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PROCEEDINGS <<

OF THE

AMERICAN PHILOSOPHICAL SOCIETY

HELD AT PHILADELPHIA

FOR

PROMOTING USEFUL KNOWLEDGE.

VOL. XXXIX.

JANUARY TO DECEMBER, 1900.

PHILADELPHIA :
THE AMERICAN PHILOSOPHICAL SOCIETY.
1900.

PROCEEDINGS

OF THE

AMERICAN PHILOSOPHICAL SOCIETY
HELD AT PHILADELPHIS FOR PROMOTING USEFUL KNOWLEDGE.

January, 1900. ‘No. 161:

VoL. XXXIX.

Stated Meeting, January 5, 1900.
Vice-President SELLERS in the Chair.
Present, 20 members.

Messrs. Daniel Baugh, Leslie W. Miller, Henry Kraemer,
Coleman Sellers, Jr., Edwin Swift Balch, Lindley M. Keas-
bey, Francis Rawle and Marion D. Learned, newly elected
members, were presented to the Chair and took their seats in
the Society.

Letters acknowledging election and accepting membership
were read from Messrs. Edwin Swift Balch, Edward Coles,
Coleman Sellers, Jr. Thomas Harvey Dougherty, Henry
Kraemer, Alexander Jay Wurts, Albert Matthews, Lindley
M. Keasbey, J. Rodman Paul, Daniel Baugh, Leshe W. Mil-
ler, Thomas Corwin Mendenhall, Otis Tufton Mason, J. Dun-
das Lippincott and Robert C. H. Brock.

The list of donations to the Library was presented and
thanks were ordered therefor.

The decease of the following members was announced :

Dr. Elliott Coues, of Washington, D. C., at Baltimore, on
December 25, 1899, in his 57th year.

Sir James Paget, Bart., of London, on December 30, 1899,
aged 85 years.

Mr. A. Radcliffe Grote presented a paper entitled, “ The
Descent of the Pierids.”’

The Judges of the annual election for Officers and Council-

PROC. AMER. PHILOS. SOC. XXxrx. 161. A. PRINTED MARCH 15, 1900.

4 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

lors, held this day between the hours of two and five in the
afternoon, reported that the following-named persons had
been chosen according to the laws, regulations and ordinances
of the Society to the offices for the ensuing year:
President. ;
Frederick Fraley.
Vice-Presidents.
Coleman Sellers, Isaac J. Wistar, George F. Barker.
Secretaries.
I. Minis Hays, Frederick Prime, Samuel P. Sadtler,
Richard A. Cleemann.
Treasurer.
Horace Jayne.
Curators.
J. Cheston Morris, Benjamin Smith Lyman, Henry Pettit.
Councillors to serve for three years.
George R. Morehouse, Patterson DuBois, Henry C. Trumbull,
C. L. Doolittle.

The Society was adjourned by the presiding officer.

THE DESCENT OF THE PIERIDS.
(Plates I-IV.)

BY A.-RADCLIFFE GROTE, A.M.,

Vice-President of the American Association for the Advancement of Science, Etc.
(Read January 5, 1900.)

GENERAL WING CHARACTERS OF THE PIERIDS.

A horde of bright butterflies with entire wings, simply marked
in gay and contrasting colors: white, yellow, orange, red, brown-
ish and black, rarely with a blue reflection or a lilac shade, but
often marbled beneath with lichen green, of the most general dis-
tribution, and numbering almost all of the very few species of
diurnals counted as injurious to vegetation. The neuration of the

1900. } GROTE—THE DESCENT OF THE PIERIDS. 3)

Pierids may be best compared with that of the Limnadidz among
the brush-footed butterflies, but is most clearly more specialized.
The cells are closed, but the transverse vein is often degenerate.
There are still, sometimes, very small backward spurs, slight
remainders of the vanished base of the median system. The
cubital cross-vein has left no mark. The fork to the second anal
vein of the fore wings at base is very thin and transparent. The
trace of the first anal vein has usually disappeared. The upper me-
dian branches ascend the radius, in the specializing movement
attending the disintegration of the system of the media. The
radial branches are reduced at times to three, the usual number is
four, and very rarely the five original branchlets are retained on the
primary wing. On the hind wings the humeral cell is reduced, often
the central slit can with difficulty be discerned, and sometimes the
veins appear to be here completely fused and the subcostal to be
single. The humeral spur is usually present, but vanishes in spe-
cialization. ‘There are two anal veins on the secondaries. These
characters show that the Pierids belong to the second division of
the diurnals, in which the free and short downwardly curved third
anal vein of the fore wings of the Papilonides is absent, viz., the
Hesperiades.

_An antecedent specialization has taken place on the hind wings
in that the radius is single, or, if we adopt the view that it is fur-
cate at base and that the costal cell is formed by Rr, two
branched. Present specialization seems still to favor the seconda-
ries, as in those Nymphalids in which the cell is open on hind wings
and closed on primaries, the reverse‘appears never to happen. But
in the Parnassiidz and the Pierids the progressing disintegration
of the median system appears more marked now on the primaries,
where the upper branches ascend the radius and the cross-vein
weakens.

PHYLOGENY.

Not without much trouble have I been able to detach the ter-
minal branch of the Hesperiades from what clings, and yet seems
not to belong to it, on the lepidopterous tree. From a common
pattern with separated veins, the middle branch of the disinte-
grating median system fading out at length (2% sztz) in both Blues
and Skippers, owing to the shrinkage of the connecting cross-vein,
the wings of the Lyczenids have evidently emerged, losing the gen-

6 GROTE—THE DESCENT OF THE PIERIDS. (Jan. 5,

eralized Hesperian number of radial veins in the operation. The
principal feature of the Lyczenid-Hesperid offshoot is nearly real-
ized by the next departure, that of the Nymphalids, in the ‘ long-
fork’’ of the Charaxine. Finally, we find the main branch itself
culminating in the Pierids, which, while otherwise agreeing well
with the brush-footed butterflies in neuration, are to-day nearly all
relatively more specialized, the radius of the primary wings being
usually only four-veined, the upper veinlets of the media tending
also to travel up the vein and arise from beyond the cell. From
this branch of the Hesperiades I have tried to disentangle the over-
lapping Papilionides, with their short, free and downwardly curved
third anal vein on the fore wings, the second anal vein showing no
thinner basal fork, as it does in the Hesperiades and most of the rest
of the Lepidoptera. Even if, as appears to be Mr. Quail’s opinion,
I have not succeeded in getting rid of this Papilionid spray alto-
gether, I have at least shown that its supposed issue from the Hes-
periades branch, between the Blues and the Skippers, affords no
growing point, the two latter being consecutive groups. And
this was my main endeavor, to take Paf/io out from between
Lycena and Hesperia.

And now having cleared as well as I am able the branch down
to the Skippers or Hesperiadee, let me try to get lower still and
find the connection of the Pieri-Hesperiadz with the trunk of the
lepidopterous tree, tne Tineides. And here I am met by an ob-
struction, and also a general prepossession out of which this ob-
struction arises. I will try to deal first with the prevalent assump-
tion, which is, that the diurnals outrank the rest of the Lepidoptera,
are more specialized, and that they represent, so to speak, the out-
come of the evolution of the order, which has travailed long to
produce them. This view is pictorially represented by all the
genealogical trees I have seen, and we may take that of Dr. Pack-
ard (1895) as an example. Here the butterflies unfold themselves
in the left-hand corner, at the top of the page, and the support-
ing twigs and limbs are supplied by all the moths, arranged more
or less after the catalogue sequence, until we get down to the roots,
represented by the Tineina and Eriocephalide. How it comes,
after such a progression, that the pupz of the diurnals still show
Tineid features, as evidenced by Dr. Chapman, how it comes that
the wings of butterflies retain generalized structures as I try to
prove, seems, and no doubt is, incompatible with this perfect

“I

1900. | GROTE—THE DESCENT OF THE PIERIDS.

scheme. Let us first take up the wings of some moths and show
by comparison that they may be more specialized than those of the
butterflies.

Specialization is shown by the different groups of the diurnals in
a variety of ways and directions. It may be said of the Papilio-
nides, that their main advance is in the reduction of the anal veins
of hind wings and the hollowing out of the internal margin of the
wing, as shown in an extreme degree by Parnassius. Now, when
we examine the wings of the Saturnians, we see, in such genera as
Rothschildia, Samia and Callosamia, the number of anal veins
equally reduced to one, the internal margin equally hollowed out.
It may be said again of the Pierids, that their main advance is
shown by the diminution of the branches of the radius of the fore
wings, which from five in number are reduced to four and three.
Turning back to Rothschildia, Samia, Attacus, etc., we find the
same reduction. It may be said in turn of the Nymphalids, that
their main advance is shown by the opening of the discal cell, the
more complete disintegration of the median system of neuration.
Again in the same genera of Attacinee, we find the cell even more
completely open, the cross-vein vanished, the centre of the wing
longitudinally clean from veins, the median system completely divi-
ded between and absorbed by the radius and cubitus (see my
figures of Saturnian wings: Bestrag zur Classification der Schmet-
terlinge). Thus the wings of the single Attacid genus Rothschit-
dia combine in a high degree the main features of the specializa-
tions shown separately by three most important groups of the
diurnals. The Attacid wing is far more specialized than the wing
of any butterfly. Not only this, it has also lost all residual features
which are retained by the butterflies. Let us enumerate some of
these: The backward spurs, traces of the base of the median sys-
tem, to the discal cross-vein, present in many butterflies, are lost.
All trace of the cubital cross-vein has vanished from the Attacid
primary. This is strong in Pago and allies, quite marked in a
number of Nymphalid forms, Morphide, Limnadidez, Heliconiide.
On the hind wings, the humeral cell, formed by the forking of the
radius, closed by the residuary vein Ri, has also gone. This is
found, in various stages of completeness, in many butterflies. The
humeral spur (precostal spur) of the butterflies has disappeared in
the Saturnians, while the frenulum has departed in both groups. If
we take the specializations as indicating younger forms, then the

8 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

Attacid genera are more modern than the diurnals, which they
thus clearly outrank. Now the indications of the base of the
median system, the presence of cross-veins, the forking of the
radius of hind wings, are primitive or Tineid characters, and the
conclusion is here again irresistible, the diurnals are nearer to the
Tineid trunk of the lepidopterous tree than the Attacinz, because
they retain more generalized features in the neuration, I think
these considerations should divert the general prepossession that
the butterflies are the final product of the lepidopterous tree, or
that this corresponds in reality with Dr. Packard’s plan, which,
with all allowances, appears to be still governed by this idea.

The obstruction to proceeding further with the stem of the Hes-
periades arises from that extensive group which Dr. Dyar has dis-
cussed under the name Bombycides (Agrotides), Proc. Bost. Soc.
NV. H., 27, 127-147, 1896. I do not think sufficient attention has
been paid to Dr. Dyar’s separation of the higher moths into dis-
tinct phyletic groups upon the characters offered by the position of
the larval tubercles. If these characters hold, and the groups es-
tablished ‘by Dr. Dyar are separate and monophyletic branches of
the lepidopterous tree, an immense stride toward our comprehen-
sion of the order will have been made. The neuration offers, in
the Sphingides, Saturniades, Bombycides, no exclusive character,
nothing to absolutely limit these groups or to satisfactorily distin-
guish them from the Hesperiades. These latter are open to the
moths generally, but, if Dr. Dyar’s characters hold, I can now
sweep aside this vast branch of the Bombycides and account for
correspondencies by the fact that the branches have the same origin,
but an independent and parallel growth. We need not pass through
the Bombycides on the way to the root of the Hesperiades, nor could
we very well, seeing they are now about equally specialized.
In the same way we may neglect the Sphingides and Saturniades.
Arriving in this way at the Tineides, we find in the Tortricidz a
family with partially concealed larve, in neuration and wing form
having marked affinities with the Skippers. Beyond these are the
related Cosside, with concealed, grublike larvz, the neuration
generalized in that the median system is complete. Both these
families have the thinner basal loop to the second anal vein of
primaries in common with other moths. While there may be no
positive proof, it seems to me probable that these families of Tinei-

1900. ] GROTE—THE DESCENT OF THE PIERIDS. 9

des have been developed from the same phyletic stem which finally
produced the Pierids and Hesperiades.

If the alternative conclusion be adopted which I have suggested,
that the so-called ‘‘ precostal spur ’’ is really homologous with the
‘‘ humeral veins’’ of the Lachneids, we must seek for the origin of
the Hesperiades in common with that branch of Dr. Dyar’s Bom-
bycides in which it is developed, and probably simultaneously from
antecedent Tineid types. This would seem to weaken the prob-
ability, suggested by Sir George Hampson’s phylogeny, that they
are derived from forms which have not developed the structure,
unless we assume the humeral spurs to be characters of convergence.
This humeral vein, which I shall call in the progress of this paper
the ‘‘ humeral spur,’’ is single in the Hesperiades, and may be here
a survival, others having perhaps disappeared. This survival itself
gradually fades away ; in Zervzas it isa mere knob, in WVatha/is it
has nearly vanished. ~

The primitive Hesperiad had probably a wing in which the
veins and branches were all separate, the base of the median sys-
tem more or less fully developed and with the first anal existing.
The second median was central. The cubital cross-vein was present.
The fork of the second anal was possibly expanded into a longitu-
dinal vein connecting with second anal by across-vein. The prim-
itive Papilionid was probably propinquitous, having most features
in common, but the third anal was longer and unconnected, and
there are indications from the position of the second median that
it was not’ central as in the primitive Hesperiad from the different
shape of the discal cell. On the hind wings the primitive Hespe-
riad would have lost the three outer branches of the radius, but the
first would be present, closing the subcostal cell as in the Sphingi-
dz. On the costal region of primaries the costal vein might have
been functional, but it had probably already left the secondaries.
Instead there might have been a greater development of humeral
spurs.

It will accord best with the paleontological record if we assume
an early and comparatively quick evolution for the diurnals, and as
in these are included the Papilonides we must finally say a word as
to their presumed origin.

I have recorded elsewhere my search for the short downwardly
curved third anal vein of the Papilionides’ primary wing. Mr.
Meyrick having figured it in the Geometridz, I sought for but

10 GROTE—THE DESCENT OF THE PIERIDS. Jan. 9,

could not verify its existence. Indeed it is quite clear that Mr.
Meyrick’s figure of the wing of Venilia macularia is impossible.
For supposing that we could homologize the loop of the second
anal with the third anal of the Papilionides, Mr. Meyrick’s figure
would depict a moth with four anal veins to the primary, since
both loop and downwardly curved vein are given. It seems as
though the fork or loop to the second anal vein must exclude the
third anal vein of the Papilionides and should therefore be homo-
logous with it. In the Saturnian genera Ze/ea and Actas the loop
is continued as a short spur. This looks as though the loop might
be the remains of a longitudinal third anal vein, which has been
joined to the second anal bya cross-vein, while the external portion
has afterwards degenerated.

This view is supported by the fact that the prolongations to the
pure and simple loop appear in the Tineid families Cossidz and Psy-
chide, but, in either case, the diphyletism of the diurnals is un-
touched, since we can reach the Cosszde without again meeting the
free and downwardly curved third anal vein of the Papilionides.
The third anal would have been merely connected with the second
in one line and not in the other. At this moment the Papilionides
hang in the air and their ancestry is undiscovered. | We may sup-
pose them to have been evolved at the same geological period with
the Hesperiades, whose origin we can trace, and that the record
has in their case become lost.

ABERRANT TYPES.

Having thus indicated the course probably taken by the ances-
tors of the two divisions of the butterflies (Lepidoptera which of
old loved light rather than darkness and hence may have become
what they are), we can turn to a brief consideration of three dis-
sonant minor groups which hang upon the skirts of the Pierids
without any traceable connection. These are the Leptidiane, the
Dismorphiane and what we must call the Pseudopontiade, for,
according to a note in the Hxtomologist’s Record, Mr. W. F. Kirby
has shown that Psewdopontia of Plétz antedates by a little Gonophle-
bta of Felder, and Mr. Scudder’s statement that. we should prefer
the latter is thus amended. The two former groups seem closely
allied by the extraordinary character of the cubital movement of
the middle vein of the median series. The Leptidiane are pecu-

1900. } GROTE—THE DESCENT OF THE PIERIDS. ist

liar in the absence of the fork to the second anal vein of the fore
wings. They are thus comparatively specialized, although the ra-
dius retains the five branchlets. —The common characters of the two
groups with their five-branched radius and elongate wings apparently
warrant a phylogenetic association, though in their special features
sufficiently distinct. The species are, technically speaking, ‘‘ long
wings,’’ forms in which the primaries have the branches of the
radius removed outwardly, sometimes, as here, entirely beyond the
cross-vein of the discal cell. The passage of the ordinary broad-
winged type into that of the “‘ long wings ’’ I have recorded in the
Nymphalids. Since I find no connection here of the two types of
wing I have separated the Dismorphiadz from the Pierids, and ex-
clude them when using in this paper the latter term.

The single species and type of the Pseudopontiade may be
called, in contradistinction perhaps to almost all other Lepidoptera,
a ‘‘round wing.’’ In this place it is sufficient to state that the
neuration is extraordinarily specialized. The radius is only three-
branched and the median series shows the Pierid movement in
specialization, the two upper branches both actually ascending the
radius. But on the hind wings three anal veins have been pre-
served, and the origin of this isolated type must be sought for at a
period when this structure prevailed. It may have survived in this
instance owing to the necessity for sustaining the spherical shape of
the wings. We may now connect this form directly with Tine-
ides which have the same three anal veins on tbe hind wings pres-
ents) Consult figure, Proc. Aw. Prin. Soc, xxxvil, Pl. 1) Fie. 7.

12 GROTE—THE DESCENT OF THE PIERIDS.: (Jan. 5,

PROBABLE PHYLOGENY OF THE HESPERIADES.

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CLASSIFICATION.

The characters used in the following table are not exclusive, but
serve to distinguish the material here discussed :

Hind wings with a single anal vein...... .... »PAPILIONIDES.

1900. j GROTE—THE DESCENT OF THE PIERIDS. 15

Hind wings with two anal veins............... HESPERIADES.
Radius of fore wings 3 to5 branched; first radial branch
fromeapove: cell: 4Z2 uradialls... acaws os he ow 0 PIERIDIDA.

Radius of fore wings 5 branched ; all radial branches arising
beyond cell; 472 central or cubital... . DISMORPHIADA.
Discal cells not reduced; the cross-vein concave ; J/2

cubital’ on fore Wings.!.05. 0! ede te Dismorphiane.

Discal cells reduced; the cross-vein convex; J/2 cen-

PRAM ONELOTE. WINGS af Bia alae ates whee. ale Sarde Leptidiane.

Hind wings with three anal veins.............. PSEUDOPONTIAD&.

Family DisMoRPHIAD&.

Wings entire; fore wings with the radius 5 branched, all the
short branchlets arising equidistantly beyond the cell. Cells
closed ; middle branch of the median series central or cubital. I
find only doubtful traces of the fork to second anal vein of prima-
ries at base. In the Dismorphianz the male primary is narrow ;
hind wings sometimes much enlarged inferiorly ; no trace of costal
cell; middle branch of median series cubital ; two anal veins.

Subfamily ZLeptidiane Grote, 1897.

Wings entire, elongate, proportionate. Middle branch of median
series central on primaries, cubital on hind wings. Cells closed,
reduced to basal third of wings ; cross-vein outwardly convex. No
trace of fork to second anal on primaries. Secondaries not
enlarged, proportionate.

Outer margin of fore wings acuminate between first and second
median branchlets, second and third median propinquitous

Sub DASE FOI CLOSS-VEIIN. not sis aie oe Sie es oe mys olen w/e zalats.
Outer margin of fore wings not acuminate ; second and third
median! branchlets separate at base.........-........ Leptidia.

Azalats n. g.
Type: Leucophasia gigantea Leech, Ent., 23, 46, 1890.
Azalats gigantea.

A more specialized form than Zeftdia, as shown by the approxi-
mation of the second and third median branchlets on hind wings,
the two branches arising close together from the point of convexity
of the cross-vein. This insect is described and figured in the But
terflies of China, p. 484, Pl. 36, Figs. 10, 11, 1893.

14 GROTE—THE DESCENT OF THE PIERIDS. (Jan. 5,

Gen. Leptidia Bilberg, 1820.
Type: L. sinapis.
Syn. Leucophasia Stephens, 1827.
Leptidia sinapis.

This common European species differs from Aza/ais by the
characters given in the above table. From the neuration the genus
Leptosia, with the type given by Scudder, does not belong here.
In the Handbook of British Lepidoptera, Mr. Meyrick places Lepitdia
in the Pierididz, between Luchloe and Pieris.

The wings of the Leptidianze show apparently no sexual character
in size and shape, whereas, in the Dismorphianz, the males have
the primaries narrowed and the secondaries disproportionately
widened.

Subfamily Dzsmorphiane.

This subfamily is closely related to the,preceding, but differs by
the sexual disproportion of the wings in the males of the genera
allied to Dismorphia, and by the longer and narrow discal cells. I
can find no traces of the fork to the second anal vein of fore wings
at base except doubtfully in Acmepteron. ‘The Dismorphianze agree
in the cubital position of the middle median branch, but this posi-
tion is assumed on doth wings, hence it would be herein a more spe-
cialized group than the Leptidianz. The parallel between these two
groups and the Heliconiide is shown by the neuration, in that the
radial branches tend also in the latter family to arise beyond the
cell, Neither in this group nor the Leptidianz are there any traces
of the cubital cross-vein, hence they are more specialized forms
than the Heliconiidz. It is possible the coincidences indicate that
they had a common origin, but against this view the fact of the
cubital position of the second median branch, as contrasted with
its radial position in the Heliconiidz and the brush-footed butter-
flies, will militate. The discal cross-vein is, however, concave on
fore wings as in the Heliconians, but since it is convex outwardly
in the Leptidianz, which otherwise so well agree, the character will
not have much weight. The broadened hind wings of male Dz¢s-
morphia recall in shape those of Pseudopontia.

The Dismorphianz are remarkable in the cubital position of the
middle median branch of fore wings, and this position within the
Hesperiades is only repeated apparently in certain Giant Skippers,
Megathymidz, which I have had no opportunity to study closely.

1900. ] GROTE—-THE DESCENT OF THE PIERIDS. 15

A trace of this tendency is, however, visible in the Skipper
Angiades sylvanus. Here, on the fore wings, this vein, 1/2, still
keeping central, has succeeded in sustaining its connection with
the cubitus by a true vein ; that is, the lower part of the cross-vein
between d/2 and 4/3 has retained its functional character, while
the upper portion, between J/2 and J/1, has yielded to disin-
tegration and become a scar. Hence J/2 is still fed from the
cubitus. On the hind wings vein J/2 has failed to retain the
connection, the source of blood supply has given out with the dis-
integration of the entire cross-vein, and, in consequence, this mid-
dle branch of the media has almost entirely vanished from the
surface of the wing.

Of the genera of the Dismorphianz, Mr. Scudder gives the type
of Dismorphia : lata ; of Leptalis : astynome. Additional genera are
given by Dr. Dixey in a footnote, Zrans. Ent. Soc. London,
1896, p. 65. Mr. W. F. Kirby kindly informs that the types of
these are: of Pseudopieris: nehemia ; of Enantia: melite; of Mos-
choneura: methymna. Of these types I have been unable to pro-
cure specimens of the first and last for study.

Gen. Leftafis Dalman, 1823.

Type: L. astynome.
Leptalis astynome.

Radius five-branched, all the branches arising beyond the cell ;
#1 fusing above with subcostal vein. Cell closed, long and nar-
row ; cross-vein deeply concave, somewhat weakened. First median
branchlet arising at junction of cross-vein with radius; J/2 cubital.
No trace of fork to second anal. Hind wings with hardly abbrevi-
ate somewhat pointed costal, curving toward base of wing; no
trace of subcostal cell. First median branchlet has left cross-vein
and arises from radius at about one-third of the length from cross-
vein to external margin. Cell closed ; J/2 cubital.

This genus is, perhaps, less specialized than Pseudopieris, in
which the discal cell is superiorly retreated, leaving //1 to spring
from radius beyond it. It is more specialized than xantia (to
which it stands nearer) and Acmepieron, because in these the first
median branchlet still remains on the cross-vein.

Leptalis melita.

I describe this since the species has become well known, owing

to its having been cited by Fritz Miiller as an example of the primi-

16 GROTE —THE DESCENT OF THE PIERIDS. [Jan. 5,

tive type of coloration of the genus. It is very close to astynome, but
represents a slightly more generalized type and must be considered
thus a more primitive form. It differs by the minute character that
the first median branchlet appears as a continuation of the cross-
vein from its upper corner; in astynome the fusion of the upper
wall of the vein with the radius can be made out. The radial
branchlets are a little longer, but Ar equally fuses with the sub-
costa. On hind wings /t ascends the radius for a shorter dis-
tance, lagging thus behind astyzome and much as in £xantia.
Since I am not in a position to compare Dismorphia, I cannot con-
clude as to the absolutely right place for me/a and leave it under
Lepialis. Color and pattern do not move necessarily with neura-
tion and at times (as in Cumizza hirlanda) are much at variance.
Leptalis melia is a more specialized insect, so far as the neuration is
concerned, than those forms of Dismorphia, now to be described,
in which J7/r still clings to cross-vein before the upper angle of
cell. From its position with regard to astynome, it might have
served as a palette upon which the heliconine pattern of the wing
was subsequently traced, but I think not, the differences in neura-
tion being so very slightly to its disadvantage. The costal humeral
spur of hind wings is as in astynome. L. melia appears as a natural
specialization of Hnantia milete.

I will first take up a form which stands a little apart from the
others here treated of :

Gen. Pseudopierts God. and Salv.
Type: P. nehemia.

Pseudopterts nehemia (Boisd.).

Radius five-branched, all the branches arising beyond the cell.
Fi not fusing above with subcostal vein, but free. Discal cells
closed, but curiously retreating superiorly on both wings ; the cross-
vein here falling back toward base of wings and leaving JM/1
stranded and fused with radius, at a point opposite 472, so that it
has made no independent radial progress. On hind wings the
humeral spur is straight, truncate, terminating in a Y-shaped pro-
jection.

This form differs from all others examined and the genus is
undoubtedly valid, while the rest hold more or less together as
phases in a progressive common specialization of the neuration.

lord

1900.) GROTE—THE DESCENT OF THE PIERIDS. Li

Gen. Hnantia Hiibner, 1816.

Type: E.. melite:
Lnantia melite (L.).

Radius five-branched, all branches arising beyond cell, but com-
pared with Zepfals, the first radial is less advanced, much nearer
cross-vein, hence in a more generalized condition. 1, angulate,
fusing with subcostal. Cell closed, concave; 4/1, from cross-vein
close to radius; J/2, cubital. Hind wings with hardly abbreviate,
somewhat pointed costal, turning well to base of wing; no trace of
subcostal cell. First median branchlet has left cross-vein and arises
from radius at somewhat less than one-third of its length from cross-
vein to external margin. Cell closed; JZ2 cubital.

This form is more generalized than Leptalis. Mr. Scudder takes
Zicinia as the type of Lxantia, but, for several reasons, I follow Mr.
Kirby here.

Gen. Acmepteron God. and Salv.
Type: A. nemesis.

Acmepteron nemests (Latr.).

Radius five-branched, all the branches arising beyond discal
cell; Az fusing with subcostal vein. Cell closed ; cross-vein me-
dially concave ; AZ arising much before upper angle from cross-
vein, hence this genus is more generalized than Euantia; Ma,
cubital; from the concave portion of cross-vein a strong back-
ward spur arises, the relic of base of the median system. Hind
wings with humeral spur straight, truncate; cell closed, with
Mi arising at upper extremity of cross-vein, hence much general-
ized.

This genus comes nearest to the primitive type of the subfamily,
being more generalized than any examined by me. There isa dif-
ference in the degree of sinuosity of the second anal vein, which is
much bent in Acmepteron, but which I have not been able to pre-
cise. In this form also I believe to have detected a very faint linear
scar at base of second anal, and which I cannot make out in the
other genera of the family. It would occur naturally in a general-
ized form, but, as I have said elsewhere, the detection of the scar,
when faded, is quite difficult and depends on the light in which the
tegument is viewed.

PROC. AMER. PHILOS. SOC, XxxIX. 161. B. PRINTED MARCH 18, 1900.

18 GROTE—THE DESCENT OF THE PIERIDS. [Jan, 9,

CONCLUSIONS ON THE DISMORPHIADZ.

This small and peculiar family is of the utmost importance as
bringing evidence of the solidarity of the Hesperiades as classified
by me. The generalized features are distinctly those of the Skip-
pers. The five-branched radius has the branches all equidistant,
and they distinctly recall, in their position and course, the branches
of the Lycznide and Hesperide. The radial branchlets have
moved along; #4 has crept up #5 till it becomes a short fork.
The cubital position of the second median branchlet shows the
probability that the group, exhibiting a character which comes out
in the Megathymide, and which is dormant in the Skippers proper, |
has left the main stem when this feature was in abeyance. That
the forms are now relatively specialized is shown by the faded-
out fork to the second anal of primaries. In specialization the
branchlets of the radius have moved outwardly, keeping up their
equidistant character. This is another link showing that the but-
terfly wing had originally separate veins and a five-branched radius.
Relics of this type are afforded by the Charaxinz in the Nympha-
lids. All these butterfly families converge, and the discovery of a
comprehensive type would make easy what now must be pieced out
with much care and thought. At present the butterflies are all greatly
specialized, but the generalized characters are still there in fragments
and can be put together. ‘To these all the families contribute their
quota. The Papilionides remain excluded, from their peculiarly placed
third anal vein of the primary wing. As Ihave repeatedly said, grant-
ing the homology of the fork attached to second anal vein of the Hes-
periades, with the short, downwardly curved third anal vein of the
Papilionides, the diphyletism would be shown in the fact that the third
anal has joined the second anal in the one case and remained free
in the other. How important this is may be inferred from the fact
that the first position is held unchanged to the Tineides through
immense series of forms in all conceivable conditions of specializa-
tion, while that of the Papilionides is equally tenacious through a
small group of genera of very diverse shape and appearance.

Family PIERIDID.

Wings entire, primaries broad trigonate, secondaries full, rounded,
rarely with projections. Radius three to five-branched, cells closed,
sometimes partially degenerate, again with slight backward projec-

1900. } GROTE—THE DESCENT OCF THE PIERIDS. 19

tions, indicating the vanished base to the median system. The
two upper branches of the median system ascending the lower side
of the radius in specialization. (The second branch follows suit in
Phulia as well as in Pseudopontia.) M2 radial. The fork to the
second anal vein of primaries is usually, perhaps always, present,
rigid, very thin and transparent. Hind wings with the subcostal
cell lost, the subcostal vein solid at base ; in some species, ¢. ¢.,
Hebomoia glaucippe, there is a narrow slit perceivable. I have
therefore assumed that all traces of A1 have generally disappeared
and lettered the Subcosta S. alone ; the fact that the radius is theo-
retically furcate at base has no practical value here. The humeral
spur (precostal spur) is usually present ; in some specialized forms,
e. g., Nathalis, Colias, it has vanished ; in some subspecialized gen-
era, Eurema, Zerene, Phedis, it has left a slight projection. Discal
cell of secondaries closed. M2 radial. Two anal veins. As
compared with the Lyczeni-Hesperiadz branch, the neuration shows
more complex changes, the relations more netlike.

No characters of the wings, or, in fact, other, have been found by
me by which a subdivision of the Pierididz could be effected. Where
there are no gaps there are no categories. The generastand in various
degrees of relationship toward each other; there is a tendency to form
lines, culminating in a form with three radial branches, terminat-
ing in one with the generalized number five. I have indicated
these lines in a former communication to the American Philoso-
phical Society. The phylogenetic lines come out more clearly in
the holarctic fauna; as we approach the tropics the increased num-
ber of forms render their separation quite difficult. Ihave no doubt
I have often failed to give the true relationship; at least, I have
tried to do this, to express by a lower position the fact that the
form so placed displays here a neurational feature which a succeed-
ing form has abandoned ; this is in principle what is intended by
phylogeny.

A rough division into ‘‘ Whites’ and ‘*‘ Yellows ’’ from the pre-
vailing colors of the wings has been attempted. Since these groups
cannot be actually limited, they merit no Latin term. As often as
I have tried to express their characteristics I have desisted, fearing
to dwell upon exclusive marks. In Prerzs and Colas, or Hurymus,
we have a typical expression of the two associations, which are pos-
sibly really natural groups kept apart by general color.

Since the most specialized form I have found belongs to the im-

20 ’ GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

mediate line of the typical genus Pierzs, | have commenced with
the ‘‘ Whites ;’’ but since the lines probably really converge, it is
not more correct than to begin with the ‘‘ Yellows.”

Typical ‘‘Whites.”’
(Pieridini. )
Gen. Phulia H.-S., 1867.
Type: P. nymphula.

Phulia nymphula. Staudinger, /rzs, vil, Taf. i, Fig. 5 (neuration).

Radius three-branched ; Ar and #2 before the cross-vein, R3—5
to costa just before apex. Only the lower median branchlet
from cross-vein ; d4/2 from lower side of radius not far from cross-
vein; 73 a short furcation not far from apex. I cannot make
out any trace of the fork to second anal; since this form is
extraordinarily specialized by the ascension of the radius by dZ2
(paralleled in Pseudopontia), its absence might be expected, yet
I have so often found traces of it in the Pierididz where I thought
it absent, that it may be finally detected here. Secondaries oblong
ovate, humeral spur pronounced, turning to base of wing ; first
and second median together from upper angle of discal cell. No
traces of subcostal cell.

From excellent figures of the neuration of species of Phudia given
by Dr. Staudinger, /7zs, vii, Taf. i, Phulia nympha Staud. would be
slightly more generalized by the propinquity of d/2 to the cross-
vein (compare with Fig. 5 of nymphula). The species of Phulia,
as well as the following Z7zfurcula, are Andean, flying at a height
of 3000 to 5000 metres, department of La Paz, Bolivia.

Gen. Zrifurcula Staud.
Type: T. huanaco.

Trifurcula huanaco. Staudinger, /rzs, vii, Taf. i, Fig. 7 (meuration).

Radius four-branched ; #2 advanced to opposite discal cross-
vein; #3 a very short furcation. #1, ascending radius; JdZ/2
from cross-vein near to radius, so that the three veins are brought
here close together, a feature which Staudinger considers charac-
teristic. A very faint trace of fork to second anal. Hind wings
shaped like Phufa; humeral spur straight, abbreviate; no trace of
subcostal cell; JZ2 radial.
_ More specialized than Pers by the advance of R2 to a point

1900. | GROTE—THE DESCENT OF THE PIERIDS. A

opposite cross-vein ; more generalized than Phulia by the four-
branched radius and J7/2 still from cross-veins.

Gen. Mancipium Hiibn., 1806.

Type: M. brassicze.

Mancipium brassice. Grote, Mitt. a. d. Roem. Mus., 8, Vaf. i,
Fig. 4 (neuration).

The validity of this genus seems to depend upon the fact, that in
’ my preparations the short fork, A3 of Pzervzs, has disappeared. Dr.
Chapman informs me that in material examined by him the vein-
let still shows itself. Zancipium is then a Preris with sometimes
three-branched radius. It shows that there exists a: tendency in
Pieris to lose R3; the individuals not reproducing the vein are
specialized, those repeating it relatively generalized. The genus
stands on a very uncertain footing and should probably be dropped ;
it can only be used with any separate meaning for a part of the ma-
terial of the typical species. Pontia daphdice, usually mixed with
Pieris, may owe its similarity, I have ventured to urge, to converg-
ence and belong really to the line Anthocharini. The generic
title Mancipium covers the Preris of the future, not of the present
day, since any /Pverzs discarding the short veinlet #3 would be-
come thereby equally entitled to be referred to it. From the neura-
tion, I cannot distinguish Ponta from Mancipium.

Gen. Preris Schrank, 18o1.
cby pera r. rape.

Pieris rape. Grote, Mitt. a. d. Roem. Mus., 8, Taf. i, Fig. 5
(neuration).

Radius four-branched, 2 from above cell before cross-vein,
#3 a very short fork before apices. Discal cross-vein shrunken ;
Mx from radius, (4/2 radial, quite close to upper angle of the
cell. Fork to second anal at base distinct. Hind wings with
humeral spur turned outwardly; no subcostal cell, but the vein
seems to show a cleavage, its remnant. Discal cross-vein also
medially deteriorate ; 7/2 radial.

Pieris napi.
Agrees closely with the preceding, but the second radial is ad-

vanced nearer the cross-vein (emulating Z7ifurcula). The fork
#3 is still shorter, quite minute and I should expect it to be occa-

22 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

sionally absent, when the specimen would be referable to A/ancz-
plum. PP. napi is thus more specialized than P. rape.

We have thus come somewhat rapidly from local butterflies living
on the heights of the Andes to the typical genus of the holarctic
Pierididz. It is clear from the retention of 72 above the discal
cell, that the ancestors of Phudia have passed through the type of
Pierts. Trifurcula seemingly represents an intermediate but lateral
stage, in which 2 is advanced to opposite cross-vein, while JZ2
has not followed Aft and left the cell. The specializations are
therefore probably independent and Pua has not passed through
a Trifurcula stage.

The genus Pzerzs represents an advanced type of the four-branched
radius, on the verge of becoming three-branched, but one in which
the second radial has retained its original position above the cell.
This type may be used for comparison with the other genera, some
of which have evidently attained, through convergence, the same
condition ; while on the passage of the five-branched to the three-
branched form the stage of Pzerzs is more or less nearly repeated
in different phyletic lines. For instance, in the ‘‘ Yellows,”’
Callidryas represents Pers, with 72 still in position, but it falls
behind in the long #3. Zerene abandons the original position of
the second radial, which advances to opposite cross-vein and repeats
the Zrzfurcula specialization. Lurymus (Colias) goes still further,
£2 passing beyond the cell and the fork of #3 shortening to nearly
the condition of Pzeris. Thus we can probably use the type of
Pieris with advantage to make the position of the other genera
clearer.

Although Pua has made an immense stride beyond Pveris
toward a greater simplification of the neuration, as shown in the
ascent of the radius by JZ@2, in the short fork of 23-5 with 4/1
(through which we can imagine that the two may come to fall
together), yet does Phudia remain on the wveau of Pieris by the
retained position of Rr and #2. This fact illustrates the in-
equality of the specialization, in one and the same organ, of the
characters we use as generic. ‘This is a further amplification of
that inequality of the specializations between the different stages of
the insect to which I ventured to draw attention in 1875. It will
then be impossible to ‘‘reconcile’’ generic groups founded on the
separate specializations of larva, pupa or imago. Primary, Zz. ¢.,
indifferent characters may be found, by which great groups can be

1900. ] GROTE—THE DESCENT OF THE PIERIDS. 23

approximately outlined. But the characters used as generic are
subject to constant modification and this from the total surround-
ing. And for larva, pupa and imago the exfourage is quite distinct
and as for different animals. It is this want of correspondence
which shows itself upon occasion, together with the baffling fea-
tures of convergence which makes the task of the zodlogist in un-
raveling phylogeny so extremely difficult. The classificatory strain
put upon the features of specialization, as for instance by Dr.
Karsch’s system based upon the larval feet, or Dr. Dyar’s founda-
tion of the family Apatelidze, is greater than they can bear.

My conclusion is, that, there being no homology between the
specializations of the different stages in the Lepidoptera, there is
also no correspondence.? It may be, in certain cases, that all three
show marked specializations after their differing fashion, but there
exists no necessity that they should do so. One specialization does
not arise out of another. ‘The very unusual larva of Stauropus pro-
duces a moth not so different from other Ptilodonts, as for instance
Heterocampa. ‘To revert to the genus Afpaze/a, from which I drew
my earliest deductions in this matter, if the curious clubbed or flat-
tened hairs on the body of the caterpillar of Jocheera alni and
Juneralis, were found instead on the body of the moth, our critic
would reproach us with ‘‘ ignorance’’ were we to overlook this generic
character. A specialization is, however, a generic character, in
whatever stage it presents itself, and in overlooking this in the
larva our critic is himself at fault. Jocheera cannot be thrown into
the common pot of Apate/a without covering over its peculiar
specialization, and to do this is, to use for once a term I dislike,
unscientific. A peculiar generic title simply means, that the insect
possesses some peculiar feature, in whatever stage, that distinguishes
it from its allies. There is, however, no test for the amount of the
specialization necessary to support an independent title. ‘To weigh
the value of the categories, without prejudice, is the test of a capa-
ble classificator. I am not one of Mr. Butler’s censors for his
paper on Apafe/a, a paper both suggestive and challenging con-

1 That variations in color in the preceding stages have no influence on the
imago seems certain. From the two types of the pupa of Papzlio machagn I have
reared but one of the butterflies. Oscar Schultz separated aberratively culored
larvee of the same species, and they all produced normally marked and colored
specimens. Aside from sexual peculiarities, there is then no neces:ary cor-
respondence between the stages in this respect.

24 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

sideration, the more so since his critics do not seem to have been
able to point out wherein his conclusions are really faulty, It is
that Mr. Butler here mistook characters of convergence in the
larve of Afate/a for characters of affinity, and this we can control
by a study of both moth and chrysalis. Furthermore, Mr. Butler
placed a classificatory strain upon these characters, which they
cannot carry, in giving them family value. ‘Their value is generic,
however much or little the moths agree ; the conclusion is irresisti-
ble: we should use the larval specializations as the basis of generic
names for the total cycle, if we are entitled so to use the specializa-
tions of the imago.

To continue our researches for generalized forms of the direct
Pieris line, it is clear that we must confine ourselves to those in
which the first two radials are in position above the cell, since the
departure of R2 toward the tip of the wing is a further specializa-
tion which we can even conceive Phu/ia has yet to undergo.

Gen. Huphina Moore.

Type: H. coronis.
Huphina coronts.

Radius four-branched, Ar and #2 in position above cell, but
as compared with Pver’s, not so advanced along the vein. The
neuration agrees with that of rvap@, but all the movements are re-
tarded and show thus a preceding stage to that of Prer’s. The
fork of #3 with #4 and 5 is longer. The cells are closed; on
primaries J/1 ascends the radius for a shorter distance than in
Pieris. On hind wings the humeral spur is pointed, turned out-
waidly. An antecedent stage of Pveris, which the latter has
abandoned. ‘The wings are of a similar texture with transparent
veins.

Huphina judith.

Agrees with coronts, but slightly more specialized; 1 and R2
are nearer together, but #2 is further from the cross-vein than in
Pieris. Wings more produced ; the outline differing.

We now come to two genera which agree with the Prercs plan
generally in neuration, but have produced primaries and light,
bright colors and represent two stages in specialization wide
apart.

1900. ] GROTE—THE DESCENT OF THE PIERIDS. 2

Or

Gen. Zachyris Wallace, 1867.

Type: ©. nero.
Tachyris nero.

In the shape of the more pointed primary wings differing from
Pieris and Huphina, the neuration agrees generally and the special-
ization seems to even exceed the latter. Radius four-branched ;
Rr and #2 nearer together than in Auphina; apical fork even
shorter. Cell closed; J/1 has ascended radius for about one-
fourth of the distance from cell to margin; cross-vein between J/2
and radius concave ; a slight mesial backward spur. Hind wings
with humeral spur turning sharply outwardly.

There are apparently four groups in this genus as established by
Wallace, but I have only examined the type as given by Mr. Scud-
der (Hist. Sketch, 274).

Gen. Hebomoia Hiibner, 1816.
by pe ci ils glaucippe.
HHebomoia glaucippe.

Agrees with Zachyris, but much more generalized, and there is a
wide gap in the continuity which may be bridged over by forms to
which I have not access.

Radius four-branched ; Ar and #2 approached, but #2 well
removed from cross-vein. Cells closed; 4/1 has not ascended
the radius, as in the entire preceding series, but springs from cross-
vein close to upper angle of discal cell. Traces of the base of
media as in all generalized forms ; two parallel creases can be made
out, the upper joining to a slight backward spur at the origin of J72,
the lower from a similar point at the centre between J/2 and
M3. First anal vein a very strong scar; this vein is only devel-
oped, however, incompletely in generalized forms. A strong fork
to second anal at base. Hind wings with pointed humeral spur
turned sharply outwards. Traces of a splitting of S at base, thus of
a subcostal cell. Wings with transparent but strong veins.

This is the most generalized form which I can refer to the prob-
able direct line of Pzeris,; it is a long way behind, from the fact
that 4/1 lags upon the cross-vein. ‘The line of Prerzs'seems to
have connected with the Aforta line, which we now take up, and
through forms like Zhesty/is, which may almost belong to either.

26 GROTE—-THE DESCENT OF THE PIERIDS. [Jan. 5,

The neuration of AHedomora is Pierid, not Anthocharid ; the orna-
mentation of the wings above resembles on the other hand that of
Eroessa, but also Callosune. I cannot see in the neuration any
sure indication that it is related to the ‘‘ Yellows.’’ Probably all
the generalized forms tend to meet, but I have found no compre-
hensive type in my material which might stand as ancestral to the
whole.

A line which runs parallel with P¢erzs, and which is character-
ized by the opaque veins, strong wings, the two first radial branches
in original position above the cell, the humeral spur of secondaries
turned outwardly except in AZesagia, where it is truncate, and which
possibly may connect with the main line through Préoneris, may
now be taken up.

Gen. Mesapia Gray, 1856.

Type: M. peloria.
Mesapia peloria.

A miniature edition of Aforza. Veins strong, cells closed. 2
more separate from 1 and avery little nearer end of cell; the
costal field above cell is wider on primaries, the cell a little more
central than in Aforza. On secondaries humeral spur straight and
truncate. Seemsa slightly more specialized form than Ajorta, with
which it generally coincides even to the fraying of the cross-vein
superiorly between 172 and J on fore wings. On the hind wings
the veins appear more equidistant, d/1 is further removed from R
than in Aforza. A rare form from Thibet.

Gen. Aporta Hiibner, 1816.
Type: A. cratzgi.

Aporia crategt. Grote, Mitt. a. d. Roem. Mus., 8, Taf. i, Fig. 6
(neuration).

Wings strong, entire veins opaque, cells closed. Radius four-
branched ; Ar and £2 in original position above cell, but 2
removed a little outwardly. Jd/1 from radius, well removed from
cross-vein ; the branchlet #3 longer than in Prerz7s. Second anal
vein with a slender fork at base. Hind wings with humeral spur
abbreviate, turned outwardly. A common European form.

GROTE—THE DESCENT OF THE PIERIDS. 21

Gen. MWZetaporia Butler, 1870.

Type: M. agathon.
Metaporia agathon.

Closely allied to Aorta, but the first and second radial branch-
lets are quite in original position, Az further from the cross-vein,
hence more generalized than Aforta. On hind wings humeral spur
straight, truncated.

Dr. Staudinger catalogues under MMefaporia a number of rare
palzarctic forms which I have not been able to study, and which
may not be congeneric with agathon, which the same author refers
to Previs.

Gen. Prioneris Wallace, 1867.
; Type: P-thestylis.
Prioneris thestylis.

Wings ample, entire, veins opaque, tending to subtransparency.
Radius four branched ; A1 and #2 near together, well removed
within cell, #3 a moderate fork. Cells closed ; J/t ascends radius
for about one-fourth of distance between cross-vein and external
margin. Hind wings with humeral spur pointed, turned to apices
of wing. Cross-vein, between J/2z and cubitus, strongly convex
with 4/3 nearly centrally placed, springing from apex of convex-
ity; traces of a splitting of subcostal vein at base.

This genus is more generalized than MJe¢aporia by the two first
radial branchlets being less outwardly removed ; the first median
has ascended radius for a shorter space; on hind wings J/2 is
more central, continuous with cross-vein. It is more specialized
than Hobomoia, by the ascent of radius by 4/1. On both wings
M2 is continuous with upper portion of discal cross-vein, which
latter, between 1/2 and M3, is slightly reduced.

We will now leave Pver’s and its branch Aforia and seek for
other parallel series of forms. The following line may not be con-
tinuous. I arrange the genera according to their grade of special-
ization.

Gen. Elodina Felder, 1865.
Type: E. egnatia.
LElodina egnatia.

Wings entire; radius specialized, three-branched ; #2 has left
the discal cell and progressed beyond the cross vein, being inter-
mediate between Ar and R3 + 4-++ 5, the latter a long fork with

28 GROTE—THE DESCENT OF THE PIERIDS. (Jan. 5,

Mx, which ascends the radius to a little less than one-third
of the distance between cross-vein and external margin. Cell
closed, the vein a little degenerate, concave, J/2 being thrown
off from upper corner and apparently fuses with radius. A trace
of fork to second anal. Hind wings with humeral spur straight,
apparently turning outwardly at tip; subcostal vein solid at base ;
discal cell closed, cross-vein somewhat reduced.

A highly specialized form, as seen by the three-branched radius,
the ascent by J4/1 of the radius and the position of J/2 on the
primary wing. The following represents a more generalized stage :

Gen. Phrissura Butler, 1871.
Type: Pacezis.
Phrissura egis. :

Wings entire; radius four-branched; 2 has not left the cell,
but is advanced nearly to cross-vein; #3 a short furcation out of
R4+5. Cell closed; A/r ascends radius; Jd/2 radial, out of
cross-vein which is concave between radius and A/2. Trace of
fork at base of second anal. Hind wing with humeral vein
pointed, turning sharply toward apices.

This type very nearly assumes the stage of Pzer¢s and stands much
lower than //lodina. It is a little more specialized than Pvevzs,
since #2 is nearer cross-vein, not quite assuming the position of
Trifurcula.

Gen. Ascia Scopoli, 1777.

Type: A. monuste.
Ascia monuste.

This genus assumes almost completely, apparently by conver-
gence, the Prerzs stage. The four-branched radius shows the rela-
tive position of Ar and A2 asin Preris. It is very slightly more
generalized than Pverzs, in that J72 is further from radius, not con-
tinuous with the short cross-vein between J/2 and radius. Hind
wings with humeral spur pointed, turning sharply, as in PArts-
sura, toward apices, not abbreviate as in Prerzs.

Gen. AM/ylothris Hiibner, 1816.

Type: M. rhodope.
Mylothris rhodope.

Wings ample, entire; radius four-branched ; &1 and #2 in
the Pieris position; fork of #3 with A4-+ 5 longer than in

1900. } GROTE—THE DESCENT OF THE PIERIDS. 29

Pieris and Ascia, which agree, hence a little more generalized.
Mi ascends radius; J/2 in stage of Ascia. ‘Trace of fork at base
of second anal. Hind wings with humeral vein as in Ascza,
pointed, turning sharply toward apex of wing.

There is probably a direct descent between AZplofhris and the
much more generalized (Vepheronia. I interpolate, however, here
the intermediate genus Ava, which, more generalized than AZyloth-
vis, probably connects with the Ascza line.

Gen. Ava de Nicé€ville, 1898.
Type: A. affinis (Voll.).
Ava affinis.

Wings ample, entire; radius four-branched; Ar and 2 in
the Pierid position above cell; #3 a rather long fork out of R4
+ 5. Cell closed; M1 ascends radius, perhaps for a little
shorter distance than in Ascza, than which it would be thus more
generalized ; JZ2 is also a little further from radius than in Ascza
and the cross-vein between them is concave or depressed, not
straightly oblique. Trace of fork to second anal at base. Hind
wings with humeral spur pointed, turning sharply toward apex of
wing.

This genus is of the Asczéa type, not of Prevzs. As it is a little
more generalized than AZy/othris, I bring it in here. This is to be
seen by the longer apical fork of #3; by the shorter stem of J/1 ;
the cross-vein between 4/2 is roundedly concave or depressed,
not angulate as in AMZj/othris, and the second median standing a
little further off from radius.

Gen. Wepheronia Butler, 1870.
Type: N. poppea (idotea).
Nepheronia poppea.

Wings ample ; external margin a little retreating below apices ;
color and pattern of AZplothris. Radius five-branched, generalized,
approaching the generalized form of the Anthocharid line; AI
and #2 in original position above cell; #3 and #4 near apices
out of #5, comparatively short furcations. Cell closed; J
does not ascend radius, but arises out of cross-vein just before
radius ; cross-vein angulate between 4/1 and J/2, a little degener-
ate between J/2 and 473. Hind wings with humeral spur curving
gently. toward apex of wing.

30 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

This form is the most generalized of the Pieridini of which I
have any material. It stands below Heéomota from the five-
branched radius, but shows less residual features in other respects.

We now come to two genera (if really different) which appear to
stand between /7eéomoza and the present Ascéa line.

Gen. Callosune Doubleday, 1847.
Type: C. dane:
Callosune dane.

Wings entire, form of “/odina and this approaches the latter by
the shape of the discal cells which are somewhat broadened
outwardly and short. Radius four-branched; Ar and 2 in
original position above cell; #3 out of #4 -+ 5, a rather long
furcation. Cell closed; dA/r does not ascend radius, but fuses
with it at upper angle of discal cell; J/2 radial; cross-vein be-
tween J7/2 and 3 a little degenerate. Hind wings with humeral spur
pointed, a little long and turning sharply toward apex of wing.

This and the following are more generalized forms than PAr‘ts-
sura, but appear to connect with the line H/odina—Phrissura.

Gen. Anthopsyche Wallengren, 1857.
Type: “A: ache.
Anthopsyche achine.

Differs from Cadl/osune only as follows: #1 and 2 a little more
separate at base; 4/1 apparently more freely fused with radius;
cross-vein between radius and J/2 a little shorter ; on hind wings
the cross-vein meets the point of junction of J/1 and JZ2, whereas
in Cadlosune it meets J72 before the junction. By these points of
difference it seems the more specialized form.

We now come to several isolated genera which I believe to be
unequally related to the Ascéa line or to some of its members as
enumerated by me. No doubt more connection might be supplied
by material inaccessible to me. They appear to me to be connect-
ed here rather than to the line Prerzs-Aporia, strong-winged, more
specialized forms, which I will afterwards consider before going on
to the angled Whites.

Gen. Melefe Swainson, 1832.
Type: M. limnoria.
Melete limnoria.
This is, I believe, the butterfly which Mr. Scudder calls ‘‘ AZedere
Lycimnia (limnobia),’’ Hist. Sketch, 215. Isuppose ‘‘ Zémnobia’’ to

1900.] GROTE—THE DESCENT OF THE PIERIDS. 31

be a misprint for Zmnoria. As Ido not possess the means of fully
checking this I thought I would be obliged to omit it at first, but I
received the butterfly from Dr. Staudinger labeled ‘‘ Daptoneura
limnortia.” According to Mr. Scudder, Daftoneura falls before
Melete, with which it is synonymous.

Wings entire; apices produced ; hind wings with anal angle
roundedly produced ; veins transparent. Radius of primaries four-
branched ; Ar and £2 in original position above cell, near to-
gether; #3 out of R4-+ 5 a moderate furcation to apex. Cell
closed ; 4/2 ascends radius for a brief extent, about one-fifth of
distance from external margin to cross-vein ; A/2 nearly central ;
two slight backward projections from cross-vein between (7/2 and
radius. Hind wings with humeral spur straight truncated.

This butterfly is more generalized than JZylothris, more special-
ized than WVepheronia, which it appears to represent in the Ameri-
can fauna. The smooth wings are saturated with a pale yellow,
deepening over the secondaries, the outer margin of which latter is
bordered by a shade resembling the chrome yellow colored patches
at base of primaries in its allies.

Two isolated genera, of differing grade of specialization, may be
here considered. They have frail wings and in literature have been
associated with Leptidia ( Leucophasia), although the neuration does
not appear to me to warrant the inference.

Gen. Leptosia Hiibner, 1816.

Type: L. xiphia.
Leptosia xiphia.

Wings frail ; discal cells developed, broadening outwardly, about
two-thirds of length of wing. Radius three-branched; #1 from
above discal cell; 2 advanced to opposite cross-vein, hence
assuming the 7Z7ifurcula position; #3 to 5 furcating with d/1
which ascends radius for about one-third of distance from cross-vein
to external margin. 4/2 from upper corner of discal cell, appar-
ently not quite fusing with radius; cross-vein concave. Hind
wings with humeral spur appearing curved outwardly at top.

This genus is highly specialized, nearly on a par with Z/odina.
It is not related at all to Leftidia, and has more resemblance to
Neophasia.

32 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

Gen. ZLeucidia Boisduval, 1847.

; Type: L. elvina.
Leucidia elvina.

Wings frail, short, entire; discal cells wide, taking up about half
of the length from base; radius four-branched ; Ax in original
position ; #2 has advanced greatly, arising beyond cross-vein at
about one-fourth of distance to external margin; 3 a short fur-
cation with R4 + 5. Discal cell closed ; 4/2 nearly central. Fork
to second anal at base apparent. Hind wings with truncate straight
humeral spur; J/1 out of radius beyond cross-vein; J/2 nearly
central.

More generalized than Zeftosta by the four-branched radius and
equally unrelated to Leptidia. ‘This species is very light yellow
with dark apices of four wings.

Leucidia brephos.

This is one of the frailest of small butterflies; pure white, the
neuration agreeing absolutely with the type, unless it is that the
humeral spur is a little shorter, truncated.

This exhausts my material in the Ascza direction and we will now
return to more specialized types of the line Prerts-Aporia.

Piccarda n. gen.

Type: P. eucharis Drury, sp.
Piccarda eucharis. .

Wings ample. Radius three-branched; 1 from above cell in
original position; 2 a short fork out of 3-5 before apices.
Cell closed, vein between J/2 and JZ hardly degenerate; A/2
radial ; 4/1 from lower side of radius, a little less than one-third
of distance between cross-vein and external margin. Second anal
with basal fork. Hind wings with hardly abbreviate, pointed,
outwardly curved humeral spur; cell closed, vein a little more
degenerate than on fore wings ; Sc. apparently solid at base.

This genus differs from DeZas, than which it is more specialized,
by the position of 4/1, which is about one-third removed from dis-
cal cell.

Piccarda hyparethe Linné, sp.

Agrees with eucharis, the stem of Jf very slightly shorter, hence
more generalized. There are probably other Asiatic species to. be
separated from Defias upon the above character.

1900. | GROTE—THE DESCENT OF THE PIERIDS. 33

Gen. Defias Hiibn., 1816.
Type: D. egialea.
Delias egialea.

Radius three-branched ; #1 from above cell in original position ;
#2 ashort fork out of 3-5 before apices. Cell closed, vein be-
tween J/2 and 4/3 somewhat degenerate; J/2 radial; J/t from
radius immediately beyond cell. Second anal with basal fork. Hind
wings with pointed, outwardly curved humeral spur; cell closed,
vein somewhat degenerate; Sc. apparently solid at base. Differs
from /iccarda in the position of J/1, which springs from radius
quite close to the cross-vein beyond the cell, and hence is the more
generalized form.

Gen. Pereute H.-S., 1867.
Lype.: EP: callinice.

Pereute callinice.

Radius three-branched ; #1 only from above the cell, but not in
original position, being outwardly removed near to cross-vein; 2
a short sinuate branch anastomosing with Ar just before apices,
thus a long supradiscal cell is formed, closed outwardly by R2.
Cell closed, vein hardly or not degenerate; J/2 central; J
from radius about one-fourth of distance between cross-vein and
external margin, herein resembling Prccarda. Second anal vein
with thin fork at base. Hind wings with abbreviate humeral spur,
not pointed, appearing turned to base of wing ; cell closed, vein not
degenerate ; Sc. apparently solid at base.

This genus, except for the position of costal vein of secondaries,
would appear as a lateral specialization of Defias. The fusion of
#2 with A: at tip of wing is so extraordinary that I should like to
examine more material than is now accessible. Specialization is
shown by the outward movement of A1 and J7r. On the straighter
and rather longer portion of the cross-vein between 47/2 and radius
are too very slight inward projections showing where the vanished
base of the median system joined on. In Precarda and Deltas
these projections are barely indicated in the same places by a slight
unevenness of the vein. This fact, among others, might show that
the three genera are related, since in Perhyédris there is only one
projection in the middle of the shorter discoidal vein between
M2 and the radius. In both this form and the more generalized

PROC. AMER. PHILOS. SOC. XXXIX. 161. Cc. PRINTED MARCH 19, 1900.

34 GROTE—THE DESCENT OF THE PIERIDS. (Jan. 5,

South American Archontias the costal vein of hind wings appears
turned in the reverse position from De/zas, and to the base of the
wing. The correspondence, however, in the position of the radial
nervules, between Prccarda, Delias and Pereute is very great, but
is probably owing in the latter case to convergence. That the first
radial does not attain the margin, but fuses with the short second
radial, isolates Pereute from any other type examined.

Gen. Archonias Hiibn., 1816.
Type: A. tereas.

Syn. Luterpe Swainson, 1832.
Archonias tereas.

Wings ample. Radius four-branched ; “1 and #2 both moved
forward, 2 opposite cross-vein ; #3 straight, a moderate furcation
to apex. Cell closed, vein between J/2 and 4/3 medially degen-
erate ; J/1 from radius about one-fifth distance to external margin
from cross-vein. Hind wings with humeral spur turned backwards
to base of wing ; Sc. appears to offer a line of cleavage ; cell closed,
vein between 4/2 and 473 thinner, but nowhere degenerate.

This genus and the following appear to represent the four-
branched stage of the preceding Pereure.

Gen. Cafasticta Butler, 1870.

Type: C. nimbice.
Catasticta nimbice. i

The primaries are apically narrowed and produced, else this type
agrees absolutely in neuration with that of Archontas, all the dif-
ference I note is that the stem of J/1 is a little longer and that the
discoidal vein, between J7/2 and radius, is quite even on the inner
edge, losing the infinitesimal irregularity of Archonias. The pro-
duced apices seem to necessitate the wider fork between #3 and
R4-5, while 73 is a little curved. How far these very slight char-
acters are generic I cannot say without a larger material to examine.

We come now toa genus which shows affinities to the Antho-
charids in the short terminal branches of the radius of fore wings, as
well as in the truncated costal vein of secondaries, curving in one
instance plainly to base of wing, and in the comparatively straight
inner margin and determinate anal angle of the hind pair.

1900. | GROTE—THE DESCENT OF THE PIERIDS. 35

Gen. Hesperocharts Felder, 1862.
dype:) Hs erota.

Hesperocharis erota.

Wings ample; primaries with determinate apices:and straight
outer margin. Radius four-branched. 1 alone in original posi-
tion above the cell; #2, 3 and 4 + 5 short branchlets near apex,
Cell closed. 4/1 still from cross-vein. Secondaries with truncated
humeral spur, nearly straight. Space between J/2 and 173 wide,
and here the discoidal vein is distinctly angulate superiorly. Anal
angle determined.

This genus and its ally fall below the Anthocharids with four-
branched radius, in that J/1 has not ascended radius, but springs
from cross-vein before upper angle of cell. I have corresponded
with Mr. W. F. Kirby on the subject, who imforms me that he
believes that Hesperocharis might well be subdivided. I find one
type among my material which I venture to separate without being
able to review all the described species described under Hespero-
charis. HH. graphites Bates, a very pale lemon-colored species from
Mexico, agrees with the type of Hesperocharis in shape of wing,
and, as far as I can see without preparing the wings, exactly in neu-
ration.

Cunizza n. g.

Type: C. hirlanda.
Cunizza hirlanda.

Wings ample ; primaries with rounded apices and outer margin
sweeping inwardly. Neuration like’ Hesferocharis; terminal
branchlets of the four-brancled radius longer. Secondaries with
space between JZ2 and 4/3 narrower, the cross-vein here shorter
and not angulate. Humeral spur truncate, clearly turning to base
of wing.

The principal distinction lies in the shape of the wings, which
in this respect, color and ornamentation approach the line /Veo-
phasia-Perrhybris. The neuration is more generalized and entirely
different from Perrhybris pyrrha, which it seems to copy.

Although, from the pattern, the temptation is to consider Cunizza
a generalized Perrhydris, the markings of the former culminating
in the latter, still it is not possible to bring Cunizza hirlanda into a
relation with Perrhydris pyrrha, through the neuration. In Perrhy-
bris Rit and 2 spring from the above discal cell, the Pierine

36 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

position; in Cunzzza, as in Hespferocharts, only Kr remains in posi-
tion (as in Piccarda-Delias), and R2 and #3 are short apical
branches, succeeding each other out of #4 -++ 5, the Anthocharid
type. The resemblances between Cumizza and Hesperocharis are
too great to be set down to convergence, unless we had other char-
acters. Again, the humeral spur sets toward the apex in Perrhy-
éris, the Pierine position ; in Cumzza it curves in the opposite
direction, and this seems to be its trend in Hesferocharis, in which
it is truncated. Alone the shape of the wings tend to remove
Cunizza from the Hesperocharis and to bring it over to Perrhydris.
Independent of the fact that the shape of the wings may be also
influenced, the resemblance to Perrhyéris is by no means exact.
The apices are bluntly rounded, produced, in Cunzzza ; in Perrhy-
éris, though rounded at apices, they bulge between J/2 and 173,
just where they retreat in Cwnzzza. The latter differs strongly
from Hesperocharis, where the apices are squared and the external
margin descends straightly.

A broken line, which may connect with the main line of Pverts,
seems to be indicated by the North American Pine Tree White:
Neophasia menapia Felder. It is possible, also, that JVeophasza
is a generalized form of Pyrsrhydris.

Gen. Weophasia Behr, 1869.
Type: N. menapia.

Neophasita menapia.

Wings somewhat elongated and shaped asin Deéas, but frail in
texture, and in this character resembling Leffostza. The Prerts
type of neuration is nearly repeated. Radius four-branched ; £2
moved forward, but not attaining cross-vein; the fork of £3
longer than in Pveris. Cell closed, the vein between J/2 and 473
hardly degenerate ; 4/2 radial; J/1 ascending radius and leaving
it about at one-third of total distance from tip of wing. Second-
aries with humeral spur turned inwardly at tip, somewhat obscure
and truncate ; Sc. appearing undivided at base.

In the fact that the feature of Pver7s is retained, that both Ar

1 Consult an article by R. H. Stretch, Papz/io, 2, pp. 105 e¢ seg., for the habits
of this insect. Through anapparent confusion of localities, the German lepidop-.
terist Fruhstorfer thought he recognized, in a Pierid flying about meadows in the
vicinity of Washington, D.C., this insect, which inhabits Washington Territory
and Idaho. See /usehten Borse, Nov. 16, 99, p. 279.

1900.] GROTE—THE DESCENT OF THE PIERIDS. on

and #2 spring from radius before cross-vein, MVeophasia agrees
with the more specialized Perrhyéris.

Gen. Perrhybris Hiibn., 1816.

Dype= PB. pyrrha.
Perrhybris pyrrha.

Wings ample. Radius three-branched; Ar and 2 in origi-
nal position above the discal cell; cell closed, upper half of vein
between 472 and 473 shrunken, the shorter vein between J/2 and
radius strong and showing a central backward projection, the
remnant of the base of the median system. Second anal vein with
a slender fork at base. Hind wings with humeral spur strongly
turned outwardly ; cell closed, vein between 4/2 and 173 somewhat
shrunken ; a single very slight backward projection on cross-vein
between J7/2 and radius; subcostal vein apparently solid at base.

The correspondence in the neuration between Pyrrhydris and
Mancipium or Pontia may, I think, be due to convergence ; other-
wise we should have to regard the former as a specialized Pverzs, of
very strange pattern of ornamentation: ‘The stage to which Pyrr-
hyéris has attained in the reduction of the radius is anticipatory of
Delias, but the relationship cannot be considered as direct or an-
cestral, since the reduction of the media is less advanced in De“as.
If it were not for the existence of the latter genus, which is clearly
ancestral to Prccarda, we might regard Pyrrhyéris as a very early
forerunner of the latter. As it is, the line Prccarda-Delias has
probably emerged from the direct line of Pzer7s, from forms in
which the median branches still kept to the cross-vein. The gen-
eral directions in the reduction of the radial and median branches
has been pointed out, and these studies now show the inequality in
the rate of specialization between the two systems. In establishing
phylogenetic lines we have to reckon with all the factors; in the
present paper I am mainly endeavoring to show how the neurational
features may be used, as well as the difficulties they present. I
hope to have made it plain that their value is very great, but this
will come out more clearly the more material is examined and com-
pared.

In pattern of ornamentation Pyrrhydris is dimorphic, and the
white color of the male above may be considered historically more
recent and a specialization. But, in the veining, the sexes are

38 GROTE—THE DESCENT OF THE PIERIDS. |Jan. 5,

alike, hence there has been an independent advance in the pattern
of the male.

An analagous difficulty with that in the case of Pyrrhybris and
Delias prevents us from considering that /Veophasia is related to
Cunizza ; since in Veophasia the media has progressed and not in
Cunizza, where A/r still springs from the cross-vein. But it seems
possible that Pyzvhybris may be looked upon as a specialization of
a type similar to Weophasia.

The Angled Whites.
(Anthocharint.)

Of the group here discussed, all the types, from the three- to the
five-branched form, are, if we admit Pont/a, here extant, and the
evolution of the specialized forms may have been relatively modern.
The wings have somewhat sharp apices and often a perceptible
sexual distinction in shape, the outer margin retreating in the males.
The size is moderate, the ground color white, often with orange
blotches in the male, the secondaries marbled beneath with lichen
green. ‘The specializations of the neuration run parallel with the
Pieris branch; in one line the second radial branch remains in the
original position, in the other it travels up the vein as it does in
Trifurcula. The cells are closed; the transparent veins seldom
degenerate. Humeral spur of secondaries turned toward base of
wing or abbreviate and straight, except in Poniia.

Gen. Pontia Fabr., 1807.
Type: P. daplidice.

Pontia daplidice. Proc. AM. PHIL. Soc., xxxvii, Pl. i, Figs
(neuration).

A specialized form, with three-branched radius. I have discussed
(2. ¢., 35) what I believe has been hitherto overlooked, the fact that
this butterfly possibly belongs to the present series, and that its
resemblance to Pzer?s (than whichit is more specialized) is mainly
due to convergence. ‘Thesecond radial arises before the cross-vein,
hence it would represent a culmination of the direct line from
Luchloe. ‘The humeral spur of secondaries turns outwardly as in
Pieris, and this feature may ultimately prove me to be wrong.

With regard to the use of this generic title, Mr. Scudder says:
‘‘Curtis, Brit. Hnt., Pl. 48, designates (in 1824) daplidice as the

a

1900.] GROTE—THE DESCENT OF THE PIERIDS. 39

type, which must stand, although seldom used in this manner.’’
(Hist. Sketch, 255.)

Gen. Zetracharis Grote, 1898.
dype.) Boycethura Keld: sp:

Tetracharis cethura. Proc. Am. Pui. Soc., xxxvii, Pl. 1, Fig. 2
(neuration),

Radius four-branched ; second radial branch arising before the
cross-vein, although removed outwardly close to it. As this vein
is shifting, it may be that this genus belongs on the other line as an
antecedent, more generalized form to AZzdea. It is thus not an ideal
link between Zuchloe and Pontia, but it comes near to being one.

Gen. ELuchloe Hiibn., 1816.

Type: E. cardamines.

Liuchloe cardamines. Mitt. a. dad. Roemer Mus., 8 Taf. ii, Fig. 9
(neuration).

Radius five-branched ; second radial in original position. This
is the generalized form of the group, with the second radial
branch not removed outwardly toward the cross-vein. Hence it may
represent an ancestral form of Ponta daplidice, with Tetracharis as
possibly marking an intermediate four-branched stage.

Euchloe stella.

Radius five-branched ; second radial in original position. As
compared with cardamines it agrees in essentials. It differs in that
the fork 4 is a little shorter and that there is a trace of a back-
ward spur on the short and here not oblique cross-vein between
M2 and radius. Else I can find no difference and conclude the
forms to be congeneric.

We now come to the lateral line, in which the second radial has
shifted to the Z7zfurcu/a position, opposite the cross-vein and then
beyond it. I reverse here the order and commence with the most
generalized form, comparable with Zuchloe.

Before going further I wish to say a word upon the humeral spur
(precostal spur) of secondaries or its remnant. ‘The truncated hu-
meral spur rises oftenest at right angles. It is then not always easy
to say which way it tends, yet it shows an inclination to curve
either way in special cases. Whether we can lay astrong deter-
minative value on the directions we now perceive is to me doubtful.

40 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

In PROCEEDINGS OF THE AMERICAN PHILOSOPHICAL SOCIETY, Janu-
ary, 1899, I have suggested that the humeral spur is homologous
with the shoulder veins of the Lachneidee.

Gen. Anthocharis Boisd., 1836.
Type: A. belemia.
Anthocharts belemia.

-

Radius five-branched ; second radial arising opposite cross-vein
in the Z7rifurcula position. #4 a short furcation. J/1 from
radius about one-third the distance from cross-vein to external mar-
gin. Humeral spur of hind wings continuous, pointed, turned to
base of wing. Apices of primaries hardly produced and costa but
slightly produced; external margin straight; anal angle of secon-
daries determinate. This genus is an advance on the Huch/oe type
by the attainment of the cross-vein by #2.

Anthocharis belia.

Quite similar to de/emia; R2 has progressed a little beyond
cross-vein, hence more specialized than éde/eméa. Shape of wing
the same.

Anthocharis ausonides. Proc. AM. PuiL. Soc., xxxvii, Pl. i. Fig.
4 (neuration).

Quite similar to dea, again R2 seems a trifle advanced; 4
still shorter, so that this form is the more specialized of the three.
Shape of wing identical.

Gen. Zegris Rambur, 1836.

Type: 2. eupheme:
Zegris eupheme.

Radius five-branched ; second radial well removed to beyond
cross-vein, thus abandoning and passing beyond the 7Z7</urcula
position, which is assumed by Anthocharis. 1 takes up nearly
the original position of #2. The apical portion of the wing is
produced, and here the branches #3, A4, 5 with J/r are brought
together ; J/1 having ascended the radius for nearly half the dis-
tance between cross-vein and apices. The costa is strongly de-
pressed ; external margin even; anal angle of secondaries more
softened than usual.

In the position of #2 this genus is more specialized than Axtho-
charis or Trifurcula, but it falls behind the latter in which the

1900.] GROTE-—THE DESCENT OF THE PIERIDS. 41

radius is only four branched. I have elsewhere discussed the re-
semblance between 772furcu/a and the present line.

Gen. Midea H.-S., 1867.

Type: M. genutia.
Midea genutia.

Radius four-branched, hence more specialized than Anthccharts-
Zegris, and with the second radial removed outwardly to very
slightly beyond cross-vein, thus belonging to this series. Costa not
depressed ; apices acuminate between J/1 and J/2; external mar-
gin retired, sinuate; anal angle of secondaries hardly as prominent
as in Anthocharis. Mx ascends radius for a little more than one-
third of the distance from cross-vein to external margin.

This genus differs from the equaily four-branched Zetracharis in
the passing of the cross-vein by #2 as well as in the peculiar
shaped primaries. I cannot admit the validity of the rule under
which Mr. Scudder rejects this generic name. It is a limitation of
the law of priority which is not recognized by all zodlogists, and is,
I think, in itself indefensible.

I regret not to have had more species belonging to this group for
examination. The series as arranged by me is not, as I have said,
ideally perfect. It must be remembered that an existing type rep-
resents in some main feature a stage, standing between two others,
which the higher genus has passed through and the lower com-
mences to exhibit. After the type has been assumed, it will have
further differentiated not only in the same direction, but, owing to
the inequality of the specializations, in other directions which bring
it out of focus. And the parent type has itself changed in the same
way ; perhaps we can even no longer recognize it as such, perhaps
it has dropped away forever.

We now can turn to the generalized type of this series of ‘‘ an-
gled Whites,’’ one which may stand for the parent of the two lines
I have indicated and from the ancestors of which they may possibly
have been thrown off. That we have to go to Chili for this type
may possibly seem strange, and it may be there is a progenitor or
its representative nearer home which I have not discovered, but the
question of distribution is so far-reaching and so little is safely
known as to its action and causes that I cannot here enter at all
upon it. I must take the types where I find them.

42 GROTE—THE DESCENT OF THE PIERIDS. |Jan. 5.

Gen. Lroessa Doubleday, 1847.

Type: E. chilensis.
Eroessa chilensis.

Radius five-branched ; second radial in original position above
the cell. The first median branchlet has not ascended the radius,
but is thrown off from the discal cross-vein. Hence this form is
more generalized than all the preceding. It represents quite
surely an ancestral form of Huchloe, in which latter 4/71 ascends
radius. Cells closed; second anal of fore wings sinuate ; fork
present. Humeral spur of hind wings abbreviate. Outer margin
of wings uneven, slightly scalloped. ‘The plan of neuration accords
with the Anthocharid type. On the whole this is one of the most
generalized Pierids I have met with.

In this group the humeral spur of secondaries is shortened and
straight in all the forms examined except Anthocharis belemia and
A. ansonides, in which it appears as if curved backwards to base of
wing, and Pontia daplidice, in which it appears curved in the re-
verse direction, toward the apex of the wing, and this is the direc-
tion of Preris, Delias, etc. ‘This makes my reference of Ponta to
this series doubtful. In any event, dapiidice is the type of a dis-
tinct and more specialized genus than Pzerzs. It must be confessed
that it is hardly possible to separate it neurationally from the J/Zan-
cipium three-branched type. Alone the contour of the wing is An-
thocharid ; there is a slight sexual difference in the primaries, the
male wing seeming a little narrower and the anal angle of hind
wings is more determinate than in Pzerzs. |The ornamentation is
Anthocharid. I leave /Pontia here to draw attention to it. It
would, indeed, make the group here discussed more homogeneous
were we to transfer Pontia to the typical Pierid series; the types
would be more ofa size. Again, in Pula, the costal vein of hind
wings is turned to base of wing, the Anthocharid direction, while
in Zrifurcu/a it is truncate or abbreviate, straight, as it is in many
Anthocharids. In both genera the shape of the wings and orna-
mentation are Pierid rather than Anthocharid, but this is more
clearly the case with Phudra.

The ‘* Yellows.”’

There are apparently two lines, as indicated by me in Proc.
Am. Putt. Soc., January 1898, p. 38. In the non-typical line the
wings are proportionately wide and frail, with less accentuated

1900. ] GROTE—THE DESCENT OF THE PIERIDS. 43

angles, which, in a branch of the typical line, become unusually
prominent, more so than in the angled Whites. No characters
have been found to separate these lines, which possibly interlace.
The antennz seem relatively shorter, the thorax more pilose and
the body stouter in the typical line, but these distinctions are rela-
tive and cannot be controlled.

Non-typical Yellows.
(Euremini.)
Gen. Wathalis Boisduval, 1836.
Types Ne role.

Nathalis tole. Grote, Proc. AM. Pui. Soc., xxxvii, Pl. i, Fig. 5
(neuration).

Wings entire; radius three-branched; 1 in original position ;
Fz advanced outwardly to extremely near cress-vein, hence the
Trifurcula position is practically assumed. Discal cells on both
wings broadening outwardly; J/1 ascending radius outside of
discal cell for a space a little less than one-third of the distance to
external margin. On fore wings J/2 is nearly central, on hind
wings radial. A trace of fork to second anal on primaries. On
secondaries the humeral spur has vanished, leaving the outer edge of
the vein simply a little uneven or jagged. This is the most ad-
vanced form and a specialization of Hurema. In my figure, other-
wise quite exact, the slightly jagged edge to subcostal is not, it
hardly can be, rendered.

Gen. Eurema Hiibner, 1816.

Type: E. delia.
Eurema delta.

Wings entire; radius four-branched ; “1 in original position ;
2 advanced, but much further from cross-vein than in Vathalts ;
R3 a rather long furcation out of R4 + 5. Af ascending
radius but not so far as in Vathalis; M2 nearly central on both
wings. On secondaries the humeral spur has vanished leaving the
vein apparently a trifle more jagged than in WVafhalis. The cross-
vein joins J/rt on hind wings, whereas in /Va/¢ha/zs it nearly meets,
as On primaries, the radius.

If anything were needed to prove the reality of the successional
movements in specialization of the veins on the butterfly’s wing, as

44 GROTE—THE DESCENT OF THE PIERIDS. (Jan. 5,

brought out in my writings, a comparison of these two types would
remove it. Eurema represents a stage which MVaz¢hais has aban-
doned in all the above particulars.

Gen. Zerias Swainson, 1820.
Type: T. hecabe.

Terias hecabe. Grote, Proc. Am. Putt. Soc., Vol. xxxvil, Pl. 1,
Fig. 6 (neuration).

The wings are more ample, longer than in Awrema, but the
neuration agrees so closely that I cannot precise any differences. -
It has seemed to me, by infinitesimal points, as less specialized ;
but it marks no new phase in the movements of the veins. The
genus appears of very doubtful necessity and can be omitted from
a table.

Gen. Xanthidia Boisduval, 1829.
Type: X. nicippe.
Xanthidia nicippe.

But if the necessity of Zeréas is doubtful, there seems too little
for the retention of the present type, which agrees in the more
ample wings with Zervzas. All the positions of the veins are main-
tained. I find only a slight variation in the discal cross-veins ; on
the hind wings of Xanthidia the latter run more obliquely outward
superiorly, more continuously with d/2; on the fore wings, the
inward bulging is slightly less pronounced. It seems a good deal
like trifling to consider this a distinct genus and I can make no use
of it. See Mr. Scudder’s remark, /. c., p. 288. Ihave been unable
to secure a specimen of Ades cebrene for comparison.

Gen. Sphenogona Butler, 1870.

Type: S. bogotana.
Sphenogona mexicana.

I have neither dogotana, which Mr. Kirby considers type, nor
ectriva, so given by Mr. Scudder. Mr. Kirby writes that dogofana
- quite agrees with my species and I can readily believe it. The
neuration is practically identical with that of Hurema or Tertas ;
again the cross-vein of secondaries is a little less bulging, straighter.
The only distinction upon which to found the use of a separate
name, is that the hind wings are produced or angulate on external

1900. | GROTE—THE DESCENT OF THE PIERIDS. 49

margin, on the interspace just below Cr. Color and pattern are
not distinctive, but virtually agree in all these forms.

The preceding types are all, except JVashalis, too closely allied
to be generic, and they all agree in one important point, the reduc-
tion of the humeral spur. The marks of a former presence of the spur
are to be seen on the shoulder of the subcostal vein, slight, jagged
protuberances. These areso obscure and so similar in all the cases,
that it is hardly possible to draw any distinction, and my impres-
sion, that they are less noticeable in (Va¢halis, may be after all in-
correct. But it is of no obvious importance; the main fact being
that the spur has vanished in all these types. That Avrema, Terias,
Xanthidia and Sphenogona should agree in this is not extraordinary,
since the neuration is otherwise so similar in all these forms, that
their generic separation seems quite unnecessary. Nor are there
any other characters, so far as I am able to see, which would
authorize us to consider them as types of different genera, and only in
Sphenogona have we the angulation of external margin of sec-
‘ondaries to sustain a separate title. But that /Va¢ha/s should not
differ, leads to the inference that the reduction of the radial
branches may have happened after the loss of the humeral spur.
The disappearance of the branchlet suddenly, however, is contra-
dicted by the mass of instances in which the evidence is clear, that
the absorption takes place slowly. The stages of progression of
the branches along the radius are constantly marked in a variety of
forms, in which we find them but slightly differing in relative posi-
tion. And when £2 finally leaves its original place above the
cell, where Ar remains, the inference is plainly that it gradually
moves along toward the tip of the wing. We see it in fact ad-
vancing by consecutive stages to the cross-vein, there assuming the
Trifurcula position, and then, traveling still onward, gradually
approaching the apices of the primaries. All this shifting, which
we can now follow, by studying the different stages in different
types, must be assumed to reflect the action which has formerly ex-
hausted itself on the radius of secondaries, and of which only
fragmentary direct evidence remains in the five-branched radius of
fTepialus, the Micropterygides, and a late stage of reduction in
Crinopteryx famitiella. After all admissions, that in certain cases
the present reduction on the primaries may be relatively rapid, the
very multiplicity of the existing stages is evidence that in general
it is being slowly accomplished. The movement has been going on

46 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 9,

since butterflies were butterflies, whose story is forever in the changes
of their wings.

The following two genera represent generalized types as compared
with the preceding, #2 being in original position.

Gen. /xzas Hiibner, 1816.
Type: I. pyrene.
Ixias pyrene,

Radius four-branched; Ar and 2 arising above cell; 73 a
moderate fork out of R4 + 5. Discal cell closed. d/1 ascending
radius for a short distance beyond cross-vein; 4/2 radial. Second ©
anal sinuate with a strong fork at base. Hind wings with humeral
spur pointed, turned to apex of wing; lower portion of discal cross-
vein weaker, joining J72, which appears continuous.

More specialized than the allied /dmazs and Teracolus by Mx
being further removed from cross-vein out of radius. The genus
may not be correctly placed, but would fall in here from the stage
of specialization.

Gen. Zronia Hiibner, 1822.
Type: E. cleodora.
Erontia cleodora.

Radius five-branched; Ar and 2 in original position above
cell; 3, 4 and 5 near together before apices. Discal cell closed ;
Mi not ascending radius, but leaving at upper angle of cell. Hind
wings with humeral spur pointed, turning to apex of wing; discal
cross-vein joining JZ2.

I have little doubt that this generalized type with five-branched
radius represents an ancestral phase of Awrema and allies.

Typical ‘‘ Yellows.”’
(Eurymini. )

As formerly pointed out by me, there seem to be two terminal
lines, which appear to fuse and are probably also connected with
the Euremini.

Gen. Eurymus Swainson, 1829.
Type: E. hyale.
Eurymus hyale. Mitt. a. a&. Roem. Mus., 8, Taf. ii, Fig. 7 (neu-
ration).

Radius four-branched ; 2 has abandoned its original position

and advanced along radius to considerably beyond cross-vein.

1900.] GROTE—THE DESCENT OF THE PIERIDS. AT

Discal cell closed ; J4/1 has ascended radius for nearly a third of
the distance between cross-vein and external margin; J/2 strongly
radial. On hind wings the humeral spur has entirely vanished and
seems to have left no traces; J/2 from cross-vein.

This is a specialized form from the above characters. Its ally,
£. edusa, is figured PRoc. AMER. PHILOS. Soc., xxxvii, Pl. ii, Fig.
8, and the neuration discussed. This genus is known in literature
as Colas ; I follow Mr. Scudder in retaining Co/as for the type C.
rhamnt.

Gen. Zerene Hiibner, 1816.

Type: Z. czsonia.

= Meganostoma Reakirt, 1863.

Zerene cesonia. PRoc. AMER. PHILOs. Soc., xxxvii, Pi. ii, Fig. 9
(neuration).

This type can be used as representing a close antecedent stage of
Eurymus, one through which #wrymus has passed. The dog’s
head pattern is then a generalization of the pattern of EHurymus,
and this would be borne out by /d@mazs, in which it is yet more
developed and which represents a still earlier phase of these two
genera. The second radial branch stops at the cross-vein in Zerene,
assuming the 77ifurcula position. On hind wings a fragment of
the humeral spur remains, the tip being worn away.

I formerly referred Zerene as = Colas Auct. nec Fab., which
seems to have been indeed Hiibner’s intention, who, however, also
included this type (ce@sonta). Mr. Scudder has corrected me (His-
torical Sketch, 213).

The preceding types show f2 ina state of flux. In the follow-
ing it retains its original position above the cell and the types are
accordingly more generalized. I have my doubts whether a linear
succession here displays their true affinities, but they are at least
correctly placed with regard to the degree of specialization of the
wings.

Gen. Zeracolus Swainson, 1832.
Type: T. subfasciatus.

Teracolus subfasciatus.

Primaries with sharp apices ; radius four-branched ; Ar and R2
in original position above cell; #3 a moderate furcation out of
#4-++ 5 to tip of wing. Discal cell closed ; Mz out of radius just

48 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

beyond upper angle of the cell. Second anal with distinct fork at
base. Hind wings with humeral spur pointed, turning toward
apices.

This genus is generalized by the fact that 4/1 has not ascended
radius for any distance beyond cross-vein, and that /2 is in origi-
nal position. It agrees in these characters with the following. It
is peculiar by the sharp apices. On both wings the discal cross-
vein between 472 and JZ3 is somewhat weakened and J/2 appears
continuous in consequence. I can see no indication that the genus
is Anthocharid, as assumed by Reuter.

Gen. /dmais Boisduval, 1836.

Type: I. chrysonome.
Ldmais vesta.

I have been unable to obtain the type. The present species
shows a form quite agreeing with Zeraco/us, differing only that the
lower part of the cross-vein on secondaries joins the point where
Mi and J/2 furcate; this position of the cross-vein in Zeraco-
Jus joins M2 beyond the furcation. Hind wings with humeral
spur as in Zeracolus. Both these genera are more generalized than
Leurymus (Colias) by the well-developed humeral spur, the second
radial not advanced, J4/1 not ascending radius. They may thus
be regarded as ancestral types of Hurymus.

This genus may be regarded as more specialized than Zeracolus;
on account of the disposition of the discal cross-vein.

We may now turn to the line in which the wings are angulated
and of an unusual, somewhat leaflike shape, in which the agency of
mimicry has been suspected.

Gen. Colas Fabricius, 1807.
Type: C. rhamni.

Colias rhamni. Mitt. a. d. Roem. Mus., 8, Taf. ii, Fig. 8 (neura-
tion).

The costal region above the cell is wider than usual and the sub-
costal and radial branches are somewhat bent upwards to sustain it.
Radius four-branched ; Ar and 2 apparently in original posi-
tion above the cell, a little further apart than usual. 7/1 ascends
radius for but a brief space; 4/2 radial. Second anal with a

strong fork at base. Hind wings with humeral spur vanished ; dis-

1900. ] GROTE—THE DESCENT OF THE PIERIDS. 49

cal cross-vein medially degenerate, joining J/2 immediately be-
yond the furcation of J/2 with 473. This species, with sickle-
shaped outer margin of primaries and pointed apices between
#4 -+ 5 and J/1, with also angulate secondaries at Cr, is more
specialized than Rhodocera, and lags behind Amynthia in the
position of #2. Since I use the type for comparison I describe
it first; on the whole it seems the more specialized genus.

The generic terms Gonepteryx Leach, 1815, and Aarina Speyer,
1839, are considered by Mr. Scudder as synonymous with Colas
Fab., nec Auct., as also Gonoptera Dalman, in Billberg, 1820.

Gen. Amynthia Swainson, 1832.

Type: A. merula.
Amynthia merula.

This type shows a stage in which 2 has progressed further
along radius than in Cofas, stopping but little before cross-vein.
On the other hand there are jagged points showing the trace of the
humeral spur, which I do not see in Coéas, and the position of 472
on secondaries is more central from cross-vein and more gener-
alized, being as-in Rhodocera. The specializations are, as I have
constantly stated, unequal. The apices of fore wings are less sharp
in Amnuythia, which, aside from the movement of #2, is more
generalized than Codzas.

Gen. Rhodocera Boisduval, 1829.

Type: R. menippe.
Rhodocera menippe.

This form differs from the preceding in the absence of angula-
tion to hind wings and the blunt primaries, with external margin,
but little depressed. It is the more primitive of the three forms,
agreeing with Amynthia in the position of 472 and approaching
Colias in the position of Az. It is more generalized than either
in the fact that the base of the humeral spur still remains. This
large butterfly represents a stage which both Colas and Amynthia
have, in varying degrees, abandoned.

We will now take up an angulate type, which is more specialized
than Rhodocera, which it resembles in shape of primaries, and in-
termediate between Cofas and Amynthia in position of 72.

PROC. AMER. PHILOS. SOC. XxxIX. 161. D. PRINTED MARCH 24, 1900.

50 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

Gen. Dercas Boisduval, 1847.
Type: D. verhuellii.
Dercas verhueltit.

Primaries blunt, external margin uneven ; not depressed ; sec-
ondaries angulated just beyond 473. ‘Texture of the wings frail
as compared with Co/as and allies. Radius four-branched; 2
has advanced to almost exactly opposite cross-vein, thus the 7Z77-
furcular position is very nearly assumed. Else the venation is
much as in Amynthia, M2 a little more radial. Hind wings, with
humeral spur developed, but feeble, pointed, curving a little to
base of wing.

This form has evidently the same parentage as the preceding,
but represents a slightly differing type of wing.

We now arrive at three types, which are really too close to be of
much interest to the classification, and which stand in the relation
of ancestral forms to the foregoing modified types with angulate,
leaf-shaped wings. I take the genera in the order of priority.

Gen. Catopsitia Hiibner, 1816.

Type: C. crocale:
Catopsilia crocale.

Wings entire; radius four-branched ; #2 advanced almost to
Opposite cross-vein, not quite so near as in Dercas. Discal cell
closed ; J/1 from radius, about as far advanced along the vein as
in preceding genera; d/2 from cross-vein, radial, nearly in the
position of preceding genera. Second anal with fork at base. The
humeral spur is present as a basal fragment.

This series shows the progression of J/1 up the radius, in Catop-
stdia the most advanced. The genera on the whole lag behind the
preceding, not only in the non-angulate, normally shaped wings,
but as affording evidence that the Co/vas types have sprung from
such forms in the retarded characters of the venation.

Gen. Phedbis Hiibner, 1816.
Type: P. argante.
Phebis argante.
As compared with Cafopsilia the ascent of J/1 up the radius is
retarded ; the fork of R3 with R4-+ 5 is somewhat longer, all
characters of comparative generalization. In fact these three types

1900.] GROTE—THE DESCENT OF THE PIERIDS. 51

only represent unequal stages in the normal course of specialization,
preserving an identity of general character which renders the idea
of different genera difficult. It must be also borne in mind that all
the species have not been compared, and the chances seem to be
that among a number of forms agreeing so well externally, similar
characters to those here used will occur, still further increasing the
number of genera.

In the comparative length of the fork #3 with #4 + 5 the genus
Catopsilia is the more specialized.

Gen. Callidryas Boisduval and Le Conte, 1829.
Type: C. eubule:

Callidryas eubule. Proc. Am. Pui. Soc., Vol. xxxvii, Pl. ii, Fig.
Io (neuration).

Rz has strayed still further from cross-vein than in the two pre-
ceding types. The fork of 3 with R4-+ 5 is much as in
Phebis ; on the other hand 4/1 has progressed further up the vein,
intermediate in position between Cafopsilia and Phebis. Perhaps
this type is really intermediate, although the .view that it is the
more generalized is tenable. The base of the humeral spur is
developed as in Pheéis, which latter may more nearly represent the
type from which the others and the whole Eurymini have sprung.

We now come to what appears to be a lateral specialization of
Catopsiliia or Phedis.

Gen. Parura Kirby, 1896.
Type: P. cipris Fab. nec Cramer.

—= Metura Butler, 1873, preoccupied.
Parura cipris.

Differs from the types included under Casopsitia by the hind
wings being strongly produced at anal angle. The condition of the
shifting branches nearly reproduces the condition of Phadis. The
humeral spur is incomplete.

I have now exhausted my material of the types of genera in the
Pierids. It has been sufficiently extensive, I hope, to have allowed
me to sketch the group and to lay down for the first time some safe
conclusions upon the neuration. That more remains to be done I
am fully aware, nor do I insist upon minor points, liable to be
modified from greater material. I have wished mainly to supply a
neurational basis for the generic types examined and as a general rule

OZ GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

have abstained from interfering in the question of the necessity
for generic titles.

MOVEMENT OF THE VEINS IN THE WINGS OF THE PIERIDIDA.

The movable veins of the primary wing are the branchlets of the
radius and media. The generalized type has five branchlets to the
radius, two arising above the discal cell, the remainder beyond the
cross-vein. ‘The diminution by specialization of the branchlets is
effected by their outward movement, and they appear to pass off by
the external margin of the wing. It is especially the movement of
the second radial branchlet which gives rise to interesting combi-
nations. Sometimes the outer branchlets disappear, leaving a
single vein, and the second radial remains still in position, as in
Pontia. Again the second radial commences its travels along the
upper side of the vein, stopping at various points along the route,
before the terminal branchlets have been disposed of, as in Aztho-
charis. Arrived at the point opposite the cross-vein, it gives the
Trifurcula position, as I have called it in this paper, in which the
second radial, then the main vein of the radius from which it
ascends, and finally the cross-vein, running in an opposed down-
ward direction, meeting, give the appearance of a trident. This
position of R2 is not confined to 772furcula ; it always recurs and
must recur in the progress of the second radial branchlet along the
vein, and in fact is exhibited now by a number of genera. Also in
genera, like Piccarda, Delias, Perrhybris, in which the second
radial has long passed the cross-vein by, the ancestors must have
exhibited the Z7zfurcu/a position at some time in their history,
when their second radial branchlet attained this point, and for the
moment retained it. In the Pieridide the first radial always keeps
its position above the cell.

The generalized type, so far as the media is concerned, has the
three branchlets all springing from the cross-vein, the second
medial having a central position. This is soon abandoned in spe-
cialization and the branchlet approaches the radius, while the cross-
vein, in the widening space between J/2 and 473, become some-
what worn, the first sign of the ultimate breaking up of the median
system through the opening of the discal cell. In the meantime the
first median branchlet leaves the cross-vein and ascends the radius
on its lower side. Only in such extreme cases of specialization as

1900. ] GROTE—THE DESCENT OF THE PIERIDS. 58

Phulia and Pseudopontia does the second median branchlet follow
this example. Meanwhile the third median attaches itself to the
cubital system. In the Pieridide, the movement, by which the
median system seeks its extirpation, is arrested at this point; the
cell never completely opening, although often degenerate, between
M2 and M3, as in certain WMymphaline, in which, per contra, the
upper two branchlets of the media never leave the cross-vein,
crowding themselves into the upper corner, but refusing to ascend
the radius. This is the general attitude of the brush-footed butter-
flies. The opening of the cell, wherever this happens by the disap-
pearance of the cross-vein centrally, is the signal that the median
system has finally departed ; the radial and cubital systems of the
wing inheriting its last possessions, the three terminal branchlets
which they divide between them and subsequently have to feed. The
base of the media had departed long ago ; the veins running from
the cross-vein to the root of the wing are now only found in the
Tineides, although scars along the tegument of the cell and little
backward jutting spurs on the cross-vein tell of their former exist-
ence in the Pierids as well. The movements of the veins belonging
to the two systems are unequal.

The hind wings seem to show little movement of the veins; they
have performed an antecedent work in the simplification of the
radius, which shows asa single vein. The first radial branch has
seemingly gone to make up the humeral cell, but in the Pierids, the
humeral cell has itself become absorbed and all traces of the forking
of the radius at base have vanished. I therefore notate the radius
by a simple ,; theoretically it should stand R2 + 3+ 4+ 5,
while the subcostal vein should stand Sc. + A1, marking where
the radial branchlets have respectively disappeared to. The hind
wings of the Nymphalids show a greater movement of the veins
than those of the Pierids ; in the brush-footed butterflies the disin-
tegration of the median series seems here to find its impulse and the
specialization of the hind wings is in a constant state of advance.
This is seen by the opening of the cell on the secondaries of
Araschnia, Melitea, etc., while the cell on primaries remains still
more or less perfectly closed. Evolution is more active with the
fore wings of the Pierids, with the hind wings of the Nymphalids ;
in which latter the bunching of the median nervules at the upper

corner of the cell seems to meet the requirements of their mode of
flight.

54 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

VALUE OF GENERIC CHARACTERS.

This study of the wings of the Pierids will, I think, demonstrate
that there exists no standard by which we can decide what consti-
tutes or how much character should underlie the idea of a genus.
The difference between the genus and species idea is quantitative
merely. The conception of a genus as an independent entity, as in
itself a thing closed and with real outlines and bounds, which it only
requires a trained understanding to recognize, is seen to be illusory.
The apparent limits of the genera are due, like those of the species,
to gaps in the record. When these gaps are slight the lumpers
ignore them, forgetting that the main business of entomology is to
exhibit differences, not to lay stress on resemblances. The needless
erection of genera should, indeed, be avoided, no less than the
overlooking of distinctive characters. But what is here ‘‘ need-
less ?’’ One can only illustrate what one subjectively considers
needless by examples. The generic term Xanthidia seems to me
quite unnecessary. On the other hand, I would retain the Antho-
charid genera, although superficially much alike, because they empha-
size certain stages in the specialization of the radius, which we are
obliged to notice and discuss. Zefracharis, for instance, repre-
sents a four-branched type in which #2 has not yet attained the
Trifurcula position ; as such it is as much entitled to a generic
name as another form not yet recognized as a member of a chain in
which the links are so continuous. Everywhere, however, the
links exist or have existed. It is not only that it is improbable that
Nature has here progressed by jumps, but we cannot draw the line
anywhere with exactness between such jumps as shall, and such as
shall zof be entitled to generic recognition. It becomes thus a sub-
jective question, to be settled by each observer, accordingly as he is
soberly or extravagantly inclined in either direction, as to making
many or making few genera. I myself tend in the direction of
making many, for fear of passing over characters of structure and to
avoid packing away distinct types of succession in onecategory. It
becomes, finally, clearer, that many more kinds of butterflies have
perished than are now to be seen; the tertiary and quaternary
faunze seem specifically different.

Certain of the characters of neuration here recognized as of
generic value, so far as regards the movable veins or branchlets, are
apt to appear as characters of variation within the limits of the same
species of butterfly, although I have not noticed any variation of

1900. ] GROTE—THE DESCENT OF THE PIERIDS. BD)

the kind in the Pierids. In the Parnassiide I have recorded an
individual variation in the position of R2 and J/1 on the fore
wings of Zerynthia. ‘The fact that these variations take the normal
direction, seems to denote, that they are shown by anticipation
(specialization) by a part of the mass ofindividuals before becoming
fixed for the species asa whole. I have found no sexual characters
in the neuration; these appear to be limited to the outline of the
wings. Inthe male, ¢. g., Zachyris, the primaries are in special
cases narrowed and more pointed at the tips; in Drsmorphia there
is added to this narrowness in the primaries a compensatory greater
breadth in the secondary wings. The female wing has been pre-
ferred for study, since this sex seems the more conservative. I
have, however, found no positive proof of this in the neuration, so
far as the limited number of specimens studied will allow me to see.
The neuration affords no assistance to the theory that the color and
pattern of the female is influenced by atavism. In fact, I have not
succeeded in showing that the color and veining move together at all
closely, and have accordingly omitted almost everything not related
to structure and shape of the wings. As with the Papilionides, how-
ever, a white color, while persistent throughout a line, seems to
be at least a secondary, not a primary color. The male, e. g.,
Perrhybris, Prioneris, Phrissura, Huphina, is apt to whiten, to
become paler.

But in Zxantia melite and in Colias rhamni the male is of a much
deeper color, more yellow than the female, while the most special-
ized and the most generalized forms alike show pale colors in the
Pieridide. In size the butterflies seem to tend to becoming
smaller, as seen in such specialized forms as Phu/ia and Wathalts.

The total impression we derive of the neuration is one of con-
tinuity. The forms lead from one to another with unequal gaps
between the genera, hence the generic characters are unequal also.
The changes in the position of the veins are no doubt mechanically
caused by the strain of the organism against its media. The dis-
parities are accentuated for the moment, related to those interfer-
ences in the world process which are the ultimate cause of all
diversity in nature.

GENEALOGICAL TREES AND TABLES.

In proportion as an intelligible system underlies the drawing up
of genealogical trees and tables of genera are they of use and

56 GROTE-—THE DESCENT OF THE PIERIDS. (Jan. 5,
value. As I once said of the subgenera of Afpate/a, they serve to
light up the subject from within. There exist genealogical twigs
scattered up and down in literature which seem to me to have been
drawn at haphazard, so little or no explanation is vouchsafed, and,
on examination, so little system is displayed. But from Mr. Scud-
der’s dangerous-looking cluster of spikes to the peaceful gulf stream
of names which flows over Mr. Reuter’s double page, the lines can
be followed with the help of a pin, and one feels that the opportu-
nity is offered for pleasantly acquiring exclusive information. It
is, however, when I survey Sir George Hampson’s phylogeny of
the Syntomide, that the magnitude of the task before me, in pre-
paring a similar table of the Pierid genera, becomes appalling. There
are sO many, many, a perfect trellis work of names, all bound
together by short and sharp lines of descent and affinity. There
are no doubts, no uncertainties ; each title finds its exact place, as.
in a Chinese puzzle, which, if it were to fall apart, who could put
together again? And when I look up the couple of names I have
contributed to this ordered espalier, I am obliged to confess that
never, never would I have been able to get them into their present
situation. And there is no key to the puzzle, no showing how itis
done. Why are Metarctia, Pseudapiconoma, Zethes, so placed ?
Why is Hyaleucerea at the bottom and Uro/asia at the top? Why
all the names between them? Why? Why? ‘‘ Pourguoy, my
dear knight ?’’ As inthe play, the question may be impatiently
answered by another—‘‘ Do, or not do?’’ The idea of a genea-
logical tree being given, the lines must be drawn in every case, to
give an idea of completeness, of mastery of the subject, and this
seems rather to be Mr. Meyrick’s conception and definition of
Darwinism.

And yet these relationships, to be symbolized by these equal
lines, are always unequally expressed and often in nature very ob-
scurely indicated. The leading structural peculiarity of a large
group once seized, it is not difficult to detect this distinguishing
feature when it occurs in a second, otherwise differing group,
to infer thereupon the phyletic connection, assign the respective
grade of specialization and conclude by uniting the collective names
by aline ina diagram. With genera, when numerous, the ques-
tion becomes one of greater detail, the interrelations grow compli-
cated; so that, if one insists upon drawing up a complete table and
connecting all the names, the temptation in certain places to cut a
Gordian knot by tying one becomes correspondingly frequent.

1900.] GROTE—THE DESCENT OF THE PIERIDS. 5F

Despite, then, the preconception of authors, that their papers on
their subject are final, yet it is seen that they are not so, and this
from the complexity of the matter and the inability of the writer to
look all around it. It was Dr. Johnson who said that the first care
of the builder of a new system is to demolish the fabrics which are
standing. Iam afraid this may be repeated of some of our work on
the Lepidoptera, and that this demolition is notalways necessary. I
should be sorry, however, to apply here the Doctor’s further opin-
ion that thus the human mind is kept in motion without progress.
At the end of the last century there seems to me to be a clear resi-
due of advance. The truth of evolution conceded, the great fact
that the biological is part of the geological process admitted, it
might seem superfluous to attempt to gauge the flight of butterflies,
were they not fellow-passengers across the scene, and could we not
detect in their fate the shadow of our own. No witness can be
thought unnecessary whose testimony, even if silent, bears on the
problem of life. Undoubtedly in this way our interest in the con-
tents of Natural History Museums increases the more we consider
them in relation to ourselves. Indeed, this is the deeper reason for
the existence of all collections.

To return to our tables of genera: it is but too certain I can
offer no such complete scheme of the Pierids as Sir George Hamp-
son has given us of the Syntomids. Setting aside the incomplete-
ness of my material, I do not know if Pontia, for instance, is
surely an Anthocharid, or belongs to the typical line of Prerts. I
do not even know if there is anybody who could tell me, so con-
tradictory appears the evidence, and there are a number of ques-
tions, perhaps less crucial and more easily satisfactorily solved, as to
which I am in doubt, and to resolve my doubts by drawing firm
lines on a plan I am incapable. Bya hundred points do these frail
insects impinge on their surroundings and fade away into space.
All that I can try to do is to see that the names along a horizontal
line represent forms conforming, barring immeasurable inequali-
ties, to a certain approximate grade of specialization, while those,
in the same vertical line, succeed one another in the expression of
one of the movements which I have elsewhere shown to occur in the
position and number of the veins of the wing. Thus the succes-
sion represents ideally the probable or possible sequence in time
and space. I use generic names only in connection with the struc-
ture of the type.

58 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

THE DIPHYLETISM OF THE DIURNALS.

From unpublished photographs sent me by Prof. Comstock it
appears that on primaries a bifurcate third anal vein is present in
the pupa of Pzeris, of which no trace is seen in the imago, unless
we consider the thin piece, anastomosing with second anal at base,
asarelic. If the homology of the free third anal vein of the imago
of the Papilionides, with this thin piece (sometimes a mere scar,
again wanting) joined outwardly to second anal of the imago of the
Hesperiades, be denied, the definition given by me (Proc. AMER.
PHIL. Soc., xxxviii, 43) may be accepted. If, on the contrary, the
homology be asserted, then the wording may be altered as follows :

A. Butterflies having a short third anal vein on primaries, run-
ning downwardly free from base of wing to internal margin ;
on secondaries only one anal vein. . . . . .. PAPILIONIDES.

#&. Butterflies having a short third anal vein on primaries, join-
ing outwardly the second anal vein (this fork sometimes want-
ing by reduction and always thinner than second-anal or de-
generate) and having more than one anal vein on second-
AMES. Ao -t w os Bie ad. 2 ee Ree avo eel ESPERIORS.

The question of the homology of the veins cannot affect (as I
have elsewhere stated) the argument as to the diphyletism of the
diurnals. A natural group in which a certain vein is free in the
imago cannot well have the same origin with an opposed and equally
natural group in which this same vein runs in an opposite direction
and fuses with the next vein lying above it. The troublesome factor
in the classification of the diurnals has been the position of the
Papilionides. They have been approached violently to the Pierids
and learned treatises have allied them with the Hesperids. And
then they have been forcibly thrust in between the Blues and
the Skippers, an inoculation which the genealogical tree most
naturally resists. If we succeed in removing them from their
enforced union with the Hesperiades, unexpected light may fall
upon the history of the development of the Lepidopterous
organization. Nor can we fit the Papilionides in between the
Hesperiades and the moths, so that, in a linear arrangement,
the only course remaining open for us to pursue is to head
with them the series of the diurnals. The whole question of phy-
logeny isa relative one. Even if we can make out resemblances in

1900. } GROTE—THE DESCENT OF THE PIERIDS. 59

the embryonal wing, these do not abrogate the differences in the
imaginal. These exist in the present instance, throwing the com-
mon origin of the two groups further back, and render the supposi-
tion tenable, that the Papilionides and Hesperiades, as butter-
flies, have a different origin. The conclusion to which I have come
is this, that all the groups of the Hesperiades converge in ancestral
types of the Skippers, to the entire exclusion of the Papilionides.

Objections will be made that the Skippers are so different from
other butterflies. I have tried to show that these differences arise
from secondary specializations and are not constant or peculiar.
From a bend in the antennz, classificators give such names as
‘“ Grypocera.’’ But how about those Skippers which lack the bend ?
Are these, too, ‘‘ Grypocera’’? Again, some writers dwell with
astonishment upon the fact that certain Skippers like to stroll in the
dusk of evening, and these writers hold that, with such habits, these
Skippers cannot be considered as orthodox diurnals. And then a
special name is coined for them as a sort of atonement for heresy.
But clearly all this arises from preconceived opinions, from want of
consideration and weighing of characters. No value is given by
these classificators to the exceptions which deprive their catego-
ries of proper support. All the characters shown by the Skippers
are explainable by the fact that we have to do witha group originally
transitional in habit and structure, and having become a fixed and
natural one through custom.

THE EVIDENCE FROM FossIL BUTTERFLIES.

The evidence from paleontology is so scant that of itself it can
have no deciding weight. One feature, however, which assists my
ideas is that the tertiary deposits have yielded a larger proportion of
Nymphalids. We might naturally expect, among the Hesperiades,
that the groups in which the radius is specialized, viz., the Pierids
and the Blues, would be more recent, succeeding in point of time the
Skippers and the Nymphalids. I think we may assume the fact. Ina
recent valuable paper by Dr. Rebel, a restoration is given of the wing
of Lycenites. This is a presumed lycznid, and there is no improba-
bility in the view that the Blues may have been represented in the
Miocene. But I wish to point out that a slight change in the restored
wing parts would give us the Skipper type, in this case apparently one
resembling the North American Megathymidz, a group with general-
ized larvee, and which may also have enjoyed a greater range and rep-

60 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

resentation in tertiary than inrecent time. For the Miocene strata
of central Europe contain a number of types of vertebrates and land
shells which are now confined to America, but at that epoch en-
joyed so wide a distribution. In Europe these types subsequently
disappeared, giving place to more specialized types, but in America
they have persisted. Without having seen the specimen I could
not venture upon an opinion not in accord with that of so reliable
an observer, and what I now point out is that the wings of the
Blues and Skippers nearly agree, and I repeat that it is probable
that the former group has emerged from the same immediate stock
with the latter. Another circumstance to be noved is that the ter-
tiary species are generally distinct. This leaves room for the suppo-
sition that the diurnals have changed both a good deal and compara-
tively rapidly. It seems that the Nymphalids flourished in the tertiary
and that the quaternary is evidently the epoch of the Pierids and
the Blues, so that we may safely regard these latter groups as among
the more modern types of butterflies.

With regard to the phylogenetic line A, the Papilionides, we
know, from Dr. Rebel’s researches, that its most advanced group,
the Parnassians, existed in the Miocene. Nocertain identification
of fossil remains of the Swallowtails proper, the Papilionidz, ap-
pears to have been yet made anywhere. But if my views are cor-
rect, we may yet discover that Ornithoptera-like forms had a wider
distribution in preceding epochs than at the present time. The
classification and the general theory of the development of the diur-
nals, brought forward in this present and previous communications
to the American Philosophical Society, is so different from the gen-
eral opinions and conclusions of other authors, that I have given
them with diffidence and in all deference. My views have gradually
shaped themselves out of the discovery of the directions of the
movements which undoubtedly occur in the evolution of the vein-
ing of the Lepidopterous wing. While I have tried to correlate
the subordinate types, I have endeavored to make it quite clear that
there are two antagonistic and principal types in the neuration of
the diurnals, and that this fact authorizes the belief that the Papil-
ionides and Hesperiades may have had an independent origin.

MImIcry.

None of my predecessors appear to have studied the phenomena
of mimicry in connection with the structure and specialization of

TABLE OF GENERA OF Pirripips. : : y
( Pierini) (Anthocharini) (Euremini) A (Eurymini)
Phulia { ‘aa
Piccarda Pereute ; :
Delias Nathalis MA
Mancipium a Perrhybris E Pontia
Trifurcula Archonias | : Eurymus
; | Preris Catasticta ' Hesperocharis Eurema Sphenogona Zerene Colias (Gonepteryx) Dercas
Mesapia Ponizie H ‘Terias
pcan Aporia } Midea ior. Idmais pearati
‘Tachyris | Metaporia -Neophasia AGRE —_. Ixias Teracolus }

Rhodocera Parura

ee Evioneris
Pheebis

Zegris

|
|

‘Anthocharis

Euchloe | Eronia

| Eroessa :
H

|

1900.] GROTE—THE DESCENT OF THE PIERIDS. 61

the wings. It has been with them a question chiefly of color and
pattern or outline. The conclusion to which these studies of the
neuration lead is this: Zhe older and more generalized forms,
here Nymphalids and Papilionids, serve as models; the younger
and more spectalized forms, here Pierids and Dismorphians, do the
copying. As yet I know of no older type which has assumed the
dress of a younger. Mimicry would thus fall in with other phe-
nomena of succession, and is deprived of the appearance of fortu-
ity which now clings to it in literature.

SYSTEM OF NOTATION.

In the designation of the veins I have followed here the same
system as in my other papers, with the exception that I have
adopted Prof. Comstock’s recent change with regard to the longitu-
dinal veins. These are indicated by an initial letter of the name
instead of a Roman numeral. On the fore wings the subcostal is
marked S; the radius by #, with the Arabic numerals 1 to 5 for
the branches ; the Media by 4/1 to 3; the Cubitus by C1 to 2;
the anal veins by 4r to 3; the third anal is wanting in the Hes-
periades, unless the more or less illegible straight prong from the
second anal at base be homologous with it. The costal vein is
absent by reduction on both wings; on the primaries the thicken-
ing of the costal edge may or may not be a trace of it, and in any
event is of no importance to designate. On the hind wings I
have suggested (January, ’99) that the so-called ‘‘ precostal spur’’
is homologous with the ‘‘ humeral veins’’ of Prof. Comstock, mul-
tiplied inthe Lachneids. In a letter to me Prof. Comstock adopts
this view and suggests the prong should be so notated. I prefer to
call it the ‘‘humeral spur’’ and to mark it ‘‘h. s.’’; the word
‘‘vein’’ might cause a confusion with a longitudinal vein. The
subcostal of the hind wings has absorbed apparently, Prof. Com-
stock tells me, the first branch of the radius as part of the humeral
cell. Since this is obsolete in the present group, I have marked
the vein here as on the primaries with a simple S. The radius of
hind wings is reduced to a single vein, representing A2 + 3 + 4
+ 5, the branch Axi having gone apparently with the subcostal ;
but, since this cannot be seen in the present group, there is no use
in complicating the notation and I use merely the letter R. The
other veins are as on fore wings. The persistent anal vein is the

62 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

second ; the first is also the first to disappear, followed by the fourth
and third.

The humeral spurs of the Lachneidz have been cited as examples
of specialization by addition in the wings of the Lepidoptera. This
may have been their origin. ‘They appear to attain their maximal
development on the secondaries of utricha quercifolia (consult
Grote, ///. Zeits. f. Entom., Band 4, Heft 4, Fig. 1). In the diur-
nals the spurs would be already reduced to a single one. But even
in the Lachneids the generic types I have examined have them very
unequally developed. And they may have appeared independently
in different groups. The repetition of the neuration, as might be
expected in homodynamic organs like the wings, is, so far as I
know, always exact. Slight variational changes in the position of
the veins, following the general directions of specialization, are re-
peated on both sides of the insect. Accidental aberrations, fail-
ures in development, are of unequal, local origin and have a special
cause. The two classes of individual deviation from a given type
should be discriminated.

The bending inwardly of 4 3 on the secondaries of E/odina
exnatia (Fig. 10) leaves a wide, unsupported lobe at the base of the
wing, which seems to be traversed by an irregular, linear thickening
of the membrane, having the false appearance of avein. ‘This
would be secondary and its origin analogous with that of the hume-
ralspurs. But the feature must be studied from more material than
at the moment is at my disposal. It is possible that the last anal
vein (4 4) in Pseudopontia, marked in my figure ‘‘ix,’’ is homolo-
gous with this thickening in A/odina ; in both 4 3 is bent inwardly.
Compare these PROCEEDINGS, xxxvii, No. 157, Pl. i, Fig. 7.

ACKNOWLEDGMENTS.

After wandering for nearly forty years in the wilderness of but-
terflies, it may be the last time I have the opportunity of expressing
my indebtedness to other students and their works. And first I
return thanks to Prof. Comstock for the assistance which his publi-
cations on the wings of the Lepidoptera have been to me, no less
than for his kind communications upon debatable points. Prof.
Comstock has worked out, with immense patience and labor, a sys-
tem of notation applicable to the veins of all insect wings, and
which is here adopted for the butterflies. Thus the original idea of
Redtenbacher, who must not be forgotten, has, I hope, received its

1900. ] GROTE—THE DESCENT OF THE PIERIDS. 63

practical realization. Nor should the work of Herrick-Schaeffer
upon the veining, even if partial and exclusive, be passed over.
This author was the true successor of Hiibner, who troubled him-
self alone with color and pattern and shape, not going beneath the
surface of the wings. If I mention again Mr. Scudder’s Hzstorical
Sketch, it is to renew the expression of my hope that the book
may be republished and brought down to date. No one can do
this so well as the gifted and industrious author whose acquaint-
ance I have enjoyed for all these years and for whom I feel undi-
minished esteem. If I have opposed his classification of the but-
terflies, I have used, in my efforts to subvert it, the same weapons
employed by him to defend it. I am anxious to say a thankful
word to Mr. W. H. Edwards for his letters and the information
he has given me and all of us on the North American butterflies.
With Dr. Packard, Iam one of four authors who, commencing to
write at about the same time on American Lepidoptera before the
war, have lived until to-day to see much that they have accom-
plished adopted, and, in a varying degree, also disputed. It must
be our reward to have worked for the spread of knowledge accord-
ing to our differing lights—manifesta rote vestigia cernes.

I am glad again to thank Mr. W. F. Kirby, of the British Muse-
um (Natural History), for his complaisance in affording me informa-
tion not to be found in Mr. Scudder’s book. Mr. Quail’s papers
on the neuration have been suggestive to me. I am indebted to
Dr. Chapman for letters and copies of his ingenious papers on the
pupz of butterflies. Finally I am indebted to Dr. O. Staudinger
and A. Bang Haas for determinations which give this work an ele-
ment of certainty as to the identity of material which it could net
have had from my own authority.

64 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

EXPLANATION OF PLATE I.

The figures are obtained by an improved photo-lithographic pro-
cess. $= subcostal vein; A ==radius 1to 5; J&#=— medias tor.
¢€= cubitus 1 to 2; 4 =analt to 34 \ Phe costal veims aregab-
sent in the Lepidoptera through reduction. The fork at base of
second anal of primaries is not numbered. The first anal is usually
obsolete. On hind wings h. s. = humeral spur.

Fig. 1. Azalais gigantea. Typeof genus. This immaculate and more special-
ized form differs from ZLeptidia by the production of the primary wing between
Mi and 2. On hind wings the position of J/1 is further removed outwardly
and 4/2 is nearer 3; the humeral spur is also straight and truncate.

Fig. 2. Leptidia sinapis. Type of genus and subfamily. This latter is char-
acterized, as compared with the Dismorphiane, by the retreating discal cells and
central position of second median on primaries. No trace of fork to second anal.
Compare with preceding figure.

Fig. 3. Pseudopierisnehemia Q. Type of genus. An isolated and specialized
form belonging to the Dismorphianz, which have proportionate discal cells and
second median vein cubital on both wings. In Pseudopieris the cell retreats in
its upper part, leaving the first median on primaries free from radius. The first
radial is free to costa; h.s. Y-shaped. The uniformly pale color here accompa-
nies a peculiar specialization in the veining.

Fig. 4. Leptalis astynome 2. Typeof genus. The first radial fuses with sub-
costal; first median from radius at upper corner of discal cell. On hind wings
Mr from radius well beyond discal cell.

Fig. 5. Enantia melite 2. Type of genus. The first radial branch is bent
and fused with subcostal. 4/1 from cross-vein close to upper corner of discal
cell, hence more generalized than Leptalis.

Fig. 6. Acmepteron nemesis S. Type of genus. The proportions of the wings
are Orthopteralike. The backward spur on discal cell, a relic of the base of
media, marks the generalization. AI straight, fusing with subcostal. J/1 from
¢cross-vein, further removed from upper corner of cell thanin Zxan¢ia, hence the
more generalized form. Hind wings with discal cross-vein joining 4/1 at furca-
tion with radius. This dark form has ancestral characters compared with the
two preceding. The Leptidianze belong to the fauna of the Old, the Dismor-
phiane to that of the New World,

PROCEEDINGS AM. PHIL. SOC. VOL, XXXIX, NO. 161, PLATE I,

Photolith. F. H, Bédeker, Hildesheim.

A. Radcliffe Grote — Wings of Butterflies.

AAR Cu. BAe

ia > hind

‘

=e ce} a

a

PROCEEDINGS AM. PHIL. SOC. VOL, XX XIX, NO, 161, PLATE I.

2 3+445

Photolith, F. H. Bideker, Hildesheim.

A. Radcliffe Grote — Wings of Butterflies.

1900.] GROTE—THE DESCENT OF THE PIERIDS. 65

EXPLANATION OF PLATE II.

The figures are obtained by an improved photo-lithographic pro-
cess. 1S'==subeostal; “'—sadtus 1'to 53 17 media ‘to 35
C=cubitus1 to 2; 4 —analtrto 3. The first anal vein is obso-
lete ; the thin fork to second anal is not numbered. On hind
wings h, s. = humeral spur.

Fig. 7. Pieris napi. Note the Pierine and original position of R1 and 2 above
the cell; though here 72 is advanced nearly to cross-vein, and in this is P. xapz
a slightly more specialized form than the type of the genus ?. rage, as also in
that the fork 73 is still more reduced. On hind wings h. s. abbreviate, curving
outwardly, The fork to second anal on fore wings is thin, but apparently a func-
tional vein. Compare Schm. Hild. Taf. I, Fig. 5, for figure of P. ape.

Fig. 8. Alesapia peloria. Type of genus, belonging to the opaque-veined
Aporia series. When compared with P%erzs, more generalized, the fork of #3
being longer. Consult the figure of Aforia, cited in text, for comparative details.

Fig. 9. Mylothris rhodope. Type of genus; a four-branched form belonging
to the Ascza series; AI and #2 in the original Pierine position above the cell;
the veinlet 3 is slightly bent just below costa (as in Mancifium), showing
that an additional radial veinlet has shortly been given up.

Fig, 10, Llodina egnatia 2. Type of genus; belongs to the clear-veined,
thin and wide-winged Ascza group, convergent with Prerzs. The most special-
ized form, as shown by the radius, being three-branched, and A2 advanced
beyond cross-vein. Compare text.

Fig. 11. Phrissura egis 9. Type of genus; a more generalized form than
Elodina, as shown bythe four-branched radius; #2 not advanced as far as
the cross-vein, still in the Pierine position. Compare, for these points, with
preceding figure.

Fig. 12. Wepheronia poppea (idotea). Type of genus. This is the general-
ized form of AZylothris (Fig. 9), and in which the radius is five-branched. 2
is further from cross-vein than in the more specialized My/othris, of which this is
probably the direct ancestral form. The shape of primaries is different from
Mylothris, the pattern identical, The fork to second anal is here very thin and
perhaps hardly functional.

Fig. 13. Zrifurcula huanco §\. The primary wing shows the 77ifurcula
position of #2, advanced to just opposite the cross-vein. Compare text.

PROC. AMER, PHILOS. SOC. XXxtx. 161. E PRINTED APRIL 16, 1900.

66 GROTE—THE DESCENT OF THE PIERIDS. [Jan. 5,

EXPLANATION OF PLATE III.

The figures are obtained by an improved photographic process.
i) == subcostal vein; A —=radius 1 to 53 47= media 1Aosee
C=cubitus 1 to 2; 4 =anal1to 3. On hind wings h. s. = hu-
meral spur. The thin fork at base of second anal of primaries is
not numbered. ‘The costal vein is absent through reduction on
both wings in the Lepidoptera.

Fig. 14. Piccarda eucharis 29. Type of genus. A highly specialized Pierid,
in which the radius of forewings is three-branched; 2 has left the original
Pierine position above the cell and traveled along radius until it forms but a
moderate fork with R3 + 4-++5, before apex. 7/1 has ascended the radius on
its lower edge for a considerable distance beyond the cross-vein; hence this is
the specialized form of the succeeding Defias. In both genera the fork to second
anal of primaries is reduced to a mere scar.

Fig. 15. Delias egialea 2. Type of genus. Compare with Piccarda as to
position of J/1, which here leaves radius mmediately beyond junction of cross-
vein; fork of R2 longer thanin Piccarda. In these genera the specialization of
radius has outstripped that of media, and reaches its fullest expression yet
attained.

Fig. 16. Pyrrhybris pyrrha 2. Type of genus. A specialized Pierid in
which #2 has retained the Pierine position above discal cell and has not traveled
along radius. Hence this is more generalized than the preceding, although the
radius is equally three-branched. Compare text.

Fig. 17. Hesperocharis erota, Type of genus. Radius four-branched, the
branches #2, £3, short, near together before apices, taking Anthocharid
position ; h. s. truncate.

Fig. 18. Cunizza hirlanda. Type of genus. Primaries with blunt and
rounded apices, contrasting in shape with Hesperocharis. R2 to 3 longer, and
Mi a little further from radius on crossvein, hence more generalized than
Llesperocharis.

Fig. 19. Veophasia menapia. Type of genus. A typical Pierid in which R2
keeps its original position above cell, but here well advanced. Radius four-
branched. Probably a form ancestral to Pyrrhyédris, or slightly divergent on the
same line of specialization.

PROCEEDINGS AM. PHIL. SOC. VOL, XX XIX, NO. 161, PLATE III.

Photolith. F. H. Bédeker, Hildesheim.

A. Radcliffe Grote — Wings of Butterflies,

rs
ota

afi,

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ey
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PROCEEDINGS AM. PHIL, SOC. VOL, XXXIM, NO, 165, PLATE TY,

Photolith. F. H. Bédeker, Hildesheim,

A. Radcliffe Grote — Wings of Butterflies.

1900.] GROTE—THE DESCENT OF THE PIERIDS. 5 67

EXPLANATION OF PLATE IV.

The figures are obtained by an improved photographic process.
S = subcostal vein; the costal vein is absent through reduction in
the Lepidoptera ; A radius 1 to5; 1/—mediar to 3; C==cu-
bitus r to 2; A—analrto 3. On secondaries h. s. = humeral
spur. The thin fork to second anal of primaries at base is not
numbered.

Fig. 20. Midea genutia. Type of genus. A four-branched Anthocharid, in
which #2 has just passed out of the 77ifurcula position opposite cross-vein.
Compare with Zetracharis, in which £2 has not reached the cross-vein.

Fig. 21. Zegris eupheme. Type of genus. A five-branched Anthocharid, in
which #2 has just passed the 77zfurcu/a position. A more generalized form
than Midea.

Fig. 22, Lroessa chilensis. Type of genus. One of the most generalized Pierids,
ancestral tothe Anthocharid line. Radius five-branched; £2 in original position
above the cell and close to A1, which latter branchlet alone always remains con-
stant in position and does not shift. The first median branchlet, which in all
other Anthocharid genera has ascended radius and springs from it outside of cell,
here retains its primitive position on cross-vein. This rare type is most instruc-
tive in supplying a generalized stage, rendering the succeeding steps of speciali-
zation in the position of the veins understandable. Compare these three figures
with those of Anthocharid genera on Plate I, Vol. xxxvii, of these PROCEEDINGS.

Fig. 23. TZeracolus subfasciatus, Type of genus. An African form more
generalized than Lurymus (see PROCEEDINGS OF THE AMERICAN PHILOSOPHI-
CAL SOCIETY, Vol. xxxvii, Pl. II, Fig. 8), with which it must be compared. It
seems ancestral to Zurymus, in that #2 has retained original position.

Fig. 24. Amynthia merula. Type of genus. This figure will serve to illus-
trate the wings of that line of the Eurymini in which the primaries have assumed
a leaflike shape. Compare Schm. Hild. Taf. II, Fig. 8, for wings of its ally,
Colias rhamni.

Fig. 25. Eronia cleodora. Type of genus. <A generalized, radially five-
branched form of the Euremini, which should be compared with Zyvoessa and
Nepheronia. The resemblances suggest that these generalized types approach in
wing structure. The five-branched types are rare in the Pierids, but in the brush-
footed butterflies this generalized type of the radius is normal and never aban-
doned. In the primitive Pierid wing the radius was five-branched, and upon this
character allthe Hesperiades meet, The greatest divergence from this type is
to be found in specialized Pierids, such as Portia and Piccarda.

68 MINUTES. [Jan 19,

Stated Meeting, January 19, 1900.

Vice-President WISTAR in the Chair.
Present, 32 members.

Messrs. William Brooke Rawle, Robert C. H. Brock and
Barton C. Hirst, newly elected members, were presented to
the Chair, and took their seats in the Society.

Letters accepting election to membership were received
from Profs. James Dewar, Barton C. Hirst, William dH.
Holmes, Jacques Loeb, A. B. Meyer, Sir William Henry
Preece and Prof. Charles Otis Whitman.

Donations to the Library were announced.

The Curators announced the donation of a portrait of our
late fellow-member, Dr. D. G. Brinton, from his friends,
and of a medal from the Numismatic and Antiquarian Soci-
ety, for which the thanks of the Society were ordered.

Dr. I. Minis Hays then read a paper entitled ‘‘ A Contri-
bution to the Bibliography of the Declaration of Indepen-
dence:”’

R. H. Mathews, of Paramatta, N. 5. Wales, presented a
paper on ‘‘ Divisions of the South Australian Aborigines.”” *

Mr. Robert Paterson Field made some remarks on Col.
William Anderson and presented a photograph of a portrait
of Gen. Washington by Charles Wilson Peale, and exhibited
the portrait.

Dr. I. Minis Hays was unanimously reélected Librarian for
the ensuing year.

The meeting was adjourned by the presiding officer to
Friday, February 2, at five minutes before 8 P.M.

1900.) HAYS—DECLARATION OF INDEPENDENCE. 69

Adjourned Stated Meeting. January 19, 1900,
February 2, 1900.

Vice-President BARKER in the Chair.
Present, 14 members.

A communication was read from President Fraley, making
the following nominations for the Standing Committees for
1900:

Finance.—Philip C. Garrett, William V. McKean, Joel
Cook.

Hall.—Horace Jayne, Joseph M. Wilson, Harold Goodwin.

Publication.—Uenry Carey Baird, Patterson DuBois, I.
Minis Hays, Joseph Willcox, Morris Jastrow, Jr.

Michaux Legacy.—Thomas Meehan, Angelo Heilprin,
William P. Wilson, Burnet Landreth, Joseph T. Rothrock.

LInbrary.—George IF. Barker, T. Hewson Bache, Albert H.
Smyth, Joseph G. Rosengarten, Edwin G. Conklin.

On motion, these nominations were received and the Soci-
ety chose those named for membership in the Committees as
stated.

The meeting was then adjourned by the presiding officer.

A CONTRIBUTION TO THE BIBLIOGRAPHY OF THE
DECLARATION OF INDEPENDENCE.

(Plate V.)

BY I. MINIS HAYS, M.D.
(Read January 19, 1900.)

When the Declaration of Independence was agreed to by the Con-
gress on the afternoon of Thursday, July 4, 1776, it was thereupon

“‘ Ordered, That the Declaration be authenticated and printed.

‘‘That the Committee appointed to prepare the Declaration
superintend and correct the press.

“© Resolved, That copies of the Declaration be sent to the several

70 HAYS—DECLARATION OF INDEPENDENCE. (Jan. 19,

Assemblies, Conventions and Committees, or Councils of Safety,
and to the several Commanding Officers of the Continental Troops ;
and that it be proclaimed in each of the United States, and at the
head of the Army’’ (American Archives, 4th Series, Vol. vi, p.
1731; also Journal of Congress, 1776, p. 247).

The Declaration, in accordance with the above order, was then
authenticated by writing under it ‘‘Signed by Order and in
Behalf of the Congress, John Hancock, President. Attest, Charles
Thomson, Secretary.’’ And the original manuscript was, in all
likelihood as I have elsewhere indicated,’ immediately sent to
the printer, since the exigencies of the occasion did not allow of
the delay necessary to copy it, either into the rough Journal of the
Congress, or for the use of the printer. It was, probably, that
same evening put in type and the proof corrected by the Commit-
tee which drafted it, and was printed off, as a broadside, early the
next morning in time to furnish copies upon the reassembling of
the Congress. A printed copy was then wafered in the blank space
left for it in the rough Journal of the Congress, before the reading,
on the morning of the 5th, of the Minutes of the preceding day.

This broadside constitutes the first edition of the Declaration.
It was printed at Philadelphia by John Dunlap, the official printer
to the Congress, and the copy wafered in the rough Journal of the
Congress is facsimiled in Buchanan’s Genealogy of the McKean
Family of Pennsylvania (Lancaster, 1890), page 38. Copies of
this edition are in the Emmet Collection in the New York Public
Library (EM. 1528), in the Massachusetts Historical Society’s
collection and in the Library of Congress. It measures on the
print 1134 inches in breadth by 17 inches in length.? This
edition corresponds with the first and so-called second editions
(Nos. ror and 102, which are in reality one and the same,) of Mr.
Paul Ford’s Bibliography of the Official Publications of the Conti-
nental Congress.

The line for line transcript of the head lines and colophon of
this edition is as follows:

In‘ Congress, July 4, 1776|A Declaration | By the Repre-
sentatives of the | United States of America, | In General Congress
! Proc. AMER. PHILOs. Soc., Vol. xxxvii, p. 102.

2 am indebted for these measurements to the courtesy of Mr. Wilberforce
Eames, of the Lenox Library, New York.

1900.] HAYS—DECLARATION OF INDEPENDENCE. Ft

Assembled |. . . . | Signed by Order and in Behalf of the Con-
gress | John Hancock, President. | Attest. | Charles Thomson,
Secretary | Philadelphia: Printed by John Dunlap.

; Copies of this broadside edition of the Declaration were at once
sent, by President Hancock, in accordance with the resolution of
the Congress, ‘‘ to the several Assemblies, Conventions and Com-
mittees, or Councils of Safety, and to the several Commanding
Officers of the Continental Troops.”’

The minutes of the Council of Safety of the Province of Penn-
sylvania for Saturday, July 6, 1776,’ state that

‘‘ The President of the Congress this day sent the following Re-
solve of Congress, which is directed to be entered on the Minutes
of this Board:

‘*In Concress, 5th July, 1776.

“** Resolved, That Copies of the Declaration be sent to the several
Assemblies, Conventions, and Councils of Safety, and to the
several Commanding Officers of the Continental Troops, that it be
proclaimed in each of the United States and at the Head of the
Army. ‘** By order of Congress,

**Sign’d, JoHN Hancock, Presid’t.

“* In consequence of the above Resolve, Letters were wrote to the
Counties of Bucks, Chester, Northampton, Lancaster, and Berks,
Inclosing Copy of the said Declaration, requesting the same to be
publish’d on Monday next, at the places where the Election for
Delegates are to be held.’’*

On the afternoon of the same day the Council of Safety

‘< Ordered, That the Sheriff of Philad’a read, or Cause to be read
and proclaimed at the State House, in the City of Philadelphia, on
Monday, the Eighth day of July, instant, at 12 o’Clock at Noon of
the same day, the Declaration of the Representatives of the United
Colonies of America, and that he cause all his Officers and the
Constables of the said City, to attend the reading thereof.

“« Resolved, ‘That every Member of this Committee in or near the
City, be ordered to meet at the Committee Chamber, before 12

1 Colonial Records, Vol. x, p. 634.

2In Penna. Magazine of History, etc., 1892, Vol. xvi, p. 309, will be found
a facsimile of the bill of Michael Kuhn to the Committee of Safety and approved
by Owen Biddle, for £11 12, 6 for riding as an express to Chester, Lancaster,
Potts-Grove and Bucks in accordance with the above resolve.

12 HAYS—DECLARATION OF INDEPENDENCE, {Jan, 19,

o’Clock, on Monday, to proceed to the State House, where the
Declaration of Independence is to be proclaimed.”’

As is well known, the Declaration was read and proclaimed
on the 8th by John Nixon, on behalf of William Dewees, the
Sheriff of Philadelphia, from the platform of the observatory in the
State House Square which had been erected by the American Philo-
sophical Society to observe the transit of Venus in June, 1769.

The printed copy from which it was read, and, presumably, the
copy enclosed to the Council of Safety by the President of the Con-
gress, was carefully preserved by Mr, Nixon and is now in the posses-
sion of his descendant, Mrs, Charles C, Harrison, of Philadelphia.

A copy of the Declaration was likewise transmitted to General
Washington, and we find that on July 9 he sent orders from New
York to General Ward to ‘‘ cause this Declaration to be immedi-
ately proclaimed at the head of the Continental Regiments in the
Massachusetts Bay’’ (dm. Archives, 5th Series, Vol. i, p. 142) and
on the eleventh he wrote to General Schuyler that in obedience to the
order of Congress the enclosed Declaration ‘‘ must be proclaimed
throughout the Northern Army”? (2éz¢., p. 194).

Among the ‘Washington Papers’’ in the Department of State
there is a broadside copy, which Mr, Andrew H, Allen, Chief of
the Bureau of Rolls and Library, informs me, is believed to be the
copy sent by the President of the Congress to General Washington
to be read at the head of the Army.

The Washington and Nixon copies are of the same edition as that
wafered in the rough journal of the Congress,

There has recently been found among the unarranged papers of
this Society a large and handsome broadside of the Declaration
printed on vellum by John Dunlap, whose printing office was in
Philadelphia and who was the official printer to the Congress, and
to the Council of Safety of the Province of Pennsylvania, This
edition appears to be unknown to the bibliographers of the Declara-
tion, and I have been unable to learn of a copy being in any of the
principal collections in the country. I am informed by Mr,
Andrew Allen that it is not to be found in the Bureau of Rolls and
Library of the Department of State at Washington,

The following is a line for line transcript of the head lines of this
which appears to be the second edition of the Declaration ;

pan Dec: jello és0 a:
-

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hotts yooma sada 24g 4 aidaesllbec altro caw soe:
evoaniie 3ad9 baer re ad) Yo iodho") az work servo fs

yo baa selgincixl thn) ro notebove ex anh

iefisad soo Wood? badbildetis gool sabe erent on

pe sileda qd mekienads sdgin od nad 2!
PMogie sculdtds wher med: ssabsre2 p
aided bas: rt-oloD sto 30 exe nsBe? a0

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; W Dibaes « on Bo;

fit Cl nsdw bar ; dealesdo sd

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abot widen

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as : babes eri lone §
By sat fametless: Sk beden?

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S Anaiy Re Wied i

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\ fiat remlica ross be sacl “a edith ba oe fs sete now

ha
pha me to sqvente ett oF

amabiuiie Som adi wad Oo yw le

an; ~4 ; rent P52.) BS) intr sa ctl rat OL _

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. srvds wo Weds ar Dot
polmasrsth OSs WE we, oper pe. “

PROCEEDINGS AM. PHILOS. SOC. VOL. XXXIX, No. 161 PLATE v.

In CONGRESS S, Jury 4 1776.

A DECLARATIO“N=

By THE REPRESENTATIVES oF TSE

UNITED STATES OF AMERGGe
In GENERAL CONGRESS asseEMBLED.

HEN in the Courfe of human Events, it becomes neceffary for one Peoplt, to diffolve the Political Bands which-have conneéted them with another, and to affume
among the Powers of the Earth, the feparate and equal Station to whith:the Laws of Nature and of Nature's God entitle-them, adecent Refpect to the Opinions of Man-
kind requires that they fhould declare the Caufes which impel them to’ the Separation

We hold thefe Truths co be felf-evidenc, that ail Men are‘created equal; chat chey are endowed by cheir Creator with certain, undliensble: Rights, thacamong thefe arg
Life, Libercy, and the Purfuie of Happinefs—That co fecore thefe Rights, Governments are infticuted among Men, deriving their juft Powers from the Confent of the Governed, chat whenever
any Form of Government becomes deftrudtive of thefe Ends, cis the Right of the People to alceror to abolifh it, and ca iaftitute new Government, laying its Foundation on fuch Principles, and or-
ganizing its Powers in fuch‘Form, as t them fhall. feem moft likely to effect their Safety and Happinels. Prudence, indeed, will diétate chat Governments long eftabliffied fhould not bechang-
ed for lightand tranfient Caufes; and accordingly all Experience hath fhewn, chat Mankitid are more difpofed to fuffer, while Evils are fcfferable, than to right themfelves by abolifhing _the
Forms to which they are accyftomed, Buc when a long Train’of Abufes and Ufurpations, purfuing invariably ‘the fame Objed, evincesa Defign. toreduce them under abfolute. Defpotifm,
it is cheir Right, it-is their Duty, to throw off fuch Government, and to provide new Guards for their future Security. Such has been the patient Sufferance of thefe: Colonies ;..and fuch is
now the Necefficy which conftrains them to alter their former Syftems of Government. The Hiftory of che prefent King of Great-Britain is a Hiftory of repeated Injuries and. Ufurpations, all
having in direé&t Object the Eftablithment of an abfolute Tyranny over thefe States. To prove this, lec Faéts be fubmitted to acandid World.
He has refufed his Affent to Laws, the moft wholefome and neceflary for the public-Good.
He has forbidden his Governors to’ pafs Laws of- immediate and ptefling Importance, unlefs fufpended in thieit Operation tillshis Affent fhould be obtained’; and when fo fufpended, he
has utterly neglected to attend co therm: :
He has refufed to pafs other Laws for the Accommodation of large Diftridts of People, unlefs thofe People would relinquifh the Right of Reprefentation in the Legiflature, 4 Riglit.meftima-
ble to them, and formidable co Tyrants only. ;
He has called together Legiflative Bodies at Places unufual, uncomfortable, and diftant from the Depoficory of their public Records; for the fole Purpofe of fatiguing them inta compliance
with his Meafures,
He has diffolved Reprefentative Houfes repeatedly, for oppofing with manly Firmnefs his Invafions on the Rights of the People.
He has. refufed for a long Time, after fuch Diffolutions, 20 caufe others to be eledted ; whereby the Legiflative Powers, incapable of Annihilation, have returned to the People «at large for
their Exercife ; the State remaining in the mean Time expofed coall the Dangers of Invafion frorh without, and Convulfions. within. jl
He has endeavoured to prevent the Population of thefe States ; for that Purpofe obftreating the Laws for Naturalization of Foreigners; refufing to pats others co encourage theit Migrati-
ons hither, and raifing the.Conditions of new Appropriations of Lands.
He has obftruéted the Adminiftration of Juftice, by refufing his Affent co Laws for eftablifhing Judiciary Powers.
He has made Judges dependent on his Will alone, for the Tenure of their Offices, and the Amount and Payment of their Salaries.
He has ere&ted a Multitude of new Offites, and fent hither Swarms of Officers to harrafs our People, and eat out their Subftance.
He has kept among us, in Times of Peace, Standing Armies, without the Confent of our Legiflatures,
He has affected to render the Military independent of and fuperior to the Civil Power, Hae
Ht has combined with others to fubjeét us to a Jurifdidtion foreign to our Conftitetion, and unacknowledged by our Laws , giving his Affent to theiz Adts of pretended Legiflation.
For quartering large Bodies of Armed ‘Troops among us:
For protecting chem, by’amock ‘Trial, from Punifhment for any Murders which theyfhould commit cn the Inhabitants of thefe Scates :
For cutting off our Trade with all Parts of che World:
For impofing Taxes on us without our Confent :
For depriving us, in many Cafes, of the Benefits of Trial by Jury :
For tranfporting us beyond Seas to be tried for pretended Offences : ;
For abolifhing the. free Sy{tem of Englifh Laws in aneighbouring Province, eftablifhing therein an athitrary Government, and enlarging ics Boundaries, foas to render it at once an Exam~
ple and fic Inftrument for introducing thefame abfolute Rule into thefe Colonies :
For taking away our Charters, abolifhing our moft valuable Laws, and altering fandamentally the Forms-of our’Governments,
For fufpending our own Legiflatures, arid-declaring themfelves invefted with Power'to Jegiflace for us m all Cafes whatfoever.
He has abdicated Government here, by declaring us out of his Protection and waging War againft us.
He has plundered our Seas, ravaged our-Coatis, burnt our Towns, and deftroyed the Lives of our- People.
He is, at rhis Time, cranfporcing large Armies foreign Mercenaries to compleat che Works of Death, Pefolation, and Tyranny, already begun with Circumftances of Cruelry and Per-
fidy, f{carcely paralleled in the moft barbarous Ages, and totally unworthy the Head of a civilized Nation.
He has conftrained our fellow Citizens taken Captive on the high Seas to bear Artis againft their Country,, fo become the Executioners of their Friends and Brethren, of to. fall: themfelve
by their Hands.
We has excited doméftic Infurre€tions amongft us, and has endeavoured to bring om the Inhabitants of our Frontiers. the:mercilefs Indian Savages, whofe known Rule of Warfare, is an
undiftinguithed Deftruétion of all Ages, Sexes and Conditions. ;
Th every Srage of thefe Oppreffions we’ have petitioned for Redrefs in the moft humble Terms: Our repeated Petitions have been anfwered only by repeated Injury.
ratter is thus marked by ‘every Act which may define a Tyrant, is'unfit to be the Ruler of a free People. F 3 ; pee,
Not have'we been wanting in Attentions to our Britith Brethren, We have warned them from Time to Time of Atcempts by their Legiflature to extend an unwarrantable Joxifdition oyer
us. We have reminded them of the Circumftances of our Emigration and Setrlemcct here. We have appealed to their native Juftice and Magnanimity, and we have’ conjured them by
the Ties of. our common Kindred to diffvow thefe Ufurpations, which, would inevitably interrupt our Cohnedtions and Correfpondence. They too have been deaf to the. Voice of Juttice
and of Confanguinity. We muft, therefore, acquiefce in the Neceflity, which denountes our Separation, and hold them, as we hold the reft of Mankind, Enemies in Wer, in Peace, Friends.
We, therefore, the Repiefentatives of the UNITED STATES OF AMERICA, in Genenar Concress, Affembled, appealing to the Supreme Judge of the
World for the Re@itude of our Inteations, do, in'the Name, and by Authority of the good People of thefe Colonies, folemnly Publith and Dechare: ‘That. thefe United Colonies are, and
of-Right ought to be, Free ann I'NDEPENDENT STATES; thatthey are abfoléed from all Allegiance to the Britith Crown, and that ‘all political Connedion between them and tthe
State: of Great-Britain, is and ought to.be totally diffolved:; and that-as FREE AND INDERENDENT States, they have full Power to levy War, conclude Peace, contratt, Alliances,
eftablith Commerce, and todo all other A@s and Things which INDEPENDENT STATES may of right do. And for the fupport of this Declaration, with a firm Reliance on the Protec-

tion of divine Providence, we"mutually pledge to each other our Lives.aur Fortunes;-2nd our facred Honor

A Prince wholéCha-

Signed by Oxver and in Beware of the ConGcRreEssy

JOHN HANCOCK, PRESIDENT,

ATTEST.
CHARLES THOMSON, Szeceeraey.

Printeon Bx JOHN DUNLAP.

—REDUCED ONE-HALF.

FAC-SIMILE OF BROADSIDE OF DECLARATION OF INDEPENDENCE, IN LIBRARY OF AMERICAN PHILOSOPHICAL SOCIETY. =i

=

tie

~~ ~ a Ss ‘. ae snuarel
. afi wi gregutks Me :

an

1900.] HAYS—DECLARATION OF INDEPENDENCE. 73

In Congress, July 4, 1776 | A Declaration | by the Representa-
tives of the | United States of America| in General Congress
Assembled. |. . . . | Signed by Order and in Behalf of the Con-
gress | John Hancock, President | Attest | Charles Thomson, Sec-
retary | Printed by John Dunlap. |

It measures on the print 1634 inches in breadth and 2134 inches
in length. A written indorsement on this copy states that it was
found among the papers of David Rittenhouse, and the entry in the
Donation Book of its gift to this Society is that on September 19,
1828, Dr. Mease presented to the Library a copy of the ‘‘ Declara-
tion of Independence of U. Statesof Am __ Printed on Parchment
with the attestation of Cha* Thomson. Supposed to be printed at the
time of Declaration, 4 July 1776 by Jno. Dunlap & found amn*
the Papers of David Rittenhouse.”’

It will be recalled that the minutes of July 6, 1776, of the Council
of Safety of the Province of Pennsylvania record the receipt of the
resolution of the Congress directing the transmittal of the Declara-
tion to the Council, whereupon “‘ letters were wrote to the Counties

. - - Inclosing copy of the said Declaration, requesting the same
to be publish’d on Monday next [July 8"].”’

Since a single’ copy only of the Declaration had been transmit-
ted by the President of the Congress, it seems probable that the
Council of Safety of the Province of Pennsylvania needed addi-
tional copies for transmittal to the various Counties, Committees of
Safety, etc., in the Province, just as we shall see hereafter did the
Council of Massachusetts, and therefore ordered its printer, John
Dunlap, to supply them. The type of the original edition in all
probability had not been kept standing when Dunlap received this
order and he was therefore obliged to set it up anew. He now
saw that the document was one of more than usual importance and
had it set up in larger and more imposing type. It seems, too, not
unlikely that Dunlap at this time, recognizing the high historical
value of this document, printed off a copy or two on vellum for
purposes of presentation, and that he gave one of these to David
Rittenhouse who was a leading member of the Council of Safety
and afterwards its Vice-President.

1QOn this point see Pudlic Records of the Colony of Connecticut, Vol. xv,
1775-1776, p. 477: “ Letters from the Congress of 6th inst. came in (by ex-
press) containing information of their late Declaration of Independence and a
copy of it, requesting the same to be duly published, etc.”

74 HAYS—DECLARATION OF INDEPENDENCE. (Jan. 19,

The inference that this edition was printed early in the month of *
July, 1776, is strengthened by the wording of the title, which was
changed to ‘‘the Unanimous Declaration,’’ etc., by resolution of
the Congress on July 19, 1776, as we shall see more particularly
hereafter,

This edition, as regards typography, is beyond comparison the
finest of the contemporaneous broadsides of the Declaration. It is
fac-similed, reduced in size about one-half, in the accompanying
plate (Plate V).

In the Du Simitiére’s Scraps, 1771-1810, in the Philadelphia
Library (960 and 962 F), there is another contemporaneous broad-
side of the Declaration which is also unnoted in the bibliographies.
It does not bear anyimprint. It measures on the print 107g inches
in breadth and 11¥ inches in length. It is in double column,
separated by two parallel rules, and at the bottom of the second
column it has the printed signature and attestation of John Han-
cock and Charles Thomson in the same form as in the previous edi-
tions noted.

The line for line transcript of the head lines is as follows,:

In Congress, July 4, 1776 | A Declaration by the Representa-
tives of the United States | of America, in General Congress
assembled |

With the kind assistance of Mr. Charles R. Hildeburn, I endea-
vored to identify the printer of this broadside by means of the types
used, but without success, although Mr. Hildeburn is strongly in-
clined to believe that it is a Philadelphia imprint.

John Gill and Powars and Willis, of Boston, jointly appear to
have struck off two editions of the Declaration, one without and the
other with their imprint. Copies of both of these are in the library
of the Massachusetts Historical Society. Neither of them is given
in Mr. Ford’s Libhography.

John Gill was the publisher of the Continental Journal, and Dr.
Green writes me that this broadside ‘‘ was undoubtedly printed in
July, 1776, as a copy in finer type appears in his paper of July 18.
Powars and Willis were also publishers of another paper, the /Vew
England Chronicle, in Queen Street.’’. The edition without their
imprint, Dr. Green informs me, ‘‘ was struck from the same form
[as the one with their imprint] with the texts of the same dimen-

1900.] HAYS—DECLARATION OF INDEPENDENCE. 715

sions and the heading with fewer leads.’’ It seems to me most
probable that the edition without their imprint was struck off first,
and then finding that there was a demand for the broadside they
struck off another edition, to which they added their imprint and
improved its appearance by inserting additional leads between the
head lines. .

The edition without their imprint is in double column and
measures on the print 11% inches in breadth by 155% inches in
length. A copy of it is to be found in the library of the Massachu-
setts Historical Society, and of the Essex Institute at Salem. It is
reproduced in facsimile in Bryant and Gay’s Popular History of the
Onited States, New York, 1879, Vol. iii, p. 482.

The other edition, with the added imprint of John Gill and Powars
and Willis, is reproduced in facsimile in Winsor’s Varrative and
Critical History of America, Vol. vi, p. 267. It is likewise in
double column and measures on the print 117% inches in breadth by
175~@ inches in length. The line for line transcript of the head
lines and colophon is as follows :

In Congress, July 4, 1776 | A Declaration | by the Representa-
tives of the | United States of America; | In General Congress
Assembled. |. . . . | America: Boston, Printed by John Gill, and
Powars and Willis, in Queen Street.

A peculiarity of the Gill and Powars and Willis editions is that
in the attestation Charles Thomson’s name is spelt with a ‘‘ p.”’

A contemporaneous edition was also printed by E. Russell at
Salem, in Massachusetts, which corresponds with Ford’s No. 103,
and of which torn and imperfect copies are in the Emmet Collec-
tion, in the New York Public Library (EM. 1532) and in the
Library of the Massachusetts Historical Society. Dr. Green in-
forms me that this broadside measures on the print 125 inches in
breadth by 187g inches in length.

The line for line transcript of the head lines and colophon of
this edition is as follows:

In | Congress, | July 4, 1776 | A Declaration | by the | Repre-
sentatives | of the | United States of America, | In General Con-
gress Assembled. |. . . . | Salem, Massachusetts-Bay: Printed by
E. Russell ; by Order [torn].

76 HAYS—DECLARATION OF INDEPENDENCE, [Jan. 19,

Dr. Green writes me that in the copy of this broadside
possessed by the Massachusetts Historical Society ‘‘ the Dec-
laration is followed by an Order, in six lines, attested by ‘John
Avery D’ [torn].’’ ‘‘The tear in the lower right-hand corner
takes up one-half of the width of the broadside, and about one-
quarter of its length.’’ The order is that of the Council of Massa-
chusetts, dated July 17, 1776, directing that the Declaration of
Independence be printed, and that the minister of each parish read
the same on the ensuing Sunday. John Avery, who signed this
order, was the Deputy Secretary of the Council of Massachusetts,
and ina letter to Sheriff Greenleaf, dated ‘* Council Chamber,
August 5, 1776,’’ he says: ‘‘I am directed by the honorable Com-
mittee of Council to acquaint you that the printed Declarations of
Independency are on their table, and they expect that you will take
proper care that they be distributed through this State as soon as
may be, that every town may have them publicly read in each re-
ligious assembly’’ (dm. Archives, 5th Series, Vol. i, p. 778).

Mr. Ford gives as No. 104 of his ‘‘ Bibliography’’ an edition
of which I have been unable to locate a copy. He states that it
measures 15 inches x 19% inches. ‘The line for line transcript he
gives as follows :

In Congress, July 4, 1776, | Declaration | By the Representa-
tives of the | United States of America| In General Congress
Assembled

Mr. Ford writes me that he cannot now recall where he saw this
broadside, but his impression is that it was at an auction in Boston
some eight or nine years ago and that he made the memorandum
concerning it at that time.

The Journals of Congress state (Vol. ii, Phila., 1776, p. 241)
that ‘‘ the Declaration being read, was agreed to, as follows:

‘‘A Declaration by the Representatives of the United States of
America in Congress assembled.’’ It will be noticed that in the
first editions previously referred to the word ‘‘ general’’ has been
interpolated before ‘‘ Congress’’ in the title, so as to read, ‘‘in
General Congress assembled,’’ and in Dunlap’s second edition and
the others prior to the Baltimore edition of the following year the
interpolation is retained. For this alteration in the title to the

1900.] HAYS—DECLARATION OF INDEPENDENCE. fare

Declaration I can find no authority in the printed /ourna/ of the
Congress.

On July 19, 1776, the Congress ‘* Resolved, That the Declaration
passed on the 4th be fairly engrossed on parchment, with the title
and style of—‘‘The Unanimous Declaration of the ‘ Thirteen
United States of America; ’ and that the same, when engrossed,
be signed by every member of Congress’’ (Secret Journals of the
Acts and Proceedings of Congress, Vol. i, Boston, 1821, p. 48),
and on August 2, the Secret Journal states that, ‘‘ The Declaration
of Independence being engrossed, and compared at the table, was
signed by the members.”’

On January 18, 1777, the Congress ‘‘ Ordered, That an authen-
ticated copy of the declaration of independency, with the names of
the members of Congress, subscribing the same, be sent to each of
the United States, and that they be desired to have the same put
upon record’”’ (Journal of Congress, Vol. iii, Philadelphia: John
Dunlap, p. 28).

The next official edition of the Declaration was printed under
the above resolution at Baltimore, whither the Congress had ad-
journed from Philadelphia on December 12, 1776 because of the
advance of the British troops and their subsequent occupation of
that city. Copies of this edition are to be found in the Emmet
Collection in the New York Public Library (EM. 1535) and in the
Boston Public Library. It corresponds with No. 105 of Mr. Ford’s
Bibliography. This broadside measures on the print 1214 inches in
breadth by 195% inches in length and is facsimiled in Zhe Orderly
Book of Sir John Johnson, Albany, 1882, p. 220. The line for
line transcript of the head lines and colophon are as follows :

In Congress, July 4, 1776, | The Unanimous | Declaration | of
the | Thirteen United States of America |

The text is printed in double columns, and the signatures of the
members are appended, with that of John Hancock in the centre
of the top line and the others being arranged beneath in four
parallel columns, the members signing by States, with Georgia
first. Their signatures are included in a bracket placed to the left
with the name of the State they represent opposite. Then follows
the text of the resolution of January 18, 1777, and signed

By order of Congress | John Hancock, President |

78 MATHEWS—SOUTH AUSTRALIAN ABORIGINES. [Jan. 19,

Then in manuscript is written on the copy fac-similed in the
Johnson Orderly Book:

Attest : Chas. Thomson, Sec’y. | A True Copy | John Hancock,
Presid’t. |
The colophon is:

Baltimore, in Maryland: Printed by Mary Katharine Goddard |

A very valuable bibliography of the literature pertaining to the
Declaration, including its signers, signing and promulgation, pre-
pared by Mr. Wilberforce Eames, the accomplished Librarian of the
Lenox Library, is to be found in the Mew York Public Library
Bulletin, Vol. i, December, 1897, pp. 351, 352-

DIVISIONS OF THE SOUTH AUSTRALIAN ABORIGINES.
WITH MAP.

(Plate VI.)
BY R. H. MATHEWS, L.S.
(Read January 19, 1900.)

The territory dealt with in the following pages comprises approxi-
mately that part of the province of South Australia situated east of
the 132d meridian of longitude and south of the 24th parallel of
latitude, but is more particularly delineated on the accompanying
map. All the native tribes within this immense region are divided
into two intermarrying phratries, with the exception of some tribes
on the Murray river and Yorke’s peninsula, among whom no well-
defined divisional system has been reported.

I shall endeavor in this article to determine the boundaries of
the country occupied by certain aggregates of tribes possessing the
same divisional names and practicing similar initiatory rites, which
it is proposed to denominate nations, following the method adopted
by me in showing the distribution of the native tribes of New
South Wales,’ Victoria? and Queensland.* A map is added, on

1 Proc. AMER. PHILOs. Soc. PHILADA., xxxvii, 54-73, Plate v.

2 American Anthropologist, Washington, xi, 325-343, Plate v.
3 Proc. AMER. PHILOs. Soc. PHILADA., xxxvii, 327-336, Plate xiii,

1900. ] MATHEWS—SOUTH AUSTRALIAN ABORIGINES. 79

which is marked the geographic range of each nation and defining
also the limits within which circumcision and subincision are in
force.

I. THE PARNKALLA NATION.

In 1846 the Rev. C. W. Schiirmann published a pamphlet on the
Aboriginal Tribes of Port Lincoln, South Australia, in which, on
p. 9, he stated that the Parnkalla tribe was ‘‘ divided into two dis-
tinct classes, the Mattiriand Karrarupeople.... . If a husband be
Mattiri, his wife must be Karraru, and vice versa, the children
taking invariably the appellation of that class to which their mother
belongs.’’ This is the first accurate record of the divisions of abo-
riginal tribes, not only in the colony mentioned, but in any part of
the Australian continent. Owing to this priority and for conveni-
ence of reference I have adopted the name of the Parnkalla tribe
for the whole nation. I shall endeavor to give the names and ter-
ritorial limits of a few of the most important of the many tribes of
which this large nation is composed.

The Rev. Mr. Schiirmann says? the Parnkalla language extended
‘from Port Lincoln probably as far as the head of Spencer’s
Gulf,’’ which would be about where Port Augusta now stands, and
that ‘‘ northeast of the Parnkalla was the Nukunna tribe.’’ The
Nauo, or Nowo, tribe adjoined the Parnkalla on the west’ and in-
habited the country from Venus Bay to Koppawanata station.
Northwest of the Nauo, around Yardea station, was the country of the
Willeurootribe. The Parnkalla, Nauoand Willeuroo, were practically
the same people in language and customs, and are included in the
same nation on the map. I am informed by old residents that a
small tribe called Kooapudna was formerly located around Frank-
lin Harbor. These people are not mentioned by Mr. Schiirmann.

Mr. B. Hack states that a tribe, which he calls Noocoona, occu-
pied the eastern side of Spencer’s Gulf, from Port Augusta to Bun-
dalear (see map) and extended east to Coonatto.* As the Noocoona
of Mr. Hack were located in the country indicated by Mr. Schiir-
mann as being inhabited by the Nukunna, it seems safe to infer that
both writers meant the same people; for although the spelling is
different the pronunciation is substantially the same.

1 Native Tribes of South Australia (1879), p. 249.
2 [bid., p. 249.
8 Folklore, Manners, etc., S. A. Aborigines (1879), pp. 64-66.

80 MATHEWS—SOUTH AUSTRALIAN ABORIGINES. [Jan. 19,

Mr. Noble, a police trooper, in describing the customs of the
Alury tribe of the Flinders Range,’ says they were divided into
“two clans,’’ called Muttay and Arriee, which I have assumed are
intended to represent Mattiri and Karraru of the Parnkalla divi-
sions. Mr. Noble includes ‘‘ Crystal Brook and surrounding coun-
try ’’ in his description, which would overlap and include the ter-
ritory of the Noocoona tribe above referred to. This suggests the
inference that the Alury and Noocoona were subtribes of the same
people.

The Kooyeeunna and some smaller allied tribes occupy the coun-
try from South Lake Eyre, including Turret Range, Chambers
creek, Screech-Owl creek, and others, to Lake Torrens, and
southerly along its eastern shore as far as Nilpena station, where
they adjoin the Alury already mentioned. A friend of mine who
resided a long time on Willochra creek, in the heart of the country
occupied by the Alury tribe, says their proper name is Eeleeree.
He states that they are divided into the two groups, Mattiri and
Karraru, like the Hillary people, who are their near neighbors on
the western side of Lake Torrens. Both tribes circumcise and split
the penis of the youths, and their language has many words in com-
mon. The Kooyeeunna extend northeasterly to meet the Dieyerie ;
and on the southeast they are joined by the Kutchnamootha and
friendly tribes, who are spread over the district from Mount Free-
ling to Lake Frome and Lake Blanche.? East of the Kutchna-
mootha is inhabited by the Pulladapa tribe, including the country
adjacent to Lake Callabonna, and thence toward the New South
Wales boundary.

Adjoining the Kooyeeunna and Kutchnamootha, and reaching
northerly, beyond Cooper’s creek, is the territory of the Die-
yerie tribes. Their eastern boundary is approximately a line
drawn from Mount Freeling, through Lakes Blanche and Hope, to
Lake Perigundi.* From the debouchure of the Diamantina river
into Lake Eyre, up that river to Goyder’s Lagoon, taking in
Kalamurina, Cowarie, Mungarane and Berlino stations, is inhab-
ited by the Ahminnie tribe. Beyond the Ahminnie is the Wonka-

1 Folklore, Manners, etc., S. A. Aborigines (1879), p. 64.

2Mr. E. M. Curr, in his book, Zhe Australian Race (1886), refers to these
two tribes, whom he calls Cooyiannie and Kudnamietha. Vol. ii, p. 118.

3 Compare with description given by S. Gason in his Dzeyerte Tribes of Aus.
Aborigines (1874), p. Il.

1900.] MATHEWS—SOUTH AUSTRALIAN ABORIGINES. 81

oora tribe, occupying the country from Macumba river nearly to
Alton Downs. The southern end of their country is watered by the
Macumba river and the lower portion of Kallakoopa creek. North
of the Wonkaoora is the Wonkamudla tribe, reaching from Alton
Downs to Annandale and other stations.

The Wonkaoora and Wonkamudla tribzes extend a long way to
the northwest into the desert country, consisting of sandhills, with
sterile patches and salt marshes between them. ‘The only water in
this tract is obtained from native wells, called mzckerites, and the
natives of that district are on this account known as “ the mickerie
blacks.’’ ‘These wells are for the greater number shallow holes, little
more than ‘‘ soakages,’’ and generally contain only small supplies
of water, but a few of them are as much as twenty feet deep, or more,
being wide at the top and tapering almost to a point at the bot-
tom, into which the water percolates through the loose strata.

Adjoining the Wonkaoora on the southwest are the Arrabunna
people, who inhabit the country from near the Macumba southerly
along the western side of Lake Eyre as far as Margaret creek,
where they adjoin the Kooyeeunna tribe already mentioned. The
Arrabunna extend up the Neale and Peake creeks till met by the
Andigarina people; toward the southwest they reach to Stuart’s
Range, where they adjoin the outposts of the Kookatha nation.
Touching the Kooyeeunna about Red Lake, and extending thence
southerly down the western side of Lake Torrens is occupied by
the remnants of the Hillary, Kakarrura, Yallingarra and other
friendly tribes, meeting the northern limit of the Parnkalla and
Nauo before referred to. I propose calling this tract of country
the Hillary Nation, after the Hillary tribe, mentioned by Mr. J.
Bryant in 1879.’

In all the principal tribes or aggregates of subtribes and fami-
lies, whose boundaries are outlined in the preceding pages and
enumerated on the appended map as 1 to 1o, the people are
bisected into the phratries, Matturri and Kirraroo,’ the men of the
one marrying the women of the other. No previous writer has
attempted to define the geographic distribution of all the people
possessing this organization, and show the correct relative location
of each tribe on a map of South Australia. The collection of

1 Folklore, Manners, etc., S, A. Aborigines (1879), p. 103.

2 I have adopted these forms of the Phratry names, because they are used by
the Kooyeeunna tribe, who are located near the centre of the nation.

PROC. AMER. PHILOS. SOC. XXXIX. 161. F. PRINTED APRIL 16, 1900.

82 MATHEWS—SOUTH AUSTRALIAN ABORIGINES, [an. 19,

reliable data, from which to prepare such a map, has been the
result of long and patient inquiry extending over some years.

The following synopsis shows how the two phratries intermarry
and the descent of the resulting offspring :

TABLE No. 1.

Phrairy. Husband. Wife. Offspring.
A Kirraroo, Matturri, Matturri.
B Matturri, Kirraroo, Kirraroo.

All the people, men and women alike, bear the name of an ani-
mal or some other natural object, which is their totem. I have
noticed that certain totems which belong to one phratry in a
given district are found to belong to the other phratry among the
members of a tribe occupying a different part of the country.
Similar differences have been observed by me among the native
tribes of New South Wales, Queensland and Victoria. Therefore,
in supplying a few lists of some of the totems attached to the two
phratries—Kirraroo and Matturri—the name of the tribe will be
mentioned in each case. 1 will take the totems of the Arrabunna
tribe first.

The undermentioned totemic names may be enumerated as some
of those belonging to the people comprising the Kirraroo group :

Emu, Rainbow, Diver,
Mopoke, Scrub Turkey, Bull-dog Ant,
Fish, Gum Tree, Crane,
Common Fly, Top-knot Pigeon, Moon,

Sun, Clouds, Sandalwood Tree,
Rain, Lightning, Barley Grass,
North Wind, Thunder, Acacia,
Nardoo, Crow, Carpet Snake,
Hailstones, Opossum, Spoonbill,

Box Tree, Pelican, Beefwood Tree,
Needle Bush, Mimosa, Green Snake.

Among the totems of the people constituting the Matturri group
may be mentioned the following :

1900.] MATHEWS-—SOUTH AUSTRALIAN ABORIGINES, 83

Wild Dog, Eagle Hawk, Small Lizard,
Spider, Common Magpie, Brown Snake,
Curlew, Black Duck, Whip Snake,
Swan, Frog, Kangaroo Rat,
Grasshopper, South Wind, Wattle Tree,
Quandong Tree, Shag, Ring-neck Parrot,
Iguana, Quartz Stone, Mulga Tree.

Plain Turkey,

It. THE YOWERAWARRIKA NATION.

The Yowerawarrika tribe adjoin the Dieyerie Ahminnie, Wonk-
aoora and Wonkamudla on the east, and reach northerly and eas-
terly into Queensland. Their territory includes Coongie, Clifton
Hills, Pandy Pandy and Cordilla Downs. Adjoining the Yowera-

arrika on the south are the Yanderawantha, who reach from
Patchawarra creek southerly across the Cooper and down the
Strzelecki creek till they meet the northern limit of the Pilladapa
about Lake Callabonna. On the west they are bounded by the
Dieyerie, and on the east they extend within the Queensland and
New South Wales frontier. Innamincka, Tinga Tingana, Kano-
winna, Oontoo and other stations, are situated within the territory
of this tribe.

The social organization of the Yowerawarrika and Yanderawan-
tha consists of two intermarrying phratries called Koolpirro and
Thinnawa; a Koolpirro man marries a Thinnawa woman, and, vice
versa, the sons and daughters of the marriage taking the name of
the group to which the mother belongs. Arranged in tabular form
these rules of marriage and descent appear as follows:

TABLE No. 2.

Phratry, Husband. Wife. Offspring.
A Koolpirro, Thinnawa, Thinnawa.
B Thinnawa, Koolpirro, Koolpirro.

There is a collection of totems attached to each phratry. The
following are some of the totems of the Koolpirro people :

Carpet Snake, Rainbow, Rat,
Red Ochre, Pigface, Native Companion,
Crow, Emu, Curlew.

Kite-hawk, Pituri.

84 MATHEWS—SOUTH AUSTRALIAN ABORIGINES. [Jan. 19,

The Thinnawa division claims the undermentioned animals and
objects amongst others :

Iguana, Eaglehawk, Plain Turkey,
Bull-Frog, Shag, Black Duck,
Jew Lizard, Dingo, Plover,
Witchetty, Native Cat, Crane,
Ground Frog, Kangaroo Rat, Diver.

Water Rat,

The phratry name Koolpirro is the equivalent of Kirraroo, and
Thinnawa corresponds to Matturri of the Parnkalla organization.
Koolpirro is likewise equivalent to the pair of sections Woongo and
Koobaroo, and Thinnawa to the pair, Bunburri and Koorgilla, of
the tribes adjoining them on the northeast.

III. Tort BarkunjEE NATION.

The divisional system and initiation ceremonies of the tribes
constituting this nation have been fully reported in my paper pub-
lished in the Journal of the Royal Society of New South Wates,
Vol. xxxil, pp. 240-255.

IV. THE ADJADURAH NATION.

- The Adjadurah tribe occupied Yorke Peninsula, a long tongue of
land lying between St. Vincent and Spencer Gulfs and reaching
north as far as Crystal brook. Mr. McEntire says these natives
were more similar to the Adelaide tribe than any other; and Mr.
E. M. Curr states that the language of the Adelaide blacks resem-
bled that of those occupying Yorke Peninsula more than the lan-
guage of the natives of the Murray river. I have compiled the fol-
lowing comparative vocabulary of twenty-four words used by both
tribes, selected from four different authors—Teichelmann and
Schiirmann,’ Edward Stevens,? E. McEntire* and E. M. Curr.‘

1 Grammar and Vocabulary of Aboriginal Language Spoken by Natives
of Adelaide (1840), pp. I-176.

* Four. Roy. Soc. N.S. Wales, xxiii, 498-501.

% Folklore, Manners, etc., S. A. Aborigines (1879), p. 63.

4 The Australian Race (1886), ii, 146, 147.

1900.] MATHEWS—SOUTH AUSTRALIAN ABORIGINES. 85
English. Teich. and Sch.| E. Stevens. E. McEntire. E. M. Curr.
Adelaide. Adelaide. Y. Peninsula. } Y. Peninsula.

Kangaroo INamtot sire 7 \|PoA cis arats Munthu Nantoo
Opossum Pilta Billa), S Velie eos Bilta
Dog Kadli Cudlee Kuddelee Kadle
Emu Kari Curree) ||)" bene. Garrie
Crow Ter Peo eh erste |) ete en Gooa
Swan Kudlyo Pemaatatn et Mail, oteathte 4 Guldyoo
Fish Kuya Cooyar Kooya Guya
Egg Braces LWA fa Re te, Oe AI oe Mokka
Head IMiakartaty sf sl) fs sein Kukaa Kakka
Nose Mudla Meedla Mudla Mudla
Eye Mena Meena Midna Minni
Teeth bia ey alt aoc Teeya | Tea
Hand Marra Moora Murra Mirra
Foot Tidna Tidna Thidna Didna
Breasts

(female) Ngammi Wren | BGS oSe Ammie
Blood Kano, pl a “s)|esescice Gerra Garro
Excrement aur ava ne || Ae eae ees aah Malin rere pstcesy Goodnarie
ReaalSjocene || eye Aaa wh Bacace Giea
Fire (Sealey, <P my Rae ee Kudla Gurdla
Smoke RLY ree tel y savstisoe een all eae ee Booyoo
Sun Tindo Tindoo Deento Tintoo
Moon Kakirra Cackera Bigha Birra

or Piki

Star Pim. I eine Boorlee Burlie
DieorDead| ...... Moorloona Barloona Barluna

Besides the affinity of their speech, the Yorke Peninsula and
Adelaide natives had many customsin common. Mr. E. M. Curr,
Mr. E. McEntire and Mr. T. M. Sutton report that circumcision
was practiced on Yorke Peninsula, and the last-named author men-
tions the use of a bullroarer.’

Teichelmann and Schiirmann state that in the Adelaide tribe a
youth was called Pappa after being circumcised; Zur/o was the
name of the circumcisor ; and the being who first taught the rite
to their ancestors was named Yura, who also punished those who
neglected to carry it out. He further says that a bullroarer called
Kadnamangutta was employed im the ceremony. It was a thin, oval
piece of wood, five inches long and an inch and a half wide, tied to a

1 Proc. Roy. Geog. Soc., S. A. Bch., Vol ii, 3d series, p. 17.

86 MATHEWS—SOUTH AUSTRALIAN ABORIGINES, [Jan. 19,

string, by which the natives swung it rapidly round, causing a hum-
ming noise. Females and children were not allowed to see it.

Mr. G. F. Angas reports that circumcision was in vogue among
the Wirramayo tribe, who occupied the vast scrub country to the
northwest of the river Murray, and that an instrument called W7foe
Wettoo, an oval piece of wood fastened to a string of human hair,
was whirled round with great rapidity, producing a loud, roaring
sound."

Owing to the similarity of the dialects of the Yorke Peninsula and
Adelaide tribes, the prevalence of circumcision and other customs,
together with the fact of their being adjoining neighbors, seems to
me to justify the assumption that they were practically the same
people. I have therefore included these two tribes in one nation.
Mr. McEntire and Mr, Sutton say that in the Yorke Peninsula
tribe the children followed the father. Having read all that both
these writers have to say on the subject, [am nevertheless of opinion
that the descent of the children depended directly on the mother,
being led to this conclusion by inquiries I have made from old resi-
dents of that part of the country and from natives of adjacent tribes.
Whether or not they were divided into two intermarrying phratries,
like the nations to the north and west of them, appears to have
escaped the notice of early investigators.

V. THE NARRINYERI NATION.

The tribes composing this nation have been dealt with in my
article on ‘* The Victorian Aborigines,’’* so that a brief reference
will be sufficient in the present treatise. Their territory was chiefly
in South Australia, but extended a little way into the adjoining
colonies of New South Wales and Victoria. Their southern limit
was Lacepede Bay, whence they reached along the coast to Cape
Jervis and up the Murray river almost to the junction of the Dar-
ling (see map). They did not practise circumcision, and their lan-
guage differed from that of their neighbors. The Rev. G. Taplin,
who is the most experienced of the early writers on the customs of
these people, gives no group divisions, and says descent was counted
through the father. In the Barkunjee and Booandik tribes, who

1 Savage Life in Australia and New Zealand, Vol. i, p. 99.
2? American Anthropologist (Washington), xi, 336-343.
3 Folklore, Manners, etc., S. A. Aborigines (Adelaide, 1879), p. 157.

=~

1900. | MATHEWS—SOUTH AUSTRALIAN ABORIGINES. 87

adjoin the Narrinyeri, the descent is on the mother’s side, although
they marry into the phratry of the father, and the children are
brought up in his tribe.

VI. THE Booanpik NATION.

More than three-fourths of the entire area of this nation is situated
on the other side of the boundary between South Australia and Victo-
ria, and their social organization has been described in my paper on
the aborigines of the lattercolony.* I wish torepeat here, however,
that the community is divided into two intermarrying phratries,
called Krokitch and Kamatch. If a man belongs to the Krokitch
division his wife must be taken from among the Kamatch people,
and wice versa—the children taking the name of the phratry to
which their mother belongs.

VII. THe KookxatTHa NATION.

Lying to the west of the Parnkalla, Hillary and Arrabunna Na-
tions, the country is occupied by several tribes, including the Koo-
katha, Geebera, Wirrunga, YiJrea, Warnabinnie and some others.
This aggregate of people will be designated the Kookatha Nation,
and the following is a brief outline of the geographic distribution
of the different tribes composing it.

The Kookatha tribe extends from the Stuart Range, taking in
Lake Phillipson, Mount Eba Station, Wilgena Station, Mount
Finke and Lake Bring. The Geebera people are on the north of
Lake Gairdner. Between the Gawler ranges and the head of the
Great Australian Bight we encounter the Wirrunga, Yilrea, Warna-
binnie and other tribes, inhabiting the coastal districts. The peo-
ple of the interior are more friendly among themselves than with
the coast people, and speak a slightly different dialect. They all
mix together, however, in their great corrobories, and have simi-
lar ceremonies of circumcision, subincision and the enlargement of
the vaginal orifice. The coast tribes do not extract a front tooth
from the upper jaw of the males, but this custom prevails all over
the back country.

In the Geebera tribe, and for a long way westward of them, the
two intermarrying phratries are designated Kookoojiba and Koo-
cheebinga, and the resulting offspring take the name of their

1 American Anthropologist, xi, 331-336.

88 MATHEWS—SOUTH AUSTRALIAN ABORIGINES. (Jan. 19,

mother’s phratry, which may be exemplified in tabular form as
under:
TABLy. Nos 3;

Phratry. Husband. Wife. Offspring.
A Kookoojiba, Koocheebinga, Koocheebinga.
B Koocheebinga, Kookoojiba, Kookoojiba.

Among the coastal tribes, in order to prevent} consanguineous
marriages, the chief old men appoint certain women to be wumree
to certain young men, and the men thus selected are also uumree
to these women. This can be illustrated by supposing that a
woman who is wumree to a certain man has a son and a daughter.
The man, who may be called A, who is also wumree to her, takes
her daughter as his wife, and if he himself has a sister he is sup-
posed to give her to the woman’s son, who would, of course, be his
wife’s brother. ‘Tien the man A and his wife’s brother would _be-
come what the natives call maratho, which signifies that they must
always assist one another in time of danger. A man and woman
who are wzumree, therefore, stand in, the relationship of son-in-law
and mother-in-law. They never speak to one another as long as
they live, and avoid looking at each other if possible, yet remaining
the best of friends.

Female children are betrothed in their infancy to such of the
males as may be entitled to claim them as their wives in accord-
ance with the laws of the tribe. A man is supposed to contribute
something in the way of food to his future wife, until she is old
enough to go and cohabit with him.

Where the law permits, women who have very dark hair and
complexions are appointed wwmree to men whose complexions and
hair are lighter, and wce versa. This distinction in the color is
also apparent in the betrothals, a lighter girl being betrothed to a
darker boy, and a darker girl to a lighter boy. In all cases, how-
ever, the parties who are zzmrce, and also those who are betrothed,
must belong to opposite phratries.*

The tribes who adjoin the Kookatha nation on the west are sub-
stantially the same people in language and customs, and extend
onwards into western Australia. Commencing about Israelite Bay

1The Parnkalla divisions, Kirraroo and Matturri, are known at least as far
west as Murat Bay, owing to the intermarriage of the people of the two nations.

1900. MATHEWS—SOUTH AUSTRALIAN ABORIGINES. 89

and extending a considerable distance westerly and northerly along
the coast of western Australia, the tribes are divided into two inter-
marrying phratriest called Munnichmat and Wartungmat, with
groups of totems attached to each, particulars of which will be given
in another article.

VIII. THe ANDIGARINA NATION.

Bounding the Arrabunna on the northwest are the Andigarina
and friendly tribes, occupying the country up the Alberga river to
the Musgrave range, and onward to the Petermann ranges and
Lake Amadeus, where they meet the Locrudgee tribe. The Andi-
garina and Loorudgee are divided into four sections, called Koo-
mara, Panungka, Bultara and Parulla, particulars of whose inter-
marriages have been dealt with by me elsewhere.* This organiza-
tion, with some modifications in the names of the sections, and in
the order of their intermarriage, extends westward across the colony
of western Australia to the Indian Ocean.*

Lying northward of the Andigarina, and adjoining also the
Wonkaoora and Wankamudla referred to in a previous page, is the
Arrinda tribe, occupying the country at Macumba, Dalhousie,
Charlotte Waters and the Lower Finke river, and stretching north-
easterly a considerable distance. They have the same four sections
as the Andigarina, and their rules of intermarriage and descent are
identical. The Arrinda and Andigarina people have a similar
language.

Northeasterly of the Arrinda are the Yorrawinga and friendly
tribes, located on the Field, Woodroffe and Georgina rivers. They

1 Divisions on the same principle, but differing in the names of the phratries,
are also found on the northeast coast of Queensland, between Cardwell and Cape
Melville. In some places the names are Koorabunna and Kooragoola—in others
Darboo and Tooar—in others Chunna and Jaypar, and so on,

Proc, AMER, PHILOS. SOC. PHILA., xxxvili, 79.

8’ Among the Weedokarry tribe in western Australia, the following table shows
he names of the four sections and their rules of intermarriage and descent :

Phratry. flusband. Wife. Offspring.
A f Butcharrie, Burronga, Banaka.
i Kurrimurra, Banaka, Burronga.
B { Burronga, Butcharrie, Kurrimurra.
Banaka, Kurrimurra, Butcharrie.

90 MATHEWS—SOUTH AUSTRALIAN ABORIGINES. (an. 19.

have four intermarrying divisions named as follow: Koomara, Bel-
thara, Gaballa and Deringera. ;

Adjoining, but farther to the northward than the Andigarina,
Loorudgee, Arrinda and Yorrawinga people, are a number of tribes
who are distinguished by having eight intermarrying divisions, in-
stead of two, or four, as in the communities herein described. This
eight-section organization extends northerly to the Gulf of Car-
pentaria and Cambridge Gulf, and will be dealt with in another
article.

The language spoken by the Arrindaand allied tribes, and reach-
ing a long way into the eight-section system, has been ably studied
and explained by the Rev. H. Kempe.?

EXPLANATION OF THE Map.

I. The Parnkalla Nation.—This is the largest nation in South
Australia, occupying a territory of upwards of 700 miles in length,
by a maximum width of 300 miles. In consequence of the immense
tract occupied, it has been thought advisable to locate on the
map certain communities, consisting of one or more of the tribes ,
constituting the nation. ‘These communities are represented as
Nos. 1 to 10 on the map, and are all divided into the two phratries,
Matturri and Kirraroo, already explained. The names of some of
the principal tribes in each community are as follow: No. 1, Parn-
kalla, Nauo, Willewroo and Kooapidna tribes. No. 2, Nookoona
and Eeleeree. No. 3, Kooyeeunna and others. No. 4, Kutchna-
mootha. No. 5, Pilladapa. No. 6, Dieyerie. No. 7, Ahminie.
No. 8, Wonkaoora and Wonkamudla. No. 9g, Arrabunna. No. 10,
Hillary, Kakarraru and Yallingarra tribes.

II. The Yowerawarrika Nation.—The principal tribes compos-
ing this nation are the Yowerawarrika, Yandrawontha, Wonka-
murra, Mullinchie, Kullally and others.

III. The Barkunjee Nation, extending into New South Wales,
has two intermarrying phratries, Muckwarra and Keelparra, and the
offspring belong to their mother’s division.

IV. The Adjadura Nation, comprising the tribes on Yorke Pen-
insula and around the district of Adelaide.

1«A Grammar and Vocabulary of the Language Spoken by the Aborigines of
the MacDonnell Ranges, South Australia,” Zrans. Roy. Soc. S. Australia, Vol.

xiv, pp. I-54.

Proceedings Amer, Philos, Soc, Vol, XAXIX No, 161, Plate VI,

yo
ra

pos

Ale x
or

gees

*™ |
Oddnadatta . p a/.
> ~™ an = =< ferigundi

Lake
Phillipson

EVAL

rs - ~ v Bo? Waring
nge

gy, oWilgena dst? =i

7) Tribes

im Subincisiorn

Map showing Divisions of South Australian Aborigines.

Pa
hy

my

4
: AL rh |
ye

1900.] MATHEWS—SOUTH AUSTRALIAN ABORIGINES. 95

V. The Narrinyeri Nation.—This and the next following nation,
VI, have been described by me in Zhe American Anthropologist,
Vol. xi, pp. 331-343.

VI. The Booandik Nation, reaching into Wie toa There are
two phratries, Krokitch and Kamatch, the men of the one marrying
the women of the other.

VII. The Kookatha Nation.—The principal tribes are the Koo-
katha, Wirrunga, Yilrea, Warnabirrie and others.

VIII. The Andigarina Nation, consisting of the Andigarina,
Loorudgee and Arrinda tribes, with four intermarrying divisions, as
explained in the text of this paper. To show the wide geographic
range of this system, it is interesting to notice that on the Batavia
river, in the extreme north of Queensland, the Joongoonjee tribe
is divided into two intermarrying phratries, called Chamagunda
and Gamanutta; the former is subdivided into two sections, named
Langename and Namegoore, and the latter into two, called Pack-
wicki and Pamarang. ‘The children of both sexes belong to the
same phratry as their mother.

There are no feminine equivalents for these section names, but
each phratry has a coliection of totems, which the natives call edee?,
some of which are the emu, dingo, rock, bamboo, wood, crow, fire,
kangaroo, carpet-snake, sea, shark, sun, black-duck, rat, pigeon,
fresh water.

The reader’s attention is invited to a line (see map) from Port
Augusta, passing east of Lake Frome and entering the New South
Wales boundary south of Tilcha. All the tribes to the west,
northwest and north of this line practice the rite of splitting the
penis in addition to that of circumcision. ‘There is a belt of coun-
try, including Yorke Peninsula, Adelaide, Bundalear, and extend-
ing into New South Wales, in which circumcision only is in force ;
the southeastern limit of this tract is also delineated upon the map
as far as the New South Wales boundary. From the latter point
onward, through the Australian Continent to the Gulf of Carpenta-
ria, the position of the line separating the tribes who practice cir-
cumcision and splitting the penis from those among whom neither
custom is in vogue, is defined on maps accompanying contributions
by me to» different societies.’

1 Fourn. Roy. Soc. N. S. Wales, xxxii, 240-255, Pl. xii; Proc. AMER.
PHILOs. Soc. PHILA., xxxvii, 327-336, Pl. xiii.

94 MINUTES. [Feb. 16,

Stated Meeting, February 2, 1900.
Present, 28 members.
Vice-President BARKER in the Chair.

A letter was read from Dr. Samuel G. Dixon, presenting, on
behalf of a few friends of the late Dr. Joseph Leidy, a por-
trait of him, by Mr. James L. Wood, copied from that by
Mr. Bernard Uhle, in the Academy of Natural Sciences of
Philadelphia.

On motion the best thanks of the Society were ordered to
be transmitted to Dr. Dixon and the other friends of the late
Dr. Leidy, to whom this Society is indebted for this valued
oift.

The deaths of Dr. William A. Hammond, Surgeon-Gen-
eral U. 8. A., retired, and of S. Dana Greene, of New York,
memibers of the Society, were announced.

Vice-President Barker delivered the Annual Discourse.

Stated Meeting, February 16, 1900.
Present, 21 members.

A letter was read from Mr. R. H. Mathews, mentioning a
tour he had recently made amongst the aborigines of west-
ern Australia.

The deaths were announced of the Hon. John B. Stallo,
at Florence, Italy, and of William Henry Green, D.D., at
Princeton, N. J., members of the Society.

Mr. Wilcox exhibited a specimen of andalusite from Cali-
fornia, and spoke in regard to the formation of the mineral.

Dr. Morris spoke in relation to the changes of glass in New
Mexico and elsewhere, which was discussed by Messrs. Wil-
cox, Wistar, Greene and Sachse.

The Society then proceeded to the election of members, and
the Tellers announced the election of

Thomas George Morton, M.D., of Philadelphia.

Wilham Aldis Wright, LL.D., of Cambridge, England.

The Society was then adjourned by the presiding officer.

we)
Ot

1900. | MINUTES.

Stated Meeting, March 2, 1900.
Vice-President BARKER in the Chair.
Present, 17 members.

Dr. Thomas George Morton and Mr. J. Rodman Paul,
newly elected members, were presented to the Chair, and
took their seats in the Society.

Letters were received from Dr. Thomas George Morton
and Dr. Frederick W. True, acknowledging their election to
membership, and accepting the same.

The list of donations to the Library was laid on the table,
and thanks were ordered for the same.

The meeting was adjourned by the presiding officer.

Stated Meeting, March 16, 1900.
Vice-President WISTAR in the Chair.
Present, 8 members.

Letters accepting membership in the Society were read
from Hugo A. Rennert, Gustav Schlegel, Charles D. Sigsbee
and William Aldis Wright.

Letters were also read from the President of the Interna-
tional Congress of Colonial Sociology, to be held at Paris
during 1900, and from the Committee of Organization of the
International Geological Congress, to be held at Paris in
August, 1900, in the latter case inviting the Society to
appoint one or more delegates to the Congress.

On motion, the President was authorized to appoint one or
more delegates from this Society.

The Librarian reported the receipt of a medal struck in
honor of Sir George Stokes on the occasion of his recent
anniversary.

He also presented from Sir Richard Tangye an autograph
letter of Benjamin Franklin to Samuel Huntingdon, President
of Congress.

96 HAY—VERTEBRATES OF CARBONIFEROUS AGE. [March 16,

Communications entitled ‘‘ Descriptions of Some Verte-
brates of the Carboniferous Age,’’ by O. P. Hay, of the
American Museum of Natural History, and ‘‘ Native Tribes
of Western Australia,’’ by R. H. Mathews, were presented.

The Society was then adjourned by the presiding officer.

DESCRIPTIONS OF SOME VERTEBRATES OF THE
CARBONIFEROUS AGE.

(Plate VII.)

BY O. P. HAY,
OF THE AMERICAN MUSEUM OF NATURAL HISTORY, NEW YORK,

(Read March 16, 1900.)

The following descriptions are based partly on materials which
belong to the United States National Museum, partly on materials
collected by members of the United States Geological Survey, and
partly on a small ,but very interesting collection which belongs to
Mr. L. E. Daniels, of La Porte, Indiana. In the last-named col-
lection are included several specimens of a fossil fish which proba-
bly belongs to Dr. Newberry’s L/onichthys peltigerus and one speci-
men of Prof. Cope’s Amphibamus grandiceps.

A few scales of fishes have also been received for examination
from the Peter Redpath Museum, Montreal.

Dirropus Latus (Newb.).

Diplodus latus, Newberry, J. S., Proc. Acad. Nat. Sct. Phita., viii,
1856, p. 99; Newberry and Worthen, Geo’. Surv. Lllinois,
ii, 1866, p. 59, Pl. iv,, Figs. 1-8; Newberry, J.°S.4.Geae
Surv. Ohio, i, 1873, Pt. 2, p. 3365, Geol. Surv. Ohio, items.
Pt. 2, p. 44, Pl. lviii, Figs. 1-1"; Woodward, A. S., Caz. Foss.
Fishes, Pt. i, 1889, p. 12; Destinez,’"P., 427; SoriGeee
Belg., xxiv, 1898, p. 220.
Dissodus latus, Miller, S. A., WV. Amer. Geol. and Patl., 1889,
ps 714.
A nodule bearing Mr. Daniels’ No. 17, from Mazon Creek, IIli-
nois, had originally enclosed a tooth of this species of Elasmo-
branch. ‘The tooth itself had been almost wholly dissolved out of

1900.1] HAY—VERTEBRATES OF CARBONIFEROUS AGE. 97

the matrix, so that with a little careful cleaning a mold was ob-
tained, into which wax was pressed and thereby a satisfactory resto-
ration of the tooth obtained. The tooth resembles most closely
the figures of the species published in the second volume of the
Geological Survey of Lllinois, Plate iv, Figs. 1-1°. The height of
the longest cusp from the lower surface of the base of the tooth is
zomm. ‘The edges of the compressed cusps had evidently been
serrated. The base is prolonged backward, furnished with a button
posteriorly and above, flat on the lower or attached side, and with
a downwardly projecting tubercle near its front border.

This species was originally reported by Dr. Newberry from the
coal-measures of Linton, Ohio. In 1866 it was announced from
the coal-measures of Posey county, Indiana. Mr. A. S. Woodward
states that it has been found in Illinois, but he probably so inferred
from its being described in the Illinois Geological Survey reports.
So far as I am aware, it has not hitherto been known from that State.
It furnishes another proof of the close relationships of the faunz of
the Linton and the Mazon creek beds. Destinez, as above cited,
has reported the species from Belgium.

DITTODUS LUCASI, sp. nov.

This species appears to be quite distinct from any described up to
this time. The possessor of this tooth has been a fish of considerable
size. The height of the longer of the two prin-
cipal cusps is 18 mm., that of the shorter 15
mm., the measurements being made from the
lower surface of the base. The tips are sepa-
rated by a space of 16 mm. The cusps are
compressed and furnished with carinz on the
edges. The latter have not, so far as I can
determine, been serrated. The form of the
cusps does not differ essentially from those of
D. compressus (Newb.). Between the main
cusps, standing at the very front border of the tooth and projecting
farther forward than the main cusp, is a very distinct median cusp.
Its height, measured from the lower surface, has been about 7 mm.,
possibly more. The characteristic feature of the tooth is found in its
small base. This, when compared with such aspecies as D. /atus, is
weak. The width of the base (parallel with the jaw) is 10 mm.;
the length (transverse to the jaw) is only 7 mm. On each side of

Fic. 1. Dittodus lucasi.

PROC. AMER. PHILOS. soc. xxx1x. 161. G. PRINTED APRIL 17, 1900°

98 HAY—VERTEBRATES OF CARBONIFEROUS AGE. [March 16,

the midline of the base, on its posterior edge and directed backward,
isa tubercle about 2mm. long. There is no indication of any
button. The plane of the main cusps makes an obtuse angle poste-
riorly with the plane of the lower surface of the base—that is, the
main cusps project forward very distinctly. This species bears some
resemblance to D. compressus (Newb.), but a close comparison
with the descriptions and figures of that species makes it evident
that it is not the same. Newberry’s species had all the denticles,
even the median one, distinctly crenulated. The base of D. Jucast
is evidently of a different pattern. Newberry regarded D. com-
pressus as being closely related to D. /atus, but concluded that it
possessed a smaller base, the dimensions being three lines long by
two and one-half wide. O. St. John describes and figures the species
(Final Report U. S. Geol. Survey Nebraska, 1872, p. 240, Pl. iv,
Figs. 19", 19”). The base is shown to be narrower than long and
to have an obtuse tubercle projecting downward anteriorly. The
base of D. Zucasz is broader than long and possesses no such tubercle.

The iron-stone nodule which furnishes the mold of this tooth
bears the United States National Museum’s catalogue No. 4338 and
also Prof. Cope’s symbol, F, 3, it having evidently been in his
hands as a part of the Lacoe collection which he described. How-
ever, it was not named by Prof. Cope. It is from the coal-measures
of Mazon creek, Illinois.

This species is named in honor of Mr. Frederick A. Lucas, Cura-
tor of the Department of Comparative Anatomy, United States
National Museum.

CLADODUS GIRTYI, sp. nov.

This species, which appears to be distinct from any hitherto de-
scribed, was collected in the coal-measure deposits of Colorado
by Dr. George H. Girty, of the United
States Geological Survey, and it is named
in his honor. It is represented by a single
tooth.

This consists of the base, a large median
cusp and two smaller cusps on each side of
the median one. Of the lateral cusps, the
one on each side next to the main cusp is
missing, but the size of these may be in-
ferred from the size of the stumps remaining. ‘They couid hardly
have been much smaller than the outside cusps. The base has a

Fic. 2. Cladodus girtyi.

1900. ] HAY—VERTEBRATES OF CARBONIFEROUS AGE. 99

width (measured parallel with the jaw) of 15 mm., and a length
(measured across the jaw) of 5 mm. The outline of this base
is somewhat excavated in front beneath the central cusp, forming
a sinus, and projects somewhat both forward and downward just
below each first lateral cusp. The central cusp has a héight of
12.5 mm., measured from the under side of the base; while the
outer cusps, measured in the same way, have a height of 7 mm.
The main cusp has, at the base, a width of 4.5 mm. and is of a
lanceolate form. It has a sigmoid flexure, the profile being, just
above the base, convex in front; just below the tip, concave in
front. The outer lateral cusps are straight and rather stout in
form. ‘The section of the main cusp is lenticular, or nearly semi-
circular, the anterior outline being much less convex than the poste-
rior. Theedgesare trenchant. The anterior face of the main cusp is
ornamented by about a dozen sharp costz, separated by rounded
grooves. Of these costz, the median ories run up three-fourths the
way to the tip of the tooth. Those nearer the edges are succes-
sively shorter. The posterior face of this cusp is similarly orna-
mented.

The lateral cusps have a hexagonal section, the sides of the
hexagon being concave outwardly. Seen from the front, these
cusps each present three sharp costz separated by broad rounded
furrows.

This species resembles in various respects certain other species.
Cladodus gracilis N. and W., of the coal-measures of Indiana, has
the median cusp marked by a few coarse, sharply-prominent striz,
but these are said to be somewhat irregular. The lateral denticles
are very long, slender, nearly cylindrical and coarsely striated.
Cladodus intercostatus St. J. and W., of the upper Burlington
deposits of Iowa and Illinois, also possesses certain resemblances.
However, the postero-superior surface of the base of that species is
said to be ‘‘surmounted near the posterior margin by a laterally
elongated, narrow, roughened prominence, equal to about half the
lateral diameter of the base’’; of this I find no indications in
C. girtyi. The ornamentation of the cusps of the two species is
also evidently much different.

It might be supposed that the species here described is more
likely to be identical with C. mortifer N. and W., a species of
the coal-measures of Illinois, Indiana, Iowa, Nebraska and Kansas,
But aside from other differences, €. mortifer is described and fig-

100 HAY-—VERTEBRATES OF CARBONIFEROUS AGE, [March 16,

ured as having a pair of conspicuous pads or bosses on the posterior
part of the upper surface of the base. C. girtyi shows nothing what-
ever of this character. The only structure of this kind is the pair
of protuberances found on the front of the lower surface of the
base. The lateral cusps of C. mortifer aré also said to possess
sharp cutting edges and strong, sharp strie. Good figures of
C. mortifer may be found in St. John’s paper in Hayden’s Final
Report of the Geology of Nebraska, Pl. iii, Fig. 6, and Pl. vi,
Fig. 13; and inthe posthumous paper by Dr. Newberry, Z7ans.
WV. Y. Academy of Sciences, vol. xvi, Pl. xxii, Figs. 2-2*.

Cladodus occidentalis Leidy also is marked by a pair of bosses
on the hinder part of the upper surface of the base. The distinct-
ness of C. mortifer from C. occidentalis is questionable.

SAGENODUS.

In making a study of the scales of this genus I have had, thanks
to the generosity of the authorities in charge of the vertebrate
collections of the United States National Museum, access to the
type specimens of the species described by Prof. E. D. Cope in a
posthumous paper published in volume xxxvi of the PROCEEDINGS
OF THE AMERICAN PHILOSOPHICAL SOCIETY, in the year 1897.
Besides these scales, there are a few others belonging to the
National Museum, which were presented, as were Prof. Cope’s
types, by Mr. Lacoe; but which Prof. Cope seems not to have
examined. I have also had the privilege of examining still other
specimens of the genus, which had been obtained from Mazon
creek, Illinois, by Mr. L. E. Daniels, and which yet belong to his
private collection. All these have been carefully studied and
compared. The result is that I recognize as valid seven out of the
ten species described by Prof. Cope. This writer relied much on
the forms of the scales in his identifications of the species ; but a
close examination of a series of scales will quickly shake one’s
confidence in the validity of this character. I have examined also
the scales on a specimen of the existing Ceratodus, with which
Sagenodus was certainly closely allied, and I find that there is a
considerable variation in the forms of the scales on different parts
of the body. In the region near the shoulder-girdle they are
usually broad and with truncated posterior border; toward the
tail the scales are more elongated and pointed. Besides these, the
head is covered with a few very large scales which differ in form

1900.] HAY—-VERTEBRATES OF CARBONIFEROUS AGE. 101

from those on the body. I am convinced that we must rely more
on the arrangement of the system of nutrient canals found in these
scales, and on the sculpture of the surface. The availability of
both these characters depends somewhat on the perfection of
preservation of the scale, but usually they can be satisfactorily
determined.

To the writer it seems highly probable that the fishes of this
genus, like their existing relatives, lived in fresh waters, probably
in rivers which emptied into the sea in which the Mazon creek
deposits were formed.

In such cases, when the fishes died, their bones would be left in
the bottom of the rivers where they had lived, while numbers of
their scales would be likely to be carried to the sea. This may
account for the fact that no portions of the bony skeletons of any
of the species has yet been found in the regions of Mazon creek.

If it appears remarkable that even seven species of the genus
should be found entombed in one locality, we may suppose that
possibly these inhabited as many branches of some great river and
therefore were, when living, denizens of widely separated regions.

It may further be said that it is not wholly certain that the
species described here as members of Sagenodus really belong to
that genus. So far as regards ornamentation, none of the scales
here called Sagenodus much resemble the figure of the scale of
the type of the genus (.S. e/egans) given by Hancock and Atthey.?
However, Fritsch? has presented much better figures of the same
species, and these appear to possess the generic characters of our
specimens.

SAGENODUS OCCIDENTALIS (Newb. & Worth.).

Rhizodus occidentalis, Newberry and Worthen, Geol. Surv. Lllinots,
ii, 1866, p. 19, Fig. 2; Geol. Surv. Llinois, iv, 1870, Pl. iv,
Fig. 1; Newberry, J. S., Pad. Fishes NV. Amer., 1890, p. 192 3
Miller, S. A., V. Amer. Geol. and Pal., 1889, p. 611, Fig.
1173 5. Woodward, A.>S., Cat. Loss. Fishes, Pt. 1, 189%, p.
348 (referred with doubt to Strepsodus).

Sagenodus occidentalis, Cope, E. D., Proc. AMER. PHILOS. Soc.,
Xxxvi, 1897, p. 75, in part; Williston, S. W., Kansas Univ.
Quart., vili., 1899, p. 177.

1 Ann. Mag. Nat, Hist. (4) vii, 1871, Pl. xiii, Fig. 3.
2 Fauna der Gaskohle, ii, 1888, Pl. 1xxx.

102 HAY—VERTEBRATES OF CARBONIFEROUS AGE. [March 16,

Megalichthys occidentalis, Hay, O. P., Amer. Naturalist, xxxiii,
1899, p. 787.

Sagenodus brownie, Cope, E. D., Proc. AMER. PuiLos. Soc.,
XXXVi, 1897, p. 81, Pl. i, Fig. 7; Williston, S. W.; Kansas
Univ. Quart., viii, 1899, p. 177.

This species was briefly described by Newberry and Worthen in
1866, as above cited, and was illustrated by a wood-cut. This
presented the general characteristics of the scale, but did not show
well the system of nutrient canals. ‘The same author’s figure of
the species published in 1870 also failed to show adequately the
canals. In Prof. Cope’s posthumous paper of 1897 the species was
first referred to Sagenodus.

In his synopsis of the species of the genus, on page 76, he says of
SS. occidentalis, ‘‘ Concentric lines conspicuous ; tessellations and
radii not conspicuous.’’ By ‘‘ tessellations’’ was meant the areas
formed by the network of canals, and by ‘‘ radii’’ the excessively
fine lines which radiate from the central part of the scale toward
the free border. However, the conspicuousness both of the canals
and of the radiating lines depends much on the character of the
fossilization, one or the other being often effaced. This must be
taken into account in considering the species. I have before me
a specimen (Daniels’ No. 13) which has a great resemblance to
Newberry and Worthen’s original figure. It is, however, propor-
tionately longer, its width being nearly equal to its length, while
the figure referred to is somewhat wider than long. ‘The scale is
also smaller than that figured by Newberry and Worthen, the
length being 33 mm. There is a border of conspicuous concentric
lines, and the free border is minutely striated. But there is also a
very conspicuous system of nutrient canals. ‘This system consists
of one set which start from the centre of growth of the scale and
radiate, some toward the attached border of the scale, others
toward the free border. An upper area of the scale is occupied by
similar canals, which, starting at the upper extremity of the
attached border, pass somewhat toward the centre; then, turning
again backward and upward, come out on the upper side of the
free border. A lower area of the scale is similarly marked. A
second set of canals runs approximately at right angles to the set
just described and unites them, thus dividing the scale into little
areas which are more or less regular parallelograms. In another
specimen (Daniels’ No. 12) the centre of growth of the scale is

1900.] HAY—VERTEBRATES OF CARBONIFEROUS AGE. 103

occupied by patch of some size in which the meshwork of the canals
is very irregular. In Newberry and Worthen’s figure a large
portion of the scale is occupied by such an irregular meshwork.
This may have been due to imperfections of the scale or to errors
of observation. At least, I cannot doubt that the scale before me
belongs to the same species as that described by the authors
named. ‘The figures presented by the same authors in volume iv
of the Geological Survey of Lliinois, Pl. iv, Fig. 1, show a scale
differing from the other considerably in form and ornamentation,
yet doubtless belonging to the same species. Here the centrally
placed irregular meshwork occupies much less space. ‘The radiat-
ing canals are shown, but are not conspicuous; and the fine strize
are not shown at all. In fact, the latter are so fine that they could
be truly represented only in an enlarged view of the surface. A
very similar scale (Cope’s F, 99) has been identified by Prof.
Cope (op. cit., p. 77) as S. occidentalis, as well as others less
perfectly preserved (Cope’s F, 19, 20; not F, 1, 2). In these the
nutrient canals are present, but represented by very fine lines and
thus not conspicuous. ‘The fine striz, when looked for under a
lens, occupy a large portion of the surface of the scale.

If I am correct in my identification of the scale spoken of above
as bearing Daniels’ No. 13, then I must regard as a synonym of
Sagenodus occidentalis the scale described and figured by Prof. Cope
under the name Sagenodus brownie, as cited above in the
synonomy. I find nothing to distinguish it from Daniels’ No. 13,
except size, and this cannot be considered. The form of the scale
is very much like the original figure published by Newberry and
Worthen. Prof. Cope mentions S. occidentalis in connection with
his S. drownt@, but states that the areolation of the latter is coarser
than in any other species. Prof. Cope’s figure of S. drownie is
faulty in that it represents the scale too broad.

SAGENODUS QUADRATUS (Newb.).

Rhizodus quadratus, Newberry, J. S., Geolog. Surv. Ohio, i, Pt. 2,
1S 73,3435 El. xxxix, Fig. 83. Fel. fishes IV. Amer., 1800,
piaoglbesicve|s Eo, Ler, Hoss. Lenn... \, 1890; Pp. Sos
Woodward, A. S., Cat. Foss. Fishes, Pt. ii, 1891, p. 262
(Sagenodus suggested).

Sagenodus quadratus, Cope, E. D., Proc. AMER. PHILOos. Soc.,
EXXVi, 15Q7..pp-, 76, 7'7-

Dr. Newberry, as above cited, described very briefly and figured

104 HAY—VERTEBRATES OF CARBONIFEROUS AGE. [March 16,

somewhat imperfectly this species under the name Rhizodus
guadratus. Excepting that Mr. Woodward has suggested that the
species belongs to Sagenodus, no additional information of im-
portance has been published since 1873. Prof. Cope, indeed,
mentions the fact that he had in his hands a single scale belonging
to the portion of the Lacoe collection described by him and
collected at Mazon creek, Illinois, and which he thought might
belong to S. guadratus.

Dr. Newberry’s figure represents well the form of the scale and
the system of concentric lines. The system of nutrient canals is,
however, very inadequately shown; perhaps they were not well
displayed in the specimen figured. In my hands are two scales
from Mazon creek (U.S. Nat. Mus. Cat., No. 5429 from Lacoe col-
lection, and Daniels’ No. 9) which I have no hesitation in refer-
ring to Newberry’s S. gwadratus. These scales have the size and
the subquadrate form which characterized the original and also the
conspicuous concentric lines of growth. One of these (U. S. Nat.
Mus. Cat., No. 4429), looked at casually, shows little more of the
system of canals than appear in Newberry’s figure. The other
specimen displays them with great conspicuousness. ‘This scale
differs in size from that of Newberry’s figure by only a trifling
amount ; one of its posterior angles is more rounded off; the
attached border is also much rounded ; while the free border is
slightly concave.

The surface of the scale, for purposes of describing it, may be
divided into four fields, viz.: (@) an anterior, which includes all
anterior to a line drawn across the scale somewhat in front of the
centre of growth and therefore occupying the anterior third of the
scale ; (2) a posterior, which is included between lines drawn from
the centre of growth to each of the two posterior angles of the
scale; (c) and (d@), upper and lower fields which occupy the
remainder of the surface. ‘The field (@) is occupied by a meshwork
of nutrient canals, the cells of which are more or less square, very
small near the anterior border, but growing coarser and more
irregular near its posterior limit. The triangular field (4) is oc-
cupied by canals which radiate from the centre of growth to the
free border of the scale. ‘These lie close together and are con-
nected at intervals by cross canals. The resulting cells are usually
narrow and two to four times as long as wide. ‘The intervals
between the radiating canals are filled with very fine striz which

1900.] HAY—VERTEBRATES OF CARBONIFEROUS AGE, 105

radiate from the centre of growth, and the observance of which
require the use of a lens. The fields (c) and (@) are occupied by a
very few nutrient canals which form a few large cells. The most
conspicuous of these canals run from the centre of growth to the
upper and lower borders. It is in these two fields that the system
of concentric lines is most strongly developed. Another scale (U.
S. Nat. Mus., No. 4429) does not display nearly so well the system
of nutrient canals, but the remainder of the ornamentation is well
shown. A third quadrate scale from the Lacoe collection (U. S.
Nat. Mus. Cat., No. 4426) is the largest I have seen, having a
length of 94 mm. and a breadth of 62 mm. It has the characters.
of the species well displayed. j

In the portion of the Daniels’ collection in my hands for descrip-
tion is another scale (Daniels’ No. 8) which is of oval form, 45 mm.
long by about 29 mm. wide. The ornamentation, including the
network of canals of this scale, is identical with that of the scale I
have above described as S. guadratus. No character except form
will separate the two. Another scale ( Daniels’ No. 19) has a length
of 68 mm., a width of 48 mm., and an oval form. I cannot
hesitate to place both of these in S. guadratus.

In Prof. Cope’s paper already cited, on p. 77, he refers certain
scales belonging to the Lacoe collection to S. occidentalis, and
among them one whose two impressions are labeled F. 1, F.
2.1 This scale is 40 mm. wide and 50 mm. long. I find few
characters which would permit it to be referred to S. occzdentalts,
while most of the characters of S. guadratus are present. I have
hesitated to place it here because the area, including the centre of
growth, which in most specimens is occupied by a rather coarse
areolation, is in this scale broken up into an extremely fine mesh-
work ; but the other scales differ among themselves in this respect.
In form, the scale is closer to the typical S. guadratus than are the
other oval forms that I have referred to this species, being propor-
tionally broader and having the anterior and posterior borders
more broadly rounded. It is also, as regards form, as far removed
from the original specimens of S. occidentalis as it is from those of
S. guadratus.

The scale mentioned by Prof. Cope as probably belonging to S.

1In the paper referred to, these scales are designated by the symbols “ Figs. I-
2, I9-20, 99.” This is probably an editorial error for F, 1, 2; 19, 20; 99, which
symbols we find on the specimens,

106 HAY—VERTEBRATES OF CARBONIFEROUS AGE. [March 16,

guadratus, but as having an entirely exceptional form, is undoubt-
edly rightly identified. Its sculpture is in all respects like that of
the specimen that I have above somewhat minutely described, ex-
cept that the centre of growth is filled up with a very fine mesh-
work of canals. In this respect it resembles the broadly oval scale
above mentioned. The scaie now being considered has a depth of
38 mm. and a length of only 24 mm. _ It bears the U. S. National
Museum’s Cat. No. 4388.

SAGENODUS RETICULATUS (Newb. and Worth.).

Rhizodus reticulatus Newberry and Worthen, Geol. Sur. Ji1.,
1870, iv, p. 349, Pl. iii, Fig.9 (not Figs. 13, 14); Wood-
ward, A. S., Cat. Foss. Fishes, Pt. ii, 1891, p. 262 (referred
with doubt to Sagenodus).

Sagenodus reticulatus Cope, Proc. AMER. PHILos. Soc., xxxvi,
1897, p. 78, Pl. i, Figs. 2, 3; Williston, S. W., Kansas Univ.
Quart., viii, 1899, p. 177-

Sagenodus magister Cope, Proc. AMER. PHILOS. SOC., xxxvi,
1897, p. 81, Pl. i, Fig. 8; Williston, S. W., Kansas Univ.
Quart., viii, 1899, p. 177.

In the report of the Geological Survey of Illinois, vol. iv, as
above cited, Newberry and Worthen described the species AAzzo-
dus reticulatus and illustrated it by three figures (Pl. iii, Figs. 9,
13,14). Prof. Cope, writing in 1897, as cited, concludes that two
distinct species were involved in the original description and
figures and, judging from the materials before me, I believe that he
was correct. Prof. Cope then, as he had an undoubted right to do,
restricted Newberry and Worthen’s specific name to their Figure 9
and referred the other Figures 13, 14 to his own new species S.
quincunciatus. It is unfortunate that the figure of the type is such
an unsatisfactory one. Prof. Cope’s figure of S. recticulatus shows
auite well its characters. He states that the longitudinal striz of
the distal border are not interrupted by any concentric lines, but
the latter are nevertheless present in the specimen that he has fig-
ured. The agreement of these scales in form with that figured by
Newberry and Worthen (Fig. 9) makes it reasonably certain that
they all belong to the same species.

A careful study of Prof. Cope’s types of his S. #agister and com-
parison of them with the scales which he has identified with 5S.

1900.] HAY—VERTEBRATES OF CARBONIFEROUS AGE. 107

reticulatus has convinced me that they belong to the same species
of fish. A comparison of Prof. Cope’s figures of the two alleged
species will show that they do not differ greatly in form or in
sculpture. S. veticudatus as figured has its free extremity consider-
ably narrowed, but another scale identified by Prof. Cope as S.
recticulatus (U.S. Nat. Mus. No. 4389 = Cope’s F, 58) has this ex-
tremity narrowed as little as it isin S. magzster. The scales as-
signed to the latter name are indeed much larger, but the scales
of a young fish are naturally smaller than those of an old
and larger one. The system of canals in both lots of scales
covers the greater part of the surface with a fine meshwork. Only
a patch near the upper border and another near the lower border
have the areolation coarser. The coarseness of the areolation on
the upper border of Prof. Cope’s Figure 2 is exaggerated, those
large cells being subdivided by finer canals which are not figured.

This species must not be confounded with that recorded as Sage-
nodus reticulatus Newberry by Mr. A. S. Woodward in his Cafa-
logue of Fossil Fishes, Part ii, p. 26, and which was originally de-
scribed as Crenodus reticulatus.‘ The reference of both Crenodus
reticulatus and Rhizodus reticulatus to Sagenodus makes it neces-
sary that the later described species, C. retécu/atus, shall receive a
new name. It may be called Sagenodus jugosus, in allusion to the
seven radiating ridges on the crown of the tooth on which the
species was based.

SAGENODUS FOLIATUS Cope.

Sagenodus foliatus Cope, E. D., PRoc. AMER. PHILOs. Soc., xxvi,
1S07),, Deapie bl. tj. bigs 1; Williston, (5: W.,. Kansas. Ong:
Quart., vili, 1899, p. 177.

The form and the character of the meshwork of nutrient canals
are shown in Prof. Cope’s figure cited above. ‘That figure, how-
ever, presents too conspicuously the system of concentric lines.
The strize which Prof. Cope describes are not indicated in the fig-
ure, and indeed could hardly be represented on account of their
fineness. ‘These striz may, with a good lens, be seen to occupy a
considerable portion of the surface of the scale. A feature of the
network of nutrient canals is that one set of these radiate from the
centre to all parts of the border of the scale. ‘They lie close to-
gether and are frequently connected by cross canals, so that rows

1 Geological Survey of Ohio, ii, 1875, p. 60.

108 HAY—VERTEBRATES OF CARBONIFEROUS AGE. [March 16,

of nearly square cells run out in all directions from the centre. I
have seen no specimens except those described by Prof. Cope (U. S.
Nat. Mus. Cat. Nos. 4372, 4394).

SAGENODUS LACOVIANUS Cope.

Sagenodus lacovianus Cope, E. D., Proc. AMER. PHILOs. Soc.,
XXXVI, 1997, p-. 79, El. i, Fig. 55> Williston, 5. W., Aways
Univ. Quart., viii, 1899, p. 177.

Sagenodus conchiolepis Cope, E. D., Proc. AMER. PHILos. Soc.,
AXXV1, 1697, D-. 79, b:.1, Pig: 4:

Sagenodus conchiopsis (conchiolepis), Williston, S. W., Kansas
Cniv. Quart., 1899, viii, p. 177.

I regard as identical the two species which Prof. Cope has de-
scribed and figured as above cited. In form the types differ in that
S. lacovianus narrows somewhat toward the free margin and is
more pointed, while S. conchiolepis is slightly wider posteriorly and
is more truncated ; but nothing can be based on such differences.
As regards the ornamentation, I find nodifferences. The type of S.
conchiolepis is said to have the tessellated area continued to the edge
of the scale, but this depends to a great extent on perfection of
preservation, and with a good lens may be observed in places even
in the type of S. /acovianus. Prof. Cope was mistaken, too, I
think, when he said that in the type of .S. dacovianus there are no
concentric lines except one coarse one. A number of others are
present, but they require mostly the use of a lens. Prof. Cope
stated that the sculpture of .S. conchiolepis, as in S. reticulatus, radi-
ates from near the proximal end. ‘This I regard as an important
character. An examination shows that in the types of both S.
lacovianus and S. conchiolepis the centre of growth is at the ex-
treme anterior end of the scale. In one of the specimens (U. S.
Nat. Mus. Cat. No. 4391 = Cope’s F, 59, 60) which Prof. Cope
has identified as S. refécudatus a considerable number of growth-
lines may be seen sweeping around in front of the centre of growth ;
so that, where the sculpture is well shown, this character may be
employed to distinguish the scales. In the specimen of S. retecu-
Jatus referred to, the centre of growth is removed from the anterior
border of the scale one-fifth the whole length of the scale. In the
U. S. Nat. Museum there is another scale (U. S. Nat. Mus. Cat.
No. 4384), from the Lacoe collection made at Mazon creek, which
is intermediate between the type of S. conchiolepis and that of S.

1900.] HAY—VERTEBRATES OF CARBONIFEROUS AGE. 109

lacovianus, so far as sculpture and form are concerned; but the
size is but little less than that of the type of S. dacovianus.

SAGENODUS QUINCUNCIATUS Cope.

Lhizodus reticulatus, part, Newberry and Worthen, Geolog. Surv.
Milinois, iv, 1870, p. 349, Pl. iii, Figs. 13, 14; Woodward,
A. 9.5 Cat. Foss. Fishes, Pt. 11; 1891, p. 262 (referred with
doubt to Sagenodus).

Sagenodus guincunciatus Cope, E. D., Proc. AMER. PHiLos. Soc.
RKEVI, 1697, p. 80, Pl. i, Fig. 65 Williston, S. W., Kensas

_ Om. Quart., viii, 1899, p. 177.

This species has for its type the scale bearing U. S. Nat. Mus.
Cat. No. 4364 = (Cope’s F, 39, 40). It must have been a very
abundant species in the region of Mazon creek, since besides the
five specimens recorded in Prof. Cope’s paper, there are in the por-
tion of the Daniels’ collection in my hands five additional scales.
Four of these resemble so closely those described by Prof. Cope
that no mistake can be made in their identification. One of these
(Daniels’ No. ro) is considerably larger than any of those seen by
Prof. Cope, having a length of 31 mm. The other specimens in
my hands are Daniels’ Nos. 11, 20, 21, and U. S. Nat. Mus. Cat.
No. 4366, the latter being a part of the Lacoe collection.

As before stated, Prof. Cope referred to this species the speci-
mens described and figured by Newberry and Worthen in vol. iv
of the Geological Survey of Lilinois, p. 349, Figs. 13, 14. Of the
correctness of the identification of Figure 14 there can be no doubt.
As to Figure 13, Prof. Cope himself was in doubt, mainly because it
represented a scale much larger than any other of the species in his
hands. The scale before me which bears U. S. Nat. Mus. Cat.
No. 4366, broken away slightly at the proximal end, has been
nearly as long as the one represented by Newberry and Worthen’s
Figure 13, but is narrower, the length being 63 mm., the width 38
mm. ‘The distal border is more convex than that of the figure. It
has all the characteristics of the smaller specimens of S. gu¢ncunct-
atus, and it becomes more certain that the one figured by New-
berry and Worthen belongs here. In this species the nutrient
canals stream backward toward the posterior border, constantly
anastomosing with one another, and in the middle region of the
scale forming an irregular and fine areolation. Above and below
the growth-centre there are a few very large cells, and similar cells

110 HWAY—VERTEBRATES OF CARBONIFEROUS AGE. [March 16,

are continued backward, growing smaller to near the posterior bor-
der. It seems to me that Newberry and Worthen’s Figures 13 and
14 present the characteristics of the scales of this species in a pretty
satisfactory manner; although in Figure 13 the areolation is not
small enough. Prof. Cope’s figure of the species represents the
concentric lines of growth near the posterior border entirely too
conspicuous ; although in his description he says that they are
rarely present.

Prof. Cope has stated that one of the nodules in his hands con-
tained two scales in mutual relation. A careful examination shows
that there are three such scales present. I have before me a scale
50 mm. long taken from a modern Cerafodus, which in form and
the general arrangement of the nutrient canals is strikingly like the
large scale of S. guincunciatus above described. However, I
find that in the living Ceratodus the canals do not give off so many
branches, and that consequently the enclosed area or cells are much
larger than in Sagenodus.

SAGENODUS TEXTILIS Hay.

Sagenodus gurtetanus Cope, Proc. AMER. PHILOS. Soc., xxxvi, p.
82, Pl. i, Fig. 9 (preoccupied by Cope, 1877) ; Williston, S.
W., Kansas Univ. Quart., viii, 1899, p. 177.

Sagenodus textilis, Hay, O. P., Amer. Naturalist, xxxiii, 1899, p.
786.

This, on careful examination of the type specimen, I regard as a
very distinct species, and it is well represented in Cope’s figure
cited above. Undera lens no radiating striz are seen anywhere.
A trace of lines of growth is present at one of the angles, and from
these I infer that the proximal extremity of the scale is that nar-
rowed border which in Prof. Cope’s figure is directed upward and
toward the eft hand. No other specimens are known.

RHIZODOPSIS MAZONIUS sp. Nov.

This species is based on a single scale which bears the U. S.
National Museum Catalogue, No. 4337. It belongs to the Lacoe
collection and was obtained at Mazon creek, Ills. It was in
Prof. Cope’s hands and bears his numbers F, 65, F, 66, the nodule
being split as usual into two portions. Prof. Cope has labeled the
specimen ‘‘Ce/acanthus sp. Cope,’’ but it does not belong to this
genus and probably not to the family of Ccelacanthide. The

1900.] HAY—VERTEBRATES OF CARBONIFEROUS AGE. 111

sculpture of the scale resembles closely that of Rhizodopsts robus-
tus, as shown by Figure 3 of Plate xvi of Mr. A. Smith Woodward’s
Catalogue of Fossil Fishes, Partii; and I place the species in that
genus provisionally. The only reason I have for doubting the cor-
rectness of this assignment is the existence of a network of anas-
tomosing lines throughout the denser portion of the scale, or some-
thing more than the proximal one-half of the area of the scale.
This network is exceedingly irregular, like the cracks in dried
mud, but nevertheless reminds much of the network of nutrient
canals found in the scales of Sagenodus. In the scale before me
these apparent canals are occupied by the white mineral which is
so often found in fossils from this locality. It is not improbable
that the bony substance of the scale has shrunken and cracked and
the cracks been filled up with a foreign substance. If it shall
prove that these are really nutrient canals the scale will represent
apparently an undescribed genus close to Sagenodus.

The scale here described is ovate in form, being somewhat
pointed at the proximal end. Its length is 25 mm, its breadth
14.3mm. The proximal half has been osseous and rather thick,
its thickness now, after the compression to which it has been sub-
jected, being about equal to that of ordinary book paper.

The centre of growth or nucleus is located very close to the cen-
tral part of the scale and the sculpture is disposed with reference
to this nucleus. Concentric lines of growth appear on the lower
surface of the osseous substance and on the underlying matrix.
From the nucleus thread-like lines radiate to the proximal border
of the scale and cover a broadly wedge-shaped area. Of these lines
there are about ten in a millimetre. Similar lines, starting from
the free border of the scale, converge toward the nucleus, but the
outer ones, upper and lower respectively, pass above and below the
nucleus and assume the position of concentric lines.

STREPSODUS HARDINGI (Dawson).

Rhizodus hardingt, Dawson, J. W., Acadian Geology, 1868 and
1878, p. 255, Fig. 77, a—d.
Strepsodus hardingi, Woodward, A. S., Cat. Fossil Fishes, ii, 1891,
Pp. 353-
This is the only North American species which has up to this
time been assigned to this genus. It was named and figured by

me HAY—VERTEBRATES OF CARBONIFEROUS AGE. [March 16,

Dr. Dawson, as cited above, but there was practically no descrip-
tion presented. The figures represent two scales, a small one and
a portion of a large one. ‘They show the size and form, the
existence of radiating and concentric lines, and near the centre an
elongated mark of some kind.

From the Peter Redpath Museum, in Montreal, through the kind
offices of Prof. #rank D. Adams, I have received two specimens of
the scales of this fish, both of which were presented to the Museum
by Dr. Dawson. Although evidently not the subjects of his figures,
they may be accepted as authentic representatives of his species. Both
are large scales, but they differ much in form. One of these, hav-
ing a part of one side missing, has been almost circular, with a
diameter of 38 mm. ; the other is oval, with a long axis of 4o
mm. and a short axis of 33 mm. The large scale figured by Dr.
Dawson must also have been nearly circular, while the small one
was ovate. We have here an illustration of the futility of relying
much on the form and size of scales.

The scales before me appear to present their inner surfaces. The
circular scale has an elongated depression, whose posterior end is
placed very close to the centre of the scale. From this there
diverge nearly straight rows of elevated points. What we have
then seems to be merely a cast of the inner surface, the points being
the fillings of the pits of that surface. Concentric lines occupy a
large part of the surface, being most distinct anteriorly, very
indistinct posteriorly. Some evidences of longitudinal striz, or
radii, are found along the anterior border, where the surface of the
scale appears abraded. ‘The substance of the oval scale is present.
Its boss, not very distinctly shown, is in the centre of the scale.
From it lines of small pits and low folds diverge in straight lines to
the posterior border. At the border the folds are well shown. It
seems probable that these folds and rows of pits represent the
course taken by the furrows of the other side of the scale. In S.
arenosus, next described, these furrows run forward and branch in
avery irregular manner. The surface of the oval scale here described
shows a fine fibrillation whose lines run in various directions,
apparently without relation to the other markings. The circular
scale is from the Horton beds of the Subcarboniferous at Horton,
Nova Scotia; the oval scale is from Pictou, and probably from the
same deposits.

1900.] HAY—VERTEBRATES OF CARBONIFEROUS AGE; lls

STREPSODUS ARENOSUS sp. nov.

There has been placed in my hands by Dr. David White, of the
United States Geological Survey, for identification, the imprint of
the external surface of a scale of a species of the
genus Strepsodus. This fossil was collected by
Dr. White from a shale near the base of the
Lower Carboniferous rocks, in the vicinity of
Collier’s Station, Blair county, Pa.

The scale is somewhat imperfect, through the
loss of a small portion of the distal, or free bor-
der. Nevertheless, enough is present to give us all
the essential characters. The scale has had a_ Fic. 3. Strepsodus
length of about 28 mm. and a breadth of 21 mm. Satay
The proximal, or attached, end has been broadly rounded ; the free
end was also rounded, but probably less broadly. The most con-
spicuous feature of the ornamentation of the fossil is found in the
system of furrows, which resemble a tree with its trunk and branches.
These furrows, according to Mr. A. S. Woodward, are on the ex-
ternal surface of the scale. ‘The main trunk is a furrow which began
a little proximad of the centre of growth and a little less than one-
third the length of the scale from its attached end. This, or a por-
tion of it, would be represented on the other side of the scale by
an elevation, or boss. At about the centre of the scale the main
furrow begins to give off lateral branches in such a way that, like
a deliquescent tree, it is soon lost. The smaller divisions of the
branches were carried out to the free border of the scale.

The surface of the scale is everywhere covered by a fine, almost
microscopic sculpture, which is produced by numerous elevated
points. ‘These are arranged in either concentric or radiating lines
and often in both. There are about ten of these lines in a milli-
metre. On the upper and lower sides of the scale the concentric
lines predominate ; on the posterior portion of the scale the radiat-
ing lines are more conspicuous. These lines of minute elevations are
also found in the furrows. Near the free border of the scale the
elevations appear to have coalesced in rows, so as to make contin-
uous longitudinal ridges.

The specific name has been suggested by the sculpture of the sur-
face, which resembles grains of fine sand arranged closely together
in rows.

PROC. AMER. PHILOS. 80C. xxxIxX. 161. H. PRINTED APRIL 17, 1900.

114 HAY—VERTEBRATES OF CARBONIFEROUS AGE. [March 16,

STREPSODUS DAWSONI sp. nov.

Rhizodus lancifer, in part, Dawson, J. W., Acadian Geology,
1868 and 1878,'p. 210, Fig.’ 56” (not a).

In his Acadian Geology, as cited above, first in 1868, Principal,
afterwards Sir William, Dawson identified, with doubt, some teeth
which had been found in the deposits of the coal-measures at Pictou,
Nova Scotia, with similar teeth which had been described by Dr. J.
S. Newberry from the coal-measures of Ohio. Found in the same de-
posits at Pictou were many scales, and these too were regarded as be-
longing tothe same species. Dr. Newberry also had found some large
scales in the deposits at Linton, Ohio, which furnished the teeth,
and these scales, he thought, might have belonged to the animals
which had borne the teeth. It is quite evident, however, that the
scales found in the two localities were not the same; and it is far
from certain that the teeth are not those of Batrachia. And even if
the Acadian teeth are those of fishes, there is no proof that they and
the scales belong to the same species oreven genus. Hence, it ap-
pears to be better to allow the teeth to stand on their own merits
and to give the scales a name of their own.

From the Peter Redpath Museum I have received also a scale,
No. 3076, which has every appearance of being the one which fur-
nished the figure published by Dr. Dawson. This scale belongs to
the genus S¢refsodus, as defined by Mr. A. Smith Woodward, and
I give it the name of Strepsodus dawsont.

This scale has almost the exact dimensions of Dr. Dawson’s
figure, although the upper, or rather the hinder, end is somewhat
less rounded than indicated by the figure. The length is 19 mm.,
the extreme width 18 mm. As seems to be indicated by the orna-
mentation, the inner surface is exposed to view. Nearer the ante-
rior than the posterior end is a small elongated boss, or protuber-
ance, a characteristic of the genus. The surface of the scale behind
this is marked by numerous little pits. Dr. Dawson’s figure repre-
sents these pits as existing also in front of the boss, but I find none
there. They appear to be arranged somewhat in rows, which radiate
from the boss to the hinder edge of the scale. All around the scale,
but less distinct on the anterior end, there is a rather wide border,
which is occupied by undulating and concentric lines of growth.
In this border there is, on one side, an interruption in the course
of these lines, as though the scale had been crumpled. Dr. Dawson’s

1900.] HAY—VERTEBRATES OF CARBONIFEROUS AGE. LL5

figure represents this. At the anterior end of this scale the bor-
der just referred to is crossed by numerous fine longitudinal striz,
or radii. At the posterior end of the scale are seen wider folds.
These probably have something to do with the large radiating fur-
rows which would be found on the other side.

With the few specimens on hand it is difficult to specify charac-
ters by means of which this species may be distinguished from
S. hardingt. Were they both found in the same formation I would
hesitate to separate them, but it is unlikely that: the same species
occurs in the Subcarboniferous and in the Coal-measures. Were
the outer surfaces of the scales exposed we might possibly discover
differential characters. So far as the specimens of the two species
indicate, the boss of S. Aardingi is placed nearer the centre of the
scale than is that of S. dazwsonz.. I find on the surface of the latter
species no such fibrillation as is seen on S. harding?, but this may be
due to the character of the preservation. S. dawsont is a much
smaller scale than any yet reported of S. hardingz, but we must not
place too much reliance on this fact.

CC@:LACANTHUS ROBUSTUS Newb.

Celacanthus robustus, Newberry, J. S., Proc. Acad. Nat. Sci.
Fhila., Vili, 1856; p. 98; Geol. Surv. Ohio; Pal. 1, Pt. “2,
1873, p- 341, Pl. xl, Figs. 2, 2a; Pal. Kishes N. America;
1890, p. 228; Huxley, T. H., Mem. Geolog. Survey United
Kingdom, x, 1866, p. 14; Woodward, A. S., Cat. Foss.
Fishes, Pt. il, 1891, p. 406.

Rhabdoderma robustum, Reis, O. M., Paleontographica, xxxv,
1888, p. 71.

A single scale of this species has the U.S. Natural Museum’s
Catalogue No. 4336. It also bears Prof. Cope’s number F, 37,
and belongs to the Lacoe collection. Prof. Cope has labeled it
“¢ Celacanthus sp. Cope, Mazon creek, Illinois.’’ It seems to me
that it certainly belongs to C. robustus Newb. ‘The species was
originally described from specimens found in the coal measures at
Linton, O. So far as Ican judge, from a comparison of the Mazon
creek specimen with the description and figure presented by New-
berry, there is no important difference, unless it is that of size and
proportions. ‘The Mazon creek scale has a length of 23 mm. and
an extreme width of 14 mm. Dr. Newberry’s specimen figured
had a length of 20 mm. and a width of 14 mm., being therefore

116 HAY—VERTEBRATES OF CARBONIFEROUS AGE. [March 16,

relatively a broader scale. It is also, as represented, slightly less
drawn out at the free tip than in the scale before me; but such dis-
crepancies are scarcely to be considered. ‘The exposed portion of
the scale is embellished with fine, closely crowded, thread-like
lines, which starting from the tip run forward, diverge, give off
branches, and remain of the same size. A little distance in front
of the tip of the scale the lateral lines cease to branch, but those
along the median line of the scale continue to do so.- New lines
also continue to start from the border of the scale as far forward
as the lines continue. This uncovered portion of the scale also
possesses a very narrow border of short, very fine lines, which are
directed inwards at right angles to the edge of the scale. The
ornamention of the portion of the scale overlapped by the adjacent
scales is quite different from that described. The centre of growth
of the scale is a very little in front of the centre of area of
the scale, and the thread-like lines which have just been described
come forward, in the midline of the scale, nearly to the growth-
centre. On the covered part of the scale numerous delicate lines
of growth are arranged concentrically around the centre of growth.
Besides these, there is another system of extremely fine lines which
start from the anterior border of the scale and from the lateral bor-
ders as far back as the scale is covered. ‘They are directed back-
ward and somewhat inward so as to cross the lines of growth at an
angle, large in front of the growth-centre, small above and
below it.

The ornamentation of this scale is decidedly different from that
of C. elegans as represented by Mr. A. S. Woodward.’ Accord-
ing to his figure there are only about forty-five thread-lines to be
counted across the widest part of the area of the scale; while in
that before me there are about eighty such lines. This difference
harmonizes well with Newberry’s figures of the scales of the two
species and with his statement,? when speaking of C. ornatus,
that the ornamentation of the latter is not only relatively, but
absolutely coarser than that of C. vodus/us, in individuals ten times
as large.

1 Cat, Fossil Fishes, Pt. ii, Pl. xiv, Fig. 2a,
2 Geolog. Surv. Ohio, Pal.i, p. 340.

1900.1 HAY—-VERTEBRATES OF CARBONIFEROUS AGE. E17

ELONICHTHYS PELTIGERUS? Newberry. (Plate VII.)

Llonichthys peltigerus, Newberry, J. S., Proc. Acad. Nat. Sct.
Phila., 1856, p. 98; Woodward, A. S., Cat. Foss. Fishes,
Pt) ily 1891, Pp. 90:

Paleoniscus peltigerus, Newberry, J. S., Geolog. Surv. Llinois,
li, 1606,.p. 175 ‘Geolog. Surv. “Ohio, iu, Pt. i, 1873, p. 345,
Pl. xxxviil, Figs. 1-1”.

The illustrations of the above species of fossil fish presented by Dr.
Newberry were all derived from the same specimen, one presumably,
but not certainly, from the Carboniferous shales of Linton, Ohio.
Mr. A. S. Woodward, as cited above, states that the type speci-
men is in the collection belonging to Columbia University, of
New York; but a search for it, kindly permitted by Dr. Bashford
Dean, has not rewarded me with a view of it. Dr. Newberry says
that he has obtained specimens of the fish from various localities in
Ohio, Indiana and Illinois, those from the last State being credited
to Fulton county. With several specimens in his hands, he ought
to have been able to avoid any serious errors in his statement of the
specific characters. Nevertheless, it is unquestionable that some
errors did creep into his description and figures; and if the fishes
before me belong to his species there is involved a number of errors.

In my hands are specimens of a species of E/omichthys which
were obtained at Mazon creek, Illinois, by Mr. Daniels. These
are contained in iron-stone nodules and are nearly all somewhat
imperfect. The best is one which has a length of 137 mm. In
this specimen the head is badly crushed, the region in front of
the dorsal fin is injured, the extreme tip of the tail is gone, and there
is a piece broken from the body just below the front of the dorsal
fin. All the fins are shown pretty satisfactorily. This has the col-
lector’s No. 1 on it. No. 2 shows a fish which has been badly
macerated and crumpled, but the ornamentation of the scales is
well displayed. No. 3 isa young fish 50 mm. long and well pre-
served. No. 4 isa much disturbed fish showing only some scales,
the pectoral and caudal fins. No. 7 consists of only the upper
lobe of the caudal fin, but it shows well the striated fulcra, the
caudal scales and the caudal rays.

Besides this material, I have found in the collection of Colum-
bia University another specimen evidently of the same species, from
Mazon creek, Illinois, and this is labeled in Dr. Newberry’s
handwriting ‘‘Paleoniscus peltigerus.’’

118 HAY—VERTEBRATES OF CARBONIFEROUS AGE. [March 16,

I have been in much doubt what disposition to make of this
material. All the specimens show some important differences from
the descriptions and figures of Dr. Newberry, and they may rep-
resent a distinct and undescribed species, but of this I cannot be
sure. On the other hand, if it is identical with Newberry’s spe-
cies, the latter requires redescription, and an attempt to furnish
this may result in basing a description on a species distinct from
that described by Dr. Newberry.

The striking peculiarity of the type of Dr. Newberry’s Z. pelti-
gerus and the one which suggested the specific name was the pos-
session of a series of enlarged scales along the midline of the
back, both in front of the dorsal fin and behind it. Those in
front of the fin are said to be four times as large as the ordinary
scales, and are so figured. Those behind the fin are said to be-
come modified posteriorly into the strong fulcra of the tail, but
Dr. Newberry’s figures do not represent any fulcra present. I find
such enlarged scales in only one of the specimens in my hands,
that of one of the halves of nodule No. 3, which bears the im-
pression of a little fish 50 mm. long. In all the other specimens
they are missing, even when the preservation is such that they
might be expected. Evidently the opportunity of seeing them
depends, to a great extent, on the way in which the nodule splits.

These scales, as shown in the specimen referred to, begin close
behind the head and continue backward nearly to the fin, but
there is a brief interruption, probably accidental, about three-
fourths of the way back. Just in front of the fin they again ap-
pear and, as shown especially in the Columbia University speci-
men, they change gradually into fin fulcra. This row of scales
extends further forward than that described by Dr. Newberry, are
in greater number and of different form; but all these differences
may not be important. Immediately behind the dorsal fin I find
no enlarged scales in any of the specimens. ‘The fulcra begin as
small, pointed scales and gradually enlarge.

Excepting the enlarged scales mentioned above, Dr. Newberry
neither described nor figured any others peculiar in any way. Those
immediately behind the shoulder girdle and on the flanks are all
represented as being about as high as long. But in all of the speci-
mens in my hands which are well enough preserved I find that the
scales in several perpendicular rows just behind the shoulder girdle
are twice as high as long. In case Dr. Newberry’s type specimen

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1900.] HAY—VERTEBRATES OF CARBONIFEROUS AGE, 119

had such scales in this region as he has represented, it seems
probable that those in my hands belong to a distinct species. These
high scales gradually become reduced in height, so that those below
the dorsal fin are about as high as long. The specimen 50 mm.
long does not show so well the height of the anterior scales, and it
is quite probable that the height increases with the size of the fish.
They are shown in the Columbia University specimen. The type
of Dr. Newberry’s species was five inches long and ought to have
revealed these high scales.

The caudal fin of the present specimens is very different from
that represented in Dr. Newberry’s figures, but this is probably due
to the imperfection of his materials. In his figures the tail is rela-
tively short and single-lobed, while the scaly extension of the
body beyond the beginning of the fin is less than one-fourth of
the length of the fish. In my material the caudal fin is fully one-
third the total length of the fish, is deeply forked and has the pro-
longation of the body covered with pointed scales carried out ap-
parently to its very tip. I count in the longest specimen seventy-
five rays, in the Columbia University specimen about sixty, but
some are probably missing in the case of both fishes. Along the
upper lobe of the tail are numerous striated fulcra. These diminish
in height each way from the middle of the lobe.

The dorsal fin contains about twenty-five rays. I count a few
more in the large specimen, a few less in that belonging to Co-
lumbia University. The fin base equals about one-seventh of the
length of the fish, the height is somewhat greater. There were
about twenty-five ventral rays, possibly afew more. Dr. Newberry
states that in his specimen there were only ten pectoral rays, but
undoubtedly it was defective. I count easily twenty rays in the
large specimen, in which the fin is well displayed. The anal fin
contains about forty rays, and its length was about equal to that of
the dorsal.

I do not find that the ornamentation of the scales is different
from that described by Newberry. Of the scales there seem to be
eight rows above the lateral line and fourteen rows below it.

The body appears to have been somewhat elevated immediately
under the dorsal fin, the latter being thus lifted somewhat. The
sides of this elevation are covered with two rows, an upper and a
lower, of narrow, rather long scales, which are directed parallel
with the fin rays. The lower jaw, as shown by specimen No. 2

120 HAY—VERTEBRATES OF CARBONIFEROUS AGE. [March 16,

of Mr. Daniels’ collection, is occupied by a row of closely set
sharp teeth. The branchiostegals are short and broad, the number
not determinable. The mouth was large, the eyes large and placed
near the end of the head.

In case it shall be proved that the specimens described above be-
long to a species distinct from that of Dr. Newberry, I suggest that
they be called Elonichthys hypsilepis, with the large specimen of the
Daniels collection as type, that in Columbia University as co-type.

It seems highly probable that the fish mentioned by Newberry and
Worthen in volume iv of the Geological Survey of Illinois, p. 348,
1870, under the name Ambdlypterus macropterus ? Agassiz, may in
reality have belonged to the same species as those herein described.
It is regarded by Mr. A. S. Woodward as being an E/onichthys.

AMPHIBAMUS GRANDiCEPS Cope.

Amphibamus grandiceps Cope, Proc. Acad. Nat. Sct. Phila., 1865,
p. 134; Geol. Surv. lilinois, ii, 1866, p. 135, Pl. xxxii, Fig.
8, and woodcut p. 136; Trans. AMER. PHILOS. Soc., (2) xiv,
1869, p. 8; Fritsch, A., Hauna Gaskohile, i, 1880, p. 93, Fig.
44; Miller, S. A., WV. Amer. Geol. and Pal., 1889, p: 618,
Fig. 11783 Dana, J. (DD, Wan. ‘Geor., 4th ed., 1990,1p..064,
Fig. 1108.

In the collection belonging to Mr. Daniels there is a split nodule
from Mazon creek, which contains the remains of a specimen of
Amphibamus grandiceps Cope. The fossil has been somewhat
damaged by fractures and a small portion is missing. Further-
more, as in the case of the original, the bones have been replaced
by a soft white mineral, so that it has been found necessary in :
places to remove this and take wax impressions. Notwithstanding
the lack of perfection in the fossil, it presents so many interesting
features that it seems desirable that it shall be described ; especi-
ally since it is, so far as I am aware, the only specimen of the
species which has been found since the discovery of the original.

The entire length of this ancient salamander is 62 mm. The
head is 15 mm. long and has a width almost exactly the same. The
tail of the animal has been short, not exceeding probably 12 mm.
Prof. Cope has represented the hinder limbs and portions of the
anterior limbs. The whole hinder limb has had a length of 17
mm.; the fore limb, so far as I can determine, a length of 13 mm.

1900] = HAY—VERTEBRATES OF CARBONIFEROUS AGE. 121

One important character exhibited in the specimen before me is
the presence of ribs. The original specimen appears not to have
exhibited these ; and Prof. Cope concluded that they were really
not present in the animal, and on this character more especially
founded for it the order Xenorhachia, a group which he later
abandoned. The ribs of Amphibamus are very slender, rather
long and curved, expanded at the proximal end, and with the dis-
tinct appearance of having been double-headed. In this respect it
differs markedly from Sranchiosaurus, as described and figured by
Fritsch, in which the ribs are short, stout, straight and single-
headed. The number of pairs of ribs I am not able to determine
with exactness. ‘They are seen to approach to within 7 mm. of the
head and to within less than this distance of what I regard as the
sacral region. I make out the existence of at least twelve pairs, and
there were evidently others near the head and probably still others
closer to the sacrum. There are also traces of what appear to be
one or two caudal ribs.

I find it impossible to determine exactly either the number or
the form of the vertebrze, or the extent to which they are ossified.
To Branchiosaurus Fritsch has attributed twenty presacral verte-
bree, all of which possessed ribs except the most anterior. Prof.
Cope thought that Amphidamus possessed probably thirteen. SBas-
ing my judgment on the apparent length of a few centra, I think
that the number will fall a little short of twenty. The neural
spines must have been veryshort. Icannot determine the presence
of distinct processes for the attachment of the ribs. The vertebral,
column as a whole was slender, not broad as that of Branchio-
Saurus. |

The head, though about as broad as long, has its greatest breadth
far behind, while the outlines converge with a gentle curve to the
snout, which is thus not so broadly rounded as in many of the
related forms. The bones of the head were probably ornamented
with a raised network of lines, enclosing pits. Prof. Cope regarded
the head as beingsquamous. Many of the sutures between the bones
are indistinct. The premaxillaries are undoubtedly separate. They
appear to have each a short and broad ascending process. Exte-
rior to this lies the exterior nares, bounded behind by the large and
separate nasals, which meet along the midline. Prof. Cope indi-
cated with doubt a suture crossing the interorbital space between its
anterior and middle thirds, and another between the middle and

122 HAY—VERTEBRATES OF CARBONIFEROUS AGE. [March 16,

posterior thirds. While the specimen in my hands does not testify
on these points as distinctly as one might wish, it seems probable
. that Prof. Cope was correct. Between these sutures would lie the
frontals, probably, but not certainly, distinct from each other. In
front of each eye is a curved prefrontal. Behind the frontals come
the parietals, probably separated from each other by sutures. Near
the coronal suture is seen the circular parietal foramen. Behind
the eye lies a relatively large bone, which probably represents both
the postfrontal and postorbital. Jugal, supratemporal, squamosal
and epiotic appear to be clearly distinguishable, the latter extend-
ing prominently backward. The upper eyelid appears to have been
strengthened by a pavement of bony plates over the eyeball, and
near the free border this seems to have been produced into a kind
of horn. ‘The eyes must have been very large. Prof. Cope has rep-
resented a row of fourteen plates over the eyeball, which he re-
garded as bordering the lid. It is more probable that they are
sclerotic plates. Ido not find them. That author also describes
and figures a whorl of scales on each side of the posterior region of
the skull. I have seen no traces of these. ‘The jaws were provided
with numerous small conical teeth, but they are not in such a con
dition that I can say more about them.

The left forearm is apparently in its proper place. The humerus
and one bone of the forearm are present. These are followed by
numerous small bones, considerably disturbed, which I take to be
those of the hand. What appears to be a distal phalangeal bone is
relatively large and ends in a point. I cannot determine the
number of digits. The head of the humerus lies against and
laterad of the impression of a bone which I regard as the scapula.
It is 4 mm. long and one-half as wide and with a border which is
concave on the side next to the head of the humerus. This bone
approaches closely the notch in the back of the skull.

Lying behind the angle of the jaw and running parallel with the
body is a slender bone apparently consisting of two segments ; this
I take to be a part of the hyoidean apparatus.

The hinder limb is tolerably well preserved. The tibia and
fibula are about two-thirds as long as the femur and they have a
wide space between their shafts. Their distal ends are consider-
ably expanded. There were five digits. No tarsal bones are seen ;
the first digit seems to have been very short, the next one very long.
The terminal phalange of this ends in a sharp point. The terminal

1900,] MATHEWS—TRIBES OF WESTERN AUSTRALIA. 123

segments of the other digits are not shown. The head of the
femur comes up against a bone which undoubtedly belongs to the
pelvis. Where the head of the femur-touches it this bone is thick
and solid ; further behind it appears to have been a very slender,
slightly curved rod. On the ventral surface of the animal,
immediately in front of the sacral region, I find a quadrate patch of
granulations, which seem to represent the impression of some bone
pitted like those of the head. This may indicate a broad pubis or
it may be produced by the bony armor of the skin in that region,
Elsewhere I find numerous evidences of the existence of dermal
defenses. None of these probably belonged to the upper region of
the body. They apparently consisted of small bony plates which
were arranged in rows. These began at or near the midline below
and swept outward and backward to the sides. In one place I find
ten of these rows in a width of two millimetres.

As to the relationship of this animal, it seems to me that while
there are many structures yet unknown, such as the arrangement of
the bones and teeth of the roof of the mouth, the sternal apparatus,
and the condition of the vertebra, it is closer to such forms as
Hylonomus than to Branchiosaurus. The form of the head is
different from Branchiosaurus; likewise the ribs and the limb
bones.

NATIVE TRIBES OF WESTERN AUSTRALIA.
BY R. H. MATHEWS, L.S.
(Read March 16, 1900.)

Western Australia contains an estimated area of 978,299 square
miles, or, inclusive of the contiguous islands, about 1,057,250
square miles, being about eight times the size of Great Britain. It
is the largest of all the colonies of Australia, containing more than
a third of the entire area of that continent. In the southwest
coastal districts there is much land suitable for farming operations,
and farther north there are extensive grassy downs, capable of de-
pasturing immense numbers of sheep and cattle. Considerable
areas are gold-preducing, chief among which may be mentioned
Coolgardie, Cue, Marble Bar and Kimberley—comparable in ex-
tent tosome prominent European kingdoms. By far the greater
portion of the colony, however, consists of vast arid tracts of sand
and scrub, which is practically a desert.

124 MATHEWS—TRIBES OF WESTERN AUSTRALIA. {[March 16,

In the present preliminary paper it is intended to give a brief
outline of the social organization, rites and customs of the native
tribes sparsely distributed over the whole of that portion of west-
ern Australia lying to the north of the twenty-eighth parallel of
south latitude. Compared to the size of the territory occupied the
number of the aboriginal inhabitants is insignificant.

On the Murchison, Greenough, Sanford, Roderick, Wooramel,
Gascoyne and Lyons rivers the several native tribes are each divided
into four sections, called Buljerry, Kiemarra, Boorong and Boogar-
loo. The intermarriage of these divisions, and the sections to
which the resulting offspring belong, will be readily understood
when arranged in tabular form, as under:

flusband. Wife. | Offspring.
Buljerry | Boorong Boogarloo
Kiemarra Boogarloo | Boorong
Boorong Buljerry Kiemarra
Boogarloo Kiemarra | Buljerry

These sectional names, with some modifications, are found among
the natives at Weld Spring, Bonython Creek, Lake Throssell, Elder
Creek, Glen Cumming, and extend eastward into South Australia,
where a similar organization exists among the Andikarina and
Arrinda tribes, particularized by me in previous publications.

If we travel northward from the Murchison, Gascoyne and other
streams above mentioned, we discover that the tribes occupying the
Ashburton, Fortescue, Yule, Shaw, De Grey and Oakover rivers
are likewise divided into four sections, the names of which are
Butcharrie, Kurrimurra, Burronga and Banaka, being simply varia-
tions of the nomenclature tabulated in this paper, Banaka taking
the place of Boogarloo. These sections reach easterly into the
northern territory of South Australia.

Proceeding still farther to the northward from the Oakover to
the Fitzroy river, the four sections are known as Baljarra, Boorungo,
Kimbera and Bannicka, the men of one section marrying the
women of another in a certain fixed rotation. In all the tribes
referred to in this paper there are aggregates of totems attached to
each section or pair of sections, and descent of the children is
counted through the mothers.

1900. ] MATHEWS—TRIBES OF WESTERN AUSTRALIA. 125

In the northeastern corner of western Australia, comprising the
region watered by the Ord River and its tributaries, Sturt Creek,
Margaret river and the Upper Fitzroy, are a number of native
tribes, particulars of whose divisions and the limits of their territory
are described in papers which I have communicated to different
learned societies.

In all the country dealt with in the present article, with the ex-
ception of a strip along the western coast from about Geraldton to
Onslow, all the youths are circumcised. Some time after their
recovery they must submit to a further mutilation, consisting of
splitting open the urethral canal from a point a little way from the
scrotum almost to the glans, but leaving the latter intact, the inci-

sion being about two inches in length. In some tribes the glans is |

also split, the cut being carried right into the urinary orifice. After
a man recovers from the effects of splitting the penis he is allotted
a boy who has not yet been operated upon. This youth is a brother
of the woman whom the man is entitled to claim as his wife. The
boy is used for purposes of masturbation and sodomy, and con-
stantly accompanies the man.

The natives who inhabit the barren desert country are much in-
ferior to the coast tribes, both in personal appearance and in their
weapons and utensils. Their mode of camping at night during the
cold months of the winter is as follows: They scoop out a circular
depression in the sand, about eighteen inches deep, the diameter
varying with the number of individuals who are to use it. In this
depression they light a fire, and gradually replace the sand they
have scooped out until it is all sufficiently heated. At bedtime
each person scrapes a trench in the warm sand and lies down with-
out any clothing, letting the loose sand fall in around his body,
except the face. A man, with his wives and children, would per-
haps occupy one of these sleeping places, several young men
another, some unmarried or old women another, and so on. It
not unfrequently happens that pebbles are mixed with the sand,
and these retain the heat fora longer time. Although not suffi-
ciently hot to burn the skin of the sleepers, yet on lying against a
person’s body for a long time they raise blisters, which sometimes
become sores, especially on the tender skin of children. No fire is
kept alight during the night, but on emerging from their lairs in
the morning fires are lit to cook any animal food they may have on
hand.

ERRATA.

Papers on ‘‘The Specializations of the Lepidopterous Wing: The
Parnassi-Papilionide,’’ by A. Radcliffe Grote, Vol. xxxviii, No.
159:

Page 16, line 12, for IV, read IV3.

Page 16, line 21, for Iv, read IV,.

Page 20, line 10, for Iv read IV).

Page 37, line 13, for monophyllism xead@ monophyletism.

PROCEEDINGS

OF THE

AMERICAN PHILOSOPHICAL SOCIETY
ALD AT PHILADELPHIS FOR PROMOTING USEFUL KNOWLEDGE.

VoL. XXXIX. APRIL, 1900. No. 162.

Stated Meeting, April 6, 1900.
Vice-President SELLERS in the Chair.

Present, 26 members.

Mr. Irrank Miles Day, a newly elected member, was pre-
sented to the Chair and took his seat in the Society.

The following correspondence was presented :

From Mr. J. H. Morgan, declining membership.

A communication from the Committee on the Modification
of the Federal Legacy Tax, asking the cooperation of the
Society. The President was requested to sign the memorial
presented.

A notice relating to the ‘‘ Concours d’objectifs 4 long foyer
pour la Télé-photographie en Ballon.”’

The Librarian presented a list of the donations to the
Library.

The death of the following members was announced :

Charles Bullock, of Philadelphia, on March 21, 1900, aged
TA years.

Franz Ritter von Hauer, at Leoben, Austria.

William M. Tilghman, of Philadelphia, on April 5, 1900.

The President was requested to appoint members to pre-
pare obituary notices respectively of Mr. Charles Bullock and
Mr. William M. Tilehman.

The following papers were read :

By Rudolph Buti, Ph.D., ‘‘About a Seal of the King
Brunaburgas of Babilony.”’

PROC. AMER, PHILOS. SOC. XXXIx. 162. I. PRINTED APRIL 27, 1900.

128 MINUTES. [April 6,

By Mr. J. G. Rosengarten, on ‘‘ American History from
German Archives.”

Dr. Hays, on behalf of the Committee on Historical Manu-
scripts, presented for publication in the Proceedings a calen-
dar of the military correspondence of Major-General Na-
thaniel Greene, in the Library of the Society.

The Committee to which was referred the communication
of the Philadelphia Section of the American Chemical Soci-
ety, asking the codperation of this Society in the effort to
have a National Standards Bureau established in connection
with the U. S. Office of Standard Weights, offered the
following, which was adopted :

Whereas, In the conduct of accurate scientific investigations,
the use of apparatus of guaranteed accuracy is a need recognized
by all scientists; and

Whereas, In foreign countries, notably in Germany, in France,
and in England, such guarantee is furnished by standardizing
bureaux under the control of the respective Governments; and

Whereas, At present the United States Office of Standard
Weights and Measures does not possess appliances necessary for
this verification of as wide a range of apparatus as seems essential,
nor the working force required to comply with legitimate deinands
for the verification and stamping of the various scientific apparatus
designed for measurements of precision, thus compelling the im-
portation of foreign-made articles when such official] certification is
desired; and

Whereas, This state of affairs is not only unsatisfactory to all
investigators in both pure and applied science, but also works injus-
tice to our manufacturers of nearly all physical and chemical appar-
atus designed for accurate measurement, who cannot supply the
proper certification with such instruments: therefore be it

Resolved, That the Congress of the United States be urged to
establish a National Standards Bureau, in connection with the U. S.
Office of Standard Weights and Measures, which shall provide
adequate facilities for making such verification of scientific measur-
ing apparatus and stamping the same as are provided by foreign
Governments for similar work.

Resolved, further, that a copy of the foregoing be forwarded to

1900. ] ROSENGARTEN—AMERICAN HISTORY. 129

the Secretary of the Treasury, under whose control the present
office of Standard Weights and Measures comes; to the Superin-
tendent of the U. S. Coast and Geodetic Survey; to the President
of the U. S. Senate; to the Speaker of the United States House
of Representatives ; to the Chairman and members of the Com-
mittee on Coinage, Weights and Measures, and to any other
officials or individuals likely to be interested or influential, with a
request for their codperation in our efforts to secure for the U. S.
Office of Standard Weights and Measures ample facilities, in point
of apparatus and working force, to enable that office to comply
with the requests for the verification of measuring instruments that
may be made by American scientific workers.

The Society was adjourned by the presiding officer.

AMERICAN HISTORY FROM GERMAN ARCHIVES.
BY J. G@. ROSENGARTEN.
(Read April 6, 1900.)

While a body of able historians, McMaster, Rhoades, Fisk,
Schouler and others, are enriching the world by an admirable series
of works on American history, there still remains another field for
historical research of interest and value. There are: in Germany
many papers dealing with the services of the Germans who were
here as soldiers under the British flag and took an active and im-
portant part in the War of American Independence. Bancroft and
Lowell, Kapp and Ratterman have collected and used such mate-
rial as they could gather. General Stryker, in his Azstory of the
Battle of Trenton, has added largely to our stock of material for a
better knowledge of the contents of the German Archives, still
carefully preserved at Marburg and Berlin; and other collections of
German records. It was through Kapp’s labors that Bancroft
added to his own collections, now belonging to the New York Pub-
lic Library, and deposited in the Lenox Library of that city. These
include Steuben’s letters, Riedesel’s papers, the Anspach papers,
the Brunswick papers, Ewald’s Feldzug der Hessen nach Amertka,
Geschichte der Hessichen Viger in Amerkanischen Kriege, fourteen

130 ROSENGARTEN—AMERICAN HISTORY. [April 6

volumes of German MSS., diaries and journals of Wiederhold,
Malzburg, the Lossberg Regiment, von Malsingen, Papet, Wieder-
hold, the Third Waldeck Regiment, Lotheisen, Reuber, Piel,
Dohla, Ruffer, Dinklage, the Hessian Viger Regiment and many
volumes of reports on the battles of Long Island, Bennington, the
Brandywine, and State papers relating to Prussia and America,
Prussia and France, Prussia and Holland, Prussia and England and
Washington and Frederick the Great, in all forty MS. volumes
bearing on the American Revolution.

Sparks in his collection, now deposited in the Library of Harvard
University, had a collection of papers of Steuben, the MS. of
DeKalb’s mission to America in 1768 (since printed in part in
French), and the correspondence of Frederick the Great with his
Ministers in London and Paris during the American War of Inde-
pendence, procured in Berlin in 1844 by Wheaton, then American
Minister there. In the Magazine of American History for 1877
there is a translation by A. A. Bierstadt of Bauermeister’s Varra-
tive of the Capture of New York, addressed to Captain von Wangen-
heim. This was part of the Bancroft collection. In the same
volume is De Lancey’s account of the capture of Fort Washington,
with a map, from the original in Cassel, obtained by Prof. Joy for
Mr. J. Carson Brevoort. The New York Historical Society has
printed the journal of Krafft, a volunteer and corporal in Donop’s
regiment and a lieutenant in that of von Bose, who married in New
York, became a clerk in the Treasury Department at Washington
and died there in 1804. That Society has also printed the Journal
of General Rainsford, the British commissary in charge of the
German forces sent to this country by Great Britain. General
Stryker obtained from the Archives at Marburg and Cassel many
important papers freely and well used in his capital history of the
Battle of Trenton. They include the court of inquiry of the Loss -
berg, Knyphausen and Rall regiments, lists of their officers and
of those of the artillery and Yagers ; maps by Wiederhold, Fischer
and Piel; the letters of Donop and Rall, of the Elector of Hesse
to Knyphausen ; diaries of Piel, Minnigerode, Wiederhold and
Ewald ; reports of Donop’s spies; and altogether some twenty
MSS., all dealing with the battle of Trenton.

Mr. Charles Gross gave, in the Wew. York Evening Post, an ac-
count of his visit to the Marburg Archives, where he found the
journal of the Hessian corps in America under General v. Heister ;

1900.] ROSENGARTEN—AMERICAN HISTORY. noi

reports of Heister and of his successor in command, v, Knyphau-
sen, and many hundreds of unbound papers. In the Kriegs
Archiv (the War Office) in Berlin there are many official reports
and many papers not arranged or catalogued.

Frederick Kapp described the Marburg Archives as including
ten folio volumes of paper relating to the part taken by the Hessian
corps in the American Revolution, the negotiations of the Land-
grave and his Minister, v. Schlieffen, with the English Government,
the correspondence of the commanding officers, with reports of opera-
tions, maps, sketches, etc. ‘There are three volumes of the pro-
ceedings of the court-martial on the battle of Trenton, a number
of Hessian war records indexed by Colonel Sturmfeder and hun-
dreds of letters written by officers to their families, who were
directed by the Landgrave to send them to him for perusal—invol-
untary but very good and complete witnesses of what they saw in
America. Mr. J. Edward Lowell, author of that capital book,
The Hessians in the American Revoluticn, in a paper printed in the
second volume, second:series of Massachusetts Historical Soctety’s
Proceedings, speaks of thirty-seven regimental journals and twelve
volumes of papers at Marburg, and twenty-five in Cassel, in addi-
tion to a large collection in Berlin, a fragment of a journal of the
Waldeck regiment at Arolsen, and that of an officer of the Anspach
regiment in the Anspach Library. In his Hesscans tn America,
Mr. Lowell refers to a dozen diaries and journals in the collection
at Cassel. A copy of one of these, that of Wiederhold, which I
own, covers the period from October 7, 1776, to December 7, 1780,
with seventeen colored maps, plans, etc. At the end there isa note
that Wiederhold died in Cassel in 1805, when the original
descended to his son, who died at Marburg in 1863. From him it
passed to his son, who went to America in 1880, but since then
has not been heard from, so that the orignal has been lost or is, at
least, no longer accessible. Bancroft and Washington Irving used
copies (without the maps, etc.) made for them and speak of it as
very valuable. Bound up with my copy are extracts from letters of
Henel and Henkelman and Ries, giving an account of the capture
of Fort Washington and the order changing the name to Fort
Knyphausen ; a list of the Hessian regiments and their comman-
ders, and a memorandum that each battalion was ordered to keep
an exact journal in duplicate, of which one copy was to be filed in
the State Archives; lists of the troops sent to America and their

132 ROSENGARTEN—AMERICAN HISTORY. [April 6,

organization and general and field officers; list of casualties at
the capture of Fort Washington, signed by Knyphausen ; a bibli-
ography of German books on the share of the German troops in
the American War of Independence, among them the memoirs of
Ochs and Senden, who lived to be general officers; various maga-
zine articles on the same subject ; the diary of a Hessian officer, Lt.
v. Heister, in the Zectschrift fiir Kunst des Krieges, Berlin, 1828; a
fragment of an apparently original diary of a soldier, a copy of
that of Rechnagel; extracts from the journal of Donop, and from
that of the court of inquiry on the battle of Trenton; with reports.
of the Lossberg, Knyphausen and Rall regiments in that affair, and
of Schiffer, Matthaeus, Baum, Pauli, Biel, Martin, all dated Phila-
delphia, 1778, and the finding of the court, dated April 23, 1782,
and a fragment of its report. The author of this diary, Andreas.
Wiederhold, was a lieutenant in Rall’s regiment and afterwards.
captain in the Knyphausen regiment. Lowell, in his capital book
on Zhe Hessians in America, makes frequent use of this diary, and
in anote says that Ewald mentions Wiederhold as distinguished in
1762, so that he could not have been a very young man when he
served here. Lowell used a copy in the Cassel Library, and notes.
that ‘‘it was made from the original by the husband of Wieder-
hold’s granddaughter, and contains several interesting appendices,’’
so mine may be a counterpart.

For many years Germany showed a good deal of regret for the
part played by its soldiers in the English service in our struggle for
independence. With her own rise and growth in importance as a
nation, she has begun to assert the value of the services of the Ger-
man allies of the British army. Eelking wrote an exhaustive his-
tory of their achievements, and Kapp a valuable book on the sub-
ject. Not long since a Hessian, Treller, published quite a good
historical novel, Forgotten Heroes, in which he paid tribute to the
Germans who fought under the English flag in America. Re-
cently, another German author, Moritz von Berg, printed a long
historical romance on the same subject, dedicated to the great-
grandson of General von Heister, the leader of the Hessian sol-
diers in America. The story is drawn largely from the papers of
the times still preserved in the public offices and by private fami-
lies in the country which sent its sons to fight here. The scenes
described contrast the home-life of the Hessians at the time and
the new country in which the young soldiers made their campaigns,

1900.] ROSENGARTEN—AMERICAN HISTORY. 183

and the historical portion deals with the Elector of Hesse and his
share in supplying soldiers to his cousin, the King of England, to
help in reducing his rebellious subjects in America. The events of
the American War of Independence are followed very closely, and
in an appendix are a number of hitherto unprinted letters and some
_ documents drawn from the Archives at Marburg and from Eelking
and other historical sources.

The book has value and interest as showing that Germany to-day
takes a curious pride in the share her sons played in the history of
the United States. Of even greater interest is the diary of a Hes-
sian officer at the time of the American War of Independence,
recently printed at Pyritz, on the anniversary of the founding of
the Royal Bismarck Gymnasium of that place. It is the journal of
Captain von Dérnberg, preserved by his family at their home in
Hesse. It covers the period from March, 1779, to June, 1781, and
gives his letters home from the time he left with his command until
his return on the staff of General Knyphausen. There isa brief histor-
ical sketch of the War of American Independence, intended for the
use of the boys of the Gymnasium or High School, and a short sketch
of the life of the writer, who, after serving in the war with Napo-
leon and later as Hessian Minister in London, died in Cassel in
1819. His diary, journal and letters are mostly written in French,
for that was the court language of the day, and his clever pencil
sketches served to heighten their interest for the home circle, while
their preservation until their recent publication shows that his
descendants are not ashamed of his share of that service, which at
least made America better known to the people of Germany, while
it gave them lessons of value for their own improvement in the art of
war. Although the campaigns took him through both North and
South, it is characteristic of the German fidelity to duty that his de-
scriptions are limited to his own modest share in the business of sol-
diering, and that he nowhere gives the slightest intimation that he
saw the future greatness of the new republic. In this respect he and
his countrymen were greatly unlike the French, whose letters and
descriptions were full of their anticipations of the country to whose
independence they contributed alike in menand money. The Dérn-
berg diary, however, has the value of an original and hitherto un-
printed addition to the contemporary records of the American
Revolution by one who did his best to prevent its successful issue.

Then there are novels by Spielhagen and by Norden, dealing

134 ROSENGARTEN—AMERICAN HISTORY. [April 6,

with the adventures of the German soldiers serving in the English
army in the American Revolution.

The editor of the Dérnberg diary, Gotthold Marseille, head-
master of the Gymnasium at Pyritz, speaks of a privately printed
family history of the Schlieffens, belonging to the present head of
the family living in Pyritz, with a full account of the negotiations
of Count Martin von Schlieffen, as Minister of Landgraf Freder-
ick II of Hesse Cassel, with Colonel Faucit as the representative
of George III. He also refers to Ewald’s book on Light Jnfan-
try, published in Cassel in 1785, on his return from America, where
he had learned many useful lessons, afterwards put in practice in
his reorganization of the German troops for service in the wars
with Napoleon. The continuation of Dérnberg’s diary will add
another to the numerous list of original papers by those who ac-
tually served here.

Pausch’s journal was printed by Stone as No. 14 of AZunsell’s
Historical Series, Albany, 1887, and as he was chief of the Hanau
artillery during Burgoyne’s. campaign it has, of course, special in-
terest. General Stryker got through Mr. Pendleton, then Minister
in Berlin, an order from the younger Bismarck, then an assistant to
his father, to examine the records at Marburg, and through a Ger-
man, long resident in Trenton, he procured about a thousand pages
of MS., covering everything relating to the Hessians at Trenton.
The substance of this is now published in General Stryker’s admir-
able and exhaustive History of the Battle of Trenton, rich in its
original material, reproduced in text and notes and appendices for
students of history. Taking advantage of the fact that a nephew
was studying at Marburg, I wrote to him that Lowell said a descrip-
tive catalogue of the Archives there relating to the American War
of Independence could be made for six hundred marks, and asked
him to call on Dr. Konnicke, for many years in charge. In reply
to questions on the subject, he said it would cost four. or five thou-
sand marks and take a long time, adding that Eelking was too
biassed to be trustworthy and he (Konnicke) had no sympathy
with Americans. He, however, showed his collection of Berichte,
Tagebiicher, registers, letters between the Landgraf and Knyphau-
sen. An assistant was much more agreeable and ready to give all the
help in his power, and Istill think that such a catalogue of the
American records at Marburg would be well worth getting. The
renewed interest of the Hessians in the part their ancestors took

1900.] ROSENGARTEN-—AMERICAN HISTORY. 135

in the American War of Independence is shown in a lecture on the
subject by Colonel v. Werthern, of the Hussar Regiment Hesse
Homburg, delivered by him at the officers’ Casino and printed at
Cassel in 1895. He refers to Eelking and to von Pfister’s unfin-
ished work on the same subject, Cassel, 1864, and to letters
printed in the Preusstsche Militar Wochenblatt in 1833, and in
the second volume of the Kurkessischen Zeitschrift. Colonel v.
Werthern says his special purpose is to enlist the interest of owners of
letters and journals of those who took part in the war, some of which
had been shown to him, The publication of the Dérnberg diary
shows that good results have followed his appeal. He estimates
the number who remained in America as about 4500, and no doubt
many of them became good Americans. He mentions the fact that
the young volunteer, Ochs, who has left a capital book on his expe-
riences as a soldier in America, rose to be a general in the Hessian
army, and left a son who served from 1836 to 1850, and finally
was incommand of the regiment which Colonel v. Werthern was
addressing in 1895.

Not without interest is Popp’s diary—he was a soldier in the
Bayreuth Anspach regiment—who came to this country in his
twenty-second year, an illiterate young fellow. He began his
diary on June 26, 1777, and carried it on after his return home,
adding some curious verses—Das Lied von Ausmarsch, and Geden-
ken iiber die Hergabe der beiden Markgrafthiimer Bayreuth u.
Anspach in Franken an das K6nigliche Haus-Preussen—in which,
with great patience and ingenuity, the left-hand column is a strong
thanksgiving, but reading across the lines there is a right-hand
column in which the Lord’s Prayer is so divided as to change
the sense into a bitter diatribe for this transfer of sovereignty.
The original is preserved in the City Library of Bayreuth. It
closes with some notes as late as 1796, and has some very good
maps of the operations on the Hudson, on the Delaware and
around Philadelphia. The copy of it which I own was made for
me at Bayreuth, but the Librarian there said that he knew of no
other material of the kind preserved in either public or private col-
lections in that quaint old town so full of memories of the eigh-
teenth century. Ina little book of Stories of Hessian War Hts-
tory, by Freiherr v. Ditfiirth—the name is of interest as it was that
of one of the Hessian regiments which served here—there is a state-
ment that from one Hessian village thirty men were sent with vari-

186 ROSENGARTEN—AMERICAN HISTORY. [April 6,

ous regiments to America, and twelve of them were heads of fami-
lies. Reuber’s diary shows that of these thirty only two died here
and one remained in America, A large proportion of the so-called
Hessians were volunteers from other parts of Germany, attracted
by the high pay and the good care given by the British to their
soldiers. In those days of distress and need, Germans were only
too glad to escape compulsory military service in Prussia and other
German States by volunteering in the regiments raised for the
American war and its prospect of a new home.

Ditfiirth demonstrates the utter falsity of the pretended letter of
the Prince of Hesse Cassel, dated Rome, February 8, 1778, now
accepted as one of Franklin’s characteristic and clever bits of
satire directed against Great Britain and its allies. It seems to have
been revived in the German press in 1847 through an American
‘‘historian,’’ Eugene Regnauld, of the St. Louis Reveille, and
printed by Dr. Franz Léher, Professor and Member of the Royal
Bavarian Academy of Sciences, in his A/story of Germans in
America, Leipsic and Cincinnati, 1847, as an interesting, if doubt-
ful, contribution to the contemporary documents of the American
Revolution. A careful answer was supplied in the Grenzboten. of
1858 (No. 29) by the Keeper of the Archives at Cassel, in copies or
extracts from the MS. correspondence of the Landgraf Frederick
II with Heister and Knyphausen in reference to the Hessian losses
at Trenton. In fact, the regiments that suffered most there now
make that battle part of their record of honor. It is one of their
traditions that Ewald first threw aside the powdered queues and
heavy boots of the Hessians, clothing his Yager battalion in a fash-
ion suited to American climate and conditions, and thus set the
example followed with great advantage in the Napoleonic wars.
Other Hessian officers who had served here, notably Miinchhausen,
Wiederhold, Ochs, Emmerich, Ewald and others, applied the les-
sons they had learned here and became distinguished among the
soldiers who showed great ability in restoring to Germany its inde-
pendence of French mastery. ‘The reputation brought home by
the Hessians who served in America led Frederick the Great of
Prussia to try to secure for his army the services of their officers,
particularly of the Light Infantry and Yagers. Many of them won
distinction in the wars with Napoleon against the French officers
who had also served against them in America. The army lists of
France, Germany and England are full of the names of those who

1900.] ROSENGARTEN—AMERICAN HISTORY. ays

had learned useful lessons in the art of war in the American Revo-
lution. Even the pay, clothing, food and allowances of the Hes-
sian soldiers were increased in order to secure something like the
advantageous conditions under which officers and men served under
the British flag in America and in the other wars and expeditions
that were carried on largely by German allied troops.

Of the German diaries and journals now accessible in print
there are:

t. Melsheimer, printed in Montreal from a copy furnished by
Stone.

2. Papet, in Pennsylvania Magazine of History.

3. Dohla, printed by Ratterman in Deutsch. Amerik. Magazin,
Vol. i, No. 1, October, 1866.

4. Pausch, printed by Stone in AZunsell’s Sertes.

5. Baurmeister, in Jag. of Amer. History, 1877, by Bierstadt, of
the N. Y. Historical Society.

6. Riedesel’s Letters, in His Life by Eelking, reprinted in a
translation by Stone.

7. Madame von Riedesel’s Ze¢¢ers, first printed in Berlin in
1801, and since then in several editions both in Germany and in
this country.

8. Schubert v. Senden’s Journal (an extract was printed in 1839
in Vol: xlvii of the Journal for Art, Science and History of
War, Berlin, Mittler).

Of others not yet printed there are MSS.:

1. Malsburg, mentioned by Eelking as in his possession in Mein-
ingen in 1862. Of it Bancroft’s collection (now in the Lenox
Library, N. Y.) has a copy in two volumes, made by Kapp’s direc-
tion, with his note that ‘‘ Malsburg was a superficial observer and
reporter,’’ as well as of :—

2. Reuter’s, of Rall’s regiment, 1776-83.

3. Lotheisen’s Journal of the Leib (Body Guard) Regiment,
1776-84, with a description of Philadelphia in 1777-7. Eelking
notes that he had compared the original signed by Lotheisen, Mar-
burg, August 1, 1784, with the copy.

4. Piel, Lossberg Regiment, 1776-83, Vol. i, includes Diary of
Voyage, 1782, and Extracts from Trenton Court of Inquiry.

5. Steuernagel, Waldeck Regiment, 1776-83.

6. Wiederhold, Diary.

7. Ewald, Feldzitg der Hessen in Amerika, copied from Ephem-
eriden, Marburg, 1785.

138 ROSENGARTEN—AMERICAN HISTORY. [April 6,

8. Journal of Lowenstein Regiment.
9. That of Plattes Battalion by Bauer.

1o. That of Lossberg Regiment by Heusser.

11. That of Huyn Regiment by Kleinschmidt.

12. That of the Feldjager Corps.

13. That of the Trumbach Regiment.

14. That of the Knoblauch Regiment.

15. That of the Mirbach Regiment.

16. Reports of Knyphausen and Riedesel.

Of printed books by Germans who served here, many are note-
worthy, for instance, Friedrich Adolph Julius von Wangenheim,
first lieutenant and later captain on the staff; came in 1777 from
the ducal Gotha service into the Hessian Yager Corps, and
remained in it after the war. He published in Gottingen in 1781
a Description of American Trees, with reference to their use in
German forests, and this little volume, dated at Staten Island, was, ©
after his return, reprinted in 1787 in a handsome illustrated folio.
He afterwards entered the Prussian forestry service and established
near Berlin a small collection of American trees, still preserved
with pride by his successors in office in charge of it and named
America, ”’

Dr. Johann David Schépf was a military surgeon in the German
forces serving here during the American Revolution, and he
printed in 1781 an account of his medical experiences, which was
translated and reprinted in Boston in 1875. Healso printed in 1787
a Materia Medica Americanis Septentionalis Potissimum Regni
Vegetabiiis, in which he used material supplied to him by G. H. E.
Muhlenberg, of Lancaster. Later he returned here and _ his
Travels, published in 1788, are well known, and he did even greater
service by making American botanists and men of other scientific
pursuits better known to those of Germany by exchange of let-
ters, etc.

In 1817 General Baron von Ochs published in Cassel his obser-
vations on Modern Art of War, containing much of his personal
experiences during his service in this country as a subaltern. His
Life has a very good account of his services in this country.

In 1796 Ewald, then a lieutenant-colonel in the Danish service,
published in Schleswig his Service of Light Infantry, already
printed in Hesse Cassel in 1784; it is full of references to his per-
sonal experiences in America, and it is significant of the man

1900.] ROSENGARTEN—AMERICAN HISTORY. 139

that, after carrying off from the Hopkinson house at Bordentown,
N. J., the volume edited by Provost Smith of the College of Phila-
delphia, containing young Hopkinson’s Prize Essay, he returned it
with thanks, and the book is still in the possession of the Hopkin-
son family as one of their rare treasures. In his little book he
reports what General Howe told him of his personal experience
during the old French War in America, and confirms it by his
success with light troops in the American War of Independ-
ence. He gives a curious picture of Philadelphia in 1778, when
Colonel von Wurmb had charge of the expeditions sent out to
bring in supplies. He divided his force into three parties: one went
out on the Lancaster road, another out the Marshall road, and the
third out the Darby road—these three roads being parallel and only
a half heur’s march apart—the woods that lined them being thor-
oughly searched by patrols, so that the enemy, in spite of Washing-
ton and Morgan, could never reach the foragers. He speaks of the
success of the Americans in their attacks on small and large English
forces not properly protected by light infantry outposts. His own
experience in the Seven Years’ War in Europe was of service to him
in America, and that again increased his efficiency in the war with
France and Germany. He describes Pulaski’s failure at Egg Har-
bor, and Donop’s at Red Bank, and Arnold’s in Virginia, and
Armand’s at Morristown, and Tarleton’s success, and his own, as
examples of what light infantry can do or fail in, just as they are
well or badly led. He criticises Howe’s failure to follow up his.
success at Brandywine, and calls it building a golden bridge for the
enemy thus to neglect to drive him with fresh troops when he is in
retreat. In the Jerseys, on Rhode Island, at Germantown, in Vir-
ginia, he saw just such examples of the neglect to use light infantry
to advantage, and he points out many instances in which their value
was shown on both sides. Ewald also printed at Schleswig, in
1798, 1800 and 1803, three small volumes, Lelehrungen tiber den
Krieg, with anecdotes of soldiers from Alexander and Pompey to
Frederick the Great and Napoleon, and some of his own personal
experience in America.

Seume, a well-known German writer, wrote at Halifax in 1782
his account of his experience in the Hessian service ; it was first
printed in Archenholz’ Journal in 1789, and a translation is in the
Proceedings of the Massachusetts Fitstorical Society for November,
1887; it is also found in his Autobiography, published in his col-

140 ROSENGARTEN—AMERICAN HISTORY. [April 6,

lected works, and the changes between this and the earlier version
have been unfavorably commented on.

Schlézer’s Briefwechsel, ten volumes, 1776-1782, and his Staats
Anzeigen, a continuation, in eighteen volumes, contain many papers
of interest relating to the American War of Independence, notably
a series of letters from an officer who served under Burgoyne, and
dragged out weary months as a prisoner of war in Cambridge and
later in Virginia. The Frankfort Meuesten Staatsbegebenhetten
published letters by German officers describing the battle of Long
Island.

v. Senden, Tagebuch, in Zectschrift fiir Geschichte des Krieges,
Berlin, Mittler, 8th and gth parts, 1839. He too was a general
officer at the time of his death.

v. Heister, Diary, in Zettschrift fir Kunst des Krieges, Berlin,
Mittler, Vol. xii, No. 3, 1828.

Reimer, Amerikanisches Archiv., 3 vols., Brunswick, 1777-8.

Melsheimer, Zagebuch, Minden, 1776.

Riedesel, Mme., Die Berufsreise nach Amerika, Berlin, 1801
(and frequently reprinted). One of the most charming books that
can be found—full of womanly heroism.

Leiste, Beschreibung des Brittischen Amerika, Wolfenbiittel,
1778.

Schheffen, Von den Hessen in Amerika, 1782.

Brunswick Magazine, a Hessian journal reprinted in translation
in the Pennsylvania Magazine, and a letter from the Duke to Rie-
desel advising all supernumerary officers and sick and wounded and
men under punishment to remain in America.

Der Flessische Officier in Amerika, a comedy, Géttingen, 1783,
has no great literary value or importance, but some local interest,
as the scene is laid in Philadelphia during its occupancy by the
British, and Indians, Quakers, British and German soldiers and
Native citizens are among the dramatis persone. If it was not
written by some one who had been here, it shows at least consider-
able familiarity with the conflicting parties during the Revolution.

Of recent works dealing with the German soldiers in the British
army during the American War of Independence, the most notable
are:

Max von Eelking, Die Deutschen Hiilfstruppen im Nordameri-
kanischen Befreiungskriege, 1776 bis 1783., Hanover, 1863, 2 vols.
(An abridged translation was printed by Munsell in Albany in 1893.)

1900.] ROSENGARTEN—AMERICAN HISTORY. 141

Eelking, Leben und Wirken des Herzoglich Braunschweigschen
General Lieutenants Friedrich Adolph von Riedese/, Leipzig, 1856,
3 vols. (Stone's translation was printed by Munsell in Albany.)
Esbeck, Zwebriicken, 1793.

Friedrich Kapp, Der Soldatenhandel Deutschen Fiirsten nach
Amerika, Berlin, 1864, and a second edition, 1874. His Life of
Steuben and that of De Kalb were printed, the former in Berlin,
1858, and the latter in Stuttgart in 1862, and both in English
in New York subsequently. His Geschichte der Deutschen in Staate
New York, N. Y., 1869. His Friedrich der Grosse und die Ver-
einigten Staaten von Amerika, Leipzig, 1871.

Ferdinand Pfister, Der ordamerikamsche Unabhingigketts
Krieg, Kassel, 1864.

An anonymous pamphlet, /rzedrich [7 und die neuere Geschichte
Schretben, etc., Melsungen und Kassel, 1879, was translated (in
an abridged form) and printed, with portraits of the two Electors
of Hesse Cassel, father and son, who sent their soldiers to America
under treaty with Great Britain, in Zhe Pennsylvania Magazine
of History and Biography in July, 1899. Besides its defense of the
Hessian princes on the ground that their alliance was in con-
formity with their traditional and historical codperation with Great
Britain, and a desperate and successful war in behalf of Protestant
liberty against French tyranny and Romanism and the free-thinking
Voltairianism of Frederick the Great of Prussia, it is of interest
from its demonstration of the falsity of Seume’s Autobiography, and
from its denial of the authenticity of the pretended letter of the
Elector of Cassel, urging his general not to cure sick and wounded
Hessian soldiers, as the dead ones returned more profit to their
Landesvater! It is somewhat odd that this very letter should be
claimed for Franklin as one of his literary burlesques by Tyler in
his Literary History of the American Revolution (see Vol. ii, pp.
377, 8-80), while Bigelow in his Life of Franklin (Vol. ii, p. 393)
and in his Works of Franklin (Vol. v, pp. 224 and 243, and Vol.
vi, pp. 4-8), says it was written by Franklin not long after his
arrival in France, in the latter part of 1776, and ‘‘is in some
respects the most powerful of all the satirical writings of Franklin,
equaled only by Swift in evolving both the horror and the derision
of mankind.’’ Franklin, in a letter to John Winthrop, sends from
Paris on May 1, 1777, ‘‘ one of the many satires that have appeared
on this occasion’’—7z. ¢., the sale of soldiers by German princes.

142 ROSENGARTEN—AMERICAN HISTORY. [April 6,

This pretended letter of Count de Schaumburg is dated Rome,
February 18, 1777, but is not printed in Sparks, or any vf the
authorized editions of Franklin’s works. It still remains a question
of when and where and how it was first printed and published,—
it does not appear in Ford’s Franklin Bibliography, which prints
most of Franklin’s clever jeux d’ esprit that were printed on his
press at Passy and soon found their way into print in Europe and
America, but Ford printed it in his Wany-Sided Franklin, p. 244;
Bigelow says it appears in a French version in Lescure Correspond-
ence inédite secréte sur Louis XVI (Vol. i, p. 31), Paris, but
with no allusion to Franklin. No copy of it is found in the Amer-
ican Philosophical Society’s collection of the imprints of the Passy
Press, although Ford accepts Sparks’ and Bigelow’s attribution of
the authorship to Franklin, and the internal evidence fully confirms
the statement ; it would be of interest to fix the time and place of
its first publication, its fortune in being virulently attacked, and its
use in exciting justifiable indignation against the Hessian princes
who shared, with other German petty sovereigns, in the sale of sub-
jects to fight under a foreign flag in a war which, as Frederick the
Great said, was none of their business,—for these things have given
it a value and importance far beyond the other satirical letters
produced by Franklin at his busy Passy Press.

Bancroft tells us that Frederick the Great encouraged France to
enter into the alliance with America—a counter stroke of vast im-
portance, far outweighing in its advantages for the struggling young
republic any benefit gained for Great Britain by its costly pur-
chase of German soldiers. His hostility to England, however, did
not lead him to fulfill his implied promise to join France in its
active and substantial support of the Americans—no doubt rebellion
and independence were more than he could encourage, little as he
liked the British effort to crush them. It is curious that Lowell
should speak of Franklin’s smart satire as a clumsy forgery. Kapp,
in his So/datenhande/ (Berlin, 1864), prints the letter in the Appen-
dix 29, on p. 267, from Vol. No. 600 of the pamphlets in the
Library of the Historical Society of New York, and described as.
printed on six octavo pages, without place of publication, but in
very large type. He reproduces the original French with all its
typographical mistakes ; he prints on pp. 196-7 of his book a Ger-
man version of the letter, and speaks of it as one of a flood of
pamphlets, of which a very characteristic example was Mirabeau’s.

1900.] ROSENGARTEN—AMERICAN HISTORY. 143

Avis aux Hessots et autres Peuples de 1 Allemagne, Vendus par leurs
Princes «1? Angleterre, a Cleves chez Bertol, 1777, which is now
very rare, Kapp says, because the Elector of Cassel bought up all
the copies he could find. It is very characteristic of the ‘two, Mira-
beau and Franklin, that the latter refers to his now famous letter
only once, and that in sending it to his friend Winthrop, as one of
the issues of the press then current, it nowhere appears in his
printed works or correspondence, but in the Life of Mirabeau, by
his son, it is said that the first work written by Mirabeau in Am-
sterdam was the pamphlet Avis aux Hessois, pp. 12, 1775, that it
was translated into five languages, and reprinted twice by Mirabeau,
in LZ’ Espion dévalisé, chap. 16, pp. 195-209, and in L’£ssazi sur le
despotisme, pp. 509-18, Paris, Le Gay, 1792, and Mirabeau him-
self speaks of it in his Le¢tres de Vincennes on March 14, 1784, and
March 24,1786. A reply to it, Conseils de la raison, was published
in Amsterdam in 1777, by Smidorf, supposed to be inspired by the
Minister of the Elector of Hesse Cassel, Schlieffen ; to it Mirabeau
replied in return in his Réponse aux Conseils de la Raison. All of
these and other pamphlets, such as Raynal’s on the side of the
Americans, are now forgotten, but Franklin’s clever skit continues
to be reprinted and read, and to keep alive the feeling against the
German princes who sent their soldiers to fight in a war which, as
Frederick the Great said, was none of their business. However,
the fact remains that it was through these Germans that America
got many good citizens from their ranks, and better still, many of
those who went home wrote of this country in a way that quick-
ened emigration, in which, indeed, some of them took their part
later on.

To this and similar attacks the Elector, through his Minister,
Schlieffen, made answers in the Dutch newspapers, then the most
largely sold, because they were free from censorship. Abbé Ray-
nal, then an accepted historical authority, supported Mirabeau’s
attack by one that was met by Schlieffen in 1782. Kapp says
Franklin himself both inspired and drew from this flood of French
pamphlets against Great Britain and its German allies; but Kapp
attributes this Hohendorff letter not to Franklin but to some French
pamphleteer of Mirabeau’s circle, and says it was revived by Léher
at the time of the Know-Nothing agitation, and attributed to a St.
Louis paper, although its falsity was shown in an article printed in
the Vew Military Journal, Darmstadt, 1858, No. 14.

PROC. AMER. FHILOS. SOC. XXXIX. 162. J. PRINTED MAY 16, 1900.

144 ROSENGARTEN—AMERICAN HISTORY. [April 6.

It was, as Bancroft tells us, a Count Schaumburg who acted as
the go-between of the British Ministry, who made unsuccessful
offers of pay for troops to the Duke of Saxe Weimar, dated Nov.
26, 1777: was that known to Franklin when he wrote his letter in
the name of Count Schaumburg? No doubt he chose it in full
consciousness that it would be familiar to his European readers, who
would thoroughly enjoy seeing the English agent thus serving as a
thin disguise for the Hessian prince, and the indignation excited
by this clever and effective bit of satire would be directed alike
against master and man, against prince and agent, together trading
for soldiers.

In the French service under Rochambeau there were many Ger-
man soldiers, and Ratterman in Der Deutsche Pionter, Vol. xiii,
1881, gives an account of them, notably the Zweibriicken regi-
ment, of which two princes or counts of that name were respect-
ively colonel and lieutenant-colonel. It is worth noting that
Lafayette wrote to Washington of a visit to them in Zweibriicken
long after the American war, when he met ‘‘ Old Knyp”’’ and offi-
cers who had served both with and against him there. There
was a battalion from Trier in the Saintonge regiment under Cus-
tine, himself from Lothringen. ‘There were Alsatians and Loth-
ringers in light companies attached to the Bourbonnais and Sois-
sonnais regiments. ‘There were many Germans in the Duke de
Lauzun’s cavalry legion, whose names are printed from the records
preserved in Harrisburg. In the army that made part of d’Es-
taing’s expedition against Savannah, in the autumn of 1779, there
was an ‘‘ Anhalt” regiment, 600 strong; of individual German
officers with Rochambeau there were Count Fersen, his chief of
staff, Freiherr Ludwig von Closen Haydenburg, his adjutant, Capt.
Gau, his chief of artillery, and a Strasburg Professor Lutz, his
interpreter. The Count of Zwei-Briicken (Deux-Ponts) published
his American Campaigns in Paris in 1786, and his pamphlet was
translated and reprinted by Dr. Green, of the Massachusetts His-
torical Society. Count Stedingk and Count Fersen both took ser-
vice with Sweden, the latter to fall a victim to a popular outbreak,
the former to take part in the Peace of Paris in 1814.

Von Closen returned to Europe, became an officer of the house-
hold of Marie Antoinette, and died in 1830, at Zweibriicken.
Custine rose to high command in the French Revolution only to
end his days on the guillotine; his biography has been printed

1900. ] ROSENGARTEN—AMERICAN HISTORY. 145

both in French and German. Ratterman thinks at least one-third
of Rochambeau’s army at Yorktown consisted of Germans, Alsa-
tians, Lothringers and Swiss. Gen. Weedon, he says, was born in
Hanover, served in the Austrian War, 1742-81, and for his services
at Dettingen was promoted first to ensign and next to lieutenant,
coming in that rank to America in the Royal American Regiment
under Bouquet. He became a captain in the Third Virginia, and
colonel of the First Virginia, and later a brigadier-general of the
Continental army. The Germans under Ewald were driven back
by the Germans under Armand at Gloucester, Va., and in the siege
of Yorktown, Deux-Ponts led his Germans in the attack on a
redoubt defended by Hessians, and at several points commands
were given on both sides in German. Washington and the King
of France both commended the valor of the Zweibriicken regiment.
German soldiers held the trenches on both sides when the surrender
was finally made. German regiments under the French and Amer-
ican flags received the surrender of German regiments—Anspach,
Hessian, serving under the British flag—and the officers and men
joined in warm greetings; the Anspachers offered to serve with
their countrymen in Lauzun’s Legion, an offer declined as a viola-
‘tion of the terms of capitulation. The German novelist Sealsfield,
in his story Morten, Stuttgart, 1844, describes Steuben’s share in
this crowning victory. Mr. J. F. Sachse has drawn from his large
store of material a letter written by the Duke of Brunswick on
February 8, 1783, to Gen. Riedesel, in view of the return of his
force to Germany, in which he says that as not half of his officers
and subordinates can remain in active service at home, while many
of them must be reduced in rank and more discharged altogether, _
all who can had better remain in America, as he would not burthen
his people and his war budget with pensions for young and able-
bodied men; he therefore authorizes and recommends the discharge
of officers, especially those of the staff, with six months’ pay out of
the regimental funds; non-commissioned officers, too, should be
encouraged to take their discharge and stay in America, so that
companies may be reduced to fifty in the infantry and thirty-six in
the dragoons, and these must all be natives of Brunswick; all men
under punishment or charged with offenses or physically unfitted
must be left behind. Chaplains, paymasters, surgeons, etc., who
can make their living in America, were recommended to stay here.
In this way, and with those who died in the service or deserted,

146 ROSENGARTEN—AMERICAN HISTORY. [April 6,

the force returning to Brunswick was greatly reduced. This letter
is printed in the Brunswick Magazine of June 4, 1825; the same
and earlier numbers contain extracts from Papet’s diary, which was
then in possession of his son-in-law, Captain Heusler, in Brunswick.
It was not until April 29, 1783, that peace was officially pronounced
to the troops, and they sailed from Quebec on August tst for a six
weeks’ voyage home.

Papet says that the deserters had a price put on their heads, and
many of them were arrested and brought back, so that the Duke’s
orders were not very literally obeyed. On their return to Bruns-
wick the division was reduced to an infantry regiment of two bat-
talions and a small dragoon regiment. Among them were some
black men enlisted by Gen. Riedesel as drummers. Until 1806
the dragoons served as guard of the palace—a sort of recognition
of their services. Riedesel named one daughter ‘‘ Canada,’’ she
died in Canada; and another ‘‘ America,’’ who died in 1856.
Eelking adds to his Lzfe of Riedese/ a list of officers, and among
them Chaplain Melsheimer figures as a deserter, in 1779; while
Paymaster Thomas remained in America after the peace of 1783,
and so did Lieut. v. Reizenstein, Lieut. v. Kénig, Ensign Langer-
jahn, Ensign Kolte, Lieut. Bielstein, Lieut. Conradi, Lieut. v. Pui-
seger, and Ensign Specht, while some of those reported ‘‘ deserters ”’
and ‘‘missing’’ no doubt remained in America. It is curious that
in Riedesel’s Zzfe, with its voluminous correspondence with the
Duke of Brunswick, there is no mention of the letter recommend-
ing that his officers and men should be encouraged to remain in
America. It looks very much as if Eelking thought it indiscreet
to print it, as likely to invite hostile criticism, a caution that does
not seem to have deterred the editor of the Brunswick Magazine in
1825, a time when the censor kept a sharp eye on anything that
might lessen the respect for the Landesvater. In its way it fully
justifies Franklin’s clever skit at the Elector of Hesse in the ficti-
tious letter to his commander in America. There must still remain
in Marburg and Cassel and Berlin and Brunswick, and in the pri-
vate families of Germany, much interesting and valuable material
throwing light on the Germans who served under the British flag in
the War of American Independence. Is it not well worth while to
get a complete descriptive catalogue of the papers in the Marburg
Archives? The expense would not be great, and that once secured,
it would not be difficult to have similar catalogues made for other

1900.] ROSENGARTEN—AMERICAN HISTORY. 147

public collections. In the meantime efforts could be made to print
such items of these catalogues as are new, and to enlist the help of
private owners of papers of the kind in securing copies to use in
printing in part or in whole for historical students.

There is no better example of the interest in such material than
the letters of Mme. Riedesel. Printed in Berlin in 1800, and again
in 1801, they first became known to English readers through por-
tions of them printed by Gen. Wilkinson in his J/emoirs, and re-
printed in Silliman’s Zour in Canada. In Germany they were
reprinted in 1827, and again in 1881.

The original edition was intended only for the family, and Gen.
Riedesel himself died in 1800, before it appeared. His widow
survived until 1808. Her daughters ‘‘ Canada” and ‘‘ America’’
perpetuate in their names their place of birth. The only son died
in 1854, and with a grandson the last of the family ended. Amer-
ican readers will always find interest in Mme. Riedesel’s simple
narrative of her life here. Mme. Riedesel’s Ze¢ters were first
issued in 1799 in a privately printed edition for the family and
their friends, and regularly published in 1800; the latest German
edition is that published in Tiibingen in 1881, in which the letters
of Riedesel, together with brief biographies of husband and wife,
and an account of their children are given. It is stated in the
Preface that of the 4300 Brunswick soldiers led by Riedesel from
Germany to America only 2600 returned home with him. Of the
1700 lost to their native country many were of course a gain for
America. Riedesel died on January 5, 1800, after a harsh expe-
rience in the Napoleonic wars. His wife died on March 29, 1808;
their only son died in 1854, and the daughter ‘‘ Canada’’ died in
childhood ; the daughter ‘‘ America ’’ married and left children.

General Stryker in the Appendix to his story of the Battle of
Trenton prints (on pp. 396, etc.) the pretended letter from the
Landgraf of Hesse, in which there is mention of the losses at
Trenton, and at p. 401 Gen. Heister’s report of that battle, and on
p- 403 the real letter written by the Prince of Hesse to Knyphausen,
dated Cassel, 16th June, 1777, in which he speaks of the painful
shock of the news, and directs a court of inquiry to investigate
and a court-martial to try those responsible, and another of April
23, 1779, insisting on a detailed explanation of the captains and
others as to the finding of the original court ; these proceedings
continued and a final verdict was arrived at in New York in Jan-

148 ROSENGARTEN—AMERICAN HISTORY. [April 6,

uary, 1782, accompanied by a petition for mercy for those incul-
pated but surviving. Rall and Dechow had paid the penalty with
their lives. This was signed (among others) by Schlieffen in April,
1782, and thus that incident was closed by the Elector’s pardon to
the survivors from the penalty imposed by the court-martial. The
actual correspondence consisted of Gen. v. Heister’s report, dated
New York, January 5, 1777, answered by the Elector on April 7,
regretting that Rall should have been entrusted with a post to which
he was not entitled by seniority or service. That Kapp is mistaken
in crediting the pretended letter to Mirabeau is best shown by
comparing his wordy Avis aux Hessois with the short, sharp, pun-
gent letter that bears internal evidence of Franklin’s master hand.
Reprinted by Ford and Stryker and Bigelow and Tyler, it is easily ac-
cessible, while the 4v/s aux Hessois of Mirabeau is much less known,
and a reprint of it may be of interest as one of the forgotten
pamphlets of the man who later on played such a leading part in the
French Revolution, yet failed to do for his country a tithe of the
good that Franklin did for America. Still, it must not be forgotten
that Mirabeau was one of the earliest French advocates of Ameri-
can independence, and that his Avs aux Hessors was a warning
note, the opening of a war of words, of a long-drawn-out battle of
pamphlets, in which the American cause was fought for by French
allies on the one side, and on the other by Germans in the pay of
English and Hessian authorities. Undoubtedly Mirabeau’s influ-
ence led Beaumarchais to his best efforts to supply men and provi-
sions and munitions of war for the American cause, culminating,
largely, no doubt, through Franklin’s efforts, in the alliance which
played so great a part in the final result.

Of even greater value, however, is Schiller’s eloquent protest in
his Kadale und Liebe against the sale of German soldiers to Great
Britain to be used against America. Frederick the Great denounced
his cousin of Hesse for selling his subjects to the English as one
sells cattle to be dragged to the shambles. Napoleon made it one
of his reasons. for overthrowing the house of Hesse Cassel and
making the country part of the Kingdom of Westphalia, over
which his brother reigned. Lowell praises Mirabeau’s pamphlet as
an eloquent protest against the rapacity of the German princes
who sold their subjects to Great Britain, and a splendid tribute to
the patriotism of the Americans. Fortunately the large number of
Germans who served in the American army on the patriot side,

1900. } ROSENGARTEN—AMERICAN HISTORY. 149

from Steuben and De Kalb down to the humblest soldiers, greatly
helped to secure American independence. Although Franklin’s
letter is printed in both Ford and Bigelow’s lives and books of
Franklin, it may not be without interest to reproduce the original
French and the pamphlet by Mirabeau, Avs aux Hessois, the first
of a long series of pamphlets, notably those by Schlieffen on the
German side and by Raynal on the American side, for in their day
these were most effective weapons in that war of pamphlets and
books which greatly strengthened the American cause abroad.
These copies I owe to the kindness of Mr. Wilberforce Eames, of
the Lenox Branch of the New York Public Library; the originals
are part of the wealth of original papers and pamphlets and books
collected by Mr. Bancroft as material for his history and now
owned by the Lenox Library. Their free use for students of Amer-
ican history is one of the advantages of this present generation.

APPENDIX.
le

LETTRE DU LANDGRAVE DE HESSE, AU COMMANDANT DE SES
TROUPES EN AMERIQUE.

Monsieur le Baron de Hogendorf je ne puis assés vous témoigner
combien la Relation que vous mavéz Envoyé m’a comble de joye—l’a
conduite de mes hessois qui sont fait Immoles si heroiquement
pour une cause qui nous est si Etrangere, confirme toute l’opinion
que javois de leurs bravoure, & Justifie l’Espoir que javois fondée
sur leur attachement 4 mes Interés—mais je ne puis pardonner aux
nouvellistes Anglois d’avoir diminué si fort, le nombre de nos morts—
pourquoy n’avoir, pas a vouée franchement, qu’aulieu de neuf cent nous
en avons perdu 1700! En veritié je ne trouverois Guere mon Compte
ace calcule, & je ne puis l’attribuer qu-a un motif trés Interresse de
leurs part—ces Messieurs Croyent-ils donc, que trentes Guinnés de plus,
ou de mois me sont Indifferents! & cela, aprés un voiage aussi
couteux, que celuy que je viens de faire, & qui, m’a fait contracter
tant de nouvelles dettes . . . . non, mon cher, que votre Zele pour mon
service, & vos desirs, pour contribuer a mes plaisirs Redoublent defforts
en secondant par tous les moiens possibles, toutes les Occasion qui
pourois se presenter pour animer, de plus en plus mes fidéles sujets a
se sacrifier Jusgu’au dernier meme. Pour Repondre a des vués aussi
légitime, que necessaries.

150 ROSENGARTEN——AMERICAN HISTORY. [April 6,

Temoignés bien de m’apart au Colonnel M——— combien je suis
mécontent de la conduite qu’il a tenu jusqu-ici,—quoy ? Le seul de tous
nos corps qui n’a perdue qu'un seul homme jusqu’a présent —c’est, ce
couvrir de honte, & Redoubler mes peines;—la Signora F———~ que
je viens, d’Engager en /fazze va me couter au de la de Cing cents
Guinées par an, & puis ces Anglois, voudroient encore mechicaner sur
les blessés, & les estro piés—mais non ils me les payeront selon le
méme Tarif fixé pour les morts—si non, jaime mieux, quils Imitent
l’Exemple de ceux qui se sont laissés prendre a Trenton—en effets—a
quoy meserviroient ses miserables! ici? Ils ne sont plus a bon a Rien; —
d’ailleurs, ces maudits Rebelles qui, tirent toujours si bas, les auront
sans doubte Rendus Impuissants, mais quant a céla, les Jesuites que
j'ai envie d’appéller dans mes etats, s’en acquitteront mille, & mille fois
mieux, & Réparéront bientdt, toute la de population, qui ne s’y
manifeste deja que trop, c’est un Expedient que m’a donné a Rome, le
Cardinal T———— qui m’a promis de me menager cette affaire avec
toute la dexteritée Imaginable,—Vous ne sauriez croire (matil dit ;)
combien la vué de tant de bellés Guinées Ranime la vigueur. Or quoy
qu'il en arrive jouissons du présent & ne nous mettons pas en peine du
Reste; sur ce, je prie Dieu, qu’il vous tienne Monsieur le Baron de
Hogendorf, en sa sainte, & bonne Garde, a Cassel, 1777.

LI.

Avis AUX HEssois ET AUTRES PEUPLES DE L’ALLEMAGNE

.

VENDUS PAR LEURS PRINCES A L’ ANGLETERRE.
A Cieves. CuEz BERTOL. 1777.

Quis furor tste novus ? quo nunc, quo tenditis 2—
fleu! mtsert ctves! non hostem, tnimtcaque castra,
Vestras spes urttis.—V RG.

Intrépides Allemands! quelle flétrissure laissez vous imprimer sur vos
fronts généreux! quoi! c’est a la fin du dix-huitieme siecle, que les
peuples du centre de |’Europe sont les satellites mercenaries d’un odieux
Despotisme! gzoz / ce sont ces valeureux Allemands, qui défendirent
avec tant d’acharnement leur liberté contre les vainquueurs du monde,
& braverent les armées Romaines, qui, sembables aux vils Africains,
sont vendus & courent verser leur sang dans la cause des tyrans! ils
souffrent qu’on fasse chez eux LE COMMERCE DES HOMMES! qu’on
dépeuple leurs villes, qu'on épuise leurs campagnes, pour aider
d’insolens dominateurs 4 ravager un autre hemisphere! ... . Par-
tageres vous, longtems encore, le stupide aveuglement de vos maitres

1900.] ROSENGARTEN—AMERICAN HISTORY. 1ol

. .. vous, respectables soldats! fidelles & redoutables soutiens
de leur pouvoir! de ce pouvoir qui ne leur fut confié que pour
protéger leurs sujets!.... vous €tes vendus! |... Eh! pour
quel usage! justes dieux! ....Amoncelés comme des troupeaux
dans des navires étrangers, vous parcourez les mers: vous volez a
travers les écueils & les tempétes, pour attaquer des peuples qui ne
vous ont fait aucun mal; qui défendent la plus juste causes, qui vous
donnent le plus noble des exemples. Eh! que ne les imitez vous, ces
peuples courageux, au lieu de vous efforcer de les détruire! ils brisent
‘leurs fers: ils combattent pour maintenir leurs droits naturels, &
garantir leur liberté: ils vous tendent les bras: ils sont vos fréres: ils
sont doublement : la nature les fit tels, & des liens sociaux ont confirmé
ces titres sacrés: plus de la moitié de ces peuple est composée de vos
compatriotes, de vos amis, de vos parens. Ils ont fui la tyrannie aux
extrémités du monde; & la tyrannie les y a poursuivis: des oppresseurs,
également avides & ingrats, leur ont forgé des fers; & les respectables
Américains ont aiguisé ces fers, pour repousser leurs oppresseurs. . . . -
Le nouveau monde va donc vous compter au nombre des monstres,
affamés d’or & de sang, qui l’ont ravagé! Allemands, dont la loyauté
fut toujours le caractére distinctif, ne frémissez vous pas d'un tel
reproche” A ces motifs, faits pour toucher des hommes, faut-il joindre
ceux d’un intérét également pressant pour des esclaves & des citoyens
libres ?

Savez vous quelle nation vous allez attaquer? Savez vous ce que
peut le fanatisme de la liberté? C’est le seul qui ne soit pas odieux :
c’est le seul respectable ; mais c’est aussi le plus puissant de tous.... .
Vous ne le savez pas,’6 peuples aveugles! qui vous croyez libres, en
rampant sous le plus odieux des Déspotismes: celui qui force au crime!
Vous ne le savez pas, vous que le caprice ou la cupidité d'un Déspote
peuvent armer contre des hommes, qui méritent de l’humanité entiére,

A

puis qu’ils défendent sa cause, & lui préparent un asile!....6
guerriers mercenaires ! 6 satellites des tyrans! 6 Européens énervés!
vous allez combattre des hommes, plus forts, plus industrieux, plus
courageux, plus actifs, que vous ne pouvez l’étre : un grand intérét les
anime: un vil lucre vous conduit: ils défendent leur propriété, & com-
battent pour leurs foyers: vous quittez les vétres, & ne combattez pas
pour vous: c’est au sein de leur pais, c’est dans leur climat natal, c’est
aidé de toutes les resources domestiques qu’ils font la guerre contre des
bandes, que l’océan a vomies, aprés avoir préparé leur défaite. Les
motifs les plus puissans & les plus saints excitent leur valeur, & appellent
la victoire sur leurs pas. Des chefs, qui vous méprisent, en se servant
de vous, opposeront de vaines harangues a l’éloquence irrésistible de la
liberté, du besoin, dela nécessité. Enfin, & pour tout dire en un mot, la
cause des Américains est juste: le ciel & la terre réprouvent celle que
vous ne rougissez pas de soutenir :

152 ROSENGARTEN-—AMERICAN HISTORY. [April 6,

O Allemands! qui donc a soufflé, parmi vous, cette soif de com-
battre, cette frénésie barbare, cet odieux dévouement a la tyrannie ?

Non: je ne vous comparerai pas a ces fanatiques Espagnols, quj
détruisoient pour détruire, qui se bagnoient dans le sang, quand la
nature épuisée forcoit leur insatiable cupidité a faire place a une passion
plus atroce. Des sentimens plus nobles, des erreurs plus excusables
vous égarent. Cette fidélité pour vos chefs, qui distingua les Germains
vos ancétres, cette habitude d’obéir, sans calculer qu’il est des devoirs
plus sacrés que l’obéissance, & antérieurs a tous les sermens, cette
crédulité qui fait suivre l’impulsion d’un petit nombre d’insensés ou
d'ambitieux ; voila vos torts ; mais ils seront des crimes, si vous ne vous
arrétez au bord d’abime . . . . déja ceux de vos compatriotes, qui vous
ont precédés, reconnoisent leur aveuglement; ils désertent ; & les bien-
faits de ces peuples, qu’ils égorgeoient n’agucre, & qui les traitent en
fréres, aujourd’hui qu’ils ne leur voient plus en main le glaive des
bourreaux, aggravent leur remords, & doublent leur repentir.

Profitez de leur exemple, 6 Soldats! pensez a votre honneur: pensez
a vos droits: . . . . n’en avez vous donc pas comme vos chefs? ....
Oui: sans doubte: on ne le dit point assez: les hommes passent avant
les Princes, qui pour le plupart, ne sont pas dignes d’un tel nom:
laissez a d’infames courtisans, a d’impies blasphémateurs, le soin de
vanter la prérogative royale: & ses droits illimités : mais n’oubliez point
que TOUS ne furent pas faits pour UN: qu’il est un autorité superiéure
aA toutes les autorités: que celui qui commande un crime, ne doit
point étre obéi: & qu’ainsi votre conscience est le premier de vos
chefs.

Interrogez la cette conscience: elle vous dira, que votre sang ne doit
couler que pour votre patrie: qu'il est atroce de recevoir de l’argent
pour aller égorger, a plusieurs milliers de lieues des hommes, qui n’ont
d'autres relations avec vous que celles, qui doivent leur concilier votre
bienveillance.

Elle prétend faire une guerre légitime, cette Métrople, qui s’épuise
pour ruiner ses enfans! elle réclame ses droits. & ne veut les discuter

qu’avec la foudre des combats! . . . . mais fussent-ils réels, ces droits,
les avez vous examinés? Est-ce 4 vous a juger ce proces? Est-ce a
vous a prononcer l’arrét? Est-ce @ vous a l’exécuter? . 3 2. Eh}

qu’importent aprés tout ces vains titres si problématiques & si
contestés? L’homme, dans tous les pais du monde, a le droit d’étre
hereux. Voila la premiere des loix: voila le premier des titres:
des colonies ne vont point fertiliser des terres nouvelles, augmenter
la gloire & la puissance de la mére-patrie, pour en €tre opprimees
.... le sont-elles? Elles ont le droit de secouer le joug: parce que
le JOUG n'est pas fait pour l'homme.

Mais, qui vous a dit que les Anglois avoient signé l’arrét de proscrip-
tion lancé contre les Américains? .. . . Braves Allemands! on vous a

1900.] ROSENGARTEN—aAMERICAN HISTORY. 153

trompé. N’avilissez pas par un tel soupcon une nation quia produit de
grands hommes & de belles loix, qui nourrit longtems dans son sein le
feu sacré de la liberté, & mérite, a ces titres, du respect & des égards
.... Hélas! dans les isles Britanniques, comme dans le reste de
l’univers, un petit nombre d’ambitieux agite le peuple & produit les
calamités publiques. Le moment de crise est arrivé. 1’Angleterre n’est
divisée, malheureuse, en guerre contre ses fréres, que parce que le
Déspotisme lutte depuis quelques années avec avantage contre la liberté.
Ne croyez donc pas défendre la cause des Anglois : vous combattez pour
l’accroissement de l’autorité de quelques ministres qu’ils abhorrent &
méprisent.

Les voulez vous connoitre, les véritables motifs qui vous mettent les
armes a la main?

‘Un vain luxe, des dépenses meprisables ont ruiné les finances des
Princes qui vous gouvernent; leurs spoliations ont tari leurs resources ;
ils ont trop souvent trompé la confiance de leurs voisins, pour y
recourir encore. I] faudroit donc renoncer a ce faste excessif, A ces
fantaisies sans cesse renaissantes, qui sont leur occupation la plus
importante’; ils ne peuvent s’y résoudre; ils ne le feront pas;
l’Angleterre épuisée d’hommes & d'argent, achete a grands frais de
l’argent & des hommes Vos Princes saisissent avidement cette resource
momentanée & ruineuse: ils levent des Soldats: ils les vendent: ils les
livrent: voila l'emploi de vos bras: voila 4 quoi vous étiez destinés,
Votre sang sera le prix de la corruption, & le jouet de l'ambition. Cette
argent, qu'on vient d’acquérir, en commergant de vos vies, paiera des
debtes honteuses, ou aidera a en contracter de nouvelles. Un avide
usurier, une méprisable Courtisane, un vil histrion, vont recevoir ces
guinées données en échange de votre existence.

O dissipateurs aveugles! qui vous jouez de la vie des hommes, &
prodiguez les fruits de leurs travaux, de leurs sueurs, de leurs substance,
un repentir tardif, des remords déchirans seront vos bourreaux, mais ne
soulageront pas ces peuples que vous foulez; vous regretterez vos
laboureurs & leurs moissons, vos Soldats, vos sujets; vous pleurerez
sur les malheurs, dont vous mémes aurez été les artisans, & qui vous
envelopperont avec tout votre peuple. Un voisin formidable sourit de
votre aveuglement, & s’appréte a en profiter; il forge déja les fers,
dont-il médite de vous charger: vous gémirez sous le poids de vos
chaines, fussent-elles d’or; & votre conscience, alors plus juste que
votre cceur ne fut sensible, sera la furie vengeresse des maux que vous
aurez faits.

Et vous peuples trahis, vexés, vendus, rougissez de votre erreur: que
vos yeux se dessillent: quittez cette terre souillée du déspotisme:
traversez les mers: courez en Amérique ; mais embrassez y vos fréres ;
défendez ces peuples généreux, contre l’orgueilleuse rapacité de leurs
persécuteurs: partagez leur bonheur: doublez leurs forces: aidez-les

154 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

de votre industrie: appropriez vous leurs richesses en les augmentant :
tel est le but de la société: tel est le devoir de l>homme, que la nature
a fait pour aimer ses sembables, & non pas pour les égorger: apprenez
des Américains l'art d’étre libre, d’étre hereux, de tourner les
institutions sociales au profit de chacun des individus qui composent
la société: oubliez dans le respectable asile, qu’ils offrent a l’humanite
souffrante, les délires, dont vous ftites les complices & les victimes:
connoissez la vraie grandeur: la vraie gloire: la vraie felicité: que
les nations Européennes vous envient, & bénissent la modération
des habitans du nouveau monde, qui dédaigneront de venir les punir
de leurs forfaits, & de conquérir les terres dépeuplées, que foulent
des tyrans a oppresseurs & qu’arroseent de leurs larmes des esclaves
opprimés.

CALENDAR OF
THE CORRESPONDENCE OF
MAJOR-GENERAL NATHANAEL GREENE,
QUARTERMASTER-GENERAL U.S. A.,

IN THE LIBRARY OF THE AMERICAN PHILOSOPHICAL SOCIETY.
Prepared under the Direction of the Committee on Historical Manuscripts.
(Read April 6, 1900.)

LETTERS TO GENERAL NATHANAEL GREENE.

ABEEL, JAMES F. (Col.) :

No date.—Acknowledging favor of 27th inst. Report of the work
on portmanteaus and tents. Vol. v, No. go.

No date.—Report and drawing of the ground between Parsippany
Meeting House and Boon Town (Boonton, N. J.).
Vol. ix, No. 11.
1778.—Afpril 16. Leverwick.—Business at Pompton. Public in-
debted to Mr. Faesh at least £10,000 for iron and other
articles. Will try and pay his share, which is trifling.
Vol, x, Nowe:
1778.—Vovember 8.. Morristown.—Horses taken by him for
necessary duties. Hopes he has not done wrong.
Vol. x, Noo:

On
Or

1900 j CALENDAR OF THE GREENE CORRESPONDENCE. li

ABEEL, JAMES F. (Col.) (continued ) :

1778.—LVovember 9. Morristown.—Acknowledging favor of 5th
inst. Concerning the number and price of various articles
ordered by General Greene. (Copy.) Vol. x, No. 45,

1778.—lVovember 9. Morristown.—A draft of letter No. 42 in
Vol. x of same series. Vol. x, No. 49.

1778.—LVovember rz. Morristown.—-Destination of various stores.
Suffering for want of forage; unless other methods are de-
vised to procure it, the supplies must cease. Lazy conduct of
wagoners who loiter on the road, with no one to call them to
account. Vol. x, No. 44.

1779.—february 11. Morristown.—Sends the bearer, Mr. Maer-
schalk, to procure some cash if possible. Nurhber of tools
and great quantity of horseshoes contracted for, take a large
amount of money. Cost of iron. Will furnish a general re-
turn of stores the following week. Vol. iv, No? 2:

1779.—February 12. Morristown.—Acknowledging favors of 11th
and 12th insts. (from Gen. Greene ?). Concerning tents, wagon
harness, axes, etc. Number of wagons sent him. Question of
forage. Want of cash. Price of iron. Sent him two saddles
of venison. Vol. viii, No. 3.

1779.—February 20.—Informing him how he may procure some
cider. Vol. iv, No. 3.

1779 (?)—February 217.—Asking Gen. Greene to write to Gen.
Knox about repairing tents, and to Capt. Bruen to send him
the ship carpenters. Poor quality of axes made in Pennsylva-
nia. In need of cash to pay for iron, horseshoes, etc.

Vol. xi, No. 84.

1779.—Lfebruary 24. Morristown.—Want of leather for the har-
ness makers ; asks him to apply to His Excellency for an order.
Vole vin, No. 4:
1779.—Lebruary 28. Morristown.—Asks for a portion of the sup-
ply of cash sent Gen. Greene by Mr. Pettit. . Numerous calls
on him. Will do all in his power to procure a good, honest
girl for Mrs. Greene. Vol. ix, Noe.
1779.—May 14. Morristown.—Sends returns by bearer, Mr.
Maerschalk. Orders received for tents. Applied to Mr.

156 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

ABEEL, JAMES F. (Col.) (continued ) :

Lewis, quartermaster of Morristown, for horses, and in his
absence to his substitute, but was always disappointed.
Vol. vii, No. 95.
1779.-—May 19. Morristown.—Acknowledging favor of 17th inst.
Tent-makers will be idle for want of twine. Reason for his
writing Mr. Weiss rather a warm letter; no dislike to him,
however, and would do him any service in his power. Ac-
count of tents issued and those on hand. Vol. v, No. 30.

1779.—May 22. Morristown.—Has discovered the reason ef the
deficiencies in the stores, sent off to Mr. Weiss from Morris-
town. Many of the articles found in the possession of the in-

habitants of that town, all of whom will be in gaol before ~

night. Wants to know if the men in the wagonmaster’s de-
partment shall be sent to camp or tried by the civil law.
Great want of twine for the tent-makers. Vol-v,. No: 55

1779.—May 23. Morristown.—Acknowledging favor of 22d inst.
Will set the saddlers to work at the portmanteaus. Has found
sufficient proof against a number of inhabitants who were, and
are still, in the service; articles belonging to the Commissary-
General found in their houses. The guilty shall be punished.
Mrs. Abeel will be happy to see Gen. and Mrs. Greene at
Morristown. Vol. v, No. 68.

1779.—May 26. Morristown.—Acknowledging favor of 23d inst.
Concerning the making of tents. Will be out of twine unless
Mr. Mitchell answers his repeated demands for some. His
men working night and day. Desires an order to enable him
to procure leather. Vol: v, Nown:

1779.—May 26. Morristown.—Acknowledging your favor of 25th
inst. Tents and canteens to be forwarded at once. Never
mentions a syllable in any of the letters received from Gen.
Greene. Has found nine persons guilty of felony, and seventy
of plundering the stores in the public wagons.

Viol. wo. 274:

1779.— October 21. Morristown.—Acknowledging favor of 16th
inst. Has sent large parcel of nails to Col. Hay. The court
thought it had sufficient proof against Mr. Lewis to call a
court-martial. It is certain that he has made an estate of

1900. ] CALENDAR OF THE GREENE CORRESPONDENCE. 157

ABEEL, JAMES F. (Col.) (continued ):
about £20,000 in the course of two years. Mentions various
proofs of this man’s roguery. Denies having lost his temper
in court; has been quiet under many insults. Mr. Lott and
Mr. Livingston in town; their wives the guests of Mrs. Abeel.
Vok ai, No. 92.
1779.—October 28. Morristown.—Mr. Weiss’ order for a number
of articles shall .be attended to. Gen. Sullivan’s demand for
150 tents ; cannot procure duck. Court of inquiry finished.
Mr. Lewis failed to produce any evidence against him
(Abeel). Ifa court-martial is called, can bring enough proof
to hang Lewis. Implores Gen. Greene to let some steps be
taken to bring the villain to justice and clear his (Abeel’s)
character. Vole Noses:
1779.—LVovember 7. Morristown.—Acknowledging favor of 4th
inst. In accordance with Gen. Greene’s letter, he and Lord
Stirling set off to view the ground. Will try and have all the
tools ready when called for. Vol. ix, Noss:

1779.—LVovember 7. Morristown.—Concerning a quantity of re-
fined iron which he thinks it would be an advantage to the
Department to buy. Vol. 1x, Nor 4.

1779.—LVovember 10. Morristown.—Enclosing a rough sketch of
a beautiful place for an encampment, abounding in wood, water
and every other necessary. Preparing everything as fast as
possible. Will have fowls, turkeys and potatoes, etc., provided
in time for the General. Voli; No: ¥.

1779.—lVovember 17. Morristown,.—Has provided quarters for
Mrs. Greene and Mrs. Olney near his house and will do every-
thing to make their situation agreeable. Vol..ix, Nos 6.
1779.—LVovember 22.—Position of Col. Willet’s regiment.
Vol: ix; No.: 9.
1779.—LVovember 23. Morristown.—Will put locks on doors to
secure Mrs. Greene’s clothes. Position of troops. By 10
o’clock will report on the ground near Mr. Lott’s.

Vols 1x; No.27:
1779.—LVovember 23. Morristown.—Quartering of troops. De-
scription of ground back of Mr. Kemble’s. Vol. ix, No. 8.
1779.—LVovember 24. Morristown.—Report of the woods near
Mr. Lott’s. Vol. ix, No. 10.

158 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

BARRETT, SAMUEL, & Co :

1779.—/anuary 12. Boston.—Condoles with him on the loss of
so capable, so honest and so assiduous a person as Mr. An-
drews. Applies for the agency himself. His well-known fit-
ness for it. Mentions various people who can furnish him
with testimonials. Vol. viii, No. 5.

BAYLEY, JACOB:

1779.—LVovember 9.—Sends by Major Whitcomb what accounts he
has collected. Has orders to build a slaughter and storehouse
at Charlestown (N. H.) to be used for an enterprise into
Canada. His opinion of this plan. Thinks America’s inde-
pendence insecure until there is a union of Canada and the
thirteen States. Must have $12,000 at once.

Vol: 111, No%3:

Beatty, CHARLES :

1778.—Movember 27. Fredericktown.—Acknowledging favor of
roth inst. and promising to aid Col. Bland and Mr. Daven-
port in all things. Unless his department is enlarged by the
addition of Frederick county, he does not choose to act any
longer, for reasons heretofore stated. Vol. x, Now43.

BEATTY, JOHN:

1779.—February 17. Commissary of Prisoners’ Office. —Asking
him to transmit certain papers to Col. Greene. All houses in
the vicinity of headquarters taken. His office requires con-
stant attendance on the Commander-in-chief. Would suggest
that the Rev. Dr. Belmain give up his house, as he can carry
on his duties with equal regularity at a greater distance. Would
like the General to point out the proper measures for his
removal. ’ Vol: iv, Nowe.

1779.—Frebruary 22. Commissary of Prisoners’ Office. —The bearer,
Lt.-Col. Darke, of the Virginia Line, being a prisoner on
parole to the enemy, is returning to his captivity in New York.
His horse being lame, begs another one for him as far as Eliza-
beth Town. Voli, Nowa

BELDING, SIMEON :

1779.—May 23. Camp, Reading.—Has applied in vain to Captains
Hubbard and Star for tents for Gen. Parson’s brigade, which
is in good order and fit to march. Vol. v, No. 69.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 159

BELDING, SIMEON (continued ) :
1779.—May 25. Reading.—Concerning a supply of portmanteaus
and tents. Viole vi, NO; 1O.

BERRY, SIDNEY:

1779.—lVovember 6.—Repairing of boats in New Jersey. Desires
orders respecting boats and teams. Captain Clinton will re-
port on damages. Vol. ix Now 12.

Betts, WILLIAM M.:

1779.—LVovember 3. Fishkill.—Artificers hired by the day quit
work on Monday last. They have presented him with propos-
als, of which the enclosures are copies. Col. Hay gone to
Rhynbeck (Rhinebeck) to inspect the rafts there.
Vol. 111, No.5;
1779.—LVovember 15.—Acknowledging, in Col. Hay’s absence, his
favor of equal date. Col. Hay’s intention to wait on Gen,
Greene early in the morning. Vol. ili, No. 4.

BIDDLE, CLEMENT (Col.):

1779.—January 25. Camp, Middlebrook.—Acknowledging favors of
2oth and 22d insts., with an acceptable supply of money from
Col. Pettit. Scarcity of forage on account of great land car-
riage. Complaints against Col. Bostwick give him great pain.
Thinks the purchasers of forage should have an allowance made
for their incidental expenses. Arrival of a fleet of sail at York
laden with oats and flour. The first fleet, depended on for
provisions, is still missing. Mol.aix, Now, 13.

1779.—/anuary 27. Rarriton[Raritan].—Favorable reports from
Col. Hay concerning forage and horses. Difficulty of getting
in forage. Roads to Trenton and to North River must be re-
paired. Mr. Furman’s and Col. Hooper’s inability to provide
the required amount of forage. On the strength of a report
that the enemy were preparing to cross over from Staten Is-
land to Jersey, got ready for them, but they failed to material-
ize. Thinks they may attack Elizabeth Town. Would like
to have the Brigade Artillery. Vol. viii, No. 7.

1779.—Lfebruary 11. Philadelphia.—Excessive amount of forage

consumed. Efforts he is making to supply Pulaski’s Legion.
Prices rising and forage scarce. Vol. iv, No. 7.
PROC. AMER. PHILOS. SOC. XXXIX. 162. K. PRINTED MAY 17, 1900.

160 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

BIDDLE, CLEMENT (Col.) (continued ) :

1779.—february 20. Philadelphia.—Amount of grain forwarded.
Sorry to learn from Col. Finnie of Virginia, that their bay is
full of the enemy’s cruisers, which prevents him from sending
any of the forage to the head of the Elk. Has written to Col.
Pettit to suggest to the Committee of Congress the advisa-
bility of clearing the bay. Rumor from Congress of some for-
eign intelligence of great importance raised the valuation of
money, but only for the moment. Hopes the publication of the
good news will add to the money’s value. _—-Vol. iv, No. 6.

1779.—Lebruary 24. Philadelphia.—Announcing the birth of a
son. Large consumption of grain by the horses. Will set out
for camp on Sunday. Vol. x, No; 5:
1779.—May 22. Rarriton | Raritan].—Enclosing one set of the
returns of his department and promising others.
Vol. 1, No. 76%

1779.—May 27. Middlebrook.—Informing him what States can be
depended on for supplies of forage. Advising that the inhabi-
tants of certain districts be left at home to cut the hay and
grain. Asking that the question of pasturing the horses be
presented to His Excellency. Vol. v, No. 83,
1779.—May 28. Camp.—Report of the state of the scythes. Has
sent a person to collect all the bags in certain districts, as the
waste of grain without them is very great. Vol. v, No. 89.
1779.—May 28. Rarriton [Raritan|.—Mr. Furman having left,
returns the letter to Gen. Greene. Insufficient pasturage for
horses. Vol: ‘v; Nowor:
1779.-—May 32. Rarriton | Raritan|.—Arrival of fifty horses in
good condition. Amount of grain forwarded.
Vol. vi, No. 20;
1779.—October 29. Morristown.—Enemy has not destroyed any
hay at Quibble Town and only eighty or ninety tons at Raritan,
after which they returned to Amboy, leaving their comman-
der, Col. Simcoe, and one or two others, prisoners. Report of
their burning Brunswick, false. Has given orders to provide
Gen. Sullivan’s army at Morristown. Vol. iii, No. 8.

1779.— October 30. Raritan.—Account of the landing of the
enemy, goo strong, at Amboy; the property destroyed and

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 161

BIDDLE, CLEMENT (Col.) (continued ):

plundered, and the number of men killed. Question of for-
age and stores ; fears for them should the enemy land again.
Scarcity of flour on the North river. Voli it, No: 7:

1779.—LVovember 3. Murderer’s Creek.—Enclosing returns of the
damage done by the enemy in Jersey. Amount of hay in the
different towns; where he ordered it to be sent ; did not want
to leave it exposed to the enemy. Glad that Gen. Maxwell’s
brigade is marching to take post at Westfield. Difficulty in pro-
curing forage for Gen. Sullivan’s troops. Vol. iii, No. 13.
1779.—Lovember 3. Murderer’s Creek.—Report in detail of the
ground under the mountain back of Quibbletown and Scotch
Plains. Question of wood, water and the hauling of forage.
Vol. ili, No. 12.
1779.—LVovember 6. New Windsor.—Concerning the most north-
erly position the army wintering in New Jersey could take, in
order to be furnished with necessary supplies. Prospects for
winter quarters. Amount of forage in the different States.
Plans suggested, in case the arrival of Count d’Estaing should
decide a movement toward New York. Vol. ixs Now 14.

1779.—lVovember 9. New IWindsor.—Acknowledging favor of
8th inst. Amount of feed for horses; but this, as well as all
the army supplies, depends on their being furnished with
money speedily. Mol: ix; No; 16.
1779.—Vovember 112. New Windsor.—Enclosing (Col.) Bost-
wick’s letter with an account of the difficulties of getting the
forage down the river. Hopes they may get a sufficiency for
their horses. Would lixe to know the different positions and
routes they are to take, and when they are likely to move.
Voloin; No: 17.
1779.—LVovember 12. New Windsor.—Wishes to know by what
route the army will move to Jersey, that he may make the best
provisions for the horses. Disposition of the cavalry. Inhabi-
tants persuaded with utmost difficulty.to keep the horses in the
country for some days longer. Uneasy at not being able to
get forage down the river. Vol. 1x, Nowy
1779.—LVovember 15. New Windsor.—Begging him to order Mr.
Van Court to call on him for money, in order to take certain
horses off and make way for others. Vol. ii, Now9:

162 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

BIDDLE, CLEMENT (Col.) (continued):

1779.—Vovember 20. Stoney Hill.—Report of the ground from
Scotch Plains to Quibbletown Gap. Thinks the military posi-
tion a good one. Would be happy to view the ground with
Gen. Greene. Vol, ax; Now ree

1779.—Vovember 27. Bullion’s Tavern.—Mr. Lodge’s and Maj.
Burnet’s opinions of the ground at Stoney Hill. Will proceed
himself to Pluckemin, on the north side of Dead river, and see
if there is any ground suitable for encamping. Expects to pro-
ceed home the next evening for fresh clothes and horses.
Vol. ix;, No. x9.
No date.—Wear Pluckemin, Sunday morning.—Found several posi-
tions between Bullion’s and Pluckemin, for single brigades.
Desires to know where Gen. Greene (?) will meet him.
Vol. ix, No. 20.
Binney, B. (Dr.):
1779.—May 18. Somerset Court-house.—The two churches and
court-house, of which they have legal possession, being crowded
to a degree dangerous to the health of the wounded, has ap-
plied to the magistrates for the neighboring barns to accom-
modate the convalescents. In answer, they threaten to im-
prison the first who shall ‘‘ prostitute a barn to the use of sick
soldiers.’? What’s to be done? Vol. y;, No: i39:

BLODGET, WILLIAM :

1779.—May 24. Philadelphia.—Mrs. Greene’s pheton to be re-
paired by Saturday. Finds upon inquiry that the most advan-
tageous opening for himself is a captain of marines on board
the Dean Friday. Expects to drink tea with the Governor
that afternoon and will present Gen. Greene’s compliments.
The city in commotion owing to a publication threatening
vengeance on monopolizing speculators unless prices are re-
duced to what they were the Christmas before. Various
arrests made. Inhabitants to hold a probably stormy meeting
at the State-house. . Vol. v, No. 64.

Bonp, THomas, JR. (Dr.):

1779.-—May ro.—Informing him that his boy has gone through
the small-pox but is now fit for service. The pleasure it has
given him to have this opportunity to testify to the obligation

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 163

Bonpb, THomas, JR. (Dr.) (continued ):

he was under to Gen. and Mrs. Greene. Desires some orders
concerning the boy. Volk viiz No: '5 7.

BowEN, EPHRAIM (Col.):

"1779.—January 2. Providence.—Acknowledging favor of 1ath

inst., with $140,000. The letter countermanding the order to
pay Jacob Greene, Esq., $20,000 was carried to Boston by
mistake, and nearly the whole amount was paid to him.
Amount of disbursements. Report of the provision made for
the horses. Asks for cash. Vol. viii, No. 8.

1779.—February & Providence.—Acknowledging favors of the
26th and 27th ult. Matter of returns. Has had no success
in procuring vessels to bring rice. Exorbitant terms on which
a few could be had. Accident to horses. Engaged George
Benson to take the place of Mr. Olney, who is leaving. Pays
him $100 a month; hopes the General will consent to this.
Mr. Olney carries his account to the 1st inst.

Vol. iv, No. 10.

1779.—Lebruary 15. Providence. —Enclosing returns of stores on
hand, with list of persons employed and their pay. Will
dismiss his express as he hears that those on the communica-
tion to headquarters are called in. About fifty sail of trans-
ports observed coming down the Sound ; cannot learn if they
have troops on board. Applied to Mr. Otis for duck for
knapsacks. Vol, ay, No; . 92

1779.—May 6. Providence.—Enclosing accounts and returns for
past month. Unless speedy supply of money arrives, will not
be able to procure a single ton of hay. If Glover’s brigade
has orders to march, they will rob the department of neces-
sary horses. Vol. vii, No. 38.

1779.-—May 22. Providence.—Want of cash. Directed by Gen.
Gates to apply to him (Gen. Greene). Thinks the devil has
possessed everybody who has anything to supply the army
with. Carters refuse to move unless paid at once. The day
before a party of Tories landed at Quidnisit (Quidnick) and
took eleven of Col. Greene’s blacks; they left a small vessel
which grounded with five men. Vol. v; No. 57:

164 CALENDAR OF THE GREENE CORRESPONDENCE. [April6,

Bowen, EpruraiM (Col.) (continued ) :

1779.—May 26. Providence.—Has no doubt that Gen. Greene
has used his influence with His Excellency in order to help
them in their difficult situation. ‘Tory villains landed at
Quidnick and burnt Thomas Allen’s house, taking cattle and
prisoners. Enemy upwardsof s500strong. Vol. v, No. 72.

1779.—May 30. Providence.—Concerning resolve of Congress,
depriving those deputies who transact business on commis-
sions, from receiving pay and rations. Gen. Gates displeased
at having a letter for him enclosed in Col. Bowen’s packet.
Vol. v, No. tor.

1779.—October 3. Providence.—By his brother, Oliver Bowen,
has transmitted accounts to September 3, and returns of stores
and persons employed. Is doing everything to complete the
barracks, but one article needed is cash, which, if Gen.
Greene cannot give him, begs him to direct Mr. Pettit to give
to his brother. Rationsand pay of artificers. Enclosing papers
containing the State bill and the famous Act of the Assembly ;
committee engaged in looking into it. Vol. iii, No. 21.

1779.— October 10. Providence.—Acknowledging favor of the 3d
inst. Immediately ordered wagons to be put in best order
possible. Cannot find in town a pair of blankets of any
description ; will send to Boston for a pair. Arranged posts
for expresses. Would like an answer to his letter on artificers’
rations. Report of a large. fleet, supposed to be French,
sighted to the west of Block Island. Vol. iii, No-s19:

1779.— October 26. Mewport.—Informing him of the evacuation
of the island by the British army on the previous Monday
night. Gen. Gates landed on Tuesday morning and marched
into the town with great regularity and good order. English
left hay, straw, wood and coal behind—no other stores.
Promises him a pair of English blankets. Vol. ili, No. 15.

1779.—LVovember 6. Newport.— Acknowledging favor of 30th
ult. Has laid hold of every piece of duck in the town. De-
sires his directions as to the destination of the hay. Conti-
nental troops are leaving for Hartford, by way of Greenwich.
Hopes supply of cash will arrive soon. Vol; ix, Nose.

1779.—Vovember 10. Providence. —The bearer, Mr. Mitchell,

1900. ] CALENDAR OF THE GREENE CORRESPONDENCE. 165

BowEN, EpuraiM (Col.) (continued ) :

leaves the brigade against the wishes of all the officers, as he
wanted to go to headquarters to get his family from Long
Island. Will send the pair of breeches and waistcoat as soon
as they are finished. Vol. iii, No. 20.

1779.—LVovember 11. Providence.—Enclosing returns of stores
and persons employed for November. . Late in getting it off as
the General required his constant attendance on him ; left him
at Voluntown in a very good humor. Troops will be at Hart-
ford by Monday. Has put the horses belonging to artil-
lery out to pasture until they are wanted. Vol. iii, No. 16.

1779.—LVovember 25. Providence.—Enclosing a journal of the
siege of Savannah found on board a British sloop which put
into the harbor of Newport, not knowing that their friends had
evacuated that town. Wants order for clothing. Willi forward
accounts in December. Vol. tx, No. 22.

1779.—December 24. Providence.—Acknowledging favors of roth
and 13th insts., and enclosing return of all his employees in
the department. Matter of clothing for himself and other
officers. Question of supplying the sloop Arvgo and the
Pigot galley with duck. Vol. viii, No. 9.

BOWEN, OLIVER:

1779.— October 10. Gen. Howe's Headquarters, near Poim Bridge.
—Announcing his arrival with a packet containing the Quar-
termaster’s accounts intrusted to him by Col. Bowen. Will
wait on Gen. Greene the next day. Mol. 11, No? 18.

BRODHEAD, DANIEL (Col.):

1779.—-May 26. Pittsburgh.—Acknowledging favor of 13th inst.
Glad Gen. McIntosh is to go to the southward, but thinks his
temper will be as disagreeable to the inhabitants there as it
was in this district. Gen. McIntosh’s tactics in the last cam-
pain. His own command in fair condition. Dispute between
Gen. McIntosh and Col. Steel. Wishes Gen. Sullivan great
success against the ‘‘ black caitiffs of the North.’’ Case of a
young Delaware Indian, son of the late Capt. White Eyes, a
noted warrior, who is desirous of joining the expedition. De-
lay in receiving salt provisions. High wages of artificers ;
poor soldiers kept to the old rate without a murmur.

Vol. v, No. 77.

166 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

Brooks, D.:

1779.—May 24.—Directed by His Excellency to apply to Gen.
Greene for wagons to convey certain stores. Vol. vi, No. 6.

BROWN, BENJAMIN :

1779.— October 18.—Finds from the books that Mr. Joseph Webb
is charged with £1500. Account brought from Ledger A,
which book Mr. Story has locked up. Vol, 111, Na. 29.

Brown, Ws. (Dr.):

1779.—October 2. General Hospital, Otterhill. — Asking for a
horse for the bearer, Mr. Scott, who is Commissary for the hos-
pital and is obliged to ride about the neighborhood a good
deal. Vol. iii, No. 30.

BUCHANAN, JOHN (Capt.) :

1779.—October r. West Point.—Desiring authority to impress
vessels for the transportation of the Carolina brigade.
Vol. iii, No. 28.

BULL, SAMUEL :

1779.—Movember 15. Middleton. — Dimensions and number of
boats at Chatham shipyard. Vola; No vee

CALDWELL, JAMES:

1779.— October 27. Springfield.—Informing him of the advent of
the enemy the day before and the damage to property. Asks
him to use his influence with His Excellency to have the whole
or part of the Jersey brigade stationed somewhere near West-
field. The magazines of hay are of vast importance and the
State troops on duty are insufficient even to alarm the country—
7. e.: the enemy reached Bound Brook a little after sunrise
and the alarm was given at Elizabethtown around 11 o’clock.
4000 militia ordered by Legislature to be in readiness but only
to turn out at the advent of the French fleet. Stores in im-
minent danger.

(Note.—The foregoing letter is from Rev. Dr. Caldwell,
whose wife was killed by the British on June 7, 178Q, and him-
self shot in November, 1781. They left nine children. )

Vol. viii, No. 12.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 167

CHASE, THOMAS:

1779.—Lfebruary 5. Boston.—Acknowledging favor of 14th ult.,
with certain moneys. Hopes ere this that Gen. Greene and
Major Lee have received their wines. Gives high prices of
various articles. Sent on returns a few days earlier.
Vol. viii, No. 13.

1779.—February 9. Boston.—Acknowledging favor of January
29th. Navy Board has tent cloth for about 1000 tents, which
he will immediately apply for and have made up.
Vol.. iv, No. 13:

1779.—May 2. Boston.—Enclosing account and returns. ‘Tents
gone to Springfield. Difficulty of procuring teams—£5.00 a
mile demanded for carting. Has sent on some of the lead
ordered by Board of War. Vol. vii, No. 19.

1779.—May 3t. Boston.—Enclosing accounts and returns for the
month of May. Detailing the reasons for employing certain
artificers, boatmen, etc. Mr. Hewes’ just claim to a British
schooner, captured when the enemy evacuated Boston. Ac-
counts of Mr. Pynchon. High price of teams; deprecia-
tion of money accounts for it. Vol. v, No. 102.

1779.— October 4. Boston.—Acknowledging favor of September
17th. Glad the Minister of France was pleased with the recep-
tion he met with in Boston. Trusts his reception in Philadel-
phia was equally agreeable. Hopes Gen. Greene will send
him by Brown a supply of money. Has been obliged to bor-
row, or the public stores must have ceased. Difficulty of pro-
curing teams and sending on public property. Sending his
account and returns, also several articles. Vol. iii, No. 27.

1779.— October 12. _ Boston. — Acknowledging his favor of the
29th ult. Surprised at complaints made against him by the
Commissary Department. Would like to know who made the
complaint ; thinks there has been as much expedition shown in
his department as in any on the Continent. Teamsters are paid
any price to transport private property from Boston, and nat-
urally they prefer it to carting public stores. Brewer has
returned without money and therefore will not be able to send
on the stores. Salt stopped on the road owing to not having
a pass. Vol. 11, Nor 25:

168 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

CHASE, THOMAS (continued ) :

1779.—October 27. Loston.—The bearer, Mr. Brewer, has the
charge of 100 bbls. of powder. No more stores can be procured
without an immediate supply of money, as teamsters insist
upon being paid as soon as the work is done. Generally by
the time they received their money, it had depreciated one-
half. Difficulty of procuring the teams even by paying the
money down. Vol. iii, No. 24,

1779.—December zr. Boston.—Enclosing accounts and returns for
November. Never was more distressed for money. Can
neither send on stores nor procure anything. ‘The money de-
preciating so fast nobody will trust the Continent one day.
Self-interest the only principle in the political world.

Vol. viii, No. 14.

CLAIBORNE, RICHARD:

1779.-—May 6.—Result of a consultation with Col. Cox on the
subject of bateau-men. Does not know where the stores are
coming from; will be deposited at Sunbury as fast as they
arrive. Vol. vii, No. 40.

1779.—May 6. Lastertown.—Account of stores received from
Col. Mitchell and their indifferent quality. Col. Morgan’s
stores and those of Col. Patton in good order. Wants the
pack-saddles, procured by Col. Hooper. Question of engaging
boatmen and. their wages. Size and convenience of certain
boats. Vol. vit,, No.360:

1779.—May 17. Lstherton.—Acknowledging letter of roth inst.
Saw that Col. Patton received the same orders as Col. Mor-
gan. Has consulted Col. Cox on all measures relating to the
Quartermaster Department. Lack of steel in the axes received
will render most of them useless. Doubts Col. Mitchell’s dili-
gence, and states his reasons for this opinion. Mentions men
appointed by Col. Cox to engage boatmen. Favorable out-
look in the matter of boats and boatmen. Enclosing Mr.
Redick’s return of provisions. Vol. v, No. 19.

1779.—May 18. Estherton.—Acknowledging letter of 14th inst.
Number of boats employed in carrying provisions to Wyo-
ming. Employing more boats and recruiting boatmen. Sup-
plies from Philadelphia coming in pretty fast. Sparing no
exertion to accomplish everything according to Gen. Greene’s
wishes. Vol. vv; No: 77.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE, 169

CLAIBORNE, RICHARD (continued ) :
1779.—May 18. Hastertown.—In great hopes of having every-
thing in the boat way completed in ashort time. Not preju-
diced against Col. Mitchell as a private gentleman, but really
astonished at the condition of the stores he sends. Describes
the rottenness of the leather, harness, linen, etc.
Vol. v, No. 18.

1779.—May 24. Estherton.—Mr. Morrison’s company of boat-
men complete and will be down from Wyoming with the large
boats. Col. Mitchell’s stores coming in very slowly. Boat-
men wish same rations as_ boat-builders, also a blanket
apiece, they being exposed to the weather day and night.
Veolia, No.5;

1779.—Vovember 22. West Point.—Maryland division waiting
for their clothing. Mr. Belding wishes to know if his assist-
ance is necessary in quartering the light dragoons at Wallings-
ford. Vol: 1x, Not 28:

Criark, THomas (Col.) :

1779.—Lfebruary 27. Paramus:—In future will send weekly re-
turns. Wants tents for his soldiers. Volzix, Nox 20.

COLLINS, STEPHEN :
1779.—february zo.—A list of sundry goods, belonging to Mrs.
Whitbread, stopped by Capt. Stokes, commanding officer at
B. Town.
Vol. iv, No. 15. (Enclosed in letter, Vol. iv, No. 14.)
1779.—Lfebruary 16. Philadelphia. --- Setting forth the case of
Sarah Whitbread who, having obtained a pass to New York,
was on her way back with sundry goods, which were taken
from her by an American officer who gave her a receipt for
them. Most of the articles intended as presents for Mrs. Col-
lins. Asks for some redress. Vol. iv, No. 14.

CooPrER, CONSTANT, AND OTHER INHABITANTS OF MENDUM:

1780.—Ffebruary 27,—Thanking Gen. Greene for his care in secur-
ing the property of the public. Vol..i1; Noweoat
CoTTON, JOHN:

1779.—May 4. Croton River.—Desiring to know the duties and
privileges attached to the office of Brigade Quartermaster, in
order to settle one or two disputed points. Vol. vii, No. 33.

170 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

Cotron, JOHN (continued ) :
1779.—October 11. Middletown. — Acknowledging his favor of
26th ult. together with Gen. Washington’s to Moses Bush,
requesting him to procure a number of scows. Has put his
carpenters to work on them and is pushing the work through.
Vol. viii, No. 20.
Cox, JoHN (Col.):

1779. —February 16. Bloomsbury.—Will inquire into the prices of
pack-saddles, and if they can be had at £3 will order 500 of
them. Dispatched an express to Col. Patterson and will ac-
company him to camp on his arrival. Mrs. Cox and family
send compliments to Mrs. Greene. Vol. iv, No. 16.

1779.—February 16. Bloomsbury.—Just honored with his favor of
that morning and sends the horse by bearer. Congress has
received some very interesting intelligence, which is affected
to be kept a profound secret. Many conjectures as to its
nature. Has had a considerable effect in reducing prices.
Pennsylvania’s tax bill under consideration. Report of five or
six of the enemy’s armed vessels being carried into Chesapeake
bay by two Continental frigates. Intelligence received that
the schooner A/unter has brought in a prize.

Vol. iv,.No, 147.

1779.—Lebruary 18. Bloomsbury. — Expects Col. Patterson by
Saturday or Sunday at farthest, when he will be able to accom-
pany him. Vol. iv, No. 18.

1779.—May 8. Mount Holly.—Acknowledging favor of 6th inst.
Flatters himself that the articles ordered to be deposited at
Estherton are there, and those for Fort Pitt are on their way
up. Unable to say when wagons, horses, etc., requisite to
enable His Excellency to make a general movement of the
army, can be in readiness. Expects to have a handsome supply
of teams, etc., at camp by the middle of May. Every possi-
ble exertion being made by himself and all his deputies.
Sudden death of his brother, Mr. William Cox.

Vol. vii, No. 49.

1779.—May ro. Lloomsbury.—Acknowledging favor of 6th inst.
Has given orders to every deputy in his department to forward
wagons, horses or stores of any kind to camp. Detailing the

sa

1900. CALENDAR OF THE GREENE CORRESPONDENCE. ial

Cox, JoHN (Col.) (continued ) :

different articles needed and where he is procuring them. Dif-
ficulty in obtaining watermen on the Susquehanna. Col.
Davis’ report of what he is able to send. Col. Pettit dis-
tressed by demands on him, which multiply hourly.

Vol. vii, No. 65.

1779-—May rr. Bloomsbury. — Acknowledging favor of t1oth
inst. Will write to agents countermanding: orders, but fears it
will not be in time. Every possible exertion has ‘been made
to expedite the Indian expedition. Number of tents, etc.,
sent by Col. Mitchell. Will forward them to camp unless
otherwise directed. Vol. vii, No. 69.

No date.—May zr. Bloomsbury.—Acknowledging favor of roth
inst. With enclosures. Reasons for the major’s objections to
the pack-saddles. Thinks himself that they are superior to
those made by Col. Hooper. Quality of the axes ordered.
Stores from Philadelphia as good as those procured elsewhere.
Best write for pack-saddles. Promises every exertion in rais-
ing bateau-men. Vol. vii, No. 7o.

1779-—May 18. Bloomsbury.—Enclosing invoice of stores going
and gone. Amount of supplies furnished by Col. Mitchell. Col.
Davis writes of the scarcity of forage. Wages of boatmen
engaged by Col. Morgan. Boats'’cannot proceed up the river
without a sufficient guard to defend them and there is not a
soldier there for that purpose. Asks advice about horses
sent to Mr. Furman who has no forage for them. Road to be
opened across the great swamp to Wyoming. Fears that un-
less spirited measures are taken the populace are likely to think
the Staff department composed of rascals. Maj. Blodget
weather-bound at Bloomsbury, diverting the ladies on the
spinet. Vol.;v,,No. 21:

1779.—May 19. Bloomsbury. — Will procure and send forward
stores for Col. Hay. Obliged to give $6.00 a day for bateau-
men. Hopes to be with him in a day or two, as he is now
quite strong. Vol. v, No.3:
1779.—May 21. Bloomsbury. — Acknowledging favor of 2oth
inst. Ordered Mr. Mitchell to forward 200 portmanteaus to
Easton with all possible dispatch. Canteens had better be
ordered from Middlebrook. Other articles sent.
Vol. v, No. 48.

a2 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6

Cox, JOHN (Col.) (continued ) :

1779.—May 31. Lloomsbury.—Has hurried on the wagons. Will
set out for Philadelphia early the next morning, from which
town hopes to send portmanteaus and tents in plenty.
Vol. vi, No. 24.

1779.— October 2. Philadelphia.— Acknowledging letter of 26th
ult. Has prevailed on Major Eyre to join the army whenever
Gen. Greene thinks his presence necessary. Number and des-
tination of the flat-bottomed boats on hand. Wishes to know
if more shall be built. Desires the earliest intelligence of the
arrival of the French fleet, that he may join Gen. Greene be-
fore he enters the city. Great rise in the price of provisions,
foreign and domestic. Vol. am: INGI277,

1779.—October 6. Philadelphia. —Acknowledging favor of 27th
ult. List of boats sent up to Trenton. More, if wanted, can
be built at Easton. Department in great distress for want of
cash. Gen. Greene’s winter boats in hand. Gen. Knox’s sad-
dle will be sent as soon as it can be made. Vol. iii, No. 23.

1779.— October ro. Philadelphia. — Informing him that Major
Eyre, at the head of about too well-disposed carpenters, in-
tends setting out for headquarters Tuesday morning. Puzzled
to know how to raise enough cash to give them each a monthly
advance. ‘Terrible demand for cash. Difficulty in procuring
canvas for tents; enumerates the number sent on and promises
more. Stoves being made as fast as possible. Fast sailing
boats, ordered by His Excellency, waiting for the dispatches
to Count d’Estaing. Vol. ii, No. 22a.

1779:— October 20. Bloomsbury.—Acknowledging favor of the
13th inst. Disposition he has made of the flat-bottomed boats.
Best route for the boats to take on the Susquehanna.
Number of boats nearly sufficient. Badly off for tents and
forage ; no canvas for the first and no money for the second.
Constant demands for cash and not a shilling to be got from
the Treasury. Thinks it high time that they should come to
a full and complete explanation with Congress. Tremendous
rise in the price of boards, forage, etc. Count d’Estaing’s
success ; no particulars as yet. Wagon hire.

Vol. iii, No. 22.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 1738

Cox, JoHn (Col.) (continued) :

1779.— October 23. Lloomsbury.—Acknowledging favor of oth
inst., and promising to do his best as regards tents. Black out-
look as regards cash. Arguments of no effect with the Treas-
ury. Arrival of thirteen boats; will direct Col. Berry to
detain them at the White House until he receives orders what
to do with them. Lack of forage, owing to Major Gordon not
being supplied with money. Cannot make provision for the
next campaign without cash. Vol. ili, No. 34.

1779.—LVovember 2. Bloomsbury.—Acknowledging favor of 26th
ult. from Gen. Greene (?). Number and destination of boats.
Reason for ship-carpenters’ high wages; advises their dis-
missal. Good prospect of procuring tents. Has ordered to
Morristown every article needed for hutting the troops. Col.
Biddle over head and ears in debt. Vol: ix. Noiar

1779.—LVovember 7. Lioomsbury.—Acknowledging favor of 30th
ult. Obliged for the agreeable intelligence of the evacuation
of Newport. Measures taken for the safety of boards and for-
age. Prospect for tents has brightened. Gen. Sullivan’s
want of economy. Present difficulties in the various depart-
ments, owing to lack of money. Begs Gen. Greene to take
a peremptory and spirited attitude towards Congress. _ Dispo-
sition of boats. Col. Pettit hastening the settlement of
accounts ; he has taken a house in Philadelphia; says his
prospects for cash were never worse. Scattered situation of
boats built in Susquehanna. No prospect of getting forage.
Vol. 1x, No. 32.
1779.—LVovember 17. LBloomsbury.—Sand bags in readiness. Con-
gratulates him on the arrival of Mrs. Greene. Unless effectual
measures are immediately taken to open the eyes of the Treas-
ury and induce them to furnish a very conséderable sum to the
Quartermaster department, supplies expected from his quarter
must assuredly cease. Mr. Pettit only received a small fraction
of the cash needed. Suggests the immediate surrender of all
appointments and offices, to arouse those at the helm to a sense
of their duty. Desires information respecting the boats, also
the troops’ winter quarters. Mr. Pettit’s opinion, and his also,
that money will soon be more valuable than any article at the
present prices. Mr. Pettit’s plan, therefore, to turn all their
concerns in shipping into cash. Vol.ix. Noss:

174 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

Cox, Joun (Col.) (continued ) :

1779.—LVovember 23. Bloomsbury.—Acknowledging favor of 20th
inst. Mr. Furman’s report on the number of boards deposited
at various towns. All efforts to get a supply of cash from the
Treasury, fruitless. Money depreciated twenty-five per cent.,
since their repulse at Savannah. Has given the necessary
directions concerning the craft in the Susquehanna.

Vol. ix, No. 34.

Davis, JOHN:

1779.—May 30. Carlisle. — Informing him of the number of
horses purchased and the time at which he may expect them.
Must pay drivers same wages as boatmen, in order to get them.
Account of stores forwarded. Vol: v, Nox 100:

DuportaiL, Louis (Maj.-Gen.):

1779.—May 27. Camp.—Requesting orders for wagons, tents,
blankets, etc. Vol. v, No. 78:

ERSKINE, JOHN:

1779.—February 11. Raritan.—Writes on behalf of Mr. Weiss,
who complains that a private road used by the soldiers leads
past the two houses where the stores are’ deposited, and that
two sentries are not sufficient to guard them. Wishes that road
stopped, as the public road is equally convenient for the
soldiers. Vol. iv, No. 19.

1779.— October 5. Murderer’s Creek.—Has just received his let-
ter concerning the clothing and letters that McDonald Camp-
bell brought from Mrs. Greene. Never saw either clothes
or dispatches, though he remembers consenting to Campbell’s
request that his despatches might go by some of the expresses
who were to leave the next morning for West Point.

Vol: 1igsINo. 33°

ERSKINE, ROBERT:

1779.—Vovember 18. New Windsor.—In consequence of a note
from Col. Morris, has dispatched Mr. Lodge, one of the sur-
veyors, to Morristown; will endeavor to follow himself as
soon as possible. Vel.vix, Now 36:

1779.—December 28. Morristown.—Returns for clothing of Sur-
veying department. Mol); xii. Noten.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 175

Eyre, BENJAMIN:

1779.— October r.—Acknowledging letter of 3d inst. Has been
busy ever since collecting one hundred men, a company of
which leave for Easton before night. All boats sent on to
Trenton. Obliged to His Excellency and to him for their
good opinion. Vol. i; No. 35.

1779.—July rt. Philadelphia.—Transmits returns of boats, men,
and the money spent in his department. Orders from Col.
Cox to reénlist about fifteen ship-carpenters. Fears they will
not engage without a raise of pay. Condition of boats.
Wagon-master should be given a special charge, so that he may
not tear the boats to pieces when the road turns and winds.

Vol. viii, No. 22.

FAESH, JOHN JACOB:

1779.—/January 9. Mount Hope.-—By Col. Abeel’s team sends him
two saddles of venison. Vol. viii, No. 22.

1779.—Lebruary 11. Mount Hope.—By Col. Abeel’s team sends
two saddles of venison, which he hopes Gen. Greene will
accept. Intends waiting on him soon. Vole iv, Nor ize.

FERRIS, OWEN:

1779.—May rr. South Wales.—Has sent fifty horses by order of
Col. Mitchell, and will send fifty. more. Vol. vii, No. 68.

1779.—May 15. North Wales.—Sends him the fifty horses. Wishes
to know whether he shall purchase more. Vol. vii, No. 98.

FINNIE, WILLIAM:

1779.—Lebruary 11. Williamsburg. — Acknowledging favor of
15th ult. Detailed reasons why the: barracks, near Charlottes-
ville, are impossible as a station for the Convention troops.
Defends himself against certain complaints made against him
by Col. Aylett. His presence necessary at Williamsburg, and
all his exertions needed to collect forage. Quotations from Col.
Biddle’s letters showing scarcity of forage. Capes and bays in-
fested by the enemy’s cruisers and privateers. Armed vessels
ordered down to give protection to the provision vessels. Ap-
pointment of Capt. Rice to superintend the business of the
station. Promising certain returns. Vol. iv, No: 2.
PROC. AMER. PHILOS. SOC. XXXIX. 162. L. PRINTED JUNE 1, 1900.

176 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

FLINT, ROYAL:

1779.—November 15. New Windsor.—Amount of bread and flour
on hand. Would have waited on Gen. Greene at the Point,
but has been unwell for several days. Vol. ix, No. 37.

1779.—November 15. New Windsor.—The bearer, Major Boyd,
has 1000 or 1200 bushels of wheat which he wishes to ex-
change for German steel. Asks him to consider this proposal
and inform Major Boyd what is expedient to be done in the
affair. Vol. ix, No. 38.

ForsyTH, JOHN (for Rosp’t PaTToNn):

1779.—May 17.—Will send all the wagons and horses to camp,
agreeable to Col. Cox’s order. Morally impossible to get
forage ; poor condition of the horses already bought. Mr.
Patton in Philadelphia on public business. Receipt for stores
wanted. Vol..v, No: +72
ForsyTH, RoBert (Major):

1779.—fJanuary 14. Camp, Middlebrook.—Enclosing letters from
Col. Hay. Horses all gone except thos? with Maryland
troops. Gave Major Hall Mr. Duer’s draft on Abraham P.
Lott. Dissatisfaction among Brigade Quartermasters; their
extra pay too small, and their work doubled.

Vol. viii, No. 38.

1779.—/anuary 27. Camp, Middlebrook.—Sorry for the loss of

Mr. Andrews. Report that the enemy intend taking an airing

in Jersey once more. Ready to execute any order of his

Lordship’s. Had a most agreeable hop the previous evening ;

mentions those present; nothing lacking but the presence of
Gen. Greene and his lady ; kept it up till 4 in the morning.
Vol. viii, No. 25.

1779.—February 3. Camp, Middlebrook.—Acknowledging letter
of 31st ult. The arrival of ‘‘ faithful old John, with his bays
in very good order.’’? Sympathizes with Mrs. Greene over the
bad roads. Vol. ix, No. 39.

1779.—May 19. Williamsburg.—Enemy, after burning Suffolk,
retired toward Portsmouth, destroying everything before
them. Helpless situation of Virginia; very few arms and
accoutrements. Militia ordered to various cities ; all hands to

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. Were

ForsyTH, RoBert (Major) (continued) :

be full of fight. Enemy say publicly that their next move will
be on Hampton; will push on then as far as Baltimore, de-
stroying all before them.: Information gathered from one of
‘‘our’’ men who escaped from a British schooner. Pressed on
all sides for his services; thinks he will join Gen. Nelson for
the present ; has expectations of an appointment under Col.
Wadsworth. Will render Col. Firmin all assistance possible.
Vol.tv,7No:.33-
Furman, Moore:
1779.—May 7. Trenton.—Sorry to have missed his visit. Want
of money prevents execution of orders. Difficulty of procur-
ing wagons. Does not know how to get supply of forage to
North river. Resignation of Mr. Caldwell; unless their
salaries are raised, more will follow suit. The attitude of the
New Jersey Assembly, relative to further laws for collecting
forage. Vol. vil, No.4.

1779.—May 8. Trenton.—Sends the enclosed by Joseph Davison,
express rider, who returns to Mr. Furman’s house. Expects
on the morrow to load and start seventy wagons, to carry
military stores to camp. Vol. vii, No. 47.

1779.—May 10. Pittstown.—Acknowledging favor of gth inst.

Number of horses forwarded. Mistakes that happen in for-
warding commissary stores. Promising salt beef and bread.
Vol. vii, No. 61.

1779.—May 11. Pittstown.—In accordance with his demand has
dispatched by bearer the eighteen horses; is sending seven-
teen more. Vol. vii, No. 61a.

1779.—May 30. Pittstown.—Number of horses he is sending on ;
will proceed to make up the ten brigades ordered to be raised
in this State. Vol. v, No. 99.

1779.— October 1. Pittstown.—Acknowledging his two favors.
Has seen about boards, and has sent orders to erect stables at
Burlington to receive the horses. Will look after the boats.
Quantity of long forage in the quarter where the troops will
pitch their tents. Thinks it probable that New York may be
in American hands before the winter, the Count being on the
wing for their assistance. Vol, int, Nox 36;

178 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

FuRMAN, Moore (continued ) :

1779.—October 9. Pittstown.—Will send on forty horses, if it is
possible to get them shod that day. Horses recruiting at
Col. Biddle’s farm can be used for the boat carriages, if
wanted. Vol. ili, No. 41.

1779.—October 9. Pittstown.—Will send on forty-three horses

instead of forty, and expects they will be joined in Somerset

county by fifteen or twenty more. If he had not been forbid

to purchase, could easily have made up the number called for.
Vol. ili, No. 42.

1779.—October 18.—Just received letter from Mr. Gordon, an-
nouncing that his short forage is out and that private pur-
chasers are out-bidding him, giving half as much again for
grain. Same intelligence coming from almost every pur-
chaser in the State. Vol: aii; ‘Nosdo:

1779.—October 19. Morristown.—Acknowledging favor of 17th
inst., and promising to make up the number of horses. As
for the men, thinks a line from His Excellency, Gen.
Washington, to the Governor for one militia company will
prevent delay. In his opinion, nothing of consequence has
yet been proved against Mr. Lewis, and the public suffers
merely to gratify private spleen. Longs to hear of the arrival
of the French fleet. Advices from Georgia put fresh spirits
_in the people. Exorbitant price of forage; the more money
issued the more it depreciates. Intends applying to the
Assembly for some relief. They might follow a law lately
passed in New York respecting forage. Salary in his depart-
ment so low that he has great difficulty in keeping the men in
the service. Vol. 111, No.242:

[PROBABLY TO GEN. GREENE: |

1779.—October 27. Trenton.—Concerning the expedition from
Staten Island; will get a particular account of the damage
done as soon as possible. Assembly has met, but the choos-
ing a Governor and other ceremonies will occupy the whole
week. After that, will speak to them about collecting the
grain in the State; unless they aid him can do nothing.
Enemy’s object probably the forage ; what will be done to
save it? Vol. viii, No. 29.

1900. ] CALENDAR OF THE GREENE CORRESPONDENCE. IL,

FuRMAN, Moore (continued ) :

1779.—October 31. Pittstown.—Concerning horses for Lord
Stirling’s division. Vol. vili, No. 28.

1779.—November 14. Pittstown.—Copies of orders sent at differ-
ent times, respecting boats collected by James Burnside.
Vol. ix, No. 42.
1779.—LVovember §. Pittstown.—Acknowledging favor of 3d
inst. Precautions being taken to move certain articles out of
the enemy’s range. Is able with difficulty to persuade his
assistants and foragers to stay with him until the end of the
campaign, on account of the low wages. Lack of money.
Disposition of horses. Vol. ix, No. 40.

1779.—lVovember 15. Pittstown.—Acknowledging favor of the
rith inst. from Gen. Greene (?). The double disappointment
of the failure in Georgia and the Count’s return to the West
Indies, will cause the army to move soon. Disposition of
boats. Too many horses and too little forage. Concerning
the addition of a county to his district when Col. Hooper re-
signs. Is going to Trenton and Burlington the following
day. High price of forage. Vol.ix, INoi-At.

1779.—Vovember 22. Trenton.—Number of boards at Rariton
and others being hurried on. Has sent forward horses and
flour. The Assembly has promised him their assistance in
procuring forage. Woll ix,) No.743.
1779.—December rz. Fittstown.—Will write immediately to en-
gage ox-teams and horse-teams. Desires information about
where the huts are to be erected. Will make every exertion
to raise forage. Vol. vill; No. 27.
1779.— December 2. Pittstown.—Advised by his favor of the ist
inst. of the position of the army, and will do all in his power
to hurry everything to Mr. Kemple’s house. Will give imme-
diate notice to persons in forage department to forward every-
thing to that spot. Feels for the army in such cold and storm.
Vol. viii, No. 26.
1780.—February 24. Trenton.—Has received a summons (a copy
of which is given) to appear before the Council. Major Gor-
don quits the department on the rst of March; also his best
clerk. What’s to be done? River now impassable; until it
opens, intends dismissing teams. Not twenty barrels of provi-
sions to send on. Vol. iv, No. 44.

180 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

GERARD, CHEVALIER (Minister of France) :

1778 (?).—January 2. Philadelphia.—Praying him to give orders
at Fishkill to forward some linen cloth at that placé destined
for him. Vol. i, No. 100.

GIBSON, GEORGE:

1778.—/anuary 37.—Giving details of the route by which the Six
Nations may pass undiscovered to the Cherokee, Chickasaw,
Creek or Choctaw Nations. Vols, vii, Noss:

GoocH, JOHN:

1779.— October 18. Boston.—Narrating his difficulties in getting
hay or grain. Complains bitterly of his present pay, as com-
pared with that of a commissary of hides or deputy commis-
sary of prisoners. Sets forth his expenses and the inade-
quacy of his pay. Declares, when the war is over, he must
take to the highway with a pistol fora maintenance. Language
inadequate to express the political situation. Scandalous treat-
ment of his friend, Major Mersereau. ‘‘ His little ribb’’ sends
her most respectful compliments. Vol. iii, No. 46.

1778.— October 24. Boston.—In September, 1777, was Assistant
Deputy Quartermaster-General at Springfield under Col. Chase.
Recalled to Boston in November. Settled all his accounts
with Col. Chase except that the Colonel refused to pay him
four hundred and odd pounds, which he had advanced to
the teamsters, to procure teams to transport certain articles
to the southward. The teamsters have never been paid, and
neither has he. Asks that the money may be paid.

Vol. viii, No. 33.

1778.— October 25. Boston.—A long letter, setting forth the evils
resulting in the department from lack of money and the ill-will
of the numerous creditors and duns. Cannot purchase in time
for want of money. Wishes to know if the staff officers are
entitled to draw clothing from Continental store.

Vol. viii, No. 34.

GORDON, PETER:

4779.—May rz. Trenton.—Informing him of the purchase of a
pair of horses. Promises to send about twenty horses along
with the pair. Vol. vii, Nos 77.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 181

GorRDON, PETER (continued ) :
1779.—MMay 15. Trenton.—Number and description of horses

sent forward. Vol. vii, No. 102.
1779.—May 27. Trenton.—Sends by bearer a load of barley for
the General’s horses. Vol. v, No. 80.

1779.—May 28. Trenton.—Acknowledging favor of 27th inst.
Report of stores sent forward. Twenty horses in fine condi-
tion awaiting orders to be sent on to camp.
Vol: v, Nozis5-
1779.— October 20. Trenton.—Acknowledging favor of 17th inst.
What he has done in the way of stationing expresses. Con-
stant applications for horses by officers, escorts or express
riders, but cannot possibly have fresh horses always ready.
Vol. iii, No. 45.
1779.—December 4. Trenton.—Thinks he can spare eight or ten
brigades to assist in collecting boards, etc., for hutting.
Warns him to place a guard over them, as the wagon-master
will try to give him the slip. No commissary stores on hand.
Vol. viii, No. 36.
GORHAM, NATHANIEL:
1779.—/January 21. Boston.—Having heard of Mr. Andrews’
unhappy death, takes the liberty of offering his services in
his place. Mentions various people who will vouch for his
suitability for the position. Vol. viii, No. 35.

GREENE, C.:

1779.—May 7. East Greenwich.—Desiring arrangement of the
officers in his regiment established by the War Office. Plea
for Capt. Arnold. Still happy in Gen. Gates as a commander.
Reasons for wanting his small services transferred to another
State: Vol. vii, No. 42.

HAMILTON, ALEXANDER (Col.):

1778.—lVovember 8. Headguarters.—His Excellency requests that
two sets of tools be provided and sent to Gen. McDougall to
blow up the rocks, which greatly impede his carting.
Vol. iv, No. 52.
1779.—January 4. Headguarters.—At the General’s request, de-
sires his opinion of the number of expresses necessary to be
kept in constant pay. Vol, viii, No. 4o.

182 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

HamILTon, ALEXANDER (Col.) (continued) :

(779.--February 23. Headguarters.—Desires to know by bearer
how far the preparations for vessels have gone and the amount
of materials provided; the General’s idea being to stop as
short as possible, without leaving what is on hand incomplete.

Vol. i, No. 4.

1779.—May 20. Headquarters.—Concerning Mr. Duryee’s appli-
cation to have his farm released, which was taken up for the
use of the hospital. The General does not wish to discrim-
inate, without sufficient reason, so refers the matter to Gen.
Greene, in order that he may relieve Mr. Duryee, if it can be
done without inconvenience to others or injury to the service.
Vol. v, No. 40.
1779.-—May 22. Headquarters.—By a letter received from Gen.
Sullivan it appears that Poor’s Brigade have left their tents
behind. Asks that they may be supplied with them and other
necessaries. Gen. Sullivan in ‘‘his usual pother, but dispatch
is certainly very desirable.’’ Vol. v, No. 59.
1779.—August 17. Headquarters.—Desiring that he furnish a good
horse, saddle and bridle to Lieut. Whitehead, who carries im-
portant dispatches to Philadelphia for the General.
Vol. ay,.No. 5 1
1779.— October 7. Headguarters.—It is determined that Gen.
Duportail and himself shall go to Count d’Estaing. Four
horses will be necessary; therefore asks for an order on the
person at New Windsor who provides horses for Gen. Greene.
Vol. iii, No. 88.

1780.—/anuary 21.—Ordered by the General to ask if horses to
carry the surgeons’ chirurgical apparatus can be obtained from
him [Greene] or from the brigades. Voli, Now.

1780.—February 23. Headquarters.—Orders from the General to
send some pontoons (?) from Fishkill for the use of the officers.
WVol.-vit; Not wa
Hatt, BENEDICT EDWARD:
1779-—January 1. Shandy Hall.—Acknowledging Gen. Greene’s
(?) kindness in taking him into his suite. The kind of life he
has led and is leading. Asks to be remembered to various
people. Will attend him some time in April. Wants furlough
for that time. Vol. viii, No. 39.

1900.} CALENDAR OF THE GREENE CORRESPONDENCE. 183

Hanp, Epwarp (Gen.):

1779.—December 8. Mendham.—The number of huts laid down
in the general plan, viz., 24, to cover twelve men, not being
sufficient, desires instructions immediately as to what altera-
tions shall be made. Volo; Nos 6.

HARLINGEN, ERNESTUS VON (Justice of the Peace) :

1779.—ay 7&8. Somerset.—Declines to allow the barns in the
neighborhood to be used for the sick. Considers himself under
no legal or moral obligation to promote a measure so exces-
sively disagreeable to the people of the neighborhood.
Vol. v, No. 41.
HARMAR, JOSEPH (Lieut.-Col.):

1780.—February rz. Headquarters.—Asking for an order for a
saddle, as the duties of the inspectorship require a great deal
of riding. Vole, Now7:

HARRISON, ROBERT H.:

1779.— October 5.—Desiring to know whether the horses are ready
for the officers going to Egg Harbor. If not, wishes them sent
to New Windsor. Desires the express with the duplicate des-
patches to be sent to Gen. Sullivan. Vol. iii, No. 89.
Hart, WiLLIAM D.:

1780.—/anuary 137. Paramus.—Has sent out a party to secure a
boat of his [Greene’s |, which drifted down. Difficulty of pro-
curing anything on certificates, as the people are disgusted, no
cash having been supplied to pay them since ’77.

Vol. i, No. to.
Hay, Upny (Col.):

1779.—fanuary 5. Fishkill,—So many complaints made to him
and of him that he has requested the General for a court of
inquiry. Desires hides sent on. Debt of the department to
the artificers ought to be paid in money or clothes. Concern-
ing his accounts. Will go to Congress on his own affairs as
soon as Major Hale returns. Major Hale will handle the sub-
ject of cash with suitable eloquence. Vol. viii, No. 50.

1779.—/January 9. Lishkil/.—Asks that he will intercede with
His Excellency to obtain clothing for the artificers, who de-

serve some encouragement for remaining at their post.
Vol. vili, No. 44.

184 CALENDAR OF THE GREENE CORRESPONDENCE. [April6,

Hay, Upny (Col.) (continued ) :

1779.—January 9. Fishkill.—Smiths and wheelwrights determined
to leave unless their wages are raised. By the offer of such
extravagant wages, Mr. Simmons has a second time depreciated
the money. He [Col. Hay] is even suspected of pocketing
that part of the wages which, by leaving the post, the artifi-
cers can easily get elsewhere. Suggests procuring artificers
from the regiment. Matter of cordage. Need of a proper
public tanner. Pay for teams. Concerning the completion
of the works at West Point during the comingsummer. Hopes
Gen. Greene is homeward bound, loaded with money. En-
closing two addresses, concerning the wages of workmen.

Vol. viii, No. 42.

1779.—/January 21. Fishkill.—Gentry of the staff have a consid-
erable share in the alarming depreciation of the money. High
price of teams. Waited on Governor Clinton with a letter to
lay before the Assembly containing a plan for the quicker
raising of carriages for public service. Concerning the wages
of artificers and their discontent. Delay in his accounts.
Matter of returns. Vol. viii, No. 43.

1779.—Lebruary 1. Fishkill.—Acknowledging favor of 26th inst.
No probability of obtaining clothing for the artificers. Work-
men’s complaints concerning their wages. Many evils which
have arisen from Col. Lewis’ conduct. Sends return for De-
cember. Plan of putting tanyard near the banks of North
river. Vol. ix, No. 45.

1779.—Lebruary 10. LFishkill.—Large supply of cash lately fur-
nished, inadequate to pay all the demands on the department ;
therefore entreats for another supply; thinks $100,000 will
cover all debts. Desires his opinion on how fatigue men
should be raised for the ensuing campaign ; also the wages of
certain workmen. Dispute with the justices as to the means of
procuring teams. Legislature has brought in a bill nearly
adopting his own plan for furnishing teams for the public ser-
vice. The advantage of a uniform price in certain articles.
Inconvenience of having no Justice of the Peace nearer than ten
miles. Money needed to pay for wintering the horses.

Vol. iv, No. 63.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 185

Hay, Upny (Col.) (continued) :

1779. —February 13. Fishkil’,—The bearer of this, Mr. Stewart,
will wait on Gen. Greene for positive instructions respecting
the wages of the artificers engaged by the day. Must not
lose either the wheelwrights or the smiths. Has passed his
word that the matter shall be fully settled by the end of the
month. Vol. iv, No. 61.

1779.—February 18. Fishkill.—In answer to his letter by Capt.
Pendleton, has not heard a single complaint since the men
joined Capt. Sizer’s regiment. Were he convinced it would
be of any service to the public, would willingly remove them.
Vol. iv, No. 55.
1779.—February 79. Fiéshkill.—Asking for a full supply of blank-
ets. Difficulty in procuring teams. Oldest man in the county
never remembers to have seen a winter so bad for the business
of transportation. Vol. iv, No. 53.

1779.—February 23. Fishkill.—Acknowledging his favor of the
17th inst. Difficult to separate provisons sent to French fleet
from provisions sent to American army. Received the
$30,000, but would like the other $70,000 to fully settle his
accounts. Little dispute with some of the Justices tolerably
well settled. Enclosing his first letter to the Governor, pro-
posing a new mode of raising teams. Will be glad of any
amendments. Vol. iv, No; 58.

1779.—Ffebruary 24. Fishkill—Concerning the method of pay-

ing Capt. Lamb’s company of wheelwrights.
Vol-ax, No.) 46.

1779.—May rr. Fishkill.—Wagoners to be exempted from mili-
tary duty during their term of service. Praises the Governor
for the pains he has taken to serve the department. Difficulty
of impressing teams. Wages of fatigue men. Question of
forwarding the seven traveling forges. Scarcity of horses; the
cheapest cost g1000 apiece. Waiting patiently for supply of
cash. Col. Robert Livingston’s iron works; needs 4000
cord of wood. Difficult to procure pasture. Sends copies of
returns. Payment of certificates for transporting baggage of
the Convention troops. Asks for late resolve of Congress re-
specting treatment of staff officers charged with any crime.
Wages of artificers. Has written Col. Smith to hasten the

186 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

Hay, Upny (Col.) (continued ):

stores from Springfield. In want of canvas for tents. Gives
reasons for differing with Gen. Greene about a court of
inquiry. Vol. vil, Now72:
1779.—May 72. Fishill.—Has just been informed of some cloth-
ing, which will be moth-eaten should it le by all summer.
Asks that a proper proportion may be used for the artificers at
the post. Vol. vii, No. 82.

1779.—May 12. Fishkill_—Praise for his assistants. Gen.
Greene’s recommendation to Congress to advance assistant
quartermaster’s pay to $140 per month at first sight appears
generous; on second thought, considers it inadequate to
their services, considering their expenses. Must raise artifi-
cers’ wages or lose them. Officers of artificers beg dismission
from the service, producing certificates to show that their
families are starving for bread,—no wonder! with wheat at
$25 per bushel ! Vol. vii, No. 81.

1779.—May 22. Fishkill,—Requesting a large supply of cash.
Wages of artificers. His fears of a want of provisions for the
army in that vicinity. ‘The numerous calls upon the State of
New York as compared with Connecticut. His differences
with Capt. Starr on the subject. Has a severe touch of fever ;
if it continues, will be obliged to go to the seaside for
a fortnight. Miscarriage of His Excellency’s dispatches to
Gen. Clinton. Vol. v, No. 54.

1779.—May 26. Fishkil?,—Acknowledging favor of the 24th inst.
Will supply the Governor’s wants as soon he knows them.
Concerning the purchase of horses. Called up the night be-
fore by an express from Gen. McDougall, announcing a prob-
able attack by the enemy on his (Col. Hay’s) quarters. His
embarrassing situation without a penny to pay for anything.
Will try to borrow from the Treasurer. Vol. v, No. 70.

1779.—October 1. Fishkill.—Acknowledging favor of 30th ult.,
and will do his best to forward the boats. Must have fatigue
men. Large quantity of forage at Claverack and other land-
ings needs to be brought down. ‘The bearer of this has four-
teen norses to deliver, in tolerably good order.
Vol. ili, No. go.

1900. | CALENDAR OF THE GREENE CORRESPONDENCE. 187

Hay, Upny (Col.) (continued):

1779.—October 2. ishkill.—Wishes copy of a certain resolve of
Congress. The pay given the carpenters from Philadelphia,
necessary as it was, has set all the rest of the department in a
ferment. Comparisons being made all the time between New
York and other States. Demands for higher wages. All this
makes a very disagreeable situation. Difficult to get carpen-
ters to repair bateaux. Vol. iii, No. gr.

1779.— October 5. Fishkill.—Advises sending parties of twenty
men each to Albany to collect all bateaux, etc., on either
side of the river and bring them down to Fishkill Landing.

Volo nt; Nes 92:
1779.—October 7. Fishkilid.—Carpenters ready to work on the
boats, but as yet no boards have arrived from Albany. Asks
that a number of boards and planks be sent up from the fort
and with them a small fatigue party to expedite the work.
Uneasy about tar; expects to seize some, though it be
private property. Fourteen horses will set off for New Wind-

sor. Mol. “iz Noe 50.
1779.—October 8. Fishkil’.—Concerning a supply of tools for the
carpenters. ‘Totally destitute of handsaw files; advising him
how to procure some more, and of the quickest way to send

them. Molan;, No. Sr.
1779.—October 9. Fishkill.—Enclosing extract from a letter of
Col. Lewis. Thinks the building of the bateaux should
claim precedence of the cooper’s shop. Plenty of boards at
Saratoga. Will forward any letter to Col. Lewis that Gen.

Greene may think proper to write. Voli ut, No. '52a-

1779-—Odctober 10. Fishkill.—Acknowledging favors of 7th and
gth insts. Disposition made of the 120 privates sent. Steps
taken to purchase the needed boards. Duck enough to com-
plete 170 tents, and will then patch up all the condemned
ones. Thinks the vessels are sometimes unnecessarily de-
tained at the fort; asks Gen. Greene to mention this to the
engineer and Mr. Buchanan. Plans for getting sufficient hay.
Question of the wages of bateaux men. Asks that the en-
closed be delivered to Col. Russell. Has sent to Col. Pettit
for cash. Would it be possible to obtain $50,000?
Vol. iii, No. 67.

188 CALENDAR OF THE GREENE CORRESPONDENCE. [April6,

Hay, Upny (Col.) (continued ):
1779.—October 14. Fishkill,—Sends camp-stools by bearer. Will
need large quantity of clothing. Wagoners destitute of
blankets. Wants an answer from Gen. Greene to paragraph
in Col. Lewis’ letter relating to the raising of bateaux.
Vol. vil, Noe. 52:
1779.— October 15. Fishkill.—Distemper raging among the horses
has proved extremely mortal; the farrier, after a tolerably
decent flogging, has run away; wishes a good one might be
procured, who could save many of their lives. Camp-stools,
which were forgotten, have been sent. Vol. iii, No. 68.
1779.— October 75.—Sends by bearer a chest with a lock of his
own construction, which cannot easily be picked. Hopes it
will please the General. Vol. iii, No. 69.

1779.—October 16. Fishkill,—Begging him to procure for them
files and nails wherever they can be obtained. Encloses the
determination of the judges respecting the price of teaming
and forage. Mistake of officer about collecting the bateaux.
Reminds him to send the farrier. Vol. i, Noz7o7
1779.—October 19. Fishkill.—Acknowledging his favor of the
17th and Major Burnet’s of the 18th insts. Good prospects of
obtaining nails. Has directed two of the largest sloops to be
sent to Albany for boards. Boat-builders destitute of cloth-
ing ; would wish them either supplied with clothes or returned
to their regiment, the service they do being trifling.
Vol. iti, No. 71.
1779.— October 21. Fishkill,—Received from Col. Pettit $171,000,
which, if the remainder of the campaign prove active, will last
but a short time. Scarcity of tents; suggests the building of
temporary huts. Question of supplying the riding horses of
the officers of militia with hay and grain, and also the wagon
horses needed by the different regiments. Asks that Thos.
Allen, of the Maryland Regiment, a carpenter with a talent
for driving on business, may be allowed to pick out his own
company of boat-builders, if Gen. Greene thinks of making an
addition to the present number. Vol. iii, No. 72.
1779.— October 21. Fishkill.—Regrets to trouble him in the midst
of public business; necessary, however, to set before him the
grievances of his assistants. Compares their salary before the

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 189

Hay, Upny (Col.) (continued ) :

depreciation of money with the amount they now receive. A
whole year’s pay inadequate to buy them a suit of clothes.
‘Hard case of Mr. Whiting. Demonstrates the fact that poor
pay produces poor service. Earnestly requests him to make
application to Congress or the department must be broken up.
Encloses letters to prove that it was his wish to postpone this
matter till the campaign closed. Suggests that the pay should
be changed according to the fluctuations in the state of the
money. Discontent of the assistant quartermasters not sur-
prising, when they know that a common laborer receives four
times their pay. Volts, Now 53.

1779.—October 22. Fishkill.—Boat-builders at Wappen’s creek
will not continue unless they receive $45.00 a day. Asks what
he must do. _ Vol. viii, No. 45.

1779.—October 23. Fishkill_—Acknowledging three favors of
22d inst. Tents for militia; where they shall camp. Will
write the Governor for forage. Arrival of vessel at fort with
military stores and boards. Maj. Ayres’ men boasting of
higher wages, and thereby creating discontent. Concerning
the necessity of getting a supply of provisions to the garrison
at West Point. Vol. viii, No. 55.

1779.—-October 25. ishkill.—Carpenters at Wappen creek have
quitted work, and refused to begin again until a promise was
made them that the bearer would see Gen. Greene and ask
that they receive the same wages as Maj. Ayres’ men. Col.
Hay thinks this request founded on strict justice. Discretion
of bearer. Vol. viii, No. 56.

1779.— October 29. Fishkill.—The bearer, Mr. Stewart, is on his
way to King’s Ferry to take charge as quartermaster, and waits
for instructions. Col. Hubbard cannot get a yard of duck in
his State. Advises a halt in the building of bateaux—no
boards will be left for many necessary objects. Gives return
of bateaux at Wappen’s creek. Caulker needed. Wages of
artificers. Smiths demanding equal wages with those in
Philadelphia, ‘‘that sink of pollution.’’ Without money
transportation must stop. Wheelwrights demand a raise in
their wages. Vol. viii, No. 52.

190 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

Hay, Upny (Col.) (continued ) :

1779.— October 30. Fishkill.—Desiring information about the
cutting of the wood. Impossible to detain vessels without
putting a stop to the forage business. Will not bateaux
answer for transporting the troops destined for Albany? Asks
him to order back the King’s Ferry men from the fort, as they
are needed at the landing. Vol. viii, No. 54.

1779.—LVovember 3. Fishkill.—Neither hay nor grain at West
Point, owing to lack of craft to bring it down the river; sug-
gests laying platforms on boats and bringing it down on them.
Vessels in want of rigging, sails and anchors.

Vol. ix, No. 49.
1779.—LVovember 5. Fishkitl.—Concerning the wages of arti-
ficers. Encloses letters on the subject. Wages of express
riders. Vol. ix, No. 50.

1779.—LVovember 6. Fishkill.—Destination of Capts. Mills’,
Willcox’s and Pendleton’s companies. Improvements in the
store and hospital, and a new guard-house to be built. Neces-
sity for Maj. Ayres’ people discontinuing the boat-building.
Condition of certain roads. Number of water-craft must be
increased. Vol; ix, No.5.
1779.—LVovember 9. Fishkitl—Acknowledging favors of 7th and
8th insts. In reply to his remonstrations, the artificers have
gone to work. Has applied to the Governor. Forage on the
confines of the river cannot be brought down, owing to lack
of vessels. Has stopped work on hospital, in accordance
with Gen. Greene’s orders. Has desired Mr. Stewart to
return to Fishkill. Not responsible for want of flour. Owes
many accounts ; his credit sinking in proportion to the depre-
ciation of money. No blankets and shoes.
Vol. ix, No: 5a:
1779.—LVovember rz. LFishkill.—lf he has not a speedy supply of
cash, the business of his department must cease. Hardly any-
thing prepared for the reception of the troops into winter
quarters. High price of necessary articles. His principal |
assistant has left in disgust, and his next oldest declares that
he won’t receive another shilling unless Congress thinks
proper to make his pay in some degree adequate to his ser-
vices. Vol; 1x, No. su:

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 191

Hay, Upny (Col.) (continued) :

1779.—LVovember r4,. Fishkill.—Twelve barrels of tents arrived
from Messrs Otis and Henley; has ordered them stored at
the landing until further orders. Vol. ix, No. 58.

1779.—lVovember rz. Fishkill.—Acknowledging favor of rath
inst. Does not know of any preparations made for depositing
shoes at King’s Ferry. Has desired the quartermaster there
to build some log nuts for the ferrymen to live in.
Vol. 1x, No: 59.

1779.—November 15. Fishkill.—Enclosing copy of letter from
Col. Van der Berg, respecting the pay his son is to receive as
one of the expresses. Asks for information on that head.
Must have a supply of boards. Vol. xii, No, 7.

1779.—LlVovember 24. Fishkill.—Has just been informed that the
wife of his old colonel (Col. Hayen) is on the road to the
Jerseys. Requests Gen. Greene to ask any of the gentlemen
with him to procure quarters for her in the vicinity of the

‘place where the colonel’s regiment will be stationed.
Vol. ix, No. 56.

1779.—December 9. Fishkill.—New and almost insurmountable
difficulties. Cannot obtain forage owing to lack of money.
Nothing can save his department from ruin, and the army from
disbanding but the adoption of a new mode for obtaining
forage ; explains this in detail, The impending storm could
have been averted by an opportune supply of cash.
Vol. vili, No. 46.
1779.—December 9. Fishkill.—Grievances of the assistant quar-
termasters; thinks Congress in all fairness ought to take
them up. Wagoners’ certificates. The advantage of building
two vessels. Complaints of artificers well founded, but out of
his power to remedy. Number of shoes purchased. Clothing
wanted. Suggests Col. Lewis laying in a stock of forage.
Vol. viii, No. 48.
1779.—December 9. Fishkill, Enclosing a memorandum of stores
wanted at once. Would like a supply of saddlers’ tools.
Wishes to be put in a direct channel for drawing his supplies.
Vol. viii, No. 47.

PROC. AMER. PHILOS. SOC, XXXIx. 162. M. PRINTED JUNE 7, 1900.

192 CALENDAR OF THE GREENE CORRESPONDENCE. ([April6,

Hay, Upny (Col.) (continued ) :
1779.—December 25. Fishkill.—Enclosing returns of officers and
men employed in his department, and explains one or two
omissions, Vol. viii, No. 49.
1780.—/January 6. Fishkill.—Telling him to charge $100 to the

account of Jonathan Ruckman, express rider.
Vol. 1, Nowaa 7

1780.—February 6. Fishkill,—Congratulating him on the latest
addition to his family. Recalling the bearer, Hawkes Hay, to
his memory, his many virtues and his need of employment.
Voli; No. 29%
1780.—February 9. Fishkil’.—Acknowledging letter of 2nd inst.
His fears for the army. Question of appeal by Congress to the
States for supplies. Would rather be the agent for his own
State (if it comes into the measure) than risk the embarrass-
ments arising from a State quartermaster. Constitution failing
him under the fatigues and annoyances of his position. Busy
with cash accounts. Most of their debts to artificers, masters
of vessels and wagoners, who depend only on this money for
the support of themselves and family. In case Congress sends
a supply of wheat, has chosen a safe place for storing it. Lack
of wagoners. Question of a debt to a ropemaker. Desires
printed certificates to give those who bring in accounts and
cannot be paid. Vol. 1, Ne. 52:
1780.—February 11. #ishkili.—WLaying before him an account of
damages sustained by a certain claimant; already laid before
Congress but evidently overlooked. Waiting for money from
the Treasury to discharge his expresses. Want of flour. Will
pay Congress a visit soon if they do not assist him. Hears
that 600 barrels of flour are coming to West Point from the
southward ; hopes it is true. Vola, Novas:

Hazen, Moses (Gen.):

1780.—January 2. Camp near Morristown.—Begging him, for
private reasons, to facilitate the departure of the Reverend
Pierre Bartheaum for Philadelphia. Volyi, No. 16,

HEER, BARTHOLOMEW VON (Capt.):

1779.—Jauuary 24. Millstone.—Asking for a blacksmith’s cart,
to enable him to get the horses in his troop shod, as they need
it badly. Vol. viii, No. 99.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 193

Henry, JAMES M.:

1779.—May 24. Headquarters.—Desired by His Excellency to.
supply Col. Shreve with wagons to move his tents.
Vol. vi, No. 8.
Hopcson, SAMUEL:

1779.—May 12. Pluckemin.—Asking for an order to procure any
quantity of German steel, the nearer to Philadelphia the better.
Vol. vii, No. 74.
Ho.iincswortH, Henry (Col.) :
1779.—/anuary 23. Head of El/k.—Concerning wagonage from:
Chester county to Philadelphia. Volsixs No. Go.

1779.—Lebruary 4. Head of Hlk.—Acknowledging favor of 2nd
inst. Has dispatched the packet to Mr. Calhoun at Baltimore.
Difficulty of retaining teamsters; their pay and their time of
service. Question of paying his under-agents, who are com-
missioned to buy various products of food. Must offer suffi-.
cient salary to encourage gentlemen of fortune, character and!
business to undertake the work. Question of forage.
Vol. i, No. 19-
1779.—February 9. Head of Eik.—Concerning the terms on
which to hire the wagons. Will bring his accounts up with
him in a few days. Reason for not sending on more forage ;
very scarce at present. Wants money. Vol. iv, No. 50.

1779.—February 10. Head of Elk.—Acknowledging favor of 2d
inst. Evil results arising from the purchase of corn and grain
by persons not of his appointing. ‘Trustworthiness of the
gentlemen he has employed. If, however, any of his agents
have erred, they shall be dismissed. Wages of wagoners.
Need of cash. Vol. iv, No. 48.

1779.—Lebruary 10. Head of Elk.—Copy of letter No. 48 in
Vol. iv. Vol. vii, No. 27.

1779.—Lfebruary z7.—Concerning the conduct of Wagonmasters
Anderson and Caswell. Wagoners’ natural preference for pri-
vate hauling. No court-house or prison in the county where
business can be transacted. On examining Act of Assembly
for prohibiting speculators, finds it so inconsistent that it com-
mends the very thing it prohibits. Vol. iv, No. 49.
P. S. to No. 48;

194 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

HOLLINGsworTtH, HENRY (Col.) (continued ) :

1779.—Lebruary 25. Head of Elk.—Acknowledging favors of 14th
and 16th insts. Difficulty of procuring forage and keeping it
out of the hands of speculators. Promising a constant supply
of corn. Enclosing a few verses (Vol. x, No. 6a) wrote by a
young lady, a friend, who asked him to deliver them to Gen.
Greene. Vol. x, No. 6.

1779.—May 3. Philadelphia.—Acknowledging favor of 14th ult.
by Major Burnet. Declares every charge in that letter untrue
and the report of slanderous tongues. Defends himself against
charges—z. e., loss of the people’s confidence, and the putting
his relations in office. ‘Thanks Gen. Greene for his impartial
inquiry. Thinks the source of most of the complaints is the
lack of a proper distinction between the quartermaster’s and
the commissary business. Vol. vii, No. 22.

1779.—October 8. Head of Elk.—Acknowledging favor of Sep-
tember 29 from Gen. Greene (?). Has forwarded his whole
returns to Col. Pettit, but in future will send them to Gen.
Greene every month if possible. Thanks him for caution re-
specting forage; will send on all he is able to procure.
Vol, ii, No, 35.
1779.—October 13. Philadelphia.—Enclosing returns of assistants,
clerks and other persons employed at the Elk post. The wharf
almost completed, and the store all ready to raise. Want of
forage. Postponing taxes until December, impolitic. Wishes
such part of his letter communicated to Col. Clement Biddle
as may be necessary. Vol... No. ze.

1779.-—November 23. Philadelphia.—Report of his department,
of the work accomplished and that contemplated. Has been
obliged to employ new assistants, the old ones having left on
account of low wages. Laborers receive double the pay of his
assistants. Vol. ix, No. 61.

1780.—January 5. Head of E/k.—Acknowledging favors of roth
and 18th insts. Question of accounts. Reason of certain com-
plaints. Will explain the matter personally to him when he
comes to Philadelphia. Carolina troops under Gen, Hogan
passed Susquehanna with much difficulty, those of Virginia by
way of Lancaster. Vol: 1) INO-2T.

1900.) CALENDAR OF THE GREENE CORRESPONDENCH. 195

Ho.iincswortH, Henry (Col.) (continued):

1780.—/anuary 5. Head of Elk.—Passing of an Act by the State
appointing commissioners to seize both provisions and forage,
for the readier and more effectual supplying of the army. Corn
now selling at $20.00 which three weeks earlier cost ten
pounds. Vol. i, No. 22.
PS. toNe: 2r.
Hooper, Rosert LeEttis (Col.):
1778.—/June 26. Easton.—Sends by Mr. Hugh Bartley twelve
four-horse teams, a number of spades, pick-axes, shovels, etc.
Is Gen. Pulaski’s corps to have twelve valises without paying
for them ? Vol. x, No. 12.

1779.—February 6. Easton.—Enclosing extracts of several let-
ters, to show the orders he has received and the measures
he has pursued. Has raised 48 teams on a contract for three
months to carry on the flour mentioned in these letters. Ac-
knowledging his letters of 23d and 28th ult., glad Gen.
Greene approves of his candid reports. Will have his accounts
to January r completed before the end of the month. Must
ask for money, however, to complete his present contracts, so »
begs him to send $100,000 by the bearer, Mr. Strouse. Can
procure pack-saddles. ‘‘Has grown monstrous fat by Mrs.
Greene eating and drinking his health.”’

Vol. iv, Nos. 44 and 46.

1779.—February 6. Easton.—Exact copy of letter, Vol. iv, No. 44.
(See preceding letter.) Vol. iv, No. 45.

1779.—February 15. Easton.—Acknowledging letter of 13th inst.
and also $7920. If an Indian expedition is determined on,
can provide kegs. Has provided everything necessary for the
infantry belonging to the Legion in their march through Geor-
gia. Teams at Sussex Courthouse entered for three months ;
if the flour is not sent on, the expense will be great. “Mrs.
Hooper joins him in begging Gen. Greene and his wife to
visit them. Vol. iv, No. 43.

1779.—February 18. Easton.—Question of the best pack: saddles;
will prepare materials for rooo. Difficulty of procuring teams
at the price. The people’s dislike to Continental money.
Vol. iv, No. 42.

196 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

Hooper, ROBERT Lertis (Col.) (continued ) :

1779.—Lfebruary 25. Haston.—Can procure 1500 pack-saddles
by the middle of April. Will be with him the following even-
ing. Vols x; Noda

1779.—May 5. Haston.—Describing the three routes from Wyo-
ming to Fort Schuyler, and asking him to decide on one for
the army. Forty-two prisoners of war, officers and privates, at
Easton and Bethlehem; thinks they ought to be removed to
some place out of the route of the army. Mrs. Hooper on a
visit to her friends in Trenton. Vol. vii, No. 30.

1779.—May 5. Haston.—Business of engaging teams and team-
sters. Money needed to carry it on successfully. Linen needed
to complete saddles. Scarcity of forage. Will use his best
endeavors to get Mrs. Greene’s horses. Vol. vii, No..29;
1779.—May zr. LEaston.—Three hundred horses will be at head-
quarters by the 15th inst. Unless Col. Biddle sends horse
feed, cannot subsist the horses through to Wyoming.
Vol. vii, No. 73.

1779.—May 12. Easton.—Number of horses on hand. Needs
money. Honored by the esteem of such men as His Excel-
lency and Gen. Greene. Must have horse feed.
Voliwit, Noni8s.

1779.—May 12. LEaston.—Bearer is Mr. Jacob Schank, conductor
of twelve teams; asks the General to spare a moment to view
the teams and teamsters, that he may know how the business
is being done by him. Need of money. Vol. vii, No. 88.

1779.—May 12. Haston.—Business of pack-saddles. Any delay
in bringing on the teamsters and horses no fault of his, but
due to want of money. Appointment of Capt. Bond to super-
intend and direct the pack-horsemen. Vol. vii, No. 84.

1779-—May 12. Easton.—Recommending to his notice Mr. Bond,
who has been appointed to superintend the pack-horsemen.
Mr. Bond honored by Governor Livingstone with the rank of
Lieutenant-Colonel in the First Regiment in Sussex County,
and with other important trusts. Vol. vii, No. 93.

1779.—May 15. Easton.—Acknowledging favor of 13th inst. by
Col. Bond. Difficulty in subsisting the pack-horses and in
procuring horse-drivers. Has not ten dollars in the bank.

¢
1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 197

Hooper, RosBertT LETTIs (Col.) (continued ) :
Has completed preparations for Indian expedition, except the
pack-horsemen, which he cannot raise for want of money.
Business of calling out private teams. Has sent keg of butter
to Mrs. Greene and one to Mrs. Biddle.
Vol. vii, No. 101.
1779.—May 17. Easton.—Will carefully attend to every part of
his letter of the 15th inst. Has directed Col. Bond to parade
his men at Easton on Tuesday. Has drawn on Col. Pettit for
£300,000. Asks him to put the matter of calling out the
teams on a good footing with Governor Read. States his rea-
sons for distrusting Mr. Van Vleck, and thinks on no account
should he be allowed to enter New York and come out again.
Has also some doubts of the Mr. Smith mentioned in Mr.
Okely’s letter. Vol. v, No. 16.
1779.-—May 18. Easton.—Acknowledging letter of 16th inst. At
four days’ notice, will parade 1400 horses for the use of Gen.
Sullivan’s expedition, but at a loss where to get forage, unless
Col. Biddle helps him. Has sent temporary relief to Capt.
Patterson. Vol. v, No: 11:

1779.—May 19. Easton.—Directed by Gen. Sullivan to send ex-
press to Gen. Greene for 200 portmanteaus and 3000 canteens.
Will accompany Gen. Sullivan the following day to view the
road cut in the great swamp, already three miles long.
Vols v,, No. 25.

1779.—May 23. Haston.—Has been assisting Gen. Sullivan at
Pocono Point. In receipt of $444,000 from Col. Pettit, which
he has paid out. If well supplied with money, will coax the
farmers out. Mr. Stewart’s mistake, in ordering the magazine
to Van Campen’s, has caused great damage. Immediate need
for tents. Vol. vi, No. 2.

1779.—May 27. Laston.—Acknowledging letter of 25th inst.
Report of pack-saddles and horses on hand, and the number of
teams for hauling stores. Will send on Mrs. Greene’s horses
as soon as they come. Vol. v, No: 62:

1779.—May 32. Laston,—Informing him that in company with
Gen. Sullivan he has returned from Col. Cortlandt’s head-
quarters in time ‘‘to drink a dish of tea with Mrs. Hooper.”’

198 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

Hooper, Rosert LeEttis (Col.) (continued ) :

Progress of Col. Cortlandt’s work. Forwarding of troops and
removing of stores. Depreciation of money. Unaccountable
delay in getting the horses for Mrs. Greene.

Vol. vi, No. 22.

1779.— October &. Haston.—Acknowledging letter of 5th inst.
Has received Gen. Sullivan’s orders to send 100 teams to
Wyoming. ‘Teams now on the way and the whole army likely
to reach Easton by the following Friday. Fears only the
want of flour and horse feed, which cannot be had without
money. Vol. i, No. 24.

1779.— October 1g. Easton.—Acknowledging letter of roth inst.
Particularly pleased with the esteem and approbation therein
contained. Whole of western army will reach Easton the fol-
lowing day ez route to headquarters. Will provide too teams
forthem. Great want of money. People’s great dislike of
the money; will not sell their produce for it.

Vol. vili, No. 60.

1779.—October 22. Easton.—In accordance with instructions
will have 100 teams, with ten days’ forage for each team,
ready to move with the army by the following Wednesday.
Begs him to read this letter to Col. Biddle.
Vol. iii, No. 74.

1779.—LVovember 12. Easton.—The people tickled by the en-
closed address (No. 64@), returned in pretty good humor.
Twenty boats completed and launched, which will arrive at
Trenton on Monday next. Number of boards at Minisink.
Will send candlesticks to Mr. Thompson next week.
Vol. ix, No. 64.

1779.—LVovember 16. Easton.—The bearer, Mr. John Fordsman,
one of Col. Hooper’s wagon conductors, and all his people
want clothing. Asks his kind attention to the request.
Vol.-ix; No.5.

1779.—LVovember 30. Easton.—Arrived safely at home and
found Mrs. Hooper doing well. She sends Mrs. Greene a
saddle of venison. James O’Hara detected in passing coun-
terfeit Continental money; encloses the unfortunate youth’s
confession ; begs Gen. Greene to obtain a pardon for him and

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 199

Hooper, Rosert LETTIS ( Col.) (continued ) :

prevent the dreadful shock and disgrace to his family. The
bearer, Mr. John Armstrong, is his uncle. Requests him to
jog Lord Stirling’s memory to send for the deserters now con-
fined. in Easton gaol. Vol. ix, No. 68.
1780.—January 29. Haston.—Enclosing papers concerning his
situation in point of business, and promising to send on the
cannon, etc. on the following Sunday. * Desires to know if
Gen. Greene has received the venison and poultry? Compli-
ments to Mrs. Greene. Voliig. Now 27.
1780.— february 27. LEaston.—Has a number of wagons, but no
money with which to repair them. Impossible to make any
further contracts or to carry on the transportation ; his debt
amounting to one million pounds. Vol. i. sNo: 26:
1780.—February 28. Easton.—Happy to have his concurrence
and Mr. Biddle’s in the enclosed circular letter to all his as-
sistants (MSS. No. 29). Necessity obliged the step, which
must occasion a great convulsion in the western district under
Gen. Greene. Vol: i, Nos 30.
1780.—February 28. Easton.—Attempts to procure money fruit-
less. No further contracts must therefore be made, nor must
articles appertaining to the quartermaster or forage depart-
ments be purchased for the use of the United States, until
further instructions are received from Gen. Greene, Col. Bid-
dle or himself. Begs them to come to the office and close
their accounts, so that he may furnish Gen. Greene with a list
of debts due against the department. Vol. 1, No. 29.
The original, of which this is a copy, was sent to all Col. Hooper’s
assistants in the quartermaster department.

Houston, WILLIAM C.:

1780.—/anuary 14. Treasury Office, Philadelphia.—Question of
liquidating and receiving payment for the accounts of the
United States against the troops of the Convention of Saratoga.
Encloses a copy of a part of Congress’ resolutions on the sub- °
ject. Vol. i, No. 31.
How, BAXTER:

1779.—/January 10.—Desiring to know whether to carry the tents
to Middlebrook, Morristown or Trenton ; if to the last named

200 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

How, BAXTER (continued ) :

place, he could bring back Continental rum in return, which

would be of service to the brigade. Vola Nose:
1779.—May ro. Artillery Park.—Ordered by Gen. Knox to

furnish thirty-four horses for the artillery, which will move the

following day. Has only twelve horses; applies to Gen.

Greene for the other twenty-two. Vol. vii, No. 54.

Howe, Rosert (Gen.) :

1779.—October 10. Poim Lridge.—Gen. Heath will forward the
address; apologizes for not getting it signed and sending it
on sooner. His covered wagon broken down; relies upon
Gen. Greene’s friendship to send him one at once. Caution
against rough handling of the address. Voli; Nor36:

1779-— October 29. Drake House.—The address pleases his
brother officers; hopes it may have an effect on Congress.
Doubtful as to the propriety of writing to Gen. Gates; would
like Gen. Greene’s (?) opinion. Reasons for not writing
more: is d—d hungry, a little vexed and the paper is bad.

Vol.1, Noi34-
1779.—October 26. Poim Bridge.—Introducing the bearer of the
letter, a British officer, who, disgusted by some ill treatment,
has come over to the Americans. His situation one to excite
compassion. His horse being worn out, has lent him one as
far as Mandeville (?). Trusts that Gen. Greene will furnish
him with means of getting to Philadelphia, and will be kind to
him whether he deserves it or not. Voli, Nos 33:

1780.—/anuary 78.—Begging him to add a blanket, a coat and a
pair of boots to the order given the wagoner, who has a claim
to the two first and a need for the whole. _—-Vol. i, No. 35.

HUvuBBARD, NEHEMIAH :

1778.—lVovember 9. Hartford.—Acknowledging favor of 6th
inst. Has appointed Mr. James ‘Bull, of Hartford, as
deputy quartermaster-general, to accompany the Convention
troops through the State as far as North river. Concerning
supplies on the march. What is Mr. Bull to be allowed for
his services and his assistants? Vol. x, No; 50:

1779.—february 6. Hartford.—Acknowledging favors of Janu-
ary 5, 20 and 27. Was confined to his room for over a

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 201

HuBBARD, NEHEMIAH (continued ) :

fortnight. Sent Capt. William Bull to charter a sufficient
number of vessels to freight 1000 casks of rice. Acknowledg-
ing the money forwarded by Col. Pettit. Plans for remedying
the scarcity of forage impossible, on account of the behavior
of the farmers. Mrs. Hubbard still very ill.

Vol. iv, No. 41.

1779.—February 19. Hartford.—Acknowledging favor of the
gth inst. Wrote him on the 4th concerning his ill success in
procuring vessels to freight rice from South Carolina; never
had a piece of business that cost more trouble and fatigue to
so little purpose. Enclosing returns. Proper salary for good
assistants. Vol. iv, No. 38.

1779.—february 24. Hartford.—Since writing, Col. Wadsworth
has given him orders to make certain concessions to the
owners of vessels, which will put several at his service; gives
dates and places of sailing. Will set out at once in quest of
more vessels. Has sent Mr. Richard Skinner for a supply of
casks, the former supply being exhausted. Asks his opinion on
the subject of certain payments. Vol. iv, No. 39.

1779.—May 3. Hartford.—F¥or want of money, unable to get
Gen. Putnam’s horses and wagons, etc., ready by the roth ;
also unable to transport a large quantity of salt provisions and
flour, or to engage forage for the approaching season.
Vol. vii, No. 21.

1779.—May 13. Hartford.—Acknowledging favors of 30th ult. and
2d inst. Arrival of Mr. Jones with $392,000, which is entirely
exhausted. Hopes the bearer, Mr. Wadsworth, may be given a
supply. Depreciation of currency caused by lack of money
Number of tents and portmanteaus sent forward and those,on
hand. Expects to engage a sufficient number of wagons for
Gen. Putnam’s division. The forwarding of great quantities
of provisions will require a very large supply of cash. En-
closes estimate of cash needed (No. 912).

Vol. vii, No. gr.

Estimate of cash needed for June and July, with a deficiency for the
months of April and May. Vol. vii, No. gta.

202 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

HUBBARD, NEHEMIAH (Continued ) :

1779.—May 26. Hartford.—Enclosing copies of agreements
made with the owners of the schooners ‘‘Industry’’ and
«« Prudence,’’ the only vessels that would be chartered in the
State on any terms. Poor success in recruiting wagoners.
Vol. v, No. 73.
1779.—October 11. Hartford.—Acknowledging favors of Septem-
ber 29 and October 3. Has collected all the scows in the
Continental shipyard in Chatham; only sixteen will answer,
Capt. Bush offers, if needed, to make a boat a day for ten
days. Will have all in readiness at a moment’s warning, on
the arrival of a French fleet. Fixing expresses at various
posts. Whaleboats cannot be procured without payment
down. Nothing can go on without money. Is sending the
bearer, Mr. Caldwell, to Col. Pettit with an urgent request for
a supply. Vol. iii, No. 77.
1779.—October 14. Hartford.—Acknowledging his favor of the
roth inst. Promising 200 tons of best English hay, ready to
be shipped when wanted. Has sent a person in quest of
boards. Believes twenty flatboats might be built in twenty-
five days from this time. Unless he receives a small supply of
money nothing can be done. Vol. iii, No. 78.
1779.—October 15. Hartford.—Reporting the conduct of one of
Gen. Greene’s expresses, whose name he has forgot—-‘‘ an im-

pudent, idle fellow!’’ No pay received for a public horse
ridden by Mr. Long, an express-rider, to Boston and back.
Vol. iii, No. 79:

1779.—October 17. Hartford.—Acknowledging his favor of the
13th. Will immediately set as many people to work as he can,
to cut timber, and saw plank. Flat-boats shall be built with
all possible despatch. No money, nor can he borrow any.
Vol. iii, No. 80.

1779.— October 20. Hartford.—Acknowledging favor of the 16th
inst. Has taken every measure to have the boats completed
by the time they may be wanted, and the hay will be pressed
in season; nothing wanting but cash. Carpenters refused to
continue work unless paid every Saturday night. Borrowed
money for their first week’s wages, and also for certain
teamsters who had carted loads to Fishkill. Hates to do this

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 2038

HUBBARD, NEHEMIAH (continued ) :

and must again beg for a supply of money or the carpenters
will quit work. Vol. iii, No. 81.

1779.— October 26. Hartford.—Acknowledging favors of the rgth,
21st and 22d insts.; also order from Col. Pettit on the Loan
Office for $400,000, which enables him to pursue the business
with spirit. Building of boats progressing. Arrival of Lieut.-
Col. Stevens and his departure for Springfield. Expects to
start himself for New London to procure vessels and make the
necessary preparations. Gen. Greene’s horse in a good way.

Vol. i, No. 40.

1779.—lVovember 4. Hartford.—Agreeable to directions of Octo-

ber 21, proceeded to New London, and purchased certain
ships. Transportation of hay; number of boards procured.
Vol. ix, No. 62.

1779.—Vovember 9. Hartford.—Report of the building of boats
at Chatham. Stationed express-riders very uneasy to know
what their wages will be. Vol. 1x, No. 63:

1779.—LVovember 30.—Questions concerning the Quartermaster’s
department, asked Gen. Greene by Nehemiah Hubbard, and
Gen. Greene’s replies. Vol. ix, No. 67.

1779.—December 27. Hartford.—Acknowledging favor of 21st
inst. Anxious to know the contents of the letter forwarded
by him to Col. Moylan; will submit to His Excellency’s de-
termination in the matter. Will secure any duck that may
come into Connecticut. Vol. viii, No. 62.

1780.—/anuary 20. Hartford.—Acknowledging letter of 2d
inst. and enclosing estimate of the debts due in his district.
Cavalry unable to get to Colchester on account of the snow.
Heard that Col. Moylan’s regiment was on the way to the
place assigned for their winter quarters; exceedingly against
their will. Col. Sheldon’s regiment tarrying at Weathersfield,
as soldiers of both regiments could not possibly be provided with
suitable barracking at Colchester, not having a blanket in both
regiments and very few cloaks. Question of His Excellency’s
allowing Col. Sheldon’s regiment to remain at Weathersfield.
Vol. 1, Nosar.

204 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

HUBBARD, NEHEMIAH (continued ) :

1780.—February ro. Hartford.—Acknowledging letters of 29th
and 31st ult. Has secured all the duck possible without money.
Order of His Excellency, the Commander-in-chief, to the Gov-
ernor, to remove one regiment to any town in the State
(Connecticut). Col. Moylan’s arrival in the State with a mis-
taken notion of the extent of his authority. Will discharge all
the teams unless they agree to serve the next campaign.
Viol, a .Nows
1780.—Ffebruary rz. Hartford.—Enclosing a copy of an ac-
count presented to Mr. Hubbard for payment—is he to pay it?
Also encloses returns. Vol: ix, No: Vo:

1780.—February 24. Hartford.—Enclosing Col. Moylan’s and
Col. Sheldon’s returns for accoutrements and repairs for their
regiments. Mentions articles he is unable to furnish. Col.
Webb desires to have forwarded to Morristown a pipe of wine
and some loaf-sugar, for himself and Gen. Greene; roads
almost impassable, but will send them forward soon by some
trusty person. Blank certificates not yet arrived. Uncer-
tainty of the post. j Vole15.No- 36:

1780.—february 29. Hartford.—Wrote him on the 24th inst.,
enclosing. a copy of certain returns. Hears through Major
Talmage that a large quantity of horse furniture is at Spring-
field, which could be obtained on order. Obstacles in the
way of obtaining carts. ‘Terms on which he has engaged the
teams. Debt Capt. Starr wishes to pay to an express-rider.

Vol. 1,-No. 38:
Hucues, J.:

1780.— february 3.—Has engaged a number of teams. Desires
Gen. Greene’s orders as to their rations, as he does not con-
sider the recommendations or orders of Mr. Lewis binding
on_him, the brigade, or any part thereof. Vol. 1, No. 42.

HuMPHREYS, WHITEHEAD:

1779.—/anuary 20.—Stating the terms on which he would make
axes for use of the army. Vol. viii, No. 63.

Hunter, M1n.:

1778.—August 20. Warwick.—Concerning a verbal order given
some time before by Gen. Greene to supply a’certain Mr.

1900. CALENDAR OF THE GREENE CORRESPONDENCE. 205

HUNTER, MTN, (continued ) :

Counter with three horses, a saddle and bridle. Col. Hay
will not replace them without a written order from Gen.
Greene. Vol} xs Noto.

HUNTINGDON, SAMUEL (Pres’t of Congress) :
1779.—LVovember 13. Philadelphia.—Enclosing Act of Congress of
the 12th inst. respecting the rank of certain men in the army.
Vol. ix, No. 71.

1779.—Vovember 19. Philadelphia.—Enclosing three Acts of
Congress for reforming and incorporating the eleven compa-
nies of artificers and making further provision for them as spe-
cified in the several acts. Capt. Pendleton’s faithfulness in
this business and his subsequent sickness.
Vol. i, No. 43.

1780.—/anuary 8. Philadelphia.—Enclosing Act of Congress,
directing payment to be made by the Quartermaster-General
or his deputy for horses killed in battle, belonging to officers
whose duty it is to be on horseback. Vol. 1, No. 44.
1780.—/January 14. Philadelphia.—Enclosing Act of Congress of
11th inst. with directions concerning the accounts of supplies
to be furnished the troops of the convention of Saratoga.
Vol. viii, No. 65.
IRVINE, WILLIAM:
1780.—January 31. Camp near Morristown.—Congratulating
Mrs. Greene and the General, and wishing them joy. Has
written the State Commissary to send all the soap he can spare.
Volks; Noi 49:

Jamison, ADAM:
1779.—May 15. Middlebrook.—Has requested a Court of Inquiry
that the accusations of one Geo. Hook, wagoner, against him-
self may be disproved. Vol. vii, No. 97.
1779.—May 21. Camp, Middlebrook.—Enclosing the sentence of
the Court of Inquiry, which he trusts will give Gen. Greene full
satisfaction. Vol. v,: No: sire

Jay, JAMEs (Sir):
1779.—LVovember 5. Fishkill—Concerning a horse which he
bought from Col. Hay, who some time after, told him that he

206 CALENDAR OF THE GREENE CORRESPONDENCE. [April6,

Jay, JAMEs (Sir) (continued) :

never rode him thirty miles without his falling lame. Consid-
ered it a joke, having several times ridden him more than that
without the least injury. Has kept the horse so far in reserve
for Gen. Greene, but he is perfectly free to take or leave him
after consulting with Col. Hay. Vol. 1, No. 48.

Jay, JouNn (Pres’t of Congress, Dec. 1778-Sept. 1779):
1779.—/anuary 22. Philadelphia.—Acknowledging letter of 18th

inst. and promising to transmit the determination of Congress

on the subject. Vol. 1,,.Ne> 47-

1779.—Lebruary 1. Philadelphia.—Enclosing copy of Act of
Congress directing the payment of sundry amounts to the in-
habitants of New York, for provisions supplied and services
performed immediately after the loss of Fort Montgomery.
Execution of this act to be carried out at once, the sums-
having been due over a year. Vol. i, No. 46.

1779.—May 19. Philade/phia,—Transmitting him a copy of an
Act of Congress of the 11th inst., making further provision for
officers in Gen. Greene’s department. Vol.v, No.-27.

1779.—May 20. Philadelphia.—Introducing Lieut.-Col. Morris,
who, having left Gen. Sullivan’s family, desires a place in
Gen. Greene’s. Vol. v, No. 38.

JOHNSTON, FRANCIS:

1779.—December 8. Cross Roads, Chester Co.—Introducing Major
Dick to his particular notice, and requesting as a personal
favor that he may be given the late Colonial Sheriff ’s place in
the county of Chester. Vol..1, No. (45.

JouNsTon, JAMEs, and HowELL, JOSEPH:

1779.—May 24. Auditor's Office.—Asking that the proper orders
be given for forwarding a box of warrants. Vol. vi, No. 7.

Joyce, WILLIAM:

1778.—Wovember 9. Middletown.—Acknowledging favor of 6th
inst. Has half promised his services to a privateer bark sailing
the latter end of the month; will get three shares of the profits.
However, will leave the privateer and undertake with Gen.
Greene if he will pay a certain price. Vol. x, No. 51.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE, 207

KEMPER, DANIEL:

1779.—May 26.—Asking for teams in which to send the clothing to
Gen. Sullivan’s troops, according to His Excellency’s direc-
tions. Vol. v, No. 76.

KINGSLAND, ELIZA:

1779.—October 4. Albany.—A pathetic letter, setting forth various
incidents of her life and beseeching that her husband may not
be recalled to his regiment, as his work is the only thing which
supports herself and her three little children ; to follow a camp
is far worse than death to her. Vol. ii, No. 74.

Knox, Henry (Brig.-Gen. of Artillery) :

1778.—ovember 20. Camp, Fredericksburg.—Begging him to
give directions to his deputy at Springfield to pay for such
lumber and coal as may be wanted for the use of the ordnance
mills at that place. & Vol. i, No. 52.

1779.—February 25. Pluckemin.—Promising to send all tent-
makers to Morristown. Mrs. Knox and the young ladies send
their compliments to Mrs. Greene and the ladies.
Vol. i, No. 54.
1779.—LVovember 13. West Point.—The desire of His Excellency
that the preparations of the five ships at New London shall be
stopped. Mentions the matter so that he (Knox) may send
such orders to Mr. Hubbard as he thinks proper. Asks for
news of winter quarters. Vol. 1, No.5 3.

Kosciusko, THaDDEus (Col.) :

1780.—/anuary 29.—Recommending certain workmen as the most
active and honest, and therefore entitled to have the prefer-
ence in the new arrangement. Has sent the Commander-in-
chief the plans of Fort Putnam; desires his opinion.
Wol. 1, No. 55.
LAWRENCE, JOHN (Judge) :
1780.—February 26. Morristown.—Enclosing a summons for
Mr. Clarke to attend a general court-martial on Monday next
at Morristown, on the case of Col. Howard.
Vol. i, No. 56.
LEwIs, JOSEPH :
1779.—October 7. Morristown.—About forty horses in his dis-
trict ; not possible to recruit them fast enough to keep up the
PROC. AMER. PHILOS. SOC. XXXIX. 162, N. PRINTED JUNE 11, 1900.

208 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

LEwIs, JOSEPH (continued ) :

almost hourly exchange of horses at his post. Abuse of horse-
flesh by the expresses, hired at Philadelphia; better for the
Continent to pay each express $40.00 per day and let him
keep his own horse. Court of Inquiry still sitting ; not yet
finished examining the evidences against him [ Lewis].

Vol. iii, No. 82.

1779.—December 7.—Good saw-mill standing still for want of a
saw ; can Col. Abeel spare one ? Vol. viii, No. 64.

1779.—December 13. Morristown.—Wishes to have Gen. Greene’s

orders for the number of boards to be furnished each brigade.
Vol. 1x, No. 74.

1780.—February 27.—In want of an express to go to Elizabeth-

town and Newark on business, by request of Col. Furman ;

would like him therefore to send one to his office.

Vol. i, No. 53:

1780.—February 28. Morristown.—Question of the proper pay of
a two-horse team per day. Wishes his directions on that
point, and also on whether it is proper for him to settle their
certificates. Vol. 7; No. so:

1780.—February 29. Morristown.—Enclosing an estimate of
expenses incurred in employing the civil authority of Morris
county, and also in the Staten Island expedition.

Volo Nowsg.

Lewis, Morcan (Col.):

1778.—LVovember 8. Albany.—Question of procuring boards and
planks. Places before him the case of a Mr. Smith, whose
house has been so long needed as a station by American troops
that he has lost the income of a year’s produce ; wishes to
know what compensation should be made him. Encloses
return of articles at his post. Vola; No. G2:

1778.—lVovember 9. Albany.—Unpardonable delay of Gen.
Greene’s expresses. Number and condition of the bateaux at
hand. Will want to employ at least one company of bateaux
men during the coming winter; discusses means of providing
them with clothes, as they are literally naked. Money nearly
expended ; would like about $30,000; in case of the arrival
of troops, has barracks in Albany for 440 men and at Schenec-
tady and Saratoga for as many more. Vol. i, No. 61.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 209

Lewis, MorGan (Col.) (continued ):
1779.—Lebruary 12. Albany.—Acknowledging favors of roth,
2oth and 26th ult. Large preparations in his department
rendered unnecessary by Gen. Schuyler’s instructions. Dif-
ficulty of getting forage. Officers’ horses consume too much.
The few tools received so far from Springfield, very ill-made
and inadequate for the work. Wages of shipwrights. In-
ducements necessary to obtain bateaux men. If his assistants’
wages are not raised they will quit. Principal articles needed.
Enclosing returns for the last month.
Vol. iv, Nos. 66 and 65.
1779.-—May 5. Albany.—Acknowledging favor of the 15th ult.
Prepared at all points for the expedition in his quarter; troops
will march on the following Monday. Pestered for cash.
Vol: vit,-Noi735.

1779.—October 6. Albany. — Acknowledging the receipt of
$200,000, which is only enough to pay for money borrowed.
Under the necessity therefore of sending Mr. Vosborough for
a further immediate supply, as he cannot possibly purchase
upon credit. If $500,000 is sent, imagines that will be suf-
ficient till the following spring. Question of clothes; poorly
made in Philadelphia, and very dear, one suit of them amount-
ing to one-third of a bateaux man’s yearly pay.
Vol. i, No. 64.
1779.—October 7. Albany.—Acknowledging favor of 4th inst.
Has sent to Fishkill sixteen bateaux and will send forty more
in the course of a fortnight. Boats from Mohock river will also
be sent to Fishkill. Every carpenter busy working on boats.
Sends Col. Hay all the boards he can spare. Amount of
oakum being sent to Fishkill. Will use every exertion to
regain possession of his native city. Wolk. ii, No: 83.
1779.—October 11. Albany.—In a few days will have every board
which the country can afford. Desires any vessels which Col.
Hay can spare. In the event of regaining possession of New
York, would be glad of the position there of deputy quarter-
master. Not a tent in the department. Vol. i, No. 60.
1779.—October 22. Albany.—Acknowledging favors of 17th inst.
The paper which Gen. Greene desires is not in his possession.
Declines to mention the terms of his future services, being

210 CALENDAR OF THE GREENE CORRESPONDENCE. [April6,

Lewis, Morcan (Col.) (continued ):
persuaded that his former letter on that subject was not agree-
able. Thinks, however, that the business of his department
has been transacted at a much cheaper rate than any other ;
can prove this. Quartermaster-General’s appointment not a
profitable one in his district. Various supplies of boats and
their materials sent to Col. Hay; building six bateaux daily.
Vol. iii, No. 84.
1779.—Lovember rz. Albany.—Transmitting returns. Asking
him to forward the Treasurer’s letter and procure him an
order for the money, as he is distressed for want of cash.
Will attend to his orders respecting grain and tar.
Wol-1x,; Noi ge!
1779.—November 21. Albany.—Asking for an order on the Board
of War for tooo green hides, as leather is necessary and
scarce. Must have money or all business will come to a stand-
still. Wol, ix, No.3:

1780.—February 4. Albany.—Acknowledging letter of 19th ult.
Promises to adopt the mode he prescribes for acquiring an
exact account of moneys due from the department. Has men-
tioned it already to some of his creditors in the city; they
declined to accept of any certificate in leu of money, even
threatening a prosecution. People distressed for money to
pay their taxes; and those living at a distance will certainly
not bring in their accounts to receive only a promise of pay-
ment. ‘Those driven from their habitations in 1777, demand
payment for boards, etc., taken from them on the retreat. His
assistants dissatisfied, and properly so, with their payment ;
they will leave unless something is done. Desires to know the
truth of a report that a Resolution of Congress allows the staff
clothing. Complains bitterly against the rate at which he has
been taxed, as he has no visible property on earth and has
been taxed merely for doing Gen. Greene’s business.

Vol. i, No. 62.

LinD, ARTHUR:

1779.—May 12.—Ordered by Col. Heth to proceed immediately
to Pompton for his baggage; applies for a horse to go on the
above business. Vol.wit, Novas:

1779.—May 12.--Also asks for sufficient power to impress a wagon
at Pompton. Vol. vii, No. 78a.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 21

LivINGSTON, ABRAHAM (Capt.) :

1779.—February 10. Charleston, S. C.—Acknowledging favor of
5th ult. covering an order of Congress for the procuration
of a quantity of rough rice and vessels for the transportation
thereof. Will proceed to the purchase at the proper time, but
must have a supply of money. Vol. i, No. 66.

Duplicate of above. ~ Vol. 1x, Nor75-

1779.—february rr. Charleston.—Is in treaty for the chartering
of two ships and a brig. Expenses incidental thereto.
Vol. ix, No. 752.

1779.—Lebruary 27. Charleston.—Acknowledging letter of 29th

ult. Number of ships engaged. Depends on Gen. Greene’s

generosity to prevent his being involved in difficulties, by
furnishing him immediately with a sufficient sum of money.
Vol) ix; Not 752:

1780.—/anuary 26. Charleston.—Acknowledging letter of August
31 covering an award respecting the brigantine Sa//y. The
vessel, after lying the whole summer as a prison-ship, has been
returned in a shocking condition. Will cost a large sum of
money, even fitting her out in the most frugal manner. State
of his health makes him desirous of closing his public trans-
actions, and therefore requests Gen. Greene to appoint some
other person in his place. Vol. ii, No. 67.

LIVINGSTON, WILLIAM (Col.):

1778.—Wovember 5. Philadelphia.—Acknowledging favor of Oc-
tober 21, and congratulating him on the latest addition to his
family. The extravagance of Philadelphia. Suggests a loan
from some foreign power to raise the credit of the money.
Enemy relying on our money losing its credit. Policy of New
Jersey exceedingly corrupt. Mentions the address of the
Assembly to the Governor of New York as a serious matter to
the country. Necessity of the States confederating. The con-
duct of Congress. A shocking spectacle of corruption and de-
ception. Surprised at the conduct of Massachusetts in return-
ing the same members; dangerous trusting the same people
too long. Refers him to Gen. Wadsworth for the history of the
times. Quotes Lee as speaking loudly against His Excellency,
saying he is an old woman, has no stability, etc.

212 CALENDAR OF THE GREENE CORRESPONDENCE, [April6

LivincstTon, WILLIAM (Col.) (continued ):

P. S.—November 8. A report that Jamaica is taken.
Vol, (Nos 65;
1779.—ebruary 14. Beverwyck.—Acknowledging favor of gth
inst. Happy to hear of his safe arrival in camp. Has enjoyed
the possession of his quarters twice in his absence. Asks him
to inform Col. Wadsworth that his presence will be absolutely
necessary at camp on the 17th about 7 o’clock in the evening.
Vol. iv, No. 67.
1779.—february 17. Morristown.—Acknowledging favor of 14th
inst. with the enclosures. Sorry to hear that any magistrate
should furnish matter of complaint either for delinquency in
duty or excess of authority. Not sure that he has any particu-
lar authority to exercise over them, but will lay the papers
before the Privy Council. Vol. i, No. 68.

LopGE, BENJAMIN :

1779.—lVovember 28. Bullion’s Tavern.—Report of the ridge be-
tween Baskinridge and Capt. Dennis’. Thinks it worth the
General’s while to view it. Vol. ixsNo; 76t

Draft of different positions surveyed by Benjamin Lodge.
Vol. ax) Nos77;
1779.—lVovember 28. Bullion’s Tavern.—Has made a survey of
the different positions and encloses the drafts.
Volo ix, Nox 7¥7a:
Lott, ABRAHAM:
1778.—December 23. Beverwyck.—Mentioning the loss of his
little grandson (Col. Livingston’s son) after a lingering ill-
ness. Intends, as soon as his gout is better, to pay his respects
to Gen. Greene on an affair of great importance. Gives rea-
sons for thinking enemy will not evacuate New York; present
meeting of Parliament likely to end all conjectures on that
point. Volo1, No. 69)

1779.—February 14. Beverwyck.—Acknowledging favor of the

oth inst. and taking a mournful view of the country’s condi-

tion. Economy and frugality replaced by extravagance, lux-

ury and venality. Very much alarmed at the present situation

of affairs. When he has strength to travel, will wait upon him.
Vol. iv, No. 68.

1900. ] CALENDAR OF THE GREENE CORRESPONDENCE. FA

Lott, ABRAHAM (continued ) :

1779.—May 24. Beverwyck.—Acknowledging favor of same date.
Assuring him how happy they will be to receive Mrs. Greene
and Mrs. Washington with such friends as may accompany
them. Monstrous cruelty of the enemy to the southward be-
speaks desperation. Solemn declaration of Congress to resent
such treatment. Vol. vi, No. 4.

LoxLrEy, ABRAHAM:

1779.—May 29. Middlebrook.—Applying for a vacant berth in
Gen. Greene’s department and stating his former services in
the cause of America. Vol. v, No. 94.

McDoucaL, ALEXANDER (Gen.):

1779.—March 24. Headquarters, Peekskill,—Acknowledging fa-
vor of r1th ult. Grand Army left everything in chaos. Gen.
Greene’s department in the best state. Detention of intrench-
ing tools. Dissipation and luxury in Philadelphia ; its conse-
quences. Congress of New York aim to do everything with
small results. Works at West Point retarded for want of car-
penters. Hard worked ; leads Spartan life. Affairs in Georgia
cannot prosper until people recover from their panic. Wants
to know what Congress is doing with Gen. Arnold. Alliance
with France. Expectations not sanguine from that quarter ;
America must, under God, rely on herself; she must pay her
own debts and restore her currency. Vol. viii, No. 66.

McHenry, Dr. JAMEs:

1778.—LVovember 8. Headgquarters.—Desiring him to notify the
gentleman whom he may have chosen for Quartermaster that
he is to march with Col. Bland and continue with the Conven-
tion troops till they arrive at Charlottesville. Asking him to
communicate the gentleman’s name, when he will be ready,
and where he may be found. Wolki,) No; 75.
1779.—LVovember 14. Headquarters.—The bearer, Mr. Kain, hav-
ing been restricted by His Excellency since his coming out of
New York, has now permission to go to Philadelphia. Desires
the General to aid him in procuring a horse.
Vol. i, No. 74.
1780.—/unuary 15.—Begging him to furnish the bearer, Major
Frank’s servant, with a public horse to ride as far as Basken-

214 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

McHenry, Dr. JAMES (continued ):

ridge on behalf of Lady Stirling, who is anxious to learn what
has become of the Earl. Vol1, No: 99:

MANLEY, JOHN:
May 20. Providence.—Asking him, on behalf of Mr. Tilling-
hast, to forward the amount of a certain draft to Providence.
Vol. v, No. 36.
MAaxwELL, WILLIAM ( Gen.) :
1779.—May 6. LElizabethtown.—Ordered by His Excellency to
be ready to march. Begs him to order every necessary pro-
vided, so that he may comply with His Excellency’s command.
Vol. vii, No. 37.
1779.—lVovember 12. Scotch Plains.—Begging him to confirm the
appointments of Lieut. Blair and Lieut. Appleton, and if a
wagonmaster be appointed to the brigade, to give the place to
Sergt. Landers. Vol. 1,:No.(72:
1779.—December 24. Mendum.—Refusing to give up his rightful
quarters to Col. Butler and Maj. Church, whose conduct has.
been so void of complaisance both to himself and to his Bri-
gade Quartermaster. Vol. a, -No: 73:

MEADE, Cot. RicHarpD K. (A. D. C. to Gen. Washington):

1779.— October 17. Headguarters.—Delay in the express riders
from Philadelphia, and especially in the one who came the
night before, induces the General to request that he be called
to account. Desires riders to be stationed between these
quarters and Philadelphia, to be continued while a prospect of
corresponding with the Count remains. Vol. i, No. 92.

1779.—October 28. Headquarters.—His Excellency desires Gen.
Greene to accommodate Gen. Schuyler with two good horses.

Vol. viii, No. 67.
MELCHER, ISAAC:

1779.—/anuary 25. Philadelphia.—Enclosing orders received from
the Board of War as well as instructions given by him to those
employed in his department. Repeats, to prevent future mis-
understandings, his duties as Barrackmaster-General. Thinks
the strictest harmony ought to exist between Gen. Greene’s
department and his own. Vol: i, No, 93.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 215

MENZIES, THOMAS:

1779.—/anuary 16. Fredericksburg.—Setting forth the amount of
fencing, rails and green timber destroyed on his farm by Gen.
Wayne’s division, Col. Clark’s and Nixon’s brigades. Sends
the appraisement by the bearer, not doubting that the General
will think it just to pay it. Vol. i, No. 95.

MILLER and Tracy:

1779.—february 6. Loston.—Acknowledging favor of 28th ult.
Mr. Otis endeavoring to procure the vessels required. If he
should fail, they stand ready to make up the deficiency.
Vol. viii, No. 68.
MITCHELL, JoHN (Col.):
1779.—february 17. Philadelphia.—Acknowledging his favors of
i5th inst. Assuring him of the pleasure he and Mrs. Mitchell
had in contributing in any way to his and Mrs. Greene’s
amusement while in Philadelphia. Sorry not to be at camp at
the exhibition ; impossible to be absent from his office.
Vol. iv, No. 69.
1779.—May 6. Philadelphia.—Acknowledging favor of 2d inst.
Business of making and forwarding tents. Making every ex-
ertion to procure wagoners. Vol. vii, No. 36.
1779.—May 9. LPhiladelphia.—Acknowledging favor of 7th inst.
If possible to procure the linen, will send it off to Col. Hooper.
Will attend to other orders also. Vol. vii, No. 51.
1779.—May ro. Philadelphia.—Detailing the articles sent to Cols.
Maxwell, Hooper and Spencer. Number of teams he will be
able to send. Wishes to know destination of Capt. Sadler’s
company of artificers. Vol. vii, No. 52.
1779.—May 14. Philadelphia.—Enclosing copy of letter from Gov.
Johnson, of Maryland. Thinks it unlikely that the enemy in-
tend to come into the bay. Articles sent to Col. Hooper.
Vol. vii, No. 96.

1779.—May 15. Philadelphia.—Acknowledging favor of 12th inst.
Work of making tents going forward briskly. Board decided
the matter of the linen in faver of the agent clothier. Number
of articles on hand and those forwarded. Question of pack-
saddles. Extremely difficult to get wagoners. No doubt ene-
my’s fleet has gone to the southward. Wages of expresses.
Their hard duties. Vol. vii, No. 99.

216 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

MITCHELL, JOHN (Col.) (continued) :

1779.—May 16. Philadelphia.—Enclosing copy of a letter received
from Col. Davis from Carlisle, concerning pack-saddles. Not
one of the wagons engaged by Mr. Patton to convey stores to
Easterton has yet come. His Excellency’s wagons will set out
for camp on Tuesday. Voll y,;.Nows.

1779.—May 19. Philadelphia.—Enclosing copy of Mr. Wade’s

letter to him. Lieut.-Col. Wallace goes off before night with

1000 stand of arms to Virginia, by sea, if safe; if not, by land.
Wolzw. No. i32-

1779.—May 23. Philadelphia.—Acknowledging favor of 19th
inst. Concerning the construction and destination of the pack-
saddles. Col. Clayborne’s habit of finding fault with every-
thing. Every exertion being made to complete tents. Price
of duck enormous. ‘Terrible depreciation of money. Will ap-
ply to Board of War for necessary articles of clothing, though
he believes it to be in vain. Trouble of procuring carters.
Small matters of wages, saddle, carriage, etc. Enemy have
burned Portsmouth and it is believed Suffolk and Hampton ;
they mean to destroy Annapolis and Baltimore, if possible.
List enclosed of articles wanted immediately to enable them
to take the field. Vol. v, No. 66.

1779.—October 10. Philadelphia.—No further verified accounts of
Count d’Estaing and his fleet, but report says that he has
effectually done the business at Georgia. Number of tents
ready to send on; unable to keep workmen supplied with
canvas, which is extravagantly dear, £220 per bolt. Enclos-
ing returns for September. People employed cannot live on
their pay. ‘The assistants complain that they are not put ona
footing with Col. Flour’s men and officers, who are allowed
clothing; cannot purchase clothing out of their pay. Blankets
cannot be got. Proper to have a person at North Wales or
near it; compliment of naming the man will be paid to the
President, who is much indisposed from fatigue of body and
mind, due to the unfortunate disputes in Philadelphia.
Vol. iii, No. 85.
1779.—November 14. Philadelphia —Enclosing returns. Number
of tents sent on and those at hand. Concerning the purchase
of blankets and other articles. Disagreeable and distressing

1900.] CALENDAR OF THE GREENE CORRESPONDENCE, 21F

MITCHELL, JOHN (Col.) (continued) :

situation he is in for lack of money. The credit and reputation
of the department at stake ; if their credit is once lost, no
more business can be done. Will make every exertion in his
power, and will cheerfully take his full burden of duties in the
service of his country. Vol: ix,:Noz 70:
1779.—LVovember 22. Philadelphia.—The bearer is Capt. Pendle-
ton, who has been sick; has been obliged to advance him a
considerable sum. Doubtful how long the preparations for the
ensuing campaign can continue without a supply of money.
The forwarding of stores. Wages of express-riders, artificers,
etc., inadequate; this matter has been laid before Congress.
Disposition of Capt. Sadler’s company. Has sent Mrs. Greene
one loaf fine sugar and two pounds green tea. Asking him to
include certain others in the resolve of Congress respecting
the artificers. Vol. ix, No. 80.

1779.—lVovember 27. Philadelphia—Concerning certain small
debts. Hopes the intended regulations of Congress will be
honorable for the department and advantageous for the public.
As for himself, will freely serve his country without fee or re-
ward except his expenses. Account of an engagement in the
English Channel between the combined fleets and the British,
in which the latter lost five ships. . Volvix, Nox $x.

1779.—Vovember 28.—Further intelligence of the engagement in
the Channel not so clear; no more than a probability that it
took place. Vol. ix, No. 82.

1780.— January 14. Philadelphia.—Acknowledging favor of roth
inst. Expected to set out that morning, but his negro man
let a log of wood fall on his leg, bruising and cutting it; will
therefore reach Gen. Greene Sunday evening or Monday morn-
ing. Virginia troops marched on the 13th. Owing to depth
of snow, many of the horses have given up; some must be
purchased, but where to get the money? Great need of cash.

Vol. i, No. 98.

1780.—February 17. Philadelphia. — Acknowledging Gen.
Greene’s most polite and friendly reception of him during
his stay at his house. Sends him by bearer the returns for
December and January and the certificates for the Eastern
deputies. Congratulating him and Mrs. Greene on the birth

218 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

MITCHELL, JOHN (Col.) (continued ) :
of a child. Merchants will not sell sail-duck of any kind
unless for ready money. Want of cash a terrible obstacle.
Great depreciation of money. Begs his advice and assistance.
Sends him pair of gloves; if he could have gotten new ones
would have sent them. Hoped Mrs. Greene liked the tea cups.
Vol. i, No. 99.

Morcan, GEORGE (Col.):

1779.—May 2. Princeton.—Sent Capt. Clinton $3000 to com-
plete the work of opening the road from Turkeyfoot to Fort
Pitt. Asks him to transmit an order for the sum expended.
In spite of delays of the Treasury, has made an ample provi-
sion in the commissary department. The principal Delaware
chiefs on their way to Philadelphia; has directed them to
proceed at once to headquarters, that His Excellency may be
informed of their disposition and intentions; will detain
them a day or two to repose themselves, and will write down
everything they have to communicate, in order to save His
Excellency trouble; wishes they could be paid some compli-
ment on their approach to headquarters. Vol. vii, No. 20.

MorGAan, JACOB:

1779.—May 7. Reading.— Acknowledging favor of 3oth ult. In
hopes of getting a number of wagoners. At a loss what to do
for forage; has just offered $20.00 a bushel. Question of hir-
ing laborers as drivers. Vol. vii, No. 44.

1779.—May 7. Reading.—Same as letter No. 44 in Vol. vii, with
the exception of a postscript relative to the return of stores
for the month of March. Vol. vil, No. 45.

1779.—May 28. Reading.—Account of horses and teams furnished
to Col. Cox and those ready to start. Stores to be sent.

Vol. v, No. 87.
1779.—May 29. Reading.—Report of the wagons and horses in
his brigade. Vol: v;..No: 93:

1779.—October 9. Reading.—Sends by bearer eleven good teams,
laden with fifty-five barrels of flour. Impossible to enlist cart-
ers except by the day, at ¢10.00 per day. Wagons Col. Cox
ordered almost ready. Axes and camp kettles on hand.
Vol. i, No. 102.

1900. ] CALENDAR OF THE GREENE CORRESPONDENCE. 219

MorGan, JACOB (continued ) :

1780.—/January 29. Reading.—Being a calculation of debts due
on account of the quartermaster and forage departments, but
not absolutely exact, as there are some accounts against the
department not yet found. Vol. i, No. 104.

1780.—February 4. Reading. —Acknowledging favor of the 19th
and observing by it that accounts of outstanding debts are to
be rendered by March 1. Will do his best, but owing to the
snow thinks it unlikely he can collect the whole by that time.

Vol. 1, No! rez:

Morcan, JOHN ( Dr.):

1780.—/January 30. Philadelphia.—Asking his assistance in pro-
curing him quarters for attending the court-martial at Dr.
Shippen’s approaching trial. Presumes to trouble Gen. Greene
with this application on account of politeness shown him by
the General when last in camp. Vol. i, No. ror.
Morris, GOUVERNEUR:

1779.—May 19. Philadelphia.—Asking that, if it is proper and
convenient, his nephew, Lewis Morris, may be taken into Gen.
Greene’s family as a volunteer aide. Vol. v, No. 29.

Moy.Lan, JOHN:
1779.—LVovember 12. Newburgh.—Desiring him to send a receipt,

endorsed, for a hat which will be delivered by bearer.
Vol, 1, No. 105.

MoyLan, STEPHEN (Lieut.-Col.):

1779.—LVovember 5. North Castle.—If Mr. Bennett, bearer of
this, fails to get money from Col. Bostick to pay for the forage
for the Light Dragoons, he begs Gen. Greene to supply him
with $20,000, as his honor is engaged that the inhabitants
shall be duly paid for their forage. Vol. i, No. 106.

MUHLENBERG, PETER (Gen.):
1779.—May zz.—Asking that the bearer, James Dunn, a rope-
maker, may be given work in Gen. Greene’s department.

Vol. vil, No. 67.
MurrreEE, Harpy (Maj.) :

1779.—Lebruary 27. Paramus.—Asking permission to purchase a
horse belonging to the public. Vol. 1, Nos mrs:

220 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

Murray, JOHN:

1779.—May zr. Boston,—Begging him to forward to Capt.
Sargent certain letters from his family. Hopes to see him
before summer is over. Vole vii Nov 75.

OLNEY, GEORGE:

1779.—/anuary 2. Providence.—Stating the salary which he will
accept as Auditor of Accounts, to live in Gen. Greene’s family
and have equal privileges with the other officers in the depart-
ment. Volo; No. 113,

1779.—May 312. Providence.—Made application to Col. Angell to
obtain permission for Capt. Littlefield to go and live with
Gen. Greene during the present campaign. Account of his
journey after leaving camp and his meeting with Mrs. Olney.
Report that a French fleet will arrive in three weeks. Another
expedition in preparation against Rhode Island.

Vol. vi, No. 19.

Otis, SAMUEL A. :

1779.—/January ro. Loston.—informing him of the death of his
friend and partner, Mr. Andrews, who was shot by the acci-
dental discharge of a pistol. Loss to the community. Will
execute the business now devolving upon him in the best man-
ner possible. Volia; No. 08:
Copy of above letter. Vol. ix, No. 85.

1779.—/anuary 14. Boston.—Acknowledging favor of 2oth ult.
Concerning the purchase of duck and other articles. Every-
thing intolerably dear and also upon the rise. Makes certain
suggestions for procuring supplies. Vol. ix, No. 85a.

1779.—/January 18. Boston —Has taken upon himself to execute
the orders contained in Gen. Greene’s letter of the 5th to his
deceased friend. Can procure no vessels upon the terms
offered by Congress. Mr. Lewis presses hard for a supply of
money. Vol. vii, No? 75:

1779.—February 3. Loston.—Impossible to get the rice freighted
unless Gen. Greene will give one-half or one-third and insure.
Has made considerable purchases, in which he must have im-
mediate monetary assistance. Vol. ix, No. 86.

1779.-—February 6. Boston.—Setting forth what he has done as
regards procuring vessels. Credit and cash both gone at

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 221

Oris, SAMUEL A. (continued) :

present. Owners of vessels not opulent, so that cash must be
advanced to get them to sea; also to get a supply of duck.
Sends two silver cups by bearer, which Mr. Andrews bespoke
before his death. Has lost within a few weeks his father,
friend and wife. Advises putting a few stores on each vessel.
Vol. iv, No. 74.

1779.—&ebruary zo. Boston.—Acknowledging receipt of $44,000
by Adams. Names of vessels, time of sailing and terms on
which they are hired. Loss of money if they are detained.
Vol. iv,..No-. 73.

1779.—february 1z. LBoston.—Exact copy of preceding letter.
Vol. iv, No. 72.

1779.—Lebruary rz. Boston.—Question of insuring the vessels
hired. Marine Board has given Major Chase all the duck they
can spare upon his application in Gen. Greene’s name, leav-
ing none for him [Otis]. Enclosing list of vessels.
Vol: iv, No: 71:

1779.—May 17. Boston.—Announcing the arrival of various ves-

sels with rice. Continued demands on him will render his

situation very uncomfortable without Gen. Greene’s attention.
Vol. v, No. 4.

1779.—May r7.—Announcing arrival of the brigantine Laurana
with supply of rice. Mr. Livingston drawing upon him for
certain expenses. [On back of MSS.] A bill of Otis &
Henley’s. Vol. v, No. 5.

1779.—May 21. Boston.—Sending him two of the best pipes of
wine he could meet with; the article scarce and dear.

Postscrift-—Stating the estimate relative to the rice. Wishes
the escorts might be enjoined secrecy ; every sum brought for-
ward is magnified to millions. A fine prize brought in of 150
pipes of wine. Vol. v, No. 53.

1779.—May 22. Boston.—Capt. Collier’s arrival with about 200
casks of rice, having encountered no setbacks. Will en-
deavor to negotiate some bills, but hopes that will not prevent
his sending some cash. Mr. Livingston had no reason to com-
plain ; he had letters of advice sufficient to point out his duty,

222 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

Otis, SAMUEL A. (continued ):

namely, to load the vessels with rice. Will exhibit his con-
tracts to Gen. Greene and to Mr. Livingston if required.
Vol. v, No. 58.
Otis & HENLEY:
1779.—May ro. Boston.—Enclosing copy of protest of the cap-
tain of the Friendship, which was taken up as a transport for
rice and sustained certain damages. The Friendship apprized
by indifferent men at £4500. Vol. vii, No. 64.
A statement by Robert Craige, captain of the Friendship, sworn
to before a Notary Public, protesting against the seizure and
loss of his vessel by the ship Unicorn. Vol. vii, No. 64a.

1779.—May 12. Soston.—Announcing the arrival of Capt.
Bunker in port with 358 casks of rice. Six vessels laden like-
wise, sailed with him, some of which may be hourly expected.
Asks for his immediate support to pay the freight. Having no
orders for the disposition of the rice, delivered the cargo to
the issuing commissary. Vol. vii, No. 79.

1779.—May 13. Soston.—Iinforming him that certain casks were
sent to Morgan Lewis by mistake instead of to Fishkill ;
therefore Col. Lewis must be held accountable.
Vol. vii, No. 92.
1779.—May 37. Boston.—Fifteen marquees ordered are in hand.
Encloses return of their doings for month of May.
Vol. vi, No. 21.
1779.—October 2. Boston.—Question of purchasing duck for
tents; very scarce and very dear. Recommends an applica-
tion to the Commercial Committee. Vol. ili, No. 86.

1779.—October 9. Boston.—Assuring him that:his requisition for
tents and oakum shall be complied with as fast as possible
Congratulating him on Count d’Estaing’s arrival.
Vol. iii, No. 93.
1779.—October rz. Boston.—Presenting certain bills for payment,
the sum being $100,000. Hopes this will not retard the sup-
ply of cash promised by escort. Vol. 3, No; 109:
1779.—October 13. Boston.—Number of blankets and tents pur-
chased. Could buy to more advantage had they earlier notice
and, above all, a little cash. Vol. i, No: 707;

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 293

Otis & HENLEY (continued):

1779.—October 27. Boston.—Acknowledging favor of 21st inst.
Number of tents ready. Numerous creditors prevent further
purchase. An order upon Nathaniel Appleton, Esq., might
help the service. Vol. viii, No. 76.

1779.—October 28. Boston.—Enclosing invoice of twelve hogs-
heads of tents and three casks of nails, to be forwarded imme-

diately. Vol. viii, No. 79.
1779.—LVovember 2. Boston.—Enclosing Mr. Livingston’s ac-
count. Voliix,, No: 80;

1779.—LVovember 12. Boston.—Has sent to Col. Smith at Spring-
field, to be forwarded to Gen. Greene, thirteen hogsheads of
tents and two hogsheads of woolens. Vol. viii, No. 80.

1779.—LlVovember rg. Boston.—Acknowledging cash. Necessity
of procuring materials for tents. Hon. Messrs. Adams and

Dana sail that morning for France. Vol. viii, No. 8r.
1779.—LVovember 17. Boston.—Announcing the dispatch by Mr.

King of casks of tents, etc. Vol. ix, No. go.
1779.—December 3. Loston.—Enclosing invoice of tents and

clothing, etc. Vol. i, No. 116.

1779.—December 14. Boston.—Sorry every letter groans for re-
mittance, but it can’t be helped. Question of tents. Requi-
sition from His Excellency for 1000 to 1500 tents; order
confused with his [Gen. Greene’s], but no harm done.
Vol. ili, No. 95.
1780.—Ffebruary 19. Boston.—Has forwarded to Col. Smith two
hogsheads of markees ; encloses invoice. Vol. i, No. 115.
PAINE, NATHANIEL:

1780.—february 8. Boston.—Announcing a number of articles
sent forward. Molzt, No. 114:
PAINE, THOMAS:
1779.—/anuary 31.—Has stayed at home to avoid being asked
questions, but hearing of Gen. Greene’s expected departure,
must break his reserve by calling upon him that very day.
Vol. ii, No. g.
PAINTER, GAMALIEL :
1779.—LVovember 15. Fishkill.—Asking that the bearer, Mr. Ezra
Benedict, sergeant in his company of artificers, may get his
PROC. AMER. PHILOS. SOC, XXXIX. 162.0. PRINTED JUNE 12, 1900.

224 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

PAINTER, GAMALIEL (continued ) :

discharge. Induced by the circumstances of his family to
endorse his request. Vol. ix, No. 94.
PALFREY, WILLIAM:

1779.—/anuary r4.—Apologizing for not writing sooner as he has

been with his family in the country. Report which prevailed
in Boston that Gen. Greene had been kidnapped by the
Tories and carried prisoner to New York. Has just spent a
fortnight with Gen. Hancock, who is sufficiently recovered
from his attack of gout to attend the Assembly. Coolness be-
tween him and Gen. Gates ; neither they nor their ladies visit.
Gen. .Gates’ family involved in quarrels ever since their
arrival. Mr. Bob Gates and Mr. Carter fought, but it was a
bloodless encounter. Marquis on board the Advance in
Nantasket Road, waiting fora wind. Necessaries of life risen
to a terrible pitch. Wishes a ‘‘Locke’’ or ‘‘ Colbert”
might start up and teach the art of finance. Intends to resign
his commission, his family being large, his children young and
needing his support. Speaks of the accidental shooting of
Mr. Andrews. If necessary to appoint some other person as his
agent in Boston, begs leave to offer his services. Remem-
brances to friends. Sends for his amusement the current
prices of sundry articles in Boston. Vol} ai, No. 12:
Parsons, SAMUEL H.:
1779.—May 23. Reading.—His brigade ready to march if only
they can be supplied with tents and portmanteaus. Enemy’s
position somewhat altered ; their forces chiefly posted at Kings-
bridge, Horn’s Hook and near Hallet’s Cove, on Long Island ;
position of their boats. Asks if the late embarkation from
New York is not designed for Virginia. Desires to know the
situation of Burgoyne’s trocps. Vol. v, No. 67.

1779.—May 24. Reading.—His brigade totally without portman-
teaus or tents. Begs they may be supplied at once. Number
of wagons needed. Volvvi? No.3.
PATERSON, JOHN:

1779.—Vovember 15.—Well acquainted with the circumstances of
Mr. Benedict’s family and therefore recommends his dis-
charge, if it can be done without damage to the public.

[ Written on back of letter No. 94, Vol. ix.]
Vol. ix, No 94a.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 225

PATTERSON, W.:

1779.—February 14. Cumberland County.—Acknowledging his
favor per express that morning and will begin his journey the
next day. His ill state of body will not admit much speed.
Vol. iv, No. 88.
1779.—May 29. Philadelphia.—Disposition made of saddle,
bridle and horse. Asking that he may be allowed to keep two
suits of Indian clothes for family use. Leaves it to Gen.
Greene to settle what his services have been worth.
Vol. v, No. 96.
PATTON, RosBertT (Col.):
1779.—May 7. Lebanon.—Concerning the stores to be forwarded
up the Susquehanna. In a few days will send fifty teams to
Philadelphia. Vol. vii, No. 55.
1779.—May zo. aston.—Acknowledging favor of 5th inst.
Conductors and teamsters cannot be had under the price
mentioned. Everything shall be done to Gen. Sullivan’s
satisfaction. Has good prospects of securing horses for Mrs.
Greene and has actually secured for her thirty 1b. butter.
Vol. vii, No. 56.
1780.—January 79. Lebanon.—Acknowledging favor of 2d inst.
Encloses an order from Col. John Cox for sundries. If he
has to procure horses will need at least £600,000. Question of
returns. Has sent twenty-four horses out of his own teams to
Col. Neville who was much distressed for them ; needs cash at
once to replace them. Vol. mi, No. 1.

1780.—February 14. Lebanon.—Acknowledging favor of 25th
ult. and circular letter of 19th ult. According to request has
sent his estimates of the cash he wants now and in the future.
Has been obliged for some time to risk his credit by supplying
the Virginia troops with horses on their way south, and unless
soon supplied with cash his credit will fall to the ground.
Vol. ii, No. 6.
1780.—February 27. Lebanon.—Enclosing one of a book of certifi-
cates; has settled with the greater part of his workmen.
What records he makes when he gives a certificate. Books
will be ready for settlement by the roth of March. Impossi-
ble for him to set out for Philadelphia without cash; prays
him to write Col. Pettit to send some. Vol. ii, Nos. 4, 5.

226 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

PETERS, RICHARD:

1779.—/January rz. War Office—The opinion of the Board is
that the Deputy Quartermaster-General of the department
should reside at or near the barracks built for the troops of
the Convention in Albemarle county, Va. Has informed the
Barrackmaster-General that Gen. Greene’s deputy will provide
fuel and the commissary candles for the Convention troops.
Vol. ii, No. 8.
1779.—October 21. War Office.—Acknowledging favor of roth
inst. and the returns accompanying it. Asking to be kept more
fully informed as to the stores received and issued by the
Forage department. Vol. ii, No. 7.
PETTIT, CHARLES (Col.):

1779.—February ro. Philadelphia.—Busy planning a route for
the march of Pulaski’s Legion from Philadelphia to Georgia.
Constant calls on him for money, and nota shilling from the
Treasury. Major Eyre has just called on him concerning the
matter of taking charge of public ferries. Enclosing letter
from Col. Hooper with an avowal in it of having paid #5 a
day for teams. Necessity alone can justify such an extravagant
advance. February rz.—Has written directing Mr. Hol-
lingsworth to erect stores at the Head of Elk on the most
economical plan. Wishing him to mention the particular
sums he desires sent to Boston. Compliments to Mrs. Greene
and Mrs. Washington. Vol. iv, No. 83.

1779.—February 15. Philadelphia.—Acknowledging his favor of
the 12th inst. Has at length obtained a warrant for $1,500,-
000, but it is as yet intangible. Promises to send some when
it materializes. Question of accounts. Asking him to state
in writing the several matters the Board of War promised to
report to Congress, that he may jog their memory. Necessity
of aseparate quartermaster for Gen. Pulaski. Secret intelli-
gence of great importance received by Congress; many
conjectures as to its nature; good effect on commerce. En-
closing letter of Mr. Hubbard. Questions the propriety of
sending vessels to South Carolina. Received returns from
Fishkill. Vol. iv, No. 82.

1779.—Lebruary 21. Philadelphia.—Surrounded by demands for
money, but will send Gen. Greene £77,000, also sums to Mr.

1900.]

CALENDAR OF THE GREENE CORRESPONDENCE. 227

PETTIT, CHARLES (Col.) (continued ) :

Otis and Mr. Greene. Count Pulaski in town, waiting to
settle his accounts ; concluded to send the legion by way of
Winchester. Question of procuring sail-duck, also pack-
saddles. Enclosing rough drafts of several important matters.
Relates the history of his late correspondence with Mr.
Secretary Matlack over a matter of certificates and how he
[Pettit] lost his temper. Mr. Calhoun’s demand for money.
Ill treatment of prisoners at Charlotteville. It being Sunday
has leisure to write all this. Vol. iv, No. 75.

1779.—february 22. Philadelphia.—Enclosing a letter from Mr.

Ross to Col. Cox. Arrival of Capt. Cunningham in 14 days
from Martinique. Count d’Estaing lies in Port Royal, the
British fleet being at present superior; but he expects further
reinforcements. Vol. iv, No 76.

1779.—February 25. Philadelphia.—Concerning a visit he paid

the Council at their earnest solicitation. Proposed charges
against Gen. Arnold. Unfavorable attitude of the Council
toward Mr. Mitchell; their expressions plainly indicated a
prosecution. Later Mr. Mitchell received letter from the
Council, notifying him that they intended to proceed against
him on the resolution of Congress of February 9g, 1778 (see
Vol. x, No. 54), unless he should forthwith show cause to the
contrary. Advice he gave Mr. Mitchell. Thinks Mr. M.’s
conduct has been indiscreet but nothing more. The whole
affair of a delicate and embarrassing nature.
Wolzx,)(No:2.

1779.—February 26. Philadelphia,—Has forwarded to Col. Cox

all the returns of a late date. Numerous duties which fall to
him. Must obtain some assistance. Difficulties in obtaining
sums of money from the Treasury. His ideas about collecting
and sending in the vouchers. Johnson Smith’s accounts. Mr.
Mitchell’s affair. An estimate of the expenses of the Quarter-
master’s department for an army of 6000 men for one year.
February 27.—Just heard from Col. Cox of the enemy’s being
out ; next account will be of their going in and then an
embarkation. Must put off his trip to Trenton, as in the
present crisis of affairs he is afraid to be a day absent.
Vol, 11,. No. 753:

228 CALENDAR OF THE GREENE CORRESPONDENCE, [April &

PETTIT, CHARLES (Col.) (continued ):

1779.—February 26. Philadelphia.—Mr. Mitchell’s difficulty with
the Council about certain negotiations with Gen. Arnold. Mr.
Mitchell’s efforts to extricate himself only seem to plunge him
into deeper distress ; has begged him [ Pettit] to soften his case
before the Council. Wrote a private letter to the President on
the subject, setting forth his belief that Mr. Mitchell may have
been indiscreet but never fraudulent; the President’s answer
expressed a different opinion of his conduct. No hope, there-
fore, in that direction. February 27.—Mr. Mitchell has just
left after expressing concern that the Council should suspect
him of want of candor and offering to make an explicit decla-
ration of the facts. Has just written a letter to the President
in which he conveyed this declaration to the Council.

Vol. , No. 145

1779.—May 5. Philadelphia.—Showing the various dispositions
made of a million dollars suddenly received. Other clamorous
calls for money. Business of detention of vessels in South Car-
olina. Plans for the erection of stores at the Head of Elk.
Suggests advisability of waiting before taking the Forage de-
partment out of Mr. Hollingsworth’s hands. Monstrous prices
paid by Mr. Ross for teams and his reported incapacity. Small
money matters. Vol. vii, No. 34.

1779-—May 7. Philadelphia.—Cannot obtain cash as fast as it is
needed. Has applied to the Board for five millions more, but
has received noanswer. Measures of Congress to restore credit
of money so far ineffectual and likely never to succeed. Char-
acter of Mr. Steel; his fitness for his position. Dined with
His Excellency the Minister of France at Col. Cox’s. In
consequence of Mr. Erskine’s letter has purchased a reflecting
telescope, which will forward immediately. The department
injured by conduct of certain officers in Lancaster and Dela-
ware. Fears concerning Col. Patton’s character; for further
information refers Gen. Greene to Gen. Smallwood’s chaplain,
Mr. Montgomery. Vol. vii, No. 43.

1779.—May 11. Philadelphia.—Col. Steel in town with his ac-
counts; will examine them in a day or two; at a loss how to
break to him Gen. Greene’s wish of dropping him; he is
pressing for a sum of money to send to Fort Pitt. Will give

1900. ] CALENDAR OF THE GREENE CORRESPONDENCE. 229

PETTIT, CHARLES (Col.) (continued) : .

Col. Hooper’s demands the preference to all others, but when
is uncertain, owing to depleted state of his coffers. Delay in
getting the five millions he applied for. The Board ot War in
high dudgeon with Col. Wadsworth owing to a letter just re-
ceived from him respecting the Commissary department, con-
taining sentiments a benevolent mind would not harbor re-
specting any but a set of villains. Plans of Congress for the
restoration of money. Settlement of his accounts.
Vol. vii, No. 67.

1779.—May 73. Philadelphia—Summoned by Board of War and
witnessed an altercation between Mr. Caldwell and Mr. Mitch-
ell over a parcel of Brabant linen to which they both laid claim.
The Board then asked in what manner and under what escorts
the stores were to be forwarded from Estherton. Negotiations
with the Treasury. Number of messengers waiting for money.
Treasurer harassed and soured. Distressed for want of proper
assistance in the matter of accounts. Wishes Col. Blodgett
might be spared to him. Murmurs against Mr. Ross and Col.
Patterson, both appointed by Col. Cox. Vol. vii, No. go.

1779.—May 19. Phitadelphia.—Enclosing a copy of Col. Hol-
lingsworth’s letter announcing the appearance of the enemy in
the bay, the landing of three or four thousand men at Ports-
mouth on their march to Williamsburg, and fourteen sail lying
under New Point Comfort. Explains awaya certain phrase in
his letter which Gen. Greene took offense at. Desires Mrs.
Greene’s instructions as to the locket. Hopes of getting
money from the Treasury. Wol:. vw; No. 20.

1779.—May 27. Philadelphia.—Acknowledging favor of roth inst.
Misunderstanding about the application to the Council for
wagons. The Council as susceptible of injury as a gouty foot.
Scheme he entertains of reducing the number of Deputies in
Pennsylvania; advantages of this arrangement. Amount of
money he is disbursing. Enclosing Capt. Rice’s letter; also
a copy of one from Col. Finney, announcing the cutting off of
thirty of the enemy on an excursion. Hints at two interesting
anecdotes which he would tell if he had the time

Vol. v, No. 44.

280 OALHNDAR OF THK GREMNE CORRESPONDENOK, [April 6,

Perriv, CHar.Es (Col.) (continued ) :

1779.——May 23. Philadelphia,—Copy of return of boats made by
Major Lyre, Recommends letting the boats remain where
they are. Vol. vi, No. 1.

1770.—May 23. Philadelphia.—Acknowledging favor of the 21st
inst. Tas sent for Major lyre to get the necessary information
about the boats. Negotiating with the Council about the au-
thority to call out wagons. ‘The Council's letter to Gen, Sul-
livan concerning M, H., whose business they think has been
designedly neglected. Necessary to have some solid founda-
tion for such an important act as the removal of a public officer.
Referred Col. Mitchell to Gens. Greene and Cox for details
of the business of providing tents. Heavy calls on him for
money; alarmed lest his department should fall into disgrace
for want of it. A printed handbill just distributed threatening
vengeance on monopolizing speculators unless prices are re-
duced to the state of last Christmas, Gathering of a well-regu-
lated mob; militia assembling on the commons. Depreciation
of money; resolution of Congress to raise forty-five millions
more by taxes. Zwesday,—Inhabitants to hold meeting at
the State House at 4 o'clock to discuss present situation,

Vol. v, No. 61.

1779.—May 27. Philadelphia,—Acknowledging favor of 25th inst.
Question of transporting the stores. Boats will be all in order
by the following week, Supply of tents, Distressed for money.
Private conference with Governor Reed, Well-drawn petition,
signed by a great number of citizens, with the Governor at the
head, has been presented to Congress on the subject of money.
Immediate attention paid to it. Vol. v, No. 84.

1779.—October 15. Philadelphia,—Account of an interview he
had with the Board of Congress, during which he laid before
them the situation of the Quartermaster’s department and the
probable consequences if they were not supplied with money,
After much discussion, procured a warrant on the Loan Office
for two millions, and one on the Loan Othce in New Jersey for
700,000 to help Mr, lurman, Col, Mitehell’s application for
teams to the Couneil, Sends, by Mr, Irame, $171,000 for
him, and the like sum for Col, Hay, Vol, iii, No. 97.

1900. ] CALENDAR OF THE GREENK CORRESPONDENCKH, 281

Perrir, Cuarues (Col,) (continued ) :

1779.—October 16. Philadelphia.—Has sent $171,000 for Gen.
Greene, and a like sum for Col. Hay—all he can muster at
present. Mr. Hubbard and Mr. Lewis will probably be relieved
by the warrant on the Loan Office. Vol. iii, No. 96.

1779.—Oclober 22. Philade/phia.—Difficulties as to money still
continue. Concerning the locket for Mrs. Mitchell. What
has become of Count d’lstaing? Never sanguine about his
expedition against New York; thinks the first news of him will
come from West Indies. Militia preparing to start at the
earliest notice of his approach, with the President of the State
at their head, Vol. viii, No. 84.

1779:—Oclober 27. Philadelphia.—Was heard by this time that
Count d’Estaing was unexpectedly detained in Georgia ; im-
agines it is too late for any operations against New York that
season. Wages of ship carpenters. Left Col. Cox at Tren-
ton. Demands increase faster than the supply of money.
Vol. vili, Nu. 85.

1779.—October 30. Philadelphia. — Has paid Messrs, Otis &
Henley’s draft; money just dribbles in from ‘Treasury. Sends
him by a kind of stealth $228,000, Other demands on him.
Has asked Board of War for an immediate advance of $3,000,-
ooo; need of constant applications. Rumor of a battle in the
British Channel. Admiral Gambin in the Arden sunk with
colors flying ; rest of British fleet scattered and taking shelter
in different ports. Another reported rich prize sent in by Capt.
Geddis. Nothing further heard of Count d’Hstaing.

Vol. viii, No. 86.

1779.—Vovember 5. Philadelphia.—No result of his application
to the ‘Treasury Board. Congress at present weak, Sketches
the present situation of the department. Criticises the methods
of the Treasury Board, Movember 9.—Was been busy finding
a house. ‘Treasury Board has promised to report a warrant for
five millions ; in the meantime numerous calls upon him must
remain unanswered, His opinion respecting salary of officers.
Advises Gen. Greene to write Congress on the subject of
money, but recommends his adopting a moderate tone. Mr,
Hewes’ ill health, Vol. ix, No. 96.

232 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6

PETTIT, CHARLES (Col.) (continued ):

1779.—LVovember 19. Philadelphia.—Busy moving in town. Ex-
act situation of his house at Fourth and Market streets.
Encloses a number of papers. Is as poor as Job. Delays
incident to electing a new Treasury Board; thinks the two
men chosen thus far a strange selection. Mr. Furman’s de-
mand for Sussex County if Col. Hooper leaves the department ;
his reasons for wanting it. Congress brooding over a regu-
lating scheme to anticipate the proposed convention of North-
ern and Middle States. Vol. ix, No. 99.

1779.—LVovember 23. Philadelphia.—In an awkward situation as
to moving and in a wretched state as to money. Steps taken
by him to obtain cash. Would tell him secrets about the
French fleet and also a new scheme in Congress to raise
money, if Gen. Greene ever told him a word of the movings
and shiftings of the army. Vol. tx, No:ro3:

1779.—lVovember 28. Philadelphia.—Have taken possession of
their new habitation. Hopes of a sum of money from the
Treasurer. Nothing further heard of the troops bound to the
southward. High prices of everything. Schemes of Congress
concerning the staff. Valuable enclosure for Col. Lewis.
Vol. ix, No. 1o4.
1779.—Vovember 29. Philadelphia.—Highly seasoned letters
from Col. Hay and others, which he has been showing the
Treasury Board. Informing him of the arrival of a small
vessel from the West Indies which will nearly replace their
loss in the brig Gerard. Sends him by Mr. Parsell $200,000 ;
the same sum goes to Col. Hay. Vol. ix, Nosao5:

1779.—December 2. Philadelphia.—Concerning his presentation
on behalf of Gen. Greene of the locket, and Mrs. Mitchell’s
graceful acceptance of it. Question of the tradesman’s bill
and the exorbitant price of gold. State of his feelings toward
the Treasury. Account of terrible arrears in his department
and his numerous appeals, few of which were granted; sus-
pects partiality to other departments. Desires his and Mr.
Weiss’ advice on the best means of preparing an account of
expenditures. Vol. ii, Nok 16:

1779.—December 4. Philadelphia.—Account of a conversation
held with the Treasury Board, in which he set forth in quite a

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. Doe

Perrit, CHARLES (Col.) (continued) :

long speech the need of money and the tardiness with which
it was supplied, especially to his department. Letter of the
Ist inst. from Col. Biddle mentioning the situation of the
army as three miles west of Morris; desires an order on the
Treasury for $500,000 to provide for the cavalry. Resolve of
Congress to draw bills on Europe at six months’ sight for
£200,000 sterling; also to move from Philadelphia the next
spring, but not yet determined whither. Suffering from in-
flammation of one eye, which may prevent his writing.
Volsai, Nos 25:

1779.—December 28. Philadelphia.—Acknowledging letter of 24th
inst. Announcing his appointment as one of the Managers of
the Assembly; does not like to decline as it might knock up
the amusement or bring the Tories into consequence again,
just as they are humbly coming to amusements as visitors on
their good behavior. Col. Mitchell shines in the administra-
tion of the laws of the Assembly. Sends him by Thomas
McDowell, express-rider, $171,000, but warns him that he
will get no more. Obliged to send many messengers away
empty. Two or three new Committees of Congress appointed
respecting supplies ; they are calling for estimates and returns,
scarcely knowing what they ask for, or what to do with the
answers when they get them. ~ Vol. 11, No-. 17:

1780.—/anuary 5. LPhitladelphia,—Want of money. Scheme of
drawing bills turning almost to a bubble. ‘‘ Thus public
affairs are managed!’’ First division of Virginia troops
have marched. Room always ready for Mrs. Greene.
Vol. viii, No. 83.

1780.—/anuary 78. Philadelpria.—Glad to find that each man in
the army can again draw an entire ration per day. Effect on
the arrangements of his department of the late law passed in
Jersey for purchasing. Congress acting as though they wanted
to get him and his agents out of the way, and had not nearly
spirit enough to say so. Reasons against his resigning.
Things in a bad way. Stream of new money dried up. Taxes
inadequate to meet the demands. Domestic loans looked at
askance by the prudent. Volii1, INowmrs:

934 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

PETTIT, CHARLES (Col.) (continued ):

1780.—/anuary 26. Philadelphia.—Difficulty of getting his debts
paid by the Treasury Board. Enclosing resolution of Con-
gress of the zoth; also a letter received that day from Board
of War. Can do nothing without money, which he can-
not get. Congress doing nothing to the point. Surprised at
Col. Mitchell’s delaying so long at camp when his presence is
needed in Philadelphia. Insufficient number of teams employed
in,carrying provisions for him to Trenton; afraid to give other
than general directions, as Col. Mitchell is expected every
day. Vol: i, “No. 10;

1780.—February 26. Philadelphia.—In compliance with his re-
quest, has obtained a special order on the Loan Office for
$250,000, which granted nothing, because it deprived him of
getting the like sum for other purposes. Trouble with the
Treasury Board over orders they gave him, and which now
they decline to be responsible for. High complaints against
Col. Cook; has written him a letter on the subject. Things
going from bad to worse—miserable condition of horses, lack
of money and pressure of creditors, and no disposition on the
part of his superiors to lessen the difficulties. Remarkable
manner in which the public debts are annihilated—on pager.
Vol. ii, No. 20.

PICKERING, TIMOTHY :
1780.—January 26. War Office.—Asking him to look into the
claim of one Jeremiah Clark, and compensate him for the
articles falling within Gen. Greene’s department. Has reason
to think that Mr. Clark and his men deserve a generous re-
ward for bringing off the aforesaid articles.
Vol. ix, No. 106.

1779.—February 2. War Office.—Opinion of the Board that all
clothing in Mr. Otis’ hands should be reserved for the mili-
tary part of the army. Vol. viii, No. 106.

1779.—Lelruary 26. War Office.—Suggesting certain regulations
to be adopted in the case of soldiers discharged from duty as
wagoners, so that they may return at once to their regiments,
and their officers may know what has become of them.
Voliii; Noir

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 235

PIERSE, JOHN, JR.:

1780.—November 9. West Point.—Asking him to give directions
that his office may be supplied with firewood.
Vol. ix, No. 95.
* PLEBIA
Poem by a young lady, signed Plebia, to Gen. Greene, founded
on a quotation of Plato’s, that ‘‘ The general of an army... .
looks upon himself as an executor of Divine justice by war,
but he banishes all private views, false glory, unbridled ambi-
tion, barbarous cruelties and unjust exactions.’’
Vol. x, No. 6a.
Putnam, Isaac (Gen.) :
1779.—May 9. Reading.—Acknowledging favor of 3d ult. Con-
cerning the frequent applications made by owners of land in
the vicinity of the encampment for orders to procure payment
for woods, timber and other articles furnished for the use of
the division. Some general rule must be adopted. Asks Gen.
Greene to suggest some method most conducive to the public
good. Vol. vii, No. 50.

REED, JOSEPH (Pres’t of Pennsylvania) :

1779.—/anuary 28.—Asking that the Quartermaster’s department
will settle John Coryell’s affairs—that is, if he does not refuse
reasonable propositions. Vol>ix;,No: 107-

1779.—/anuary 30. Walnut St—Wishes to know whether he has
given any orders or directions to any officers in his depart-
ment to settle the account, which was lately pending between
Gen. Arnold and certain subjects of Pennsylvania. Some
transactions mentioned as having passed highly injurious to
the interest and honor of the State. iol. iia No.2 2.

1779.—/January 30.—Acknowledging his favor, which he will com-
municate to the Council. Thinks it wiser, if Mr. Mitchell has
anything to say, for him to write it. Council meets that even-
ing, so that if anything is to be offered, the sooner the better.
Vol. 11, No. 23:
1779.—Lebruary rz. Council Chamber, Philadelphia.—In answer
to his letter can only say that Jordan has sworn to the particu-
lars he mentioned. Mr, Mitchell’s representation will have its
due weight, if he thinks proper to make it in writing. Re-

236 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

REED, JOSEPH (Pres’t of Pennsylvania) (continued ):
quests him by the desire of Council to send them an office
transcript of the entry of these wagons into the public service
and their discharge, and also attested copies of the certificates,
Vol. ii, No. 24.
1779.—May 29. Philadelphia.—Indignant at the expression of a
hope in one of Gen, Greene’s letters that the prejudices
against Gen. Sullivan and Col. Hooper will not embarrass the
public service. Declares that ‘‘if the devil had been general
and the next imp in mischief and wickedness his quarter-
master’’ would still have done everything to forward the
service. Introducing Col. Matlack, who attends with the
papers on Gen. Arnold’s trial. Kept from camp owing to
delicacy on account of Arnold’s trial. Vol. v, No. 95.

1779.—fbruary 4. Walnut St-—Their proposition respecting the
bridge at Schuylkill made to Gen. Greene has remained unan-
swered some time. The Assembly having met, they therefore
request an early determination. Vol. viii, No. 87.

Ross, GEORGE:

1779.—May 23. Lancaster.—Acknowledging favor of the roth
inst. Difficulty of engaging carters. Number of teams and
horses on hand. Vol. v, No. 63.

1779-—July 29. Philadelphia.—Acknowledging favor of z2oth inst.
Is sending an account of his issues for a year ending May 1,
1779. Busy making returns of stores on hand and persons em-
ployed. Vol. viii, No. 88.

1779.—December 2. Lancaster.—Enclosing a return of stores on
hand and persons employed up to the rst inst. Desires some
printed blanks for returns. Vol. 11, No.s26)

1780.—february 7. Lancaster.—Badness of roads and hurry of
troops passing through prevented his sending on the returns of
January. ‘The requests in his letters shall be strictly complied
with. Vol. ii, No. 27.

1780.—February 18. Lancaster.—In consequence of repeated di-
rections, has had advertisements struck and distributed through
his district, calling on the people to come in and make settle-
ment. So far only six persons have applied. Some other
expedient might perhaps be better. Vol. ii, No. 25.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. Wot

RussELL, WILLIAM ( Col.) :

1779.—LVovember 8. Camp near Smith’ s.—Just returned from Mor-
ristown, where Col. Abeel has been acquitted of the charge
against him. Advises the publishing of certain letters in order
to do some justice to Col. Abeel’s character. Capt. Young
wishes him to inform Gen. Greene that he has a horse which
he wants to exchange for a Continental mare ; describes them.
Vol. ii, No. 28.
ST. CLAIR, ARTHUR (Gen.):
1780.—February 7. Crane's Mills.—Requesting that a horse may
be sent him, as his own is quite worn out and he has to make
twenty or thirty miles daily. Has neither wax nor wafers to
close his letters. Vol. ii, No. 64.

SANFORD, LEMUEL ( Justice of the Peace), and Five Selectmen
of Reading:

November 1.—Asking that Joseph Griffin, an artificer, may be
discharged, as he has a large family in great need of assistance.
Vols ix; No.:108.
SARGENT, WINTHROP:
1780.—/anuary 20. Gloucester. — Desiring payment for his
schooner, which was taken in April, 1779, on her passage from
South Carolina. She was laden with rice, and was ordered to
Samuel Allen Otis, Esq. Vol. ii, No. 29.

SAYLES, D.: :

1780.—Ffebruary 19. Camp.—Agreeable to the General’s desire,
has sent two orderly books for the use of Gen. Stark’s brigade.
Will report the teamsters to the General as soon as he gets
their names. Volt ai; No: Zo.

SCHUYLER, PETER (Col.):

1779.-—October 8. Albany.—Acknowledging his favor of the 4th
inst. and promising to assist him in procuring boards; has
taken measures which will certainly furnish between 12,000
and 15,000 by the 16th inst. Arrangements made for their
transportation. Hopes to be of the party to New York.

Vol: 11, Nowe:
Scott, Dr.:

1780.—Lebruary 3. Morris.—¥Has found a mare, with the Con-
tinental brand, in the possession of Col. Berry that was stolen
from him three years before. Desires the General’s directions
to Col. Berry on the premises. Vol. ii, No. 34.

238 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

SCULL, P. (Secretary) :

1779.—/anuary 5. War Office.—Has been directed to furnish the
enclosed list of articles which were ordered last April from
France and are expected to arrive before the opening of the
next campaign. Vol. ii, No. 38.

1779:-—January 20. War Ofice.—Begging him to mark out some
system by which Mr. Hiltziemer, the keeper of the public sta-
bles, may know who are and who are not entitled to have their
horses kept at the public expense. Volo a1, Noo:

1779.—May 21. War Office.—Enclosing an order on the assistant
clothier at Fishkill to furnish Gen. Greene’s department.

Vol. v, No. 46.
SHaw, S.:

1779.—February 22. Quarters of the Artillery, Pluckemin.—Con-
cerning a horse left by Col. Harrison in the care of Capt.
Pryor. By order of Gen. Knox, a ration was issued for said
horse up to within a few days past, when the foragemaster re-
fused to issue any more. As the case stands, Capt. Pryor must
either turn the horse adrift or be at very great expense in
keeping him till Col. Harrison’s return. Vol) 11, No 35,

SHEPARD, WILLIAM (Col.):

1778.— October 30. Providence.—Complaining of the conduct of
Mr. Charles Whittelsey, who tried his best to make mischief
in Col. Glover’s brigade and succeeded in almost creating a
mutiny. ‘Thinks Mr. Whittelsey deserves to be turned out of
the service. Vol. ii, No. 43.

SHERIFF, CORNELIUS (Col.):

1779.— October 1. Wyoming.—Just left the army twenty-seven miles
above Tioga healthy and spirited after penetrating the most in-
terior part of the Indian country, destroying their towns and
produce and laying waste the whole of their settlements. De-
scribes the country as the richest and most beautiful in the
world. Desires to go home and see how his affairs are situated.
His pay inadequate to his expenses. Considerable waste of
quartermaster’s stores since the commencement of the expedi-
tion, especially on long and rapid marches. Number of horses
much lessened. Will send returns later. Vol. iii, No. 99.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 239

SHERIFF, CORNELIUS (Col.) (continued ) :

1779.— October 22. LEaston.—Acknowledging his favor of the 14th
inst. Disposition to be made of the boats. Finds it necessary
to go home, but will be at headquarters before the troops reach
there. Vol. ii, No. 42.

[ Note on back of MSS.: ‘‘ Died prior to December 8, 1779.
See Col. Johnson’s letter.’’]

SHERMAN, JOHN:

1780.—/January 7. Camp.—aAsking him to grant Capt. Bull’s re-
quest for a horse, saddle and bridle, as he is directed to take
charge of the men discharged from the rst Connecticut Brigade
to Danbury. Vol. ii, No. 41.

SHREVE, IsRAEL (Col.):

1779.—May 23. Llizabethtown.—Has received tents, but has no
sort of wagon or carriage in case the enemy should move that
way; begs that they may be sent immediately. Expedition
certainly on foot at New York in flatboats, with their main
body somewhere. Lines very weak; only his regiment and
about one hundred militia between Acquacanac and Wood-
bridge. Vol. v, No. 65.

1779.-—May 25. LElizabethtown.—Acknowledging favor of 24th
inst. Will get the tents out of town by night. Will apply
for wagons. Vol. vi, No. ar.

1779.—May 26. Llizabethtown.—Thought best to send the tents
three miles back of the above place. Sends all the intelligence
he could collect. Vol. v, No. 71.

1779.—LVovember 15. Scotch Plains.—Arrived after a long march
in pretty good health and spirits. Enemy quiet at New York.
Admiral Arbuthnot sailed last Friday. Asks that, if possible, his
regiment may occupy Burlington barracks when the army goes
into winter-quarters. His family lives there, and also he could
recruit his regiment there against the opening of the next cam-
paign. Vol. ix, No. 109.

SIcKELs, THomas [for Col. Lewis]:

1779.— October 7. Albany.—Reason for delay in sending returns,
No paper fit for use at Albany; begs for a few reams of good
paper. Vol. iii, No. roo.

PROC. AMER. PHILOS. SOC. XXXIX. 162. P, PRINTED JUNE 20, 1900.

240 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

SICKELS, THomas [for Col. Lewis] (continued ):

1780.—/January rz. Albany.—Promising to send the accounts
ordered for the inspection of the Board of War sometime in
the following month. Represents the small amount of their
pay, the depreciated state of paper currency and the heavy
taxes, and asks to know what subsistence money will be
allowed. Destitute of cash to buy forage, which every day
becomes dearer. Vol. a1, (No. 45:

1780.—/January 15. Albany.—Enclosing return of stores for the
last month. Express that went to Philadelphia for money
returned without any. People grumbling much at being kept
out of their money. Begging him to remind Col. Abeel of
the scales, weights and sheet-iron he gave him a memorandum
of. Vol, ii, No. 46.

SIZER, WILLIAM (Capt.) :

1779.—October 4. West Point.—Asking that Sergeant Pool, bein
79 g § &
a proper boat-builder, may go with him.
bt Vol. 111, (No: tox:

1779-—October 17. Fishkill,—Men under his command building
the boats work from daylight till dark, with only the necessary
time for breakfast or dinner. They have petitioned in conse-
quence for a larger allowance of provisions; suggests a full
ration and a half during this exigency. _—_- Vol. iii, No. 102.

SMALLWOOD, WILLIAM (Gen.) :

1779.—October 7. Camp, Sandy Beach.—Has sent two sergeants,
one corporal and fourteen privates, who say they are ship-
wrights and sailmakers ; asks that they may be returned to the
brigade as soon as their work is performed. In former drafts
has never had the men properly returned. ‘Tried in vain to
get shoes for the men; hopes they can be furnished with
them. Vol. iil, No. 103.

1779.— October 15. Camp, Sandy Beach.—Asking that Mr.
Ramsey and Mr. Morrow, purser and surgeon’s mate under
Capt. Nicholson, may have a light wagon and two horses to
carry themselves, their own and the captain’s baggage to the
Continental frigate Z7wmdu//, the ship being all ready to sail.

Vol. iii, No. 104.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 241

SMALLWOOD, WILLIAM (Gen.) (continued ) :

1779.—December 9. Camp.—Requesting him in the most earnest
manner, to press Col. Sheriff to furnish an account of such
articles as were received by him for the Continent, out of the
prize brig Zymetry and, if possible, to appear in person in
order to facilitate a settlement between the public and the
captors. Vol. ii, No. 48.

1780.—/anuary 26. Annapolis.—By a late act of the Legislature
of Maryland, no person can act in the Quartermaster’, Com-
missary or Forage departments if concerned in trade or traffic
not incidental to the duties of office; this will occasion the
resignation of Mr. Calhoun. Recommends Mr. John Bullen
as his successor. Vol. ii, No. 47.

SMITH, ELIJAH:
1779.—October 4. Glastonbury, Conn.—Asking for payment for a

horse, worth at the time of its impressment £25. Gives all
the details concerning the matter. Vol. iii, No. 105.

SMITH, HUGH:

1779.—Lebruary 25.—The Eastern post not arriving in time, the
Southern rider departed without any mail. Would be exceed-
ingly obliged if the General would give an order for one of his
express-riders to take charge of it to Philadelphia. Cannot
find a man for money. Wolk Noms 2:

SMITH, JOHN W.:

1779.—August z. Smith's Clove.—Stating damages sustained on
his farm during an encampment there of Gen. Sinclair’s
division ; asks to whom he must apply for payment.
Vol. vi, No. r1o.
SMITH, WILLIAM:
1778.—/June 22. Spring field—Acknowledging favor of 12th inst.
Stores sent forward. Quantity of clothing forwarded to Gen.
Knox at Fishkill... Has appointed Mr. Rice, of Brookfield,
foragemaster for that post. Will make scows as soon as possi-
ble; boatmen engaged. The town has great objections to a
Continental ferry. Place chosen for stores.
Vol. x, Nowra
1779.—/anuary 8. Spring field.__Acknowledging letters of 13th
and 14th ult. Forwarded by Mr. Laurence his accounts to

242 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

SMITH, WILLIAM (continued ) :

December 1. Has appointed Mr. Josiah Harvey to furnish
teams for transporting provisions in upper part of the State.
Called upon to send to Albany 1500 barrels of beef and pork
and go loads of rum, rice, etc. For these and other demands
a large sum of money is needed. Impossible to engage
wagoners at twenty-six and two-thirds dollars per month on
account of the depreciation of the currency.
Vol. ii, No. 49.

1779.—January 25. Spring field.—Has transmitted by Mr. Shelden
his accounts and returns for month of December. Has also
forwarded part of the tools and all the salt, with the greater
part of the stores at Westfield. Vol. ii, No. 50.

1779.—/anuary 26. Spring field.—Concerning the building of the
boats. Opposition to this measure by the Selectmen of the
town. Vol. viii, No. go.

1779.—February 73. Springfield —Enclosing account and return
for the month of January ; expects to want $25,000 before the
2d of March for transporting various articles.
Vol. iv, No. go.

1779.—May 9. Spring field—Acknowledging favors of 19th and
29th ult. The $54,000 sent was all due before it arrived.
Number of tents forwarded and their destination.
Vol. vii, No. 53.

1779.—May 22. Springfield —Sends Mr. Abel King for a supply
of money to enable him to perform the services demanded.
Tents forwarded to Fishkill; stores destined for Albany gone
forward. Vol. v, No. 56.

1779.—July 22. Spring fiedd.—Enclosing an account of services
performed for the troops of the Convention from 1st Septem-
ber to the time they left Massachusetts. Vol viii, No. 89.

1779.—October 9. Spring field—His order of the 4th inst. to
furnish teams, transports, etc., shall be punctually attended to.
Stores ordered by Gen. Knox, about twenty loads in all, will
proceed to Claverack in a few days; also fifteen loads of
clothing. Enclosing accounts and returns for the month of
September. Vol. iii, No. 106.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 243

SMITH, WILLIAM (continued ) :

1779.—October 18. Spring field—Acknowledging order of the
5th inst. All the clothing ready has gone to Claverack ; also
sent 1000 bushels of salt. Requests a supply of cash to pay
for transportation of stores. Vol. iii, No. 107.

1779.—lVovember 8. Spring field—Acknowledging favor of 21st
ult. Has forwarded a number of stores for Col. Hay. Ac-
counts and returns for October. On account of depreciation
of money, officers employed by him cannot furnish themselves
with clothing; desires to know if clothing may not be de-
livered to them at the same rate as others in the service.
Vol. ix, No. 111.

1780.—February 13. Springfield.—Enclosing his accounts and
returns for January, sent by Conductor Avery, who has under
his care to Newburgh twelve loads of clothing.

Vol. ir, Nor5 ke

SPYCER, SAMUEL:

1780.—February 24. Harriston (?).—After much trouble has
reached the above place; enumerates the horses he has left
behind him on his journey. Vol. si, No.5 3:

STEEL, ARCHIBALD :

1779.—Ffebruary 20. Pittsburgh.—Acknowledging favor of the
2zoth ult. Beyona doubt that he has fallen under Gen.
McIntosh’s displeasure, but flatters himself that he has main-
tained a good character with his countrymen in general.
Acquitted of all the charges by the Court. Aware that it is
his duty to cultivate harmony with his commanding officer,
but quite impossible to do so with Gen. McIntosh. Is prepar-
ing his accounts. Difficulties of his situation. Breach between
him and Gen. McIntosh so great that it can never be healed.
Vol. iv, No. gt.

1779.—LVovember 30. Martinsburg.—Acknowledging favor of
29th September. Returns of stores and persons. Complaints
of wages. Intends to set out for Fort Pitt to procure stores.
Col. Broadhead’s demands strictly attended to. Distressed for
want of money; drivers destitute of almost every kind of
clothing. In daily expectation of money from Mr. Pettit.
Vol. 1x, No? rio:

944 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

STEEL, ARCHIBALD (continued ):

1780.—Lebruary 16. Martinsburg—Acknowledging favors of the
2d and roth ult. Question of his accounts ; when they will be
ready. His line of conduct approved by the Board of War.
Certain moneys obtained in exchange for certificates. Great
need of cash. Vol. ii, No. 56.

STEPHENS, WILLIAM:

1779.— October 5. MNewtown.—Has forwarded all the provisions.
Will strictly comply with every order. Thinks fifty horses
can be collected out of the different pastures fit for service-
Has engaged wintering for roo horses some distance from any
public road. Has raised some fine potatoes; hopes Gen.
Greene will accept of some barrels. Vol. iii, No. rog.

1779.— October 8. Newtown.—Acknowledging letter of 3d inst.
Has sent on all the salt and flour ; will send also fifty or sixty
horses. Col. Biddle approves the plan of providing stabling
for 100 horses during the winter. Vol. iii, No. 110.

1779.—October 19. iNewtown.—Has been making all preparations
possible for Gen. Sullivan’s army. Will send on one load of
potatoes, and if possible, Mrs. Stephens will procure a firkin of
butter. Vol. iii, Nos 11:

1779.—December ro. Néwtown.—Sending saddle of venison by
an express. Will send some vegetables. Impossible to get
butter or salt. Vol. viii, No. gt.

1780.—January 14. Newtown.—Delay of teams caused by heavy
snowfall. Some time the following morning sixty sleds will
start for Newbourgh [ Newburg]. Vol. ii, No. 59.

STEUBEN, BARON:

1779.—Vovember 20. New Windsor.—Asking him to find a good
house for himself and family in the neighborhood of the army,
and to acquaint the quartermaster at Morristown with his
choice, that he may apply to him on his arrival.

Vol. un, No: 56:

STEWART, CHARLES :

1779.—February 15. Headquarters.—Very unwell and fearful of a
tedious attack of sickness. A temporary magazine at the land-
ing necessary to supply the posts at Elizabethtown, Newark
and Springfield, etc. ; also the bridge over Raritan wants
repairing. Vol. iv, No. 94.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 245

STEWART, CHARLES (continued ) :

1779.—February 16. Katn’s Quarters.—Obliged through sickness
to leave camp in an hour, on his way toward Kingwood, his
former residence. Desires him to order an express to go to
Philadelphia by way of Trenton, with the packets the bearer
will give him. Vol aij Nomgie

1779.—May 77. Camp.—Sends map by bearer. Asks that a horse
may be spared to a trusty person whom he is going to send to
Brinker’s Mill to establish a post there. Intends accompany-
ing Gen. Sullivan on his road to Easton. Vol. v, No. 6.

1779-—May 31. Commissary Office. —Will set out for Easton at
noon to meet Gen. Sullivan and prepare his department so
that Gen. Sullivan may proceed. Will need one or two per-
sons with him to fix them as commissaries along the line of
march. ‘The bearer being one of them, needs a saddle for his
horse ; hopes the General will spare him one. Informed that
the river is in fine order and things going on well.

Volivi; No .25-

STEWART, WALTER (Col.) :

1778.—January 4. Fredericksburgh.—Recounting his journey
with Col. Ball of 300 miles in five weeks, and the kindness
and hospitality of their friends en route, as well as in Virginia.
Unhappy situation of the people for want of bread. Enor-
mous cost of wheat and pork. Disappointed to find the
money of as little value as at Philadelphia. Fears for another
campaign. People chagrined that a much severer sentence
was not passed on Gen. Lee. The gentlemen of Virginia
exasperated against R. H. Lee. Compliments to Mrs.
Greene ; hopes his and their lottery tickets will be successful
as it is really necessary. Expects to shake him by the hand
the beginning of March. Vol. ii, No. 57.

STODDERT, BENJAMIN (Major) :

1779.—December 3. War Office.—In consequence of the enclosed
resolves of Congress, is. ordered by the Board to urge him to
furnish them punctually with the returns, directed by the regu-
lations of his department. Vol. ii, INom62:

1779.—December 28. War Office.—Encloses an order for 2000
hides, but the great demand for shoes renders it improper that

246 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

STODDERT, BENJAMIN (Major) (continued ) :

the hide should be applied to any other uses, and prevents ~
discretionary orders being given to Col. Lewis and Col. Hay.
Vol. ii, No. 63.

Story, J. (Major):

1779.-—May 19. Camp, Middlebrook.—Agreeable to instructions
and. the foregoing estimate, has taken up three barns belong-
ing to Ernestus Harlingen, Esq., and Messrs. Duryee and Van-
doran. On back of MS., Vol. v, No. 42.

1779.—May 20. Camp, Middlebrook.—Has been to Somerset and
finds no building as suitable for the accommodation of the
sick as Mr. Duryee’s barn; mentions other barns which
might do with some repairs; difficulties attending the grant-_

ing of Mr. Duryee’s request to have his barn released.
Vol. v;No: 37:

STIRLING, LORD:

1779.—January 22. Middlebrook.—Acknowledging favor of the

14th inst. Gen. Greene’s (?) desire to leave gay Philadelphia

for camp proves that variety is the best sauce of life. For

himself, he is easily satisfied. No truth in the reports of the
enemy’s intended landing. Desires New York newspapers.
Vol. viii, No. 92.

1779.—November 8. Morristown.—Promising to view the several
districts of country mentioned by Gen. Greene with a view to
the different points of conveyance, safety and protection to the
country. Vol. ix, No, 252;

1779.—lVovember 9. Baskinridge—Concerning the choice of
suitable quarters for the army. As a result of a five days’
search, mentions the situation which he thinks preferable to
any in New Jersey. Plenty of wood and water there, and
though not many comfortable houses for the quarters of gen-
eral officers, still enough to make shift with. Will join his
division in a day or two unless His Excellency should wish
him to remain where he is. Intelligence of a fleet sailing from
New York with 8000 troops said to be for the West Indies ;
no such news at Gen. Maxwell’s quarters, but certain that they
are preparing for an embarkation. Vol. ii, No. 60.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 247

SULLIVAN, JOHN (Gen.) :

1779.—february rr. Providence.—Acknowledging favor of 26th
ult. Fears unless something is done for the army, there will
be no troops for the next campaign. Gaiety of the Philadel-
phians perhaps the reason of the slow movements of Congress.
Description of a small encounter with the enemy in which
they were deprived of their plunder. Vol. iv, No. 97.

1779.—February 17. Providence.—Acknowledging letter of 9th
inst. Not aware of the resolution of Congress mentioned by
Gen. Greene. Vol. iv, No. 96.
1779.—May 4. Millstone.—Asks that the important letters accom-
panying this may be forwarded immediately. Complains that
a letter of his to Gen. Knox was delayed three days after being
sent to Gen. Greene’s office. Vol. vii, No. 59.
1779.—May zo. Headquarters, Easton.—Everything in good
order barring a sufficiency of pack-saddles. Asks whether the
600 horses destined for camp are for him. Thanks him for
information respecting Col. Van Schaick.
Vol. vii, No. 60.
1779.—May 12. Milistone.—Will march from Easton for Wyo-
ming the 2oth inst. Wishes to know if certain articles will be
ready for the expedition. Not yet in receipt of inkstands.
Vol. vit, No.) 77-
1779.—May 16. Millstone.—Enclosing an answer to a letter from
the Board of War, informing him that all wheels must stand
still until they hear from him (Sullivan); therefore Gen.
Greene must send a flying express, who is not to eat, drink or
sleep till he reaches Philadelphia. Vol. v,, No:. 2:
1779-—May 16. Millstone.—Enclosing Col. Power’s order with a
receipt thereon. Begs him to send the money before night.
Vol. v, No. 8.
1779.—May 23. Haston.—Asking for information concerning the
artificers. His troops in want of canteens.
Vol. v, No. 62.
1779.— October 22. Easton.—Acknowledging favor of 2oth inst.,
and thanking him for his congratulations on his safe return,
and the success of the troops under his command. Will march
his army to Warwick agreeable to directions.
Vol. iv, No. 95.

248 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

SULLIVAN, JOHN (Gen.) (comdinued ) :

1779.—October 27. Haston.—Acknowledging favor of 23d inst.,
with enclosed memorial. All the general officers under his
command concur in the necessity and propriety of the meas-
ure. Voli, No: 65.

1779.—Vovember 30. Pompton.—Alarming state of his health
necessitates his retiring from the army, at least for a time.
Question of supporting his horses until his return; begs him
to furnish his aide-de-camp, Maj. Pierce, with $3000 for their
support. Vol. ii, No. 66.

TALLMADGE, BENJAMIN (Major):

1779.— October 17. Pine Bridge.—The bearer, Lieut. Wadsworth,
with a party of dragoons will wait on him for directions re-
specting those horses which were promised to Col. Sheldon’s
regiment. Vol. ii, No. 68.

THompson, JAMES (Clerk in Capt. Mill’s company) :

1778.—february 75.—Absolutely unable to support his family on
his present wages, therefore requests a discharge from the ser-
vice.

[Letter from John Glover to Gen. Greene on back of MS.,
mentioning, out of compassion, the distressed circumstances
of Thompson’s family; believes if he is discharged from the
service he can support them much better.] Vol. iv, No. 99.

THompson, JAMES ( Col.):

1779.—January 21. Middlebrook.—Acknowledging favor of 7th
inst. Has used every means in his power for the preservation
of cattle. Need for new wagons, also oil and brushes.
Vol. viii, No. 95.

1779.—/anuary 17.—In answer to his favor of the 7th inst., wrote
requesting that oil and brushes to repair and preserve the har-
ness might be forwarded. Country teams for brigade duty
coming in pretty fast. Vol. ii, No. 69.

1779.—Lebruary 24. Camp.—Pointing out some difficulties which
may arise in his department. Inconvenience attending the
wagon department for want of wagoners. Ventures suggestions
which may aid in procuring a sufficient number.
Vol. iv, No. 100.

1900. ] CALENDAR OF THE GREENE CORRESPONDENCE. 249

THOMPSON, JAMES (Col.) (contznued ):

1779.— October 1. New Windsor.—Distemper among the horses,
added to calls for others, makes it necessary for him to have
fifty more. Scarcity of carters for the teams; hopes Gen.
Wayne will trust them to men who have some knowledge of
driving. Vol. ii, Nox 142:

1779.---October 5. New Windsor.—Condition of wagons and teams
sent by Messrs. Ross and Morgan. Situation of carters dis-

~ tressing for want of blankets; Col. Mitchell writes that none
are to be had at Philadelphia. Some watchcoats and some
pieces of coarse duffel at Newburg if they could be procured.
Impossible to expect men to lay out nights without a blanket.
Horses die very fast. Voi mip Nos anr 3.

1779.—October 8. Mew Windsor.—Ox teams which Col. Hubbard
engaged, necessary to keep up the magazine of provisions.
Their time expires in a few days and they ought to be retained.
Vol. ni.) No» iir4:
1779.— October 18. New Windsor.—Opened the enclosed to get
the inventory of wagons, horses, etc. ; not one carter to the
brigade. Impossible for him to furnish wagoners.
: Voli Now.
1779.—October 21. New Windsor.—The bearer, Mr. James Bart-
ley, wishes to know how he can be supplied with horses to
complete Lord Stirling’s division. Lack of provisions, grain
and hay. Concerning teams and horses.
Vol. vili, No. 97.
1780.—february 27.—To oblige the General, will let his light
wagon go, but will send driver and horses with it in order that
it may be returned soon. Vol. ii, No. 7o.

1780.—february 28. Morristown.—Has opportunity of enlisting
some wagoners for one year, if he can assure to them a certain
amount of clothing besides the regular wages. Desires to know
the regulation quantity. Many evils incident to having sol-
diers in that branch of the department under his care.
Vol. iii, No. 66.
TILGHMAN, TENCH ( Col.) :
1779.— October 7.—Enclosing a petition from Mrs, Eliza Kings-
land and asking that Kingsland might be employed at Albany.
Vol. 1i,, Nos 72.

250 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

TILGHMAN, TENCH (Col.) (continued):

1779.—October 16. Headquarters.—Quoting an extract from Gen.
Wayne’s letter, asking for certain workmen. Requests Gen.
Greene to detail the usual number of artificers to attend the
light infantry. Vol. iii, No. 116.

1779.—LVovember 3. West Point.—His Excellency desires him to
have tooo or 1500 sandbags put in hand for the engineers,
also to consult Col. Biddle on the propriety of ordering Bay-
lor’s dragoons to Westfield. WMoal.ix, No. 114:

1779.—Vovember 25. West Point.—His Excellency desires that
he shall fix upon the Acquaquenac position if it answers the
description given by Col. Dehaart and Major Barnet. The
greatest objection will be the increase of transportation. Offi-
cers commanding the different divisions have directions to
follow Gen. Greene’s orders for their route between Pompton
and Morristown. Suggests posting an officer on the road to
direct the march, if the Acquaquenac position is taken.

Vol. 1x,. No. 195:

1779.-—December 23. Headgquarters.—Asking for a wagon to carry
800 pairs of shoes to the light infantry. Vol. viii, No. 93.

1780.—/January 6. Headguarters.—Concerning a box of station-
ery selected by Gen. Gates. Voli, Nos 72:

1780.—/January 15. HHeadguarters.—His Excellency desires that
he will send five or six sleighloads of boards to Gen. Irvine
and have as many in readiness for Col. Stewart’s party. In
need of white rope. Vol. ii, No. 71

1780.—February 24.—Enclosing order on the Commissary of Hides
for the number requested. Vol. viil, No. 94.

1780.—february 25. Headguarters.—Orders from His Excellency
to have 400 or 500 bricks brought up to repair Mr. Ludwig’s
ovens, as a great deal of grain has been wasted for lack of good
ovens. Vol. ix,.No. 116.

TILTON, JAMES (Dr.):

1780.—February 15. Laskinridge.— Application for a fatigue
party to cut sufficient wood to serve the hospital for a month or
two. Vol. it, No: gs:

Or
he

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 2

TRAILL, ROBERT:
1779.—May z. Haston.—Col. Hooper having forgot to send the
map by express, he forwards it by bearer. Vol. vii, No. 15.
1779.—May 29. Laston.—By request of Col. Hooper, informs
him that 250 pack-saddles will be immediately sent to New
Windsor. Vol. v, No. 92.

1780.—/January 13. Easton.—By order of Col. Hooper, has sent
twelve saddles of venison, weighing 409 pounds; 200 barrels
of beef at the camp, which shall be sent with the greatest dis-
patch. Vol. ii, No. 76.

TURNER, “PP. :

1780.—/January 26. Danbury.—Asking payment for a horse which
cost £25 at the commencement of the war, and after being in
constant service four years, died still in the service. Hospitals
as comfortable as the severity of the season will allow.
Vol. 1, No: 73:
1780.—February 14. Danbury.—Duplicate of the above.
Vol. a1, No: 79:
Van Court, MICHAEL:
1779.—Vovember 25. Laston.—Will receive about thirty horses.
from Col. Hooper; will bring them on to camp by way of
Morristown. Vola No: 2.07.

VARNUM, JAMES (Gen.):

1779.—January 73. Warwick.—Announcing the removal of Mr.
Mitchell and the installation of Capt. Tew as quartermaster.
Enemy in Rhode Island have been short of provisions. Act
passed by General Assembly concerning impressment of articles.
for the army. Gen. Sullivan very angry. Most of the posts.
without wood and forage. Warren and Bristol supplied in
time. Luxury and dissipation of every kind prevail. Public
currency of no estimation. Wood $30.00 a cord ; other things.
in proportion. Wishes to know intention of Congress con-
cerning his application for dismissal from the service. Mrs.

Varnum well; his brigade in perfect health.
Vol. ii, No. 80.

VILLEFRANCHE (Master of Engineers) :
1779.—LVovember 7. Verplank’s Point.—By order of His Excel-
lency, is engaged in surveying Stony Point and all the country

Zon CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

VILLEFRANCHE (Master of Engineers) (continued ) :

around. Unable to get good paper to make a fair copy of it,
so is obliged to apply to Gen. Greene. Would also like an |
order for a bridle, his having been stolen off his horse.
Vol. ii, No. 81.

WaDE, FRANCIS:

1779.—January 27. Wilmington.—Has not heard of Gen. Pulaski
or any of his legion; has given instructions, however, about
their reception. Difficulty of getting forage for the horses.
Scarce a farmer within a radius of thirty miles will sell any
grain. A prodigious saving of forage if the teams could be
laid off until the navigation is open. Orders from Gen. Small-
wood, for certain men employed by him to return to their regi-
ment, a great detriment to the service, as he has no others to
replace them with. Exceedingly troublesome force of about
one hundred men under a lieutenant stationed at this post and
robbing the inhabitants. Vol. ii, No. 82.

1779.—february 3. Wilmington.—Acknowledging favor of 31st
ult. Concerning contracts for oats and a supply of forage.
Disagreement between himself and Col. Blair. If Gen. Greene
thinks it proper to pass over the matter, he will submit to his
better judgment. Vol. ix, <No. maid:

£779.—May 28. lWelmington.—Account of horses forwarded and
those on hand. Difficult to procure drivers. Assistance given
in removing public stores. Complains of the law governing
the calling out of teams; also of the State Commissioners.
Begs that Gen. Greene will not allow him to be superseded in
his office without timely notice. Vol. v, No. 88.
1779.— October 6. Wilmington.—Acknowledging favor of the 29th
ult. Surprised at Col. Cox’s omission to forward Gen. Greene
his (Wade’s) papers and returns, up to May 1. Just recovered
from fit of sickness, but will set off the following day to the
city and try to get copies of the returns. Badly off for a clerk
who understands these matters, but will do the best he can.
Vol. 1, No. 1317:
1779.—October 27. Philadelphia.—Acknowledging letter of 17th
inst. Hassent the returns. Causes of the delay in his accounts :
lack of money and proper assistants. Glad that time is arriv-

ing when a man may live in peace under his roof.
Vol. iii, No. 118.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. De

WaDE, FRANCIS (continued ) :

1779.—LVovember 18. Wilmington.—Acknowledging favor of 9th
inst. His efforts to get a clerk to help him with his books.
Always considered his duty to his country rather than his pri-
vate emolument. ‘The many calls on him.
Vol. iv, No. r19.

1780.—January 2. Philadelphia.—Indignant at the late proceed-
ings against the Staff department, which have failed again, ac-
cording to the enclosed letter of Governor Rodney. Has
assured the Governor that he will resume his station and con-
tinue his duties until a proper arrangement takes place. Want
of cash. Flour at hand. Vol. viii, No. 100.

1780.—February 28. Wailnmington.—Acknowledging his favor of

the 18th, also the books of certificates; the latter have caused

a general alarm, preventing the people from coming in and

settling their accounts; using every exertion to make the

' people’take them. Unless money is provided, all supplies for

the opening of the campaign will fall short. Lack of provisions

for men and forage for horses at nearly all the posts that have

been forwarding supplies to the army. For this reason has

been obliged to let most of the teams withdraw from the ser-
vice. Vol.iii, (No. 161:

WaDsworRTH, JEREMIAH (Col.):

1778.—LNovember 25.—Proclaiming his indifference to detraction
or calumny. Not anxious to be classed with Gen. Greene’s
‘¢ wicked department.’’ As he is dining at headquarters, will
see him later. ” Volwu, Nos83-

1779.—Lebruary 24. Hartford.—Body politic of Connecticut in
a sad decay. Question of paying the bills at their nominal
value. Not surprised at Gen. Sullivan’s ordering a court of
inquiry to investigate the conduct of the commissary for sup-
plying his command. Is persuaded a more important inquiry
will soon be necessary. Will avoid a quarrel if possible, but
cannot promise. Vol. x, No? 7.

1779.—May 7. ‘Hartford.—Acknowledging favor of 30th ult. Will
set out for camp soon, as he realizes he is needed there. Noise,
confusion and dirt characterize this neighborhood; would
rather be in Bedlam. Supply of cash to Hubbard saved their
lives. Vol. vii, No. 16.

254 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,
WADSWORTH, JEREMIAH (Col.) (continued):

1779.— October 28. Murderer’s Creek.—Letter from Bristol, R. L.,
which says the enemy have been blowing up and burning their
works for two days, and all large ships have fallen down to the
harbor’s mouth. Enclosing certain letters.

Vol. viii, No. 102.

1779.—Vovember 1. Murderer’s Creek.—informing him of the
sources from which he expects to draw great quantities of
bread. Vol. ix, No. 120.

WASHINGTON, GEORGE (Gen.):

1778.— October 29. Headquarters.—Acknowledging favor of 28th
inst. Nothing can be done toward the Canada expedition that
winter ; scanty supply of provisions afforded by the country at
the head of Connecticut river. Will forbid the sending up of
flour from Albany. Collecting and repairing of bateaux. Has
fixed upon Danbury, West Point and Middlebrook for canton-
ing the army during the winter; number of brigades at these
points to be regulated by the strength of the enemy. Proba-
bility of throwing a regiment into the Clove near Sufferans
and placing a brigade at Albany. If the enemy keep a garri-
son at New York it will be of sufficient strength to repel any
attack the Americans could make; would therefore lay aside
all idea of collecting his force suddenly and extend his view
to more remote cantonments. Good barracks at Trenton and
Burlington ; also wheat and mills in the vicinity. Advises re-
moving provisions from the Sound to the foot of the mountain.
Necessity of collecting materials for hutting.

Vol. x, No. 4o.
1778.—December 17. Middlebrook.—Enclosing copies of two let-
ters—one to Mr. Wadsworth concerning supplies for a large
army to the northward, the other his answer, saying that the
principal objection to the supplies being certain is the preca-
riousness of carriage. Wants to know if it is possible for Gen.
Greene to promise certain and uniform transportation.
Vol. ii, No. 97.
1779.—February 24. Headquarters, Middlebrook.—Requesting him
to consult with the Commissary-General about laying in a mag-
azine of four months’ provisions for 1200 men at Fort Pitt and
for 1000 men at Sunbury. Asking him also to obtain, in as

1900.] CALENDAR OF THE GREENE CORRESPONDENCE,

bo
Or
Or

WASHINGTON, GEORGE (Gen.) (continued):

secret a manner as possible, a list of all the vessels from the Falls
of Susquehanna to Wyoming, and certain other details. Orders
concerning the returns of each month. Preparations for an
Indian expedition to be prosecuted agreeable to directions ex-
pected from Gen. Schuyler. No further action to be taken in
providing materials for the vessels of force, but the articles
already on hand are to be kept secure from waste and loss.
Vol. ii, No. 95.

1779.—March 2.—In the list submitted to him, if the articles are
wholly designed for such troops as may proceed by way of
Wyoming, thinks the quantity too great; but if they are part
of the general provisions for the use of the army, they might
as well be purchased on tolerably good terms. [Copy.]
Vol. ii. No. 86.

1779.—May 4. Middlebrook —Having already explained the plan
of the western expedition against the Indians of the Six Nations,
now informs him that Gen. Sullivan is appointed to the com-
mand of this expedition, and desires that he will give him
every assistance in his power. Wishes to know at once how
soon the wagons and other preparations will be ready, to en-
able him to make a general movement of the army. Gen.
Greene knows the urgent motives to a speedy movement.

Vol. vii, No. 28.

1779.—May 6. Headquarters, Middlebrook.—The ist Jersey Reg-
iment under marching orders, and will move probably in two
days. Hears from Gen. Maxwell that their portmanteaux and
wagons are lacking, and that the tents are not taken out of the
store at Morristown for want of wagons. Gives him this notice
that there may be no delay on the above account, the whole
brigade being under marching orders. Vol. vii, No. 58.

1779.—May 19. Headquarters, Middlebrook.—Enclosing a letter
from Gen. Sullivan, with the several papers to which he refers.
Difficulties arising from deficiency of wagons, tents, etc., in
Gen. Greene’s department will claim the earliest notice. Ask-
ing for Gen. Sullivan’s letter and the return from the New
Hampshire Regiment. Vol. v, Noe.

PROC. AMER. PHILOS. SOC. XXxIX. 162. Q. PRINTED JULY 7, 1900.

256 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

WASHINGTON, GEORGE (Gen.) (continued ):
1779.—May 312. Headquarters.—Acknowledging Gen. Greene’s (?)
favor, and happy to find the prospects of moving the army so
good. Would wish to be in train to move by June 2.
Vol. vi, No. 26.

1779.—October 5. Headquarters, West Point.—Requesting him to
take every measure in his line to facilitate the junction of Gen.
Sullivan’s troops with this army. [Copy.] Vol. i1, No. roo.

1779.—October 25. Headquarters.—Requesting him to give the
order to supply Mr. Hatfield with return wagons to carry 2000
dried hides to be sent to Philadelphia. Mentioning Gen. Sul-
livan’s change of route and asking that an express may be sent
to meet him. Vol.*m, Noug2.

1779.—October 31. Headguarters.—Wishing to know if a suf-
ficient number of vessels can be procured to transport troops
up the river, should the Indian incursion to the northward
prove serious. Vol. ii, No. 89.

1779.—LVovember 17. Headquarters, West Point.—General direc-
tions for laying out the intended encampment. Position of
brigades. Size and form of soldiers’ barracks. Gen. Sul-
livan will furnish fatigue-men necessary for tracing the camp.
Movement of baggage. Vol. ii, No. go.

1779.—LVovember 23. Headquarters, West Point.—Acknowledg-
ing favor of 22d. Question of choosing a winter position for
the army. Disadvantages of the position below the mountain.
Choice dependent on the number of the. enemy’s force and
their possible movements. Vol; n,.No./ ox.

1779.—November 30. Pompton.—Acknowledging favor of the
27th. After a consideration of all circumstances has decided
upon the position back of Mr. Kemble’s, so that he may pro-
ceed to laying off the ground. Expects to be at Morristown
the next day and will be obliged if Gen. Greene will order
him a late dinner. Understands his quarters are to be at
Mrs. Ford’s. Vol. ii, No. 84.

1779.—December 23. Headquarters, Morristown. — Enclosing
copy of letter received from Mr. Mitchell, showing how neces-
sary his presence is in Philadelphia. Vol* ii, No.xo2:

1900. ] CALENDAR OF THE GREENE CORRESPONDENCE. Zon

WASHINGTON, GEORGE (Gen.) (continued ) :

1780.—/fanuary 2. Morristown.—Acknowledging his letter of
the day before. Concerning the dismission of express-riders ;
thinks as many as possible should be immediately discharged.
Will write to Congress on the subject. Volxai, Noz rox.

1780.—/January 24. Headquarters, Morristown.—Concerning the
dispossession of Capt. De Rochefontaine of his quarters in
favor of Lieut.-Col. Stevens. Unfortunate that such things
should happen to any officer, but particularly to a foreign
gentleman ; wishes the affair rectified and put upon a proper
footing. Has received Mr. Conduit’s letter; Gen. Lee in
that part of the country; trying to prevent the intercourse of
which_he speaks, but seems impracticable to put a stop to it.
Vol. ii, No. 99.
1780.—/January 27. Headquarters, Morristown.—Orders to Gen.
Greene to govern himself by the Act of 27th ult., directing
the dismission of the express-riders, with certain exceptions.
Vol. vii, No. 106.

1780.—/anuary 30. Headquarters, Morristown.—Advices re-
ceived from Gen. St. Clair point to the enemy’s having some
offensive operation in view. ‘Therefore requests that he will
use his best endeavors to remove the forage at or near the
lines, to Morristown. Has sent a copy of letter representing
state of his department to Congress. Vol. ii, No. 96.

6780.—February 8. Morristown.—Acknowledging letter of same
date, enclosing copy of one from Col. Berry, concerning the
unwillingness of inhabitants to transport for the army at the
regulated prices, from an apprehension that the regulations
will not be general. Suggests the adoption of an expedient,
it being indispensable that the transportation should go on
with vigor. Vol. vii, No. 105.

1780.—February 9. Headquarters, Morristown.—The enclosed
(No. 104@) transmitted him by Board of War through Baron
Steuben. Asks him to have the returns made out as soon as
convenient. Vol. vii, No. 104.

1780.—February 18. Headquarters, Morristown.—Thinks it better
that the team with the clothing should not set out for Albany
in the present state of the roads. Vol. 11, No. 98.

258 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

Wayne, ANTHONY (Gen.) :

1779.— October 25. Camp, Second River.—Acknowledging his
favor of that evening and promising to wait on him at nine
o’clock in the morning, on condition that Gen. Greene will
dine with him and spend the night. Vol. ii, No. 88.

WEBB, JOSEPH:

1778.— October 27.—By desire of Governor Trumbull is going to
the lines with Governor Franklin. In receipt of countermand
orders. Vol. viii, No. 107.

WEEDON, GEORGE:

1778.—LVovember 9. Fredericksburg.—Acknowledging letter of
14th ult., and congratulating him on the birth of a daughter.
Would have given his only hat if it had beena son! Has
leased a farm not far from town, where his friends will always.
receive a hearty welcome, and if Mrs. Greene will come,
promises her a bali every week. Great hopes at the begin-
ning of the Rhode Island expedition, disappointed. Desires
his opinion on the state of the army, on the results of the
Court-martial and the Eastern pole tax. Thinks the British
are pretty tired and would gladly quit. Assembly still sitting ;.
will communicate the heads of their deliberations in his next.
Vol. ii, No. 102.

WEIsS, JACOB:

1779.— October ro. New Waindsor.—Enclosing Col. Mitchell’s
letter. Men actually suffering from want of blankets. Some
coarse, blue woolens at the clothing store better than nothing.
Wishes to know the General’s opinion about issuing leather
breeches to the artificers ; also about getting returns of mate-
rials necessary for hutting, as the time for winter-quarters
approaches. Vol. ni, No. n2n.

1779.—October 78. New Windsor.—The bearer, Mr. New, waits.
on him with a desire of returning home to his family, his term
of service being ended. Question of leather breeches.
Vol. ui, No. n22%

1779.— October 19. New Windsor.—Enclosing list of articles
requisite for hutting the ten brigades. Suggestions for getting
other returns for the same purpose. Vol. ili, No. 124.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 259

i
WEISS, JACOB (continued ) :

1779.— October 27. New Windsor —Concerning tents and re-
turns. Vol. viii, No. 108.

1779.—LVovember 14. New Windsor.—Will set off in the morn-
ing for Morristown. Asks that Mr. Tenbrook may be sent on
before the army marches, to make certain preparations as
regards stores, hutting, etc. Vol. xit; Nowe;

WENDELL, OLIVER:

1778.—-October 27. Soston.—Asking for an order on Gen. Heath
for the sum mentioned in the account. Voliix;) Now 9.

WEsT, JACOB:

1779.—December 6. Greenwich.—Sends by bearer, Adam Hawk,
a saddle of venison; also some cereals for use of the forage
department at Morristown. Vol. viii, No. 109.

1780.—February 5. Greenwich.—By request of Col. Hooper has
purchased and sent on four turkeys, nine geese, and seven
hens. Chairs will be ready some time the following week.

Vol. ii, No. 104.

WHITTELSEY, CHARLES:

1779.—October 8. Providence.—Directed by Gen. Gates to write
the exact hour the express sets off with a letter from him to
His Excellency, Gen. Washington. Col. Bowen has given or-
ders to fix expresses at twenty miles distance from Providence,
in accordance with orders received. Vol. ili, No. 119.

Wiuiams, OTH. H.:

1779.—M/ay 27.—Found by inquiry that a certain Major-General
can not be induced to accept employment on an expedition
against the savages; shows not the least disposition for specu-
lating in scalps. Vol. v, No. 81.

1780.—Sfebruary 3. Morristown.—Ordered by the Commander-
in-Chief to furnish a battalion of between two and three hun-
dred men to cover the stores and public offices in Morristown,
and therefore applies to Gen. Greene for barracks or some
other cover for them. Vol. i1, No. 106.

WILLIAMSON, MATTHEW:

1780.—January 16. Elizabethtown. — Introducing Mr. Aaron
Woodruff, who has been an express-rider at the above post for

260 CALENDAR OF THE GREENE CORRESPONDENCE. [April €,

WILLIAMSON, MATTHEW (continued ) :

three months, and if possible, desires his pay. If he is not
paid, would like to know the amount of his wages and how the
post is to be supplied with riders. Vol. iii, No. 64.

WooprorD, WILLIAM:

1779.—May 1&8. ound Brook.—Complaining of Mr. Dunn’s
turning his horses into a small pasture already stocked with a
sufficient number; knows Mr. Dunn could provide better pas-
ture elsewhere, but he is piqued at being turned out of such
comfortable quarters to give place to him (Woodford) ; asks
that the matter be looked into. Vol. v, No:,23:

1779.—lVovember 25. Haverstraw.—Will begin his march for
winter-quarters on the following day, but will have to stop
two days at Suffern for the purpose of issuing clothing-
Preparations he has made for the arrival of the troops.
Vol. ii, No. 108.

1779.—LVovember 29. Ramapo.—Directed by His Excellency to
ascertain where their huts are to be built, and if there is a
nearer route than going round by Morristown. Has sent a de-
tachment from each brigade, with their quartermasters, to Gen.

Greene or one of his assistants for their proportion of tools.

Vol. 11, INo.167.

WORTHINGTON, ASA:

1779.—Ffebruary 16. Rariton.—In want of more assistance in his
work; asks for a certain artificer to help him for a few weeks.

Vol. viii, No. r1o.

1779.—February 77. Rariton.—Requested by Col. Wadsworth to
order that the slaughter-house now begun in camp may be
speedily completed. Gives his reasons for haste in this matter.
Wishes a large vat made at the slaughter-house to salt the meat
in as soon as it is killed. Vol. iv, No. ror.

Younc, HEnryY:

1780.—/anuary 31. Lancaster.—Delay of troops occasioned by
want of horses. Movements of the Second Division. Appre-
hensive of further delays before reaching Fredericksburg, the
road between that town and Leesburg being the worst on the
continent. Wishes to know how the wagoners he has enlisted

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 261

Younc, HENRY (continued ) :

are to be supplied with clothes; also what is the pay of a
wagonmaster. Promises returns of everything in the quarter-
master’s department. If he has to continue defraying his own
expenses, will be ruined. Carelessness and villainy of wag-
oners. Vol. 11, Nos1e9.

1780.— February 18. Fredericksburg.—Detailed account of the
march of the Virginia troops southward. Supplies on hand
sufficient, except from Leesburg to Fredericksburg. Express
received by Gen. Woodford from Gen. Lincoln, urging him to
hasten the march of his division, as the enemy have received
a reinforcement at Savannah. Troops in good health and high
spirits in spite of the long march, and anxious to stop the ene-
my’s progress. Vol. 11, No: Fro:

ZIEGLER, DAVID:

1780.—/anuary 3z.—Offering him chocolate or soap or anything
in the store. Vol. ii, No. 111.

LETTERS FROM GEN. GREENE.

ABEEL, JAMES (Col.):

1779.—/June 6. Ringwood.—Acknowledging letters of the 34, 4th

and 6th. Glad to hear such encouraging talk respecting pro-

visions. Asking for canteens and a good penknife or two.

Just entering the Clove; nothing to eat there for man or beast.
Vol. vi, Noazo.

1779.—/June 9. Camp, Smith's Clove.—Favorable information,
concerning provisions, in his favor of the 6th inst., very
pleasant hearing. Wishes flour sent as fast as it comes to
Morristown. Will soon release him (Col. Abeel) from trans-
porting stores and enable him to attend to the objects within
his own particular line of duty. [Copy.] Vol. vi, No. 32.

(779.—June rz. Camp, Smith's Clove-—Acknowledging favors of
8th and gth insts. Impossible to furnish wagons to transport
the stores from Pompton to camp till general arrangement is
made. Thanks him for his politeness and attention to Mrs.
Greene. Vol. vi, No. 44.

bo
bo

6 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

ABEEL, JAMES (Col.) (continued ) :

1779.—June 12. Smith's Tavern.—Mr. Lewis’ suitability for the .
business he is employed in. Begs him to lay aside any dis-
putes he may have with Mr. Lewis. ‘‘ Private pique should
ever give way to public good.’’ Thanks him for his zeal dur-
ing Mr. Lewis’ illness. Vol? vi, Nong.

1779.—June 14. Smith's Tavern.—Acknowledging favors of r1th
and r2th insts. Desires tents and portmanteaus forwarded at
once. Will investigate the matter of camp kettles.
Vol. vi, No. 68.
BARTLEY, JAMES, and SAMUEL EDMUNSTON:

1779.—June 16. Smith's Tavern.—Desiring a return of wagons
and horses in the Maryland line, also a few necessary remarks
upon their condition. Vol. vi No: 7a:

BERRY, SIDNEY (Col.):

1779.—/June 3.—Ordering him to make certain sales and settle-
ments connected with the breaking up of camp.
Voli-vi; Nox x2:

1779.—June 23. New Windsor.—Acknowledging favor of rgth.
Undoubtedly his right to dispose of public property left at
Mr. Wallace’s. General paid him (Mr. Wallace) $10,000 for
rent and for any inconvenience he was subject to from the
General’s residing with him; no other inhabitant received any
compensation for use of his house. Requests him to dispose
of the huts and other public property in the best manner for
the interest of the public ; better dispose of boards at private
sale. Vol. vi, No. 88.

BIDDLE, CLEMENT (Col.):

1779.—September 20. West Point.—Col. Clarke under marching
orders for South Carolina. Asks Col. Biddle to give him a
supply of money to furnish him with forage on the road.
Vol. iv, No. 26.
BowEN, Epuraim (Col.):
1779.—/une 6. Ringwood.—Acknowledging letter of 3oth ult.
Assuring him that he will have every advantage which the
other deputies enjoy. Gen. Gates’ consequence shall never
be injured in future by having his letters enclosed in Col.
Bowen’s. Money to be forwarded to him in five or six days.
Vol, vi, Nooas:

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 263

BowEN, Epuraim (Col.) (continued):

. 1779.—June 13. Smith's Tavern.—Acknowledging his favor of
8th inst. with enclosed petition, which shall be sent to Gen.
Sullivan. Reasons for thinking he will not grant it. Benefits
allowed captors. Vol. vi, No. 61.

1779.—June 28. New Windsor.—Acknowledging favor of 21st
inst. Has consulted Gen. Washington upon the subject of the
Rhode Island expedition ; says he knows of no such expedition
either having been ordered by Congress or otherwise author-
ized. Warns him, therefore, not to take a single step without
written orders to justify his conduct; this will secure him in
the future. Vol. vi, No. 92.

Brown, WILLIAM (Dr.):

1779.—/June 27.. Smith's Clove.—Orders from Gov. Livingston

and Gen. Washington to remove the sick out of the barns of

the inhabitants of New Jersey and to apply to Col. Berry to

- provide them with quarters in the barracks and public build-

ings in Pluckemin. These accommodations very inconveni-

ent and improper for the purpose, but necessity compels their
removal there. Vol. vi, No. 94.

BRUEN (Capt.) :
1779.—/une 2. Camp.—Ordering him to collect and send to

Pluckemin all-the boards and materials, etc., from the bar-
racks, and then follow the army. Vol. vi; Nox.13.

BUTLER, ((€ol:)*

1779.—/une 20. Smith's Tavern.—In receipt of his favor that
morning. Horses with pack-saddles ordered to attend his
party. ; Vol. vi, No: 74.

CuasE, THomas (Col.):

1779.—/June rz. Smith's Tavern.—Acknowledging favor of 31st
ult. Refuses responsibility in settling Mr. Pincheon’s affair.
Want of attention shown by the States to the business of the
department. Vol. vi, No. 49.

1779.—/une 30. New IWaindsor.—In receipt of alarming Jetter
from Board of War, relative to a quantity of lead failing to
come on from Boston ; it must be got on at any cost; a fail-
ure may be attended with dreadful consequences. If unable

264 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

CuaseE, THomas (Col.) (continued ) :

to procure teams, must call on Mr. Smith of Springfield, Mr. -
Hubbard of Hartford, for assistance. Admires Gen. Heath’s
tent ; wishes four or five like it. Vol. vi, No. rog.

1779.—September 29. West Point.—Sorry to inform him that
there is great complaint against him in the Commissary Gen-
eral’s department for want of teams to bring forward the pub-
lic stores to West Point; does not understand the reason of
this, the roads being good and teams plentiful. Sets forth the
serious harm resulting from any delay in hurrying forward the
stores. Vol. iv, No. 27.

CLINTON, GEORGE (Gov.):

1779.—June 28. Smith's Clove.—Col. Hay in immediate want of

about $100,000; begs the Governor to loan that sum to the

department, promising to replace it in a week or two in the

treasury. Most of the money to be appropriated for the In-

dian expedition. Col. Hay will avait upon him for an answer.
Vol. vi, No. 97.

Cox, JoHN (Col.):

1779.—/June 6. Ringwood.—Enemy’s designs difficult to interpret
from his movements ; they have fallen back to King’s Ferry
again, after being in full view of fortifications at West Point,
without attempting to make any impression upon the works.
Loss of a little fort by Gen. McDougal on the east side of
King’s Ferry. Enemy’s purpose to cut off their communica-
tion with the Eastern States. Difficulty of subsisting their
cattle and keeping up the necessary transportation through
such a barren country. Plans for subsisting the troops in case
West Point is invested, and for transporting provisions and
forage. Necessity for removing clothing at Middlebrook as
fast as possible to somewhere back of Morristown.

Vol. vi, No. 27.

1779.—/June 9. Camp, Smith's Tavern.—Acknowledging favor of
4th inst. Will rest satisfied in full expectation of plentiful sup-
ply of stores. Will lay his letter before the General in order to
have an officer appointed to the command of the watermen ;
conflicting accounts from that quarter. Directions as to for-
warding the stores back into the country from Middlebrook.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 265

Cox, JoHN (Col.) (continued ) :

Enemy making no attempt on West Point, but fortifying
King’s Ferry. Vol. vi, No. 37.

1779.—/June 74. Smith's Tavern.—Business of enlisting wagoners
must be pursued with more vigor; if they cannot be had at
the present rate of payment, it must be raised.
Vol. vi, No. 65.

1779-—June 20. Smith’s Tavern.—Desiring him to make such
arrangements at Middlebrook as _ will render Col. Thomson’s
further stay there unnecessary. Will change position again
immediately if enemy fall across the river. Needs of the
Eastern army. Vol. vi, No. 80.

DEPUTIES OF THE QUARTERMASTER’S DEPARTMENT [Circular
Better):

1779.—June 26. Smith's Tavern.—Enclosing a copy of a letter
from Hon. John Dickinson, Roger Sherman, Nathaniel Scud-
der, Esqs., members of Congress, a committee appointed for
superintending the staff department of the army. Explains
the design of this letter and also the returns expected of them
inreply. Committee anxious to have this information without
the least unnecessary delay. Vol. vi; No. 73:

DICKINSON, JOHN, AND OTHERS:

1779.—/June 13. Smith's Tavern.—Acknowledging favor of 7th
inst. Promising to furnish them with the returns and infor-
mation concerning the plan and economy of the quartermaster’s
department. His health on the decline. Vol. vi, No. 58.

FINNIE, WILLIAM (Col.) :

1779.—fune 22. Smith's Tavern.—Acknowledging favor of 29th
ult., and likewise a letter from Mr. Webb respecting the pro-
priety of Col. Finnie’s conduct. Will lay the letter before
Gen. Washington, in order to disabuse his mind of any preju-
dice. Requests punctuality in the returns. Vol. vi, No. 85.

FuRMAN, Moore:
1779.—/fune 6. Ringwood—Detailed orders concerning the for-
warding of provisions on the Sussex route. Vol. vi, No. 16.
1779.—/une 9. Camp, Smith's Clove.—Acknowledging favor of
5th inst. Will endeavor to send back teams to bring on the

266 CALENDAR OF THE GREENE CORRESPONDENCE. | [April 6,

Furman, Moore (continued ) :

provisions. Repeats his plan of dividing the route into stages.
Advises removing stores at Pluckemin to Susquehanna or
Pittstown, should enemy invade New Jersey. Grain or no
grain, the provisions #wsf come on to the army ; if necessary,
the cattle must eat grass. Volgvi, No. 36:

1779.—June 12. Smith's Tavern.—Acknowledging favor of gth
inst. No objections to Mr. Lewis, if he is satisfactory in his
work ; Mr. Abeel’s and Mr. Lewis’ disagreements not a suffi-
cient reason for dismissing the latter. Account of measures
he adopted during Mr. Lewis’ illness. Plan for facilitating
the transportation of stores. Situation disagreeable, owing to
want of money. Vol. vi, No. 53.

1779.—/June 21. Smith's Tavern.—Acknowledging favor of r2th
inst. Inconvenience of not knowing what the next move-
ment will be. Even the General, although acting on the de-
fensive, cannot determine this point, for it all depends on the
enemy’s movements. Wants pasture for horses provided
along the route from Middlebrook. Herculean task on their
hands. Afraid good news from the South will turn out to be
false. Vol. vi, No. 86.

1779.—/June 24.—Accepting his resignation as deputy quarter-
master-general for the State of New Jersey. Sorry that the
late oppressive law in his State, dangerous to the rights of citi-
zens as well as to the privileges of officers, has forced him to
this measure. Begs him to continue to manage the business
in his private capacity until he can appoint another, or until
Congress can remedy the effects of this unprecedented meas-
ure. Vol. vi, No. 89.
Gipson, GEORGE (Col.) :

1779.—September 27. West Point, Acknowledging his letter of
the 15th inst. with its inclosure. Maj. Blodget, not having
acquainted him with his borrowing a sulky of Col. Gibson,
has written to him on the subject, asking certain things about
it, to enable him to settle with Col. Gibson.

Vol. iv, No. 36.

GREENE, JACOB:

1779.-—June 6. Ringwood.—Order to furnish Col. Bowen with a
quantity of axes. Vol. vi, No. 29.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE, 267

Harrison, ALEX. TURNER (Col.) :

1779.—December 6.—Desiring him to engage a hundred wagoners

for one year, and telling him the terms he is to make.
Vol. xii, No. 6.

HarVvEY, JOHN:

1779.—September 29. West Point. Acknowledging favor of 1st
inst., recommending the appointment of Mr. Rice a deputy
quartermaster- general to the convention troops. Believes Mr.
Rice an honest man, but neither a good accountant nor well
versed in the forms of business. Vol. iv, No. 30.

Hay, Hawkes (Col.):

1779.—/June 20. Smith's Tavern.—Acknowledging letter of 16th
inst. Has written to Mr. Kearse to give him every assistance
in removing his family and things out of the way of the enemy.
Exceedingly sorry for his misfortune; offers any assistance in
his power; has Gen. Washington’s approbation for what he
is doing. Vol. vi, No. 79.

Hay, Upny (Col.):

1779.—/fune 9. Camp, Smith’s Clove.—His Excellency, Gen.
Washington, desires return of all the boats on North river.
Happy to hear of his success in the removal of stores. Ques-
tions of tents and canteens. Vol. iv, No. 35.

1779.—June rg. Smith’s Tavern.—Distressed for wagoners at
Middle Brook. Begs that he will send him all the carters
from his side of the river. Vol. vi, No. 69.

1779.—June 19. Fishkill—Directions of His Excellency con-
cerning the places at which to deposit the public stores.
Vol. vi, No. 76.

1779.—/June 20. Smith's Tavern.—Acknowledging letter of 14th
and 15th insts. Has sent to His Excellency for permission to
assist Col. Hawkes Hay in the removal of his family. Has
written the Board of War for copy of new regulations in the
Barrack department, and to Congress for a copy of resolution
respecting artificers. Vol. vi, No. 81.

1779.-—June 28. New Windsor.—Enclosing letter to Governor
Clinton. Forgot about it, owing to press of business.
(Copy) Vol. vi, No. ror.

bo
3
CO

CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

Hay, Upny (Col.) (continued ):
1779.—June 30. New Windsor.—Acknowledging favors of 28th,
29th and zoth. If Col. Hay cannot go on with the business,
he must make application for the aid of the line. Sorry he
did not succeed with Governor Clinton. However, if all other
sources fail, will furnish the horses himself, out of his own
much needed number. Mr. Pettit expects to send him (Col.
Hay) some money soon. Vol. vi, No. 99.
1779.—/June 30. New Windsor.—In receipt of alarming accounts
from the Board of War, they having been disappointed of a
quantity of lead expected from Boston; if any has arrived at
Fishkill or Claverack, wishes it forwarded to Newburg.
Vol. vi, No. 103.
1779.—July 8. New Windsor.—Acknowledging favor of the 8th,
concerning the advisability of punishing wagoners. ‘Thinks
on the whole, although some little good might result from
prompt punishment, yet the ensuing alarm would produce
more injury than benefit to the department.
Vol: x, No:*20;
1779.—July ro. New Windsor.—His Excellency’s orders that
the two Connecticut brigades shall be put in motion and
marched down toward Norwalk. Concerning flour and port-
manteaus for the brigades; also the teams to move their bag-
gage with the greatest dispatch. Volos ona.
1779.—September 27. West Point.—Acknowledging favor of 26th
inst. Urging him to employ every person he can muster to
aid in getting the boats ready. Will engage the artillery
artificers to assist in the business. Vol. iv, No. 33;

HOLuincswortH, Henry (Col.), and Cou. FINNIE:
1779.—September 29. West Point Garrison.—Informing them
that they have made no return of stores since the spring.
Rules of the department on the subject. Advises securing all
forage as early as possible. Vol. iv, No. 29.

Hooper, RoserrT iL. (Col-) :

1779.—/June 6. Ringwood.—Requesting his assistance in the
transportation of stores from Philadelphia by way of Easton
and Sussex. Enemy’s design to cut off the communication with
the New England States. Their particular object uncertain,

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 269

Hooper, Ropert L. (Col.) (continued):

but they have possessed themselves of King’s Ferry and are
fortifying there. Vole. viz, Nos 2:7:

1779.—/June 9. Camp, Smith's Clove.—Acknowledging favor of
6th inst. His ability to furnish roo barrels of flour a day for
two months, to be delivered at New Windsor. Question of
engaginy teams. Hopes Col. Hooper is mistaken with respect
to the provisions not being sent up to Wyoming, as Major
Claiborne’s and Col. Cox’s accounts on that subject are most
flattering. Enemy making no attempt upon West Point, but
fortifying at King’s Ferry. If necessary, apply to Col.
Mitchell for portmanteaus; desires twenty good express
horses, with pack-saddle on each. VolivigNo, 33:

1779.—June 15. Smith's Tavern.—Acknowiedging letters of 12th
inst. Will do all he can to procure a supply of money for
him. Pleased with the measures adopted in transportation ;
will make any sacrifice to insure Gen. Sullivan’s success. Ad-
vises the purchase of all the grain forage possible. Thanks
him for polite attention to Mr. Lott’s application.
Vol. vi, No. 71.

1779.—/une 26. Camp.—Acknowledging favor of 22d inst. Ad-
vises him to make frequent and urgent demands on the treasury
for money. Glad to hear Gen. Sullivan is on the march.
Hopes his success will be equal to the preparations for the ex-
pedition. Col. Mitchell directed to transport provisions from
Philadelphia to Easton. Plans for procuring teams, Oats will
be peculiarly acceptable. Vol. vi, No. 95.

1779.—/July ro. New Windsor.—Acknowledging favor of 7th
inst. Gen. Sullivan’s difficulties. Powers of Government too
feeble to execute the orders of Administration; a great mis-
fortune if Gen. Sullivan gets his army too unwieldy for the
nature of the service he is going on. Convulsions caused by
the late resolution of Congress and the tax-bill of New Jersey.
Enemy have plundered New Haven, burnt Fairfield, and are
now ranging the country, and committing all kinds of depreda-
tions. The militia of the country make them pay the price of
blood for every injury done to the inhabitants.

Volx, No srs:

270 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

HuepBarD, NEHEMIAH:

1779.—/une 11. Camp, Smith's Tavern in the Clove.—Acknowl-
edging letters of May 26 and June 2. Poor prospects of
enlisting wagoners. General plan concerning the transporta-
tion of flour from Hartford to Providence. Gen. Gates will
never forgive him if supply is short, as he has but little charity
for the staff department. Vol. vi, No. 46.

1779.—June 28. New Windsor.—Acknowledging favor of 24th
inst. Col. Hay and main army greatly distressed for want of
wagoners. Begs that he will pay particular attention to Col.
Hay’s wants. Assistance given to one another by the States.
Vol. vi, No. 93.

1779.—June 30. New Windsor.—Board of War in urgent need of
a quantity of lead. Asks him to aid Col. Chase, if he is unable
to get the lead forward as soon as wanted.
Vol. vi, No. 106.
1779.—September 29. West Point.— Acknowledging favor of 27th,
and desiring him to push forward the public stores before the
wet season arrives. Will write to Mr. Pettit to forward him a
fresh supply of cash. Business of raising the sides of the
river scows. Glad Major Starr has not left the department.
Much obliged for the care Mr. Hubbard has taken of his
horse ; sorry he is in such wretched condition.
Vol. iv, No. 28:
Jay, JOHN:
1779.—/une 24. Smith's Clove.—Concerning a law passed by the
Legislature of the State of New Jersey for the express purpose
of taxing the assistant and deputy quartermasters-general ;
likely to produce disagreeable consequences; this arbitrary
imposition cannot fail to drive out of the department every
capable and trustworthy man. Mr. Furman has already
resigned and Col. Cox and Mr. Pettit only wait to know the
issue of a memorial presented to Congress. Should they
resign, will not be responsible for the terrible consequences,
neither will he take any fee or reward for his services in that
event. Has heard some doubts about the holding of his com-
mand. If, by serving on the staff, he should lose the honors
of the line he could never be repaid, nor could he ever serve
in the department during another campaign.
Vol. vi, No. 96.

CALENDAR OF THE GREENE CORRESPONDENCE. Died

Jay, JOHN (continued ) :

1779.—/une 30. New Windsor.—Acknowledging favor of the

16th. Thinks the act granting certain privileges to wagoners
in the public service will be attended with many advantages ;
explains why he thinks the other act relating to wagon-hire
impracticable. Vol. vi, Ne. 98.

KEARSE, BENJAMIN :

1779.—fune 20. Smith's Tavern.—Orders to furnish Col. Hay

with public wagons sufficient to remove his family and effects.
A large covering party necessary to protect them from the
enemy. Vol.vi, No. 77.

Lewis, JOSEPH:

1779.—/une 12. Smith's Tavern.—Owing to the illness of Mr.

Lewis, was obliged to call in the aid of the country to forward
the provisions. Now that he is restored to health, will send
Mr. Abeel word to leave the business entirely to him. Begs
that he and Mr. Abeel will lay aside their disputes and preju-
dices in order to promote the public welfare.

Vol. vi, No. 51.
Lewis, Morcan (Col.):

1779.—/June 10. Camp at Smith's Clove.—Gen. Washington has

written to Gen. Clinton to be in readiness for a certain move-
ment. Orders him to apply to Gen. Clinton to ascertain his
wants. ‘This business requiring utmost dispatch.

Vol. vi, No. 4r.

1779.—September 27. West Potnt.—Desiring him not to engage in

building his store until the garrison at West Point is furnished
with a sufficient quantity of boards to barrack the troops, which
must be sent on with all speed. Just received an order from
His Excellency, Gen. Washington, to order down all the flat-
boats from Albany ; not a moment’s time is to be lost, as the
General is in hourly expectation of Count d’Estaing’s arrival,
when the boats will be wanted immediately.
Vol: iv, No.34-

McDoucaL, ALEXANDER (Gen.):

1779.—fJune 21. Smith's Tavern.—Enclosing copy of letter from ,

Col. Hugh Hughes, respecting a blacksmith ; both Gen. Wash-
ington’s and Gen, Parsons’ opinion that he ought to be re-

PROC. AMER. PHILOS. SOC. XXXIx. 162. R. PRINTED JULY 12, 1900

272 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

McDouca.L, ALEXANDER (Gen.) (continued) :

moved ; as the appointment was given him by Gen. McDougal,
wishes first his opinion on the subject. Vol. vi, No. 84.

MITCHELL, JOHN (Col.):

1779.—/June zz. Smith's Clove.—Acknowledging favor of 4th
inst. Happy that everything is in such promising train. Supply
of tents and portmanteaus needed. Concerning Lord Stirling’s
saddle. Policy of Congress is erroneous. Enemy fortifying
King’s Ferry with industry. Vol. vi, No. 45.

1779.—/une 15. Smith's Tavern.—His situation very disagreeable
owing to the condition of his tent, which is single and full of
holes. Gives directions for the making of a new one.
Vol. vi, No. 7o.
1779.—fJune 30. New Windsor.—Acknowledging favor of 19th
inst. Asking for further supply of tents and portmanteaus.
Still distressed for want of wagoners. Wages of expresses must
be advanced, if they cannot be retained at the present rate.
Higher pay given to the escorts creates mourning and com-
plaint. Greater part of enemy have left King’s Ferry and
gone down the river. Vol. vi, No. 107.

Morcan, Jacos (Col.):

1779.—June 13. Smith's Tavern.—Acknowledging favor of 5th
inst. Has no information concerning the arrival of the horses
and teams. Necessity of sending punctual returns. ‘
Vol. vi, No. 57.
Otis & HENLEY, Messrs. :

1779.—June 11. Smith's Tavern in the Clove.—Acknowledging
favors of roth, 12th, 13th, 17th, 21st and 22d of May. Hears
with mixture of pleasure and pain of the arrival of part of the
rice and the loss of a part of the vessels. Promises to impor-
tune the Board of Treasury unceasingly. Difficulty of procur-
ing proper supplies of cash. Mistaken policy of Congress has
brought the currency into a most disagreeable situation. Much
obliged for the wine purchased for the General.

Vol. vi, No. 43.

1779.—June 28. New Windsor.—Acknowledging favor of rath
inst. Number of suits woolen will make. No doubt of South-
ern news being authentic. Gen. Sullivan pushing into the

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. Die

Oris & HENLEY, Messrs. (continued ) :

Indian country—‘‘ the savages may expect to feel the resent-
ment of injured Americans. The blood of the innocent cries
for vengeance.’’ As soon as the British receive reinforcements
at New York, ‘the scene will open.”’ Vol. vi, No.’91.

PARSONS, SAMUEL H. (Gen.):

1779.—/une 10. Camp at Smith's Tavern.—Complaint by one of
the artificers at West Point that the allowance of rum and pro-
visions is insufficient, their labor being exceedingly hard.
Asks him to give such orders as he deems necessary.
Vol. vi, No. 40.

1779.—June 13. Smith's Tavern.—Acknowledging favor of 11th
inst. General not willing to let Mr. June go. Will use his
little influence for Mr. Bushwell. Accounts from Philadelphia
of Gen. Lincoln’s having defeated the British at South Caro-
lina, 1480 of the enemy said to be killed, wounded and taken
prisoners ; if true, will be a deadly stroke to the British forces.

Vol. vi, No. 54.

PATTERSON, WILLIAM (Col.):

1779.—fune rz. Smith's Tavern.—Acknowledging favor of 29th
ult. Ignorant of Gen. Washington’s reasons for declining to
continue him in employ, but will make further inquiry. All
public property must be delivered into the Quartermaster’s
hands. Will consult His Excellency about settling Col. Pat-
terson’s accounts. Sees by a letter of Col. Patterson’s that he
has been suspected of treasonable practices.

Vol. vi, No. 47.

1779.—June 21. Smith's Tavern.—Acknowledging favor of 7th
inst. from Cumberland. Did not propose an inferior commis-
sion out of respect for Col. Patterson’s feelings. Sorry to hear
that any of his deputies refused good advice ; shows bad dis-
position and want of principle. British emissaries very trouble-
some, especially so in Pennsylvania. In hopes that Gen. Sul-
livan will give the savage tribes a severe drubbing and ruin all
the Tory interest. Vol. vi, No. go.

PETTIT, CHARLES (Col.):

1779.—Lebruary 4. Middlebrook.—Pulaski’s Legion and their
march to Georgia. Want of money. Asks him to forward a

274 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

PetTIT, CHARLES (Col.) (continued ) :

considerable sum to Mr. Otis. Wants a quantity of duck from
Navy Board. Major Eyre’s duties concerning public ferries.
Extraordinary contract of Col. Hooper’s. Money due Mr.
Livingston for the rice. Rascality of Monmouth Justices, who
seek to avoid the law in respect to procuring forage. Price of
pack-saddles. He (Col. Pettit) is a great favorite of Mrs.
Greene's. Vol, xi, No."7.

1779.—June 9. Smith's Clove.—Thinks Major Blodget’s remarks
concerning the destruction of the vouchers are without founda-
tion; care taken to preserve all papers necessary to support
their accounts. Appointed Capt. Erskine captain to the ex-
presses, as the former captain had allowed intolerable negli-
gence to prevail. Sorry the supply of money sent is so small.
Messrs. Otis & Henley in pressing need of money. Enemy
still at King’s Ferry. Has been very unwell for several days,
but able to keep about. Vol. vi, No. 100.

1779.—June zo. Smith's Clove.—The bearer is sent by Mr. Bowen
for a large sum of money to enable Gen. Gates to make prep-
arations for another important expedition against Rhode Island.
Asks that he may be given a liberal supply, and with as much
dispatch as possible, the business being important.
Vol. vi, No. 39.

1779.—June 11. Smith's Tavern.—Obliged to urge fresh demands
for cash. Requests him to pay speedy attention to the de-
mands of Messrs. Otis & Henley. Vol. vi, No. 48.

«779.—fune 20. Smith's Tavern. —Concerning Mr. Thomas
Greene, whose accounts he asks may be settled for certain
services in the Quartermaster’s department.

Vol. vi, No. 75.

1779.—/une 30. Vew Windsor.—Gen. Washington has moved his
quarters to New Windsor, visiting West Point nearly every day
and usually requiring Gen. Greene’s attendance. Also he has
been one of a Board of General Officers to decide upon the
cases of a number of officers escaped from the enemy and
charged by them with breach of parole. The affair of the tax
in New Jersey. Resignation of Mr. Furman. Sympathizes
with Col. Pettit in his terribly embarrassed state. Artificers

1900.] OALENDAR OF THE GREENE CORRESPONDENCE, 275

PETTIT, CHARLES (Col.) (continued ) :

ready to mutiny for certain rights. Resolve of Congress, fixing
the wages of wagon hire, totally ineffectual. Must not let army
suffer for a little paltry saving. Alarming state of the fixed
ammunition. Want of lead from Boston, Sir Harry Clinton
has drawn off greater part of his force from King’s Ferry, leav-
ing strongly fortified garrison; has fallen down towards New
York; ignorant where he is or what he is about. Will cost
4 300,000 to complete fortifications at West Point. No official
news from South Carolina; tired of changing his opinion on
the subject. Vol. vi, No. 1o2:

1779.—July 24. West Point.—-Acknowledging letters of 16th and
and 17th insts. Late resolutions of Congress, putting the staff
wholly in the power of the executive officers of each State,
will give finishing stroke to their department. Discusses the
alarming results if he (Gen. Greene) is to be excluded from
the honors of the line ; will quit the department at once; his
rank preserved by Act of Congress and his claim a just one.
Gov. Read and other members likely to feel the effects of that
jealousy among the people, which they have been so industri-
ous in promoting. NVoliyxt,, Nos-5:

1779.—July 29. West Point.—Tyrannical Act of Congress con-
cerning the staff; cannot think of it without falling into a
passion ; number of resignations caused by it. Late Act of
Congress, of gth inst., more mischievous in its consequences.
Unless repealed, Col. Hay and all those acting under him will
resign. Staff painted in such black colors by Congress that
the resulting distress among the people makes all business ex-
tremely difficult ; has written his sentiments to Congress, so
that if they do sin, it willbe with their eyes open. Any action
taken respecting Col. Coxe’s resignation? Settling of accounts
an important matter. Col. Biddle must have money; as
everything depends upon forage department ; he also is de-
termined to resign. Lord Cornwallis just arrived from Eng-
land to take command of the British army. Sir William
Erskine gone home. British army drawing all their forces to
York Island; main body of American army at West Point,
but a detachment covers Connecticut and another New Jersey ;
one under Lord Stirling, the other under Gen. Howe. Seri-

276 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

PETTIT, CHARLES (Col.) (continued ) :

ously alarmed for the Indian expedition, it progresses so
slowly ; thinks Tioga will terminate the affair. Raid of party
of Indians under command of Brand. Duke de Sally’s repu-
tation of always being unsuccesssful will be confirmed, if
he allows Indians to ravage frontiers. Vol.-xi;, No: 4.

1779.—LVovember 6. West Point.—Ship-carpenters from Philadel-
phiasent for by His Excellency’s expresscommand. Concern-
ing the wages of these men and other workmen. Some lib-
eral and proper provision must be made for the understaff, if
they are to stay. Disbursements he has been obliged to make ;
short of funds himself. Requests for money from Col. Lewis
and Messrs. Otis and Henley. Expenditure swelled by the
preparations for the New York expedition. Has distributed
the little tracts upon finance among good judges.

Vol. xi, No. 2.

1779.—Vovember 12. West Point.—Asking that he send a sup-
ply of money by Mr. Eayers, the bearer, to Mr. Smith, of
Springfield ; importance of this matter. Vol: x1, Novos:

1779.—December 14. Morristown.—Enclosing a copy of a letter
from Gen. Washington, and an extract of a letter from the Board
of War, by which he will see the route of the Virginia troops.
Number of wagons ordered, and those still wanted, to go with
the Virginia troops. Mr. Hollingsworth must have the neces-
sary shipping provided to carry the troops from Head of Elk
to Petersburg. Col. Pettit must furnish Captain Young with
cash, as he is to accompany the troops on their march as
deputy quartermaster-general. Vol. xii, No. 5.

PICKERING, TiMoTHy( Col.):
1779.—/une 20. Smith's Tavern.—Asking for information re-

specting the late regulations in the barrack department.
Vol. vi, No. 82.
Ross, GEORGE:
1779.—/June 13. Smith's Tavern.—Acknowledging favor of 23d
ult. Exceedingly distressed for want of carters. Has not
yet received his monthly returns ; must insist upon them being
sent at the close of every month. Vol. vi, No.56.

1900. J CALENDAR OF THE GREENE CORRESPONDENCE. AUG

SHERIFF, CORNELIUS (Col.):

1779.—/une 9. Camp, Smith's Clove.—Acknowledging favor of
3d inst. Recommending particular attention and great exer-
tion in the matter of transporting stores. Resolution of Con-
gress concerning the commission in the quartermaster’s depart-
ment. If he draws commission, must pay and subsist his
assistant. Vol. vi, No. 36.

1779.—/July 12. New Windsor.—Acknowledging favor of the 4th,
with certain returns. States to what extent Col. Sheriff may
command Mr. Bond. Clothing for bateaux men. Enemy has
plundered New Haven and burned Fairfield; their ravages
inhuman and barbarous; their abuse to women exceeds all
description. Vol, :x,,.No: 19.

SICKELS, THOMAS:

1779.—June 13. Smith's Tavern.—Acknowledging favor of 7th
inst. The money he needed has gone on. Promises portman-
teaus shall be forwarded. Will ascertain price of clothing.
Wants omission rectified in his monthly return.

Vol. vi, No. 63.

SMITH, WILLIAM:

1779.—/June 13. Smith's Tavern.—Acknowledging letters of 9th
and 22d ult. and gth inst. Unfortunate mistake in sending
tents to Albany. Discovery made which will shorten the
route to Fishkill thirty miles. Money lost by not having
known it before. Sum of money on the way to Mr. Smith.
Compliments him on his punctuality. Hopes the wine sent
to His Excellency was cased, otherwise the carters would ruin
the quality by adulteration. Vol. v, No. 55.

1779.—/une 30. New Windsor.—In receipt of alarming letter
from Board of War, relative to the need of lead. Asking him
to make every exertion to aid Col. Chase in getting the lead
on from Boston to Springfield, otherwise the consequences
may be dreadful. Barrack-master department now under
charge of Quartermaster-general. Vol. vi, No. 108.

STARR, JOHN (Maj.):
1779.—/June 14. Smith's Tavern.—Has heard of a little dispute

between Col. Hay and Mr. Starr, respecting the distance each
should cart the provisions. Remonstrates with him for this

278 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

STARR, JOHN (Maj.) (continued) :
narrow point of view, pointing out how injurious it is to the
public interest. New York State heavily handicapped by the
enemy on the sea-coast and the savages on the frontier.
Vol. vi, No. 67.
1779—September 27, West Point.—Thinking that doubtless his
feelings were hurt at the complaint made by Mr. Merchant
not long since, encloses copies of some of the letters which
passed on that occasion, showing that he (Greene) did not
neglect to do justice to Maj. Starr’s reputation.
Vol. iv, No. 35.
STEEL, ARCHIBALD :
1779.—Seplember 29. West Point.—-Taking him to task severely
for not sending any returns, and for not carrying out punctu-
ally the orders of Col. Broadhead. Vol. iy, No. 38

STEPHENS, WILLIAM:

1779.—July 12. New Windsor.—Acknowledging favor of 8th
inst. and accepting the offer of his services. Recommends
particular care in pasturing the horses, also an application to
Col. Hooper for smiths. Must apply to a magistrate in case
inhabitants refuse to deliver up any public property in their
hands. Vol. x,No: 24

SULLIVAN, JOHN (Gen.) :

1779.—/une 6. Ringwood.—Acknowledging favor of 2d _ inst.
Will see that he has the necessary tents. Gen. Clinton wan-
dering up and down the North river. Loss of a little fort on
the east side of King’s Ferry by Gen. McDougal. Return of
the British troops from Virginia. Enemy’s intentions in for-
tifying that side of King’s Ferry. Wishes Gen. Sullivan to
begin his operations, as that is the only glorious part of the
campaign which he has any expectations from.

Vol. vi, No. 28.

1779.—June 13. Smith's Tavern.—Enclosing a petition sent by
Mr. Ephraim Bowen; desires his orders on the subject.
Nothing new. Enemy still fortifying King’s Ferry.
Vol. vi, No. 59.
1779.—June 21. Smith's Tavern.—Speaking of the great hopes
placed in the expedition directed by Gen. Sullivan ; has done

1900. ] CALENDAR OF THE GREENE CORRESPONDENCE. 279

SULLIVAN, JOHN (Gen.) (continued ) :

everything, therefore, in his power to give dispatch and suc-
cess to his measures ; has Gen. Sullivan’s glory and honor very
much at heart. Nothing new. Gen. Clinton at King’s Ferry.
Good news from southward likely to prove untrue.
Vol. viz. Non 83:
THOMPSON, JAMES (Col.):
1779.—/une 9. Smith's Tavern in the Clove-—Acknowledging
favors of 5th, 6th and 7th inst. Wishes him to continue
where he is, until the teams are all made up and the stores got
away ; also to apply to Mr. Berry for necessary teams. Does
not want a great many stores lodged at the Park ; too much ex-
posed to an incursion of the enemy.
[Copy.] Vol. vi, No. 34.
1779.—June 14. Smith's Tavern.—Difficulty in procuring wagon-
ers. Surprised at Col. Mitchell’s sending teams without
teamsters, as they are quite useless. Desires him to come to
camp as soon as the stores are removed from Middlebrook:
Vol. vi, No. 66.

1779.—June 20. Smith's Tavern.—Acknowledging favor of 15th
inst. Proper pains not taken to procure wagoners. Will
put the business on another footing in future. Requests him
to come immediately to camp as soon as he shall be relieved
by Col. Cox or his substitute. Number of teams he must
bring on with him. Vol. vi, No. 78.

1779.—July 73. New Windsor.—Demand for flour to the west of
North river greater than it has been for sometime. Finds it
necessary to increase the transportation of flour from Chester
to Newburg, therefore begs him to order twenty teams to
Chester. Vol. iii, No. 65.

WaDE, FRANcis (Col.):

1779.—September 29. West Potnt,—Requesting him to send in re-

turns immediately, as he has received none since March.
Vol. iv, No. 32.

War, BoarD OF:

1779.—June 3c. New Windsor.—Acknowledging favor of 25th
inst. Will use every exertion to forward the lead to Boston.
If he had been informed of the business earlier, this crisis
might have been avoided. Vol. vi, No. 104.

280 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

WASHINGTON, GEORGE (Gen.):

1779.—/une 7.—Asking for a new order to prevent each regiment
having so many wagons, and to keep women and lazy soldiers
from riding in them. Volsvi; (Nor Sr:

1779.—/une tz. Smith's Tavern.—Desires the artificers will not
be used in laying floors to tents; they are needed elsewhere,
and also the floors will increase the baggage of the army, the
officers being loth to leave them behind. . Vol. vi, No. 50.

WEIss, JACOB:

1779.—/une 3.—Ordering him to keep certain stores for the army
and to forward others to Pluckemin, and then follow the army.
Vol. vi, INo.n4:

1779.—June ro. Camp, Smith's Clove.—Orders concerning the
transportation of stores; let proper assortment come on at
once to the army. Asks that an oil cloth he left behind may
be forwarded. Vol. vi, No. 42.

1779.—/June 13. Smith's Tavern.—Acknowledging letter of gth
inst. Tents for Gen. Sullivan wanted at once.
Vol. vi, No. 60.
UNKNOWN CORRESPONDENTS:
1779.—february 77. Raritan.—Not possible to carry on a Canada
expedition with any prospect of success. Countermands cer-
tain orders and renews others. Vol. iv, No. 37.

1779.—/June 137. Smith's Tavern.—His Excellency will write con-
cerning an officer to superintend the bateaux service. No blame
due him on account of the teams not coming in faster. Hopes
to feed the army without much difficulty. Comparative power
of Pennsylvania and New Jersey to furnish teams. Col. Hooper
engaged in arranging this matter upon the Sussex route. Flat-
bottom boats to be repaired. ‘Treasury Board responsible for
the unmerited disgrace that the department has been loaded
with. Tents needed. Suffering with pain in his breast owing
to constant writing ; hopes he will relieve him soon.

Vol. vi, No. 62.

1779.—/une 30. New Windsor.—Setting forth the necessity of
keeping and transmitting accounts of the time the expresses
ride public horses, in order to prevent certain impositions.
Necessary for every assistant to have a copy of this order.
[Circular letter.] Vol. vi, No. 105.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 281

UNKNOWN CORRESPONDENTS (continued ) :

1779.—/July 14. New Windsor.—Acknowledging letter of 8th inst.
enclosing returns, etc. Repeats the necessity of keeping no one
on pay whose services can possibly be dispensed with. Arrival
of Glover’s Brigade will be a timely one, Connecticut being in
deepest distress. Asks for certain accounts. Refers him to
Maj. Olney for news. Vol. x, No. 16.

[Fragment of a letter]:

Number of men to be employed in the neighborhood of the

navigable rivers in the Middle and Southern States. Duties

of those employed in the Western expedition. Committee

desires estimate of the cost for one year of such an army.
Vol: x, Noi so;

MISCELLANEOUS LETTERS.

ABEEL, JAMES F. (Col.), to BRown, BENJAMIN:

1779.—/une 7. Morristown.—WHas received and followed Gen.
Greene’s directions. Number of wagons sent forward. No
forage to be had except hay. Vol. vii, No. 46.

To CLAIBORNE, RICHARD (Maj.):

1779.—/January 14. Morristown.—Acknowledging his favor with
Col. Livingston’s enclosure. Desires Mr. Weiss to forward all
the old axes as soon as possible. Vol., ix; No: 1:

To ForsyTH, ROBERT (Col.):

1779.—/anuary 18. Morristown.—Asking him to give a fresh horse
to bearer, who is going express to His Excellency with a letter
of great importance. Vol. viii, No. 2.

1779.—/anuary 23. Morristown.—Will send a number of sleds,
more on Monday; also Lord Stirling’s carry-all and one of
the same kind for Gen. Greene, if he wishes it. Will forward
the glass and an invoice of goods sent.
Vol: in, Now 2:

1779.-—Lfebruary 3. Morristown.—Acknowledging favor of 1st
inst. enclosing letter for Miss Livingston. Promising to send
certain articles. Vol. ix, Now2.

282 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

To ForsyTH, RoBert (Col.) (continued ) :

1779.—Lebruary 7. Morristown.—Acknowledging favor of 6th
inst. Promising to send him his pair of boots and the candle-
sticks in a few days. Sends by bearer twelve private locks, as
Gen. Greene will no doubt take a fancy to them. Hopes the
General is in camp, as he needs money and can do no business
without it. Vol. iv, No. 1.

To MAxwELL, WILLIAM (Gen.) :

1779.-—May 6. Morristown.—Question of tents. Forbidden to
issue horsemen’s tents without particular orders from Gen.
Greene. Has an elegant marquee ready for Gen. Maxwell.
Vol. vii, No. Br.
To OLNEY, GEORGE:

1779.—May 14. Morristown.—Sending the long-wished-for re-
turns by the bearer, Mr. Maerschalk. Has completed Gen.
Maxwell’s order. Vol. vii, No. 94.

To UNKNOWN CORRESPONDENT:

1779.—/January 18. Morristown.—Sending him six sleds of dif-
ferent sorts and asking his opinion of them. Entire sixty will
be completed in a day or two. Vol. wit, (No.2.

ADAMS, S., to COMMISSIONERS OF THE Navy Boarp:

1779.—February 1. Philadelphia.—Asking that, if the sail-duck
can be spared without prejudice to the navy, they will furnish
Gen. Greene with 400 pieces. [Copy.] Vol. iv, No. 8r.

BARNES, JOHN (Lieut.), to Capt, Gray:
1779.—April z.—Order to mend the bearer’s gun.
Vol. xii, No. 105.
BARTLEY, JAMES, to ANY ARTIFICER:

1778.—December 20.—Orders to shoe three horses belonging to
Gen. Muhlenberg’s brigade. Vol. xii, No. 93:

BELDING, SIMEON (Col.), to GEORGE OLNEY:

1779.—lVovember 7. Camp, Drake's House.—Acknowledging his
note by Major Troop. Will do all in his power to furnish the
forage ordered by Gen. Greene. Vol. ix, No-1s.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 288

~ Betts; WILLIAM M., to Cot. Upny Hay:

1779.—October 10. Fishkill.—Acknowledging his favor of the 6th
inst., but unable to concur in sentiments with the other gentle-
men, his assistants. Honored by his approbation, and has
given his arguments the strictest attention, but does not think
it right to make a complete sacrifice of his interest. Unfair
treatment they have received. Gratitude and friendship for
Col. Hay, and should he be embarrassed by his resignation on
November to, he promises ‘‘ to continue some little time after,
but his services shall be rendered gratis, on the score of friend-
ship, not as a public officer.”’ Vol. iii, No. 58.

Betts, WiLtiAM M. (and other assistant deputy quarter-
master-generals), to Cot. Upny Hay:

t779.—October 5. Fishkill.—A protest against their treatment in
the department. Comparing their present state with that
upon which they first undertook the work, and their pay and
privileges with those of other officers. Announcing their
willingness to serve until November ro, at which time they
are fully determined to resign, unless some provision is made
adequate to their services. Vol. iii, No. 54.

1779.—October 8. Fishkill.—Acknowledging his favor of the 6th
inst., and expressing pleasure at his approbation of their prin-
ciples and conduct. Their attachment to their country and
their obligations to him, have decided them to remain until
the close of the campaign; but they earnestly request his in-
fluence in obtaining a more generous establishment for the
department. Voll i, No. 56:

Bevan, Davis, to Cou. PETTIT:

t778.—October 24. Philadelphia.—Has written several times
begging him to honor an account; as he really needs the
money ; will take his compliance as a singular favor.
Vol. viii, No. 6.

BIDDLE, CLEMENT (Col.), to Mayor IcHABOD BURNET (aide-
de-camp to Gen. Greene) :

1778.—Vovember 8. Quaker Hill—Concerning the supply of
grain in various quarters. Volk. x; Noss.

284 CALENDAR OF THE GREENE CORRESPONDENCE. [April6,

BIDDLE, OWEN, to CoL. PETTIT: : :
1779.—May 18. Philadelphia.—Reluctant to make such large
demands on him, but it is absolutely requisite that they be
furnished with the enclosed estimate. No forage can be pro-
cured without money, and no horses supported without forage.
Vol. v, No. 20.
1779.-—Vovember 5.—Copy of this letter enclosed to the President
of Congress by Col. Pettit, to show the demands upon the
department and the lack of money to meet them.
[Copy.] Vol. ix, No. 1o1.
Binney, B. (Dr.), to Mayor Srory :
1779-—May ro. Somerset.—Has made an estimate of the number
of buildings needed for the sick, and finds that three large
barns will be necessary, as near Somerset Court-house as
possible. Vol. v, No. 42.
BLAND, THEODORIC (Col.), to Carr. RICE:
1779.—April 23. Headquarters, Charlottesville.—Col. William
Finnie failing to appear as ordered, requests and authorizes
Capt. Rice to take upon himself the management of the
Deputy Quartermaster-General’s department, until Col. Finnie
shall appear or give reasons for his non-appearance. Giving
him minute instructions as to his duties in the department.
Vol. v, No. 45.
Bostwick, ANDREW (Col.), to CoL. CLEMENT BIDDLE :
1779.—LVovember 7. Red Hook.—Acknowledging letter of 3d
inst., and expressing the utmost pain that the garrison at West
Point are suffering for want of forage. Reasons for this state
of things. Pressing need for money. Vol. iii, No. ro.
BoweEN, EPHRAIM, to Major IcHABOD BURNET:
1779.—Lebruary 16. Providence.—Acknowledging favor of gth
inst. Enough tents and knapsacks and cooking utensils for
the troops at Providence. Sends return of stores.
Vol. iv, No. 8.
BowEN, EPHRAIM (Col.), to OLNEY, GEORGE :
1779.—May 10. North Kingston.—Acknowledging letter with
returns and enclosures. Mr. Timmins embarked on ship
bound for New York. Gen. Gates is with him [Bowen].
Pestered for money from every quarter. Little matters of
business. Vol. vii, No. 62.

1900.) CALENDAR OF THE GREENE CORRESPONDENCE. 285

Brown, BENJAMIN, to Major Robert ForsyTH:

1779.—/January 29. Newark.—Would have returned to camp
long before; only waiting on account of expectations from
over the water. Refers to business with a certain person, a
friend of Major Forsyth’s, whom he has not yet been able to
see. Vol. viii, No. ro.

Brown (?), WitLiAm (Lieut.), to Capr. GEORGE GRaY :
1779.—A pri? 7-—Asking him to repair the bearer’s gun.
Vol. xii, Nox 25;

Burnet, IcHApop (Major), to Mayor Rosert ForsytTH :

1779.—/anuary 23.—Asking him to forward the enclosed papers
to his brother at Newark, as they are wanted for a particular
purpose. Vol. ili, No. 17.

1779.—/anuary 27. Philadelphia—Sending him his bridle by
bearer. Expects to leave Philadelphia by the following
Friday. Vol. viii, No. 11.

To Pettit, CHARLES (Col.) :

1779-—february 9o.—Gen. Greene anxious about returns from
office at Philadelphia, and requests him to forward copies of
all returns as soon as possible. Vol. xi, No. 6.

CALDWELL, JAMEs (Col.), to unknown correspondent :

1778.—September 27. Spring field.—Account of the appearance of
the enemy with eleven or twelve sail of brigs, sloops and row-
gallies heading toward Crain’s Ferry. The General not being
able to see their rear, and supposing they were coming in
force, called all the militia out and moved down in force to
receive them ; but they turned and stood up Newark bay and
then up Hackensack river; they had some supplies for the
troops there and will also render that river a defence by their
armed vessels. They have in their power near one-half of
Bergen county. Surmises as to their intentions, and detailing
their various movements. Vol. iv, No. rz.

CHALONER, JOHN, to JEREMIAH WADSWORTH :

1779.—October 27. Ringwood.—Injurious practice of feeding
horses with wheat in straw; mentions the matter that meas-
ures may be taken to prevent it. Vol. viii, No. 103.

286 CALENDAR OF THE GREENE CORRESPONDENCE, [April6,

CHASE, THOMAS, to GEORGE OLNEY:

1779.—October 4. Boston.—Acknowledging favor of September
18, and glad his accounts are satisfactory. No interference in
his department by the Executive power of the State. For a
long time has been amused by Count d’Estaing being on the
coast, but begins to despair. Vol. iii, No. 26.

CLAIBORNE, ROBERT, to CoL. ABEEL:

1779.—September 13. West Point.—Acknowledging his favor of
6th inst. to Gen. Greene. A Court of Inquiry ordered at
Morristown to investigate the business and charges between
Col. Claiborne and Mr. Lewis. Desires him to pay Mr.
Collis his wages. Vol. iv, No. 24.

To BETTs, WILLIAM M. :

1779.—September 17. West Point.—Acknowledging his favor of
same date. General wishes him to propose to the shipwrights
to continue a week longer upon their present standing ; but if
they decline, to discharge them. Vol. iii, No. 47.

1779.—September 19. West Point.—Acknowledging favor of 18th
inst. The General only wants the carpenters engaged for
one week more. If at the end of that time, no further direc-

tions are received, he can discharge them.
Vol. iii, No. 48.

To BURNSIDE,

1779.—fJune 21. Smith's Tavern.—Acknowledging letters of the

14th and 15th insts. to Gen. Greene. Certain directions

from Gen. Greene relative to the route the provisions must
take. Vol. vi, No. 87.

Wo. Cox, | Joun (Col.):
1779.—September 16. West Point.—The army is to be cantoned
and the greater part to quarter at the Scotch Plains. Gen.
Greene requests him to have 200,000 feet of boards deposited
at some convenient place in that neighborhood with dispatch
and secrecy. Vol..ix, No. 26;

1779.—ovember 5.—Directed by Gen. Greene to write him to
procure the cloth for the bags, but not to have them made until
he hears further from the General. Vol..viii, No. 16.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 287

CLAIBORNE, ROBERT (continued), to GRay (Capt.):
(No date.)—Order to shoe Dr. Thatcher’s horse.
Vol. xii, No. go.
TonERAY,cUpNY (Col:)':
1779.—LVovember 5.—By Gen. Greene’s order, writes to direct him
to send all the unemployed carpenters to West Point and to

send Capt. Mills with his company to King’s Ferry.
Vol. ix, No. 27.

1779.—November 15. West Point.—In Gen. Greene’s behalf, ac-
knowledges his favor of same date enclosing copy of a letter
‘from Col. Van de Burgh, respecting the wages of express-
riders. They are allowed $16 a day, find their own horses
and bear their own expenses. Demand for boards at King’s
Ferry. Vol. viii, No. 18.

To STODDERT, BENJAMIN:
1779.—September 13. West Point.—Directed by Gen. Greene to
acknowledge his favor of the 18th inst. with the enclosed re-
solve of Congress for erecting barracks at Rhode Island. The
General has given the necessary orders agreeable to the reso-
lution. Vol. viii, No. 15.

To THompson, JAMES (Col.):

1779.— September 29... West Poitnt.—In answer to his favor to Gen.
Greene, dated the 30th of September, asks him to furnish the
twelve wagons and teams called for from the line’ of the army
or from the Commissary’s department. Vol. iv, No. 12.

1779.—LVovember rz. West Point.—Directs him, by Gen.Greene’s
orders, to be at Fishkill the following day to attend a horse
sale, and to purchase wagon and express horses. Has referred
the Auditor of Accounts to him for two teams.
Vol. ‘viir, No. 17.
To WEIss, JACOB:
1779.—Scptember 17.—Acknowledging favor of the 3d inst. Direc-
tions regarding the returns of stores. Vol. ix, No. 25:

Ciay, M., to Capt. Gray:

1779.—April 7.—Orders to repair Charles Carter’s gun.
Vol. xi Nov 7s

PROC. AMER. PHILOS. SOC. XXXIX. 162. §. PRINTED JULY 17, 1900.

288 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

CLINTON, CHARLES (Capt.), to Cot. Morcan:

1779.—April 20. Fort Cumberland.—Has opened the road from
the above place to Turkey Foot, except four or five miles.
Money needed to pay hands. Enclosing survey.
[Copy.] Vol. vii, No. 202.

CLINTON, GEORGE (Gov.), to Hay, Upny (Col.):

1779.—lVovember 8. Fishkill.—Acknowledging favor of equal date
concerning the present dispute of the artificers about their
wages. If the representation made by them to the Governor
is true, he thinks their demands are reasonable. How far it
will be proper to comply with these demands, declines to de-
termine. Vol.dx,4No3 355.

To McDowEL, JAMEs:

1779.—/anuary 12. Poughkeepsie.—Informing him that Gen.
Washington will lay his case before Congress, who will no
doubt order an equitable compensation for his losses.
[Copy.], Vol. 1, No: a5:

CoLFrax, WILLIAM (Lieut.), to Maj. RoBert ForsyTH:

1779.—January 2. Headquarters.—Applies to him once again for
six pounds of nails and fifteen boards. Vol. viii, No. 19.

Cox, JoHNn (Col.), to Cot. Joun Davis:

1779.—July 28. Bloomsbury.—Acknowledging favor of 24th inst.
Gen. Hand’s extraordinary demand for horses to transport
stores to Wyoming. Cannot consent to Col. Davis’ complying
with such a request. Stores must go by boats.
Vol. ix, Noize:
To GALBREATH, ROBERT:

1779.—May 28. Camp.—Requesting him to proceed with the ©
utmost dispatch to Reading and other near-lying towns and
procure as many bags as possible, get a wagon and bring them
to camp. Vol. v, No. 86.

To Patron, ROBERT:

1779.— October 20. Bloomsbury.—Enclosing a long list of articles
wanted in the Quartermaster department for the next cam-
paign. Begging him to get the best materials and have them
ready to forward to camp by April 1.

Vol. ii, Nos. 2 and 3.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 289

Cox, Joun (Col.) (continued), to UNKNOWN CORRESPONDENTS :

1779.—/July 8. Philadelphia.—Circular letter to the deputies in
the Quartermaster department to the westward of the Dela-
ware, asking for a general return. Wolicxs Nop 28:
CROGHAN, WILLIAM (Major), to Capr. Gray:

1779.—<April ro.—Order to repair the bearer’s gun, which he has

had for two or three weeks. Vol. xii, No. 77.
(No date.)—Order for an iron rod to be made for his port-
manteau. Vol. xii, No. 110.

DABNEY, CHARLES ( Lieut.), to Capr. GRAY:

1778.— October 27.—Order to repair a gun belonging to Thomas
Collier. Vol. xii, No. gr.

Davis, JoHN, to Cot. CHARLES PETTIT:
1779.—Jay 22. Carlisle.—Acknowledging favor of 14th inst. with
$300,000. Demands on him for wagons and how he meets
them. Scarcity of forage. Difficulty of getting drivers ; need
not expect one, unless they are exempted from militia duty.
Vol. v, No. 47.
To UNKNOWN CORRESPONDENT:
1779.—May ro. Carlisle.—Acknowledging favor of 2d inst. Di-
rections respecting tents shall be strictly complied with. Alter-
ations in pack-saddles. Frightened to death about scarcity of
forage and difficulty of procuring wagons. Stores and pack-
horses to be sent forward. [Copy.] Vol. vii, No. roo.

Duri£, THomas, to ANDREW COLDCLUGH:

( No date.) —Orders from Gen. Greene not to deliver any for-

age to Capt. Prior of the artillery. Vole i5INOy 37:

EASTHAM, BRAXTON (Capt.), to Capr. Gray:
1778.—December 6.—Orders to shoe the bearer’s horse.

Vol. vii, No. 84.

1778.—December 29.—Order to shoe four horses belonging to Gen.

Muhlenberg’s brigade. Vol. xii; No: g6:

EICHELBERGER, GEORGE, to JACOB SHALLUS:

1779.—March 24. York.—Asking him to send a quantity of salt.
Vol. vii, No. 7.

290 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

ERSKINE, JOHN, to MajoR CLAIBORNE :

1779.—November 8. Mr. Southeriand’s.—Enclosing last weekly
report. Asking him to sign the blank appointments and send
them up at once. Wants to know the charges against Van
Court, whom Col. Claiborne has confined ; thinks he can assist
in the evidence against him. VolMix, No: 45.

To OLNEY, GEORGE:
1779.—Lovember 15. New Cornwall.—Enclosing last weekly
report; asks him to tell the General that after strict inquiry
into the expenses of the express-riders, he finds they will all
be willing to stay at $20.00 per day. Vol. xii, No. 9.

FERRIS, OWEN, to Cot. JOHN MITCHELL:

1779.—May 20. Germantown.—Sorry for the complaint lodged
against him. Insists that not a horse he purchased that year
but was in good order; but the last drove got mixed up with
some horses from Lancaster, hence the mistake.
WVols-v, No, 35-
FINLEY, E. (Capt.), to Carr. GRAY:

1778.—December 6.—Order to shoe various horses, and to puta
hook on one of the cannon. Vol. xii, No. 94.

FINNIE, WILLIAM, to CoL. HOLLINGSWORTH :

1779.-—May 12. Williamsburgh.—Acquainting him with Capt.
Barret’s return from Richmond with the lead, which is now
lying on James river and might as well be in the Gulf of
Florida. Sorry to inform him that the First Fort in Virginia
has fallen into the hands of the enemy, and with it all the
shipping in the harbor of Portsmouth and Norfolk and a
large quantity of stores. Town of Portsmouth in their pos-
session, Hampton will fall next, York and Williamsburgh in
great danger. Enemy landed above the fort at two different
places ; garrison, being weak, evacuated. Wishes information
as to the lead. Vol. vii, No. 83:

Fitcu, NATHANIEL, to CoL. JEREMIAH WADSWORTH :
1779.—October 25. Hartford.—Begging him to intercede with
Gen. Greene to get him discharged from the Continental
service, where he has worked as a blacksmith ; has a family of
six, who are sick and in want, and he is unable to support
them on $1.50 per day. Vol. viii, No. 105.

1900. ] CALENDAR OF THE GREENE CORRESPONDENCE. 291

FLEMING, SAMUEL, to UNKNOWN CORRESPONDENT :

1780.—January rz. Paramus.—Informing him of the disagree-
able necessity Col. Hart labors under for want of forage and
money. Vol. apNb.. 8:

FiLinT, Roya, to Major ForsyTH :

1779—/January z.—Asking to let his express take the enclosed,
and also to permit him to return with an account of the stores
from Mr. Steel. . Vol. viii, No. 23.

ForpD, JAMES (Foreman), to Cot. Upny Hay:

1779.—January 8. Fishkill. A petition from James Ford and

the men under him to the Colonel, begging that he will use

his influence to raise their wages; they cannot support their
families on their pay, the price of everything being so high.
Vol. viii, No. 24.

FuRMAN, Moore, to UNKNOWN CORRESPONDENT :

1779.—October 4. Pittstown.—Col. Biddle expected at Rariton the
next day. Object of his visit, the sending forward of all the
salt and flour in the District. Boats at Middlebrook all ready
to start. Hopes the gentle folks at New York will be dis-
turbed by their launching. Vol. iit, Noy 37.

1779.—October 18. Pittstown.—Enclosing receipt and a copy of
a certificate. Account of provisions sent to Gen. Sullivan.
Number of boards. Boats, harness and horses ready, but at a
loss about drivers. Unable to procure any one to visit the
posts and make return of commissary and other stores. Mat-
ter settled at Georgia. Vol. iii, No. 38.

1779.—October 19. Morristown.—Concerning the expresses and
their various stations. Will venture to order two or three
more to be fixed at Pompton. No reason in future for letters
not reaching Philadelphia with utmost safety and dispatch.
Vol. iii, No. 44.
1779.—October 29. Pittstown.—Is informed that he has heard
from Col. Berry of the damage done by the enemy on the
26th inst. Uneasy at the exposed situation of the forage.
Will make up horses wanted in Lord Stirling’s division.
Afraid to send boards to Quibbletown until there is a guard
there. Vol. viii, No. 31.

292 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

GAMBLE, R. (Capt.), to the ARMORER:

1779.-— October 16.—Order to mend the bearer’s ramrod.
Vol. xii, No. 69.

Gipps, C. (Major), to MAjor BENJAMIN Brown :

1779.—May 27. Headquarters.—Concerning payment for two
horses. Vol. v, No. 79.

Gipson, GEORGE, to Capt. GRAY:

1778.—December 30.—Order to shoe his horses.
Vol. xii, No. 86.
Gorpon, PETER (Major), to Mr. Brown :
1779.—May 217. Trenton.—Acknowledging favor of 2oth inst.
Has forwarded the boards, and will send oats and barley for
use of the General’s family. Difficult to get teams.
Vol. v, No. 49.
GREENE, WILLIAM (Gov.), to UNKNOWN CORRESPONDENT:
1779.—/January 15. Warwick.—Acknowledging his favor by Col.
Morgan. Moralizes on the appearance of luxury. Act en-
acted by General Assembly to force persons to sell articles
possessed by them for the use of the army. Steps which should
be taken by Congress to prevent further depreciation of money.
William Littlefield’s absence so prolonged that he has been
left out in the pay abstract. Vol. viii, No. 37.
Hate, D. (Major), to Major Ropert Forsytu :
1779.—/anuary 29. Hishkil/.—Enclosing the two letters which he
apologizes for having shamefully neglected to deliver in Phila-
delphia. Will send yellow ochre and tin by a return express.
Character of Col. Hay’s stallion. Vol. 1, No. t:
HA.., Joun, to Mayor Ropert Forsytu :
1779.—/January 27. Philadeiphia.—By direction of Col. Mitchell,
forwards pair of canteens for Lord Sterling.

Vol. viii, No. 71.
1779.—Lebruary r. Philadelphia.—Asking that the enclosed
letter be forwarded as speedily as possible, by a safe hand.

Vol. ix, No. 78.
1779.—Lebruary 2. Philadelphia.—Asking him to see that the

bearer, Mr. Alexander White, wagon-master, delivers a box of
glass to Gen. Knox. Vel. i, No. 2.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 293

HAMILTON, ALEXANDER, to Major BuRNET:

1780.—January 28.—The General considers the application un-
usual, and does not think it proper to comply with it.

Vol. i, No. 3.
To UNKNOWN CORRESPONDENT :

1779.—May 31. Middlebrook.—Bidding him at the General’s
request to send some discreet person to ascertain the number
of boats on the river. Vol. vi, No. 18.

HANSEN, Peter, to Cot. Hay:

1779.—Lishkill. April 9.—Sends him at his request an account of
clothing. Voli xi, No: 26,

Harrison, Ropert H. (Col.), to UNKNOWN CORRESPONDENT :

1780.—January 25.—Requesting him to transmit to His Excel-
lency a return of the number of expresses employed in ser-
vice. Vol. i, No. 9.

1780.—february 24.—Introducing the bearer, Daniel Halsey, an
old soldier, who has a strong desire to become one of his ex-
presses. Voli, Now rE.

Haws, SAMUEL (Col.), to Capt. GRAY:

(No date.)—Order to repair the bearer’s bayonet.
Vol. xii, No. 88.

Hay, Upny (Col.), to OFFICERS OF ARTIFICERS :

1779.—LVovember 2. Fishkill.—Surprised at the ungenerous ad-
vantage taken of the public by the artificers in demanding
higher wages.. Desires to have a return of those who will and
those who will not remain, that others may be employed in
place of the latter. [Copy.] Vol. ix, No. 52.

To Betts, WiLu1AM M., and other AssISTANT QuAR-
TERMASTER-GENERALS :

1779.—October 6. Fishkil/--Acknowledging their favor and
agreeing with them in the justice of their complaint. Begs
them, however, not to desert their country at such a critical
moment, but to remain until the close of the campaign,
promising to do his best then to obtain some satisfaction for
their grievances. Vol. iii, No. 55.

294 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

Hay, Upny, (Col.) (continued), to CLINTON, GEORGE (Goy.):

1779.—/anuary 20. Fishkill—Setting forth the difficulties of
procuring teams for public service, and the unpleasant conse-
quences of not getting a sufficient number of them. A most
alarming circumstance is that the interest of the country and
the interest of the army appear to be totally opposite to each
other. ‘Takes the liberty of laying before His Excellency cer-
tain hints which might, if the Legislature thought fit, aid
matters. Pressing and immediate need of something being
done. Vol. iv, No. 56.

To ForsyTH, Ropert (Maj.) :

1779.—/January 3. Lishkill_—Acknowledging favor of 26th De-

cember, respecting artificers in Lieut. Bolton’s company. Will

look into their complaints and, if just, they shall be redressed.
Vol. viii, No. 57.

1779.—January 21. Fishkill.—Acknowledging favor of 14th inst,
Sends the tin by Dr. Latimer. Cannot recommend his black
horse which, like many of the fair sex, is slow and cannot
bear fatigue. Vol. vii, No. 57:

1779.—February 11. LFishkit?l.—The bearer, Capt. Degrave, is
charged with letters to Gen. Greene, requesting a supply of
cash. Wants to know if he could let the bearer have $30,000.
and forward the letters to Gen. Greene. Vol. iv, No. 62.

To Jay, SIR JAMES:

1779.—Lebruary 21.—Fishkill, Takes the liberty of making ob-
servations on the bill now under the consideration of the Legis-
lature for regulating the impress of carriages for the army ;
makes certain suggestions and amendments. ‘Thanks him and
other gentlemen of the Legislature for the indulgence he has.
met with on this subject. Vol. iv, No. 60.

To Pyncuon, GeorcE (A. D. Q. M. G. at Spring-
field) :

1778.—May 27. Fishkill.—Concerning the building of three
scows and one bateaux. Gen. Greene has ordered the matter
to be put in execution immediately. Vol. xi, No. 89.

1900. ] CALENDAR OF THE GREENE CORRESPONDENCE. 295

Hay, Upny (Col.) (continued), to UNKNOWN CORRESPONDENT :
1779.—/January 23. LFishkill,—Desiring to know the number and
situation of tents the recipient of this letter has drawn.
[Circular letter.] Vol. ix, No. 47.
1779.—Lebruary 13. &ishkill.—Detailed orders concerning re-
turns and accounts. [Circular letter.] Vol. ix, No. 48.

Ho.pron, JOHN (Supt.), to Capt. MITCHELL :

1779.— October 26. Newburgh.—Informing him of the decision of
the ferrymen, who will quit work on November 17, unless
they get better wages. [Copy.] Vol. viii, No. 58.

HoLiincsworTH, HEnry (Col.), to OWEN BIDDLE:

1778.—December 30. Head of Elk.—Acknowledging favor of
18th inst. Details concerning the forwarding of forage. Pro-
tests vehemently against the numerous unauthorized purchas-
ers of forage; disastrous consequences of their conduct; asks
that measures may be taken to prevent this abuse. America
has baffled Britain by bravery and virtue, and in the same
year is on the verge of ruin, [Copy] Vol. vii, sNo: 26,

To Byas, STANDLEY :
1778.—Vovember 29. Head of E’k.—Appointing Mr. Byas assist-
ant purchaser of forage, and setting forth his duties in that
position. [(Copy.| Volvii, No. 23.
TorCox, Joun (Col. ):

1779.—/January 22. Head of Elk.—Begging an answer to his
former letters. Question of forage and flour. Entreats that
the bearer, Giles, may return with a supply of cash. Asks him
to acquaint Gen. Greene and Col. Biddle with the contents of
his letters. Vol. viii, No. 59.

1779.—Afpril 30. Head of Eik.—Acknowledging favor of the rth

of February. Discusses the question of erecting stores, the

expense, etc. The $65,000 sent by Col. Biddle exhausted in

two days. Price of corn. Asks for immediate supply of cash.
Vol. vii, No: 25.

To VEAZEY, JOHN WarD (Capt.):

1778.—October 27. Head of E/k.—Appointing him assistant pur-
chaser of grain and setting forth the duties in that business.
Vol. vii, No. 24.

296 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

Hoimes, BENJAMIN (Col.), to UNKNOWN CORRESPONDENT :
(No date.)—A certificate from Col. Holmes, setting forth the
circumstances under which Adjutant John Smith had his horse,
saddle and bridle taken, the value of which, as estimated by
two of his officers, was $375. [Copy.] Vol. iii, No. 39.

Hooper, Ropert Lettis (Col.), to Cot. CLEMENT BIDDLE:

1780.—February 27. Laston.—Has informed Col. Biddle’s agent
that owing to lack of money could not purchase any more grain
or forage and has dismissed all his assistants. Impossibility
of keeping 250 horses without money to pay for produce; de-
sires to be directed where to send them. All transportation
through Easton to camp must cease. Involved in a debt of
not less than one million pounds ! Vol. 1, INo./25.

To Cox, Joun (Col.):

1779.—May rr. Easton.—Acknowledging letter of roth inst.,
which he laid before Gen. Sullivan. Gen. Sullivan’s wishes
concerning the pack-saddles. Vol. vii, No. 87.

1779.—May 312. Easton.—Acknowledging favor of 28th inst. con-
cerning the road the army will follow. Pack-saddles prepared.
Delay in getting the rails off. Col. Breaily, of the Jersey troops,
to march the next day. The General, with troops under his
command, will march by June 12, unless otherwise ordered by
His Excellency. Vol. vi; No.2:

To GREENE (Mrs.) :

1779.—May 16.—Presenting his respectful compliments to Mrs.
Greene and begging her acceptance of one keg of butter.
Vol. v, No. 9.
To Pertir, ‘Caas, (Gol.):

1779.— October 8. Easton.—Has received an order from Maj.-Gen.
Sullivan to send roo teams to Wyoming to bring down the
baggage of his army. Also urged by Col. Biddle to send great
supplies of forage to headquarters. Utterly impossible to exe-
cute these and other orders without money. If not immediately
supplied, must ask to be exculpated from charge of inefficiency.

Vol.i;, No.2:

1780.—January 29. Easton.—Will send on cannon, also stores.
His embarrassment for want of money; if not supplied with

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 297

Hooper, Rosert LETtIs (Col.),to Perit, Cuas. (Col.) (continued):
cash or certificates, this must be his last exertion; refuses to
lead the good people of that county into more distress, many
having had their property seized to pay their taxes, when the
States owe them tenfold. Certain offers of money made to
him in exchange for certificates; cannot see why they should
not send them on. Estimate of his debts. Earnestly entreats
him to send £20,000 in money on Tuesday or Wednesday, as
he cannot leave without it. Vol. i, No. 28.

To SHERIFF (Col.) :
1779.—Vovember 16. Easton.—In the strict line of Col. Sheriff’s
duty, not of his, to call Col. Bond to a settlement ; will report
the matter to Gen. Greene. Vol. ix, No. 66a.

To SULLIVAN, JOHN (Gen.):
1779.—May 18. Easton.—Will furnish horses to the number of
1400. Supplies needed and those at hand. Troops under Col.
Spencer and Col. Courtland liable to suffer for want of teams
necessary to supply and attend them; their clothing not yet
arrived. Forage very scarce. Assistance of the Executive
Council necessary in.procuring wagons. Vol. v, No. 15.

To UNKNOWN CORRESPONDENT :
1778.—lVovember 9. Sussex Courthouse.—Requesting an answer
to his letter written at Trenton to Col. Pettit. Sends his sin-
cere compliments. Vol. viii, No. 61.

Hooper, R. L. (Col.), and oTHERS, to ConRAD CREYDER and
Joun THompson (Wagonmaster-Generals) :
1779.—October 12. Easton.—At Gen. Sullivan’s request, the time
being too short to send to the Supreme Executive Council for
an order for teams to remove the baggage of the army to Sus-
sex Courthouse, do by unanimous consent request that Conrad
Creyder, Wagonmaster-General for Northampton County, and
John Thompson, Wagonmaster-General for Bucks County, will
afford every assistance in their power to furnish as many teams
as Gen. Sullivan may require of Col. Hooper.
Vol. iii, No. 73.
Hosman, J. (Lieut.), to Capr. Gray:
1779.—April z.—Order for a pair of stilliards (steelyards) to be
mended. Vol. xii, No. 100.

298 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

Howe, BaxTErR, to Major Ropert ForsytTH:
1779.—February §. Pluckemin.—Enclosing partial return of the
stores in the brigade of artillery. Number of tents on hand
and their disposition. Would be glad to know if his account
is adjusted and when he may call for another supply of cash.
Vol. iv, No. 47.
To OLNEY, GEORGE:

1779.—May 12. Artillery Park.—Offer of 500 horseshoes at $2.50
per pair. Puts in his plea for some of the money when it shall
come. Vol. vii, No. 76.

1779.— October 15.—Asking him to give Major Shaw an order for
$3000. Reasons for making so large a demand. Why he has
not sent a return of camp equipage. Vol. iii, No. 76.
HvuBBARD, NEHEMIAH, to Hon. H. MERCHANT:

1779.—October 26. Hartford.—Acknowledging favor of August 31,
concerning the removal of some public rod iron lying exposed
at Danbury. Considers Mr. Merchant has behaved neither
like a gentleman nor a Christian, but as he isa member of
Congress, will forbear to make any remarks on his conduct.

[Copy.] Vol. viii, No. 104.
To OLNEY, GEORGE:

1779.— October 17. Hartford.—Acknowledging favor of the 13th
inst. It being Sunday, no coffee can be purchased, ‘has there-
fore sent him thirty-weight out of his own store.

Vol. ili, No. 80@.
Hupson, J. (Capt.), to Gray, GEORGE (Capt.) :
1779.—Afril 10.—Order to repair a gun of 2d Virginia Regiment.
Vol. xii, No. 74.
HuGHEsS, JOHN, to UNKNOWN CORRESPONDENT :
1779.—September 18. West Point.—Enclosing weekly return of
the camp equipage. Fifty-seven tents returned unfit for ser-
vice. Vol. iii, No. 49.
HUNTER, WILLIAM, to SAMUEL A. OTIS:

1779.—February 6. Loston.—Receipt for two silver cups which
he promises to deliver to Gen. Greene. Vol. ix, No. 87.

1779.—february 7. Boston.—Receipt for the sum of £15.

Vol. ix, No. 88.

1900. ] CALENDAR OF THE GREENE CORRESPONDENCE. 299

Jackson (Dr.), to Capr. Gray:

1779.—April 7.—Order to have his horse shod and four rivets
made for his desk. Vol. xii,Noz 79.

Jounson, THomas, to Cot. HOLLINGSWORTH :

1779.—May 12. Annapolis.—Informing him of the narrow escape
of Capt. Hanson, who encountered certain armed vessels in
the bay and put back to Annapolis. Report by Mr. Robinson
of a schooner bound to sea chased by a fleet of between
twenty and thirty sail ; heard nothing further.
[Copy.] Vol. vii, No. 80.

JOHNSTON, JAMES, to ANY CONTINENTAL SMITH:

1779.—April 2. Auditor's Office.—Order to shoe his horse.
Vol. xil, No. 8o.

KELSO, ROBERT, to Major ROBERT FORSYTH :

1779.—February 23. Morristown.—Enclosing Maerschalk’s receipt
for two branches and twenty-one tin sconces, on behalf of
Col. Abeel. Vol. iv, No. 64.

KINNAN, PETER, to UNKNOWN CORRESPONDENT :

1779.— October 13. Ringwood.—Announcing that there are two
bridges on the public road from Pompton to Ringwood, one
of which is entirely useless and unfit for service, the other
likely to break down any day; such an accident would mean
a fearful delay of provisions and other necessaries. Overseers
of the roads pay no attention to his requests; wishes direc-
tions as to what to do; makes suggestions and refers him to
Mr. Erskine. Vol. i, No. 50.

KIRKPATRICK, ABRAHAM, to Capt. GRAY:

1779.—/anuary 22.—Desiring his horse shod all round.
Vol, i,,No, 511.
LARZELERE, ABRAHAM, and PaARSELL, JOHN (foremen), to Cov.
Upny Hay:
1779.—LVovember 3. LFishkill_—Protest made by certain artificers
against the prices of provisions, and also against the exor-
bitant wages paid to certain other men.
[Copy.] Vol. iii, No. 5%.
1779.—LVovember 3. Fishkil/l—¥rom certain artificers, setting
forth the depreciation of money, the dearness of provisions

300 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

LARZELERE, ABRAHAM, and PARSELL, JOHN (foremen), to Cot.
Upny Hay (continued ):

and the higher wages received by mechanics at other places.

Have the interest of their country at heart and only desire

what will reasonably support them. Vol. ain, NoXG:

Lawson, BENJAMIN, to CAPT. GRAY:

1778.—December 3z.—Order to shoe Mr. Carny’s horse.
Vol. xii, No. 85.

Lewis, Morcan (Col.), to Cot. Upny Hay:

1779-— October 5.—Promising him all the boards he can spare,
but obliged to keep enough to employ his carpenters, and
also to build a cooper’s shop. [Extract.] Vol. ili, No. 52.

Lupwick, CHRISTOFFAL (chief baker), to GEN. WASHINGTON :
1780.—January. Morristown.—Putting before His Excellency
the broken-down condition of one of the ovens in the bake-
house and consequent impossibility of making the required
amount of bread. Begs that a committee of inspection be
appointed to inspect the magazines of provisions, bake-houses,
ete: Vol. i, No. 70.

Lyman, D. (Adjt.-Gen.), to JAMEs RICHARDSON:

1778.— October 29. Headquarters.—Directed by the Major-Gen-
eral to inform him that the troops of the Convention will
begin their march for the State of Virginia on the following
Wednesday, the 4th of November, the Germans at Cambridge
and the British at Rutland the same day. Detailed account
of their numbers, and the means of obtaining provisions for
them. Vol..4, No.7.

McCasHLaNn, JAMES, to CAPT. GRAY:
1778.—lVovember z.—Order to mend the bearer’s wagon.
Vol. xii, No. 107.
1778.—November g.—Order to shoe three wagon-horses belonging
to Gen. Scott. Vol, xu, No. 8%
1778.—December 6.—Order concerning the shoeing of a horse for
one of the artillery of Gen. Scott’s brigade.
Vol. xii, No. 92.

1779.——April z.--Order to shoe one wagon-horse and to clout his
wagon. Vol. xii, No. 99.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 801

McCasHLaNn, JAMES, to Carr. GRaAy (continued ) :

1779.—April 5.—Order to shoe three wagon-horses.
Vol. xii; No, ror.

McDovuca.L, ALEXANDER (Gen.), to Cot. Upny Hay:
1779.—Seplember 3. West Potnt.—Acknowledging favors of 31st
ult. and 2d inst. Question of complaints made against Mr.
Bancker of his not furnishing wood and straw for the troops
and the sick. Voli; Nozox:

McDowELL, JOHN, to AN ARMORER :
Order to shoe his mare. Vol: xii, No: 7a!

MASSACHUSETTS, COUNCIL oF, to THOMAS CHASE:

1778.—December 25.—Directed to inform him that the Council
recommend it to him to satisfy certain just demands of the
Selectmen of various towns, who have as yet received no pay
for providing him with teams, drivers, etc., for the use of the
army. Vol. x1, Nous.

MatTLack, TimotuHy, to CoL. CHARLES PETTIT:

1779.—Lebruary 20. Philadelphia.—Expressing dissatisfaction on
the part of Council at not receiving certified copies of the
entries which they have demanded. Requests that they will be
sent without delay. [On back of MSS.] Rough draft of letter
from Charles Pettit to Mr. Matlack. Expressing surprise that
any part of his conduct has merited such language. To avoid
controversy, sends the enclosed extract. Forbears any farther
remarks on the implied charges in Mr. Matlack’s letter.

Vol iv. NO. 7/7:

MENG, CHRISTOPHER, to Major ROBERT FORSYTH :

1779.-—/anuary 6.—Informing him that all the tents except about
thirty are sent off. Received thirty axes and twenty-three log
chains and expect one wagon with orderly books and shirts
from Morristown. Vol. i, No. 96.

To Gray, GEORGE (Capt.) :
1778.—December 1g.—Sends lock by bearer, which is in want of a
spring, would like it mended at once. Vol. xii, No. 1og.
To UNKNOWN CORRESPONDENT :

1779.—/uly 37.—Enclosing return of stores and sending back
music book. Matter of tents. Vol. viii, No. 69.

302 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

MILLAN, WILLIAM, to Cot. Francis WADE:

1780.—February 26. Cantwell’s Bridge.—All wagons have been
sent up empty—nothing to put in them. Cannot procure a
single bushel of grain unless he gets some money. People
alarmed at the certificates and consider them a design to de-
fraud them—uses every argument to convince them to the
contrary. Vol. iii, No. 63.

MITCHELL, JOHN (Col.), to Cot. Joun Cox:
1779.—LNovember 12. Philadelphia—Every means taken to pro-
cure duck, etc., and stuff for blankets. Bad news from the
South—hopes and expects to preserve Charleston. His dis-
agreeable situation for lack of money. All business of the
department must soon cease. Has written to this effect to
Gen. Greene, Col. Pettit and the President of Congress.
Steps taken to procure boards. Must he supply Col. James
Abeel with everything? Empowered by Congress to send
stores to Carolina by water. High price of window-glass.
The alarming nature of his situation. Vol. ix, No. 98.
1779.—May 29. Philadelphia.—Report of military stores. Im-
possible to give Gen. Sullivan the twelve tents he has asked
for. Not a moment lost in getting off the supplies. Sends
that day’s paper and wishes Col. Cox’s opinion on the address
of Congress therein contained. Volov,..No. oF;

To Pettit, CHARLES ( Col.):

1778.—September 16. Philadelphia.—Sends this by bearer, Mr.
Henry Brooks, who has eleven teams loaded with quartermas-
ter stores. Price of various articles needed. Will send copies
of certain Resolves of Congress. Lack of blankets. Ex-
pects Col. Cox soon. Mrs. Pettit in town; their son well
fixed at school ; will do anything for him in his power. Con-
cerning articles promised to His Excellency.

Vol. viii, No.. 70.

1778.—October 22. Philadelphia.—Bearer of this is Mr. White,
who has thirteen teams loaded with quartermaster stores, etc.
Amount of cash sent, together with what will be forwarded,
amounts to one million dollars ; hopes it will afford him some
peace and satisfaction. Has sent a few message cards, some
gilt, for His Excellency, Gen. Greene, etc.; the others plain,

oO

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 303

MITCHELL, JoHN (Col.), to Perrit, CHaRLEs (Col.) (con-
tinued ) :

for any gentleman. Desires to know how his Excellency likes

the case with the tea equipage and bowls, etc., sent him.

Health of Mr. and Mrs. Pettit excellent. VoloimiNoro7.

1779.—LWVovember 15. Philadelphia.—This letter enclosed to the
President of Congress by Col. Pettit. In it, Mr. Mitchell
tells of the distressing situation he is in for lack of money,
and refuses to be answerable for the consequences.
[Copy=] - Voliix,/ No. ro2.

To WASHINGTON, GEORGE (Gen.):

1779.—December 17. Philadelphia.—Acknowledging favor of 14th
inst. Impossible for him to be absent from Philadelphia in
the present critical situation. Has given every information to
a committee of Congress, in writing, respecting Maj.-Gen.
Arnold ; if, however, His Excellency still desires him to be
present at the trial, he will immediately obey.
Vol. 1, No. 94:
To WEiss, JACOB:
1779.—September 20. Philadelphia.cAmount of tents and cloth-
ing sent. Has permission from Board of War to purchase
blankets; can get none in Philadelphia. Hopes Col. Abeel
will not detain the teams at Morristown. Vol. ili, No. 120.

To UNKNOWN CORRESPONDENT :
1779.—May 21. Philadelphia.—Acknowledging favor of 18th
inst., enclosed it to Capt. Ferriss and now sends his answer to
it. Thinks Capt. Ferriss always bought good horses at reason-
able prices ; hopes the matter will be cleared up. Matter of
tents. . Moliiw, Non 4:3.

Morcan, JAcoB (Col.), to Cot. JoHN Cox:

1779.—May 30. Reading.—Acknowledging favor of 27th inst.
Report of stores forwarded. Conflicting orders.
Vol. v, No. 98.

Morris, GOUVERNEUR, to COL. CHARLES PETTIT:

1779.—May rz. LPhiladelphia.—Desires that harmony and good

understanding may be cultivated between the public servants

and the government of South Carolina; has no doubt the
PROC, AMER. PHILOS .SOC. XXXIX, 162, T. PRINTED JULY 28, 1900

304 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

Morris, GOUVERNEUR, to Cot. CHARLES PETTIT (continued ) :
President of that State has good reasons for detaining vessels
mentioned in Mr. Livingston’s letter. Directions concerning
these vessels, which are to be loaded with rice. Urges prompt
obedience on Mr. Livingston’s part to directions which may
be given to him. [Copy.] Vol#vu, No. 27:

Morris, LEwIs, to CHARLES BEATTY:

1779.—September 3. West Point.—Directed by Gen. Greene to
acknowledge receipt of his favor of the 21st July, together
with the enclosed returns. Vol. ix, No. 84.

To BIDDLE, CLEMENT (Col.):

1779.—/uly 26. West Point.—Requested by Gen. Greene to ask
for a return of all such officers as are employed in the forage
department. Vol. ix, No. 83.

Mox ey, RHopom, to Capr, GRAY:
1779.—April 5.—Order to repair the bearer’s gun-lock.
Vol: xu, No: Ya.
MoyLaNn, STEPHEN, to CoL. NEHEMIAH HUBBARD:
1780.—/January 6. Middletown.—Requesting him to settle Messrs.
Hall & Co.’s accounts. fCopy.)|s Vol ix, INo:G9:
MUHLENBERG, PauL (Gen.), to SUPT. OF ARTIFICERS :
17979.—April 2.—Asking to have his horse well shod, as he is go-
ing on a journey. Voli, No. 1x0;
NEVILL, JOHN (Col.), to Capr. GRay:

1778.— October g.—Order to shoe his horse.
Vol. xii, No. 108.
1778.—December r4.—Order .to shoe his horse and charge it to
his account. Vol. xii, No. 83.

OKELY, J., to Cot. R. L. Hooper:

1779.—May z4. Bath—Giving information concerning a Mr.
Smith, a captain in the Austrian service, and at one time in
the service of the United States; also concerning two French
gentlemen, his friends. ‘Thinks there may be no reason for
surmises of an evil tendency, but knows that very few foreign
officers, who have left the American service in disgust or other-
wise, are to be depended upon. Vol. v, Noma4:

1900. ] CALENDAR OF THE GREENE CORRESPONDENCE. 505

OLNEY, GEORGE, to BLopGET, WILLIAM (Maj.):

1779.—September 17. West Point.—Requested by Gen. Greene
to write and ask him about a sulky which was lent him in June,
1778. Col. Geo. Gibson, having made a demand on Gen.
Greene for the value, he wishes to know the particulars of
the matter. Vol.ix, Noa @2;

To BowEn, EPHRAIM (Col.):

1779.—LVovember 15. West Point—Directed by Gen. Greene to
tell him that if the tents are sent on early in the spring, it will
answer. Advice concerning destination of hay and blankets.
Army will probably march for winter quarters near Basking
Ridge, November 17; Mrs. Greene, Mrs. Olney and the writer
will set out then for Morristown. Vol. viii, No. 72.

To CuasE, THomas (Col.) :
1779.—September 18. West Point.—Requested by Gen. Greene to-
acknowledge his favor of August 9, enclosing statement of
accounts for one year. In case hisconduct in Quartermaster’s
department should be examined into, agreeable to resolve of
Congress, he will immediately transmit the result of their
inquiry, be it favorable or unfavorable to his wishes.
Vol. iii, No. 87.
To Hooper, R. L. (Col.) :
1779.—lVovember 15. West Point.—Directed by Gen. Greene to
acknowledge his favor of 12th inst., to express his pleasure
with the readiness of the people to serve the public, and to
ask him to put a stop to all preparations for the expected ex.
pedition against New York. Voloix,) No! 93.

To MITCHELL, JOHN (Col.):

1779.—LVovember 29. Morristown.—Acknowledging in Gen.
Greene’s name the favor of 22d inst., and thanking him for
the sugar and tea. Informs him that Col. Cox and Col. Pettit
will do everything to furnish him with money. Gen. Greene
constantly engaged in fixing upon the ground to hut the army.
When this is settled he will make a full representation to Con-
gress of the department’s distresses, and demand relief. Gives
him leave to keep Capt. Sadler’s company of artificers.

Vol. viii, No. 74.

306 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

OLNEY, GEORGE (continued ) :
To Oris & HENLEy (Messrs.):

1779.—LVovember 15. West Point.—Acknowledging in Gen.
Greene’s name the favors of 28th ult. and 2d inst. There
being no immediate need for the tents, asks him to fill the
orders more at his leisure, thereby decreasing the public
expense. Vol..vin, No. 72:

To UNKNOWN CORRESPONDENTS:

1779.—July 15. Smith's Clove.-—Gen. Greene’s orders that no
wagoner returning from camp shall be paid any money with-
out a special order from the Quartermaster-General’s office.

[iCireular letter.]|" Willa, No. tmz.
Oris & HENLEY (Messrs.), to GEORGE OLNEY :

1779.— October 9. Boston.—No China cups and saucers to be had
at present ; will procure the first decent set in his power. Dis-
tresses caused by the Regulating Act. Hard to starve in a
land of plenty, by the rascality of a people, patriotic only in
word. ‘‘ High time to put an end to the war and reform
manners.’’ Vol. 211; No. toa:

1779.—lVovember 24. Boston.—kIn receipt of his letter counter-
manding the tents. Amount of money needed for past and
present disbursements. Alas, for the fate of the Southern
army; the gallant d’Estaing again baffled; ‘‘ these reflec-
tions hang like a millstone.”’ Vol; 1x, No. or

PARKER, JEREMIAH, to CAPT. GEORGE GRAY:
1779.—/anuary 25.—Order to shoe the bearer’s horse, belonging
to Gen. Muhlenberg’s brigade. Voloxi, Nos, go:
1779.—/January 25.—Order to shoe the bearer’s wagon horses, be-
longing to Gen. Muhlenberg’s brigade. Vol. xii, No. 76a.
1779.—february 1z.—Order to have bearer’s horses shod imme-
diately. Vol. xii, No. 106.

PARKER, RICHARD (Col.), to CapT. GEORGE GRAY:
1779.—April 7.—Order to repair the bearer’s gun. Vol. xii, No. 98.
PARSELL, JOHN, AND OTHER ARTIFICERS, to Cot. Upny Hay:

1779.—LVovember 5. LFishkill.—The artificers having met and dis-
cussed the offer of $10 a day, have decided that it is too little
to support themselves and families, and will therefore quit the
barracks as soon as a settlement is made.

[Copy.] Vol ix,Nomsn-

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 3807

PARSONS, SAMUEL H. (Gen.), to UNKNOWN CoRRESPONDENT:

1779.—December 8.—Begging for a large marquee and a stove,
and complaining that the room he now occupies is only eight
feet square for six people, and the Justice threatens him if he
remains. Vol. ii, No. 11.

PaTTEN, J. (Capt.), to Mayor Rospert ForsyTuH:

1779.—/anuary 27.—Business of regiment conducted with utmost
difficulty owing to the want ofa horse. Asks that one may be

given the bearer. [Nore.—No horse. R. F. ]
Vol. viii, No. 82.

PATTERSON, ALEXANDER, to Cot. R. L. Hooper:

1779.—May 17. Brinker's Mills.—Asking him to send certain tools
by bearer. Voli v,. No.1:

1779.—May 77. Brinker's Mills.—Wagoners attending Col. Court-
land’s regiment have deserted, leaving their wagons standing
on the road. If he cannot have six wagons supplied with for-
age by the next day, the troops will return for want of provi-
sions ; begs that they may be sent with all speed.
Vol. v, No. roa.
1779.—May 17. Lrinker’s Mills.—Large quantity of stores, but
no wagons to take them to the troops. Begs him to send six
or eight and save the credit of the department. No riding-
horses, no forage and no cash. Vol. v, No. r2.

PATTERSON, WILLIAM, to Cot. JOHN Cox:

1779.—Lebruary 14. Cumberland County.—Hutried off the express,
that Col. Cox may know he intends to set out for Bloomsbury
the next day. Can’t make long rides on account of the sore in
his side and the late hurt in his ankle. Thinks himself happy
to be able to render his country any service.
Vol. iv, No. 89.

1779.—May 19. Estherton.—Acknowledging favor of the 11th
inst. Wehemently defends himself against certain attacks
upon his character, which accuse him of treasonable designs
and also of intoxication ; thanks Col. Cox most sincerely for
his defense of his character; willing to submit to martial law
for inquiry and trial; will be in town the next week, when he
expects to produce such proofs of his conduct as will be ap-

808 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

PATTERSON, WILLIAM, to CoL. JoHN Cox (continued ):

proved by the gentlemen in Council. Glad His Excellency
was not willing to believe the report. Fears from a hint re-
ceived that the force opposed to them in the ‘‘ Six Nation’’
country is greater than is expected. Vol. v, No. 24.

PETTIT, CHARLES (Col.), to Cot. JoHn Cox:

1779.—lVovember 12. Philadelphia.—Grievously disappointed at

not getting his warrant from the Treasury Board. Clamorous

demands for money on all sides. Buried Mr. Hewes on the
tith. Concerning a certain draft on Col. Cox and himself.
Vol. ix, No. 97.

1779.—December 1. Philadelphia.—Acknowledging favor of 30th

ult. Many things lost in moving, but they still have a bed at

Col. Cox’s disposal. Account of a conversation between him-

self and Mr. Gibson, a Commissioner of the Treasury, on the

subject of accounts. Congratulating him on the arrival of the

schooner Chance, of which they hold an eighth.

Vol. xi, No: a.

To HUNTINGDON, SAMUEL (President of Congress) :

1779.—LVovember 17. Philadelphia.—Putting before him the em-
barrassed state of the department, owing to lack of money and
the impossibility of his getting the necessary sums from the
Treasury. Enclosing numerous letters to give weight to these
statements. Vol. ix, No: roo:

To LivINGsTON, ABRAHAM:

1779.—April 30. Philadelphia.—Mentioning various draughts he
sent him. Gen. Greene has left Mr. Livingston’s letters with
him to answer. Evils resulting from detention of the vessels
laden with public stores. Hopes Committee of Congress will
devise some means of obtaining permission for the vessels to
sail from Carolina. Promising him $200,000 by the following
week. Certain draughts of his which have been paid. Asking
for estimate of the business of chartering vessels from Carolina
to Boston. Business of purchasing rice.

[Copy.] Vol. vii, No. 89.

1779.—May r. Philadelphia.—Enclosing copy of letter from Mr.
Morris, chairman of a committee appointed by Congress to

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 309

PETTIT, CHARLES (Col.), to Livincston, ABRAHAM (continued ):
superintend staff departments. Evident that detention of ves-
sels is the effect of a well-considered plan rather than a design
to obstruct their measures. Recommends obedience to the in-
structions of the Chairman of the Committee.

[Copy.] Vol. vii, No. 18.

To REED, JosEPH (President of the State of Penn-
sylvania) :
1779.—february 19. Philadelphia.—Asking that the navigation
in Chesapeake and Delaware Bays may be protected, so that
supplies of forage may not be obstructed and the welfare of the
army injured. Vol. iv, No. 79.

1779.—February 20. Philadelphia.—Proposing a plan to finally
settle the question of the bridge over the Schuylkill. At the
same time mentions the expense incurred by Major Eyre,
Superintendent of the naval business, in raising or endeavoring
to raise State vessels; is it to be repaid by the State or not?
Vol. iv, No. 78.
1779.—February 22. Philadelphia.—Acknowledging the receipt
of His Excellency’s favor of equal date. Concerning a certifi-
cate of discharge which the Council desires Mr. Mitchell to
send them. Defends himself and also Mr. Mitchell against the
charge of ‘‘ throwing delays and difficulties in the way of in-
quiries into the conduct of Continental officers.’’
Vol. x, No. 3a.

To TREASURY BOARD, PRESIDENT OF :

1779.—May 19. Philadelphia.—In accordance with a desire ex-
pressed by a member of the Board, subjoins a list of such sums
as are urgently demanded, and also a list of those which will
be demanded in a few days. Evils resulting from the depre-
ciation of money and the want of timely supplies of it. Neces-
sary to pay as they go. Vol. v,,No; 25:

To UNKNOWN CORRESPONDENT:

1779.—february 11. Philadelphia.—Route for Gen. Pulaski’s
legion from York Town in Pennsylvania to Savannah, Georgia,
with names of residents en route to whom to apply in case
assistance is needed. Vol. iv, No. 80.

3810 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

PETTIT, CHARLES (Col.) (continued ) :
To GEN. WHIPPLE:

1779.—february ro (?).—Asking the advice and direction of the
Committee on the advisability of changing the plan of sending
divers vessels to Charlestown in South Carolina for cargoes of
rice. Since the forming of the plan, the face of affairs in the
neighborhood of Charlestown has changed, and it might be
prudent to make some alterations (on back of letter to Presi-
dent Reed). Vol. iv, No. 79.

Pope, CHARLES (Lieut.-Col.), to Lieut. Lawson:

1778.—December 20. Middlebrook.—Order to have his horse shod.
Vol. xii, No. 89.

PORTERFIELD, RoBERT (Major), to ARTIFICER IN COMMAND:

1779.—/anuary 29.—Asking him to repair one gun for the bearer.
Vol.a1, No. ae:

Posrty, THomas (Major), to Capt. GEORGE GRAY:

1779.—March 73.—Asking that one of his men will put a plate in
his saddle. Vol. xii, No. 78.

PRICE, THOMAS (Col.), to UNKNOWN CORRESPONDENT :
1778.—lVovember 10. Fishkill.—The writer is the subject of a
court-martial now sitting at Fishkill landing—one of the
charges alleged against him is cowardice on York Island.
Sends his son to the recipient of this letter, to take down a
deposition of what he can recollect of this matter. Refreshes
his memory by stating the case in detail. Vol. x, No. 48.

PRocTER, THOMAS (Col.), to GEN. SULLIVAN :

1779:—May 15. Philadelphia.—Acknowledging letter of ba
inst. Will send the brigades of wagons in compliance with
orders. Vol. v, Nov 135

Pryor, J. (Capt.), to GEN. KNOx:
1779.—February 20.—Notwithstanding Gen. Knox’s order re-
specting forage for Col. Harrison’s horse, the forage-master
has refused of late to issue it, the reasons for this are con-
tained in the enclosed letter; desires him to repeat the order.
Vol. ii, No. 36.
Purvis, GEorGE (Lieut.), to CapT. GRAY:
1779.—Afril ro.—Order to repair Hugh Coffin’s lock.
Vol. xii, No. aoe:

1900.] CALENDAR OF THE GREENE CORRESPONDENCE, oll

PyNcHON, GEORGE, to CoL. THomas CHASE:

1779.—May 16. Spring field.—Has sent his son to Col. Hughes to
complete the settlement of his accounts; he is willing to pay
to the 2d of March, 1778, but thinks it more proper for Col.
Chase to pay them after that date. Asks him to settle, if con-
venient, with the bearer, his son. Vol. v, No. 3.

REED, JOSEPH, to CoL. CHARLES PETTIT :

1779.—february 22. Philadelphia.—His letter to Mr. Matlack
laid before the Board; the Secretary’s letter written by the
unanimous direction of the Council. Hope in future they
will have less reason to complain of inattention to their
requests. Differs totally with Col. Pettit as to their power of
examining the quartermaster’s books; they do not ask the cer-
tificates as a matter of favor, but of clear and undoubted right.
Vol.cx, No. 3:

1779.—May 23.—Enclosing his letter to Gen. Sullivan and also
sundry warrants only to be used in case of necessity. Reasons
for disclosing the sentiments of the Council very iully to Gen.
Sullivan. If their work is interfered with from resentment or
any other cause, such conduct will be traced and the blame
carried to the proper door. Vol. v, No. 60.

To SULLIVAN, JOHN (Col.):

1779.-May 21. Ln Council, Philadelphia.—Acknowledging favor
of 11th inst. Explains why an immediate answer was not
given to his request for wagons. Mr. Pettit having since
made an application in form, everything shall be done as soon
as possible. Objections to having any extraordinary powers
vested in the Deputy Quartermasters ; one gentleman, as they
personally know, employed the whole influence of his depart-
ment to disgrace and overthrow the Government. Conces-
sions they will make to Gen. Sullivan; asks him to favor the
inhabitants as much as possible; wishing him all success.
Will furnish sundry blank warrants to be used when he needs
wagons. Vol. v, Nows2.

ROBERTSON (Adj.), to Mayor CLAIBORNE :

Without date.—Asking him if he has the directions of the smiths,
to please order his horse to be shod. Vol. xii, NojrrE.

812 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

Ropney, Cassar, to Cot. FRancis WADE:
1779.—December 29. Wilmington.—Announcing the failure of
the bill, with new arrangements in the quartermaster’s and
commissary departments. Begs him to repair to his quarters
immediately, as there is a pressing need for flour. Money
wanted in every branch of the staff department.
Vol. viii, No. ror.

Ross, GEORGE, to UNKNOWN CORRESPONDENT :

1779.— October r.—Sending a return of stores on hand and persons
employed. Accounts ordered not yet finished. Six very fine
teams on hand, ready to be forwarded to camp. 150 new
wagons promised by April 1. Vol. ili, No. 98.

SCANNELL, ALEXANDER, to Major RoBERT FORSYTH :

1778.—lNVovember §.—Two-horse wagon fully sufficient to haul
wood, provisions, etc., and to transport those prisoners who
may be shackled or unable to travel. If carelessness in the
Provost-Marshal was the cause of the wagons being injured,
will make him answerable for damages. [Note.] Col. Scan-
nell was killed September, 1781, at the siege of York.
Vol. 11; No. 31.

1779.—/anuary 1z.—Desiring to know where the colliers are to be
employed, and also where the horse-guard is kept, as he
understands it hasn’t been relieved for three months past.
Suggests supplying a sentry from some other guard.
Vol. ii, No. 32.

SCHUYLER, PETER, to Cot. Upny Hay:

1779.—May 8. Albany.—Acknowledging favor of 24th ult.
Manner of court instituted at one time to try the offenses of
enlisted bateauxmen and teamsters, and modes of punishment
used. Discusses its expediency in the present scarcity of
hands. [Copy.] Vol. vii, No. 48.

SHaw, THomas, to Cot. Upny Hay:

1779.—December 4. New London.—Concerning a box of station-
ery shipped to His Excellency, Gen. Washington, and which
he never received. Promising to look it up and have it sent
on. Vol. ii, No. 40.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. ole

SHERIFF, CHARLES (Col.), to Cot. RoBERT HOOPER:

1779.—LVovember 14. Pompton.—Desired by Gen. Greene to re-
quest Col. Hooper to call Col. Bond to a settlement in the
pack-horse department. [Copy.] > Wol-1xjNoir 66:

SHIPPEN, WILLIAM, to UNKNOWN CORRESPONDENT :

1779.—December 37.—An imperfect return of established hospitals.
Vol. ii, No. 44.

SMITH, WILLIAM S., to ARMORER:

Without date.—Order to repair the bearer’s musket.
[A fragment.] Vol. xii, No. 68.

STARR, EzRA, to GEORGE OLNEY:
1779.—October 73. Danbury.—Agreeable to request, has sent to
New Milford for the box of paper belonging to His Excel-
lency and will forward the same to the care of Col. Hay.
Vol. iii, No. 108.

STEEL, ARCHIBALD (Col.), to CLEMENT or OWEN BIDDLE:

1779.—LVovember 5.—Extract enclosed by Col. Pettit to the Presi-
dent of Congress to show the distressing situation of the de-
partment for lack of money. Vol. ix, No. rora.

To PeTTiIT, CHARLES (Col.) :

1779.—/anuary 28, Pittsburgh.—Acknowledging the amount of
the last draft made by him. Account of the trouble between
him and Gen. McIntosh. Acquitted by a general court-
martial of every charge against him; notwithstanding which,
the General still keeps him under arrest; if this continues,
the post must fail for want of provisions. Recommending
certain gentlemen as disinterested judges of his and Gen.
McIntosh’s conduct. Vol. iv, No. 92.

STEWART, CHARLES, to CoL. ROBERT FORSYTH:
1779.—Lebruary 7. Camp, Paramus,—Sending various returns.
Vol. iv, No. 93.
To UNKNOWN CORRESPONDENT :

1779.—Lebruary 26. Camp, Paramus.—Enclosing various returns
of stores and tents, and riding-horses. Directed by Mr. Weiss
to draw the necessary stores from Morristown instead of Mid-
dlebrook. Vol. ii, No. 54.

314 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

STOCKTON, ROBERT, to MOORE FuRMAN:

1779.— October 27. Acknowledging his favor by Mr. Yard. Enemy
landed at Sandy Point, October 26, 1779, at midnight;
marched to Quibbletown, destroyed stores there, went to
Rariton and destroyed boats and the Dutch church in that
place, then to Millstone ; released ten prisoners from gaol and
set fire to courthouse. Near Brunswick, encountered party of
our people, who killed their commander’s horse and took him
prisoner. The rest of the enemy went off towards South Am-
boy, where they fell in with Capt. Voorhees, who was obliged
to surrender; ‘‘ notwithstanding, the infernal rascals cut him
Lopleces.. Vol. viii, No. 30.

STODDERT, BENJAMIN, to CoL. CHARLES PETTIT :

1780.—/January 26. War Office—By resolution of Congress,
business of procuring wood devolves upon the Quartermaster’s
department, therefore desires him to take such steps as will
secure timely and competent supplies. If possible, no addi-
tion of officers to the department must be made.
Vol. ii, No. 61.

SULLIVAN, JOHN (Gen.), to CERTAIN WAGONERS:

1779.—lVovember 2. Headquarters Smith's Clove.—An acknowl-
edgment of the wagoners’ peculiar services by the Comman-
der-in-Chief of the Western army. [Copy.] Vol. ix, No. 64a.°

THOMPSON, JAMES, to Maj. RICHARD CLAIBORNE:

1779.— October 26. New Windsor.—Making excuses for not send-
ing returns; need of horses and oxen. Vol. viii, No. 96.

To UNKNOWN CORRESPONDENT:

1779.—ay 2.—Unable to find a span for the General at a fair
price. Vol. vii, No. 32.

1779.—LVovember 27.—Delay in army’s movements owing to lack
of clothing. Preparations being made. Suggests engaging
ox teams. Has been obliged to borrow money with which to
purchase horses. Vol: ixy No. Brg:

No Date.—Plan of getting teams of oxen to take the place of horse
teams. [Fragment.] Vol. vil, No. 103.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. SL

TORREY, JOHN, to COL. CHARLES PETTIT :

1779.—/January 24. oston.—Agreeable to orders marched his
company to Hartford and delivered the orders to Col. Hub-
bard and Commissary Colt ; both said they had no flour and
no ovens yet built; at Boston, also, found no flour, so dis-
missed his company of bakers. Wishes to know where to
lodge certain receipts. Will forward the pay of Adam Fort,
a baker, to headquarters, by the first good opportunity.

Vol. iv, No. 98.

TUCKERMAN, ABRAHAM, to Mr. Brown:

1780.—January 5. Highlands.—QHas sent his accounts of disburse-
ments in the months of November and December. Gen.
Glover says he will pay the accounts which were objected to.
Vol, Nov 777

VAN DER BurGH, JAMES, to Cot. Upny Hay:
1779.—Vovember ro. Beekman’s Precinct.—Desiring to know
what he will allow per month for riding express. They will

all decline the service unless a price be fixed.
Copy.) Vol. xa, Now s:

VANDEWALL, MarkKEs (Lieut.), to Capr. GRay :

1779.—April z. Order to have the bearer’s (Joshua Hunter’s)
musket repaired. Vol. xii, No. 82.

1779.—Afpril 2.—Order to send him by bearer fifty ten-penny
nails. Vol. sai, No... 103.

WapE, Francis (Col.), to Cot. JoHN MITCHELL :
1779.—May 18. Wailmington.—Has just received word that the

enemy has landed and taken possession of Portsmouth in Vir-

ginia, consequently is preparing to remove the stores at Elk.

Account by letter says they are on their march to Suffolk with

4000 men; generally thought that they will proceed to Balti-

more. Will want some of the shallops down directly.

Vol. v,' No:.34°

WADSWORTH, JEREMIAH (Col.), to Cot. HOOPER :

1779.—/anuary 16. Philadelphia,—An extract asking Col. Hooper
to send off immediately a large quantity of flour.
Vol. iv, No. 46.

316 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

WALKER (Lieut.), to Capr. GRay:

1778.—Decemler 26.—Reminding him of his promise to give him
the bedstead in the loft. Vol. xii, No. 87.

1778.—December 30.—Order to shoe his horse.
Vol. xii, No. 95.

Wess, Isaac (Lieut.), to Carr. GRAY:

1779.—March 19.—Orders concerning a box being made to hold
his linen. Vol. vii, No. 72.

WEIss, JAcosB, to Maj. RICHARD CLAIBORNE:

1779.—Sfebruary 4. Camp.—Giving names of persons in his de-
partment. Requested Col. Hay to send in the tents for re-
pair. Vol. ix, No."r21.

To ForsytTH, Rosert (Col.):

1779.—Lebruary 2. Camp.—Has just written to Col. Mitchell for
leather. Will attend to stores. Vol.vix, No. 122%

To OLNEY, GEORGE:

1779.—October 18. New Windsor.—Wishing to borrow a small
quantity of red ink; if the General is done with the books he
left, would like them sent back by bearer. Vol. iii, No. 123.

1 780.—Ffebruary 18.—Concerning shoes and the different prices at
which they are selling ; asks for some rule as a guide.
Vol. ii, No. 103.
1780.— February 18.—Enclosing account of certain clothing, and
also of the prices estimated by Col. Mitchell, by which further
settlements can be made. Vol. iii, No. 62.

WELCH, NATHANIEL, to CAPT. GRAY:

1779.—<April 9.—Order to repair one musket for the Second Vir-
ginia Regiment. Vol. xii, No. 97.

WHITING, TIMOTHY, to Cot. Upny Hay:

1779.— October 13. West Point.—His situation different from his
brethren in office, on account of his being annexed to the line
of the army; therefore ought to be treated on the same foot-
ing witha captain in the line, as was done in May, 1777. Has
no aversion to the service, its hard work and inadequate pay,
but thinks the sacrifice too great unless he has a prospect of
being on a level with the officers of the line. Begs him to

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. Sy

Wuitinc, Timotuy, to Cot. Upny Hay (continued ):

state the matter to the Quartermaster-General and request
him to lay it before Congress, in which case he is willing to
continue his services until January 1. Vol. ili, No. 59.

WIcKES, THOMAS, AND HARRISON, JOHN, AND Capp, JOHN
(A. D. Q. M. Gen’ls), to Cot. Upny Hay:
1779.—October 8. Fishkitl,—Concurring with the other officers
in relation to their treatment by Congress, but differing with
them (not through inclination, but hard circumstances) respect-
ing the time when they must resign; miserable situation of
their families renders this precaution necessary.
Vol. ili, No. 57.

WILKINSON, JAMES (Gen.), to UNKNOWN CORRESPONDENT:

1779.—October 10. Murderers Creek.—Begs him to forward the
enclosed to Mr. John Moylan, whose presence at Newbury to
take charge of the magazine of clothing is immediately
needed. Vol. ii, No. 105.

WILLIAMSON, MATTHEW, to CoL. CHARLES PETTIT:
1778.—September 17. LElizabethtown.—Asking for an inquiry into
the affair of one Capt. Riley, of the Twelfth Pennsylvania
Regiment, who impressed a horse belonging to a Mr. Salter
and never returned it. Vol. ix, No. 124.

Woopson, Hucus (Capt.), to the ARMORER :

Vo date.—An order to repair the bearer’s musket.
[A fragment.] Vol. xii, No. 67.

RECORDS OF A COURT OF INQUIRY, HELD ON THE
MEMORIAL OF CAPT. JOHN BANCKER, BARRACK-=
MASTER OF PART OF THE STATE OF NEW
YORK.

JoHN BANCKER’S MEMORIAL :

1779.—August 4. Philadelphia.—To the Honorable, the Continen-
tal Congress :—Setting forth the various positions of trust he
has held up to rst of April, 1778, when he was appointed Bar-
rackmaster of large district in State of New York. Unex-
pectedly relieved of his position on July 14 by Col. Hay in

318 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

JoHN BANCKER’S MEMORIAL (continued ) :

favor of Capt. John Capp. Complains of this injustice and
other grievances, which he begs may be investigated.
[Copy.] Vol. xi, No. 8d.

BoGERT, CORNELIUS, to CAPT. JOHN BANCKER:

1779.—March 6. Fishkill.—Can get no wagons to carry wood ;
people complaining for want of wood and cursing and swearing
at him (Bancker); the sick really in want of wood.
Vol: x1,; No. Sa:

DICKINSON, JOHN, and ScuppER, NATHANIEL (Committee of
Congress), to GEN. NATHANIEL GREENE:
1779.—August 20.—Extract of a letter concerning Mr. John
Bancker’s memorial, and a copy of Gen. Greene’s answer,
dated August 30, 1779. Vol. xi, No. 8a.

DopcE, SAMUEL (Justice of the Peace), to Capr. JOHN
BANCKER :

1779. May 13. Poughkeepste.—Impossibie to give the wagons
applied for. Scarcity of forage. Vol. xi, No. 8m.

FALLon, JAMEs (Senior Surgeon), to Cot. Upny Hay:

1779.—March 5. Fishkill, —Pitiable condition of the sick soldiers
owing to Mr. Bancker’s not supplying them with either
wood or straw. Unless this want is remedied by Col. Hay,
many deaths must occur. Is determined to have Mr. Bancker
arrested, that by a proper inquiry the origin of these cruel evils
may be ascertained. Mr. B. blames the civil power for not
supplying teams and wagons.

[An extract] /Vol* xi) Noon:

To McDoucaLLt, ALEXANDER (Gen.) :

1779.—March 8. Fishkill,—Calling upon Gen. McDougall, as
the supreme military commander of the station, to redress the
evils which Mr. Bancker’s indolence} inactivity, inattention,
neglect and utter incapacity to do the duties of the post, has
brought upon them. The poor sick have suffered most, being
shamefully neglected in the articles of wood and straw. They
would all have perished had not Col. Hay come to his assist-
ance. Vol. xi, No. 97.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 319

Hae, D. (Major), to Carr. JoHN Capp:
1779.—/une 22. Fishkill_—By a late resolve of Congress the Bar-
rackmaster’s branch is annexed to his department. A vacancy
of an Assistant Quartermaster to superintend that business.
This vacancy shall be reserved for him (Capt. Capp), at $160
a month, if he will leave the line and take it. Sure Col. Hay
can provide comfortable quarters for Mrs. Capp. Enemy re-
main close at King’s Ferry. Desertion prevalent among them.
Accounts of an action from the southward. Arrival of Leonard
Van Buren at Fishkill from New York; cannot learn on what
terms he is out.
[Genuineness of above letter confirmed by J. Huntingdon. ]
Vol. xi, No. 8d.

Hay, Upny (Col.), to Capt. JOHN BANCKER:

1778.—September 11. White Plains.—Absolute necessity of repair-
ing barracks at Fishkill. Tells him to apply to Major Hale
for every assistance in his power. [Copy.] Vol. xi, No. ge.
1779.—/anuary 25. Fishkili.—Daily complaints from persons in
his department on the subject of wood which they cannot ob-
tain from Mr. Bancker ; other complaints concerning the issue
of candles, etc. Asks for a written answer on all these subjects.
Vol. xi, No. 9d.

1779.—July rg. ishkil’.—In consequence of resolve of Congress,
has it in command of the Quartermaster-General to take under
his direction all the barracks within his department. Asks
Mr. Bancker, therefore, to inform him what situation the bar-
racks are in, and what stores are on hand, that they may be
delivered to a proper person, appointed to receive them.
Vol. xi, No. oe:

1779.—August 31. Fishkill—Received from Gen. Greene the

copy of a memorial presented by Mr. Bancker to Congress, in

which he finds some heavy charges against himself. Gives him

fair notice of an application he has made to Gen. Greene

for a court of inquiry, in order that Mr. B. may procure his
witnesses. Vol. xi, No. 9f

1779.—September 2. Fishkil/.—In consequence of Mr. Bancker’s

memorial to Congress complaining of him, a Court of Inquiry

is ordered to sit the following morning at Gen. Huntingdon’s.
PROC. AMER. PHILOS. SOC. XXXIX. 162. U. PRINTED JULY 380, 1900.

320 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

Hay, Upny (Col.), to Capt. JOHN BANCKER (continued ):

Gives him this notice that he may be properly prepared both
for defending his own character and attacking his (Udny Hay’s).
There is to be no quarter on either side. Vol. xi, No. 9é.

To Bantam (Col.) :

1779.—March 12. Fishkill,—In consequence of letter from Gen.
McDougall, has done his utmost to supply the sick, etc., with
firewood, which they could not procure from the Barrackmaster ;
constantly interrupted in this work by Mr. Bogart, assistant of
the Deputy Barrackmaster’s. Asks that the matter may be
looked into at once. [Copy.] Vol. xi, No. gg.

To BocarT, CORNELIUS:

1779.—September 3. Fishkill,—Enclosing a copy of the questions
he intends putting to him that very day before the Court of
Inquiry, which sits on his and Mr. Bancker’s conduct. Gives
him this opportunity to frame his answers as much in Mr. B.’s
favor as a strict adherence to the truth will admit.
[Copy.] Vol. xi, No. 9.

To GREENE, NATHANIEL (Gen.) :

1778.—May 26. Fishkill,—Informing him that the Barrackmaster
receives all his orders from the Barrackmaster-General inde-
pendent of the Quartermaster’s department; asks if that is
correct. [Copied extract.] Vol. xi, No. ga.

1778.—June 29. Leekskill—Repeats that the Barrackmaster con-
siders his department independent of Col. Hay’s. Asks for
his orders on the subject.
[Copied extract.] Vol. xi, No. 9d.

«779.—August 31. Lishkill.—F¥avored by Mr. Olney with copy of
Mr. Bancker’s memorial to Congress with extract of letter from
John Dickinson and Nathaniel Scudder to Gen. Greene (Vol.
xi, No. 8a) concerning it. Asks that the accusations against
him may be fully investigated. Will prove guilty to dismissing
Mr. Bancker, but will endeavor to prove his total incapacity
and continual neglect of duty. Vol. xi, Noe

McDouGALL, ALEXANDER (Gen.), to Capt. JOHN BANCKER:

1778.—December 13. Fishkill—Ordering him to proceed to
Poughkeepsie and prepare for the reception of Col. Jackson’s

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 321

McDoucaLL, ALEXANDER (Gen.), to Capr. JOHN BANCKER
(continued ) :
regiment. Orders respecting a supply of wood for the troops.
Advises him to appoint a deputy to assist him; also to choose
the best road for the troops to march by. Vol. xi, No. 87.
1779.—February 16. Peekskill.—Expects him to be at Peekskill
in two days to continue a fortnight in a situation there. He
is to give orders to his deputies to transact his business faith-
fully in his absence. (Copy. ] . Vol. x1, Ne. 32:
1779.—March 6. Peekskill—His express orders to Mr. Bancker
to pay for all wagons contracted in his department, to obviate
the double expense of their going to Philadelphia for the
money, and also to consider himself Barrackmaster wherever
the greatest number of troops are cantoned, from Poughkeepsie
to Croton. Vol. xi, No. 8¢.
SCUDDER, NATHANIEL, and DICKINSON, JOHN, (Committee of
Congress,) to GEN. NATHANIEL GREENE:

1779.—August 20.—Extract of a letter concerning Mr. John
Bancker’s memorial, and a copy of Gen. Greene’s answer,
dated August 30, 1779. Vol. xi, No. 8a.
SmiTH, E. A., to Cot. Upny Hay:

1779.—March 6. Fishkill.—Suffering of the sick, owing particu-
larly to lack of wood. Mr. Bancker’s fair promises amount to
nothing. Begs Col. Hay to supply them with wood or to have
the authority vested in him. [Copy.] Vol. xi, No. 9/.

1779.—March 21. Fishkill.—Must trouble him again about wood
Is it Mr. Bancker’s purpose to destroy the sick? Why, then,
does he promise wood and straw and never deliver it? The
intentions of his medicines counteracted by the cold; begs
Col. Hay to send some wood. [Copy.] Vol. xi, No. 9m.
STEVENS, NATHANIEL, to Cot. Upny Hay:

1779.—September z.—Sending certificate relative to the number of
persons belonging to his department for whom Mr. Bancker
constantly drew provisions. [Copy.] Vol. xi, No. gz.
StorM, THOMAS (Justice of the Peace), to CAPT. JOHN BANCKER:

1779.—March 10. Hopewell—Unable to comply with his request
for teams; farmers busy sowing. Thinks teams at Fishkill
could better haul wood for fuel than these farmers.
Vol. xi, No. 82.

322 CALENDAR OF THE GREENE CORRESPONDENCE, [April6,

PapERS RELATING TO THE CourT OF INQUIRY.

Accounts.
Mr. Bancker’s account of expenditures exceeding his receipt
of cash. Vol. xi, No. 82.
Certificates.

Form of certificate produced by Mr. Bancker to prove that
persons in his employ had to go to Philadelphia, or elsewhere,
to Col. Melcher for their money, rendering it difficult to hire
any. Vol. xi, No. 82.

Certificate of Major Seth Bannister concerning the amount
of wood cut and burnt to keep the barracks warm.

Vol. x1, No.48z:
Lvvidence.

Ten foolscap pages of evidence produced in the Court of
Inquiry appointed to examine into the reasons of Mr. John
Bancker’s dismission by Col. Hay. Vol. xi, No23f

Justifications.

Major Bancker’s justification of himself; giving his reasons
for not providing the wood at the proper time.

Vol. xi, No. rodz.

Col. Udny Hay’s justification of himself before the Court of
Inquiry appointed to investigate Mr. Bancker’s dismission by
him [Col. Hay]. Takes each of the five charges made against
him by Mr. Bancker and refutes them one by one.

[Twelve pages g.] Vol. xi, No. roz.
Questions.

General questions from Nos. 1 to 9—put by Col. Hay to
several witnesses and answered in the course of the proceed-
ings of the Court. Vol. xi, No. 8g.

Particular questions put by Col. Hay to several witnesses,
answered in the course of the proceedings of the Court.

Vol. xi, No. 8A.

Questions to Mr. Bancker put by Col. Hay and answered in
the course of the proceedings. Vol.|xi, Nos i87:

Records. '
1779.— September 3. Letlson’s Point (Gen. Huntingdon’s Quarters).
—Record of proceedure of Court of Inquiry appointed
to examine into the reasons of the dismission of Mr. John
Bancker from office of Deputy Barrackmaster.
Vol. xi, No; 82:

1900.] CALENDAR OF THE GREENE CORRESPONDENCE, 3238

RETURNS OF THE QUARTERMASTER DEPARTMENT.

ABEEL, JAMES (Col.):

1779.—/anuary.—Return of stores in Col. Udny Hay’s Depart-
ment at Fishkill. Vol. x, No. 74.

1779.—february 16.—Return of Quartermaster-General’s stores
received at Morristown. Volex, Novos:

1779.—April 30.—Return of tents. Vol. xu, No: 42:
1779.—/u/y 72.—Return of Quartermaster stores.
Vol. x, No. 80.
BALDWIN, JEDUTHUN (Col.):

1778.—December r.—Monthly return of artificers under his com-
mand. Vol. x, Now23%

1779.—february 4.—Return of artificers. Vol. x, No. 100.

1779.—/une 28.—Return of artificers, their stores, tools, etc.
Vol. iv, No. rIo.
1779.—September r.—Return of artificers, tools, etc.
Vol. xi, No. 14.
1779.—September 72,—Return of persons employed under him.
Vol. xij INos!22.

1779.—September 77.—Return of artificers, tools and stores.
Vol. xi, No. 24.

1779.—Scplember 25.—Return of artificers, etc.
Voli xi, No. 30.

1779.—September 25.—Return of stores and tools on hand.
Vol-xi; NO. 37:
BARBER, F.:
1779.—/uly 237.—Return of the army under Gen. Sullivan.
Vol. ii, No. 67.
BARNES, JOHN: °
1779.—february 3.—Return of articles in possession of Gen.
Woodford’s Brigade. Vol. x, No. 76.
BEeTTs, WILLIAM M.:

1779.—September x. Fishkill.—Return of Quartermaster-Gen-
eral’s stores in the brigades at West Point and Fort Consti-
tution. Vol. xi, No. 12.

324 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

BIDDLE, CLEMENT (Col.):

1778.—Return of forage purchased and received under the direction
of Owen Biddle in 1778. Vol.:x1, No: 67:

Return of forage issued under the direction of Owen Biddle,
Esq. 2778: Vol. xi, No. 68.

Return of forage on hand in the several districts under the
direction of Owen Biddle, Esq., December 31, 1778.
Vol. xi, No. 69.

Return of forage on hand in the several districts under the
direction of Owen Biddle, Esq. Vol-1, No. 82:

General return of forage purchased and received under the
direction of Owen Biddle, Esq., in 1778. Vol.ay Nows3.

Return of forage issued under the direction of Owen Biddle,
Esq., 1778. Vol. i, No. 84.

Return of the forage on hand in the several districts under
the direction of Owen Biddle, Esq., 31st December, 1778.
Vol. i, No. 88.

1779.—May 12. Middlebrook.—Return of forage issued to the
brigades of the army in Jersey, from January to April, 1779.
Vol. 21,.No. 50:
Return of forage received at Middlebrook from January to
April, inclusive, 1779. Vol. xi, No. 6.
Return of forage on hand in the several districts under the
direction of Owen Biddle, Esq. Vol. xi, No))62.
General return of forage purchased, received and issued in
the month of March, 1779, under the direction of Owen
Biddle, Esq. Vol; xi, Nos6e:
Return of forage on hand in the several districts under the
directions of Owen Biddle. Vol. xi, No. 64.
Return of forage issued under the direction of Owen Biddle
in January and February, 1779. Vol. xi, No. 65.
Return of forage purchased and received under the direction
of Owen Biddle in the months of January and February, 1779.
Vol. xi, No. 66.
Return of forage received, issued and on hand in the eastern
and northern districts for the year 1779. Vol..i,.Nog77-

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 325

BIDDLE, CLEMENT (Col.) (continued ):
Return of forage received at the magazine in Camp Middle-
brook, January, February, March and April, 1779.
VolsisNos48.-
Return of forage issued to the brigades of the army in Jer-
sey, January, February, March and April, 1779.
Vol. 1, Nox 70:
Return of forage received at the magazine at Trenton by
shallops up the Delaware from the opening of the river in
February to the 28th of April, 1779. Vol. i, No. 80.

Return of forage received, issued and on hand in the eastern
and northern districts for the year 1779. Volt, Now Sn.
Return of forage issued under the directions of Owen Biddle,
Esq., in January and February, 1779. Vol. 1, No. 85:
Return of forage purchased and received under the direction
of Owen Biddle, Esq., in January and February, 1779.
Vol. i, No. 86.
Return of forage on hand in the several districts under the
direction of Owen Biddle, Esq., the 28th of February, 1779.
Vols i; NowS7-
Return of forage purchased, received and issued in the month
of March, 1779, under the direction of Owen Biddle, Esq.
Vol. i, No. 89.
BoweEN, EPHRAIM (Col.):
1779.—February 15. Providence.—Return of stores, men em-

ployed, etc. Vol. x, No. 106.
Return of the Wagonmaster-General’s Department, State of
Rhode Island. Volix, No: 107.
Return of stores issued from the Quartermaster-General’s
Department, State of Rhode Island. Vol-x, No: 108:
Return of the men employed in the Quartermaster-General’s
epartment, State of Rhode Island. Vol; x; Na: 109:
1779-—April 3. Providence-—Return of stores, etc., in the State
of Rhode Island. Vol. xii, No. 45.

Return of Wagonmasters in State of Rhode Island.
Vol. xii, No. 46.

BruIN (Capt.):
1778.— October 12.—Return of clothing needed for his company
of artificers. Vol. xi, No. 56.

326 CALENDAR OF THE GREENE CORRESPONDENCE. (April 6,

CapE, JOHN:

Return of the lumber issued from November 27—December
1S, Ly7o = Vol. x, No. 30.
CAVENAGH, HENRY:

1778.—December 8.—Return of clothing for Col. Hay’s team-
sters. Vol. xi, No. 57.
Cuase, THomas (Col.):

1779.— February 2.—Return of Continental stores in his posses-
sion. Vol. x, No. 94.

1779.—February 6. Boston.—Return of men employed in Quar-
termaster-General’s department. Vol. x, No. e1.
1779.—April z.—Return of Continental stores.
Vol. xii, No.r43:
No date. Boston.—Return of persons employed under him.
Vol. xi; No. 22:
CHURCH, ALEXANDER:
1779.—February 28.—Return of the horse-yard. Vol. x, No. 64.
1779.—April 25.—Return of the horse-yard. Vol. xii, No. 42.
Return of horses from May 30 to June 30.
Vol. iv, No. 103:
Return of horses from August 29 to September 6, 1779.
Vol. xi, No. 15.
Return of horses from September 6 to 20, 1779.
Vol. xi} (Noi.
1779.—September 26.—Return of persons employed.
Vol. xi, No. 41.
Return of horses from September 20 to 28, 1779.
Vol. xi, No. 42.
Return of horses from September 23 to October 7, 1779.
Vol. xi, Nos rr7:
Return of horses from October 7 to 14, 1779.
Vol. xii, No. #16.
Return of horses from October 14 to 21, 1779.
Vol. xii, Noo arse
Return of horses from October 21 to 30, 1779.
Vol. xii, No. 114.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 327

CHURCH, ALEXANDER (continued ):

Return of horses from October 30 to November 8, 1779.

Vol; xis Now 152;
Return of horses from November 8 to 15, 1779.

Vol. xi, Nowa:
Return of horses from November 15 to 22, 1779.

Vol. xii, Noo 123%
Return of horses from November 22 to 29, 1779.

Vol. xii, No. 124.
Return of horses from November 29 to December 7, 1779.

Vola xii,..No; 125).
Return of horses from December 7 to 12, 1779.

Vol. xii, No. 126.
Return of horses from December 15 to 23, 1779.

Vol, xii,.No; a19-
Return of horses from December 23 to 31, 1779.

Vol. xii, No. 118.
Return of horses from February ro to 17, 1780.

Vol. xii, No. 120:
Return of horses, February 17 to 24, 1780.

Vol. xii; No. 121.
Report of horses in the yard, February 25, 1780.

Vol. xi1, No; 122:

CoNNOR, CHARLES:
1779.--June 9. Camp Clove-—Charles Connor’s return of the

teams, etc., belonging to the Pennsylvania Division com-
manded by Gen. St. Clair. Vol. iv, No.-rer.

Davis, JoHNn (Col.):

1779-—Lfebruary 28.—Col. Davis’ return of Quartermaster’s stores.
Vol. x, No. 63.
DE Haas, JOHN Pui.ip (Col.):
Without date.—Return of rations due the 1st Pennsylvania Regi-
ment commanded by him, commencing Quebec, March 13,
and ending Crown Point, July 6, 1776. Vol. vii, No. 9.

DuNN, JEREMIAH:

1779.—ebruary 73.—Return of express riders under him.
Vol. x, No. ro2.

328 CALENDAR OF THE GREENE CORRESPONDENCE, [Apmil6,

DUNN, JEREMIAH (continued ):
1779.—February 22.—Weekly return of express riders.
Vol. x, No. gt:
1779-—April 23.—Return of express riders with the army.
Vol. xii, No. 48.
Dyer, Epw.:

1779.—february ¢.—Return of Quartermaster-General’s stores in

1st Maryland Brigade. Vol. x, No. gg.
1779.-—September zz.—Return of stores in the 2d Maryland

Brigade. Vol. xi, No. 20,
1779.—September 18.—Return of stores in the 2d Maryland

Brigade. Vol-*xijeNo. 29.

1779.—September 26.—Return of stores in 2d Maryland Brigade.
Vol. xi, No. 40.
ELTon ( Lieut.):
1778.— October 12. #redericksburg.—Lieut. Elton’s return of
clothing for part of Capt. Matthias Sadler’s company of arti-
ficers for 1778. Vol sx, No.5:

Evre, BENJAMIN G.:

Without date.—Return of all the men employed in the boat de-
partment now in actual service at Middletown and Potomac.
Vol. iv, No. 104.

FINNIE, WILLIAM (Col.):
1779.—March 3z.—General return of forage. Vol. xii, No. 16.

1779.—Afr7/,—Return of forage contracts. Vol. xii, No. 19.
Without date.—Return of grain from June 6, 1778, to April 16,
1770. Vol. xii, No.17:

GREENE, JACOB:
1779.—Apri/ 7.—Return of stores in the State of Rhode Island.
Volt, INo.35:
Hay, Upny (Col.) :
1778.—October 13. Sishkilé.—Return of clothing for artificers
under his direction. Vol. xi, No. 58.

1778.— October 137.—Return of Quartermaster-General’s stores
under his direction. Vol. x, No: ge:

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 329

Hay, Upny, (Col.) (continued):

1778.—December 3z.—Return of artificers under his direction.
Velie No./93:
1779.—February 2.—Return of public horses sent to winter.
Vol:'x, Noy 92:
1779.—Afpril 9.—Return of sundry articles wanted at Fishkill.
Vol. xii, No. 25.
Hewitt, SAMUEL (Capt.) :
1779.—April 30.—Return of the horses, wagons and other property
belonging to the wagon department at the post of Elk.
Vol. iv, No. 102.
1779.-—May 3z.—Return of the horses, wagons, etc., belonging to
the wagon department at the post of Elk. Vol. iv, No. 114.
1779.—/une 30.—Return of the wagons, horses, etc., belonging to
the wagon department at the post of Elk.
Vol. iv, Nov 2472
Howe, BaxTER (Quartermaster) :
1778.—December 73.—Return of horses in Gen. Knox’s brigade
of artillery. Vol. x, No: 126:
1779.—ebruary 4.—Return of Quartermaster’s stores with the
artillery. Vol. x, No. 78.
1779.—April zo.—Return of marquees, etc., with the artillery at
Pluckemin. Vol. xii, No. 29.
1779.—April 22.—Return of sundry articles purchased by Col.
Mitchell for the park of artillery. Vol. xii, No. 39.
1779.—September 76.—Return of stores in the park of artillery
commanded by Brig.-Gen. Knox. Vole xi, Nor 23.

HowELL, READING:

1779.—/une.—Return of Quartermaster-General’s stores in the
county of Chester. Vol. iv, No. 105.
HUBBARD, NEHEMIAH :

1778.—December j3z.—Return of stores in the Quartermaster-
General’s department in Connecticut under his direction.
Vol. x) Nowy
1779.—/anuary 1.—Return of artificers enlisted for three years,
or during the war, employed in State of Connecticut.
Vol. vii, No. 54.

330 CALENDAR OF THE GREENE CORRESPONDENCE. [April6,

HUBBARD, NEHEMIAH (continued) :
1779.—Apri/ z.—Return of assistants, clerks, etc., in the State of
Connecticut. Vol.jsai, No; 63.
1779.—Afril §.—Return of stores. Vol? adi; No 22.
1779.—April §.—Return of wagons, horses, etc.
Vol. xii, No. 44.
1779.—April 5.—Return of teams hired and employed in Conti-
nental service in the State of Connecticut.
Vol-axu, No. 55.
1779.—September 18. Hartford.—Return of teams hired and
employed. Vol. x1, No. 30.
1779-—Return of teams to serve on west side of Hudson river.
Vol. xi, No. “32.
NVo date.—Return of scow-boats on Connecticut river.
Vol. x1, No." 32:

HuGHES, JOHN:
1779.—Lebruary 2.—Return of camp equipage in the rst Pennsyl-
vania Brigade. Vol. x, No. ror.
1779.—Lebruary 4.—Return of Quartermaster-General’s stores in
the 1st Pennsylvania Brigade. Vol. .x, No..77.
1779.—february 17.—Return of horses in the 1st Pennsylvania
Brigade. Voliix, Now.
1779.—April r.—Return of stores in the rst Pennsylvania Brigade.
Vol. xii, No. 49.
1779.—/une 73.—Return of Quartermaster-General’s stores in the
1st Pennsylvania Brigade commanded by Brig.-Gen. William
Irvin. Vol. iv, No. 109.
1779.—September 10.—Return of the rst Pennsylvania Brigade for
camp equipage. Vol.xi). No. 77.
1779.—September 18. West Point.—Return for camp equipage in
the rst Pennsylvania Brigade. Vol. xi, No2.26.
1779.—September 26.—Return of camp equipage in 1st Pennsyl-
vania Brigade. Vol. x1; No: 38:

LANSING, PHILIP:

1779.—february 28.—Return of forage purchased and remaining
in the Northern Department. Vol. x, No. 83.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. Ban

Lawson, BENJAMIN :

1779.—Lebruary g.—Return of Quartermaster-General’s stores in

the 2d Virginia Brigade. Vol... x; No. 60:
1779.—February 17.—Return of horses in Gen. Scott’s brigade.
Vol. x, No. 65.

Lewis, Morcan (Col.):
1778.—Return of officers in the Northern Department.

Vol. x, No. 39.
1779.—ebruary.—Return of Quartermaster-General’s stores in
the Northern Department. Vol... x, No. 8:

1779.—A fril.—Return of stores, etc., in the Northern Department.

Vol: aa; No: 14:
McCuLLocu, JAMEs:

1779.—february z7.—Return of horses in 2d Pennsylvania
Brigade. Vol. 2x, No» 67;

Marsury, Josepu (Capt.):
1779.--February 4.—Return of camp equipage in the 1st Mary-

land Brigade. Vol. x, No. 98.
1779.—Lebruary z7.—Return of horses in the 1st Maryland
Brigade. Vol. x, No. 60.
1779.—September rz.—Return of Quartermaster’s stores in the ist
Maryland Brigade. Vol. x1; Now xo,
1779.—September 78.__Return of Quartermaster’s stores in the rst
Maryland Brigade. Vol. xi, No. 28.
MENG, CHRISTOPHER:
1778.—December 28.—Return of saddles. Vol. x, No. 38.
1779.—September 6. New Windsor.—Return of camp equipage in
Mr. Weiss’ family. Vol. xi, No. 16.

MITCHELL, IGNATIUS:
1779.—Lebruary 16.—Return of horses in 2d Maryland Brigade.
Nol. x, Noy 62:
1779.—Lebruary. 76.—Return of horses in 2d Maryland Brigade,
February 16, 1779. Vol. x, No. 68.
MoyLan, STEPHEN :

1780.—/January 30. Middletown.—Return of shoes purchased for
Moylan’s Light Dragoons. Vol. ix, No. 69a.

ook CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

NorpDoN, ARCHIBALD N.:

1779.— October 3z.—Return of wagons, boats, stores and forage
destroyed by the enemy at Middlebrook, October, 1779.
[Copy. ] Vol. iii, No. 14.
NORTH, GEORGE:

1779.—February 2.—Monthly return of Quartermaster-General
stores in 2d Pennsylvania Brigade. Vol. x, No. 87:

1779.—April rz. Middlebrook.—Return of stores in 2d Pennsyl-
vania Brigade. Vol. xii, No. 50.

1779.—/January 2. Hanover.—Return of Quartermaster-General
stores in the 2d Pennsylvania Brigade. Vol. iv,Nos 222:

1779.—Seplember 4. West Point.—Return of Quartermaster-
General stores in Col. Johnston’s 2d Pennsylvania Brigade.
Vol-*xi,; No: 13:

1779.—September rz.—Return of stores in the 2d Pennsylvania
Brigade. Vol. xi, Noi 2;

1779.—September 18. West Point.—Weekly return of Quarter-

master-General stores in the 2d Pennsylvania Brigade.

Vol. x1, Nov 25;

1779-—September 25.—Weekly return of stores in the 2d Pennsyl-
vania Brigade. Vol. xi, No. 36.

OAKLEY, CORNELIUS :
1778.—LVovember 20.—Return of horses from November 9 to the

20, 1778. Vol. x, Nos. 36 and 37.
1778.—December 1g.—Return of horses from November 20 to De-

cember 14, 1778. Vol. x, No: 24°
1778.—December 23.—Return of horses from December 14 to the

2a 78. Vol. x, INoi<27,
1778.—December 3z.—Return of horses. Vol.-x, Nos 41.

1779.—february z.—Return of horses taken from headquarters
to Valley Forge. Vol. x, No. 86,
1779.—/July 3.—Return of rations drawn for the use of Gen.
Greene’s family from July 23 to 31, 1779.
Vol. xii, No. 66.
1779.—August r.—Return of provisions drawn for the use of Gen.

Greene’s family from August 1 to 7, 1779.
Vol. xii, No. 62.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE, 333

OAKLEY, CORNELIUS (continued ):

1779-—August rg4.—Return of rations drawn for the use of Gen.
Greene’s family from August 7 to 14, 1779.
Vol. xii, No. 63.
1779.—August 27.—Return of rations drawn for the use of Gen.
Greene’s family from August 15 to 21, 1779.
Vol. xii, No. 64.
1779.—August 37.—Return of rations drawn from A. C. issues
from August 23 to 31, 1779. Vol. xii, No. 61.
1779.—September 7.—Return of rations drawn for the use of Gen.
Greene’s family from September 1 to 7, 1779.
Voloxu, Now 65.
Otis & HENLEY:

1779.—Apri/ r.—Return of Quartermaster’s stores in their posses-

sion. Vo}. xil, No. 59.
1779.—April 26.—Return of stores on hand and of tents for-
warded to Springfield. Vol> xi, No; 41.

1779.—/une z.—Return of wagonmaster’s stores in their posses-
sion. Voli iv, No: 115;

OVERTON, THOMAS:

17379.—April 29.—Return of stores in the 2d Virginia Brigade.
Volt xit, No.52-
1779.—/une 72.—Return of Quartermaster-General stores in Gen.
Muhlenberg’s Brigade. Vol. 1v, No: ‘120:

PaRKER, PHINEAS (Lieut.) :
1778.—October 12. Fredericksburg.—Return of clothing for the
late Capt. Pollard’s company of artificers for 1778.
Vols x1; No: 54:
PATTON, ROBERT:

3779-—/une 29.—Return of persons employed in the Quarter-
master-General’s department. Vol. iv, No. 113.

1779.—/uly z.—Return of stores on hand at the post of Lebanon.
Vol. iv, No. 112.
SHERIFF, CORNELIUS (Col.):

1779.—April 30. Downingtown.—Return of persons employed in
the Quartermaster-General’s department in the district of
Chester. ‘ Volz xit, No: 1:

384 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

SHERIFF, CORNELIUS (continued) :
1779—Afril 30. Downingtown.—Return of persons employed in
the forage department. Vol. xii, No. 13.

1779.—Afpril 30. Downingtown.—Return of stores on hand the
last of April, 1779, in Chester County district.
Volant, Noriss-
SMITH, WILLIAM:

Return of stores, etc., for the month of February, 1779.
Wol..xi,/ No.7 12.

Return of persons, stores and forage for the month of March,
17 70 Vol. xii, No. 47.
STARR, EzRA:
1779.—April z.—Return of stores. Volsxai; No.23:
1779.—April 7.—Return of men employed in the Quartermaster’s
department at Danbury. Vol: xii; Noo 56:
STEWART, CHARLES:
1779.—/January 24.—Return of tents, etc., delivered from the

North Carolina Brigade. Vol. x, No. 56:
1779.—february g.—Return of tents kept by the officers of the
North Carolina Brigade. Vol.-35 No: 79:
1779.—february 7.—Return of camp equipage in Col. Clark’s
North Carolina Brigade. Vol. a5 No: 75;
1779.—february 7.—Return of tents delivered at Morristown to
Deputy Quartermaster-General. Vol. x, No. 104.

1779.—frebruary 26.—Return of camp equipage, etc.
Vol.*x; No. 54:

1779.—Lebruary 26.—Return of riding horses in North Carolina

Brigade. Vol. x, No. 755:
1779.—April 72.—Return of wagons and teams in North Carolina
Brigade. Vol.:xii, No. 3:
1779.—April 12.—Return of riding horses in the North Carolina
Brigade. Vol. xii, No. 33.
1779.—Apric r2.—Return of camp equipage in the North Caro-
lina Brigade. Vol. xii, (No.734;

1779.—April r8.—Return of horses and teams in the North Caro-
lina Brigade. Vol. xii, No. 36.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 3a0

STEWART, CHARLES (continued ):

1779.—Afril 7S.—Return of riding horses which draw forage in

the North Carolina Brigade. Vol xu, Nox 37:
1779.—April 78.—Return of camp equipage in the North Caro-
lina Brigade. Vol. xai;Noz 38:

THOMPSON, JAMES (Col.):

1779.— February 4.--Return of wagons, etc., employed with the
army at Middlebrook. Vol.=3, Novos:
1779.—Afpril 12. Middlebrook.—Return of enlisted wagons.
Vol. xii, No. 30.
1779.—Afril r2.—Return of wagons with the army at Middle-

brook. Vol. xii, No. 31.
1779.—/June 28. Smith's Clove-—Return of the wagons and horses
with the army. Vol. iv, No. 107.

1779.—September zo.—Return of stores in his family.
Vol. xi, No. 18.
TUCKERMAN, ABRAHAM:

1779.—Seplember 22.—Return of stores in Gen. Glover’s Massa-

chusetts Brigade. Vol. xi, Nov 34
1779.—September 29.—Return of stores in Gen. Glover’s Massa-
chusetts Brigade. Vol. x1, No.-43:

VOORHEES, MINNE:

1779.—September 27.—Return of tents of the Flying Hospital.
Wool. xi; Now 35:
WALKER, LEVIN:

1779.—February 4.—Return of Quartermaster-General’s stores in

the 1st Virginia Brigade. Vol x3 Noy Go:
1779.-—Lfebruary 17.—Return of horses in Gen. Muhlenberg’s
Brigade. , Vol. x, No. 61.

WEIss, JACOB:

1778.— October 14.—Return of clothing in Quartermaster-General’s

stores. Vol. xi, No. 5a;
1778.—-October 12.—Return of clothing received and wanting for
the enlisted wagoners. Vol.-x1, Nowigse

1778.—December 7.—Return of tools at Middlebrook.
1 Woleex,eiNiosars
PROC. AMER. PHILOS. SOC. XXxIx. 162. V. PRINTED AUGUST 4, 1900.

836 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

WEIsS, JACOB (continued ):
1778.—December 6.—Return of tools at Middlebrook.
Vol. ix; Nol 33:
Without date.—Return of clothing received and delivered, Septem-
ber and October, 1778. Vol. xi, No. 45.
1779.—September.—Return of casual deliveries of stores for the
campaign of 1779. Vol. xi, No. 44.
WHITING, TIMOTHY:
1779.—June ro. West Point.—Return of the boats fit and unfit
for service. Vol. iv, No. 108.
WILKINSON, NATHANIEL:
1778.—December 72.—Return of the horses in the Jersey Brigade.
Volx, No: 25:
1779.—February 4.—Return of camp equipage belonging to Gen.
Maxwell’s Jersey Brigade. Vol-x; No: 7a:

Youne, H.:

1779.—february.—Return of horses in Gen. Woodford’s brigade.
Vol. x, No. 84.

1779.—Afpril 27,—Return of the stores in the rst Virginia Brigade.
Vol. xii, No. 51.

MISCELLANEOUS RETURNS.

1779.—Afpri/.—Return of the army. Vol. xii, No. 58.

1779.—/une ro.—Return of boats lying at Fishkill landing.
Vol. iv, No. 1719.

1779.—/une zo.—Return of boats lying at Fishkill.
. Vol. iv, No. 106.

Without date. —Return of leather breeches received at Moore Hall

for public use, 1778. Vol. xi, No. 49.
1779.—February 4.—Return of the Brigade Quartermaster’s depu-
ties, clerks, ‘etc. Vol.x,. No--o7-

1779.—Afpril.—Return of camp equipage wanting and that in store
for the troops at Reading, Peekskill, etc. Vol. xii, No. 57.

Without date.—A return of iron-work for twelve galleys.
Vol. xi, ‘No. 78.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. Boys

Without date-—Return of marquees and tents for Gen. Nixon’s,
Patterson’s and Huntingdon’s brigades in the campaign of

1778. Vol. x, No. 53.
Without date.—Returns required for the Quartermaster’s Depart-
ment. Vol. vii, No. 104.

1779.—/June 26.—A return of shipwrights at Philadelphia and Fort
Prtt: Vol. iv, No. 111.

1779.—february 4.—Return of Quartermaster-General’s stores, with
the brigades in camp. Vol. x, No. 96.

1779.—March.—Return of stores for twelve row-galleys.
Wols-xi, Nov 47.

1779.—September.—Return of stores ordered to be deposited at
Estherton for the Indian expedition. Certain remarks.
Wol. x1, No.7 33:

MISCELLANEOUS PAPERS.

Abstracts.
Cook, WILLIAM:

Abstract of quartermaster’s stores purchased, received and
issued by William Cook from March 1 to December 1, 1779.
[Part torn off. ] Vol. xii, No. 60%

Accounts.
ABEEL, JAMES F. :

Account of stores sent to Middlebrook.
Vol x3 No. 22:
BIDDLE, CLEMENT (Col.):

1779.—May 12. Middlebrook.—Col. Biddle’s account of forage
received at the magazine at Trenton from the opening of the
Delaware in February to April 28, 1779. Vol. xi, No. 60.

Gore, JAMES:

James Gore’s account of his expenses from Morristown to
Philadelphia in six days. Vol.. iii, No. 6e.

Hay, Upny (Col.) :

1779.—/anuary z.—Account of stores wanted by Col. Hay at Fish-
kill, Vol. x, No: 72.

338 CALENDAR OF THE GREENE CORRESPONDENCE. [April 6,

MITCHELL, JOHN (Col.):

Without date.—Account of clothing sent from the Deputy Quar-
termaster-General’s stores in Philadelphia to the Quartermas-
ter-General’s stores at camp in August and September, 1778.

Vol. xi, No. 48.

Without date.—An account of stores sent to the Quartermaster-
General’s stores at camp in May and June, 1779.

Vol. iv, No. 116.
SHALLUS, JACOB:

1777.—Lebruary 13. Lancaster.—Account of provisions issued by
Jacob Shallus, Deputy Commissary-General.

Vol. vii, No. ro.

Without date-—Account of moneys laid out by Jacob Shallus, Quar-
termaster to the 1st Pennsylvania Regiment of Foot, com-
manded by John Philip de Haas, colonel for said regiment, on
their march from Philadelphia to Albany, January to Septem-
ber, 1779. Nol: vii, No.1.

Without date.—Account of sundry Continental stores received and
delivered at Lancaster. Vol. vii, No. 14.

TRAILL, ROBERT:

1779.—July 9. HLaston.—Account of stores and pack-saddles.
Vol. xi, No. 80.
ANONYMOUS:

1778.— October 28.—Account of clothing in store.
Vol. xi, No: 47.

General account of horses from November 16 to December
Dig mye. Vol. x, No. 28.

General account of horses from 11th to 29th December,
1778, inclusive. Vol; x; No.s26:

General account of horses from 2d to 15th February, 1779.
Volox, Nes 57:

General account of horses from March 21 to April 9, 1779.
Vol. xn, No. 28.

General account of horses from April 25 to May 3, 1779.
~ Vol. xii, No. 4o.
Acts and Resolutions.
An act to amend an act for regulating impresses of forage
and carriages, and for billeting troops within the State of New
York. [Finished in Vol. iv, No. 57.] Vol. iv, No. 59:

1900,] CALENDAR OF THE GREENE CORRESPONDENCE. 339

Act of the State of New York relating to teams, forage, etc.
[Part in Vol. iv, No. 59. ] Vol. iv, No. 57.

t778.—February 9.—Resolve of Congress concerning the right in-
vested in the Executive power of every State to regulate the
behavior of all Continental officers. Volk x0No.245

Contracts.

1778.—Contract signed by U. S. express riders. Vol. xi, No. 75.

Estimates.

HUBBARD, NEHEMIAH:
1779.—October 15.—Estimate of hay in Connecticut.’
Vol. xii, No. 20.
SMITH, WILLIAM:

1779.—/anuary 20.—Estimate of work for a row-galley.
Vol. xi, No. 86.

1779.—/anuary 20.—Estimate of articles necessary to build a row-

galley. Vol. xi, No. 87.
1779.—Afpril 9. — Fishkill.—Estimate of prices for teaming in the
State of New York. Vols xi, Nos 27.

1779.—May 9.—Estimate of the expenses attending certain ser-
vices to be performed in the Department of Springfield.
Vol. iv, No. 118.

Forms.
1779.—Form for general return. Vol..x, No: 58.
Form for return of tools. Vol. xi, No. 2.
Lnventories.

PATTON, ROBERT (Gen.):
1778.—May 28. Lebanon.—Inventory of horses, etc., sent to Col.
Pettit at Moore Hall by Gen. Robert Patton.
Vol. ‘xi, No: 74:
ANONYMOUS :

1779.—Lfebruary 12. Middlebrook.—Inventory of stores in the
Quartermaster-General’s department. Vol. x, No. 103.

340 CALENDAR OF THE GREENE CORRESPONDENCE. [April6,

Invoices.
Brooks, HENRY:

1778.— October 16.—Invoice of clothing, etc., received at Phila-
delphia. Vol. xi, No. 52.

Cox, CorNELIus (Col.):

Invoice of stores forwarded to Danbury by order of Gen.
Hand. Vol. xi, No: 79:

Otis & HENLEY:

1779-—May 8.—Invoice of woolens purchased and forwarded to
William Smith, Esq., at Springfield. Vol. vii, No. 63.

SHALLUS, JACOB:

1777.—Wovember rz.—Invoice of flour sold at the Continental
stores. Vol. vii, No. 12.

Journal.
SHALLUS, JACOB:

Copy of a journal, covering the months of May and June,
1776, kept by Jacob Shallus, Esq., of Philadelphia, who went
upon the expedition to Canada as a volunteer.

Vol. vii, No. 8.

Miscellaneous Lists.
BIDDLE, CLEMENT (Col.):

1778.—November 25. Quakerhil/.— List of horses for winter
quarters from December 1, 1778, to May 1, 1779.
Vol: x; Now 21:
GREENE, NATH. (Gen.):
1779.—March 2. Camp, Middlebrook.—List of articles to be pro-
vided and deposited at Estherton for the ensuing campaign.

Probably drawn up by Gen. Greene. [Enclosed in letter from
Gen. Greene to Gen. Washington. ] Vol. ii, No. 87.

1779.—March 3. Middlebrook.—Copy of MS. No. 87, Vol. ii.
Vol. ii, No. 85.
Howe, BAXTER:

List of officers who have riding-horses in the brigade of
artillery. , Vol. xi, No. 23a.

1900.] CALENDAR OF THE GREENE CORRESPONDENCE. 341

MYER, JOHN:
1778.—December 7.—List of provisions and stores remaining at
Daniel Wright’s. Vol.*xj Now 32:
ANONYMOUS :
1778.—December.—List of articles ordered by assistant Quarter-
master-General. Vol. x, No. 89.
1778.— October 20.—-A list of clothing to be delivered.
Voljoa, Not 53.
1778.— October 21.—A list of clothing to be issued to each com-
pany. Vol. xi, No. 46.
1778.—December.—List of stores to be kept in readiness in Phila-
delphia. Vol. x; No:.9e:
Without date.—List of sundries wanted for the department.
Vol. xii, No. 20.
1778.—List of horses to remain with the army. Vol. xi, No. 76.
Without date.—List of men employed in the boats at Springfield
to November 25. Vol. xi, No. gr.
1779.—february.—List of officers in Northern Department.
Vol. x, No. 82.

1779.—Apri/.—List of staff officers in Quartermaster’s department,

Albany district. Vol. xii, No. 3.
Without date.—List of vessels taken up. [Enclosed in letter from
Samuel A. Otis to Gen. Greene. ] Vol. iv, No. 70.
Memoranda.

Eyre (Maj.):

Memorandum of various tools. Vol. xij, No. 73:
FINNIE, WILLIAM (Col.):

Without date—Memorandum.—Will please inquire whether there
is not a resolution of Congress empowering the commander-in-
chief to order any officer he pleases a full quantity of rations in
lieu of subsistence money. Vol. xii, No. 18.
Gray, GEORGE (Capt.) :

Memorandum for Capt. Gray to make for the baker of Gen.
Muhlenburg’s brigade. Vol. xii, No. 104.
Hay, ‘Upny (Col.):

Memorandum of blankets wanting. Vol: xi, No: 81.

3842 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

HuBBARD, NEHEMIAH :
1779.—August r2.—Memorandum relating to shoemakers.
Volixi, Nowa:
MITCHELL, JOHN (Col.):

1779.—April.—Memorandum of sundry articles, received from Col.
Mitchell, to be deposited at Estherton, etc. Vol. xi, No. 72.

Morcan, Jacos (Col.) :

1779.—March 78.—Memorandum for Gen. Greene concerning the
water-carriage on the Potomac. Vol.xi, Nos33-

Otis, SAMUEL :

1779.—ebruary 27.—Memorandum of money distributed in Quar-
termaster-General’s department. Vol..x,, No. 35,

WEISS, JACOB:

1780.—February r4.—Memorandum of espontoons sent to New-

burg from June to December, 1779. Vol. xi, No. yo:
Without date.—Jacob Weiss’ memorandum of clothes at Morris-
town and Middlebrook. Vol. x, No. 34.
ANONYMOUS:
1779-—Memorandum of articles wanted in the Northern depart-
ment. Vol. xi, No. 82.
1779.—February 2.—Articles ordered to be manufactured to the
eastward. Vol. x, No. gr.
1779.—february 2.—Memorandum of sundries wanted for the
artificers. Voloix, No. 123:

1780.—March.—Memorandum of sundry stores wanted at Fishkill.
Vol. xi, No. g2.
Muster-Roll.
WAGENER, PHILIP (Capt.) :
1777.—September 77.—Capt. Philip Wagener’s muster-roll.
Vol. vii, No. 13.
Oath of Allegiance.
SHALLUS, JACOB:
1777.— September 15. Lancaster.—Oath of allegiance to the thir-
teen United States of America by Jacob Shailus, Commissary
of Issues. Vol. vii, No. 6.

1900. ] CALENDAR OF THE GREENE CORRESPONDENCE, 3438

Petitions.

ARTIFICERS UNDER BOLTON (Lieut.), to GEN. GREENE:

1778.—December 4. West Potnt.—Settiug forth Lieut. Bolton’s
fine qualities, and petitioning that if the company must be
broken up, they may not be ordered into Capt. Sizer’s com-
pany, but into Capt. Pendleton’s. Vol. x, Notai:

LAWRENCE, WILLIAM, AND OTHER EXPRESS-RIDERS, to GEN.
GREENE:

1779.—December.—Petitioning for an increase of their pay.
Vol. xii; No. 4.
McCOLLISTER, ALEXANDER, AND OTHER EXPRESS-RIDERS, to
GEN. GREENE:

1779.—ebruary 22.—Asking that their wages may be raised to
eight dollars a day. Vol. iv; No. 37;

Mitt, WILLIAM (Capt.), ARTIFICERS OF, to Cot. BALDWIN:

I 779.—February 8 Camp.—Engaged in the service with the
understanding of being entitled to every perquisite due to the
common soldier; this promise not fulfilled; ask for redress
that they may be able to support their families, otherwise their
servitude will be worse than the ‘‘ Egyptian Bondage.”’

Vol. iv, No. 86.

Vo Date.—Asking for some redress against certain taxations.
Vol. iv, No. 84.

WVo Date.—Asking that their tools may be paid for, and also
their doctors’ bills. Vol. iv, No. 85.

PyNCHON, WILLIAM, AND OTHER REPRESENTATIVES OF THE
SELECTMEN OF SPRINGFIELD, to THE HON. COUNCIL OF THE
STATE OF MASSACHUSETTS Bay :

1778.—August 91.—Want of economy in the expenditure of public
money destroys the people’s confidence. The case of the Con-
tinental Ferry across the Connecticut river; the tremendous
cost of it; asks that a public inquiry may be made into the
matter. Vol. xi, No. go.

Van Court, ELIAs, to GEN. GREENE:

1779.— October 27.—Petition from Elias Van Court, a tailor, ask-
ing that he may be released from the guard-house, where he
has been confined eleven days for some offense.

Vol. viii, No. 98.

344 CALENDAR OF THE GREENE CORRESPONDENCE, [April 6,

Receipts.

Hooper, R. L. (Col.):

1779.—April 26.—At the request of Col. Hooper to value and dp-
praise a horse, the property of Col. Timothy Bigelow, at the
sum of £100. Receipt signed by Col. Hooper for the said
horse. Certified to by Robert Traill. Vol. vii, No. 86.

MarsH, GEORGE :
1779.—Febr. Ree: —-Receipted bill signed by George Marsh.
Vol. iv, No. 40.
-OppycKE, JOSHUA :

1779.—Frebruary 2.—Receipt for articles delivered by Mr. Mitchell
Signed by Joshua Opdycke. Vol. x, No. 88.

REPORTS.

Court of Inquiry.

1779.—May 19. Middlebrook.—Having considered the charges
against Adam Jameson, brigade commissary, are unanimously
of the opinion that he is not censurable by any means, in de-
taining a horse claimed by George Hook. [Signed by Lyman
Hitchcock. | Vol. v, No. 50.
MASSACHUSETTS, COUNCIL OF:

1779.—/anuary 6.—Finds Col. Mason, Major Eyre and Col. Smith
guilty of appropriating stores and wood belonging to the
United States for their own private purposes ; also of establish-

ing a Continental ferry without order. [Signed by Timothy
Danielson. | Voli; xi; No. 85.

Plan of March.

Route for Col. Clark’s Brigade, from New Windsor to
Charlestown, S. C. Vol.iv, Nos..22, 22a, 28, 24, 25.

1900.] MINUTES. 345
Stated Meeting, April 20, 1900.
Vice-President WiIsTARr in the Chair.

Present, 7 members.

A letter was read from the President, announcing the ap-
pointment of Mr. Hampton L. Carson to prepare an obituary
notice of the late William M. Tilghman, and of Prof.
Samuel P. Sadtler to prepare one of the late Charles Bul-
lock ; also letters from Messrs. Carson and Sadtler accepting
the appointments.

The death, on April 10, of Frank Hamilton Cushing, of
Washington, D. C., aged forty-three years, was announced.

Dr. Coleman Sellers made a communication on his late trip
to Europe, and his investigations on the manufacture of car-
bide of calcium and caustic soda, and the operations of elec-
tric plants from the improved water-power of the river
Rhone.

The Society was then adjourned by the presiding officer.

Stated Meeting, May 4, 1900.
Vice-President SELLERS in the Chair.
Present, 17 members.

A letter was read from Prof. W. C. Broégger accepting
membership.

Acknowledgments of the receipt of the Society’s resolu-
tions of April 6, relative to the establishment of a National
Standards Bureau, from Prof. Pritchett, Superintendent of
the U. S. Coast Survey; the Speaker of the House of
Representatives, the Chairman and Messrs. O’Grady and
Levy, members of the Committee on Coinage, Weights
and Measures; Senator Penrose, and Representatives J. R.
Young, H. H. Bingham and R. Adams, Jr.

346 GROTE—GORTYNA AND ALLIED GENERA. [May 4,

A list of the donations to the Library was presented and
thanks were ordered therefor.

The decease was announced of the Duke of Argyll at
London, on April 24, aged 77 years.

Mr. A. Radcliffe Grote presented a paper entitled ‘‘ His-
torical Sketches of Gortyna and Allied Genera.”’

Dr. Sellers called attention to the Hawkins polygraph,
formerly the property of and much used by Thomas Jefter-
son, an ex-President of this Society, and exhibited several
letters from Jefferson to the late Charles Willson Peale,
devoted to the subject of the polygraph, which he had
obtained from Peale.

The Society was adjourned by the presiding officer.

HISTORICAL SKETCH OF GORTYNA AND ALLIED
GENERA.

BY A. RADCLIFFE GROTE, A.M.

(Read May 4, 1900.)

The exact determinations of certain North American species of
Gortyna by Mr. Henry Bird, of Rye, N. Y., which largely rendered
the recent revision possible, as well as the discovery of the larval
stage of several species by this excellent lepidopterist, make it
again a matter of importance to present a sketch of the use of gene-
ric titles for the species in literature. While as to the type and
use of Gortyna I do but sustain my former position, I again cor-
rect here my earlier statement that this generic title was originally
published by Hubner. I cannot find it in the Tentamen and I
have clearly made a mistake in so crediting it in 1876. Iam here
indebted to the assistance of Dr. Haeberlin, Librarian of the Uni-
versity of GGttingen.

_GoRTYNA.
1816. Ochsenheimer, Schm. Eur., 4, 82: Micacea, flavago.
1816. Hubner, Verz., 232: Micacea.

Micacea thus becomes the type, as always stated by me, but only
and sufficiently through this restriction. The genus should, there-

1900.] GROTE—GORTYNA AND ALLIED GENERA. 347

fore, be credited to Ochsenheimer, and my former reference to the
Tentamen: Buffalo Check List, 37, must be canceled. The error
will have happened in copying out my notes, and from its being on ©
my mind that Hiibner fixed the type, but its correction practically
strengthens my position, as to the use of Goertyna for this type, for
those nomenclators who still reject the Tentamen ; although it is
difficult to conceive how this course can be reconciled with the
statements printed by Mr. Scudder, Lord Walsingham, and by my-
self as early as 1875-6, at the same time showing respect for the
action of the law of priority. Hutibner’s use of Gortyna indicates
that this portion of the Verzeichniss was published after Ochsen-
heimer’s volume appeared. Through Hiibner the genus Gortyna
receives for the first time a diagnosis, though but a brief and unim-
portant one. Ochsenheimer gives no generic characters whatever.
It seems to me the present statement must define the right of
Gortyna to its type, and this beyond peradventure.

1829. Boisduval, Zur. Lep. Index Methodicus, p. 84.

Here the name Gortyna is credited to Treitschke and referred as
a synonym to ‘‘ Xanthia mihi !’’

1840. Boisduval, Genera et Index Methodicus, 144: cuprea, mica-
cea, flavago, lunata, luteago.

The name Gortyna is properly credited now to Ochsenheimer
and ‘* Xanthia, Boisd. ofim’’ referred as a synonym.

1837. Guenée, 4mm. Soc. Ent. fr., 6, 329: celsia, flavago, lute-
ago, micacea, leucostigma.
1852. Guenée, Sp. Gen. des Lep., 5, 120: lunata, xanthenes,
meesiaca, flavago, rutila, marginidens, limpida, nebris, nitela.
Flavago is given as type (p. 122), but this is impossible, since
the type of Gortyna became micacea, through Hiibner’s action in
1816.

1857. Lederer, Woctuinen Europa’s, 120: flavago.
But the name Gortyna cannot, as above stated, be restricted to
this type.
1876. Grote, Check List of the Noctuide of America north of
Mexico, Buffalo, Reinecke & Zesch, 37.

I give here the type of Gortyna as micacea, but refer the name
incorrectly to the Tentamen, 1806. In my lists and other writings,

348 GROTE—GORTYNA AND ALLIED GENERA. [May 4,

except where I refer in 1874 and 1882 a group of species to
Apamea, I use Gortyna for the entire genus, so far as the American
forms are concerned. In the first catalogue of North American
Noctuide, in which I brought the material into accord with
Lederer’s system, as far as then (1874) possible, I followed
Guenée’s use of the terms Aydrecia and Gortyna in the Species
Général (see Bul. Buff. Soc. Nat. Sciences, April, 1874). This list
of mine in 1874 is the basis of all subsequent lists or catalogues of
the North American Noctuidz.

1882. Grote, Mew Check List, New York, 29.

Here the N. Am. species are divided under two generic titles:
Apamea' (= Gortyna Ochs. = Hydrecia Guen.) and Gortyna
Guen. This separation is not tenable, since the thoracic tuftings
upon which it is based are variable and the names are moreover
wrongly applied. In thus using 4famea I really followed Guenée,
Ann. Soc. Ent. Fr., 6, 335, whothere refers to it: mctitans L. and
other species not belonging here. My action amounted to a sub-
stitution.of Apamea for Aydrecia, which cannot be followed and
was subsequently abandoned by me.

1890. Grote, Revised Check List, Bremen, Riihle & Schleuker,
Ds 20:
The, North American species, with smooth clypeus, are all re-
ferred to Gortyna, but the genus is erroneously credited to Hiibner
(see above). j

1895. Grote, Ad. des natur. Vereins zu Bremen, xiv, Seite 43-
128.

In this list the North American species are referred to Gortyna,
and the genus is correctly given to Ochsenheimer, under Hiibner’s
restriction in the Verzeichniss. Thus I ‘finally ’’ use Gortyna and
not Hydrecia for the genus.

By the foregoing sketch the original use and restriction of
Gortyna in early European literature is exhibited, and I connect
this precedent with my use of the term for our American species.

1 The name “ Apamea stramentosa’’ in Canadian lists probably came from me,
since I originally determined the species for correspondents in Canada, and am
seemingly the only author who referred the species to “ 4famea.” I com-
menced to determine the Am. Gortyne in the sixties, for Prof. Riley, Mr.
Graef, etc.

1900. ] GROTE—GORTYNA AND ALLIED GENERA. 3849

Further citations from English and German authors could be given,
but since these all postdate the Verzeichniss, which fixed the type,
they are without effect upon the result.

My constant use of Gortyna is amply vindicated, and it is an
unwarrantable innovation, one not authorized by Guenée himself,
to use Aydrecia for the American species. It matters not that
Lederer, with the indifference of his epoch to types and generic
nomenclature, mistakingly used this genus for the European forms.
It was natural that he should do so, because he only distinguished
between //avago with a clypeal thorn and all the rest, and he took
the only two terms he found in Guenée and applied them both
wrongly. Gortyna Ochs. is his Aydrecia, and his Gortyna must
be called Ochria Hiibn. Now, I prevented the American lists
from unnecessary changes by adopting Gortyza for the whole genus
except Ochria, and I complain that in the late revision an unneces-
sary change from my determination has been made. An unfortu-
nate grievance, relating to changes in nomenclature, has been
lately again voiced by Mr. H. H. Lyman. But, clearly, if the
types are ascertained and the oldest generic titles once for all deter-
mined, there will be no further changes, or these will limit them-
selves to subjective opinions as to the extent of the shifting con-
ceptions we call genera. There will at least always be a certain
type, around which the separated genera must cluster and to which
the species can revert. For nearly forty years have I been thus
investigating the literature and structure of the North American
noctuids and trying to fix the right titles and types according to
my slender resources and feeble abilities. At the present time a
rude and conscious effort is being made to break down my work
by misrepresentation or an ignoring of the facts brought forward,
as in this matter of Gortyna. ‘Take another case: my determina-
tion of Lzthophane. I here have shown that Hiibner’s Xy/ena
was proposed in 1806 for the type “thoxylea, with which our
ligincolor, auranticolor, cucullitformis, hutstt, etc., agree generic-
ally ; the larvze, so far as known, have a thoracic shield. But, in
1816, Ochsenheimer, adopting this genus with its type from Hiib-
ner, changed the spelling to Xy/za, and placed the summer-flying
species of Xy/ena together in one category with the autumn haunt-
ing species of Lithophane. These ill-consorted forms could not so
remain, and we find accordingly a separation attempted by subse-
quent authors. But, in this effort, the original signification of

300 GROTE—GORTYNA AND ALLIED GENERA. [May 4,

Xylena was lost, its type /thoxylea wandered off and was ticketed
as Xylophasia by Stephens. ‘This is again a name bearing reference
to the woodlike ornamentation and color, broken and pale ochrey
yellow or reddish, something like ingrained, fresh oak wood. The
name Xyéma was on the contrary inappropriately retained for the
stonelike species of Lzthophane. Now, I have restored the types
and righted this ; if I am followed it will clearly save future confu-
sion. It is easy to change now, but, difficult or not, the change
must be made hereafter when more painful, unless reason fly and
lepidopterology decay. If it is objected that I here validate the
Tentamen, I say a document endorsed by Mr. Scudder, Lord Wal-
singham, Mr. Kirby and Dr. Dyar will, #zs¢# command assent with
all the facts for it. It is a battle of literary knowledge, science
against prejudice. One would think my workas to Lithophane
could have been accepted, on the contrary it is sophisticated, the
incorrect application of Xy/za again reverted to, changed back,
under what excuse but to differ? Far more attention should be
paid not to duplicate specific names in the group, entailing by this
neglect the future certain confusion of collectors, and to give
always the original description, which alone has scientific value and
does not imperil the identification, and finally to avoid undue self-
assertion in one’s work, but egreg’um cum me vicinia dicat non
credam ?

OcuRIA,
1813. Hiibner, Verzerchniss, 233; aurago, 00, flavago.
In 1852 00 became the type of Dicyc/a Guen., aurago is referred
by Guenée to C7¢ria, and I was free to limit this title, which else

had no type, to the species favago, which has a clypeal thorn and
is sud generis.

1875. Grote, Check List, Buffalo, 11, 22: sauzalitze.

This American species has also a thorn on the clypeus, which
can be felt by passing a fine pin tenderly across the front, but it
does not resemble the European species. It looks very much like
Gortyna purpurifascia or harrist. It comes from San Francisco
and the type is in British Museum.

1882. Grote, ew Check List, New York, 29: sauzalite, buffalo-
ensis.

This second species, from the East, has also a thorn, and resem-

1900. | GROTE—GORTYNA AND ALLIED GENERA. ool

bles in appearance rather Gortyna limpida or cerussata. In my
subsequent lists I have kept up this reference. The value of this
genus depends on the clypeal protuberance which the species of
Gortyna lack. It is the same with Sphzda obligua, which differs in
a like manner from the species of Arzama. Ochria is thus rather
an artificial than a natural phyletic assemblage of species, which
seem to have arisen, here and there, out of forms having an un-
armed clypeus. Not impossibly are cazaphracta without and flavago
with a clypeal protuberance phyletically related, the European
species having acquired the projection since the tertiaries.

If Ochria be for reason dropped, a new term must be supplied.
Flavago (ochracea) became virtually the type through Guenée’s
entire action in 1852. Up to 1875 the term seems to have been
neglected.

HyDRECIA.

1841. Guenée, Am. Soc. Ent. Fr., T. 10, Noct. Eur. Index
Meth., p. 237: cupreea, leucostigma (fibrosa), micacea (cypri-
aca), ictitans (var. fucosa).

This is the earliest mention of Mydrecéa I can find in litera-
ture. No type is mentioned. I cannot positively trace cuprea ;
cuprea H. is probably the same and an Agvotis ; Leucostigma is
made the type of He/otropha Led., 1857, and might apparently
have been taken for Aydrecia; micacea was already the type of
Gortyna Ochs., in 1816; nctitans is apparently congeneric. The
anal claspers should not be used for generic or sectional characters,
their taxonomical value is cumulative, not independent. To dis-
tinguish the American specimens of zzcfitans from the European
generically on account of a supposed difference in the anal claspers
of the male is an absurdity, and yet this is what the course adopted
by the Revisionist really amounts to. If it is ‘‘structural,’’ the
difference might naturally be considered generic, 7. ¢., higher than
specific. But these are secondary sexual characters, not to be used
as independent and generic or sub-generic, and I should judge
them to be of even less value than the male antennz. At any rate,
solely upon them, no genus in the Noctuids can be recognized and,
if no genus, then no section of a genus. Of the foregoing species
there remained only /eucostigma as an unemployed type when
fHHydrecta was proposed. ‘There is no description given by Guenée
of the genus Hydrecia in the /ndex.

PROC. AMER. PHILOS. SOC. XxxIx. 162. W. PRINTED auGustT 7, 1900.

oe GROTE—GORTYNA AND ALLIED GENERA. [May 4,

Out of his own knowledge the author of the revision says:
‘« Hydrecia was first used by Guenée in 1857, in his essay on the
classification of the Noctuide,’’ etc. This statement should be
noted, because it illustrates the methods employed by Prof. John
B. Smith to support his generic determinations. Guenée estab-
lished Hydrecta not in his Essay itself, not in 1857, perhaps a mis-
print for 1837, but in 1841, in the Zadex Method., all published in
the Annales.

As to the statement that I ever ‘‘ finally ’’ followed example and
adopted Hydrecia, the references to my last lists under Gortyna,
show its want of truth. Parallel statements to these and indirect
contradictions make up the introduction to the revision of <Acro-
nycta likewise. These introductions do not contain objective
scientific facts, but are written solely to contradict or violently
color my actions in the several instances and are simply nosegays
of unconscionable and worthless statements, bound together by the
one ruling idea that my authority should be broken down, cowtfe
qui coute. In this case it is fair to presume the author never had
the essay in his hands, and intended to copy Guenée’s technically
incorrect reference in the Species Général. There is something
painfully morbid about Prof. Smith’s writings, a constant troubling
himself with what I did or did not do; their publication is less a
contribution to the knowledge of the American Noctuids than a
proof of his ability to misrepresent and twist the facts with regard to
my writings. And, when this Doctor of Science does not hesitate
to affirm: that a pupa of Hudryas grata, having been conveyed
accidentally across the Atlantic, disclosed in London a moth of
£. Stae. johannis, and this owing to the ‘‘ vicissitudes of the voy-
age,’’ a want of causality not beaten by Aldrovandus, and a@// this
merely because I had innocently recognized the distinctness of the
two species in 1868 and 1882, then I think the limits of idiosyn-
crasy are overstepped, and we have arrived at the borderland of
pathology. It never seems to occur to Prof. Smith that Iam not
interested that my statements should be adopted by him, but that
they should be correct.

1852. Guenée, Spec. Gen., 5, 125: Nictitans, lorea, cuprea, vin-
delicia, micacea, immanis, stramentosa.

Lorea has been referred by Herrich-Schaeffer to Wamestra; it has

hairy eyes. Guenée now indicates as type mcacea, but this choice is

1900.) GROTE—GORTYNA AND ALLIED GENERA. BoD

impossible for it has been since 1816 the type of Gortyna. The only
one of the original species which afforded an unemployed type is
referred back by Guenée to Afsamea, viz., fibrosa (leucostigma).
Guenée expressly says he only published-Aydrecia in the Jndex,
but cites: ‘‘ Gz. #ss., p. 237,’ for this genus; it is not, however,
in any of the textual parts of his essay and the paging is that
of the Annales. Hydrecia is in the Index, at the close of the last
paper, Zom. 10, 217, commencing with the page 235 and running
up to page 250 of the Annales de la Société Entomologique de
France. The title 2ssaz is so far misleading, since the series of
papers seems to commence in 1837, Zom. 6, p. 219, under an-
other title; but it is kept up after a fresh start on page 311, in
1837, continues through 1838 and 1839, skips 1840, to conclude
with the /zdex in 1841, as above cited. Prof. Smith writes of it
as one might of an independent work, and, perhaps, fancies it is
one and that it was published in 1837. But see how plain a tale
will put him down.

1857. Lederer, Woct. Hur., 119: Nictitans, then under B, with a
difference in genitalia, micacea, petasitis (vindelicia), xan-
thenes, illunata (lunata), borelii, mcesiaca, cervago.

Lederer here extends the genus to all the species, except flavago,
including type of Gortyna. And this is why I supposed that our
yellow species, z. ¢., rigida, purpurifascia, etc., were congeneric
with mzcacea, and should likewise be referred to Gortyna and why
I regarded the section Hydrecia to be the same as Afamea,
Lederer’s section A. For if mzcacea is correctly classified by
Lederer as strictly congeneric with Xanthenes, it would follow that
it is to Prof. Smith’s second section that Aydrecia belongs and
not to his first. But there is clearly but one genus to be consid-
ered which must be called Gortyna, as I have insisted in all my
later lists. In zzc¢éztans there is an evident tuft on the first abdomi-
nal and weaker ones on the two following segments. Lederer’s
diagnosis should perhaps be here corrected. But the tufts are
more or less evident: on thorax, behind the collar and on dorsum
of abdomen ; there is no uniformity among the species in this re-
spect, and since no use of the anal claspers can be permitted, for
it would separate allied and bring together unrelated species,
there are no characters upon which we can depend for a sharp
division of the genus. If we descend to comparative details there

854 GROTE—GORTYNA AND ALLIED GENERA. [May 4,

would have to be very many more groups, at least six or seven,
made of our American species.

In final answer to Lederer’s being cited as an authority on gen-
eric nomenclature, I will state that on page 234 of his work
Lederer states unequivocally, in so many words, that he regards
the Verzeichniss as of no authority. Consequently, where this
work is regarded as of authority, as it now almost universally
is, Lederer’s nomenclature fails. For his use of Hiibner’s genera
and names is arbitrary and optative merely. There is no method
in his selection, and this is reached by no rules of zodlogical no-
menclature by which types are ascertained and generic titles as-
sured. Lederer stands entirely outside of the historical method
with regard to names of genera, as used, for instance, by Mr. Scud-
der, Lord Walsingham, Dr. Dyar, and modern authors perhaps
generally. It is a distinct part of Prof. Smith’s insincerities to
conceal this fact.

1874. Grote, Bul. Buf. Soc. WN. S., 1874, April-May, 18:
nictitans, sera, inquesita, + salicarum (unidentified).

Type correctly given as wzctitans and genus correctly dated
1841. (Why is this citation ignored by Prof. Smith?) Through
Guenée’s action in 1882, zzctitans became virtually the type of
Hydrecia. In 1890 and 1895 I refer Hydrecta as the same as
Gortyna, and it can only be independently used if mzcftans be
made a generic type, for which there seem to be but insufficient
characters. Since no description or type is given by Gueneée
originally, and since the selected material is incongruous to a
degree, the term /7ydrecia has the slightest possible claim to
consideration. A most perfect example of Guenée’s neglect of
natural characters is afforded by his statement in 1852, that /orea,
with hairy eyes, confirms him in the opinion that cuprea, with
naked eyes but armed tibiz, belongs to Hydrecza and to the same

group !

1900. ] GROTE—GORTYNA AND ALLIED GENERA. 305

To give a resumé of our North American species as left by me:

Gortyna Ochs, 1816.
Type: G. micacea.
= Hydrecia Guen. 1841.
Type: G. nictitans.

sera* G, and R., harrisi Grote,

obliqua* Harvey, rigida Grote,

immanis Guenée, cerina Grote,

stramentosa Guenée, speciosissima G, and R.,

u-album* Guenée, rutila Guenée,
purpuripennis Grote, cerussata Grote,

juvenilis Grote, limpida Guenée,

erepta Grote, marginidens Guenée,

nictitans* Linné, appassionata Harvey,
lusca Harris, impecuniosa Grote,
americana Spezer, cataphracta Grote,

var. erythrostigma Haworth, nitela Guenée,

(a Calif. form comparable with var. nebris Guenée,

var. lucens Fr.), necopina Grote,
inqueesita G. and R., serrata* Grote.

purpurifascia G. and R.,

Ochria Hiibn., 1816.
Type: O. flavago (ochracea).

sauzalite Grote, buffaloensis Grote.

Flelotropha Led., 1857.
Type: H. leucostigma.

reniformis Grote,
var, atra, Grote.

This last may not be distinct from the European species, but the
material compared shows certain points of distinction. Both these
latter generic names are subsequent to the establishment of
Gortyna with micacea as type, which is simply the oldest generic
title in the group and, from every point of view, is entitled to
priority and acceptance.

Previous to his visit to the British Museum the author of the
recent Revision depended for his knowledge of most of the de-
scribed species of Gortyna upon determinations originally made

356 GROTE—GORTYNA AND ALLIED GENERA. [May 4,

by me in various collections between 1862 and 1883. The Lon-
don collection found him unprepared, as may be seen by the effect
upon him of the striking type of afpasstonata, a species, neverthe-
less, difficult to determine, and the description of which in the
Revision accords but illy with Dr. Harvey’s original. And from
the slur thrown upon zecofina, in reality one of the most remarkable
and easily identified of the series. Nor were his studies there at all
carefuliy and scientifically conducted, for which there is abundant
proof, but with a bias and intent to break down at all hazards my de-
terminations. Here he has neglected to take notes of the type of
erepta, which he saw in the British Museum (Wash. Cat., 175), but
now states, with singular accuracy, is ‘‘unknown’’ to him (Rev.,
48). Returned to America, the author of the Revision became really
indebted for his knowledge of species like purpurifascia, harrist,
impecuntosa, necopina, to Mr. Henry Bird and Dr. Roland Thax-
ter. ‘That thus, without sufficient antecedent studies of his own,
he should have ventured to appear as an authority upon a group to
which he has certainly contributed doubtful determinations and in-
ferior and useless redescriptions (as to marginidens he does not
give the character of the dentate fringe, properly given by Guenée),
together with at least one or two bad drawings of the genitalia,
throws a strongly unfavorable light upon his public performances.
He gives no credit for specific determinations where these are due
to others, as is here plainly the case. The value of his judgment is
tested by his statement, that the most distinct of all our species,
spectosissima, only escaped the sad fate of being put down as one
sex of our zzguesita, by the accident that both sexes of the latter
were before him in the amassed collections, which touchingly testify
alike to the weakness and the amiability of their rightful owners.
The beauty of several of the species leads me to say a final
word on the esthetic value of insects like Gortyna. This division
of the subject should be more seriously studied. Color and form
are constituent parts of the object, and after the intellectual diffi-
culties attending structure and nomenclature are surmounted, these
remain as sufficient reason for our attention. When Science is fin-
ished, Art takes the matter up. Unless it be the wing of some
butterfly, or petal of some flower, there is probably no similarly
sized surface in the world more exquisite than the primary wing of
Gortyna impecuntosa, when the moth is fresh or bred. It has all
the depth which comes from a blending of rich dead colors. The

1900.] MINUTES. 357

pattern itself is conventional. It has no conscious model, but is
woven by the artistic imagination, as the tufted Persian carpet
upon which one flies from Bagdad to Bassorah. The minds of
educated persons, poets and painters, should be directed to pretty
moths, such as our cloth of gold Gortyne.

Stated Meeting, May 18, 1900.
Vice-President Wistar in the Chair.

Present, 22 members.

A letter was read from the K. K. Geologische Reichsanstalt
of Vienna, announcing the fiftieth anniversary of its found-
ing and inviting this Society to be represented on the date set,
June 9, of this year.

A letter was also read from the Royal Saxon Antiquarian
Society of Dresden, announcing the seventy-fifth anniversary
of its founding and inviting this Society to be represented
on the date set, September 26 next.

It was ordered that the receipt of these communications be
acknowledged by the Secretary with thanks.

The following were elected members of the Society :

Dr. Cyrus Adler, of Washington.

Dr. H. F. Keller, of Philadelphia.

Hon. Edward Patterson, of New York.

Hon. George Gray, of Wilmington.

Wharton Sinkler, M.D., of Philadelphia.

Mr. Sachse presented to the Society a facsimile of the
first German newspaper published in North America, printed
by Benjamin Franklin in 1732., The thanks of the Society
were tendered Mr. Sachse for the gift.

808 MINUTES. [June 19, 1900.
Special Meeting, June 19, 1900.

President FRALEY in the Chair.
Present, 11 members.

The report of the judges appointed to make the award of
the Henry M. Phillips prize was presented, from which it
appeared that the Committee had awarded the prize to essay
No. 11, by ‘‘ Hesperius,’’ with honorable mention of essay
No. 9, ioe ¢ Mark:”’

The award of the Committee was duly ratified, and the
prize of two thousand. dollars directed to be paid to the
author of essay No. 11.

The envelope No. 11 having been opened, it appeared that
the essay endorsed ‘‘ Hesperius’’ was written by Hon.
W. G. Hastings, of Wilber, Neb.; the envelope No. 9, en-
dorsed ‘‘ Mark,” was written. by Max I. Kohler, M.A.,
LL.B., of New York city.

.

PROCEEDINGS

OF THE

AMERICAN PHILOSOPHICAL SOCIETY
HELD AT PHILADELPHIA FOR PROMOTING USEFUL KNOWLEDGE.

Vou. XXXIX. SEPTEMBER, 1900. No. 163.

THE DEVELOPMENT OF LAW AS ILLUSTRATED BY
THE DECISIONS RELATING TO THE POLICE
POWER OF THE STATE,

BY W. G. HASTINGS, ESQ.,
OF WILBER, NEBRASKA.

The Crowned Essay for which the Prize of two thousand dollars was awarded, on
June 19, 1900, from the Henry M. Phillips Prize Essay Fund, by the Committee
of Judges appointed by the American Philosophical Society held at Philadel-
phia for Promoting Useful Knowledge.

(Read June 19, 1900. )

Es ist an einem andern Orte dargelegt dass das Recht seinem
Inhalt nicht aus der Entwicklung des Rechtsbegriffes, sondern aus
dem Leben empfangt fiir welches es gilt. Dieses Leben ist daher
die rechtsbildende Kraft.—Steiz, ‘‘Handbuch,” S. gr.

Platon remercioit le ciel de ce qu'il étoit né du temps de
Socrate; et moi je luirends graces de ce qu’il m’a fait naitre dans le
gouvernment, ou je vis, et de ce qu'il a voulu que j'obéisse, a ceux
qu'il m’a fait aimer.— Montesquieu, “L' Esprit des Lots,” Preface.

CHAPTER I.

INTRODUCTION OF THE TERM THROUGH EARLY FEDERAL
DECISIONS.

The Police Power is a well recognized if not yet fully defined
department of constitutional law. It is also the newest one of
anything near equal importance. The 1808 edition of Bouvier’s
Law Dictionary says that the law on this subject is all of recent
growth, and most of it is in the last half of the nineteenth century.
It could not consistently say otherwise. The work as originally
published in 1839 did not define the phrase ‘‘ Police Power’’ nor
even contain it. The thirteenth edition in 1867 did not have it.
It was only in 1883 that this standard dictionary of law first ex-

1 Copyrighted, 1900, by W. G. Hastings.
PROC. AMER, PHILOS. 80C, XXXIx. 163. X. PRINTED SEPT. 22, 1900.

3860 HASTINGS—POLICE POWER OF THE STATE. [June 19,

plained the phrase. The voluminous United States Digest did not
include the phrase, either in its original edition or in its revision
in 1873, among its separate headings, nor among its subdivis-
ions of constitutional law. It was not until 1879 that it began to
appear among the subdivisions of constitutional law in the annual
supplements of that work.

It is, as appears clearly enough from our decisions, a branch of
constitutional law peculiar to countries having legislatures with
limited power. It is an outgrowth of the American conception of
protecting the individual from the state. It originated in connec-
tion with the discussion of the limitation on the legislative powers
of the states under our federal system. The name itself seems to
have been introduced by Chief Justice Marshall in the case of
<‘ Brown vs. Maryland’’ in 1827. A somewhat careful search for
the phrase fails to find it in legal or political writings of this
country prior to that time. The combination of its terms seems
to be still unknown on the other side of the Atlantic, notwith-
standing that both words come to us from the French, and its
suggestion is distinctly traceable to Montesquieu.

It was entirely natural that it should appear in a decision of our
Federal Supreme Court and from Chief Justice Marshall.

Sir Henry Maine says, that popular government in modern times
was first redeemed from general distrust and suspicion by the over-
whelming success in the United States of a body of Englishmen,
who from circumstances

“had never had much to do with an hereditary king and an aristoc-
racy and who had determined thenceforth to dispense with them
altogether.’

With all deference to a great name, the absence of kings and
nobles was not the governing feature of the situation when the
fathers of the republic took in hand the task of framing that gov-
ernment which was to take away forever, let us hope, the ill fame
of popular institutions. The condition which was the most
important factor seems to have been this: that body of Englishmen
of American birth to whom the great task fell were already organ-
ized into thirteen states to which they were enthusiastically
attached. These states from their origin had been in most respects

1 Pop. Govt., p. 11.

1900.] HASTINGS—POLICE POWER OF THE STATE. 3861

governed by elective legislatures with limited powers under the
sovereign supervision of Great Britain.

In settling this country, whether from circumstances or from a
race instinct which had been before exemplified in the Saxon
Heptarchy, they divided into several separate communities. Here
they had no Danes to the east, no Scotch or Irish to the north and
west, no French upon the south to hammer them into a single state
by repeated blows. Barely enough of threats and pressure from the
outside they had to maintain the feeling of common origin and
common destiny. Even this was maintained more by the common
bond that united them all to the mother-country. That mother
was sometimes severe, often selfish and still more often negligent.
They could, however, look with confidence to her to protect them
from other European interference. Such enemies as they had on
this side of the ocean they soon proved able to cope with in their
own strength.

Their distance, the peculiarities of their situation and their own
self-reliance was a guarantee sufficient that men who had been
taught to work such organizations would form local legislative bod-
ies, and they did. Their own weakness and the temper of the
British government was an assurance that its sovereignty over them
would not be forgotten. The legislative powers of the colonial
assemblies in the nature of things must expand with every step in
the growth of the colonies, and however clearly the limitation on
those powers, imposed by the sovereignty of the British Crown and
Parliament, might be marked in theory, a wider and wider function
must necessarily fall to these colonial legislatures.

The British doctrine of the supreme authority of Parliament
soon collided with these growing legislative powers, and when the
two became incompatible it was thrown off. The confederation
of the colonies was brought about by the revolutionary struggle
and lasted through it, although in the meantime its weakness
became thoroughly apparent. It proved entirely ineffectual to hold
together the thirteen colonies after peace. So it came that when
the problem of putting an efficient substitute in the place of the
confederation was met, the most important element in that problem
was tne existence of the thirteen state governments that were
occupying the ground. The confederation was dead and, as the
Hibernicism has it, was conscious of it. It offered no resistance.
__ The thirteen colonies, fortunately, had, for the most part, con-

362 HASTINGS—POLICE POWER OF THE STATE. [June 19,

stitutions made to fit the articles of confederation. Those still
living under their colonial charters, of course, had organizations
designed to work in subordination to Great Britain. All were thus
intended from the beginning to operate under some sort of external
authority. Such adaptation had not been difficult for a people
who, with large freedom for self-government, had from the begin-
ning down to the commencement of revolutionary troubles been
sincerely loyal to the British Crown and gloried in its supremacy.
Many of the state constitutions of the colonies had been adopted
during the struggle for independence, and under such circum-
stances these constitutions naturally were not of a separatist char-
acter. ;

There seemed to these ‘‘ Englishmen’’ of America at that time
nothing absurd or impossible in the idea of a divided political
sovereignty. That sovereignty, or what they, following Vattel and
Blackstone,’ regarded as such, the power to make and enforce laws,
was indivisible, they utterly denied. Hamilton in Zhe Federalist’
answered the objection that sovereignty was indivisible, simply by
saying that it is absurd to argue the impossibility of what both is
and has been. So when they found the confederation could not
care for their common interests, and that the formation of separate
confederacies was imminent, moved not by fear of enemy from
without, but by that spectre of ‘‘states discordant, dissevered,
belligerent,’’ which so haunted Webster to the end of his life, and
so prophetically as events proved, they proceeded to build after the
model of their several state governments a national government
extending over the whole but resting down directly upon the peo-
ple to which should be committed just those common interests of
the states and nothing else. So much of the old fabric of the con-
federation as they could use was employed. The rest they threw
away.

The very completeness with which the state government had
already occupied the ground became, and still constitutes, the prime
condition of the success of the national organization. This fact
rendered possible the complete specialization of the national gov-
ernment for national purposes, which at once makes it strong for
such purposes and prevents conflict with local authority. This
specialization of action on the part of the general government was

1 Blackstone Com. i, 49; Le Droit des Gens, sec. 38.
2 Federalist, No. 39, Lodge edition, p. 195.

1900, ] HASTINGS—POLICE POWER OF THE STATE. 368

not made by means of definitions, but by assigning it functions,
and functions already waiting to be taken up, which the states, in
adopting the constitution, recognized their own inability to per-
form. Hence the marvel of that successful working of this
complex machine, which Bagehot said he would have had no
hesitation in saying beforehand was impossible.’

The remnant of power left in the states, after making room for
this federal ‘‘ supreme law of the land,”’ is called by the authors of
The Federalist the ‘‘residuary sovereignty,’’? but that name
seems not to have obtained generally, perhaps because it served no
one’s political needs. It is hard to find it outside of 7he Feder-
alist. It suited those who wished to magnify the states and who
feared the growth of power on the part of the national government
to omit the qualifying adjective. It suited those to whom en-
croachments and separatist tendencies on the part of the states
were a terror not to couple the words ‘‘ States’’ and ‘‘ Sover-
eignty’’ together, even with the qualification. So this truncated
sovereignty remained without a name, and the powers exercised by
the states were specially designated by various terms as ‘‘ power of
taxation,’’ ‘‘eminent domain,’’ ‘‘ public justice,’’ and ‘‘ police
regulations.”’

The introduction of the term ‘‘ Police Power’’ seems to have
been by Chief Justice Marshall, and it came to him by degrees. In
the Dartmouth College case itself, he seems to have clearly pre-
figured in his mind the principle that was later to be used so
successfully in limiting the extension of the doctrine of corporate
inviolability contained in that decision.’ He does not, it is true, in
terms mention the Police Power. Neither did the great lawyers
who argued that case. He says, however,’ .

“that the framers of the constitution did not intend to restrain the
states in the regulation of their civil institutions adopted for internal gov-
ernment, and that the instrument they have given us is not to be so con-
strued may be admitted.”’

The Dartmouth College case,
“that remarkable result of the disagreement of two clergymen, both of

1 British Constitution, Chap. 8.

2 Federalist, No. 39, p. 238, Lodge’s edition. J@, No. 43, p. 275. . /a., No.
62, p. 386.

3 4 Wheat., 629.

364 HASTINGS—POLICE POWER OF THE STATE. [June 19,

whom were employed in the same institution of learning, as to the rela-
tive merits of the Congregational and Presbyterian church creeds and
church governments, which has produced such effects on business and
legislation in this country,”’

was decided in 1819. In 1824, in deciding the case of Gibbons
vs. Ogden, the chief justice comes still nearer the conception and
the word :

“If Congress licenses vessels to sail from one port to another in the
same state, the act is supposed to be necessarily incidental to the power
expressly granted to Congress, and implies no claim of a direct power to
regulate the purely internal commerce in the state or to act directly on
its system of police.’’?

Again, a little farther on in that opinion that has done so much
toward the unifying of our country he said:

“The acknowledged power of the state to regulate its police, its domes-
tic trade and to govern its own citizens may enable it to legislate on this
subject to a considerable extent.’”

Again, a little farther on, after commenting on the argument that
the word ‘‘ regulate ’’ gave Congress an exclusive power and declin-
ing to decide that, he adds:

“Since, however, in exercising the power of regulating their own purely
internal affairs whether of trading or police, the states can sometimes
enact laws the validity of which depends upon their interfering with and
being contrary to an act:of Congress passed in pursuance of the consti-
tution, the court will enter upon the inquiry whether the laws of New
York, as expounded by the highest tribunal of that state, have in their
application in this case come into collision with an act of Congress and
deprived a citizen of a right to which that act entitles him.’”

He has not yet quite reached the term, but the conception is
almost, if not quite, complete. In this case, as in the Dartmouth
College case, the thought is suggested by the arguments of counsel
and clarified in statement by the chief justice.

Three years later, in 1827, in Brown vs. Maryland,* he had
under consideration a requirement by that state, that every im-
porter of foreign goods should, before selling them, obtain a
license and pay for it fifty dollars. He was pressed by Taney’s
ingenious argument, that to hold this a violation of the constitu-

19 Wheat., 204. 3.9 Wheat., 210.
29 Wheat., 208. 412 Wheat., 419.

1900. ] HASTINGS—POLICE POWER OF THE STATE. 365

tional prohibition against the state’s taxing imports, and also of
the clause giving Congress the regulation of foreign commerce,
would cripple the state at once in both its power of taxation and its
power to protect itself against dangerous importations, such as
gunpowder ; and the states would be powerless to prescribe proper
regulations for the handling of such articles in the protection of
their citizens. Taney’s claim was, that the force of the constitu-
tional provision must cease when the goods were landed and placed
in store, or the state lose all control of traffic that might be in the
last degree dangerous and state and citizens alike be deprived of
the right of self-preservation.

The chief justice denied the consequence, but not the right of
the state, in holding the act of the state repugnant both to the
constitutional provision against a state tax on imports and to
various acts of Congress establishing duties on imports. He
referred to the-example brought by his future successor in these
terms :

“The power to direct removal of gunpowder is a branch of the police
power which unquestionably remains and ought to remain with the
states.”

This seems to be the advent of the phrase into legal discussions in
this country. An examination of various writings where it would
naturally occur, if already in use, does not find it. It is noticeably
absent from the opinion of Attorney-General Wirt? as to the
constitutionality of the South Carolina laws excluding free colored
seamen from her port. This opinion was given in 1824, three
years before the decision of Brown vs. Maryland, and the phrases
of Gibbon vs. Ogden concerning the powers of the state are the
ones reproduced in it.

The case of Brown vs. Maryland did not suffice to put the phrase
‘* Police Power’’ into immediate currency. The opinion of
Attorney-General Berrien given in 1831,? in contradiction to that
of Mr. Wirt, also contains no use of these terms. The phrase
would inevitably occur ig any similar discussion within the last
fifty years, but both of these eminent lawyers use the terms ‘ right
to maintain its own police regulations,’’ ‘‘ established regulations
of police’’ and similar phrases such as Blackstone and Kent both

1 Ho, Rep., No. 80, 3 Sess. 27th Cong.
2 Ho. Rep., No, 80, supra,

866 HASTINGS—POLICE POWER OF THE STATE. [June 19,

furnish, and such as abound in Zhe Federalist. Indeed, John C.
Calhoun in his famous resolution of 1837’ does not yet use the
combined phrase. He claims for the states ‘‘ the exclusive and
sole right over their own and domestic institutions and police.”’
But it was in these times of exciting discussion as to the nature of
the Union that the phrase did become current. After remaining
buried for ten years in the official report of the case of Brown vs.
Maryland, and when its author had gone tv his last sleep, it was
brought forth in 1837 once more, and was not soon to go to rest
again.

The case of the Mayor of the City of New York vs. Miln? had
been argued before the court in Marshall’s lifetime, in 1834. The
chief justice had announced that, excepting in cases of absolute
necessity, decisions on constitutional questions would not be ren-
dered unless four judges, then a majority of the court, should con-
cur. In this case there had not been such a concurrence, and it
was ordered to be reargued. In 1836, Taney had succeeded Mar-
shall. Before that Wayne had taken Johnson’s place, and shortly
after Barbour was to take Duvall’s. Johnson had died in 1834. -
Taney had been nominated to Johnson’s place, and the influence of
Clay and Webster combined had prevented the confirmation,
although Marshall had done all that he thought consistent with the
position of chief justice of the court to procure the confirmation.
After Marshall’s death in 1835 Taney was appointed chief justice
and his appointment this time confirmed, and with the court thus
completed the case of the Mayor of New York vs. Miln was again
argued and the opinion rendered in 1837 by Judge Barbour.

The question was whether an act of the state of New York
requiring the master of every vessel arriving at that port to render
to the city authorities within twenty-four hours after such arrival a
statement of the name, place of birth, legal settlement, age and
occupation of every passenger coming from a foreign country or
other state, and fixing a penalty of twenty-five dollars upon master,
owners and consignee for each passenger not so reported, was a
valid law, or was void as being repugnant*to the power of Congress
to regulate foreign and interstate commerce and to acts passed in
pursuance of such power. The court found the act valid. Judge
Story dissented, and declared that the late chief justice had held

1 Calhoun’s works, Vol. iii, p. 140.
AN Clea LO2N (OBZ)

1800. J HASTINGS—POLICE POWER OF THE STATE. 367

the opinion that the act was unconstitutional and an infringement
on the power of Congress.

In the opinion, Judge Barbour quotes Marshall’s words in Brown
vs. Maryland, as follows:

1“ The court admits the power of a state to direct the removal of gun-
powder as a branch of the police power which unquestionably remains
and ought to remain with the state.”’

Judge Thompson in his concurring opinion says:

2«Can anything fall more directly within the police power and internal
regulation of the state than that which concerns the care and manage-
ment of paupers or convicts or any other class or description of persons
that may be thrown into the country and likely to endanger its safety or
become chargeable for maintenance ?”’

Just above this he, too, quotes from Brown vs. Maryland the
remark that control of the removal of gunpowder is a branch of
the police power of the state.

That the phrase was not yet the recognized and accredited repre-
sentative of the idea or ideas involved is shown clearly enough by
these two opinions. It occurs only in the connection given, and it
evidently occurs there only because of the dead chief justice hav-
ing used it in Brown vs. Maryland. Elsewhere throughout the
two opinions Justices Barbour and Thompson both use the phrases
of Blackstone and Zhe Federalist—‘‘ Power of state to regulate its
police,’’ ‘‘ Internal police of the state,’’ ‘‘ Power to regulate in-
ternal police,’’ ‘‘ Powers to enact such laws for her internal police
as it deems best,’’ ‘‘ Purely internal affairs whether of trading or
police,’’? and the law is styled ‘‘A mere regulation of internal
police.’”? The conclusion is announced that ‘‘The act is not a
regulation of commerce but of police.’? These are all phrases
drawn apparently through Blackstone, Zhe Federalist, and James
Wilson from Montesquieu.®

The test of the distinction between regulations of commerce and
those of police is sought in the end proposed by the legislature and the
means used. The end is found to be to prevent the commonwealth
of New York from being burdened by the influx of an undesirable
population from foreign countries or other states. The means for

UTD Pet. KAZ:
3 Td, , 148.
8 LZ’ Esprit des Lois, Book 20, chap. 14; Book 26, chap. 24; Book 26, chap. II.

368 HASTINGS—POLICE POWER OF THE STATE. [June 19,

that purpose provided in the act under consideration was an imme-
diate report from shipmasters of names, places of birth, etc., of all
passengers, that the city authorities might take the necessary steps
to prevent their becoming a public burden as paupers or criminals.
Marshall in Gibbon vs. Ogden is quoted as to the

1««immense mass of legislation not surrendered to the general govern-
ment, all of which can be most advantageously exercised by the states
themselves.”

The place in which the act takes effect is wholly within the state.
Marshall’s opinion in Gibbon vs. Ogden is once more quoted for
his luminous remark that

2 “if a state in passing laws on a subject acknowledged to be within its
control, and with a view to those subjects, shall adopt a measure of the
same character with one Congress may enact, it does not derive its
authority from the particular power which has been granted to Congress,
but from some other which remains with the state, which, however, may
be executed by the same means, All experience shows that the same
measures, or measures scarcely distinguished from each other, may flow
from distinct powers, but this does not prove them identical, although the
means used in their execution may sometimes approach each other so
nearly as to be confounded, yet there are certain situations in which
they are sufficiently distinct to establish their individuality.”

Judge Barbour finds the authority for the state of New York to
pass the statute under consideration in what would now at once be
called the ‘‘ Police Power,’’ although, as stated above, he only uses
the phrase in quoting from Chief Justice Marshall. He says he
places himself upon

3 ‘‘impregnable positions”’ ‘‘that a state has the same undeniable and
unlimited jurisdiction over all persons and things within its territorial
limits as any foreign nation where that jurisdiction is not surrendered or
restrained by the constitution of the United States; that by virtue of
this it is not only the right but the bounden and solemn duty of a state
to advance the safety, happiness and prosperity of its people and to pro-
vide for its general welfare by any and every act of legislation which it
may deem conducive to these ends where the power over particular sub-
ject or the manner in which it is exercised is not surrendered or re-
strained in the manner just stated; that all those powers which relate to
merely municipal legislation or what may, perhaps, more properly be
called internal police, are not thus surrendered or restrained, and that

19 Wheat., 203. 2 Td., 204. 11 Pet.,.139.

1900.] HASTINGS—POLICE POWER OF THE STATE. 369

consequently, in relation to these, the authority of the state is complete,
unqualified and exclusive.”

‘““We are aware,” he continues, ‘‘that it is at all times difficult to define
any subject with proper decision and accuracy. If this be so, in general,
it is emphatically so in relation to a subject so diversified and multi-
farious as the one which we are now considering. If we were to attempt
it, we should say that every law came within this description which con-
cerns the welfare of the whole people of the state or any individual
within it, whether it related to their rights or their duties; whether it re-
spected them as men or as citizens of the state; whether in their public
or private relation; whether it related to the rights of persons or of
property of the whole people of the state or of any individual within it,
and whose operation was within the territorial limits of the state, and
upon persons and things within its jurisdiction. But we will endeavor to
illustrate our meaning rather by exemplification than by definition.”

He proceeds then to illustrate this power by the extent to which
these same passengers and shipmasters and owners would be subject
to the jurisdiction of New York in civil and criminal actions to
enforce liabilities they might be under or punish. offenses they
might have committed, all in total disregard of the fact that they
were passengers from a foreign country, or their vessel engaged in
foreign or interstate commerce.

Evidently what the court was in this case deciding was simply
that the law in question was a proper exercise of what is called in
The Federalist ‘‘the residuary sovereignty of the state.’’ Not-
withstanding Judge Story’s dissent and his assertion that Marshall
was with him in thinking the law unconstitutional, it is possible
now to conclude that it was so even on Marshall’s own principles.
This appears from the *’comment on the case in the Worth Amert-
can Review which followed the publication of the official report of
itin the eleventh volume of Peters’ Reports. This case appeared in
that volume, together with the famous cases of Briscoe vs. Bank of
Kentucky and Charles River Bridge vs. Warren Bridge. The reviewer,
who thinks they make a great new departure on the part of the
Supreme Court and who mourns bitterly the way things have
changed since the great chief justice died, admits that there would
be little to complain of in the result of the decision if it were a
new question and the result not upheld by such radical reasoning.
The objection he urges is that it marks a change of tendency on
part of the court and a disposition to uphold the authority of the

1 Vol. 46, p. 126.

370 HASTINGS—POLICE POWER OF THE STATE. [June 19,

states as against that of the general government. In fact, his only
serious objection to Judge Barbour’s reasoning is that it results in
his finding an authority in the state ‘‘complete, unqualified and
exclusive.”’

The reviewer does not use or note the phrase ‘‘ police power.’’
This review, like the opinions filed in the case, shows how far the
phrase still was from occupying the field. The famous case of
‘Charles River Bridge vs. Warren Bridge furnishes a still stronger
proof that the phrase had not yet established its position. This
case, as above stated, appeared also in the eleventh volume of
Peters’ Reports. Chief Justice Taney’s opinion of the court, with
Justice McLean’s concurring opinion on the ground of want of
jurisdiction and the dissenting opinion of Judge Story altogether
cover one hundred and fourteen pages of the book. The court is
believed to have intended to set up the police power, as since un-
derstood, to serve as a limit upon the doctrine of the Dartmouth Col-
lege case. The holding is that a state charter to a bridge company
which does not in terms grant any exclusive rights cannot be con-
strued into a contract on the part of the state not to make or
authorize to be made another bridge over the same stream in the
immediate vicinity of the first, nor to prevent the turning of the
second bridge into a free public one to the ruin of all value in the
first franchise.

The powers of legislation left with the states, and the relation of
those powers to the prohibition in the federal constitution against
the impairing on the part of any state of the obligation of con-
tracts, is the subject of Chief Justice Taney’s profound investiga-
tion. Perhaps they have never been set forth in better or more
impressive terms. But the nearest he comes to using the phrase
“** police power’’ is in this statement :

““We cannot deal thus with the rights reserved to the states and by legal
intendments and mere technical reasoning take away from them any
portion of that power over their own internal police and improvement
which is so necessary to their well-being and prosperity.’””

With the question whether vested rights were disturbed the court
declines to concern itself under the constitution as it then existed.
The other opinions in the great Bridge case contained nothing
even suggesting the name by which this power is now known.

171 Pet., 420 (1837). 211 Pe. 552.

1900.] HASTINGS—POLICE POWER OF THE STATE. Sit

At the time of the rendition of these two judgments, City of
New York against Miln and the Charles River Bridge vs. Warren
Bridge, the question of the relations of the states to the federal
government had become a burning one. ‘The nullification contro-
versy had come and gone, or rather had been compromised. This
had scarcely dealt directly with the powers reserved to the states. .
It had rather concerned itself with the question of what the
national government might do in executing its own admitted func-
tions. As a result of it, however, the states were pushed forward
by Calhoun and his supporters. The discussion showed that open
defiance of the federal government would not be supported, at
least with Andrew Jackson at the head of that government and
with Webster in the Senate to explain its constitution ; but behind
nullification was the slavery controversy.

In 1831 Garrison had established his Zzderator, and had gotten
into jail because of it. He had become, in the eyes of many, a
martyr for liberty. The slave rising at South Hampton, with the
slaughter of some sixty white people, had taken place shortly after-
ward. Then Calhoun had precipitated his famous slavery debate
and begun to preach his cult of state sovereignty. The irritating
controversy over the South Carolina exclusion laws had been go-
ing on for some years. Marshall then died. By the act of March
3, 1837, just as these decisions were published, three new judges
had been added to the number constituting the Supreme Court,
with the design, as many thought, of overruling his federalist
judgments. Public attention was, therefore, at once called to this
case of the City of New York vs. Miln, and to the sustaining of
the power of the state to enact the restrictions against shipmasters
and ship-owners, brought by this case to the consideration of the
court, and to the terms of the decision. President Jackson, in his
annual message to Congress in 1835, had made his famous recom-
mendation that abolition literature be excluded by act of Congress
from the mails, and Calhoun and the Senate had reported that
Congress had no authority to do so.

The pungent phrase of Judge Marshall was adapted for a catch
word. The very indefiniteness of the conception under it com-
pelled a definite word in popular discussion. The vast and vague
notion of the powers of the state, rendered still more so by taking
from it the still more vague conception of the national government
and its powers, manifestly never would do to make a popular catch

372 HASTINGS—POLICE POWER OF THE STATE. _ [June19,

word in stump speeches, newspaper articles and street-corner dis-
cussions. If a subject is not simple, treat it nevertheless as if it
were and trim it into simple phrase, is the rule of the newspaper
and the hustings. ‘There was no candidate among all the phrases
that discussions had to that time developed that could compare
with Marshall’s ‘‘ police power ’’ as a brief formula for the expres-
sion of the federalist idea of the state’s functions in the federal
system. So into the current discussion it went.

The glibness with which politicians were now soon talking about
the Police Power, and citing the case of the City of New York zs.
Miln, is shown by House Report No. 80, third session of the
Twenty-seventh Congress. An examination of this report and
the documents accompanying it, and the comparison of these with
antecedent state papers and writings upon similar subjects, would
seem sufficiently to indicate the genesis of the term. ‘The resolu-
tions offered by Mr. Winthrop in connection with the report show
how completely the term had gotten into legal and popular use by
1843, and also its relation to the burning political questions then
already preparing the country for civil war.

They are, First, That the arrest and imprisonment of colored sea-
men from other states without charge except that of entering a
port of the United States on lawful business is a violation of article
4, section 2, of the constitution of the United States. Second,
The seizure of such seamen from foreign vessels entering our ports
is a breach of comity and of treaty rights, and a violation of article
6 of the constitution of the United States. Third, Laws forbid-
ding seamen of other states or countries from entering ports on
lawful business are a violation of the exclusive power of the gen-
eral government to regulate commerce. Fourth,

‘Police Powers of states can justify no enactment or regulations in
direct, positive and permanent conflict with express provisions or funda-
mental principles of the National Compact.”

These resolutions show the currency of the phrase. Mr. Rayner,
in his minority report, no less than Mr. Winthrop for the majority
of the committee, makes the same use of the terms, and the report
sufficiently shows that the source is the case of Mayor of New
York vs. Miln, just as that case in turn shows that it derives them
from Judge Marshall’s opinion in Brown vs. Maryland. These
resolutions were, on March 2, 1843, tabled in the House of Repre-

1900.] HASTINGS—POLICE POWER OF THE STATE. oho

sentatives by a vote of eighty-six to fifty-nine without discussion
on the part of their opponents. Even then few ventured to dis-
pute the constitutional principles declared in them. However
this declaration was treated, the ‘‘ Police Power’’ was thence-
forth to be retained within the jurisprudence as well as in
the politics of America and under that title. We have seen the
term ‘Police Power’’ originate in Brown vs. Maryland, and
brought into currency in the case of New York zs. Miln. Its
next appearance in the federal Supreme Court, no longer used ten-
tatively and as a briefer substitute for fuller expressions, is in
' Prige vs. Pennsylvania in 1842. In this case the Fugitive Slave
law and the right of a state to legislate on the subject of the rendi-
tion of fugitive slaves first came before the Supreme Court. It had no
difficulty in agreeing that the law of Pennsylvania under which the
plaintiff had been indicted and found guilty of removing a mulatto
woman by force from Pennsylvania into Maryland was repugnant
to the acts of Congress on that subject, and therefore void.

The judges, however, could not agree as to whether Congress
alone might legislate on this subject, or whether the states also
might take action to enforce the constitutional right to such rendi-
tion of fugitive slaves, so long as they did nothing contrary to the
acts of Congress. Those of the judges who were able to agree
among themselves on that subject were unable to agree as to why
they agreed about it, and so, after the fashion which began to pre-
vail in that court after the death of Chief Justice Marshall, all of
the judges except two gave separate opinions.

Judge Story gave the opinion to the court, and after holding in
terms almost as sweeping as those which were afterward to arouse
so much indignation in the Dred Scott case that the constitution
recognized property in slaves, after saying that the right to hold
slaves and claim their extradition is

‘‘an absolute and positive right and duty pervading the whole Union
with an equal and supreme force and uncontrolled and uncontrollable by
state sovereignty or state legislation,”

he holds that the maintenance of such right so established by
national authority is confided solely to Congress as the national
legislature. Then, as he says,

2 “to guard against any possible misconstruction”.... ‘‘we are by

116 .fet., 539 (1842). = 216 Pet., 625.

3t4 HASTINGS—POLICE POWER OF THE STATE. [June 19,

no means to be understood in any manner whatsoever to doubt or inter-
fere with the police power belonging to the states in virtue of their gen-
eral sovereignty. That police power extends over all the subjects with-
in the territorial limits of the state, and has never been conceded to the
United States”... . “It is entirely distinguishable,’ he says, “‘ from
the right and duty of claiming and delivering slaves which comes from
the constitution of the United States.”

He has no doubt of the jurisdiction of the state in exercise of
such police power to arrest, restrain or remove runaway slaves, like
other evil-doers.

“The rights of the owners like those of other property holders are held
subject to this police power.”’ ‘‘ But such regulations can never be per-
mitted to interfere with or obstruct the just rights of the owner to reclaim
his slaves derived from the constitution of the United States, or with the
remedies prescribed by Congress to aid and enforce the same.”

In the same case Chief Justice Taney’s concurring opinion, while
disagreeing as to the exclusiveness of the right in Congress to legis-
late on the matter of fugitive slaves, also discusses the relation of
that subject to the police power, or, as he calls it, ‘‘ police powers.”’
Evidently, it was hard for the great lawyer to take up the new
phrase, and harder still for his logical mind to ignore the incongru-
ous elements embraced within it. The logic with which he assails
Judge Story’s assertion of complete exclusiveness of right on the
part of Congress to deal with this fugitive slave question is inter-
esting in itself, and still more so in its relation to the later cases,
notably the ‘‘ original package case’’ of Leisy vs. Hardin,’ and its
assertion of a like exclusive power in Congress over interstate com-
merce.

It seems hard to avoid Judge Taney’s’ conclusion that legislation
of the states which contravenes neither the right as granted by the
Constitution, nor the remedies enacted by Congress for its viola-
tion, must be unobjectionable. We are not, however, at thismoment
so much concerned with this question of exclusiveness of Congres-
sional power. Its connection with the development of the police
power was then disclosed only in the beginning. The long debate
among the Supreme judges as to whether legislation of the states
on various commercial subjects should be sustained as an exercise

a 785 a Se, TOO:
2 See Webster’s speech of March 7, 1852, in Senate.

1900.] HASTINGS—POLICE POWER OF THE STATE. 315

of the police power, or as the employment of a subordinate author-
ity in the states to legislate upon interstate and foreign commerce in
fields where Congress had not yet entered, was here a little varied.
The question here was whether the police power of the states was a
distinct and exclusive or a related one and concurrent with that of
Congress over fugitive slaves.

After discussing unsatisfactory results that might ensue if the
states were not permitted to legislate in certain ways as to fugitive
slaves the Chief Justice says,

“Tt seems supposed that laws nearly similar to those I have mentioned
might be passed by the state by virtue of her powers over her internal
police, and by virtue of her right to remove from her territory disorderly

PEISONS: 45. o- . But it would be difficult, perhaps, to bring all the laws I
have mentioned within the legitimate scope of the internal powers of
BOGE. oc) se It has not heretofore been supposed necessary in order to

justify these laws to refer them to such questionable powers of internal
and local police.’ !

Judge Thompson concurred in thinking state legislation neces-
sary sometimes and proper when not contradictory of the acts of
Congress or the federal constitution, but he enters upon no dis-
cussion of the relations of the subject to police power. Judge
Wayne held the opposite view with a like silence except to deny all
right of legislation over this subject to the states except such ‘‘as
may be of a strictly police character.’’ Justice Daniel followed on
the other side with numerous citations from City of New York vs.
Miln and free use of the term police power, and calls attention to
the fact that dealing with the fugitive, merely as such, so long as
he neither disturbs or threatens the domestic tranquility, is a matter
of foreign relations and not of police:

‘Under such circumstances he would not be a proper subject for the ex-
ertion of police power. If not challenged under a different power of the
state, his escape would be inevitable.’’?

If arrested by the exercise of the police power he would, as far as
he was subjected to that power of the state, ‘‘ be taken out of that
of his master,’’ and thus the invocation of this police power, so far
from securing the rights of the master, would ‘‘ be made an engine
to insure the deprivation of his property.’’
Justice McLean in his turn takes up the controversy in such
1 76 Peters, 632-3. * Td, 658.

PROC. AMER. PHILOS. SOC. XXXIX. 163. Y. PRINTED SEPT. 22, 1900.

376 HASTINGS—POLICE POWER OF THE STATE. [June 19,

terms that in disposing of the relations of state and federal govern-
ments he loses sight of both slave and master, and does not in the
end distinctly indicate whether he thinks the latter was or was not
rightly convicted under the Pennsylvania law. His main argument
as to whether the article of the constitution in question was de-
signed merely to protect the rights of the slaveholders against
states opposed to them, and, therefore, that to suppose any effective
power toward the enforcement of that article to be left in the hands
of those against whom it was to operate, would be utterly absurd
and a fallacy from which the framers of the constitution must be
presumed exempt, is fortunately no longer a matter of much prac-
tical moment.
He continues, however :

1 “T come now to a most delicate and important inquiry in this case, and
that is, Whether the claimant of a fugitive from labor may seize and
remove him by force out of the state in which he may be found in de-
fiance of its law? I refer not to the laws which are in conflict with the
constitution or the act of 1793. Such acts I have already said are void.
But I have reference to those laws which regulate the police of the state,
maintain the peace of its citizens and preserve its territory and jurisdic-
tion from acts of violence.”

He adds later:

2 “Tf the master may lawfully seize and remove a fugitive out of,the
state where he may be found without an exhibition of his claim, he may
lawfully resist any force physical or legal which the state or any of its
citizens may interpose. . . . , The master exhibits no proof or right to
the services of the slave, but seizes and is about to remove him by
force. I speak only of the force exerted on the slave. The law of the
state presumes him to be free and prohibits his removal; now which
shall give way, the master or the state? It isa most important police
TESUlAtON. . |. leo. My opinion, therefore, does not rest so much upon
the particular law of Pennsylvania as upon the inherent and sovereign
power of a state to protect its jurisdiction and the peace of its citizens
in any and every mode which its discretion shall dictate and which shall
not conflict with a defined power of the federal government,”’

These men were apparently disputing about a name. They were
all agreeing that there were some things a state might do in refer-
ence to runaway slaves. It was quite clear that Congress was au-
thorized to take action in reference to the whole subject of fugitive

176 Fet., 666. 2 Id,, 669.

1900.] HASTINGS——POLICE POWER OF THE STATE. OLE

slaves and their rendition. Should this right of the state to act in
reference to the fugitive slaves within its border, in virtue of its”
general authority to deal with subjects of government within its
jurisdiction, be referred to a ‘‘ police power ’’ or should it be called
something else and said to be concurrent with the power of Con-
gress? Whenever they approached this ‘‘ police power ’’ they evi-
dently found it something quite undefined and undefinable, and as
evidently regarded it, when attempting to consider it by itself, as
being identical with Madison’s ‘‘ residuary sovereignty’’ or Mar-
shall’s ‘‘immense mass of legislation’’ left to the state and not
touched by the federal constitution. This had at length come to
be popularly designated as the police power, and the court had
adopted this name of its own suggesting.

It needs no reading between the lines to see that the real antag-
onism was something deeper. ‘The term police power was almost as
much a federalist and a northern expression as state sovereignty was
anti-federalist and southern. This debate had the same cause as had
the convention of 1787. The cause of the adoption of the federal
constitution, as well as of the reaching of the ‘‘ unanimous ’’ conclu-
sion in Prigg’s case, was the too well-grounded apprehension of
bloody collision between contending sections. Webster’s spectre of
States ‘‘ discordant, dissevered, belligerent ’’ was raised as soon as
the first steps toward the confederation of the colonies were taken.
It would not down at Webster’s voice. Neither statesman nor
judge could exorcise it.

It almost provokes a smile to read Sir Henry Maine’s suggestion
that it is wrong to charge the federal government with failure to
furnish a peaceful solution of the slavery question, that its princi-
ples were never applied to the task, and that its framers wrongly
shrunk from attempting what there is reason to suppose the machine
they devised might have accomplished if set to the work. Is it not
honor enough to have been alone among the nations in devising a
central government solely out of the fear of disunion and without
the welding influence of outer pressure? Where would have been
the Union that in 1787, or even fifty years later, had dared to offer
a solution of the slavery problem along the lines of the Declaration
of Independence? The police power under that name comes into
and takes its place in our jurisprudence as one of the judicial expedi-
ents not to lay but to pacify this disturbing spirit of slavery.

The fact that most of the discussions involving the police power

318 HASTINGS—POLICE POWER OF THE STATE. [June 19,

_are in cases relating to the commerce clause, and that the case in

which the phrase originated—Brown vs. Maryland—is such a one,
does not prevent this being true. The slave power was not fond of
the courts. The case of Prigg vs. Pennsylvania was, as Judge Story
remarks, the first in which the provisions of the constitution as
to fugitives from slavery was involved. The exclusion laws that
Winthrop was attacking the next year in his Report Vo. 8o, before
referred to, seldom or never reached courts of last resort. This
case of Prigg vs. Pennsylvania, itself, was doubtless brought by one
who was anything but friendly to African slavery and is by Judge
McLean declared to be an agreed case.

In the well-known! Lemon case in New York the writ of Habeas
Corpus was served in 1852, the case reached its final hearing in the
Court of Appeals only in 1860. It is not surprising that litigants
should not be eager to take into the last asylums of justice cases in-
volving the relative rights of slave and owner. The comments of?
Judge Ruffin in reversing the judgment of conviction for assault on
a slave by a temporary master who had hired her from her owner,
show how loath the courts were to take up the subject. The fact that
no appearance of attorney was made on behalf of the victorious de-
fendant shows, perhaps, how little inclination there was to debate
_ in courts of law this institution which rests upon pure force applied
by one man for his own profit directly upon another.

The fact that in the United States courts the questions raised are
concerning commerce or taxation does not prevent their discussion
being always in the presence of this sometimes smouldering, some-
times blazing brand of dissension between the states, and both
argument and decision were with an eye to the consequences in
that direction. The effect of slavery in thus bringing into prom-
inence the doctrine of the police power, growing out of the rela-
tions of the state and federal governments, seems a remarkable
example of the truth of * Stein’s remark, that developments in con-
stitutional and administrative law may be looked for precisely when
some special interest is seeking to arrogate to itself the position of
being the general public interest.

1 Lemon vs. People, 20 N. Y., 562.
2 State vs. Mann, 2@ Dev., 263.
3 Handbuch Verwaltungs Lehre, S. 120.

1900.] HASTINGS—POLICE POWER OF THE STATE. 379

CHAPTER EL.
THE LICENSE CASES.

We have seen the police power so named by Chief Justice Mar-
shall under the suggestion of Taney’s argument in Brown vs.
Maryland, as a result of the perception by the chief justice of the
truth that in spite of all constitutional limitations from the side of
the central government there must remain in the states an indefi-
nite fund of legislative and governmental power to provide for the
countless actual and conceivable emergencies of local government.
We have seen this name, rather suggested than adopted by him,
wait for ten years and until after his death to become the current
one for this idea. In the same time it had become the term, not
yet quite exclusively used, for the same idea in the court where it
originated ; that its currency was due to its getting involved in the
slavery discussions, then just at an acute stage because of the growth
of the southwest and the question of Texan annexation, seems to
admit of no doubt.

The origination and character of this development of our law
becomes still plainer with its next important appearance in the
Supreme Court of the United States. This was in the’ license cases
in 1846. Once more, as in Prigg vs. Pennsylvania, we have a
judicial debate. The judges all concurred in the disposition of all
the cases. None, however, was willing to accept any of the others’
reasons for doing so, except Justice Nelson, who contents himself
with simply concurring with the chief justice.

The cases were simply that Massachusetts and Rhode Island had
enacted statutes requiring a license from the town selectmen to
authorize any retail sale of spirits in less quantities than a certain
number of gallons, more, however, than the fiiteen gallons which
was the minimum quantity authorized by Congress to be imported
at one time. New Hampshire had passed a similar act prescribing
a similar condition for a sale in any quantity whatever. Each of

15 How., 504.

380 HASTINGS—POLICE POWER OF THE STATE. [June 19,

the three states required a moderate payment for such license. A
case of conviction for violation of these laws was brought up from
each of the states under a finding in each case that the liquors were
of foreign importation and that the sellers had no license to dispose
of them. It was not claimed in any of the cases that the seller was
also the importer, but the right to sell the imported liquor without
license was claimed. It was also asserted that the laws were an in-
fringement on the power of Congress to regulate commerce under
the constitution.

The difficulty of fixing practical rights in a court which feels
more strongly than anything else that its mission is to settle the
relation of discordant states by determining their mutual relation
to a paramount federal state is in this case exemplified. Truly,
the foreign observer is not wholly unjustified in his amazement at
the deliberate creation, as he thinks it was, of such a paradise for
lawyers. The judges are as satisfied in these cases that the state
statutes under consideration are good as they were in Prigg vs.
Pennsylvania that the law was bad. ‘They are all convinced that
the laws they are considering here are each a valid exercise of the
police power. The question profoundly discussed, and left as far
as ever from settlement, is, whether they are also a regulation of
foreign commerce, and whether the state has any concurrent
authority with Congress over the latter'subject. The increasing vogue
of the term ‘‘ police power’’ is noticeable. It is true that Chief
Justice Taney does not yet quite fully adopt it, even in attempting
to define, or rather describe, its meaning. After saying that no
one controverts that the constitution, and laws made pursuant to it,
are the supreme law of the land, and that consequently the acts of
Congress must prevail in the domain of interstate and foreign com-
merce, he adds:

‘But this power extends no further than such domain and beyond this
the power of the state is supreme.”’

This, he says, is unquestioned, but the ‘‘ trouble lies in the applica-
tion of it’’—not an uncommon trouble in deciding cases, but in
this one the difficulty was not so much in making the application as
in getting the nine judges to agree as to what it was they were
applying. A discussion seldom settles questions. Courts settle
them by deciding them. By discussing them they usually raise
some new ones.

1900. | HASTINGS—POLICE POWER OF THE STATE. asl

The discussion, however, was worth all the litigation which it
has and may cost as the refining on this subject still goes on. The
chief justice was certainly trying to follow! Machiavelli’s maxim,
and

“‘ pursue the real truth of things and not some mere imaginary theory or
conception of them.”’

He gives his own matured conclusion as to the case of Brown vs.
Maryland and its doctrines. Eulogies and compliments to Chief
Justice Marshall have certainly not been wanting. ‘Taney’s declar-
ation here that he had concluded that he was wrong in his conten-
tion in that case and that Marshall was right is of them all perhaps
the greatest and most touching. It has been said that the greatest
victory of a disputant is not to silence but to convince his
adversary.

But Taney has no difficulty in holding that in the cases of Massa-
chusetts and Rhode Island the laws acting only on the retail trade
are out of the sphere of interstate and foreign commerce. In the
New Hampshire case, however, he admitted that, as the law re-
quired a license from the state before making any sale in any quan-
tity whatever, it acted directly upon foreign commerce, and was
void if the state had no power over such commerce. He, however,
insists upon a suberdinate power in a state to legislate upon that
subject so long as it does not go contrary to the legislation of Con-
gress nor get outside of the proper functions of local government.

That the term ‘‘ police power’’ was not fully to the mind of the
chief justice appears when he comes to discuss that subject and the
distinction which he seeks to formulate between true police laws,
over which he says Congress has no control, and this subordinate
power of legislation which Congress can annul. Speaking of the
case of Gibbon vs. Ogden, he says:

* “Moreover, the court on pages 205, 206 distinctly admits that a state
may in the execution of its police and health laws make regulations of
commerce, but which Congress may control. It is very clear that so far
as these regulations are merely internal, and do not operate on foreign
commerce or commerce among the states, they are altogether indepen-
dent of the power of the general government and cannot be controlled
by it.”

That they are subject to control by Congress, therefore, stamps
them as regulations of commerce in his eyes.

1 The Prince, Chap. 15. 2 § How., 582.

(Se)

82 HASTINGS—POLICE POWER OF THE STATE. [June 19,

Then he asks:

‘What are the police powers of a state? They are nothing more or
less than the powers of government inherent in every sovereignty to the
extent of its dominion, and whether a state passes a quarantine law or a
law to punish offenses, or to establish courts of justice, or requiring
certain instruments to be recorded, or to regulate commerce within its
own limits, in every case it exercises the same power: that is to say, this.
power of sovereignty, the power to govern men and things within the
limits of its own dominions. It is by virtue of this power that it legis-
lates, and its authority to make regulations of commerce is as absolute
as its power to pass health laws, excepting so far as it has been restricted
by the constitution of the United States. When the validity of a state
law is drawn in question in a judicial tribunal, the authority to pass it
cannot be made to depend upon the motives that may be supposed to
have influenced the legislature, nor can the court inquire whether it was
intended to guard the citizens of a state from pestilence and disease or
to make regulations of commerce for the interests and convenience of
trade.”

He cites a number of other matters in which the states legislate
notwithstanding Congress has authority, as in matters relating to
the militia, the bridging of navigable streams, as illustrated in
2 Houston vs. Moore and * Wilson vs. Blackbird Creek Marsh Com-
pany. He holds the New Hampshire law and judgment valid,
though the gin sold was brought from another state in the same
barrel and Congress had undoubted power to regulate such traffic.
Congress, however, had not done so, and therefore he thought the
state, in the exercise of its general governmental powers, might
deal with it as it pleased and either license or prohibit altogether
such sales.

Judge McLean is, even more thoroughly than the chief justice,
of the opinion that the laws and judgments in question are valid.
He does not, however, like him, admit there is any neutral or
common ground between the powers of the state and those of the
federal government; each, to his mind, is absolutely supreme in its
own sphere. So he thinks there can be no question that these are
public laws, and therefore are not regulations of commerce.

4«« The states resting on their original basis of sovereignty, subject only
to the exceptions stated, exercise their powers over everything connected

1 § How., 583. 32 Pet ean.
25 Wheat., i. 45 How., 588.

1900.] HASTINGS—POLICE POWER OF THE STATE. 385

with their social and internal condition; a state regulates its domestic
commerce, contracts, the transmission of estate, real and personal,
and acts upon all internal matters which relate to its moral and political
welfare.

“Over these subjects the federal government has no power. They
appertain to the state sovereignty as exclusively as powers exclusively
delegated appertain to the general government.” , ... ‘‘ A license to
sell an article, foreign or domestic, as a merchant, an innkeeper or a
victualer, is a matter of police and of revenue within the power of a
state.” . .. . “The acknowledged police power of a state extends often
to the destruction of property. A nuisance may be abated, everything
prejudicial to the health or morals of a city may be removed. Mer-
chandise from a port where a contagious disease prevails, being liable to
communicate the disease, may be excluded. In extreme cases it may
be thrown into the sea. This comes into direct conflict with the regula-
tion of commerce, and yet no one doubts the power. It is a power essen-
tial to self-preservation, and exists necessarily in every organized com-
munity. It is indeed the law of nature and possessed by man in his
individual capacity.”

Judge Taney’s old gunpowder argument and _ illustration in
Brown vs. Maryland come back again. After concluding that the
case in hand is not one of sale by the importer, and therefore the
precedent in Brown vs. Maryland did not apply, he answers the
argument that a power such as he has described might be used to
interfere with foreign and interstate commerce merely by saying
that the fact that a power may be abused furnishes no inference of

its non-existence. What power may not be abused in human
hands ?

Coming back again to the relations of the police power to that
of Congress, he says that they must stand together:

‘Neither of them can be so exercised as to materially affect the other.
The sources and objects of these powers are exclusive, distinct and inde-
pendent, and are essential to both governments. The one operates
upon foreign commerce and the other upon the internal concerns of a
state; the former ceases when the foreign product becomes commingled
with the other property in the state. At this point the local law attaches
and regulates it as it does other property. The state cannot, with a view
to encourage its local manufactures, prohibit the use of foreign articles,
or impose such a regulation as shall be in effect a prohibition. But it
may tax such, as it taxes other and similar articles in the state,
either specifically or in the form of a license to sell. A license may
be required to seil foreign articles when those of a domestic

384 HASTINGS—POLICE POWER OF THE STATE. [June 19,

manufacture are sold without one, and if the foreign article be injurious
to the health or morals of the community, the state may, in the exer-
cise of that great and conservative police power which lies at the foun-
dation of its prosperity, prohibit the sale of it. No one doubts this in
regard to infected goods or licentious publications.”

This seems to be carrying the doctrine of faculties even farther
in the theory of government than it was ever carried in metaphysics.
He adds as a corrective:

“Such a regulation must be made in good faith and have for its sole
object the preservation of the health or morals of society. If a foreign
spirit should be imported containing deleterious ingredients fatal to the
health of those who use it, its sale may be prohibited. When in the
appropriate exercise of these federal and state powers contingently and
incidentally their lines of action run into each other, if the state power
be necessary to the preservation of the moral health or safety of the
community it must be maintained; but this exigency is not to be
founded on any notions of commercial policy or sustained by a course
of reasoning about that which is supposed to affect in some degree the
public welfare.”

With regard to the New Hampshire case, he holds the fact that all
sales whatever without license are forbidden does not vitiate the
law, because, as he thinks, the prohibition of tax upon imports by
the states has reference only to imports from foreign countries.
Justice Catron comes to the support of the chief justice, and
thinks the giving Congress power to legislate on a given subject
would not of itself deprive the states of such power, but only of
all right to act contrary to the constitution or to acts of Congress
passed in accordance with it. The assumption is that the police
power was not touched by the constitution, but left to the states as
the constitution found it. This is admitted; and whenever a thing
from character or condition is of a description to be regulated by
that power in a state, then the regulation may be made by the
state, and Congress cannot interfere; but this must always depend
on facts subject to legal ascertainment, so that the injured
may have redress, and the fact must find its support in this:
Whether the prohibited article belongs to and is a subject to
be regulated as a part of foreign commerce or commerce among
the states. If from its nature it does not belong to commerce,
or if its condition from putrescence or other cause is such when
it is about to enter the state that it no longer belongs to com-

1900. ] HASTINGS—POLICE POWER OF THE STATE. 585

merce—or, in other words, is not a commercial article—then the
state power may exclude its introduction. As an incident to this
power, the state may use means to ascertain the fact, and here is
the limit between the sovereign power of the state and federal
power.

‘‘What, then, is the assumption of the state court? Undoubtedly in
effect that the state had power to declare what should be an article of
fawful commerce in the state, and having declared that ardent spirits
and wines were deleterious to morals and health, they ceased to be
commercial commodities there, and that then the police power attached
and consequently the powers of Congress could not interfere. The
exclusive state power is made to rest not on the fact of the state or con-
dition of the article, nor that it is property usually passing by sale from
hand to hand, but on the declaration found in the state laws and as-
serted as a state policy that it shall be excluded from commerce. By
this means the sovereign jurisdiction in the state is attempted to be
created where it did not before exist.”

As Judge Catron adds, if the state can do this at pleasure, the
power of Congress over commerce is gone. For that reason he
thought the New Hampshire case could not be held to depend upon
the police power, considered as a sovereign reserve power in the
state and beyond all control of Congress. If the law is to be sus-
tained, it must be held to have passed in the exercise of a subordi-
nate power over commerce not forbidden to the states either im-
pliedly by the constitution nor expressly by Congressional legisla-
tion. He then follows over the ground occupied by the chief
justice, * citing ? Hamilton in Zhe Federalist.

Judge Daniel attacks the doctrine of Brown vs. Maryland as
energetically as the chief justice upholds it. Judge Daniel declines
to allow that the commercial power of Congress extends into the
states and accompanies imported articles to their destinations
within state boundaries. He declares,

3 Tt is wholly otherwise under our system of confederated sovereigns.”

Justice Wocdbury finds the cases satisfactorily disposed of in
the opinions already given, and the most of the points raised he
thought not material. He, however, like Justice Daniel, is unable
to ‘put his conscience into commission ” where the relations of
the state are concerned.

15 How., 607. 2 Federalist, No. 32. 8 5 How., 615,

386 HASTINGS—POLICE POWER OF THE STATE. [June 19,

1“ But looking to the relations which exist between the general govern-
ment and the different state sovereignties, the question whether the
laws in these cases are within the power of the states to pass without an
encroachment on the authority of the general government is one of
those conflicts of laws between the two governments, involving the true
extent of the powers in each, which is very properly placed under our
revision.”

Agreeing with Chief Justice Taney and Justice Catron that the
states have some powers of legislation over interstate commerce,
he, nevertheless, is unable to find these license laws, even in the
case of New Hampshire, prohibiting as it did absolutely sales
without license, to be regulations of commerce. As he truly
enough says, for more than half a century such license laws had
been universally in use among the states, and no one had thought
of regarding them as regulations of foreign commerce. ‘The fact
that they might have some effect on commerce could not be allowed
to vitiate them if in fact they were properly directed at and had
their principal effect upon something else and that something was
within the state jurisdiction. He strikes the burning question
really underlying all this when he discusses the principles as appli-
cable to the exclusion of persons as well as things, and where he
refers again to” Prigg vs. Pennsylvania, the police power and run-
away slaves.

Judge Grier also concurs in the judgments but agrees with Jus-
tice McLean as to the exclusive nature of the power of Congress
over commerce, though he does not consider that point involved.
He finds in the ‘‘ complete, unqualified and exclusive’’ power of
‘internal police ’’ developed by Justice Barbour in the case of New
York City vs. Miln and in the maxim “ Salus populi, Suprema lex
est’? a sufficient warrant for all three of the laws under considera-
tion:

‘The police power which is exclusively in the state is alone competent
to the correction of these great evils, and all measures of restraint or
prohibition necessary to effect the purpose are within the scope of that
authority.”

His conclusion is that the evils of pauperism and crime which
have their origin in the traffic in ardent spirits are ample warrant
for the placing them under the jurisdiction of this authority.

1 5 How., 618. 2 [d,, 628-9.

1900.] HASTINGS—POLICE POWER OF THE STATE. 388i

It is to be said, again, that these men were not debating about
mere words. In the condition things then were, it mattered
greatly whether various questions as to which the states were con-
stantly legislating, and were certain to continue doing so, should
be referred to a subordinate power subject to the revision of
Congress, or to a police power which was ‘‘ complete, unqualified
and exclusive.’’ In setting up a neutral ground, in holding that
the states might continue to legislate in regard to a subject over
which Congress was, by the terms of the Constitution, simply
given power of regulation, Chief Justice Taney was not simply
following separatist tendencies. He was, as he firmly believed,
carrying out not only the intentions of the framers of the consti-
tution,’ who seem to have rejected a proposition in the convention
to make this power in terms exclusive, but Marshall’s judicial
opinion as well.

It is true that Story, who based his dissent in the City of New
York vs. Miln mainly on such exclusive power of Congress, says
he has the consolation of knowing that in this position he had the
concurrence of the late chief justice ‘‘upon the same grounds.’’
But Judge Story weakens his own statement when he adds:

“Having heard the former agument his deliberate opinion was that the
present case fell directly within the principles established in the case of
Gibbon ws. Ogden, 9fi Wheaton, 1, and Brown vs. State of Maryland,
12th Wheaton, 419.”

It is to be noted that Judge Story had also taken the position that
the New York law in the case of City of New York vs. Miln was
at variance with Congressional legislation; and it is as to this
position that in his dissenting opinion he cites both these cases
most successfully. He hardly ventures to claim them as supporting
an exclusive power in Congress.

It is clear that to claim the judge who in Gibbon vs. Ogden,
while acknowleding the force of the argument for exclusive power
in Congress over this subject pointedly declined to hold that such
was the case, and who, in ’Wilson vs. Blackbird Creek Marsh Com-
pany, upheld a state law relating to bridging a navigable creek dis-
tinctly on the ground of a power remaining in the states, where no
act of Congress intervened, to pass legislation affecting commerce

13d Elliot's Debates, 259.
22 Pet, 25 1—2:

388 HASTINGS—POLICE POWER OF THE STATE. _ [June 19,

and navigation, as the author of the doctrine of such exclusive
power on the part of Congress is, as Taney remarks,

“To make different parts of that opinion (Gibbon vs. Ogden) incon-
sistent with each other, an error which I am quite sure no one will ever
impute to the eminent jurist by whom the opinion was delivered.”

A lifetime of struggle with Marshall’s logic had made Taney, at
least, as able to get his meaning where his conclusions were
accepted and sympathized with as was Story. Taney’s derivation
of: consequences would be the closer of the two. That he regarded
himself as strictly following Marshall’s lead given in Wilson ws.
Blackbird Creek Marsh Company, and the latter as in no degree
inconsistent with, but on the contrary derivable from the doctrine
of Gibbon vs. Ogden and Brown vs. Maryland, is clear. That
Marshall should, after recognizing so clearly in his opinion in
Gibbon vs. Ogden the exclusive right of the state to regulate
its ‘‘internal police,’’ have shown as he ‘did that he considered
the validity of much legislation which had been enacted by the
states to depend upon its conformity to that of Congress, would
seem to establish that at that time, as well as in 1829 when he
decided the case of Wilson vs. Blackbird Creek Marsh Company,
he recognized such a subordinate power in the states. With
Taney, many will prefer to doubt the posthumous assertion of his
adherence to the doctrine of exclusive power in Congress, rather
than question his consistency.

This view will commend itself the more because Taney’s doc-
trine was anything but separatist in practical tendency, and offered
far greater opening, in fact, for the adjustment of differences
between the states and the federal government than did the other.
If the only authority on the part of states to legislate comes from
a sovereign police power, ‘‘complete, unqualified and absolute,’’
every enactment must be an assertion of such power and every
inconsistency with federal legislation a clash of sovereigns. Then,
too, if they were, as Story, McLean and Grier insisted, wholly sep-
arate fields, one belonging to the federal and the other to the state
governments, the one fenced off to its owner by the constitutional
grant of power to regulate commerce, and the other to the states
by the constitutional reservation of all powers not conferred,
neither Congress on the one hand nor the state legislatures or con-

1See p. 364.

1900.] HASTINGS—POLICE POWER OF THE STATE. 389

stitutions on the other could enlarge or diminish their respective
holdings. According to this a hard and fast line had been drawn
over which neither could step, either for good or for evil.

The practical consequences of such a dispute in the court ata
time when the differences between the sections were rapidly draw-
ing to a crisis may be easily seen. That Taney’s is the more
practical and statesmanlike view seems clear; that it is supported
by a closer following of historical development seems also true. It
was not, however, sufficiently in accordance with the desire for
sharp distinctions, the effort to hold the states and the national
government clearly apart, which characterized both popular and
professional sentiment at that time. The followers of the prevalent
modern doctrine of the exclusive power of Congress over interstate
and foreign commerce and of an entirely separate domain of police
power may style themselves and 'be styled the school of Marshall,
but they can prove their position by their master only on the
authority of Judge Story in a dissenting opinion written after the
great chief justice was no more.

To appreciate the importance attached to every shred of power
by the adherents of state and national authority respectively, the
steadily growing slavery discussion and sectional bitterness must be
kept in mind. The license cases are almost precisely contemporary
with the Wilmot proviso, and the mission of Mr. Samuel Hoar to
South Carolina as agent of the commonwealth of Massachusetts to
look after the interests of colored seamen, her citizens, seized from
their vessels in Charleston harbor. He left the city on the advice
of the city and state authorities that he was not safe, and they
could not and would not protect him.

1 Harvard Law Review, Vol. xii; 359.

390 HASTINGS—POLICE POWER OF THE STATE. [June 19,

CHAPTER III.

THE PoLicE PowER AND THE ‘‘ COMMERCIAL POWER’”’ OF CON-
GRESS COLLIDE IN THE ‘‘ PASSENGER CASES.’’

Two years later in the 1 Passenger cases the police power and the
commerce clause of the federal constitution appeared again in
conflict in the United States Supreme Court. This was a signal
for a renewal upon a still larger scale of the judicial debate over
the relations of these two subjects. It gradually appeared that
Chief Justice Taney and Justice McLean were the protagonists for
the respective sides, if sides there were, where each judge repu-
diated more or less of the reasons for his position given by those
who agreed with him. These cases, originating in 1841 and decided
in 1848, were in some degree a triumph of the commerce clause in
the constitution and of the doctrine of exclusive power in Con-
gress over that subject and a recession from the assertion of a
‘*complete, unqualified and absolute’’ police power in the states as
declared in the City of New York vs. Miln. The discussion was
even longer than in the License cases. The latter had occupied one
hundred and twenty-nine pages in 5th Howard's Reports. The
Passenger cases filled two hundred and sixty-nine pages in 7¢h
Howard.

By a law of the state of New York the health commissioners of
the city of that name were authorized to collect and receive, and
in case of failure to pay to sue for and recover of the master of
every ship arriving in its harbor $1.50 for each cabin passenger
and $1.00 for each steerage passenger and mariner, and from each
coasting vessel twenty-five cents for each person on board. Coast-
ing vessels from New York, Connecticut and Rhode Island were
only to pay once a month. Such money was to be denominated
‘« Hospital Moneys,’’ and the master was authorized to collect it
from his passengers and crew. A failure for twenty-four hours after
arrival on the part of the master to make such payment subjected
him to a penalty of one hundred dollars. The health commis-
sioners were to account annually to the state comptroller for all

17 How., 283.

1900. ] HASTINGS—POLICE POWER OF THE STATE, 391

money so received, and if this was more than sufficient for the
necessary maintenance of the marine hospital, including their own
salaries and certain payments to the city, they were to pay the sur-
plus to the treasurer of the Society for the Reformation of Juvenile
Delinquents.

Suit was brought to recover this penalty and for the required
payment against the master of the English ship Henry Bliss for
landing two hundred and ninety passengers. Judgment was ren-
dered against him in the trial court, and also on appeal in the state
court of last resort, and the case then taken to the Supreme Court
of the United States.

In 1837 it had been enacted by the legislature of the state of
Massachusetts that each vessel coming into harbor at Boston be
boarded by officers appointed by the city authorities and no lunatic,
idiot, maimed, aged or infirm person, incompetent, in such board-
ing officers’ opinion, to earn a livelihood, and no person who had
been a pauper in any other country found on such vessel be per-
mitted to land, unless bond in the sum of one thousand dollars
should be given that such person would not become a public charge
within ten years; and that no passenger be permitted to land from
such vessel till two dollars for each passenger so landing had been
paid to such boarding officer.

A Nova Scotia schooner called Zhe Union Jack had landed nine-
teen passengers at Boston. Her master had paid the fee under
protest and brought an action to recover it back, and from judg-
ment against him in the state courts had taken the case by error to
the United States Supreme Court.

The court, in an opinion by Justice McLean, with whom con-
curred Justices Wayne, Catron, McKinley and Grier, decided the
laws both bad as being infringements upon the power of Congress
to regulate foreign and interstate commerce.

He considers the question under two general heads: first, Is the
power of Congress to regulate commerce exclusive ? and, second,
Is the statute of the state of New York, and subsequently the
Massachusetts statute, a regulation of commerce? In discussing
the first, he has discovered that the doctrine that the legislative
power of the state can be in any case subordinate

1 = ° . ‘
“degrades the states by making their legislation to the extent stated

17 Howard, 399.
PROC. AMER. PHILOS. SOC. XXXIx. 163. Zz. PRINTED SEPT. 26, 1900

892 HASTINGS—POLICE POWER OF THE STATE. [June 19,

subject to the will of Congress..... State powers are at all times
and under all circumstances exercised independently of the general
government and are never declared void or inoperative except when
they transcend state jurisdiction, and, on the same principle, the federal
authority is void when exercised beyond its constitutional limits.”’

Of course, by dwelling upon this he only adds force to Taney’s
remark in the License cases that it is inconsistent to make the
fields of state and federal legislation mutually exclusive and still
make the validity of state legislation depend in any degree upon
its conformity to that of Congress; and this inconsistency must be
attributed to 'Chief Justice Marshall if it is claimed that he held
the power of Congress to be exclusive. He had in Gibbons gs.
Ogden and Wilson vs. Blackbird Creek Marsh Co. held the state
legislation considered in those two cases bad and good respectively,
according as it agreed or not with that of Congress. If the posi-
tion of Story, and after him McLean, is sound, it is not a
question of consistency with Congressional enactments or other-
wise, but is simply one of power or absence of it on the part of
the state.

The argument of Justice McLean, otherwise, goes over the
familiar ground and cases, but he spends more effort in trying to
show the essential repugnancy of two concurrent powers over the
same subject in the same state, and hence he thinks that commerce
and police powers must be held to be two different and distinct
things. He says:

‘“No one has yet drawn the line clearly because, perhaps, no one can
draw it between the commercial power of the Union and the municipal
power of a state. Numerous cases have arisen involving these powers
which have been decided, but a rule has necessarily been observed as
applicable to each case and so must every case be adjudged.”

He finds that the laws in question impose a tax on commerce
which Congress by non-action had decided should be free. Out of a
*remark in the opinion in City of New York vs. Miln, that persons
were not subjects of commerce and so putting restrictions on bring-
ing them in was not taxing imports, it had been sought to develop
a doctrine that the transportation of passengers was not commerce,
and so Congress had no authority over it. Over this question the
judicial debate went on at a length there is no occasion now to

1 See page 364. PL Pel he Os

1900.] HASTINGS—POLICE POWER OF THE STATE. 398

follow. ‘Toward the end of his opinion Justice Mcl.ean touches
again upon the police power, this time in its relation to taxation :

1«*The police power of the state cannot draw within its jurisdiction
objects which lie beyond it. It meets the commercial power of the
Union in dealing with subjects under the protection of that power, yet
it can only be exerted under peculiar emergencies and to a limited ex-
tent. In guarding the safety, health and morals of its citizens a state is
restricted to appropriate and constitutional means. If extraordinary
expenses be incurred an equitable claim to an indemnity can give no
power to a state to tax objects not subject to its jurisdiction.”

Justice Wayne, who took no part in the discussion of the License
cases but concurred in the decision, now declares himself for the
doctrine of exclusive power in Congress over commerce, and says
that opinions to the contrary are ‘‘ individual opinions,’’ and
without authority ‘‘to overrule the contrary conclusion as it is
given by this court in Gibbon vs. Ogden.’’ He does not think it
necessary to reaffirm that doctrine, however, in these cases.

He announces nine conclusions of the court in these Passenger
cases, with most of which the police power has little direct con-
cern. The second of them is, that the states cannot tax commerce
of the United States to help defray expense of executing police
laws, and that commerce includes intercourse of persons as well as
importations of merchandise. He also finds the laws in question
are inconsistent with certain treaties and Congressional enactments,
though why he should do so, after concluding that their entire
subject is outside of the domain of state legislation, is not quite
clear. His ninth conclusion is that the states may, in the exercise
of their police powers, establish quarantine and health laws and
impose penalties for their violation ; that such laws though affect-
ing commerce do not regulate it, and in the exercise of such police
power without infringing on that of Congress the state may exact
from owners and passengers of vessels the costs of their detention
and purification. ‘The laws under consideration are held to be not
of this character but to establish a tax in each case on foreign com-
merce and, therefore, void.

Coming to discuss the claim that they are merely police laws
and the charges merely to cover the expense of executing them, he
says :

‘A proper understanding of the police power of a nation will probably

17 How., 408.

394 HASTINGS—POLICE POWER OF THE STATE. [June 19,

remove the objection from the minds of those who made it. Whatis the
supreme police power of the state? It is one of the means used by
sovereignty to accomplish that great object, the good of the state. It
is either national or municipal, in the confined application of that word
to corporations and cities. It was used in the argument invariably in
its national sense. In that sense it comprehends the restraint which
nations may put upon the liberty of entry and passage of persons into
different countries for the purposes of visitation or commerce.”

‘Police powers, then, and sovereign powers are the same. The
former being considered as so many particular rights under that name
or word collectively placed in the hands of the sovereign.” ....
‘“‘How much of it have the states retained? I answer unhesitatingly,
all necessary to their internal government. Generally, all not dele-
gated by them in the articles of confederation to the United States of
America ; all not yielded by them under the constitution of the United
States. Among them, qualified rights to protect their inhabitants by
quarantine from the fields. Imperfect and qualified, because the com-
mercial power which Congress has is necessarily connected with quar-
antine, and commerce may by adoption, presently and for the future,
provide for the observance of such state laws making such alterations
as the interest and conveniences of commerce and navigation may re-
quire. Such has been the interpretation of the right of states to quar-
antine and that of Congress over it from the beginning of the federal
government. Under it the states and the United States, both having
measurably concurrent rights of legislation in the matter, have reposed
quietly and without any harm to either until the acts now in question
caused this controversy.” }

This is what resulted to Judge Wayne from accepting 2 “‘ just
as it is expressed ’’ Story’s and McLean’s laboriously constructed
doctrine of totally distinct domains for state and federal power.
He goes on to remark that the whole trouble has arisen out of the
claim of a right to remove and keep out of the state dangerous per-
sons. He finds the power to regulate commerce, also, one of those
particular rights collectively placed in the hands of the sovereign
for the good of the state.

The bearing of these cases upon the burning controversies of the
time comes out in the following :

3“« The fear expressed that if the states have not the discretion to deter-
sine who may come and live in them, the United States may introduce
into the southern states emancipated negroes from the West Indies and

7 How., 424. aa ALY. § Td., 428.

1900.] HASTINGS—POLICE POWER OF THE STATE. 395

elsewhere, has no foundation. It is not an allowable inference from the
denial of that position or from the assertion of the reverse of it.”’

The long account of how the opinion in the case of City of
New York vs. Miln came to be given, and especially to contain
the remark that persons are not subjects of commerce, has no rela-
tion to the police power except as showing how almost by accident
an opinion so important in the history of that power and in popu-
larizing the use of the term came to be adopted and published as
the opinion of the court.

Justice Catron does not discuss the question of the concurrent
but subordinate power in the states to regulate commerce which
he upheld in the License cases. He finds that these laws now in
question provided a tax on foreign commerce, which is contrary
to the national policy and legislation, and, therefore, that they are
void.

1 «‘ Were this court once to hold that aliens belonging to foreign com-
merce and passengers coming from other states could have a poll tax
levied on them on entering any port of the state, on the assumption
that the tax could be applied to maintain state police powers, and by
this means the state treasury could be filled, the time is not distant when.
states holding the great inlets of commerce might raise all necessary
revenues from foreign intercourse and from intercourse among the states
and thereby exempt their own inhabitants*from taxation altogether.”

He finds the passengers in these cases were not subjects of any
police power or sanitary regulations, and thus frankly rests his
conclusions on general expediencies, and is noticeably cautious of
approaching the abstract question as to the exclusiveness or other-
wise of the federal power over commerce.

* Justice McKinley deals only with clause 1 of article 9 of the
federal constitution as to the exclusion of persons, and thinks it
does not refer simply to the slave trade, but puts the whole question
of immigrants and their regulation into the hands of Congress.

Justice Grier follows substantially the ideas of Justice Catron,
that twelve states in the Union had no seaport, that the constitu-
tion was adopted principally to avoid commercial disagreements
and troubles between the states; and he leaves practically out of
view both the claim of police jurisdiction for the state and that of
exclusive power on the part of Congress.

17 How., 448. BMG UNS.

396 HASTINGS—POLICE POWER OF THE STATE. [June 19,

Of the five judges of the majority, McLean and Wayne assert the
supremacy and exclusiveness of the power of Congress over inter-
state and foreign commerce, and the same supremacy and exclu-
siveness in the police power of the states, though with some falter-
ing in the latter on the part of Justice Wayne. The other three
decline to discuss the exclusiveness of Congressional power, but all
five find in the laws a tax on passengers which no state has
authority to exact, and for which the police power in any view fur-
nishes no justification.

Justice McLean, especially, builds two sovereignties and assigns
to one under the name of the commercial’ power the absolute dis-
position of all foreign and interstate commerce without so much as
even a suggestion from the other, and to that other under the name
of police power a like absolute control of domestic commerce and
general local government. He admits that no clear dividing line
exists between the two, that on each side the one is constantly
passing into each other, but trusts to the resources of his court to
reconcile them when they clash. It is not much wonder that
Chief Justice Taney, and Justices Daniel, Nelson and Woodbury
with him, were disturbed by the prospect of such a task, at a time
when the churches of the country were splitting it into northern
and southern, and the dispute between the two sections was just
reaching the crisis which was allayed by the compromise of 1850.

The chief justice declares that the question involved in these
cases is, whether under the constitution the federal government
has the right to compel the states to receive and permit to remain
in association with their citizens every class of persons whom it
may be the policy or pleasure of the United States to admit from
abroad.

1“ Tf the people of the several states of this Union reserved to them-
selves the power of expelling from their borders any person or class of
persons whom they might deem dangerous to their peace or likely to
produce physical or moral evil among their citizens, then any treaty or
law of Congress invading this right and authorizing the introduction of
any person or description of persons against the consent of the state,
would be an usurpation of power which this court could neither recog-
nize nor enforce. I had supposed this question not now open to dis-
pute. It was distinctly decided in * Holmes vs. Jenison, * Groves vs.
Slaughter and * Prigg vs. Commonwealth. If these cases are to stand
the right of the state is undoubted.”’

17% How., 466. 244 Pet., 540. BW ehelas 449. #76 Fei... 536;

1900.] HASTINGS—POLICE POWER OF THE STATE. 397

He, therefore, finds in a right to exclude these passengers a more
than sufficient authority to prescribe the conditions on which they
may come in. He cites his own opinion in the License cases as
to a right in the states to legislate locally on commerce, where
Congress has not done so, and cites the thirty-second paper of Zhe
federalist on this point. He declines to see, in any law or treaty
cited, anything contradictory to the state legislation in question,
and sees in the ninth section of article 1 of the federal constitu-
tion no reference to anything but the slave trade. He ‘admits
the transporting of passengers is a part of commerce, but declines
to reckon passengers themselves as imports. He does not see that
in resigning the regulation of interstate and foreign commerce to
Congress the states intended to give up any power of taxation,
and referring to Mayor of the City of New York vs. Miln, says that
the state law in that case was sustained upon what was called the
police power of the state.

He closes with an assertion of the rights of the federal govern-
ment as strong as that of Judge Miller, given in Crandall os.
Nevada, in 1867 :

“‘For all of the great purposes for which the federal government was
formed, we are one people with one common country. We are all citi-
zens of the United States, and, as members of the same community,
must have the right to pass and repass through every part of it without
interruption as freely as in our own states ; anda tax imposed by a state
for entering its territories or harbors is inconsistent with the rights
which belong to the citizens of other states as members of the Union,
and with the object which that Union was instituted to attain. Such a
power in the states could produce nothing but discord and mutual irri-
tation, and very clearly they do not possess it. But upon the question
that the record brings up the judgment in the New York case, as well
as that in Massachusetts, ought in my opinion to be affirmed.”’

The opinion of Justice Woodbury is important on two accounts,
as setting forth somewhat carefully a view of the police power as
such, and as suggesting that doctrine derived from Zhe Federal-
zst, that the power of Congress is exclusive in cases which admit of
only a uniform rule applicable to the entire country, which became
that of the court by the decision in the case of * Cooley vs. Board
of Port Wardens, decided three years later, and which by the case

17 How., 473. 212 How., 299.

398 HASTINGS—POLICE POWER OF THE STATE. [June 19

of 1 Leisy vs. Hardin, decided in 1890, was converted into the form °
that the power of Congress is exclusive except in cases that do not
admit of a uniform rule applicable to the entire country. Justice
Woodbury defends the laws as police measures :

2««A police measure, in common parlance, often relates to something
connected with the public morals, and in that limited view would still
embrace the subject of pauperism as this court has held in 76 Peters,
625. But in law the word police is much broader and includes all legis-
lation for the internal policy of the state (¢ Black, chap. xiii). The
police of the ocean belongs to Congress and the admiralty powers of
the general government, but not the police of the land or of harbors.”

And he proceeds to argue it is only in form a tax, and is merely
to obtain the expenses of policing the vessels and persons who are
required to pay it.

The bearing of these cases upon the slave controversy fully
appeared in this opinion on page 526:

‘Tt having been then, both in Europe and America, a matter of muni-
cipal regulation whether aliens shall or shall not reside in any particu-
lar state or even across its borders, it follows that if a sovereign state
pleases it may, as a matter of clear right, exclude them entirely, or
only when paupers or convicts, or only when slaves, or what is still
more common in America, in free states as well as slave states, exclude
colored immigrants though free. As further proof and illustration that
this power exists in the states and has never been parted with, it was
early exercised in Virginia as to other than paupers, and it is now exer-
cised in one form or another in more than half of the states of the
Union.”

He concludes that the matter under consideration

$“is not one of those incidents to our foreign commerce which, like
duties on imports or taxes or tonnage, require a universal, uniform rule
to be applied by the general government. A uniform rule by Congress
not being needed on this particular point nor being just is a strong
proof that it was not intended Congress should exercise power over it.”

‘The silence of Congress, which some seem to regard as more for-
midable than its action, is whether in full or in part to be respected and
obeyed only where its power is exclusive and the states are deprived of
all authority over the matter.” . . . . “In other cases, when the power
of Congress is not excluded and that of the states is concurrent, the
silence of Congress to legislate on any mere local or subordinate matter

1735 U. S., 100. 27 How., 523. 3 Page 546.

‘

1900.] HASTINGS—POLICE POWER OF THE STATE. 399

within the limits of the state, though connected in some respects with
foreign commerce, is rather an invitation for the states to legislate upon
it than a circumstance nullifying, destroying every useful and ameliora-
ting provision made by them. Such, in my view, is the true rule in re-
spect to commercial grant of power over matters not yet regulated by
Congress and which are obviously local. In the case of Wilson vs.
Blackbird Creek Marsh Company, Chief Justice Marshall not only
treated this as a true rule generally, but held it applicable to the grant
to Congress of the power to regulate commerce.”’

The police power was clearly getting at least an extensive dis-
cussion in the Supreme Court. Chief Justice Taney still refers to
‘¢ what is called the police power’’ in New York vs. Miln, but the
term had by this time almost entirely superseded the old circumlo-
cutions. Whenever an attempt is made to analyze and define it, as
here by McLean, Wayne and Woodbury, and in the License cases
by Taney, it is still, however, invariably found to turn back into
that ' ‘‘ indefinite supremacy ’’ which Madison found involved in
all ideas of government.

Possibly the judges would have done better to have recognized
more fully what he says elsewhere :

*« That among a people consolidated into one nation, this supremacy is -
completely vested in one legislature. Among communities united

for particular purposes it is vested partly in the general and partly in

the municipal legislature.”

It will be observed that Madison is very far from asserting any
difference in nature between the powers exercised by the two legis-
latures. They are in his view simply placed in different bodies by
an arbitrary division. He finds that when thus divided the na-
tional and the local governments each share in this indefinite
supremacy. The writers of Zhe ederalist were concerned only in
showing that the power of the general government must be indefi-
nite and succeeded in doing so. As Hamilton stated it, *‘‘ of the
same nature’’ (with the laws of mathematics)

‘‘are those other maxims in ethics and politics that there cannot be an
effect without a cause; that the means ought to be proportioned to the
end; that every power ought to be commensurate with its object; that
there ought to be no limitation of a power destined to effect a purpose
which is itself incapable of limitation.’

1 Federalist, No. 39, p. 238, Lodge ed.
2 [d., No. 31, p. 180.
3 Jd,, No. 31, p. 180.

400 HASTINGS—POLICE POWER OF THE STATE, [June 19,

A little farther on he says:

1“ A government ought to contain in itself every power requisite to the
full accomplishment of the objects committed to its care, and to the
complete execution of the trusts for which it is responsible, free from
every other control but a regard to the public good and to the sense of
the people. As the duties of superintending the national defense and
of securing the public peace against foreign or domestic violence in-
volve a provision for casualties and dangers to which no possible limits
can be assigned, the power of making that provision ought to know no
other bounds than the exigencies of the nation and the resources of the
community.”

No doubt. But the demands upon the means and powers of
the states in executing their function of providing for the domestic
peace, justice and prosperity are equally indefinite and unlimited
and require a like domestic power with ‘‘no other bounds than
the exigencies of the ‘states’ and the resources of the community.”’
Hamilton recognized this and sought to supply such indefinite
powers from what he considered their true source,’ the national
government. ‘That was the meaning of his scheme for local federal
magistrates and United States justices of the peace.

That method did not commend itself to his fellow-citizens.
They preferred to believe that they had, as was supposed by the
makers of it, and as he had argued at the time of its creation, a
system of divided sovereignty, and that these indefinite powers
were lodged in both state and federal governments. The fashion
came in with the case of Mayor of New York vs. Miln of styling this
“indefinite supremacy ’’ supposed to be lodged in the state the
“‘police power.’’ ‘This was especially true of those who wished
to minimize the influence of the states while asserting it.

The federal government was generally supposed to be one of
enumerated powers, but Marshall, following Hamilton, had be-
stowed upon it—or, if the expression is preferred, had found in it
—with the consent and approval of practically all his fellow-
citizens, the additional power of self-preservation. This turns out
to be nothing less than Madison’s ‘‘ indefinite supremacy.’’ To
maintain itself it must override whatever opposed it, and the states
and their authorities if they should do so.

The practical discovery of this was naturally in applying the

1 Federalist, No. 31, p. 182.
? Hamilton’s works, Vol. viii, 518; Sumner’s Hamzlton, p. 230.

1900.] HASTINGS—POLICE POWER OF THE STATE. 401

commerce clause of the federal constitution. The attempt to
regulate foreign commerce, and the following for that purpose of
imported articles within the boundaries of the states, inevitably
brought the federal government in contact with state government
endeavoring to do the same thing in the exercise of their local
power.

It seems clear enough that the ‘‘commerce power,’’ as Justice
Woodbury calls it, the ‘‘commercial power,’’ as Justice McLean
termed it and as it has often since been denominated in the
Supreme Court, and this police power of the state are not distin-
guishable in their nature. It can hardly be a mysterious something
in the federal government, called commercial power, which con-
trols and regulates the sale and handling of an article that has
come from Paris into an interior town of one of the states, and
another equally mysterious something of a different and wholly
distinguishable nature, called the police power of a state, which
controls a like sale of a wholly similar article by the same indi-
viduals in the same place and to the same person when it happens
to come from the next town, instead of from France. Is the diffi-
culty of adjusting the exercise by two sovereignties of their powers
in such juxtaposition likely to be increased or diminished by earn-
estly declaring that they are totally distinct in their nature and, if
properly conceived, cannot come in conflict? The famous conun-
drum as to the number of legs the sheep has if you call the tail a
leg may be inverted. It is just as difficult to make a tail out of a
leg by calling it such as it is to reverse the process. There must,
too, in the nature of things, be constant openings for conflict in
the fact that the power of the general government is over the im-
ported property as an article of commerce and the sovereignty of
the state, with its duty to guard the public safety, health, morals
and welfare, extends, in any possible view, to all the other things
and persons that surround and deal with such imported articles.
Commerce and trade arise only by reason of local things and per-
sons assuming direct relations with such imported articles. The
state in acting upon such local things and persons while they are
in such commercial relations with imports must affect, and may
prevent, such commerce. How, then, can such commerce be ex-
clusively regulated by Congress? What is there which can be
governed and controlled by two forces at once both independent
and exclusive of each other.

402 HASTINGS—POLICE POWER OF THE STATE. [June19,

So the state comes to have the right and, when an emergency
arises, to be under the duty to take action that affects foreign and
interstate commerce; and, on the other hand, regulations of
foreign and interstate commerce which pass inside of state boun-
daries must always affect persons and things that are supposed to be
under state control, and alter the rights of the states with respect
to them.

In both the License cases and in the Passenger cases, only Chief
Justice Taney and Justice Woodbury seem to have recognized that
the two powers must, to a certain extent, interlace and cover the
same field ; that the only way to harmonize them is to find them,
to a certain degree, concurrent, and leave that of Congress para-
mount. The other judges seem still to imagine that they may be
wholly separated. Such a view seems yet to prevail.

The passage in Cooley’s Constitutional Limitations discussing the

possibility of conflict with national authority growing out of the
plenary police power of the state seems to countenance such a
view:
1** Any accurate statement of the theory upon which the police power
rests will render it apparent that a proper exercise of it by the state can-
not come in conflict with the provisions of the constitution of the
United States. If the power extend only to a just regulation of rights
with a view to the due protection and enjoyment of all, and does not
deprive any of that which is justly and properly his own, it is obvious
that its possession by the state and its exercise for the regulation of the
property and actions of its citizens cannot well constitute an invasion
of national jurisdiction, or afford a basis for an appeal to the protection
of the national authorities.”

This passage has remained practically unchanged in all the editions
of Judge Cooley’s work since its first publication in 1868.

If this means, as on its face it seems to, that the police power of
the states, rightly conceived, is the same under the federal consti-
tution that it would be without that constitution, and so no conflict
is possible except under a misconception of the one or the other,
then lawyers and judges, not excepting Judge Cooley, who have
appealed so often to that instrument to avoid attempts to exercise
that power, against which they could cite nothing but the constitu-
tion, have been strangely blind to the true theory.

If we are to ? ‘‘ follow the real truth of things rather than an

1 Cooley’s Con. Lim., 5th ed., p. 708; Ist-ed., 1868, p. 574.
2 Machiavelli, Le Prince, Fr. Tr., chap. xv.

1900.] HASTINGS—POLICE POWER OF THE STATE. 408
imaginary view of them,’’ it would seem to be safer, with Chief
Justice Taney, to make a qualified admission of ‘‘ what is called
the police power,’’ and to decline to accept zz foto the doctrine of
an exclusive commercial power in Congress and of its essentially
different nature from that of police power. If Judge Cooley only
meant—as he probably would have claimed if pressed—that an
accurate theory of the police power must include the fact that
when it meets the paramount constitution of the United States it
must yield, his expression does not seem a fortunate one. Conflict
is certainly possible in all such meetings, and, in a true sense of the
term, such a meeting of rival claimants is conflict.

’ It seems strange that the ' ‘‘ high-toned federalists of the bench,”’
McLean and Wayne, should reproach the chief justice with a doc-
trine that

1“ degrades the states by making their legislation to the extent stated
subject to the will of congress.”

The essence of the federalist position, as Marshall clearly recog-
nized, is the concurrent and subordinate position of the states and
the paramount power of the federal government.

In 1851 the famous case of 2 Cooley vs. Port Wardens of Phila-
delphia was decided, and the exaction of the pilot dues in the
harbor of that city under laws of Pennsylvania was upheld as a
state regulation of commerce. The police power was not invoked
to sustain it. Justices Wayne and McLean were compelled to dis-
sent from such a recognition of ‘‘ commercial power ’’ in a state.

The next year, 1852, the police power appeared once more in
the federal court in * Moore vs. The People of the State of Illinois.
This time a statute of the state of Illinois provided, under penalty
of fine and imprisonment, that no one should harbor or secrete any
person of color being a slave or servant, or in any way hinder an
owner or master in retaking such. This law, unlike the Pennsyl-
vania statute under consideration in Prigg vs. Pennsylvania, which
made it a crime to forcibly seize a slave in the state of Pennsylvania
without legal process, was held valid and

“not to act on master nor slave, neither on constitutional right nor
remedy, but solely on citizens of I]linois.”’

17 How., 399; Carson, Hist. of Sup. Court, quoting Story, p. 337.
2 12 How., 299. STG LOU! U7:

404 HASTINGS-—POLICE POWER OF THE STATE. [June19,

Justice Wayne, in giving the opinion of the court, continues:

“It is but the exercise of the power which every state is admitted to
possess of defining offenses and punishing offenders. The power to
make municipal regulations for the restraint and punishment of crime,
for the preservation of the health and morals of her citizens and the
public peace, has never been surrendered by the states, nor restrained
by the constitution of the United States.’

‘‘In the exercise of this power, which has been denominated the
police power, a state has a right to make it a penal offense to introduce
paupers, criminals or fugitive slaves within their borders, and punish

those who thwart this policy by harboring, concealing or secreting such
persons.”

That it may help the owner is no objection to such action by the
state:

“If a state in the exercise of its legitimate powers should thus indirectly
benefit the master of a fugitive, no one has a right to complain that it has
thus far, at least, fulfilled a duty assumed or imposed by its compact as
a member of the Union.”

‘That the defendant is thus subject to two punishments, one by the
state and another by the nation, is not a good objection, as he is subject
to two sovereignties and his act is a violation of the laws of each and
therefore constitutes two offenses.”’

Here we have the same act of the same person punished by both
state and nation with a view to vindicate the same right of a master,
and are asked to religiously refrain from finding the powers exer-
cised by the two governments similar or concurrent.

Judge McLean’s dissenting opinion is to the effect that this was
not an exercise of the police power, for the reason that the control
of fugitive slaves is ascribed by the national constitution to Con-
gress and so removed from the domain of police power. He seems
to have found, though he does not name, a fugitive slave power.

How the different members of the federal Supreme Court, or
how Judge Cooley himself, would frame such a ‘true theory’’ of
the nature of police power as would put this case of Moore ws.
Illinois within it and Prigg vs. Pennsylvania without it, and all
with no assistance from express provisions of the constitution, is
hard to conceive. A state law that forbids harboring a slave is a
due exercise of the police power. A state law that forbids a mas-
ter from taking his slave and removing him by force out of the
commonwealth without the exhibition of some legal process is not.

1900.] HASTINGS-—POLICE POWER OF THE STATE, 405

And the distinction is to be sought in the nature of a power exer-
cised in each case. Is this following ‘‘the real nature of things
rather than an imaginary view of them”’ ?

In following thus carefully, and perhaps tediously, these earlier
cases in the court where the police power was first named, and the
conception of it developed and discussed under that appellation, it
was hoped that an exact apprehension might be reached as to just
what was that conception. It is evidently, so far at least, Madi-
son’s ‘‘ residuary sovereignty of the states.” Evidently, too, it is
not usuaily thought of by the court as including familiar forms of
the exercise of such sovereignty, to which definite names had already
attached, such as ‘‘eminent domain,’’ ‘‘ taxation,’’ ‘‘ administra-
tion of justice,’’ etc. When analyzed by the judges, however, it is
recognized to embrace them, or rather as not to be separable from
them.

At the same time we find the phrase constantly used, even by
judges of the Supreme Court of the United States, as if it denoted
something absolutely definite and distinct, and always, if not
easily, distinguishable from any other function of government. As
we have seen, it is talked of by them as if furnishing one of the
criteria between state and federal powers. It is clear, however,
that it was rightly characterized by Marshall himself as a ‘‘ mass
of legislation,’’ and that it is obtained as a residuum after taking
away from the general powers of government, first, such powers as the
convention of 1787 found it necessary to bestow upon the general
government, and, second, such other powers ordinarily regarded as
sovereign as had already acquired distinct recognition.

That such residuum is, and must remain, an indefinite ‘‘ mass ”’
seems clear if it is a remainder after carving away a part of sover-
eignty, and the latter is

1 ‘an indefinite supremacy over all persons and things, so far as they
are objects of lawful government,”
as Madison thought and Hamilton proved.

Political sovereignty must be made equal to the exigencies of the
state. These are indefinite, unknown and unpredictable. To
make anything adjustable to an unknown variant is certainly to
make it indefinite. This is not to say that it has nolimits. It may
easily have, in some direction, a barrier which it cannot overleap.

1 Federalist, No. 39, Lodge ed., p, 238.

406 HASTINGS—POLICE POWER OF THE STATE, [June 18,

It is to say, however, that in some directions its limits cannot be

fixed. So much the authors of Zhe Federalist seem to have been
safe in saying.’

1 Nore TO CHAPTER III.—Since writing this chapter the author’s attention
has been directed to Zheortes Modernes sur les Origines de la Famille, de
la Société et de ? Etat, by Prof. Pasada, being No, 4 of the “ Bibliothéque
Sociologique Internationale,” and his finding this indefinite power precisely the
distinguishing mark of a “state” as compared with other associations of man-
kind. See work cited, pp. 100-105 and Appendix,

1900.] HASTINGS—POLICE POWER OF THE STATE 407

CHAPTER. LV;
THE PoLicE PoweER IN THE STATE CourTs.

The police power has so far in these pages been followed through
twenty-five years in the court where the name originated. The
conservativeness of legal phraseology is illustrated by the manner
in which it passed into other fora. In them, even more than in
the court where it originated, it was to help to realize Hamilton’s
anticipations as to the * voluminousness of law under our institu-
tions. Few prophecies, indeed, have been so abundantly fulfilled
as this one of Hamilton’s.

The eleven state constitutions adopted during the revolution,
commencing with that of New Hampshire in 1776, and including
that of Massachusetts, drawn mainly by John Adams and adopted in
1780, all contained bills of rights and without an exception sought
to provide a judiciary as a codrdinate branch of the government.
Whether or not Holmes vs. Walton, decided in New Jersey in
1780, was the first judicial determination that judges might treat as
void legislation not in harmony with the state constitution, at all
events before the formation of the federal government it was cur-
rently admitted that such was the case. The existence of such a
practice and its necessity in all limited constitutions are appealed
to by * Hamilton in urging the adoption of the federal constitution.
It was common enough already to excite no surprise when such a
power was claimed for the federal judiciary.

That there were limitations on the power of a state legislature
from the side of the individual citizens was as true as that limits
were sought to be set up on the side of the federal government.
The right, however, of the state courts to say when the legislature
stepped outside its limitation was not established without a
struggle. None of the state constitutions in express terms gave
any such power. Indeed, the language used in *some of them

1 Federalist, No. 78, Lodge ed., p. 490.
2 Td., No. 78, p. 485.
3 Const. Mass., Part 1, Art. 20. Const. NV. H., Part 1, Art. 29.

PROC. AMER. PHILOS. SOC. XXXIX. 163, AA. PRINTED SEPT. 26, 1900

408 HASTINGS—POLICE POWER OF THE STATE. [June 19,

seems almost a prohibition’on its exercise by the court. Nearly all
of them provided that legislative, executive and judicial powers be
kept distinct, and so late as 1825 the powerful dissenting ‘opinion
of Justice Gibson in Eakin vs. Raub expresses his ‘‘ deliberate con-
viction’’ that the intention of the state constitutions was not to
give the judges any such functions and that it was intended that the
people themselves in their frequent elections should be the guard-
ians of their own constitutions against both executive and legisla-
ture. To be sure, in so doing he sanctions Paley’s conception that
the judiciary is a branch of the executive as against Montesquieu’s
idea of the necessity of its complete independence.

The doctrine of Judge Gibson probably rests on the basis of
facts. It is difficult to read the constitutions of those early years
without concluding that such a power in courts was not contem-
plated by their framers, and that it grew up as an after-thought and
a necessity. The people were accustomed to having all laws inter-
preted by the courts. They saw no reason why the supreme law
should not be so interpreted, when interpretation was needed.
Without much regard to their own declarations that the complete
separation of legislative, executive and judiciary were essential to
free government, they had ratified the action of their courts in as-
suming such jurisdiction even before the federal constitution was
formed.

When that constitution was made to embrace the provision that
it and all laws and treaties made in pursuance of it should be the
supreme law of the land, and that the judicial power of its courts
should extend to all cases arising under it, they understood that
they were submitting to the Federal Supreme Court the validity and
conformity to the federal constitution of legislation of the states.
Judge Gibson admits this, though his argument would seem to pre-
vent such a holding as to an act of Congress. The famous case
of ?Marbury vs. Madison had held, however, that Congress could
not pass an unconstitutional act and make it binding on the Su-
preme Court. Chief Justice Marshall’s reasoning is equally appli-
cable to the case of a state Supreme Court dealing with an act of
its legislature. It is a perfect example of his mingling of dialectics
and common sense and has never been shaken. Even Judge Gib-
son, twenty years after Eakin vs. Raub, declared he had changed
his mind ‘‘ from the necessity of the case.’’

172 3S. (GK, 330. 2 1 Cranch, 137 (1803).

1900.] HASTINGS—POLICE POWER OF THE STATE. 409

That the federal government, looked upon with such different
‘feelings and intentions as it was by Federalists and by their oppo-
nents, and expressly authorized as it was to find the state laws un-
constitutional, would develop a counter theory of power in the
state was a foregone conclusion, especially with the construction
and application of the federal constitution in the hands of Judge
Marshall. The growth of a line of decisions as to state legislative
powers was to be expected first here.

It was also certain that the development of the limitations upon
state power from the other side, by insistence on the principles of
the bills of rights, would take place. The latter might be expected
to come more slowly, as it did. ‘Toward the middle of the cen-
tury it began to be suggested that the development of these limita-
tions from both sides was going to leave to the states only an
‘‘empty shell of legislative power.’’ We have ‘seen how in decid-
ing the Dartmouth College case Chief Justice Marshall kept in mind
the avoidance of
‘‘unprofitable and vexatious interference with the internal concerns of
a state’’ and ‘‘those civil institutions which are established for pur-
poses of internal government, and which to subserve those purposes
ought to vary with varying circumstances.”’

His successor in dealing with the case of Charles River Bridge
vs. Warren Bridge, in holding that no exclusive franchise would be
conferred except by express terms, expressed the determination not
to take from the States

“any portion of that power over their own internal police and improve-
ment which is so necessary to their well-being and prosperity.”

In the courts generally there was little disposition to cut down too
closely the powers of government.

It is not strange that the application of the bills of rights as a
test of the validity of state legislation was somewhat slow. ‘There
was against it all the immense weight of legal precedent. In con-
sidering the effect which any particular institution or constitutional
provision has produced in this country, it is necessary to take into
consideration the solid background of English common law, or
what was accepted for it and reverenced accordingly.

At the beginning of this consideration of the police power what
was deemed an oversight on the part of Sir Henry Maine in not

1 Supra, p. 627.

410 HASTINGS—POLICE POWER OF THE STATE. [June 19,

recognizing the paramount importance of the states in the Ameri-
can political situation of 1787 was indicated. His entire accuracy
in describing the colonists as Englishmen isolated by the Atlantic
and penetrated through and through with English institutions and
English habits of thought, especially in matters of government and
authority, must be conceded. Indeed, the common law of Eng-
land plus the state organizations may be fairly stated to have been
the political stock in trade of North America in 1787.

It was natural that they should idealize that common law.
Blackstone had recently set forth its main outlines in those Com-
mentartes which still remain the only authoritative legal treatise in
our language which is also literature. His work was more popular
and more read in America than in England, and is said to have
found actually more purchasers before 1800 on this side of the
Atlantic than on the other.

The terms in which the common law is referred to by judges and
publicists of those days indicate that they regarded it as furnishing
a practically complete system of civil and criminal justice. The
author of the sixty-second paper of Zhe Federalist, *whether Madt-
son or Hamilton, seems to have dreaded innovations rather than
hoped for improvements by legislation.

It needs no pointing out that this system had grown up with no
conception of express constitutional limitations on the legislature.
The older cases in all the state courts are based upon English pre-
cedents. These precedents never suggest any question of lack of
power in the legislature, and when legislative power began to be
questioned it was questioned by way of a claim that the legislature
was invading rights which had been respected at least, if not
established, by common law decisions and which were claimed to be
under the protection of the constitutions. ‘The newly introduced
doctrines of restraint upon the legislature sought to shelter them-
selves behind the venerable robe of the common law. ‘The spell
that requires every crusade in Anglo-Saxon countries to be in-
augurated under the guise of a vindication of ancient rights was
over them also. An examination of the earlier cases commonly cited
in discussions of this subject will show—like *Soper vs. Harvard Col-
lege in Massachusetts in 1822, holding that an act forbidding livery-
stable keepers to give credit to undergraduates of Harvard was a

1 Federalist, No. 62, Lodge ed., p. 387.
DISA apr

1900.] HASTINGS—POLICE POWER OF THE STATE. 411

valid police regulation, or the still earlier and more noticeable ‘Re-
publica vs. Duquet in Pennsylvania in 1799, upholding the right of
the city of Philadelphia to forbid wooden buildings in. certain dis-
tricts under a charter authorizing it to regulate its own police—all
to be determined upon mere English precedent. It had been wont
to be so, therefore it should continue to be so was the ruling. Of
course there was some discussion of public policy and of the rela-
tion of the laws in question to the constitutions.

The same thing is true of the discussion of the Massachusetts
license provisions, as in ?Nightingale’s case in 1831, holding a con-
viction good against him for selling without license, such as was re-
quired by the Boston civil authorities, produce not grown by him-
self. It is also true of the numerous cases in that state and else-
where following this one, just as it was true of * Van Dine’s case in
1828 in the same state, where a law prohibiting unlicensed persons
carrying offal through the streets was held valid upon English pre-
cedents. So far as Massachusetts is concerned, it seems clear that
the results in these cases are simply a victory of solid English pre-
cedents over the theories embodied in her constitution.

Her commanding position among the Northern states assured a
general prevalence of such practical results among them.

In New York the same influence prevails. In 1827 the case of
‘Vanderbilt vs. Adams held that lawful possession of a wharf was
no defense to an action for a penalty incurred by refusing to comply
with an order of a harbor-master, made in pursuance of his author-
ity from the city, that room be made at the wharf for an incoming
steamer. ‘The ownership of the wharf was not allowed to interfere
with that control of the harbor which was necessary in order to
maintain the standing of the port, and the combined weight of pre-
cedent, usage and public interest were held to outweigh the theoreti-
cal rights of property supposed by many to be declared in the state
constitution.

In *Stuyvesant vs. Mayor in the same year the plea of ownership
and of a hundred years’ usage of Trinity Churchyard as a burial-
place was not sufficient to avoid a conviction for interring a body
there contrary toan ordinance of the city. Eloquence and learning
appealed in vain to the new constitutional doctrines to aid vested

12 Yates, 493. SIGE Pecee Lon:

2 11 Pick., 168, 47 Cow., 349.
5 Td., 588.

412 HASTINGS—POLICE POWER OF THE STATE. [June 19,

rights and the sacredness of contracts against English rulings and

the manifest needs of public policy. The latter urged the sustain-—
ing of the ordinance, and sustained it was. Something more than a

paper constitution is needed to turn aside an established course of
public action and lead officers to surrender power whose use has be-

come habitual and is supported by public sentiment around them.

The power to so order the use of property that it should not prove

pernicious to the citizens generally was so plainly necessary that no

general provision of a bill of rights could take it away.

So in 1831, when in ‘Beatty vs. Perkins an attack was made on
search warrants through the means of an action of trespass against
the one who procured it, English precedents were wholly followed
by the court in rejecting the new action. 7*Before this, in 1826, in
the case of Brick Presbyterian Church vs. Mayor of New York, an
express agreement by-the city authorities of New York that the
premises conveyed by them to the complaining church should be
used as a cemetery was appealed to in vain, and the clause of the
federal constitution against impairing the obligation of contracts
held of no avail to bind the corporate powers of the city,

‘which had been given her to use and not to sell or convey away.”

The inhabited part of the city had, when the site of the ceme-
tery was by the city conveyed to the church for the purpose, not
extended so far, and the location had been sufficiently removed.
With advancing population its continued use for that purpose en-
dangered the health of the surrounding people, and an ordinance
forbidding its further employment for the purpose for which it was
granted was sustained.

In *Buffalo vs. Webster, in 1833, an ordinance of the city requir-
ing all hucksters to take out license was upheld and enforced against
one not an inhabitant, and in ‘Mayor vs. Lord, in 1837, it was de-
termined that the city of New York was liable for property destroyed
in order to stop a conflagration only to the extent provided in the
statute of the state, and that the constitutional provision as to com-
pensation. did not extend to property taken in such an emergency.

So in 1836, in®Van Worman vs. Mayor, the pulling down of
barns and sheds summarily as nuisances and without trial by the

16 Wend., 382. 3 10 Wend., 99.

25 Cow., 538. 418 Tae w20.
5 75 Ld., 262.

1900.] HASTINGS—POLICE POWER OF THE STATE. 4138

city authorities in guarding against pestilence, was sustained as
within the power granted by the legislature and as being competent
for the legislature to grant. And in the same year, in ‘Meeker vs.
Van Rensselaer, it was held that where the character of a build-
ing as being a nuisance clearly appeared, and it was plain that no
remedy short of its demolition would renovate, no action would lie
against a citizen for destroying it, much less against an alderman,
and that no special authority for its destruction need be proved.

Whenever the legislative power was extended to new objects,
where it had not in its favor the aid of long prescriptive use, more
difficulty was experienced. So in ?People vs. Jenkins, in 1841, a
statute forbidding the running of steamers on the Hudson river at
a greater rate of speed than fourteen miles an hour was strenuously
assailed, but the manifest public need proved a sufficient vindica-
tion of public authority in this matter.

In Louisiana, however, as early as 1832, an ‘ordinance of the city
of New Orleans providing for the summary sale of articles left on
the levee without notice to the owner was held unreasonable as not
being necessary for the maintenance of good order on the levee, and
so an unwarrantable invasion of property rights and forbidden by
the constitution. In New York, on the other hand, in the same
year of 1832, the right of the city authorities of Albany* to destroy
summarily a floating ‘‘ark’’ built opposite to certain piers in
‘‘ The Basin” at that city which might inconvenience canal traffic
was upheld almost wholly on grounds of necessity and English pre-
cedents. Constitutional arguments are merely touched upon by
either court or counsel, and the case is a striking example of the
force of common law precedent as against constitutional doctrine.

Indeed, the noticeable thing in all these earlier cases and the vast
number of others from various parts of the country that might be
cited is the comparatively slight hold that constitutional doctrines
limiting the powers of legislatures have in this line of cases. It is
true that they are, for the most part, merely additional examples of
powers long habitually exercised ; and the attitude taken toward
the constitutional provisions is generally that when they were
adopted these uses of power were common and are to be presumed
to have been known, and if they are not interfered with in express

1 Wend., 397. 3 Laufear vs. Mayor, 4 La., 97.
27 Hill, 469. 4 Hart vs. Albany, 9 Wend., 571.

414 HASTINGS—POLICE POWER OF THE STATE. [June 19,

terms it is also to be presumed that mere general provisions as to
personal or property rights were not intended to affect them.

In all these earlier cases the legislative authority is, as before sug-
gested, rarely attacked. The question debated and passed upon is
more frequently the extent to which that authority has been, or is
intended to be, exercised in the given case. And it is further to
_be observed that none of them use the term “ police power.”’
They talk about ‘‘ Power to make police regulations,’’ ‘‘ Control
of matters of internal police’’ and use the phrases we found in the
federal cases before that of the City of New York vs. Miln. The
first state case found in a somewhat extended examination to use
the term ‘‘ police power’’ in the court’s opinion is ‘Jones vs.
The People, in Illinois in 1852 by Judge Trumbull.

He holds that the passage of a prohibitory law to prevent all sale
of ardent spirits except for medical, mechanical and sacramental
purposes is ‘‘ a proper exercise of the police power ” and cites the
License cases, 5¢ Howard. The phrase police power occurs in
briefs and arguments of cases in the state courts a few times prior
to that, notably in those of Massachusetts and Michigan.

Judge Trumbull transfers it evidently with precisely the meaning
broadly attached to it in the federal cases, as by Justice Barbour in
New York zs. Miln, and by all the others who used it in the License
and the Passenger cases—the sense in which Judge Wayne declares
it was always used in the argument in the latter cases. This is its
‘national’’ as opposed to its ‘‘local’’ sense, the sense in which
Judge Marshall first employed it. For Judge Trumbull, as for the
judges from whom he took it, it means the remaining powers of the
state after giving to the general government its authority and set-
ting aside such ordinary powers as by constant use have required a
separate identity and a definite name, as ‘‘ taxation,’’ ‘‘ eminent do-
main,’’ ‘‘ administration of justice,” etc.

That it was by him or by any judge up to the time now reached,
1852, confined to cases of overwhelming necessity, such as had
been in England held to relieve officers from accountability for
damages to individuals for which otherwise they would be liable, is
clearly not true. Overwhelming necessity might conceivably call
for the forbidding of sales of spirituous liquors or even for their
destruction, as was held in the case of “Jones vs. Richmond in a

117710. 196, 218 Gratt., 517.

1900.] HASTINGS—POLICE POWER OF THE STATE. 415

suit brought for the value of liquors destroyed by city authorities,
April 3, 1865, in anticipation of the entry into the city of the
northern army. But the adoption of a policy of prohibition can
hardly be upheld by ‘‘ overwhelming necessity ’’ or the ‘‘ right of
self-preservation, inherent in every organized community.’’ Al-
though there may be no doubt ‘‘ that some have died of drinking,”’
we are not informed of nations being in sudden and imminent
peril from such cause.

** Salus popult, Suprema lex esto’’ will hardly do for a sufficient
foundation for this branch of constitutional law. And the other
motto which has been thought to lie at the foundation of this
power, ‘* Sic utere tuo ut alienum non ledas,’’ has to be strained
a good deal to make it apply here as in many other cases of police
action. The object in this instance, as in many others, is much
more to prevent the citizen from using his property to his own
harm than from employing it to the injury of anyone else. The
fact that such is the real purpose is often urged as an objection to
such legislation, but not as a reason as excluding it from being
classed under the police power.

That the police power includes the field embraced under both of
the maxims is no doubt true. If the term includes all the unclassi-
fied powers of the state, this will be among them. That it includes
much more is equally certain. The example just given is sufficient
to show that. The general power used in the leading case of }Van-
derbilt vs. Adams shows it still more clearly. ‘There was no
pressing danger in that case either to public or private interests.
There was no application of the maxim ‘‘ Sze utere tuo ut alienum
non ledas’’ except by a manifest stretching of it.

The owner of the wharf was not using it to any one’s injury.
He merely refused, when ordered by proper authority, that of the
harbor-master, to change the position of his own vessel to accom-
modate one coming in. No special damage was shown to have
occurred to anyone, but the penalty for refusal was assessed and
collected. The case has never been questioned since, and is not
likely to be. The necessity for order and authority in New
York harbor imposes upon those who use it not only a liability to
have their property seized and applied to answer some urgent and
unprovided-for need of defense against man or the elements, not
only that he shall so use his property as to inflict no needless

17 Cow., 349.

416 HASTINGS—POLICE POWER OF THE STATE. [June 19,

injury on another, but also that he shall actively comply with
proper requirements of the civil authorities in many things, in this
case in adjusting and placing his ship to accommodate himself to
the other arrangements of the harbor-master.

To say that this power in this instance is necessary is not to
characterize it at all. It is necessary, indeed, to the public welfare,
in the sense that such welfare would not be as well conserved with-
out it as with it, but in no other. To say of any power now
exercised by government that it, also, is not necessary, in that
same sense, is to strip that power away as soon as such comes to be
the general opinion.

To say that this general authority over persons and property is
given merely to prevent them from hurting one another and justify
its extension only that far, is to give a ridiculously inadequate
interpretation to all the facts of our daily lives and the relations of
government to them. Is the only dealing of government with us
and our possessions merely to prevent harm to others? Is it all
the duty of a citizen to permit without resistance his possessions
to be used for the general defense in a public emergency, and to
himself abstain from so using such possessions as to injure anyone ?
A man might, conceivably, be guilty of high treason who had
failed in neither.

The suggestion of the 'German speculators seems to be that the
term police should be confined to protective action and legislation.
This is, after all, only a difference in form. However it may be in
Germany, a little experience with American lawyers and lawgivers
will convince one that there is no difficulty in putting a require-
ment that any particular thing be done for the public good into
the form of an elaborate protection against the evils arising from
not having it done. Asa practical line of division, Stein’s sug-
gestion of a danger to be avoided, as furnishing the true occasion
for police action, would hardly help much. In this country, those
who are called upon to defend our common school system, which
has so extensively taken children out of parental control, if not
allowed to do so on the ground of providing for the general wel-
fare by extending education, have no difficulty in adjusting them-
selves to the situation by putting it on the basis of guarding against
the evils of an uninstructed electorate.

1 Stein’s Handbuch der Verwaltungs Lehre, s. 113 and 186-187; Bluntschli’s
Lehre vom Modernen Staat, Vol. ii, s. 293.

1900.] HASTINGS—POLICE POWER OF THE STATE. 417

For the ease of passing from negative to affirmative requirements
see a recent judicial instance in ’Geer vs. Connecticut, in opinion
by Justice White.

1761 UV. S., 519.

418 HASTINGS—POLICE POWER OF THE STATE, [June 19,

CHAPTER V.
POLICE POWER AND PROPERTY AND CORPORATE RIGHTS.

We have seen the right of the state courts to pass upon the con-
stitutionality of laws established, and we have seen those courts
passing upon that question with regard to what they called police
regulations. We have seen those decisions supported by English
precedents referring back to the old doctrine of overruling neces-
sity, and also tothe maxim of Se utere tuo ut alienum non ledas.
That these furnish too narrow a basis for the successful support of
legislative authority, when crowded against on the one side by fed-
eral restrictions and upon the other by the pressing forward of provi-
sions embodied in state constitutions in defense of personal and
property rights, was sought to be shown in the last chapter.

That there must be left to the legislatures of the states a wider
latitude of providing for the general welfare, and that as against a
too urgent claim of individual rights an appeal would be made to
a police power resting upon that principle, just as such power had
been developed to support the states against pressure from the side
of the federal gevernment, might have been anticipated and was
what took place.

The pressing of individualism against prohibitory liquor laws
brought the police power under that name into the Illinois Supreme
Court in 1852, as has been seen. The case, however, that seems
to have really begun the vogue in the state courts of this phrase
was ! Commonwealth vs. Alger and the opinion of Chief Justice
Shaw of Massachusetts in that case in 1853. ‘This case furnishes a
starting point for citations directly relating to the police power in
most of the constitutional discussions that embrace the subject. It
deserves the position both on its own account and that of the Mas-
sachusetts magistrate who wrote the opinion, of whom Choate said
that he was always approached with the feeling which a pagan
has for his idol—that he was very ugly, but very great.

The question raised was whether the owner in fee of real estate

147 Cush., 53.

1900.] HASTINGS—POLICE POWER OF THE STATE. 419

could have his use of it controlled by the state in the interests of
the general public. The defendant in the case had been indicted
and found guilty of violating certain laws of that commonwealth
which forbade the erection of any wharf or the placing of any
material for one in certain parts of Boston harbor.

He had in defiance of law built a wharf on the flats before his
land, less than a hundred rods from the shore line and so as
not to impede navigation, but within the harbor lines where such
structures were forbidden. The ancient charters of the common-
wealth of Massachusetts gave to such a proprietor along the shore
the ownership of the soil to low-water mark :

‘“Where the sea doth not ebb above a hundred rods, and not more
wheresoever it ebbs further; provided, that such proprietor shall not
by this liberty have power to stop or hinder the passage of boats or
other vessels in or through any sea, creeks or coves to other men’s
houses or lands.”

The ancient charter granting the right to the proprietor long
antedated the statute fixing the lines within which it was not per-
mitted to erect or maintain a wharf. There was no question that
when the law fixing the harbor, lines was enacted the proprietor
had an estate in fee simplein the land covered at high tide to the
extent of one hundred rods out from high-water mark, and subject
only to a limited right of way to ships and vessels, and that such
right of way was not impaired by Alger’s wharf. Could the legis-
lature invade this right with its harbor lines and prescribe how it
should be used and enjoyed ?

Chief Justice Shaw says yes:

“We think it is a settled principle, growing out of the nature of well-
ordered civil society, that every holder of property, however absolute and
unqualified his title, holds it under an implied liability that his use of it
may be so regulated that it shall not be injurious to the equal enjoyment
of others having an equal right to the enjoyment of their property, nor inju-
rious to the rights of the community. All property in this commonwealth,
as well that in the interior as that bordering on tidewaters, is derived di-
rectly or indirectly from the government, and held subject to those gen-
eral regulations which are necessary to the common good and general
welfare.”

‘Rights of property, like all other social and conventional rights,
are subject to such reasonable limitations in their enjoyment as shall
prevent them from being injurious, and to such reasonable restraints and

490 HASTINGS—POLICE POWER OF THE STATE. [June 19,

regulations, established by law, as the legislature, under the government
and controlling power vested in them by the constitution, may think
necessary and expedient.”

He proceeds to say that he is not referring to the right of eminent
domain :

“The power we allude to is rather the police power, the power vested
in the legislature to make, ordain and establish all manner of whole-
some and reasonable laws, statutes and ordinances, either with penalties
or without, not repugnant to the constitution, as they shall judge to be
for the good and welfare of the commonwealth and of the subjects of
the same.”

It is to be remembered that the chief justice is applying to legis-
lative action that Massachusetts constitution mainly prepared by
John Adams and thought by him to represent ‘‘ Locke, Sidney,
Rousseau and De Mably, all combined and reduced to practice.’’?

That constitution declared in the plainest terms the sacredness
of ? property rights, as against both citizen and state. The declar-
ation of rights came first in that constitution, and closes appropri-
ately with an attempt at providing a complete separation of the
three powers of government—legislative, executive and judicial—
to the ‘‘end it may be a government of laws and not of men.’’®
It was fitting that its declaration of rights should conclude with this
sentiment of Harrington’s. That constitution when originally
adopted contained property qualifications for the exercising the right
of suffrage. According to Harrington’s well-known theory, which
Webster was accused of holding, property was the true basis and
the upholding of it the chief end of government.

It was also fitting, and indeed certain, that just where the con-
stitutional protection of property was most strenuously declared, it
would first come distinctly into collision with the assertion of gov-
ernmental ‘‘indefinite supremacy.’’ Judge Shaw had in 1846, in
the case of the *Commonwealth vs. Tewksbury, applied the maxim
“« Sic utere tuo ut alienum non ledas,’’ and had held that a statute
prohibiting the removal of stones, gravel or sand from the beaches
in the town of Chelsea was valid. In doing so he made extensive
use of English precedents. He made no use of the term police power
in his opinion in that case, though it seems to have been referred

14 Adams’ Works, 216. 31 Poore’s Charters, 949.
2 Declaration of Rights, Sec. Io. 477 Met.,55.

1900. ] HASTINGS—POLICE POWER OF THE STATE. 4.1

to in the argument. In Commonwealth vs. Alger he now holds
that besides the obligation to refrain from injuring others there
is an obligation to obey authority gwva authority, even if it
affects injuriously the use and control of property by the owner.
His declaration that all property is held subject to such reasonable
regulations as the legislature, in providing for the general welfare,
may enact is given above.

Later on, in the same opinion, instancing a powder magazine or
a slaughter-house, he asks who will fix the degree of proximity that
shall make it a nuisance:

“Every one might agree that two hundred feet would be too near,
and two thousand feet would not be, and within this margin who shall
say, who can know, what distance shall be too near or otherwise? An
authoritated rule, carrying with it the character of certainty and precision,
is needed. The tradesman needs to know before incurring expense how
near he may build his works without violating the law or committing a
nuisance. Builders of houses need to know to what distance they must
keep from the obnoxious works already erected in order to be sure of
the protection of the law for their habitation. This requisite certainty
and precision can be obtained only by a positive enactment fixing the
distance within which the use shall be prohibited as obnoxious and be-
yond which it will be allowed, and enforcing the rule thus fixed by
penalties.”

The chief justice continues his argument as to the frequent
necessity of a fixed boundary, and finally applies it to the
harbor, in which he finds that evidently there must be a place
where further extension of wharves cannot be tolerated by the pub-
lic interest. That being so, some one must fix a line, and the
proper method is for the legislature to make a law on the subject :

“It is for them, under a high sense of duty to the public and indi-
viduals, with a sacred regard to the right of property and to all other
private rights, to make such reasonable regulations as they may judge
necessary to protect public and private rights, and to impose no larger
restraints upon the use and enjoyment of private property than are
in their judgment strictly necessary to protect and preserve the rights
of others.”

Evidently he includes among such rights of others a provision for
the public welfare by compelling the observance of regulations assuch.
The chief justice finds involved in this case a common-law right
to free and safe navigation which, he says, all the shore-line proprie-

429, HASTINGS—POLICE POWER OF THE STATE. [June 19,

tors are subject to. He finds a public need for a fixed boundary
for the extension of such right, and that one had been established
by harbor lines outside of which no private wharf might extend.
He finds that Alger’s wharf, by an extension built after the law was
enacted, passed this line, and that he, therefore, incurred the pen-
alty provided, although there was no interference with the actual
use of the public right of way, nothing beyond simply getting
outside the line and so violating the law.

The decision is, therefore, an emphatic vindication of public
authority as authority, and against rights of property asserted un-
der the Massachusetts constitution. ‘The commanding reputation
of Chief Justice Shaw, as well as that of the court over which he
presided, with the thoroughness of his discussion of the principles
involved, the clearness with which he perceived what it was that
he was adding to the English precedents on the same subject, have
made this, perhaps, the most distinctly leading case in all the dis-
cussions of the relation of the police power to the state constitu-
tions. It comes first under that heading in Prof. Thayer’s Cases on
Constitutional Law. It is the one quoted from by Judge Cooley
for his definition in the chapter on this subject in his Constitu-
tional Limitations. It figures on page 1 of Prentice’s Police Pow-
ers. That the common law precedents relating to exercise of
power by executive officials and subordinate municipal bodies must
inevitably have their doctrines widened when applied to the sov-
ereign legislature was a foregone conclusion. That Chief Justice
Shaw was there to do it, and do it in old Massachusetts, may be
fairly termed another example of what Bancroft considered the
care of Providence for the Great Republic. It furnished a dis-
tinct foundation for the general doctrine, previously to that time
somewhat unconsciously applied, that the sweeping provisions of
the constitutions, even where their broad terms seemed contrary to
the principles of the common law and to narrow greatly the field
of legislation as compared with that occupied by the British Parlia.
ment, were made not in opposition to but in forgetfulness of those
principles and were not to be given such an effect.

The sound sense of both courts and public established that the
property rights which the constitution sanctify are, as Judge Shaw
declared, held subject to the controlling power of the legislature.
No mere implication from general statements of the doctrine of
personal rights was allowed to seriously impair the law-making

1900.] HASTINGS—POLICE POWER OF THE STATE. 423

power of the people’s representatives. Those declarations were
properly held to relate to rights already in existence and in practical
enjoyment, and restrictions upon the powers of the legislatures, to
be brought about at all, must have been made in express terms.

It was as natural as it was fortunate that this prominent struggle
between the legislature on the one hand and private interests,
asserted upon the basis of the bill of rights, on the other, was
over a question in reference to which legislative power had been
immemorially employed. It may be noted that in Commonwealth
vs. Alger we have a recurrence to Taney’s gunpowder illustration
which suggested the term police power to Chief Justice Marshall.
Evidently the use of the term by Chief Justice Shaw is derived
through the case of New York vs. Miln from Marshall.

Chief Justice Redfield’s decision in ' Thorpe vs. Rutland, Etc.,
R. R. Co. ranks, perhaps, with Commonwealth vs. Alger as a land-
mark in the development of the police power. The company had
been chartered in 1843. In 1849, a law of Vermont made it the
duty of all railroad companies to fence their lines and to put cattle
guards at all crossings. ‘The road claimed that its charter, ante-
dating the law, empowered it to maintain its track and equipment
and said nothing about such fences and crossings. It, therefore,
claimed that because of this charter it was exempt from any
changes in its duties, because the law requiring such additional
duties must be held to impair the obligation of the contract con-
tained in the charter. Judge Redfield made short work of the con-
tention that the railroad company had any more rights than an
individual would have who had taken the same grant of a franchise
to build, equip and maintain a railroad and take toll of passengers.
If any privileges belong to the company it must be on account of
a special consideration and because given in express terms.

The legislative power he found by universal agreement to be
supreme in the English Parliament and to have passed with their
independence to the states in the full measure possessed by Par-
liament, except as it was found to be limited by state or federal
constitutions.

“It was supposed that the question was settled in this court in Nelson ws,
V. & C. R. Company, 26 V7, 717. The general views of the court are
there stated as clearly as it could now be done. But as the general
question is of vast importance both to the roads and to the public and

127 Vt., 140 (1855).

PROC. AMER. PHILOS. SOC. XXXIX. 168. BB. PRINTED SEPT. 26, 1900.

424 HASTINGS—POLICE POWER OF THE STATE. [June 19,

has again been urged upon our consideration, we have examined it very
much in detail. We think the power of the legislature to control exist-
ing railways in this respect may be found in the general control over the
police of the country, which resides in the law-making power in all free
states, and which is, by the fifth article of the bill of rights of this state,
expressly declared to reside perpetually and inalienably in the legisla-
ture, which is, perhaps, no more than the enunciation of a general prin-
ciple applicable to all free states, and which cannot, therefore, be vio-
lated so as to deprive the legislature of the power, even by express grant
to any mere public or private corporation. And when the regulation of
the police of the city or town by general ordinances is given to such
towns and cities, and the regulation of their own internal police is given
to railroads to be carried into effect by their by-laws and other regula-
tions, it is, of course, always in all such cases subject to the superior
control of the legislature. That is a responsibility of which legislatures
cannot divest themselves, if they would.”

“This police power of the state extends to the protection of the lives,
limbs, health, comfort and quiet of all persons and the protection of all
property within the state. .... So far as the railroads are concerned,
this police power, which resides primarily and ultimately in the legisla-
ture, is twofold: First. The police of the roads, which in the absence
of legislative control the corporations themselves exercise over their
operatives, and to some extent over all who do business with them or
come upon their grounds, through their general statutes and by their
officers.”

And he proceeds to show what the roads may do and what they
may be required to do by legislative enactment, that the rest of the
community may be reasonably safe ; and his enumeration shows
how extensive he regarded the powers of the legislature. He has
anticipated most of the modern statutes on this subject :

‘‘Second. There is also the general police power of the state, by which
person and property are subjected to all kinds of restraints and burdens
in order to secure the general comfort, health and prosperity of the
state. Of the perfect right in the legislature to do which no question
ever was or upon acknowledged general principles ever can be made,
so far as natural persons are concerned. And it is certainly calculated
to excite surprise and alarm that the right to do the same in regard to
railways should be made a serious question. This objection is made
generally upon two grounds: Ist. That it subjects corporation to vir-
tual destruction by the legislature; and, 2d, That it is an attempt to con-
trol the obligation of one person to another in matters of merely private
concern.”

1900.] HASTINGS—POLICE POWER OF THE STATE. 425

He then admits that the franchise of a private corporation is pri-
vate property, and he grants, on the authority of the Dartmouth Col-
lege case, its right to protection as such, but declines to adopt such
a construction as would put the whole subject, not only of railways
but all other corporate interests, beyond legislative control. He
maintains the right to enact new restrictions reasonably requisite
to the public welfare.

He, too, brings up the slaughter-house and powder-mill illustra-
tions, and he, too, cites the American and English cases as to the
principles on which executive officers are authorized to interfere
with private property—the right to abate nuisances and to act in
sudden emergencies, both of which had been so often upheld both
in this country and England. He also recognizes as clearly as did
Chief Justice Shaw that to support the claim of the legislature to
the power he is sustaining to its full extent, he must draw upon
something more potent and get something from the supreme legis-
lative authority of Parliament.

Whether Judge Redfield, or Judge Shaw, or Judge Trumbull in
People vs. Jones perceived distinctly that in holding the constitu-
tional provisions in the bills of rights to have been enacted with
reference to the principles and precedents of English law, and not
to be considered to interfere with such principles unless they did so
in explicit terms, they were making that law and those precedents
the real constitution of their states, more or less in disregard of
those principles of ‘‘ Locke, Sidney, Rousseau and DeMably com-
bined and reduced to practice,’’ which John Adams thought had
been enacted, is not quite clear.

Chief Justice Redfield closes:

** We conclude, then, that the authority of the legislature to make the
requirement of existing railways may be vindicated because it comes
fairly within the police of the state. 2. Because it regards the
division fence between adjoining proprietors. 3. Because it properly
concerns the safe mode of exercising a dangerous occupation or busi-
ness; and 4. Because it is but a reasonable provision for the protec-
tion of domestic animals, all of which interests fall legitimately within
the range of legislative control, both in regard to natural and artificial
persons.”

The police power, now fairly under that name, just a little past
the middle of the century, had fully inaugurated its struggle to
maintain government control over corporate aggressiveness and pri-

496 HASTINGS—POLICE POWER OF THE STATE. [June 19,

vate property interests, intrenched behind constitutional provis-
ions. This struggle, begun as we have seen in a conflict with
federal authority in Brown vs. Maryland and continued for twenty-
five years in the federal Supreme Court, was now to go on for a
time in the state courts.

The vast new interests created by railway development were prac-
tically all under state laws. The bringing of those interests to sub-
mit to legislative control inevitably produced conflicts. The ex-
tension of legislative power to new subjects, where its action was to
be justified only by analogy to old precedents and not by the direct
application of them, offered special openings for the exploiting of
the meaning of general expressions in the state constitutions.

Then, too, the extension across the country of lines of railroad,
controlled by great corporations established in other states, strongly
tended to precipitate conflicts. The people, whose capital was
thus placed under the control of a distant legislature in another
state, were jealous and afraid. ‘The lawmakers of that state too
often were hostile and regarded the owners of the property and cor-
porate interests as to which they were legislating as aliens, if not
interlopers. The case of Thorpe vs. Rutland, Etc., Ry. Co. has
been perhaps the most influential case in settling the line along
which the power of the state legislatures over railway corporations
has been asserted and maintained.

1900.] HASTINGS—POLICE POWER OF THE STATE. 427

CHAPTER VI:

THE POLICE POWER AND STATE CONSTITUTIONS AND LIQUOR AND
SunpDay Laws.

The force of popular feeling meanwhile had introduced another
line of legal disputes over the authority of the legislature in the
states. It has been mentioned that the Supreme Court of Illinois
in 1852 declared that total prohibition of sales of intoxicants for
use as beverages was a proper exercise of the police power. Licen-
sing legislation had long been recognized especially in New Eng-
land, and Judge Trumbull had no difficulty in extending the pre-
cedents to complete prohibition.

During this and the few years immediately preceding and follow-
ing, a great wave of sentiment in favor of compulsory temperance
had gone across the country and so a number of cases in the higher
courts relating to this subject resulted. In 1853, the next year
after the decision just mentioned in Illinois, came the case of Our
Home vs. The State in Iowa, in which the question was as to the
validity of a law forbidding sales of intoxicants as beverages and
condemning as public nuisances places where they were sold in
violation of the law. Justice Woodward, another New Englander,
in a strong opinion upholds the right of the state to legislate upon
this matter in the way it had done, and discusses the whole subject
in the light of The Mayor of the City of New York vs. Miln. He
cites, too, the License cases and especially a decision by Judge
Shaw in Massachusetts, McGirr vs. Fisher, in which also the
Massachusetts chief justice acted upon English and early American
precedents, far more than modern constitutional provisions, in up-
holding a liquor law of that state. Judge Woodward found the
Iowa law valid against all claims of the sacredness of private
property.

In the following year, 1854, Michigan, in 'People vs. Hawley,
following principally the federal cases, finds the prohibition of sales
of intoxicating liquors a rightful use of the police power. But the

1 3 Mich., 330.

428 HASTINGS—POLICE POWER OF THE STATE. [June 19,

same question was in Indiana, in *Beebe vs. The State, decided
otherwise by a majority of the state Supreme Court in a judicial de-
bate almost as energetic as any of those in the federal Supreme
Court.

Here the new constitutional doctrines were fully exploited, and
are characterized as the ‘‘ great discovery ’’ of rights in the people
as against the legislature, as well as against executive officers. The
court holds, through Chief Justice Perkins, that a law forbidding
any sales of intoxicating liquors except by the agent of the state,
and by him only for certain named purposes, is an unwarranted
invasion of ‘‘ industry ’’ as well as of individual rights. The dis-
senting opinions by two of the judges are very interesting, as show-
ing what is the real basis supporting the claim for extended police
power for the states, namely: The feeling of its absolute necessity
and the fact of its long exercise.

Indeed, the first reason, which is always dwelt upon, evidently
arises in large degree from the latter. Because the community has
not done without such use of political power is evidently in large
part the foundation of the fear that it cannot do so. It is interest-
ing to note that the majority of the court, in holding that the legis-
lature had no power to pass the law, do not propose to limit abso-
lutely the sovereignty of the state. They still hold that the state
can pass such a regulation, but they say the state is the sovereign
and not the legislature. The constitutional restrictions they think
have not left so much power in the legislature, and they argue the
sovereignty of the people in the state in terms like those of James
Wilson in the early decisions of the federal Supreme Court and in
his lectures.

The Indiana Supreme Court was not alone in thus standing out
against extreme prohibition by act of the legislature. The New
York Court of Appeais in 1856 passed upon the cases of *Wyne-
hamer vs. The People and The ?People vs. Toynbee. ‘The legisla-
ture of New York in 1855 passed an act making it the duty of
every sheriff, constable, marshal or policeman to arrest any person
whom he might see actually violating section 1 of the act.

This section provided that intoxicating liquors should not be
sold or kept for sale by any one anywhere, nor given away, nor
kept for that purpose anywhere except in a dwelling-house, in no

16 Ind., 501. PURINA Es Guise

1900.] HASTINGS—POLICE POWER OF THE STATE. 429

part of which was any tavern, store, grocery shop, boarding-house,
or room kept for gambling, dancing or other public recreations, and
should not be kept or deposited in any place except such dwelling-
house, or for sacramental purposes in a church, or in some place
where a trade or art was carried on demanding use of the same as
part of a regular business, or in transportation to some such lawful
place.

Liquor might be given away by a physician in his regular prac-
tice and the law was not to apply to any liquors permitted to be
sold by any treaty or law of the United States. It was made the
duty of any officer making an arrest under the act to seize all liquors
kept in violation of the law together with the vessels in which it
might be, and at once convey the person arrested before a magistrate
and store the liquor and make complaint of the violation of the law
to the magistrate. ‘All the liquor so seized, on conviction of the
person so arrested, if not claimed by some one else, was to be for-
feited, and when so forfeited to be destroyed on warrant from the
magistrate, and the vessels sold on execution.

Police magistrates, justices of the peace, county judges, city
judges and recorders had power to act in such cases and to hold
courts of special sessions to try such offenses, and need not hold
an examination of any person brought up on such charge, but
might proceed to trial assoon as the complainant could be notified.
They had power to adjourn for good cause not longer than twenty
days. A jury of six was to be called if demanded by the defendant
at the time of pleading. No one in the business of selling liquors
or who had been convicted under the act could serve as juror, and
proof of sale established prima facie that it was unlawful, and proof
of delivery should be held to show a sale.

The convicted party forfeited all liquors kept by him contrary to
the law, was fined fifty dollars for first offense, one hundred dollars
and thirty days in jail for second, and for subsequent offenses
not less than one hundred nor more than two hundred and fifty
dollars, with imprisonment from three to six months, and if fine
and costs were not paid, confinement for not less than one day for
each dollar so unpaid was required. There was a provision for
sale of liquors by specially authorized persons for medicinal, me-
chanical and sacramental purposes, and also for the sale of domes-
tic wines and cider, and also for the sale of liquors imported under
protection of the United States laws by the persons importing them,

430 HASTINGS—POLICE POWER OF THE STATE. [June 19, ~

and also for the sale of articles containing spirits but not drink-
able. A further clause provided that no one could maintain an
action on account of liquor sold without proving a sale in all re-
spects in accordance with law; and there was another that all
liquors kept in violation of the law should be deemed a public
nuisance and summarily destroyed.

Wynehamer had been indicted for selling intoxicating liquors in
violation of the law just recited. In accordance with the act evi-
dence was introduced tending to show that brandy was sold to sev-
eral people at his bar in Buffalo on July 4, 1855, and drunk on
the premises. With that the state rested. The court was asked
to discharge him because no offense had been shown ; and that it
did not appear but that the liquor sold was imported and such as he
had a right to sell; and that the act was void as violating the
provisions of both state and federal constitutions in respect to
unreasonable searches and seizures, and depriving him of prop-
perty without due process of law; and that it had not been
shown that the liquor was not authorized to be sold under the law.
The request was denied, and he offered to prove that the liquor was
drawn from an imported package on which duty had been paid ;
and the evidence was refused. He offered to prove that the liquor
was owned by him and in his possession before the law went into
effect, which was also refused. He was found guilty, fined fifty dol-
lars and costs. This judgment, having been affirmed by the state
Supreme Court in banc, was brought for review to the Court of
Appeals.

Toynbee was arrested by a police officer in Brooklyn, who made
information to seeing him have brandy and champagne and seeing
_ him engaged in selling it, and that defendant was brought be-
fore the magistrate to be dealt with according to law, his liquor
having been seized. He asked to be discharged because of the
unconstitutionality of the law. This was denied. He pleaded not
guilty and was convicted on evidence of having and selling liquor
alone, and was fined and the liquors ordered to be destroyed. This
judgment was reversed by the Supreme Court in banc, and the state
took the case to the Court of Appeals, where the two were heard
together.

Touching the constitutionality of the law as affecting property
rights at the time of its enactment, the court by Justice Hubbard
Says :

-

1900.] HASTINGS—POLICE POWER OF THE STATE. 431

“This is purely a question of legislative power under the fundamen-
tal law. It is needless to say that the court has no concern with the
wisdom or expediency of the enactment to accomplish the ends indi-
cated by the title. The police of this government from its foundation
certainly vindicates the political necessity and economy of stringent
laws circumscribing the sale of spirituous liquors.

‘“‘T entertain no doubt of the constitutional competency of the state
legislature to prohibit entirely the commerce within the state in liquors
as a beverage by laws prospective in their operation..... The
police power is of necessity despotic in its character commensurate
with the sovereignty of the state, and individual rights of property be-
yond the express constitutional limits must yield to its exercise, and in
emergencies it may be exercised to the destruction of property without
compensation to the ownerand without the formality of a legal investiga-
tion... . . 1 knowof no limits to the exercise of the police power vested in
the legislature except the restrictions contained in the written constitution.
.... The grant of power in that instrument is generally of all the
legislative power of the state; what this expressly is cannot well be
defined.”

He finds in the legislature all the power of that nature in the state

subject to the restrictions in the bill of rights, and affirms that
-there is no right in the courts to set any higher-law limits. He
finds the law under consideration bad, as acting upon existing prop-
erty rights and not merely a regulation governing future transac-
tions. He finds that due process of law means by a judicial pro-
ceeding, and that the statute in declaring all liquors held for use
as beverages a nuisance and subjecting them to forfeiture as a de-
privation without due process of law and is a despotic act, inas-
much as the liquor is not, fer se, a nuisance.

This, together with the abolishing of all right of sale within the
state, makes it, in his opinion, an act of confiscation. He also
holds the law bad as denying a regular jury of twelve men, which
he holds to be guaranteed to every man charged with an offense for
which he may be deprived of his liberty. Two of the judges, how-
ever, thought the law was valid.

This law has been given as an extreme instance of severe legislation
prevalent at that time and the strongest upholding of constitu-
tional property rights which is any longer cited with any approval,
and this case is generally disapproved. The decisions of about
the same time upholding such laws of other states not quite so strin-
gent in their terms do not generally show much regard for any

432 HASTINGS—POLICE POWER OF THE STATE. [June 19,

damage to the value of property on hand by reason of the preventing
of sales. There is in the same year, 1856, a Connecticut case, * State
vs. Wheeler, a law that in general terms prohibited entirely the sell-
ing and keeping for sale of intoxicants to be used as a beverage is
held valid and a proper exercise of the police power, notwithstanding
any effect which it might have upon the value of property on hand
or contracted for.

> People vs. Gallagher, in gth Michigan, is to the same effect ;
and also holds it doubtful whether a law is ever bad merely for
contravening some general principle or constitutional right and not
any express declaration of the constitution. This case shows how
thoroughly the courts were prepared to enforce common-law doc-
trines and follow precedents formed under a legislature which
recognized no express limits to its powers.

It is interesting to compare these decisions with another of the
same period in regard to the constitutional provision that property
should not be taken away without due process of law, and see the
way in which this ancient provision was transferred from its old office
of limiting the action of the executive to its American one of an-
swering alike purpose with regard to the legislature. The case is that
of ? Murray vs. Hoboken Land, Etc., Company, decided in 1855
in an opinion by Justice Curtis.

Collector of Customs Swartwout, of New York, had been found
in 1838 nearly a million and a half of dollars in default in his
accounts with the federal government. A distress warrant had
during that year been issued against his property by the solicitor of
the treasury and levied upon his lands. The lands were in June,
1839, sold by the United States marshal to the defendant com-
pany. In the meantime certain other creditors of his procured
judgments and had levied executions on the same land in April
before.

They claimed the levy and the sale under the distress warrant
was void and proceeded to sell under their execution to the plain-
tiff Murray who then brought an action of ejectment, claiming that
a sale under a mere distress warrant from the treasury was not due
process of law, and that the constitution of the United States
vested the judicial power of the federal government ‘‘in one
Supreme Court and such inferior courts as Congress may from time

1 25 Conn., 290. 24 Mich, 244. 8 18. How'., 272.

1900. ] HASTINGS—POLICE POWER OF THE STATE. 433
to time ordain and establish;’’ and further that such judicial
power should extend ‘‘ to all controversies to which the United
States should be a party.”’

The resolution by Judge Curtis of the question thus raised is so
typical of the American way of dealing with such problems and of
the whole development of our subject that it deserves analyzing
in this connection. After admitting that the provision vesting all
judicial power in the courts was conclusive, if the act of adjusting
the account and ascertaining the balance due that might be levied
for was a judicial act, he turns entirely away from that question
until he shall first have answered the other, as to whether the dis-
tress warrant and the sale under it were due process of law. To
settle this, of course, he turns back to the English precedents and
shows, first, that the phrase as we have it is simply Lord Coke’s
version of ‘‘law of the land’’ in Magna Charta. Then he
examines further to see whether under the old precedents similar
proceedings were a part of the law of the land in England, and, of
course, as the proceedings were simply copied from English
practice, he finds no difficulty there. Then he finds in the laws in
nearly all the states evidence that this difference in the proceedings
against public defaulters from those against ordinary debtors was
well known and long practiced in this country. Therefore, it
must have been a due process of law when the constitution was
adopted and to have been forbidden by it needed to be expressly
mentioned.

So much is easy ; and is exactly the process by which in Massa-
chusetts *Soper vs. Harvard College, ? Nightingale’s case and
§’Goddard’s case, and in Maine ‘Pierce vs. Kimball, and in New
York ° Vanderbilt vs. Adams and ° Coates vs. Mayor, were decided,
and the exercise of summary powers by magistrates, and the laws
conferring such powers, sustained against the general language of
the state constitutions. The practices were in existence; they
were well known; if it was intended to do away with them, it
would have been done in express terms. Above all, they were
needed. So, although it is admitted by Justice Curtis that due
process of law, in cases requiring a trial, demands that there be
regular parties, a tribunal and a course of procedure assuring a

LT ALTA Col fe 49 Me., 54.
271 Pick., 168. 57 Cow., 348.
316 Pick, 504. 6 7@., 585.

434 HASTiINGS—POLICE POWER OF THE STATE. [June 19,

hearing, yet, as there had been in England from time immemorial
cases where liability was fixed by a simple declaration of the king’s
accounting officer, notwithstanding Magna Charta, so in this
country the same might be done, notwithstanding the constitu-
tion.

The other question, as to the exercise of judicial power by the
accounting officers in making a statement of Swartwout’s account
and issuing on it process against both his person and property, is
treated in the same manner and on the basis of the same pre-
cedents, but they are not applied with the same confidence. The
same result is reached by similar means, but not with the same
directness.

Judge Curtis does not in express terms find in the British
government the doctrine of a separate judiciary. He goes no
further than to assume it. The requirement of due process of law
being in substance in the great charter, English precedents in this
case, where an act of executive officers was in question, fairly ap-
plied to it; but no hard-and-fast line between judicial and execu-
tive acts had ever been attempted in England. To this question it
was harder to find English authorities to fit. Soit happened that
this portion of the opinion is simply a fairly conclusive argument
that an absolute division is impossible, and that the precise
boundary between the two, if there is to be one, must be fixed by
Congress or simply by usage. Of course, the fact that the de-
linquent could take an appeal from the finding of the accounting
officers to the courts and have the whole matter retried there, left
Judge Curtis very little standing room from which to claim any
very essential difference in nature between the power exercised by
the accounting officers and that exercised by the courts, at least in
this matter.

The way in which the old precedents are finally applied to the
determination of this question, also, of judicial or non-judicial
power, shows the relations of the ancient parts of our law to the
newer constitutions, and is worth examining. After finding in the
matter one in which it depended upon the will of Congress whether
the act of ascertaining the balance due and issuing process to
collect it should be given to the courts as a judicial or retained by
the treasury as anexecutive function, and a part of the duty of
collecting the revenue, another distinction must be drawn, or else
everything would be liable to depend upon the will of Congress as

1900.] HASTINGS—POLICE POWER OF THE STATE. 435

to whether it should go to the courts for determination or be
peremptorily decided by executive officers. So he holds that in
collecting the revenue the entire jurisdiction is in the United
States; and it can deal summarily with its officers and is not
amenable to process, and its submitting to an appeal to the courts
is a mere voluntary concession on its part.

But notice the limit that he finally puts upon this power on the
part of Congress thus to place questions among judicial or non-
judicial ones as it may please:

‘We do not consider Congress can either withdraw from judicial cogni-
zance any matter which from its nature is a subject of a suit at the com-
mon law, or in equity or admiralty, nor, on the other hand, can it bring
under the judicial power a matter which from its nature is not a subject
for judicial determination.”

In other words, if the matter in question is such as have hereto-
fore gone to the courts of law, equity, or admiralty, to get their
opinion before the executive can act, to them under the constitu-
tion it must continue to go. The precedents are to settle it. If,
on the contrary, it is such as have been heretofore determined by
the executive and ministerial officers of the government without
such consulting of the judiciary, then they may continue to exer-
cise that power till Congress chooses to say they must lay it aside ;
and if the putting of it into the hands of the courts would involve
too grave a departure from usage that may not be done.

The final result is that this admired and admirable decision is de-
termined in all respects by precedents long antedating the constitu-
tion. A long discussion at the bar and the production of this
opinion seems the only immediate effect of establishing by the
constitution three codrdinate powers in the state. It is, however,
probable that it is not by any means altogether so. There are pre-
cedents and precedents and they may be applied in various ways.
It is by no means certain that we are where we would have been
had there been no distinct declaration in favor of a strict separa-
tion of judiciary, executive and legislature. ‘The doctrine has, at
all events, not been without its effect upon the development of the
police power, as has been seen.

Meanwhile, the new phrase was passing out of the decisions into
text-books and treatises. In 1857, Judge Sedgwick published his
Construction of Statutory and Constitutional Law. In this he gives
considerable place to the police power chiefly from the point of

436 HASTINGS—POLICE POWER OF THE STATE. [June 19,

view of Judge Shaw as set forth in Commonwealth vs. Alger.
Judge Sedgwick evidently regards the police power and the , “ gen-
eral power over private property which is necessary for the orderly
existence of all governments” as being the same thing. He dis-
cusses the police power mainly as a limitation on rights of private
property, and with regard to the extent to which it must be held
to qualify the apparently absolute guarantees of such property rights
in state and federal constitutions.

His point of view is that which regards the power as one of con-
trol for the benefit of society and as a great reserved social right
not mentioned by the constitutions but in view of which they are
always to be interpreted. It is with him, as with the judges we
have so far seen dealing with it, a designation for the indefinite
remainder of government authority which is left when the familiar
and more or less definite forms are abstracted.

Besides Commonwealth vs. Alger, Judge Sedgwick quotes most
prominently ? Vanderbilt vs. Adams. He does not seem to have
noticed Chief Justice Redfield’s opinion in Thorpe vs. Rutland,
Etc., Ry. Co., though he notes with approval the adoption by that
distinguished judge in * Armington e¢ a/. vs. Barnet of the doctrine
of the case of * Charles River Bridge vs. Warren Bridge.

At the same term with the case of Murray vs. Hoboken Land
Company, the case of ' Smith vs. Maryland was passed upon in an
opinion also by Justice Curtis. In that case the state of Maryland
had forbidden the taking of oysters from beds within its territory
by means of a scoop and had provided that vessels engaged in
doing so should be forfeited if captured. The law was enforced
against a Philadelphia sloop, which had a license from the United
States as a coasting and fishing vessel. The control of the State
over its own fishing grounds was held to be ample to sustain such
legislation.

In this term came to an end the famous ° Wheeling Bridge case,
in a holding that Congress had authority to legislate as to bridges
over navigable streams so far as they affected the navigation of the
streams. The final authorization of the bridge by Congress was
upheld.

Into the bitter waters of the controversy over the Dred Scott

1 P. 435, Pomeroy’s ed. 471 Pet, 420.
27 Cow., 348. 518 How., 77.
375 Vt, 745. 6 2 7d., 421,

1900.] HASTINGS—POLICE POWER OF THE STATE. 437

case of the following term it is not necessary for us to venture.
Both Chief Justice Taney and Judge Curtis, in passing upon that
case, discuss, incidentally, the police power of the states, but that
case added nothing to the subject. It only sufficed to remove for
a while the discussion of the police power from the federal Supreme
Court, and led to its exemplification elsewhere in the form of
* military law.

When the country was taking its citizens by hundreds of thou-
sands and placing them in front of hostile cannon, was destroying
lives and property with a rapidity unexampled in history, and
popular enthusiasm was urging it on to greater sacrifices of either
or both, if only the fabric of the nation might stand, secure and tri-
umphant over all its enemies, there was not much opportunity or
disposition to discuss police or question the rights by which gov-
ernment does things.

In the years just prior to the war the contest over prohibitory
liquor laws was determined in most of the states along the same
lines of upholding state authority where it has since rested. The
right to control chartered corporation when necessary became
established in accordance with the views of the cases already cited.
Thorpe vs. Rutland, Etc., Ry. Co. remained, perhaps, the most
influential, and is the case usually cited as laying the foundation
for the doctrine that the police power cannot be alienated. On
the basis reached in these years, 1856, 1857 and 1858, the police
power remained until the ordinary machinery of the law com-
menced its work again in those regions of the country where it
had been with other laws ‘‘ silent amid the shock of arms.”’

As showing how the development of the police power was re-
lated to the growth of constitutionalism and as showing the latter’s
dependence upon ability to throw aside precedents, the California
habeas corpus case, in 1858, ?ex parte Newman, with its dissent-
ing opinion by Judge Field, later of the United States Supreme
Court, is interesting.

The applicant for a release was an Israelite convicted of a viola-
tion of a not very stringent law of California for the ‘‘ better
observance of the Sabbath.’’ He pleaded that his religion conse-
crated the seventh day, and that the law was in conflict with a
provision of the state constitution that all persons should have

1 Hare’s Am. Con. Law, 761-784.
49 Cal,, 503.

438 HASTINGS—POLICE POWER OF THE STATE. [June 19,

‘*free exercise of religious professsion or worship without dis-
crimination or preference.”’

The court held that the law in selecting the Christian Sabbath
and providing for its observance declared a preference in favor of
those professing such religion, and that the law was unconstitutional
and void. Judge Field dissented and cited the numerous cases in
other states, notably Pennsylvania and Ohio, and the immemorial
exercise of such power by legislatures, but in vain.

The majority of the court were in favor of applying the constitu-
tion liberally according to its terms and did so. 1 But it was only
a matter of a few years when the conception of the uses and
powers of government had become more settled, and had been
strengthened by the civil war, that California joined the list of
states which interpret their constitutions by common law prece-
dents and uphold the observance of the Sabbath.

When this was done it was on the ground that such requirement
was a valid police regulation; that to obtain the full benefit of a
day of rest there must be uniformity in its observance, and that it is
the right and duty of the state to secure such uniformity. We see
in this case again the vindication of public order for its own sake,
as before in Vanderbilt vs. Adams and Commonwealth ws. Alger.

1 Ex parte Andrews, 18 Cad., 678.

1900.1 HASTINGS—POLICE POWER OF THE STATE. 439

: CHAP THES VIL

THE CONSTITUTIONAL AMENDMENTS AND THE SLAUGHTER-HOUSE
CASES.

As has been suggested there was scarcely any development of our
subject during the civil war. Immediately after it sprang up the
great questions as to the status of the lately revolted portions of
the country and its people. The assertion of authority on the
part of the federal government had become habitual and easy, but
as soon as legislative action was resumed at the south it was
found that it was in the hands of those persons lately in rebellion.
The results were unsatisfactory. Indeed, at that time pretty much
anything they could have done would have been unsatisfactory to
the dominant sentiment at the north, whose real grievance was not
so much at their manner of exercising power, as at the fact of
their having it to exercise.

1« The law derives its contents, not out of the development of the legal
idea, but out of the needs of life which call for it. This life is, there-
fore, the law-making force” (Rechtsbildende Kraft).

The life of the state was to give a new form to the federal consti-
tution, first, by the thirteenth amendment declared adopted in
December, 1865, that neither slavery nor involuntary servitude
except as a punishment for crime should exist under the juris-
diction of the United States. A few months showed that the
return of the seceded states was not going to be the simple thing
that President Lincoln had hoped for and President Johnson in-
sisted it must be. Northern public opinion or, perhaps, more
accurately northern political sentiment, would not do without what
its leaders denominated ‘‘a substantial guarantee of the fruits of
the war.’’ The reconstruction committee of the two houses of
Congress, therefore, while several of the states were still practi-
cally under military government, brought forward and procured
Congress to propose the fourteenth amendment, which was declared

1 Stein’s Handbuch der Verwaltungs lehre,S. 41.
PROC. AMER. PHILOS. SOC. XXXIX. 163. Cc. PRINTED SEPT. 27, 1900.

440 HASTINGS—POLICE POWER OF THE STATE. [June 19,

ratified by two different proclamations, one of July 20 and one of
July 28, 1868. The ratification was by several of the southern
states a compliance with a condition imposed by Congress that only
upon such ratification would representatives from those states be
admitted to the federal legislature.

The amendment is in five sections and much of it has only to do
with temporary political conditions that have long gone by, it is
hoped never toreturn. The first section, however, after providing
that every person born in the United States and subject to its juris-
diction shall be a citizen both of the United States and the state
in which he lives, ordains that

“No state shall make or enforce any law which shall abridge the privi-
leges or immunities of citizens of the United States, nor shall any state
deprive any person of life, liberty or property without due process of
law, nor deny to any person within its jurisdiction the equal protection
of the laws.”

Sections 2, 3, and 4 are, as suggested, of present importance only
to the historian.

The first section and the fifth, which gives Congress power to en-
force the article by appropriate legislation, have produced that new
development which renders it possible for the editors of the last
editiog of Bouvier’s Dictionary of the Law to say truly, under the
head of ‘‘ Police Power,’’ that there has been a vast development
of this subject in this century, and most of it in the last thirty
years. It was thirty years last July since, under the pressure of
refusal of Congressional representation otherwise, five of the
southern states ratified this amendment and it became part of the
federal constitution. Public attention was strongly directed to it
and yet, so long does it take for legal disputes to reach a crisis
under our system, that it was not until 1872 that a case involving its
construction came before the federal Supreme Court.

When it did so come, the question raised was as far as possible
from being connected in any way with the civil convulsions that
had, as Dicey says, awakened the American sovereign from a
1Jethargy of more than fifty years, and led to a change in the
federal constitution. The question raised had to do simply with
the butcher’s business in the city of New Orleans. It is not too
much to say, however, that the opinion of Judge Miller in the

1 Law of the Constitution, p. 140.

1900.] HASTINGS—POLICE POWER OF THE STATE. 441

' Slaughter-house cases marks as important a turn in the constitu-
tional history of our country as any ever rendered in that court.

In 1869 the legislature of the state of Louisiana chartered the
Crescent City Live Stock Landing and Slaughter-house Company,
and gave it the exclusive right for twenty-five years of keeping and
maintaining in three parishes of that state, embracing 1134 square
miles and including the city of New Orleans, landings and yards
for live stock, intended for sale or slaughter, and of keeping slaughter-
houses for such stock ; and forbade all other persons from maintain-
ing such places in the three parishes. The act prescribed the terms
on which the public should have the use of such appliances, and
that they must be adequate, and fixed the locality in which they
must be placed. Here wasa considerable area and a large population
affected, and about a thousand men, previously engaged in supply-
ing this population with meat, whose independent business was
destroyed.

The state courts upheld the law. The United States Circuit
Court for Louisiana held it a violation of the provisions of the
fourteenth amendment, and numerous cases came into the federal
Supreme Court by proceedings in error from the state court and by
appeals from the United States Circuit Court. All were finally
settled except three. These were argued in January, 1872, in the
absence of Justice Nelson. ‘The eight other justices apparently di-
vided equally as to the cases. At the next term, Justice Nelson
having retired and Justice Hunt having taken his place, they were
again elaborately argued. Mr. Campbell, who had abandoned the
position of judge in this very court to take service on the southern
side, appeared now to contest the power of his own state to enact
such a law. April 14, 1873, Judge Miller rendered the decision in
an opinion which, by a bare majority of one, was that of the

court. The dissenters were Chief Justice Chase and Justices
- Field, Bradley and Swayne.

*- Judge Miller holds that the providing where and how and by
whom such places shall be maintained is a proper exercise of the
police power of a state, citing especially Gibbons vs. Ogden, New
York City vs. Miln, and the later cases of the United ?States ws.
DeWitt, in 1869, and the * License Tax cases in 1866: the former
being a holding that the Congress of the United States has no
general power of police regulation within the state, and holding

1716 Wall, 18. 29 Wall, 41. 35 Wall, 462.

449 HASTINGS—POLICE POWER OF THE STATE. [June 19,

void an act of Congress providing for the punishment of persons
mixing and selling certain dangerous inflammable oils; and the
License Tax cases being a holding that Congress has no such power,
and that payment of a United States license tax procures no right
to carry on in a state a business which that state forbids.

Judge Miller thought the Louisiana statute under consideration
well calculated to regulate and bring under proper control the
business in question, and he cites the precedents in English legisla-
tion and decisions. He finds that the famous case against
monopolies, reported by * Coke, was a struggle against the power
of the crown, and not against parliamentary legislation, and that
if restraints are to be put on such legislation in this country they
must be found in state or federal constitutions, and, so far as
federal courts are concerned, in the latter.

The claim of the plaintiff was that the Louisiana act involved the
creation of an involuntary servitude contrary to the thirteenth
amendment; that it abridged the, privileges and immunities of
citizens of the United States; that it denied them the equal pro-
tection of the laws, and deprived them of property without due
process of law, all in violation of the fourteenth amendment.
It was evident that these amendments might be so interpreted as to
leave the states the ‘‘ mere shell of legislative power.’’ ‘The
thirteenth amendment, Judge Miller finds, simply intended to abol-
ish negro slavery and all other forms of that evil and place it be-
yond resurrection. The institution, he said, perished of the
bitterness of the conflict itself had caused, and even before Presi-
dent Lincoln’s proclamation was at an end almost universally
within our army lines. He declines to take the simple and there-
fore impressive declaration in our fundamental law of this great
fact from its purpose and apply it to what are known as servitudes
of property in the common law, with which it had no relation.

“The process of restoring to their proper relations with the federal
government, and with the other states, those which had sided with the
rebellion, undertaken under the proclamation of President Johnson in
1865 and before the assembling of Congress, developed the fact that not-
withstanding the formal recognition by those states of the abolition of
slavery, the condition of the slave race would, without further protection
of the government, be almost as bad as before. Among the first acts of
legislation adopted by several of the states in the legislative bodies which

171 Rep., 85.

1900. ] HASTINGS—POLICE POWER OF THE STATE. 443

claimed to be in their normal relation with the federal government were
laws which imposed upon the colored race onerous disabilities and bur-
dens, and curtailed their rights in the pursuit of life, liberty and property
to such an extent that their freedom was of little value, while they had
lost the protection which they had received from their former owners
from motives of self-interest and humanity.”

“They were, in some states, forbidden to appear in the towns in any
other character than as menial servants. They were required to reside
on and cultivate the soil, without the right to purchase or ownit. They
were excluded from many occupations of gain, and were not permitted
to give testimony in the courts in any case where a white man was a
party. It was said that their lives were at the mercy of bad men, either
because the laws for their protection were insufficient or were not en-
forced.”

‘““These circumstances, whatever of falsehood or misconception may
have been mingled with their presentation, forced upon the statesmen
who had conducted the federal government safely through the crisis of
the rebellion and who had supposed that by the thirteenth article of
amendment they had secured the result of their labors, the conviction
that something more was necessary in the way of constitutional protec-
tion to the unfortunate race who had suffered so much. They accord-
ingly passed through Congress the proposition for the fourteenth
amendment, and they declined to treat as restored to their full participa-
tion in the government of the Union the states which had been in insur-
rection until they ratified that article by a formal vote of their
legislative bodies.”

Judge Miller then goes on to say that this did not prove suff-
cient and a few years later the fifteenth amendment—that suffrage
should be denied to no one on account of race, color or his pre-
vious slavery—was added for the same reason.

“We repeat, then, in the light of this recapitulation of events almost too
recent to be called history, but which are familiar to us all, and on the
most casual examination of the language of these amendments, no one
can fail to be impressed with the one pervading purpose found in them ~
all, lying at the foundation of each and without which none of them
would have been even suggested—we mean the freedom of the slave
race, the security and firm establishment of their freedom and the pro-
tection of the newly made freeman and citizen from the oppressions of
those who had formerly exercised unlimited dominion over him. Itistrue
that only in the fifteenth amendment is the negro in terms mentioned ;
but it is just as true that each of the other articles was addressed to the
grievances of that race and designed to remedy them as the fifteenth.”

‘‘We do not say that no one else can have this protection. Both the

444 HASTINGS—POLICE POWER OF THE STATE. [June 19,

language and the spirit of these articles are to have their fair and just
weight. . . . . But what we do say, and what we wish to be understood,
is that in any fair and just construction of any section or phrase of these
amendments it is necessary to look to the purpose which we have said
was the pervading spirit of them all, the evil which they were designed
to remedy, and the process of continued addition to the constitution until
that purpose was supposed to be accomplished as far as constitutional
law can accomplish it.”

Discussing the holding in the Dred Scott case that no negro
might become a citizen and the first clause of the fourteenth
amendment, making all persons born in and subject to the jurisdic-
tion of the United States citizens both of it and of the state of
their residence, he says this not only settles the question raised in
that case, but recognizes and establishes a distinction between federal
and state citizenship. He must reside in a state to be its citizen.
He need only be born in its jurisdiction, or naturalized, to be a
citizen of the Union. So he thinks the clause

‘No state shall make or enforce any law which shall abridge the privi-
leges or immunities of citizens of the United States ”’

has no reference to astate dealing with its own citizens as such.
The rights of citizens of the states have no additional protection in
that character.’

‘‘Its sole purpose was to declare to the several states that whatever
those rights as you grant or establish them for your own citizens, or as
you limit or qualify or impose restrictions on their exercise, the same .
neither more nor less shall be the measure of the rights of citizens of
other states within your jurisdiction.”

Of course, this causes the provision under consideration to have the
effect of simply extending the protection formerly given to citizens
of the several states by clause 1, section 2, article 4 of the consti-
tution, under the new provision also to citizens of the United States.

2 «« Where it is declared that Congress shall have the power to enforce
that article, was it intended to bring within the power of Congress the entire
domain of civil rights heretofore belonging exclusively to the states?”
If so, ‘‘ not only are these rights subject to the control of Congress when-
ever in its discretion any of them are supposed to be abridged, but that
body may in advance pass laws limiting and restricting the exercise of
the legislative power by the states in their most ordinary and usual func-

176 Wall, pp. 71-77. 272i; 978:

1900.] HASTINGS—POLICE POWER OF THE STATE. 445

tions, as in its judgment it may think proper on all subjects; and still
further, such a construction followed by the reversal of the judgments of
the state of Louisiana in these cases would constitute this court a perpet-
ual censor upon all legislation by the states on the civil rights of their own
citizens, with authority to nullify such as it did not approve as consistent
with those rights as they existed at the time of the adoption of this
amendment.”

‘‘The argument, we admit, is not always the most conclusive which is
drawn from the consequences urged against the adoption of a particular
construction ofan instrument; but when, as in the case before us, these
consequences are so serious, so far-reaching and pervading, so great a
departure from the structure and spirit of our institution, when the effect
is to fetter and degrade the state governments by subjecting them to the
control of Congress in the exercise of power, heretofore universally con-
ceded to them, of the most ordinary and fundamental character, and
when in fact it radically changes the whole theory of the relations of the
state and federal governments to each other and of both these govern-
ments to the people, the argument has a force that is irresistible in the
absence of language which expresses such a purpose too clearly to admit
of any doubt. We.are convinced that no such results were intended by
the Congress which proposed these amendments nor by the legislatures
of the states which ratified them.”

Going on, Judge Miller describes some of the ‘‘ privileges and
immunities of citizens of the United States,’’ mentioning the right
of passage into and across other states, vindicated in ’Crandall vs.
Nevada, and quotes Chief Justice Taney’s “declaration on that sub-
ject which has been given before. The right to claim protection
on the high seas and in foreign dominions, to assemble and peti-
tion for redress of grievance and to the privilege of the writ of
habeas corpus are pronounced federal rights guaranteed by the
United States constitution. .

The claims that the Louisiana law in question deprived of prop-
erty without due process and that its action was a denial of equal
protection of the laws to the butchers are brushed lightly aside. As
to the first he only calls attention to the fact that the provision is
not a new one in constitutional law, and that such acts as the one
in question had never been held to fall within its prohibition in all
the litigation over these terms since they were first substantially
adopted in Magna Charta. The second he sets aside as not within
the purpose of the amendment which had been simply to provide
protection for the negroes.

16 Wall, 36. BESO nG Pensa

446 HASTINGS—-POLICE POWER OF THE STATE. [June 19,

In this connection Judge Miller makes his often-quoted prophecy
so thoroughly falsified in recent years:

1 “ We doubt very much whether any action of a state not directed by way ”
of discrimination against the negro as a class or on account of their race

will ever be held to come within the purview of this provision. It is so

clearly a provision for that race and that emergency that a strong case

will be necessary for its application to any other.”

He does not, however, entirely commit himself to its total inappli-
cability to any other :

‘‘ As it is a state that is to be dealt with and not alone the validity of its
laws, we may safely leave that matter until Congress shall have exercised
its power, or some case of state oppression by denial of equal justice in
its courts shall have claimed a decision at our hands. We find none
such in the case before us.”

The dissenting opinions are as to both the matters discussed by
Judge Miller, both the character of the state law and the extent of
legislative ground covered by the prohibitions in the amendment.
The power of Congress to legislate, touched upon by Judge Miller,
was not really involved in the case, and accordingly the dissenting
opinions refer to that, as indeed he does, merely for the light which
that clause in the amendment may throw upon the meaning of the
one over which the contention is. The dissenting judges take
the position that the act itself creates so unreasonable a monoply as
to take it outside of the acknowledged jurisdiction of the legislature
to prescribe how within city limits employments of the kind dealt
with may be carried on.

The main controversy and point of disagreement, however, is
as to the meaning of the clause ‘‘ abridge the privileges or immuni-
ties of citizens of the United States,’’ and what power was given to
Congress in authorizing it to legislate to prevent the states from
abridging it. Judge Field thought that it secured equal rights to
all citizens of a state by virtue of their all being citizens of the
United States, and that consequently it forbade any such mo-
nopoly as the Louisiana law created. Judge Bradley calls attention
to the fact that the power of Parliament to create monopolies can-
not be appealed to in this country by way of precedent as against
constitutional provisions. He insists that the constitutional provi-
sions in America have the same application to the legislature that

176 Wall, 81.

1900. ] HASTINGS—POLICE POWER OF THE STATE. 447

the great charter had in Great Britain to the officers of the crown,
and that the English theory of the omnipotence of Parliament was
never transferred to this country.

The points of controversy in the court seem to have been: 1. Was
the privilege of exclusively maintaining slaughter-houses conferred by
the law a monopoly violative of common right? 2. Granting that
it was such a monopoly, was authority to deal with and rectify the
wrong given to the federal courts under the fourteenth amendment,
and was state action in this direction and of the character involved
forbidden by the fourteenth amendment in cases in which it would
have been constitutional before its adoption? Judge Miller and
the court answer both questions in the negative, the dissenting
judges both in the affirmative.

It would seem that the growth of decisions over these questions
starting from this point have tended more and more to confirm the
court’s determination over the real points decided, while it has over-
thrown completely not a few of Judge Miller’s dicta. That the
control of slaughter-houses for a great city is within the police
power of the state, and if it solves the difficulty by giving their
maintenance wholly to one company, its action may still be de-
fended on that ground, and is not open to the same objection as if
it were merely conferring an exclusive trading or manufacturing
privilege, unconnected with its police power and not competent
for it to bestow, seems certain. The making of ‘ privileges or im-
munities of citizens of the United States’’ cover a right to carry on
the business of slaughter-houses in any of the great cities would
now seem a fanciful stretch of the fourteenth amendment, and the
holding that the police powers of the state were not diminished by
the fourteenth amendment, but only brought under the supervi-
sion of the federal government, and improper uses of it made subject
to the jurisdiction of the federal courts, is now firmly established.

It is true that the latter fact has led to an application of the
amendment on a far wider scale than Judge Miller anticipated. He
himself lived long enough to see the amendment chiefly used not
to vindicate the rights of the colored race, but principally for the
correction of unjust and unreasonable classifications of citizens and
subjects of legislation in what may be called the police laws of the
states and to set aside unjust laws of taxation.

It is easy to see that by merely adopting the broad construction
of the terms ‘privileges or immunities’of a citizen of the United

448 HASTINGS—POLICE POWER OF THE STATE. [June 19,

States,’’ for which the minority contended, the greater part of
what we know by the term police power would have been trans-
ferred to the federal government if such construction had been
sustained and persisted in. Perhaps it must be admitted that in
doing the contrary, in applying the narrow meaning he gave to
them, he rendered them practically meaningless. It is certain that
the political leaders who had procured the proposal and ratification
of the amendment were bitterly disappointed.

His determination, however, is in accordance with the settled
habits of the American people, and he could safely calculate that
such habits would prevail over any temporary political purpose.
The majority of the court determined that the general control of
this power should remain in the state, and that determination has
been ratified and persisted in ever since by all who love the Ameri-
can government or governments as made by the fathers. If there
is a disposition to depart from the strictness of Judge Miller’s con-
servatism, and if in spite of this decision of the court and its suc-
cess the trend of events has made of the Supreme Court the ? “ tri-
bunal where all questions of individual liberty and property rights
are now finally determined,”’ it is because in the distinct grants of
power, outside of the phrase ‘‘ privileges or immunities of citizens
of the United States,’’ means have been found to curb in nearly all
directions state legislation. |The change in that respect has gone
and is going quite rapidly enough. The discovery that on our
leading railways the traffic that stops within the state of its starting
is but a trifle in comparison with the total carriage shows how
thoroughly we have become,

“ for all the great purposes for which the federal government is formed,
one people, all citizens of the United States.”’

It is to be said, too, that the extent of the transfer to the United
States courts of the function of defending these individual rights has
proved to be the measure of the extent to which that court has rec-
ognized the necessity of upholding the powers of the states. The
Supreme Court, at all events, cannot be charged with forgetting the
truth of Madison’s * remark, that if the states were to be destroyed
the general government would find it necessary to restore them.
To be sure, it had an object-lesson as to this after the civil war.

1 Guthrie’s r4¢h Amdt., Preface
2 Federalist, No. 14, Lodge ed., 79.

1900. ] HASTINGS—POLICE POWER OF THE STATE. 449

We shall see in following the decisions of-our federal Supreme
Court in the exercise of its negative upon state legislation given it
by the fourteenth amendment, that it has not been niggardly in
allowing room for the police power. With the consciousness of
unity and of common national interests ever growing stronger and
at the same time with ever-increasing knowledge of the endless di-
versity of local requirements, it could not be otherwise. We shall
find the authority of the states generally maintained where not pal-
pably in violation of the inhibitions of the fourteenth amendment,
and a considerable latitude of indulgence to what seem almost
plain cases of pretense of police objects when the real purpose
was the effecting of some discrimination against interests or
persons.

The decisions of the states do not become unimportant. For
one thing, if they hold a state law bad, the federal inhibition
being only on states, there is no power of review, and the deci-
sion is final so far as that act is concerned.

Whatever trimming the state courts exercise upon the acts of
their own legislatures remains lopped off. Of what is left, the
federal Supreme Court takes cognizance if it is claimed to violate the
provisions of the federal constitution. So, through the influence
largely of the fourteenth amendment, partly also of the increasing
importance of the commerce clause in the constitution as com-
merce more and more disregards state lines, the federal Supreme
Court has become the final tribunal for this country where the
claims of individual liberty and of property and commercial rights
are heard.

Starting, as we have seen, with the Slaughter-house cases, the
whole field of the police power, as it has been developed in the
twenty-six years since by state legislation, has been reviewed. So
the national struggle with slavery and sectionalism, that forced
the term “‘ police power’’ into general use, finally made of the fed-
eral Supreme Court, where it originated, the chief field for its
exploitation. Truly, the ‘‘active life of the state is the law-
making power.’’ It is the glory of Judge Miller, as it was of
Redfield and Shaw and Chief Justice Marshall before him, that
he recognized clearly both the needs of such life in the way of
fresh applications of law and the limits of such need.

450 HASTINGS—POLICE POWER OF THE STATE. |June 19,

CHAPTER VIII

THe PoLiceE PowER IN THE FEDERAL SUPREME COURT.

Notwithstanding the new jurisdiction conferred by the fourteenth
amendment, the next case in the federal Supreme Court on this
subject, after the Slaughter-house cases, went back to the old con-
tention between the police power and the interstate commerce
clause. This was in * Railroad Company vs. Fuller. A statute of
the state of Iowa required all railroads operating in that state an-
nually in the month of September to fix rates of freight and fares
for passengers and post them up on October 1 in each depot and
station, and fixed a penalty for charging more than the rates so
posted. An act of Congress of 1866 made all railroads carrying
goods or passengers post roads and authorized them to do such
business and receive pay for it. Fuller having shipped some freight
from Chicago, Ill., to Marshalltown, Iowa, and being charged, as
he asserted, a higher rate of freight than that posted, sued to
recover back the difference.

The railroad among its defenses claimed that the Iowa statute
was unconstitutional and an infringement of the exclusive power
of Congress to regulate commerce between the states. The long
warfare between the states and the railroads in the federal courts
thus began, unless the case of the tax on railroad gross receipts,
decided in 1872, be considered to have commenced it. The
Supreme Court of the State of Iowa held the statute valid as a
measure of police and legislation appropriate to the duties of com-
mon carriers. The railroad company seems to have based its claim
to exemption from such act upon the fact that Congress had legis-
lated on the subject as above indicated. Otherwise, they say, the act
in question would be valid under the rule in the familiar cases of
2 ex parte McNiel, * Wilson vs. Blackbird Creek Marsh Company,
and ‘ Gilman vs. City of Philadelphia, and others.

Judge Swayne for the court held in this case, as in that of the

117 Wall, 560 (1873). SOUP el 2d 5.
213 Wall, 236. 43 Wall, 713.

1900. | HASTINGS—POLICE POWER OF THE STATE. 451

pilot dues in ex parte McNiel, that the statute was a valid exercise
of the police power of the state:

“It is not in the sense of the constitution in any wise a regulation of
commerce. It is a police regulation, and as such forms a portion of the
‘immense mass of legislation which embraces everything within the ter-
ritory of the state and not surrendered to the general government,’ all
which can be most advantageously exercised by the states themselves.”

He goes over the former cases that divides the power of our
**complex’’ government into: 1st, Those of the states; 2d, those
of the national government; 3d, the concurrent ones ; and 4th,
those which the states may exercise till Congress assumes them.

He includes transportation in commerce, and says:

‘The authority to regulate commerce lodged by the constitution in Con-
gress is in part within the last division of those powers.”

In this way the regulation of interstate railways by state legisla-
tures was distinctly countenanced and on the ground of aconcurrent
power, which must, however, always be called ‘‘ police power’’
when exercised by the state, and ‘‘ commercial power’’ or ‘‘ power
to regulate commerce’’ when employed by Congress.

In the same year of 1873 a controversy which we have seen passed
upon by the states with somewhat varying results was brought by the
fourteenth amendment into the federal Supreme Court, to remain
there in some form even to this day—the, dispute over prohibitory
liquor laws.

In ' Bartemeyer vs. Iowa the plaintiff had been acquitted beforea
justice of the peace in 1870 of selling intoxicating liquors. The
state appealed the case, and in the circuit court the defendant ad-
mitted the sale, but said he had committed no crime, because he
was owner of the liquor prior to the day when the act was adopted
forbidding the sale, and was a citizen of the United States ; and on
this plea, without evidence and waiving a jury, the case was sub-
mitted to the court and he was found guilty and fined twenty dol-
lars. The Supreme Court of Iowa affirmed the judgment, and the
case was taken to Washington. :

Judge Miller remarks in passing upon it that prior to the four-
teenth amendment there would have been no federal question in
it to bring before that court. It was presented as a violation of that
amendment in depriving the plaintiff in error of privileges and im-

118 Wall, 129 (1873).

452 HASTINGS—POLICE POWER OF THE STATE. [June 19,

munities of a citizen of the United States and of his property with-
out due process of law. Judge Miller adheres to his views as to what
are privileges and immunities of the United States citizenship ex-
pressed in the Slaughter-house cases. The other question, as to
a deprivation of property by a too severe operation of prohibitory
legislation upon existing articles, he declines to consider in con-
nection with this case, as he finds that the preceding law of Iowa
which the act in question superseded was almost if not quite as
severe. He indicates, however, a disposition to follow Wynehamer
vs. The People in that respect, citing that case with approval.

Judge Field and Judge Bradley each filed a concurring opinion
distinguishing the case from the Slaughter-house cases. They take the
opportunity once more to argue against the conclusion in the latter
cases. They affirm that the claim that the Louisiana law was a
police regulation was a mere pretext, and that its real object was to
confer an unlawful special privilege, and once more that the granting
of such a privilege would be a taking away of the privileges and im-
munities of citizens of the United States from those who suffered
by it. The evident reluctance of the court to pass directly upon
the question whether total prohibition would be a deprivation of
property in existing liquors without due process of law could not
fail to bring that question again before the court, and did not, as
we shall see.

In 1874, too, the case of * Minor vs. Happersett, again involving
the construction of the fourteenth amendment, was passed upon.
Mrs. Virginia Minor, a free white citizen of Missouri, applied to
Happersett, a registrar of voters in that state, to be allowed to regis-
ter as a voter at the presidential election of 1872, and was re-
fused. She brought suit against him for such refusal, and judgment
on demurrer to her claim was given in favor of Happersett. This
was affirmed by the Missouri court of last resort, and the case
taken by her to the federal Supreme Court, as involving a
denial of privileges and immunities of a citizen of the United
States.

Chief Justicé Chase argued from various statutes that it must
be admitted that women were citizens and always had been,
and if the right of suffrage was one of the privileges of a citizen
of the United States, they must be allowed to have it under the
fourteenth amendment. He declined, however, to admit this. He

127 Wall, 162.

~

1900. | HASTINGS—POLICE POWER OF THE STATE. _— 400

thinks the constitution leaves the qualification of electors to
the states; that Congress had never attempted to act in the mat-
ter and the states had. He concludes that suffrage was not be-
stowed on women by the fourteenth amendment, and adopting
the reasoning of Judge Miller in the Slaughter-house cases, from
which he at the time dissented, he observes:

“The amendment did not add to the privileges and immunities of the
citizen ; it simply furnished an additional guarantee for such as he
already had.”

The fourteenth amendment had even before this been sought to
be used in the case of * Bradwell ws. The State to confer on a
woman the right to practice law in defiance of the state statute of
Illinois.

In this year of 1874 came also the case of ? Railroad Company
vs. Maryland. In granting the franchise for constructing the
branch of the Baltimore & Ohio Railroad from Baltimore to Wash-
ington the legislature authorized it to charge not more than $2.50
for passage the whole way, and shorter distances in proportion,
with a requirement that one-fifth of the amount received for pas-
senger fares should be paid to the state. This was claimed by the
representatives of the road to be a tax on interstate travel. Prob-
ably the contention was not wholly in the interest of the traveler,
and so the court viewed it.

Judge Bradley passing upon the case says :

““When the constitution was adopted transportation by land was wholly
performed on common roads and in vehicles drawn by animal power.
No one imagined at that day that the roads and bridges of the country,
except when the latter crossed navigable streams, were not entirely sub-
ject to state regulation and control. They were all made either by the
states or under their authority. The power of the state to impose or au-
thorize such tolls as it saw fit was unquestioned. No one then supposed
that the wagons of the country which were the vehicles of its commerce
were subject to national regulation.”

‘“‘The movements of persons and merchandise, so long as it was as
free to one person as to another, to the citizens of other states as to the
citizens of the state in which it was performed was not regarded as un-
constitutionally restricted and trammeled by tolls exacted on bridges or
turnpikes, whether belonging to the states or private persons ; and when
in process of time canals were constructed, no amount of tolls which were

1 16 Wall, 130. 221 Wall, 470

454 HASTINGS—-POLICE POWER OF THE STATE. [June 19,

exacted thereon by the state or the companies that owned them was ever
regarded as an infringement of the constitution. When constructed by
the state itself they might be the source of revenue largely exceeding the
outlay, without exciting even the question of constitutionality.”’

‘“So when, by the improvements and discoveries of mechanical
science, railroads came to be built and furnished with all the apparatus
of all-absorbing transportation, no one imagined that the state, if the
owner of the works, might not exact any amount whatever of toll or fare
for freight, or authorize its citizens or corporations, if owners, to do the same.
Had the state built the road in question, it might to this day unchal-
lenged and unchallengeable have charged $2.50 for carrying passengers
between Baltimore and Washington. So might the railroad company
under authority from the state if it saw fit do so. These are positions
which must be conceded; no one has ever doubted them.”

He finds thus an unlimited right of the state to charge or author-
ize others to charge for transportation from the simple fact that the
railroads are its own work, or the work of others acting by its au-
thority :

“It has discretion as to the amount of that compensation ; that discretion

is a legislative, a sovereign discretion, and in its very nature is unrestricted
and uncontrolled.”

From this first utterance of the court as to the state’s rights over
transportation rates, repeated several times in the course of the
opinion, there was no dissent.

Judge Miller dissented briefly on the ground that the charge
which the court was finding legal was a special exaction for the
benefit of the state of Maryland for the privilege of bringing passen-
gers to the national capital, a right which the constitution intended
should be untrammeled in accordance with the principles an-
nounced by him in the case of ‘Crandall vs. Nevada. So to Judge
Bradley’s main position, thus strenuously declared in this first case
involving the question, that the power of the state over rates of
transportation within its boundaries was unlimited and sovereign,
there was at this time no dissent.

Subsequently, as we shall see, this doctrine was greatly modified.

It may be noted that this whole question of rates of transporta-
tion was not brought into the state Supreme Court by the granger
agitation, as is sometimes claimed and perhaps generally believed.
This case of Railroad vs. Maryland and the preceding one of Rail-

16 Wall, 35.

1900.] HASTINGS—POLICE POWER OF THE STATE. 455

road Company vs. Fuller were in each case an attack upon a law
of many years’ standing and one making what the courts styled
a ‘‘reasonable regulation.’’ Judge Bradley held until his death to
the position that the establishing of rates for railroad transportation
was not a regulation of interstate commerce, even as applied to
traffic going beyond the state, and that the amounts of such rates
was a wholly legislative question with which courts had nothing to
do. The maintenance of such a position together with the one that
subsequently became established, that the roads must do business
and accommodate the public or forfeit their franchises and have
their lines condemned, seems very difficult, and Judge Bradley and
those whom we shall find holding with him in this matter seem
never to have offered any reconciliation of the two.

In 1875 the case of * Welton vs. State of Missouri raised the
question of the validity of a statute which provided that any one
selling or handling anything

“not the produce of this state, other than books, charts, maps and sta-
tionery,”’

should be deemed a peddler and required to pay a license, no
license being required of those selling produce of the state. A
sewing-machine seller named Welton, whose’ machines were made
outside of the state, was fined $50, and after his case had been
affirmed by the state Supreme Court, appealed it to the one at |
Washington.

It was attempted to sustain the law by the argument that the
state could tax its own citizens in any way it pleased, and could put
aliens on an equality by a like tax on them. It was also claimed
to be a mere regulating or police license on a special occupation.
Judge Field in giving the opinion of the court declined to regard
as serious the claim of police power. He regarded the law as
simply an attempt to derive a revenue from foreign goods and quite
unconstitutional.

2

> «Tt would be premature to state any rule, which would attempt to be
universal in its application, to determine when the commercial power of
the government of a commodity has ceased and the power of the state
has commenced. It is sufficient to hold now that the commercial power
continues until the commodity has ceased to be the subject of discrim-
inating legislation by reason of its foreign character; that power protects

Well (OE Son ey fs aE, Ae
PROC. AMER. PHILOS. SOC. XXXIxX. 168. DD. PRINTED SEPT. 27, 1900.

456 HASTINGS—POLICE POWER OF THE STATE. [June 19,

it even after it has entered the state from any burdens by reason of its
foreign origin. The act of Missouri encroaches upon this power, and is
therefore, in our judgment, unconstitutional and void.”’

During this year also, in the *United States vs. Reese, the court
construed the fifteenth amendment and limited again the power
of Congress to legislate in matters of police within the states. It
held an act of Congress fixing a punishment for hindering or pre-
venting voting, which was intended to enforce that amendment, un-
constitutional, because the lawmakers had not distinguished between
discrimination on account of race and discrimination for other rea-
sons, and had assumed to act in reference to offenses against free-
dom of the national elections generally. Congress was held to
have power under this amendment only to act with reference to
race discriminations.

The decision is interesting as showing how slow the courts
were to turn power over to Congress which had belonged to the
states and how different the view of the effect of the constitutional
amendments in the Supreme Court from that in the Congress where
they originated. The dissenting opinions of Justices Clifford and
Hunt are especially interesting as showing how easily the act could
be so construed as to remove the objection ; and, indeed, the de-
cision is open to criticism as neglecting the general principle that
laws are to be pronounced unconstitutional by the courts, after they
have been duly adopted by the legislative body, only in plain cases.

Still in the same year, in *Henderson vs. Mayor of New York,
the old question of the Passenger cases came up again; and to
show how the amendments to the constitution were bringing back
all the old questions with such new features as legal ingenuity
could throw into them, the question now arose on an enactment of
the state of New York dating as far back as 1849 and apparently
passed to meet the objections to the law which was under considera-
tion and held bad in the Passenger cases.

The law provided that every carrier of passengers should, for
every one landed, either provide a bond in the sum of $300 to the
state of New York against his becoming a public charge within four
years or else commute such bond bya cash payment of $1.50,
so cents to be for the benefit of other counties in the state, and the
remainder to be expended by the commissioners of immigration for
certain purposes in New York city.

192 U. S., 214 (1875). 292 U.S.,,260 (1875);

1900.] HASTINGS—POLICE POWER OF THE STATE. 457

New York vs. Miln and the Passenger cases are held to show
that a state has police authority over incoming passengers, but the
exaction of a sum of money as a condition of their entry is an in-
vasion of federal authority. Judge Miller has no difficulty in
concluding that the requirement of a bond for the support of the
immigrant from a carrier is a mere pretext, when accompanied
with the provision for a commutation at so trivala sum. The real
purpose he finds is to exact the $1.50; under the decision in the
Passenger cases it would be void, but he declines to rest on that
judgment, given, as he says, by a bare majority of a divided court,
and with much disagreement among the concurring majority as to the
grounds of their action.

He thinks that the carrying of passengers is clearly commerce,
both as defined in Gibbons vs. Ogden and as shown by the vast
development of traffic since the date of that decision. He con-
cludes that in view especially of the latter fact the subject of intro-
ducing alien passengers requires a uniform rule throughout the
country, and therefore the control of that matter must be held to
have been given to Congress. He declines to recognize any
peculiar police power on the subject, and declares that nothing is
gained by calling the power under which the act is passed by that
name. He proceeds to show that very many statutes may be justi-
fied under any one of several so-called powers of the state, and
that no matter to what power of a state its action may be referred,
that action is void if it invade the domain of legislation belonging
exclusively to the United States. Thus while throwing down the
boundaries of any exclusive police power in the state, he, never-
theless, finds some ‘‘ exclusive ’’ powers in the United States.

The weakness of any theory of an essential difference in nature
between the powers of government has seldom been so displayed as
in the opinion of this case. He declines to say whether or how
far a state may protect itself against actual pauperism, disease, and
criminality among persons arriving from foreign countries. That
there is any distinction in nature and essential quality between
force of government applied to obtain from the master of a vessel
$1.50 for each passenger and the same force applied to compel the
same man to give information as to the number, character and
former domicile of such passengers, would seem hard to establish.

Evidently the court that is applying such a distinction must, as
Judge Miller says, ‘‘look to the effect of a statute for the test of its

458 HASTINGS——POLICE POWER OF THE STATS. [June 19,

constitutionality.’’ That would seem to be equivalent to saying
that the difference is not in the kind of power used but in the ob-
ject to which it is applied and the purpose of its application. And
the distinction between police power and taxing or commercial
power has still to be maintained when the ostensible purpose of
the collection of the $1.50 is merely to provide a guarantee fund
against pauperism just as the requiring of the information is to
guard against the same trouble.

The immediately following case of *Chy Lung ws. Freeman was
found by Judge Miller to differ from the last one in only two im-
portant particulars. The plaintiff in error was a prisoner held in
default of a bond of $500 to indemnify the counties and cities of
California against liability for her support within two years, and
the statute of California, unlike that of New York, did not require
a bond for each passenger but only for certain specified classes of
persons among whom were lewd women. To this class it was
claimed the plaintiff belonged.

Judge Miller * again looks ‘‘to the effect of a statute for the
test of its constitutionality.’’ He finds that

“if citizens of our own government were treated by any foreign nation
as subjects of the Emperor of China have been actually treated under this
law, no administration could withstand the call for a demand 9n such
government for redress; or if this plaintiff and her twenty companions
had been subjects of Great Britain, can any one doubt that this matter
would have been the subject of international inquiry, if not of a direct
claim of redress? Upon whom would such a claim be made? Not
upon the state of California, for by our constitution she can hold no ex-
terior relations with other nations. It would be made upon the
government of the United States. If that government should get into a
difficulty which would lead to war, or to suspension of intercourse, would
California alone suffer or all the Union? If we should conclude that a
pecuniary indemnity was proper as a satisfaction for the injury, would
California pay it to the federal government?’ .... ‘‘ The passage of
laws which concern the admission of citizens and subjects of foreign
nations to our shores belongs to Congress and not to the states. It has
the power to regulate commerce with foreign nations. The responsibility
for the character of the regulation and for the manner of their execution
belongs solely to the national government.”

He does not deny a right of the state to protect itself, ‘‘in the

192 U. S., 276 (1875). 2 P2798

1900.] HASTINGS—POLICE POWER OF THE STATE. 459

y)

absence of legislation by Congress on the subject,
ism and criminality from abroad.

against pauper-

“Such a right can only arise from a vital necessity for its exercise and
cannot be carried beyond the scope of that necessity. When a state
statute limited to provisions necessary and appropriate to that subject
alone shall in a proper controversy come before us, it will be time
enough to decide that question.”’

He finds the California statute, in the stretch of authority given to
the commissioner of immigration and in its requirement of a
bond ora money commutation, unnecessary, undesirable, and there-
fore unconstitutional.

Here we have the power to regulate foreign commerce and the
foreign relations of the Union coming in collision with an attempt
of California to regulate the admission of undesirable persons.
The court finds (1) that the national authority is paramount ; then
it finds that such authority is exclusive ; then it admits that there
might an emergency arise which would warrant the state in taking
action affecting these subjects, but finds that the action of the state
in this instance is not of a kind ‘‘ necessary or proper for this pur-
pose,’’ and the action of the state court is reversed and the law
wiped out. It cannot be denied that as Judge Miller says, both in
this case and in that of Henderson vs. New York, that the same
act may often be equally well attributed to any of several powers
of government. This, however, seems not to discourage continual
efforts to draw important consequences from a supposed distinction
between the essential natures of such powers.

In this same year, 1875, the well-known case of ' United States
vs. Cruikshank served, like that of United States vs. Reese, at
once to emphasize the doctrines of the Slaughter-house cases and
to indicate how far those cases were from answering the expecta-
tions of those who framed the fourteenth amendment and the
legislation connected with it, the civil rights and enforcement acts.

The defendants were charged in thirty-two counts with con-
spiracy under the sixth section of the enforcement act: (1) Band-
ing together to intimidate two citizens of the United States
persons of color with intent

“to hinder and prevent them in their exercise and enjoyment of their
lawful right and privilege to peaceably assemble with each other and
other citizens of the United States for a peaceful and lawful purpose; ”’

192 U. S., 542.

460 HASTINGS—POLICE POWER OF THE STATE. [June 19,

(2) to prevent the same persons bearing arms; (3) to deprive such
persons of their liberty without due process of law; (4) to deprive
them of the equal benefit of all laws and proceedings for the se-
curity of persons and property of white citizens; (5) to deprive
them of privileges and immunities secured to them as citizens of
the United States and of Louisiana on account of their color; (6)
to hinder and prevent their enjoyment of the right of suffrage ;
(7) to put in great fear and oppress such persons for having exer-
cised the right of suffrage, and (8) to prevent and hinder such
persons in the exercise and enjoyment of all the several rights and
privileges guaranteed them by the institutions and laws of the
United States.

Then there were eight counts that charged them with combining,
conspiring and confederating, instead of banding together as in the
first eight; then there were sixteen counts charging similar offenses
in other forms. ‘Three defendants were found guilty under these
first sixteen counts and not guilty under the other sixteen. They
moved for an arrest of judgment on the ground of the unconstitu-
tionality of the statutes on which the indictment was based and the
insufficiency of the indictment itself. There was a disagreement of
the judges of the Circuit Court, the presiding judge being of the
opinion that judgment should be arrested, and on a certificate of
such division of opinion the case came up for hearing in the Su-
preme Court.

The section of the statute on which the prosecution was based
provided that if two or more persons should ‘* band or conspire ”’
together, or go on the highway or the premises of another, with in-
tent to violate the act or to oppress or intimidate any citizen so as
to prevent or hinder his free exercise or enjoyment of any right or
privilege granted or secured to him by the constitution or laws of
the United States, or do the same because of his having exercised
such right, such persons should be guilty of felony and be fined not
to exceed $5000, or imprisoned not longer than ten years, or both,
and be ineligible to any office under the federal government.

Chief Justice Waite in deciding the case says :

“To bring this case under the operation of the statute, it must appear
that the right, the enjoyment of which the conspirators sought to prevent,
was granted or secured by the laws of the constitution of the United
States. If it does not so appear the criminal matter charged has not
been made indictable by any act of Congress.”’

1900. ] HASTINGS—POLICE POWER OF THE STATE. 461

He proceeds to say that there is a United States government and
there are state governments; that each one is distinct and has
citizens of its own ; that the same person may be a citizen of the
United States and of a state, but his rights under each will be dis-
tinct.

“The people resident within any state are subject to two governments,
one state and the other national, but there need be no conflict between
the two. The powers which one possesses the other doesnot. They are
established for different purposes and have separate jurisdictions. To-
gether they make one whole and furnish the people of the United States
with complete government, ample for the protection of all their rights at
home and abroad.”’

He admits that the same person may be amenable to both for the
same act, and instances a resistance to a United States officer as
violating at once the peace of the state and the national law, and a
counterfeiting of United States coin and passing it as exposing
the counterfeiter to a penalty under United States law and to pros-
ecution for fraud within a state.

“This does not, however, necessarily imply that the two governments
possess powers in common or bring them into conflict with each other.”

He goes again over the ancient ground of nothing belonging to
the national government except powers granted by the constitution
and that everything not so granted is left to state protection. The
right to assemble peaceably is found to depend upon state protec-
tion, so the first and ninth counts of the indictment go out. The
right to bear arms is indeed guaranteed against infringement in the
second amendment to the federal constitution, but the amendment
only restricted federal powers and did not affect the states, and as
against a state or its citizens this right has no guarantee in the fed-
eral constitution, and so the second and tenth counts were dis-
missed.

The third and eleventh counts for conspiring to deprive citizens
of life and liberty without due process of law are held equally bad.
The fourteenth amendment, to be sure, says that no state shall
make or enforce a law doing this, but the duty of protecting citi-
zen against citizen within a state rests with the state. The same is
true as to the equal protection of the law, of which an intent to de-
prive is charged in the fourth and twelfth counts. The constitu-
tional prohibition lies only against state action in that direction.

1062 HASTINGS —POLICR POWER OF THE ATATR, (June 19,

The sixth and fourteenth counts as to conspiring to prevent ene
joyment of the right of suffrage are held bac beenuse the constitu.
tion conters no right of suffrage as has been seen in the ease of
Minor as, Happersett; it only guarantees against diserimination on
account of color or previous servitude, and this is not alleged in the
counts, ‘The seventh and fifteenth counts are held no better for
they merely allege the putting in fear and oppression of the same
persons on account of having exercised the right to vote and with-
out stating faets of race diserimination to bring the ease within the
lerma of the constitution,

‘There remained the fifth and thirteenth, the eighth and sixteenth
counts under which also the defendants had been found guilty,
The fitth and thirteenth alleged a conspiracy on account of their
Afriean race and color to deprive the persons named of their several
rights and privileges and immunities granted and seeured to them
by the constitution of the United States as eitizens of the country
and of the state of Louisiana, ‘The eighth and sixteenth embraced
substantially the same thing without the clause as to African de-
seent and race and color, ‘These counts are held to be too vague to
inform the court or the accused what specific rights were claimed to
be invaded, or by what specific aets the invasion was accomplished,
and from them it could not be determined whether or not there
had been a specifie violation of law in any constitutional particular,
The judgment was therefore arrested and the defendants discharged,

The concurring opinion of Judge Clifford agrees in the eonelu.
sion but would rest it upon other defeets in the indictment, and
more particularly upon its indefiniteness, His view of the eonsti-
tution and of the privileges or immunities of a citizen of the United
Stites guaranteed by it apparently does not differ materially from
that announced by the court through Chief Justice Waite, ‘These
decisions together with the Slaughter-house cases have been some.
times called reactionary decisions of the court, and have sometimes
been thought, as was charged at the time, to have thrown away the
results of the war; that they prevented at least some of the results
of the constitutional amendments which were confidently expeeted
by the Congresses which proposed them and which passed the eivil
rights and enforcement aets is plain, Practically all the legisla.
tion of Congress on the subject was thwarted by the narrow con.
atruetion of the amendments adhered to by the court.

Vhat the construction of the court was that of the people at large

1900.] HASTINGS—POLICE POWER OF THE STATE, 468

is shown by the fact that no new attempts were made toward the
adoption of amendments that should give positive as well as nega-
tive power to the general government over matters of local police.
The conclusions of the court in that respect were never changed,
though, as was to be expected, when the court finally came to de-
cide upon what is in the amendments, rather than what is not,
more was found in them than their supporters in the first disap-
pointment thought was left after these decisions. ‘The court, after
first holding that the amendments had caused no sweeping change
in the relations of the state and federal governments, proceeded to
develop the meaning of them with results that we shall presently
see.

464 HASTINGS—-POLICE POWER OF THE STATE. [June 19,

CHAPTER IX
REGULATING THE USE OF PROPERTY Not A FORBIDDEN TAKING.

The principles suggested by the cases of Railroad Company vs.
Fuller and Railroad Company vs. Maryland were now to be ex-
tended preparatory to a later abridgment. *In Munn gs. Illinois
began another judicial contest inside the federal Supreme Court,
this time over the employment of the police power of the state to
regulate charges in ‘‘ employments charged with a public interest.’’
The doctrines of Railroad Company vs. Fuller and Railroad Com-
pany vs. Maryland, when they commenced to be extended and their
consequences perceived, began at once to be questioned by mem-
bers of the court, although there had been no dissent in either of
those cases.

The State of Illinois has a constitution expressly declaring all
elevators and storehouses where grain is stored for a compensation
public warehouses, and requiring the legislature to pass laws for the
inspection of grain for the protection of producers, receivers ‘and
shippers of grain and produce. In 1871 a law was enacted to
carry this constitutional provision into effect. This law among
other things required the proprietor of every such public ware-
house to obtain a license and provided a penalty of $100 for each
day’s business done without a license. It was also provided that
no such public warehouse should charge for the storage of grain
more than a certain fixed price.

In 1872 an action was commenced against Munn & Scott, of
Chicago, the managers of a large elevator there, charging that they
unlawfully transacted such business without procuring the license
required. It was agreed at the trial that Munn & Scott had com-
plied with the law in every respect but two: that they had taken
out no license and given no bond, as was required, and that they
had also continued to charge rates of storage in use before the law
was adopted and greater than the ones fixed by the law. They
were found guilty and fined. This judgment was affirmed by the

194 U. S., 113 (1876).

1900. ] HASTINGS— POLICE POWER OF THE STATE. 465

Supreme Court of the state, and the defendants took the case by
error to the Supreme Court of the United States.

They asserted that so much of the statute as attempted to require
the obtaining of license and giving of bond, and to fix a fine if this.
were not done, and to establish maximum rates of storage was
unconstitutional and void ; that they were an infringement of sec-
tions 8 and g of article 1 of the federal constitution giving Congress
the power to regulate commerce between the states and requiring
that no preference be given to the ports of any state, the elevator
being confessedly an instrument of interstate commerce. It was
also claimed that the fourteenth amendment, in declaring that no
one should be deprived of property without due process of law,
prevented any such reduction by statute of rates of storage which
the elevator had collected for many years.

In opposition to this assertion of rights in the elevator company
the police power of the state was invoked, and all the cases before
mentioned in this discussion cited and a great many more. The
question considered by the court is stated by Chief Justice Waite
in the following terms:

1 «The question to be determined is whether the general assembly of
Illinois can, under the limitations upon the legislative power of the
states imposed by the constitution of the United States, fix by law the
maximum of charges for the storage of grain in warehouses at Chicago,
and other places in the state having not less than 100,000 inhabitants, in
which grain is stored in bulk and the grain of different owners mixed
together in such a manner that the identity of different lots cannot be
preserved.”

He considers, first, the objection that the law is a violation of
the fourteenth amendment, and as this provision, while new in the
constitution of the United States is as old as Magna Charta and
has formed a part of every state constitution adopted in America,
he finds plenty of precedents as to its application. He declares
the state legislatures now possess all the supremacy of the Parlia-
ment of Great Britain, except so far as they are limited by having
granted out of such supremacy the power held by the federal gov-
ernment, and so far as certain powers are, by the terms of the state
constitutions, retained by the people. He has no difficulty in
showing that the power to regulate charges for various quasi-public
employments has always been asserted by both English and Ameri-

194 U7. S., 123.

466 HASTINGS—POLICE POWER OF THE STATE. [June 19,

can governments and that such regulations had never been deemed a
deprivation of the property involved within the meaning of this
provision of Magna Charta and of the state constitutions.

The claim that the owner is entitled to a reasonable compensa-
tion for the use of his property, and that the question of what is a
reasonable return is a judicial and not a legislative question, is met
by an appeal to precedent again ; and again it is answered that it
had been uniformly treated as belonging to the legislature. The
chief justice admits that the power is liable to abuse, but declares
the remedy for such abuse must be sought at the polls and not in
the courts.

The claim that the legislation was an infringement on the
power of Congress to regulate interstate and foreign commerce is
disposed of by saying that the elevator was not exclusively an
instrument of such commerce ; that it must be considered as sub-
ject to the local government in whose jurisdiction it stood ; and,
unless the requirements of such local government clashed with
congressional legislation as to commerce, any such requirements
made in good faith, in exercise of the proper powers of local gov-
ernment, must be upheld, even though they indirectly affected inter-
state and foreign commerce.

Justices Field and Strong dissented. They thought the business
of storing grain a purely private one. As Judge Field says in
the opinion:

“The public are interested only as they are interested in the storage of
other products of the soil or of manufacture.’

They thought the doctrine of the court might fairly be con-
strued to mean that whenever a business was useful and therefore
important to the public its compensation could be regulated :

‘“The doctrine of the state court, that no one is deprived of his prop-
erty within the meaning of the constitutional inhibition so long as he
retains its title and possession, and the doctrine of this court, that when-
ever one’s property is used in such a manner as to affect the public at
large it becomes by that fact clothed with a public interest and ceases
to be juris privati only, appear to me to destroy for all useful purposes
the efficacy of the constitutional guaranty.”

erhaps, in all the decisions which have been rendered upon
this subject, the nature of the contest between the police power and
the terms of the constitutions has never been brought out more

1900.] HASTINGS—POLICE POWER OF THE STATE. 467

distinctly than in these two opinions. It would be hard to find any
place where it is more distinctly to be seen that the real question
is whether the actual guarantees for the enjoyment of individual
and property rights and the limits to such enjoyment shall be
sought in common-law precedents or shall be found inthe terms of
our written constitutions.

It is to be said that in finding judicial decisions to support
their assertion that to impair the use of property is to deprive
the owner of it the dissenting judges were not very successful.
The truth is, as Mr. Sedgwick quite clearly pointed out in his
work on *? Zhe Construction of Statutory and Constitutional Law
in 1857, interferences with the use of property for reasons of
police have not been held to be a taking, nor to be subject to
the inhibition of Magna Charta or that of state constitutions.
Nor are they very fortunate in trying to establish a distinction be-
tween the effects of this law and others, as, for instance, usury
laws. They found themselves compelled to resort to what they
themselves, as judges, would unsparingly condemn in advocates.
They make use of the general expressions in favor of the sacredness
of property and personal rights to be found employed by the courts
in the discussion of cases of a quite different character from that
they had under consideration.

The real distinction, more or less consciously underlying all the
precedents, that legislation of this character is to be deemed good
and constitutional if it is a real exercise of a true function of the
state in providing for the general welfare and in guarding against
a real overcharging of those who are not ina position to protect
themselves, and is void if merely a more or less complete confis-
cation, seeking to disguise itself as such regulation, did not yet
clearly develop itself.

The next case, the * Chicago, Burlington & Quincy Railroad Co.
vs. lowa, passed upon at the same session in an opinion also by
Chief Justice Waite, applies the same reasoning in all respects and
very briefly to the Iowa law establishing maximum rates of charge
for transporting passengers and freight.

This law, also, was resisted as being an impairment of the con-
tract in the charter of the road as well as for all the reasons urged.
in Munn gs. Illinois.

1 P. 435, Pomeroy’s ed, OPI. Se M55.

468 HASTINGS—POLICE POWER OF: THE STATE. [June 19,

The objection that the law infringed upon the power of Congress
over interstate commerce was especially urged. The chief justice
found no difficulty with the charter provision. No immunity from
such legislation was expressly given, and it could not be, construc-
tively. The claim that the company was deprived of property
without due process of law and that the legislation infringes on the
exclusive domain of Congress, inasmuch as the railroad was an
instrument of interstate commerce, was set aside for the same rea-
sons as in the preceding case :

“This road, like the warehouse in that case, is situated within the limits
of a single state. Its business is carried on there and its regulation a
matter of domestic concern. It is employed in state as well as interstate
commerce, and, till Congress acts, the state must be permitted to adopt
such rules and regulations as may be necessary for the promotion of the
general welfare of the people within its own jurisdiction, even though in
so doing those without may be indirectly affected.”

Judges Field and Strong again dissented, but gave no opinion.

The third of the Granger cases at this term was ' Peck vs. The
Chicago & Northwestern Railway Co. This case held that the
doctrine of the former two and the statutes of Wisconsin fixing the
rates of transportation must apply to the railway company, al-
though it was formed out of the consolidation of certain Wisconsin,
railroad corporations with Illinois corporations, on the terms of
compliance with Wisconsin laws when operating in Wisconsin. It
was held that this fact of consolidation with a corporation of
another state could not deprive the state of its right of control.

In the case of the * Winona & St. Peter Railroad Co. vs. Blake
it was held that the company having accepted its incorporation as
a common carrier was bound to carry freight when offered for
the lawful compensation fixed by the state. In *Chicago, Mil-
waukee & St. Paul Railroad Co. vs. Ackley it was held that the
company could not recover more than the maximun rate allowed by
statute, even upon showing that such additional charge was reason-
able and inherently just.

In *Stone vs. Wisconsin a judgment of the state court that the
provisions of the state constitution of 1848 under which Wiscon-
sin was admitted to the Union, that

194.0. S., 164 (1876). 394 Ou S3,)07 0:
2 Id, 180 (1876). 4 Zd,, 181 (1876).

1900.] HASTINGS—POLICE POWER OF THE STATE. 469

‘call laws creating corportations may be altered or repealed by the legis-
lature at any time after their passage,”

applied to a statute passed before such constitution, but whose
provisions were not accepted until after such passage was affirmed.

This was the last of these Granger cases and Judge Field, with
whom concurred Judge Strong, filed a dissenting opinion, that by
the result of these cases the railroad companies were ‘‘ practically
placed at the mercy of the legislature of every state.’’ They
argued against the result as destroying the value of bonds and
mortgages and impairing the obligations of contract, but again
without suggesting the true limit between spoliation and regulation.
In fact, no question of such distinction was raised in these cases.
The plaintiff roads were resisting all regulation of rates.

That much of the alarm of corporate capital at this extension
or, at least, assertion of police power in the states, was due to these
dissenting opinions, which, be it remarked, found no fault with the
justice of the result reached in these individual instances, seems
clear. In truth, the cases were not instances of oppression ap-
pealed against by the roads. It is impossible not to recognize at
once, in their varied character, in the different roads involved, the
questions raised and the manner of objections, that they were
brought by the great lines of the Northwest under a more or less
conscious prearrangement, not by way of resisting actual oppres-
sion, but to procure from the Supreme Court of the United States
an expression limiting the powers of the state legislatures and set-
ting these great interests substantially above such powers.

Actual hardship was in no case seriously attempted to be shown.
It appears clearly enough that to be required to show any hardship
was deemed a most serious one by the corporate interests involved.
That the court under such circumstances asserted in emphatic
terms the authority of the legislature’ was a great public service.
If it did so somewhat too strongly it is to be remembered that the
time to assert limiting doctrines is when the legislative authority
has been established and is really abused or threatened to be.

The following year, in *Shields vs. Ohio, the right of the state to
prescribe a maximum rate came again before the court under a
slightly different phase. ‘Two companies had consolidated, one of
which by its charter was exempt from such legislation, and one not.

ido Ci S:, 319) (1877).

470 HASTINGS—POLICE POWER OF THE STATE. [June 19,

The question was whether the consolidated company was subject to
such requirements. The controversy arose upon that part of the
line which by the terms of the original charter was not subject to
such legislation ; the court held, however, that the consolidation
created a new corporation subject to such legislation as the consti-
tution of the state at the time of the consolidation permitted it.
Justices Field and Strong again dissented on the general ground
that the state legislature had no authority to prescribe maximum
rates to the company while continuing its existence and manage-
ment of the line agreed in the original charter not to be subject to
such action.

Another railroad case in this year, 1877, is of special interest
because of the change that the court found itself compelled to
make a few years later in its rulings on the same subject. - One
1 Husen brought suit against the Hannibal & St. Joseph R. R. Co.
for damages alleged to have been incurred because of the violation
by the company of an act of the Missouri legislature in relation to
“¢ Texas, Mexican or Indian cattle.’’ ‘The law in question provided
that between March 1 and November 1 of each year no such cattle
could be brought into or remain in the state, unless kept the en-
tire previous winter in the state. They might be taken through the
state on cars or boats, but the transportation companies should be
liable for all damages resulting from Spanish or Texas fever along
the line of transportation and the existence of the disease along
such route should be gvzma facte evidence that it came from such
transportation.

At the trial it was objected that the act was in violation of the
constitution and an attempt by a state to regulate interstate com-
merce. It was earnestly argued and the numerous holdings as to
quarantine powers and the right to prohibit the carrying of detri-
mental articles all cited. Judge Strong, however, in passing on the
case found only the question raised whether the act was a regulation
of commerce and so void as infringing upon the powers of Con-
gress under the constitution. He found that the statute, since it
absolutely prevented the importation of healthy cattle during two-
thirds of the year, put a burden upon such cattle when merely carried
through the state and must be regarded as a regulation of commerce,
unless it could be justified as a measure of police.

195 U. S., 465.

1900. ] HASTINGS—POLICE POWER OF THE STATE. 471

Citing the cases of * Henderson vs. Mayor and ? Chy Lung vs.
Freeman, he says that in the first a statute which was sought to be
justified as a measure to prevent the introduction of paupers and in
the second one that pretended to exclude lewd women were each
held bad, because they were applied to all passengers indiscrimin-
ately and were manifestly intended to be a tax on such commerce
and their police character was a mere pretext. He cites the cases
holding that such a statute is a police regulation and which refused
to inquire whether it does not go beyond legitimate police action,
but declares that question is not one for the legislature only:

“The police power of the state cannot obstruct foreign commerce, or
interstate commerce, beyond the necessity of its exercise.”

Under color of it, objects not within its scope cannot be secured at
the expense of the protection afforded by the federal constitution.
The trouble with this determination was eventually found to con-
sist in the fact that the law was a genuine application of the police
power. The cattle in question, it has now long been known, even
if themselves healthy, are liable during the warm months to com-
municate the fever to native cattle. The statute was not, in fact, as
Judge Strong wrongly concludes, the result of commercial jealousy
and an effort to give an advantage to the Missouri cattle raiser. It
is noteworthy in this case, which had ultimately to be practically
abandoned, though not formally overruled, that the relation between
the powers of the state and the federal constitutions are much more
accurately set forth thanin the Granger cases. An examination of
the decision makes the reason clear. The police power and the
commerce clause had been disputing for half a century. The
fourteenth amendment was a new antagonist. Chief Justice Waite
in deciding the Granger cases could not pick out his principles
from preceding ones, as Judge Strong, in passing upon this one of
Railroad Company vs. Husen, could take his from all the long line
of precedents in the federal court.
' The police power and the commerce clause of the federal consti-
tution collided again in *Hall vs. DeCuir in this year of 1877.
The legislature of Louisiana had enacted that no one be refused ad-
mission to public conveyances or expelled from them by reason of
discriminations on account of race or color, or for any reason ex-
cept failure to pay fare, bad character or bad conduct in certain

192 U.. S., 259. 2705275: 895 U. S., 485 (1877).
PROC. AMER. PHILOS. SOC. XXXIX. 163, EE. PRINTED SEPT. 29, 1900.

472 HASTINGS—POLICE POWER OF THE STATE. [June 19,

particulars, and that any one so refused, expelled or discriminated
against might recover exemplary damages of the offending party.

Benson, the owner of a steamboat plying between New Orleans
and Vicksburg, took on board at the former city Mrs. DeCuir to
convey her to Hermitage, Louisiana, and because he refused her
the privilege of the cabin reserved for white ladies she sued and re-
covered a thousand dollars. Benson insisted that he was engaged
in interstate commerce and that the act of the Louisiana legislature
could not affect him. After his death his administrator appealed
the case to the Supreme Court of Louisiana, and when the judg-
ment was there affirmed took it to Washington.

Chief Justice Waite gave the opinion :

‘There can be no doubt but that the exclusive power has been conferred
upon Congress in respect to the regulation of commerce among the
several states. The difficulty has never been as to the existence of the
power, but as to what is to be deemed an encroachment upon it, for, as
has been often said, legislation may, in a great variety of ways, affect
commerce without being a regulation of it within the meaning of the con-
stitution. It would be useless to undertake to fix an arbitrary rule by
which a line must in all cases be located. It is far better to leave a
matter of such delicacy to be settled in each case upon a view of the par-
ticular rights involved.”

This seems very like saying that the power of Congress is exclu-
sive, but nobody has ever been able to find out just what it ex-
cludes. The chief justice adds :

“‘ But we think it may be safely said that state legislation which seeks to
impose a direct burden upon interstate commerce, or to interfere directly
with its freedom, does encroach upon the exclusive power of Congress.
The statute now under consideration in our opinion occupies that posi-
tion. It does not act upon business through the local instruments to be
employed after coming within the state, but directly upon the business as
it comes into or goes out from within.”

Attention is called to the fact that the Mississippi river borders
upon ten states and is a highway for them all, and the conclusion
is reached that its commerce must be kept free of such local legisla-
tion. Judge Clifford, in a concurrent opinion holding that the
power of Congress is exclusive and the states have no authority un-
less the nature of the subject or the terms of congressional legislation
leave something to them, once more contributes to the endless
discussion of the relations between the cases of Gibbons vs. Ogden

1900°] HASTINGS—POLICE POWER OF THE STATE. 473

and Wilson ws. Blackbird Creek Marsh Company. He finally
reaches the conclusion that Judge Marshall saw no opposition be-
tween the two and that the latter case was considered by him to be
so remotely connected with commerce that the state’s local legisla-
tion under consideration in it was wholly within the police power
of the state.

As to this, it may be said that the most careful reading of Black-
bird Creek Marsh Company case will fail to show that any such
sharp distinction between commercial and police powers was in the
mind of Chief Justice Marshall. That he did not regard the two
cases as conflicting seems certain. ‘That he had expressly declined
to decide in the first that the unexerted power of Congress is exclu-
sive of that of the state would seem reason enough for his so
thinking.

In this same year of 1877, in the case of ‘Pensacola Telegraph Com-
pany vs. The Western Union Telegraph Company, it was decided
that while ordinarily corporations might be excluded at will from a
state, as the previous cases of ?Paul vs. Virginia and *Bank of
Augusta vs. Earl had determined, yet telegraph companies were by
-act of Congress permitted to set up lines along all post roads and
all railway lines were post roads, therefore the Western Union
Telegraph Company could lay its lines along a Florida railway,
even where a Florida company had from the state an exclusive
franchise to do so. Judge Field filed an energetic dissenting
opinion from this decision and its plain consequences, viz., that
Congress could legislate any kind of a transportation company into
any state in defiance of its laws. But from this time the doctrine
that transportation agencies authorized by Congress may not be ex-
cluded from a state by its legislature was firmly established.

At this term of the Supreme Court the case of *Railroad Com-
pany vs. Richmond held in terms that

“appropriate regulation of the use of property is not taking it within the
meaning of the constitutional prohibition.”

The Richmond, Fredericksburg & Potomac R. R. Co., incorpo-
rated in 1834, had been then authorized to place on its road all
machines, vehicles, carriages, wagons and teams necessary or proper
for transportation, and required to furnish transportation for per-

E96 0G S:,) I: 79) Fer,y B10:
28 Wall, 168. 4°96: O5.S.5 529:

474 HASTINGS—POLICE POWER OF THE STATE. [June 19,

sons and property at rates allowed by the charter. It was admitted
into the city of Richmond by special resolution of the city board
authorizing its location on certain lines.

When first commencing operation the railroad company was in-
volved in a controversy with the city authorities as to the drawing |
of trains with steam power through the city and across Broad street
to depot and grounds across such street, but was permitted to do so.
In 1874 an ordinance of the city was passed forbidding to the com-
pany any use of locomotives on a certain portion of their track
across and east of Broad street, and providing a penalty of ¢100 to
$500 for violation of the ordinance. Upon judgment for the pen-
alty being rendered in the state courts the matter was taken to the
federal Supreme Court and the action upheld.

‘All property within the city is held subject to the legitimate control of
the government, unless prohibited by contract rights, which is not the
case here. Appropriate regulation of the use of property is not taking it
within the meaning of the constitutional prohibition.”

It is also held that as the plaintiff railroad company alone had
authority to run cars across Broad street, the fact that it alone was
forbidden by the ordinance from using steam power for such pur-
pose would not make the ordinance a denial to the company of
equal protection of the laws.

At this same session of 1877, the case of 'ex parte Jackson was de-
cided. ‘The petitioner for writ of habeas corpus and certiorari,
Jackson, had been convicted of sending through the mails a circular
advertising a lottery, in violation of a statute of the United States
providing that lottery advertisements should not be sent through
the mails, and that one who would knowingly send them with in-
tent to defraud should be fined. He claimed that the statute was
unconstitutional and not warranted by any power in Congress,
that it was only competent for Congress to make necessary arrange-
ment for the management of the post roads in the carriage of the
mails, and that the protection of the people from fraud was no part
of its jurisdiction.

The court carefully guards the constitutional rights of citizens
to be exempt from unreasonable searches and seizures, and affirms
that this provision extends to protection of sealed matters in the
mails. But it is declared to be in the power of Congress to say

196 U. S., 7.27.

1900. ] HASTINGS—POLICE POWER OF THE STATE. 475

what shall be carried and how, and to provide a punishment for at-
tempting to use the mails unlawfully. The court thought the free-
dom of the press sufficiently vindicated by asserting that Congress
had no power at the same time to refuse to carry by mail printed
matter and to forbid its diffusion by other means. So it was held
that the conviction was warranted. Congress could not authorize
an inspection of sealed matters except upon a warrant duly issued
for such purpose, but it might forbid the transportation of obscene
or fraudulent matters, and if they were unsealed could ascertain
their character by the inspection of the postal officers and employés.

The old dispute between President Jackson and Senator Calhoun
over the former’s ' proposition to exclude anti-slavery publications
from the mails in slave states, and the conclusion that Congress
had no such power, was brought forth to aid the petitioner. The
court says, however, that the conclusion then reached rested upon
an assumption that if Congress had such power, it had also the
power to forbid the circulation of printed matter in the states by
other means than the mails, at least over postal roads, and all roads,
waterways and railroads might be declared postal roads, and Con-
gress thus be invested with authority to prohibit absolutely the
circulation of anything of which it might disapprove. This as-
sumption the court denies and, therefore, the conclusion from it—
that all such laws were invalid.

The idea often propounded, and which derives support from ex-
pressions of the federal Supreme Court, to the effect that the police
power is exclusive and belongs to the state, and that no such power
pertains in any degree to the federal government, could not well
get a harder blow than this decision. Evidently the court con-
cluded that the only distinction between powers of government is
in the subjects to which they were applied, and consequent varia-
tions of the manner of exercising them. The use of the power to
establish post offices and post roads, incidentally to protect the
people of the states from lottery enticements, would seem to show —
conclusively enough the difficulty in finding any other ground of
distinction between powers. Perhaps the same thing will appear a
little more plainly in the Debs case.

In this year of 1877, too, the principles of * Bartemeyer vs. Iowa
were reaffirmed in briefer terms and without the cautious limita-

1 Annual Message 1835, Messages, etc., of Presidents, Vol. iii, p. 175.
2718 Wall, 129.

476 HASTINGS—POLICE POWER OF THE STATE. [June 19,

tions as to the effect of prohibitory laws upon property already in
existence. In case of * Beer Co. vs. Massachusetts the plaintiff did
not attempt to change the ruling in the Iowa case, but only to dis-
tinguish from it. The plaintiff had been chartered as a brewing
company in 1828 by the state of Massachusetts. That state had
passed a prohibitory liquor law substantially like the one examined
in the lowa case. The Beer Company claimed that the state had
no power to practically destroy its franchise by forbidding abso-
lutely the sale of its products in Massachusetts.

It was held, in the first place, that the state of Massachusetts
having reserved the right to change or repeal the company’s char-
ter, the exercise of that right even to the extent of forbidding the
sale of the company’s products was no violation or impairment of
the obligation of any contract. It was further held that such
reservation was unnecessary. On the authority of Boyd ws. Ala-
bama, 9g U. S., 645, it was declared that forbidding the sale of
intoxicating liquors was such a police act as no legislature could sell
or bargain away the right to do, and that such a law does not in
itself in the case under consideration violate any provision of the
constitution of the United States, neither fourteenth amendment
nor commerce clause. Evidently appropriate legislative action as
to the use of property is not a taking.

SOW (OB yn 253

1900.] HASTINGS—POLICE POWER OF THE STATE. A477

CHAR THE 2.
DEVELOPMENT OF THE FOURTEENTH AMENDMENT.

Among the early cases decided in 1878 was ' Cook vs. Pennsyl-
vania. A statute of that state passed in 1853 and modified in 1859
required every auctioneer to pay into the state treasury a percentage
on all his sales. Seven hundred and fifty-seven and 83-too dollars
was claimed of Cook on certain foreign merchandise sold by him in
the original packages. He declined to pay; and the federal court
said he need not, that the law was so far a state tax on imports as
to be void and would not be justified as either a police regulation
or the sale of a state franchise. ‘This seems to us so inevitable a
conclusion that the fact of the law remaining unchallenged for a
quarter of a century shows the slowness of perception of the federal
constitution’s effect on the states.

In the same year the federal court touched the police power in
? Fertilizing Co. vs. Hyde Park, this time by way of a modification
of the Dartmouth College case. The legislature of Illinois had
granted the plaintiff company a charter to locate its chemical works
and carry on for fifty years the business of converting offal from
the Chicago slaughter-houses and from dead animals into fertilizers
in Cook county and south of the dividing line of townships 37 and
38. They. so located their plant, and bought land which after-
wards came within the village of Hyde Park. The people found
their business a nuisance An ordinance of the village forbade the
carrying of such material or products through its streets or on the
railroads through it. The company sought to enjoin the execution
of the ordinance. ‘The state courts refused to doso. It took the
case to the federal Supreme Court, asserting that its charter was a
contract and the ordinance a violation of it.

The majority of the court held, in the first place, that there was
no express contract providing in terms that the village of Hyde
Park should not interfere with them, and, in the second place, that
if there had been, it would probably be void as an unauthorized

197 U. S., 566. 2 /d., 659.

478 HASTINGS—POLICE POWER OF THE STATE. [June 19,

limitation of the police power, citing * Beer Co. vs. Massachusetts.
Justice Miller concurred for the former reason, and because he
thought the ordinance left the company room enough still to carry
out the terms of the charter outside of the village and within the
boundaries fixed by law. Justice Strong dissented altogether. He
shows, as it would seem unanswerably, that the company was author-
ized by the state to carry on its business at amy point south of a
certain line in Cook county for fifty years; that it had its business
located and its arrangements made under this franchise, and to
carry on this business it was necessary to do things which the ordi-
nance forbade. He thought the state could not authorize its
municipality to prevent the very thing which the state itself had
agreed to permit, without impairing the obligation of the contract
in the charter. He repudiated the second ground of the decision
in Beer Co. vs. Massachusetts, and was for applying undiluted the
doctrine of the Dartmouth College case.

He seems to have stood alone among the judges. The case has
been and is upheld, but it can only be upon the ground that the
Dartmouth College case is modified to the extent that a charter
is never to be construed to grant away the police power of the
state enacting it. While the police power still remains as indefinite
a term as the courts have heretofore made it, it is evident that a
large portion of the Dartmouth College case is shorn away.

In the case of ? Transportation Co. vs. Chicago the court again
touched upon that burning question in the Granger cases, whether
action of the state affecting the use of property was to be consid-
ered a deprivation of it, and again were constrained to deny such
conclusions. The city had built a tunnel under the Chicago
river, and in doing so, the Transportation Company claimed, had
weakened the support for the walls of the latter’s buildings. It also
claimed that by reason of a coffer-dam in the river, built to aid the
excavation of the tunnel, access to the company’s dock had been
impeded.

The court finds no ground of complaint on either account ; both
street and river are declared to be public highways and under the
jurisdiction of the city. If, without actually invading the Trans-
portation Company’s lots the city impaired the company’s use of
its property, no cause of action arose.

197 U, S.5 25. 2.99 U. S., 635 (1878).

1900.] HASTINGS—POLICE POWER OF THE STATE. 479

In the year 1879, in * Tennessee vs. Davis, the right to remove a
criminal case from state to United States courts when defense of
acting under federal law is set up was passed upon. James M.
Davis, a deputy revenue collector of the United States, was in-
dicted for murder in Grundy county, Tennessee. He applied to
the Circuit Court of the United States for that district to remove his
case into that court, on the ground that the act of shooting for
which he was indicted was in necessary self-defense while he was in
the official service of the United States.

The judges of the Circuit Court disagreed as to whether such an
indictment was removable under section 643 of the United States
revised statutes, and whether, if removable, there was any pro-
cedure for trial of it, and whether such a trial of the indictment
could be had in that court. The Supreme Court, in an opinion
by Justice Strong, answers all three questions in the affirmative.

They find the statute provides for removal of the case; that the
general procedure of the Circuit Court is adequate to its trial. The
existence of this power is affirmed onthe ground of its necessity in
order that state action may not paralyze the federal government.
Justice Clifford, with whom concurred Justice Field, dissented in
a careful opinion, whose main position was that jurisdiction had
been given to United States courts by the constitution only over
offenses against the United States authority. The right of removal
in this case was asserted because of the claim that the defendant’s
action was justified by United States law and his duty as an officer.
The authority to take the prosecution of an offense which was
solely against the laws of a state out of the hands of that state and
its courts was earnestly opposed.

Justices Clifford and Field return almost to Taney’s definition of
the police power :

“State police, in its widest sense, comprehends the whole system of
internal regulation by which the state seeks not only to preserve the
public order and to prevent offenses against her authority, but also to
establish for the intercourse of one citizen with another those rules of
justice, morality and good conduct which are calculated to prevent a
conflict of interests and to insure to every one the uninterrupted enjoy-
ment of his own as far as is reasonably consistent with a like enjoyment
of equal rights by others.”

1700 U. S., 257 (1879).

480 HASTINGS—POLICE POWER OF THE STATE. [June 19,

Judge Chase’s holding in*The United States vs. DeWitt, that
Congress has no authority of this kind within a state, is cited.

Nevertheless, the decision stands, and its authority is no longer
questioned. We shall even see it extended in ?Davis vs. South
Carolina. The right to sucha removal is to-day unchallenged,
showing once more how impossible is the putting of any but
practical limits to the extent of authority. No theoretical conclu-
sions as so the nature of police powers or their exclusive inherence
in the states can maintain themselves against the practical needs
and actual power of the general government.

In the succeeding cases of the same year, *Strauder vs. West
Virginia, * Virginia vs. Rives, and ° ex parte Virginia, the four-
teenth amendment and the negro problem, and the relations of
both to the power of the states, came forward once more. The
first was a holding that a state law confining jury service to male
white persons was a violation of the provision of the fourteenth
amendment that forbids a state to make or enforce a law denying
to any person ‘‘ the equal protection of the laws.’’ Strauder, a negro,
had been found guilty of murder by a white jury selected under such
a law. He had objected to such a trial and demanded that his
case be transferred to the United States courts, which was re-
fused. The West Virginia Court of Appeals having confirmed his
sentence, the case was taken to the United States Supreme Court,
which reversed the Court of Appeals and set the sentence aside. It
was held that Strauder had a right to remove the case to the
United States Circuit Court to procure a vindication of his constitu-
tional rights. ;

In Virginia vs. Rives, Burwell and Lee Reynolds, both colored,
were indicted for murder and demanded a jury in part composed
of colored persons. This was refused, and they applied for a re-
moval of their case to the federal court. This was refused, and
they were tried and convicted. Being given a new trial in the
state court, they again presented their claim for removal under
the United States statute which provided for it where one is de-
nied a right guaranteed by United States laws or constitution,
or is unable to enforce the same in state courts. They were
again refused and one convicted, the jury disagreeing as to the
other.

19 Wall, 41. $100 W.S.,8303.

Sb, (C8 hn XOb/6 cd by hich
® Ld., 339 (1879).

1900.] HASTINGS—POLICE POWER OF THE STATE. 481

At this stage of the proceedings their petition for removal was
docketed in the United States Circuit Court and a writ issued to
put them in the custody of the marshal. Then, without any mo-
tion to remand the case, the commonwealth of Virginia applied
to the United States Supreme Court for a writ of mandamus to
the circuit judge and marshal to return them. The court found
the proceedings of the state in making the application proper,
found that the law of Virginia made no discrimination among
its citizens, white or black, as to jury service, and held that if
the officers made such discrimination the appeal was, in the first
instance, at all events, to the state authority, and that there was no
case for removal, and they were directed to be returned to the state
authorities. |

Judge Field filed a concurring opinion. With his brilliant dis-
cussion in it of the writ of mandamus we are not much concerned,
but he held that the act of Congress, so far as it attempted to give
the United States courts jurisdiction to enforce state laws, was invalid
and unconstitutional. The constitution had fixed the limit of the
judicial power of the nation and had confined it to cases arising
under the laws and constitution of the United States. Neither
words nor implication extended it to cases arising under the laws
of the several states. The downfall of nearly all the civil rights
legislation of Congress is here distinctly prefigured. In ex parte
Virginia, however, the next case, a portion of such legislation was
sustained. J. D. Cole, county judge of Pittsylvania county, Va.,
was indicted and placed in the custody of the United States mar-
shal of his district for excluding colored citizens from juries, whose
selection was a part of his duties. He applied to the Supreme
Court for a writ of habeas corpus, and the state of Virginia also
applied for his liberation that he might discharge his ordinary
duties.

The court concluded it was proper practice if a case for his re-
lease had been made out, but held that the act of Congress of
March 1, 1875, section 4—that no citizen should be disqualified
for jury service on account of race, etc., and that any officer who
should exercise any such discrimination in selecting jurors should be
fined not exceeding five thousand dollars—was constitutional, Judges
Field and Clifford again dissenting.

The law they thought unconstitutional for lack of power on
the part of Congress to interfere with such a purely local concern

482 HASTINGS—POLICE POWER OF THE STATE. [June 19,

as deciding who should and who should not serve as jurors. They
thought that it was a political, not a civil, right, and like the right
to hold an office, dependent on the will of the state.

The next *case was also a petition for a writ of habeas corpus.
The act of May 31, 1870, and its supplementary act of May 28,
1871, known as the enforcement bill, was in question. Among its
provisions were some making it a penal offense against the United
States for an officer at an election for congressmen to do any act
unauthorized by law, or make fraudulent certificates, or interfere
with any other election officer in regard to such election. The
petitioners, Siebold e¢ a/., were indicted in the United States Dis-
trict Court of Maryland for violating this law while serving as
judges of election in the city of Baltimore by putting in false
ballots and making false returns.

It was argued that Congress must either provide for the entire
management of elections or let the states do it. Judge Bradley,
who rendered the decision, did not find such a meaning in the
constitutional provision that Congress might not make or alter
regulations for congressional elections :

>The more general reason assigned to it, that the nature of sover-
eignty is such as to preclude the joint codperation of two sovereigns in
matters in which both are mutually concerned, is not, in our judgment,
of sufficient force to prevent concurrent and harmonious action on the
part of the national and state governments in the election of representa-
tives. It is af most an argument ad zmconveniente.”

“There is nothing in the constitution to forbid such codperation. If
the two governments had an entire equality of jurisdiction there might
bean intrinsic difficulty in such codperation. By first taking jurisdiction
of the subject the state would acquire exclusive jurisdiction in virtue of
a well-known principle applicable to courts having coérdinate jurisdic-
tion over the same matter; but no such equality exists in the present
case. The power of Congress is, as we have seen, paramount. We
hold it to be an incontrovertible principle that the government of the
United States may, by means of physical force exercised through its official
agents, execute on every part of American soil the powers and functions
which belong to it.”

““This necessarily involves the power to command obedience to its
laws, and hence the power to keep the peace to that extent. This power
to enforce its laws and to execute its functions in all places does not de-

1 Lx parte Siebold et al, 100 U. S., 391 (1879).
200 Gi, Sy) Pa B92:

1900.} HASTINGS—POLICE POWER OF THE STATE. 483

rogate from the power of the state to execute its laws at the same time
and in the same place. The one does not exclude the other except
where both cannot be executed at the same time. In that case the
words of the constitution itself show which must yield. Without this
concurrent sovereignty referred to the national government would be
only an advisory government. Its executive powers would be nullified.”

The conviction was upheld.

In ex parte‘ Clarke a similar case from Cincinnati was similarly
decided. Judges Field and Clifford again dissent on the ground
that the acts punished were violations of state law, and that the
act of Congress itself could not make violations of state law pun-
ishable by United States authority. Judge Bradley’s reasoning,
that the acts of the defendants were violations of federal as well as
of state statutes in a matter which the constitution had permitted
Congress to act upon, seems unanswerable.

In *Newton vs. Commissioners, decided at the same term, an
Ohio county seat had been by an act of the legislature ‘‘ perma-
nently’’ located at a certain place in consideration of the doing
of certain things by the people of the locality. A subsequent
act authorized the removal of the county seat. This was sought to
be prevented in the federal court on the ground that it was impair-
ing the obligation of the contract, but the court held that the loca-
tion of a county seat is an exercise of political power which could
not be bargained away.

In *Stone vs. Mississippi a lottery company had obtained, in
consideration of the payment of $5,000 to the state treasury for the
use of the University and an annual payment of $1,000, together
with one-half of one per cent. on all receipts for tickets sold, a
franchise to conduct a lottery for twenty-five years. The state hav-
ing adopted a constitution forbidding such lotteries, the company
sought to enjoin the state officers from enforcing it. But the
Supreme Court holds, on the authority of * Beer Co. vs. Massachu-
setts and ° Fertilizing Co. ws. Hyde Park, that the power of a state
could not be limited by such an agreement, and the doctrine that
no contract of a state can be held to limit its police power, so cau-
tiously advanced in Fertilizing Co. vs. Hyde Park, was distinctly
established.

1700 U. S., 400 (1879). UE Sy 78.
2 Id., 548 (1879). 5 Td., 659.
3701 U. S., 814 (1879°

484 HASTINGS—POLICE POWER OF THE STATE. [June 19,

In ! Neal vs. Delaware the relations of the fourteenth and fif-
teenth amendments to the jury laws of that state was considered.
Neal, a colored man, had been indicted in the Court of General
Sessions in New Castle county for rape. His case had been re-
moved to the Court of Oyer and Terminer of the same county, the
highest court to which it could be taken.

There counsel was especially appointed for his defense, and filed
a petition for its removal to the United States Circuit Court on the
ground that both statute and constitution in that state denied to
colored men the right to vote and only voters might serve on
juries; that the officers of the court excluded colored persons in
drawing juries, and he was denied the equal protection of the laws
guaranteed him by the federal constitution. The petition was
denied and the defendant excepted ; then, before being arraigned,
he moved to quash the panel of jurors for the reason that all per-
sons of African race had been excluded on account of race and
color. This was also overruled for the reason that, although no
Africans were on the panel, there was no evidence that their exclu-
sion was on account of race or color.

Defendant again excepted, and was arraigned. Before pleading
he asked to be allowed to produce witnesses and the lists and panels
of both the grand and petit juries of the court which found the in-
dictment and of ‘the court of trial. This was also refused, on the
cround that the time for this was before the motion to quash was
passed upon. He was found guilty and sentenced to death by
hanging. A writ of error was issued to bring the case into the
United States Supreme Court.

The constitution of the state confined the right of suffrage to free
white male citizens of the age of twenty-one years and upwards.
The statute on the subject of jurors provided that all persons quali-
fied to vete at general elections, with certain specific exceptions,
should be liable to serve as jurors; that the ‘‘ levy court’’ for each
county at its March session should select one hundred sober and
judicious persons to serve as grand jurors and one hundred fifty as
pettit jurors in the courts for the year to be held in the county, and
one hundred twenty more to serve as petit jurors if called. From
these names the jurors were chosen by lot. This method had been
followed in getting a jury in this case.

1 703 U. S., 370 (1880).

1900.] HASTINGS—POLICE POWER OF THE STATE. 485

The errors claimed were that the state court should have granted
the removal, should have sustained the motion to quash the panel
and should have allowed evidence to be taken in support of that
motion. For the state it was answered that the federal constitution
in the fourteenth and fifteenth amendments, made colored people
citizens, and entitled them to vote; that the state constitution in
that respect was thus superseded, and the jury iaw must be con-
strued with reference to the changed conditions, and so made colored
voters liable to jury service; that the motion to quash was unsup-
ported by facts, and the application for leave to bring evidence of
them came too late.

The court goes over the Virginia cases and again concludes the
federal statute, allowing removals where inability to obtain a right
guaranteed by federal law or constitution is shown, to be valid, and
also the act forbidding discrimination in jury service on account of
race. It holds that the fifteenth amendment of the federal consti-
tution abrogated all provisions of the state constitution or statute
denying to the colored race the right of suffrage, and that the peti-
tion for removal on that ground was rightly overruled.

But the court held that the motion to quash the panel of jurors
should have been sustained.

“ The fact, so generally known that the court felt obliged to take judicial
notice of it, no colored person had ever been summoned as.a juror in any
court of the state, though its colored population exceeded twenty thou-
sand in 1870, and in 1880 exceéded twenty-six thousand in a total popu-
lation of less than one hundred fifty thousand, presented a Arima facie
case of denial by the officers charged with the selection of grand and
petit jurors of that equality of protection which has been secured by the
constitution and laws of the United States.”

Justice Waite dissented because he thought that the decision of
the trial court, that the showing of discrimination was insufficient,
was not clearly shown to have been wrong. Judge Field, for the
same reason and also the reason given in the Virginia cases, that
the serving upon juries was a political right and the determination
of their qualification was with the states.

The Virginia cases and Neal vs. Delaware were further applied
in? Bush vs. Kentucky. He had been indicted in 1879 for mur-
der. Under the ruling in the Virginia cases, his was removed into

1 707 U. S., 110 (1883).

486 HASTINGS—POLICE POWER OF THE STATE. [June 19,

the United States courts after one conviction had been had and
reversed in the state courts. The indictment was quashed after
such removal, on the ground that it had been found by a grand jury
from which colored persons had been wrongfully excluded, and he
was set at liberty.

A new indictment was then found against him. He alleged the
former proceedings and his discharge by the United States court.
The plea was held insufficient ; the state court then ordered the
sheriff to summon jurors without regard to race, and Bush again
applied for a removal. This was refused. He was again found
guilty, and his sentence affirmed by the Kentucky Court of Ap-
peals, and by proceedings in error the case was taken to the federal
Supreme Court.

It appeared that the state statutes provided for only white jurors ;
it also appeared that the state Court of Appeals, its highest tribunal,
had held those statutes unconstitutional ; it was shown that a mo-
tion to quash this second indictment, on the ground of the unlaw-
ful exclusion of colored men from the grand jury returning it, had
been overruled, The Supreme Court, in an opinion by Judge
Harlan, held that in the absence of evidence it was to be presumed
that the state officers followed the state statute, and that the jury
was wrongly drawn, and the overruling of the motion to quash
therefore erroneous.

The next week was decided a case, 1Pace vs. Alabama, which
held that the Alabama statute in providing one punishment for
fornication between parties of the same race, and a severer one
where one party was white and the other black, infringed no con-
stitutional right.

At the same time section 5519 of Revised Statutes of the United
States was held unconstitutional in * United States vs. Harris. The
section provided a fine for conspiring or going in disguise on the
highway on another’s premises to deprive any person of the equal
protection of the laws or of equal immunities under the laws, or to
hinder the constituted authorities from securing to each person
such equal protection.

The defendants, Harris and nrc, had been indicted in the
western district of Tennessee under this statute, and had demurred to
the indictment; the judges had disagreed as to the case, and cer-

1 106 U. S., 583 (1883). 2 Id., 629 (1883).

1900.) HASTINGS—POLICE POWER OF THE STATE. 487

tified such disagreement to the Supreme Court. The Supreme
Court held that the fifteenth amendment had no relation to the
case ; that the fourteenth had no more, because it served only asa
restraint upon state and not upon private action ; that the thirteenth
could not uphold the statute, as the latter related to conspiring for
other purposes as well as such as were connected with that amend-
ment, and was by no means confined to attempts to enforce slavery
or involuntary servitude, and it was therefore unconstitutional.

That the fourteenth amendment, in subjecting the exercise of
police powers by the state to the supervision of the federal Supreme
Court had not essentially reduced them was again shown in * Esca-
naba and Lake Michigan Transportation Company ws. The City of
Chicago. The steamships of the plaintiff company, in carrying iron
ores up the Chicago river, found themselves inconvenienced by
certain ordinances of the city which reauired drawbridges over the
river to be closed from six to seven o’clock in the morning and
from 5.30 to 6.30 in the evening, and between those hours not to
be kept open while passengers were waiting to cross longer than ten
minutes at a time, and when closed to remain so for twenty min-
utes if needed to accommodate passengers.

The regulation was found by the court to be a reasonable one,
and though the stream was held a navigable river, Congress not hav-
ing acted on the matter, the authority of the city unquestionable.
A long line of federal authorities, among which Chief Justice
Marshall’s opinion in * Wilson vs. Blackbird Creek Marsh Company
and Justice Curtis’ in * Gilman vs. Philadelphia were foremost, were
cited.

In October, 1883, the five cases known as the Civil Rights cases
were decided. ‘Two of them, the * United States vs. Stanley and
the United States ws. Nichols, were for refusing colored persons
hotel accommodations. Two of them, the United States vs. Ryan
and United States vs. Singleton, were for refusing accommodation
in theatres, and the other, Robinson and Wife vs. Memphis, etc.,
Railway Co., was for refusing to let the wife ride in the ladies’ car
on defendant’s road, as she claimed, because of her African
descent.

The Stanley case came on a certificate of difference of opinion
from United States Circuit Court of Kansas; the case vs. Nichols

1107 Us S,, O78€1 S83), oo Wally ya3
se) RA SODLO San 3.
PROC. AMER. PHILOS. SOC. XXXIX. 163. FF. PRINTED OCT. 22, 1900.

488 HASTINGS—POLICE POWER OF THE STATE. [June 19,

on a like certificate from Missouri, and the case against Singleton
in the same way from New York; the case agaiast Ryan on error
to the Circuit Court of California, and Robinson and wife against
the railway from Tennessee on error. The Circuit Court of Cali-
fornia had sustained a demurrer to the information against Ryan
for refusing accommodation in his theatre to colored persons, and
held the civil rights act unconstitutional. In Tennessee the Cir-
cuit Court had held the law valid, but the plaintiff had been de-
feated in a trial on the merits of her action, the jury finding that
the railway conductor had reason to refuse admission to the plain-
tiff aside from her color.

The obvious question in all of these cases was the constitution-
ality of the first two sections of the act of Congress of March 1,
1875, originally enacted in substance in 1866, and the right of
Congress to legislate in this manner for the people of the states.
The first section provided that all persons in the jurisdiction of the
United States should be entitled to equal accommodations and privi-
leges in public inns, conveyances and places of amusement, subject
only to conditions not relating to race, color or former servitude.
The second section provided a penalty of five hundred dollars, to be
paid to the persons aggrieved in case such equal accommodations
were denied, and made every one who was in any way responsible
for such denial guilty of misdemeanor and subject to a fine of from
five hundred to cne thousand dollars, or to imprisonment for from
thirty days to one year.

Judge Bradley, who gave the opinion of the court, says that the
principal argument for the constitutionality of the act was the
views and opinions of distinguished senators advanced when the
law was under discussion in their bodies, and that the authority, if
any there is, in the federal constitution for such laws must be found
in the last three amendments, and especially in the first section of
the fourteenth; but this had been already held to be merely a
prohibition on the states.

‘Individual invasion of individual rights is not the subject-matter of
the amendment. It has a deeper and a broader scope. It nullifies and
makes void all state legislation and state action of every kind, which im-
pairs the privileges and immunities of citizens of the United States, or
which injures them in life, liberty or property without due process of law,
or which denies to any of them the equal protection of the laws. It not
only does this, but, in order that the national will thus declared may not

1900.] HASTINGS—POLICE POWER OF THE STATE. 489

be a mere drutum fulmen, the last section of the amendment invests
Congress with power to enforce it by appropriate legislation ; to enforce
what? ‘To enforce the prohibition ; to adopt appropriate legislation for
correcting the effects of such prohibited state laws and state acts, and
thus to render them effectually null) void and innocuous. This is the
legislative power conferred on Congress, and the whole of it..... e

‘“‘It does not authorize Congress to create a code of municipal law for
the regulation of private rights, but to provide a mode of redress against
the operation of state laws and the action of state officers, executive and
judicial, when these are subversive of the fundamental rights specified
in the amendment.”

“ United States vs. Cruikshank, * Virginia vs. Rives and ° ex parte Vir-
ginia are especially referred to. The section of the law held valid
in the last-mentioned case is again pointed out to be entirely pro-
hibitory on the states and their officers.

{t is forcibly pointed out that deprivation of a right in the sense
meant by the constitution can only be by political authority. The
act of a private individual may invade a right and prevent tempo-
rarily its enjoyment, but it still inheres in the holder, and he pre-
sumably has his remedy. Of course, this rests upon the theory of
*Hobbes that legal rights are derived from the state. However
offensive this may be to moralists, it will probably have to be con-
ceded by lawyers.

No foundation for the law is found, then, in the fourteenth
amendment; in the thirteenth is no authority for legislation except
upon slavery and involuntary servitude. And in the fifteenth none
except with regard to rights of suffrage. The law is, therefore,
held invalid so far as these amendments are related to the two sec-
tions of it under consideration.

The earnest dissenting opinion of Judge Harlan seeks to find in
the thirteenth amendment and its abolition of slavery and servitude
and the power given to Congress to enforce it by appropriate leg-
islation, authority to legislate on all social usages and practices
growing out of slavery. His success does not seem great. It isa
resort to implication beyond anything of the kind ever used in con-
stitutional interpretation, and besides loses sight of the fact that the
social usages are not necessarily founded on slavery, and prevail, if
anything, even more strongly in states where slavery was never
tolerated.

92 ©. S.; 542- 3700 U. S., 339.
LOOK S25) 303 * Leviathan, chap, 18,

490 HASTINGS—POLICE POWER OF THE STATE. [June 19,

The extended latter part of his opinion, in its argument to show
that the general public had rights in the use of inns, public convey-
ances and public places of amusement seems beside the point. He
has no difficulty in showing the large extent to which legislation as
to all of them had been enacted, and how thoroughly they are
within the grasp of public power. But the question was not as to the
right to legislate on these subjects. The question was whether that
right was vested in Congress or in the state legislatures. Its posses-
sion by the latter is made by Judge Bradley the ground for denying
it to the former.

He once more questions the doctrine of the slaughter-house cases
that the privileges and immunities of citizens of the United States
referred to in the fourteenth amendment are only such as the con-
stitution of the United States in terms or by distinct implication
confers. He declares that the enjoyment of the rights sought to be
vindicated in the civil rights bill, are among those included.

The weakness of his position appears when he asserts that these
rights are as much secured to the negro by the thirteenth as the
right of suffrage is by the fifteenth amendment. ‘The prompt an-
swer to which is, as the court had aiready held, no right of suffrage
is secured to the negro by the fifteenth amendment ; only that it
shall not be denied him on account of his race and it is expressly
named.

That the men who passed the civil rights bill and secured the
adoption of the constitutional amendments thought they were ob-
taining for Congress the power to legislate over these subjects, is
indubitable. To secure their adoption, however, they were
couched in such general terms that the interpretation given to them
in the Slaughter-House cases was inevitable when they fell into such
able conservative hands as Judge Miller’s.

His refusal to see in the privileges and immunities secured to each
citizen by them any more than what the former interpretation of
the constitution had placed among its guarantees, or to find any
prohibition on legislation by the state with regard to their own citi-
zens except what was plainly declared in the amendment, was
clearly necessary to maintain the position of the state governments
and prevent the lapsing of practically all legislative power over per-
sonal and property rights into the hands of Congress.

The alternative is that contended for by Judge Harlan in this case.

“‘T venture, with all respect for the opinion of others, to insist that the

1900. ] HASTINGS—POLICE POWER OF THE STATE. 491

national legislature may, without transcending the limits of the constitu-
tion, do for human liberty and the fundamental rights of American citi-
zenship, what it did with the sanction of this court for the protection of
slavery and the rights of the masters of fugitive slaves. If fugitive slave
laws, providing modes and prescribing penalties, whereby the master
could seize and recover his fugitive slave, were legitimate exertions of
implied power to protect and enforce a right, recognized by the constitu-
tion, why shall the hands of Congress be tied so that under an express
power by appropriate legislation to enforce a constitutional provision,
granting citizenship, it may not by means of direct legislation bring the
whole power of the nation to bear upon states and their officers and upon
such individuals and corporations exercising public functions as assume
to abridge or impair or deny rights confessedly secured by the supreme
law of the land.”

Of course the objection to this is that the slaughter-house cases
had held that the rights covered by the laws in question were so
far from being confessedly guaranteed by the constitution that they
were not guaranteed by it all. That Judge Bradley, who had so
strongly dissented from the conclusion reached in the slaughter-
house cases should now be so strenuously supporting it, shows the
change a decade of experience and reflection had wrought in his
mind. It seems remarkable that Judge Harlan should have ven-
tured to assert that the rights of the negro to use of iniis and public
resorts without discrimination on account of race rests on as ex-
press a constitutional warrant as did the master’s right to reclaim
his fugitive slave, and should say this without asking that the
Slaughter-House cases be overruled, at least in all that portion of
them defining what are and are not “privileges and immunities of
citizens of the United States.’’

The truth is that a different decision by the court on this civil
rights question, would have had no social effect to take away the
color bar. The social purpose sought in this legislation, to borrow
a phrase from Judge O. W. Holmes, was not then shared by the
people and would not be to-day. There was room for a conserva-
tive construction that would defeat the law and the court adopted
it rather than engage in a hopeless struggle to enforce it against
social habits with which the court’s members in fact sympathized.

The country has accepted its conclusions, and the inclination to
attempt any such explicit change of the federal constitution in such
terms that the court could not avoid it, has long gone by. The
people of this country as a whole never desired any far-reaching al-

4992 HASTINGS—POLICE POWER OF THE SYATE. [June 19,

teration in the relative positions of the state and federal govern-
ments. There has never been a day since the doctrine of the
slaughter-house cases was first announced, when any effort to adopt
anew amendment that would do in unmistakable terms, what the
proposers of the fourteenth amendment undoubtedly thought they
had done, namely, give Congress the general power to legislate as
to the rights and relations of citizens in the states, would have had
any chance of success. None has ever been seriously proposed.

The so-called police power will remain with the states while there
are states, if for no other reason than because, when it is taken
away, they will be removed. Justice Miller deserves the credit of
seeing clearly that they would not be states without it. The
writers, like the author of ‘‘ Political Science and Comparative
Constitutional Law,’’ who profess regret that this power was not
held by the court to have been handed over to Congress by the
fourteenth amendment, certainly do not recognize that what they -
want transferred is really the whole legislative power of the states.
Their autonomy would be gone. Their police power is, as Chief
Justice Marshall conceived it, the remnant of sovereignty left with
them on the creation of the federal government. ~

At the same term with the civil rights cases was decided ex parte
"Yarborough ef a/., the Ku Klux cases. Jasper Yarborough and
seven others had been convicted in the northern district of Georgia
on indictments for conspiring to intimidate on account of his race,
Berry Saunders, of African descent, in the exercise of his right of
voting. It was claimed that Congress had no power to provide a
punishment for this. Justice Miller, however, and the court
thought otherwise. The right, they said, not to be disturbed be-
cause of his race in voting is expressly given him by the fifteenth
amendment and the authority to protect him in that right is as
plainly given to Congress as is the right to protect the mails and
the money in them and more so.

The doctrine of Minor vs. Happersett that no right of suffrage is
given by the amendment does not do away with the right of Con-
gress to protect by legislation what is given, so once more we have
police laws to govern elections passed by Congress and upheld by
the court. The court, however, does not find it necessary to talk
about any ‘‘ electoral power ’’ in Congress any more than it did to

1 710 U. S., 651 (1883). 226) Vaile Lies

1900.] HASTINGS—POLICE POWER OF THE STATE. 493

make mention of ‘‘ postal power’’ in ex parte Jackson. It is diffi-
cult to see why they might not as well do that as discuss a
‘“commercial power,’’ a term which has been well known in the
opinions of the court, at least ever since Justice McLean’s discus-
sion of the passenger cases.

At this same important session, too, the power of the ‘state was
relieved from what threatened to be a severe restriction in the con-
struction of the term due process of law. In 1879 the people
of California had adopted a constitution providing that prosecutions
for crime might be by information instead of by indictment or pre-
sentment ofa grand jury. May 7, 1882, Hurtado had been convicted
of murder in Sacramento county, California, on information for that
crime without any investigation or presentment by a grand jury.

It was claimed on his behalf that such a conviction was not due
process of law. The Supreme Court of the state, however, found
that it was, and on error to the federal Supreme Court it was af-
firmed. Justice Matthews holds that the provision did not require
presentment by a grand jury and due process of law as meant by
the constitution cannot be given the effect of requiring the states
to abide by the legal procedure in vogue at its adoption if the sub-
stitute is one which accords with legal principles and the needs of
justice.

In the same term the *slaughter-house cases came up in a new
form. ‘The legislature of Louisiana had repealed the franchise
which had been held good in those cases. The holders of it claimed
that this was an impairment of the obligation of a contract as
their charter under which they had expended considerable sums of
money, gave them an exclusive franchise to maintain stock yards
and slaughter-houses for the city of New Orleans for a number of
years. When the Butchers’ Union Company were about to take
advantage of the repeal and engage in the business the Crescent
City Company procured from the federal Circuit Court an injunc-
tion against their doing so on the ground that the repeal of the ex-
clusive franchise of the Crescent City Company was in violation of
the federal constitution as impairing the obligation of a contract.

Judge Miller again rendered the opinion and this judge who in
’Loan Association vs. Topeka had declared that the executive, leg-

1 Hurtado vs. Cal., 770 U. S., 516 (1884).

2 Butchers’ Union & Co. ws. Crescent City & Co., 777 U. S., 746.
3 20 Wall., 635.

494 HASTINGS—POLICE POWER OF THE STATE. [June 19,

islative and judicial branches of the state and federal governments
are all of limited and defined powers now found himself called upon
to say whether one legislature could suspend for future legislatures,
‘that well-known but undefined power called the police power.”’
He finds no better definition for this power than Kent’s, 2 Comm.
340, which he had cited in the former case.

“‘Unwholesome trades, slaughter-houses, operations offensive to the
senses, the deposit of powder, the application of steam power to propel
cars, the building with combustible materials and the burial of the dead,
may all be interdicted by law, in the midst of dense masses of popula-
tion, on the general and rational principle, that every person ought to so
use his property as not to injure his neighbors, and that private interest
must be made subservient to the general interests of the community.”

The law had been upheld in the former case expressly because it
was an exercise of the police power and saved from condemnation
as an interference with freedom to follow an ordinary occupation by
no other argument; therefore, the franchise could not now very
well be defended as not being an act of police. The question
was clearly whether the police power could be bound by a state
contract granting an exclusive franchise for a term of years. Fol-
lowing Stone vs. Mississippi and the preceding cases on which it is
based, Justice Miller, who in the case of Fertilizing Company zs.
Hyde Park, had refused to concur in this doctrine and had con-
curred in that case only because he was able to persuade himself
that the charter was not violated, now himself, in plain terms, holds
that such power of the legislature is given it to use and not to sell,
and cannot be restrained by contract.

Justices Field and Bradley concur in this decision because they
say the original act was void and not a police regulation at all, but
a mere monoply, having such alone for its object. They again
protest against the narrow limits given in the Slaughter-House cases
to ‘‘ privileges and immunities of citizens of the United States,’’
but they themselves had since concurred in carrying that narrow
construction into effect in more than one case, and it was now too’
late to widen it.

At the same term, as in Hurtado vs. California it had been de-
cided what was due process of law in a capital criminal case, so
now in ’Hager vs. Re-Clamation District, the effect of that provi-

LOTT (Oa Say 7 OUe

1900. ] HASTINGS—POLICE POWER OF THE STATE. 495

sion upon property rights was determined. The California law for
reclaiming swamp and overflowed tide-lands and making them fit
for culture was assailed. Districts were to be formed and the re-
clamation of such land therein undertaken on a petition by a
majority of owners of lands concerned. Engineers were to be em-
ployed and three trustees be selected from the owners who were to
report plans of work and estimates of costs to the county super-
visors, and the latter were to appoint three commissioners to assess
on each acre to be benefited, its proportionate share of expense to
be collected with the annual taxes. IPf necessary the commissioners
might make another assessment and report the additional amount.
The assessments were to remain with the supervisors thirty days,
and if not then paid to be sent to the district attorney to be col-
lected like delinquent taxes.

In Yolo and Colusa counties 74,000 acres of land in one body
capable of such reclamation was found. A district was formed and
the commissioners estimated the expense at $140,000; it was
found, however, that $192,000 more was required, and it was all
assessed upon the lands. It was not paid and suits to collect it
were transferred by non-resident owners to the federal Circuit
Court, and there the lands were ordered sold to pay the assessments,
and from this decree an appeal taken. The proceeding was held to
be due process of law and the decrees affirmed. The act is held to
be within the police powers of the state in providing for the general
welfare and in no way interfered with by the terms of the fourteenth
amendment.

With the setting aside of the civil rights bill and the final settle-
ment of the right of the federal government to supervise the elec-
tion of federal officers, the reconstruction cases seemed to have
closed, and with the final upholding of the legal tender act, at the
same term, the legal results of the war seemed to have been practi-
cally realized. The development of the results of the fourteenth
amendment, however, as applied to the commercial life of the
country, foreshadowed in Fuller vs. Railroad Company and the
Granger cases was just beginning.

Just as the development of the doctrine of the Dartmouth Col-
lege case and of Gibbons vs. Ogden in bringing forward federal re-
straint against state action by way of impairing the obligation of
contracts and regulating commerce, had rendered a corresponding
development of state power inevitable, and had given us the term

496 HASTINGS—POLICE POWER OF THE STATE. _ [June19,

police power and its subsequent development, so we shall see as we
have seen, that the maintenance of the due equilibrium required
and caused the police power of the states to keep pace with the ad-
vancing application of the fourteenth amendment also. The rais-
ing of the levee on one side of the Mississippi river and crowd-
ing it forward against the waters does not more inevitably call for
a corresponding increase in height on the other side.

1900.] HASTINGS—POLICE POWER OF THE SATE. 497

CHAPTERS Zr

THE FEDERAL SUPREME CouURT AS THE ULTIMATE TRIBUNAL OF
PERSONAL AND PROPERTY RIGHTS.

At the session of the court beginning October, 1884, the cases of
‘Foster vs. Kansas as to prohibitory liquor laws and *Wurtz vs.
Hoagland as to the New Jersey drainage laws and especially *Barbier
vs. Connolly as to the relation of the fourteenth amendment to the
““ power of the state, sometimes termed its police power,’’ are note-
worthy.

In the case of *Foster vs. Kansas, plaintiff had been county attor-
ney of Saline county in that state and had refused to prosecute for
sales of intoxicating liquors made in violation of the state constitu-
tion and statutes to enforce it. Quo warranto proceedings were
commenced against him in the Supreme Court of the state, and he
was removed from office. He obtained a writ of error, alleging
the statute in question unconstitutional, though authorized by stat-
ute, the rules of civil procedure being applied to his case while he
insisted that it was a-criminal action.

The court held that absolute prohibition of sales for use as a bev-
erage violated no principle of the federal constitution, and was no
deprivation of property in liquors or in liquor manufacturing plants,
and held the procedure adopted in this case constitutional. This
very brief opinion marked the final abandonment of the once pre-
valent opinion that absolute prohibition of liquor sales for use as a
beverage was a violation of rights of property when applied to
stock on hand, although the United States Circuit Court for
Kansas, two years later, in State vs. Walruff, asserted such a doc-
trine, and we shall see it attempted to be set up again in the
Supreme Court.

In *Barbier vs. Connolly the plaintiff was convicted of washing
and ironing clothing between 1o o’clock in the evening and 6

LTO Se, 20 Ne STON O Sue 20M
* 114 UV. S., 606. 5778 O. S., 27 (1884).
SOUT ms, ie, (20

498 HASTINGS—POLICE POWER OF THE STATE. [June 19,

o’clock the following morning in a public laundry in the city of
San Francisco ; an ordinance of the city required that within cer-
tain limits, for the sake of public health and security from fire, such
work should not be done without a license from the city authori-
ties and a certificate of the fitness of the premises used for the pur-
pose, and not at all between the hours named. He claimed that
the law and the ordinance passed in accordance with it were in
violation of both federal and state constitutions, and especially of
the fourteenth amendment. The state courts sustaining the convic-
tion, he obtained a writ of error to the federal Supreme Court.
That court, in an opinion by Justice Field, says the purpose
sought is a public one and the regulation such as municipal authori-
ties are entitled to make and declined to interfere with it. The
fourteenth amendment in declaring that no state shall deprive any
person of life, liberty or property without due process of law, or
deny to any person within its jurisdiction the equal protection of
the laws, undoubtedly intended not only that there be no arbitrary
deprivation of life or liberty or arbitrary spoliation of property, but
that equal protection and security should be given to all under like
circumstances in the enjoyment of personal and civil rights :

“But neither the amendment, broad and comprehensive as it is, nor
any other amendment was designed to interfere with the power of the
state, sometimes termed its police power, to prescribe regulations, to pro-
mote the health, peace, morals, education and good order of the people
and to legislate so as to increase the industries of the state, develop its re-
sources and add to its wealth and prosperity. From the very necessities.
of society, legislation of a special character having in view these objects
must often be had in a certain district, such as for draining marshes and
irrigating arid plains; special burdens are often necessary for general
benefits.”

The provisions of this ordinance though severe were found de-
signed to answer a public purpose and apparently imposed in good
faith.

In *Wurtz vs. Hoagland such police legislation for the pros-
perity of the state of New Jersey was under consideration. It pro-
vided that on application of at least five owners the board of
managers of the State Geological Survey should examine any tract of
marshy or boggy land, and if they thought it for the public interest
and that of the owners affected, make surveys and report a system

1 114 U. S., 606 (1884).

1900.] HASTINGS—POLICE POWER OF THE STATE. 499

of drainage to the Supreme Court of the state, which on reasonable
notice should appoint three commissioners to carry it out, unless a
majority of the owners should object. The expense and descrip-
tion of the land which ought to contribute to it were reported and
notice given again with four weeks to object ; and if objection was
made, it should be summarily decided by the court, and the com-
missioners proceed to make assessment of the due proportion of
each parcel in the expense, which assessment was to be published
for six weeks, and any objections then made to be summarily de-
cided by the court ; and if assessment was set aside it should again
be referred to the commissioners, and like proceedings had till a
valid assessment was obtained. If not paid by a certain time the
lands were to be sold to satisfy the assessment.

Under this statute Mrs, Wurtz’ land was assessed to pay the sum
of $13,347.84, and over her objections this was confirmed by the
state court and a writ of error procured from the federal Supreme
Court because the decree

*‘ violated the constitution of the United States in’ this, that it deprives
plaintiffs in error of their property without due process of law, denies to
them the equal protection of the law and violates the first section of the
fourteenth amendment of the constitution of the United States.”’

The court, in an opinion by Judge Gray affirming the action of the
state court, says :

“ Laws for the draining and embanking of low grounds and to provide
for the expense, for the mere benefit of the proprietor and without refer-
ence to the public good, are to be classed not with the taxing, but to the
police powers of the government.”

Chancellor Zabriskie’s opinion in Tide Water Co. vs. Coster and
Barbier vs. Connolly are cited.

In the session of 1885 and 1886 the number of cases brought
into the court relating to property rights under the fourteenth
amendment must have made Judge Miller wonder how he came to
say he did not believe there would ever be a case brought in that
court claiming denial of equal protection of the laws, except on be-
half of some member of the African race. In *Missouri Pac. Rail-
way Co. vs. Humes, the railway company had been sued for killing
a mule. By law of the state of Missouri if a railway company
failed to fence its lines, double the amount of damages sustained

1715 U. S., 512 (1885).

500 HASTINGS—POLICE POWER OF THE STATE. [June 19,

could be recovered for all stock injured on the right of way by
passing trains. ‘This was claimed by the company to be a denial of
the equal protection of the laws and to deprive it of property with-
out due process.

The court by Judge Field promptly held that there was no founda-
tion for such a claim ; that the act was a valid police requirement,
and that having killed the mule the company must pay for two like
him. In this decision the Supreme Court of the United States,
while following the prevailing ruling of the state courts, is not by
any means supported by all of them.

In ‘New Orleans Gas Light Company vs. Louisiana Light Com-
pany, the Louisville Gas Company vs. Citizens’ Gas Light Com-
pany and New Orleans Water Works Company vs. Rivers, the old
struggle between the police power and the doctrines of the Dart-
mouth College case came back once more, and it is noticeable that
decisions of the lower courts were reversed in all three cases. The
Dartmouth College case still had more of vitality in it than the
lower courts had believed. The latter had relied too strongly on
the declarations in Beer Company vs. Massachusetts, Fertilizing
Company vs. Hyde Park, Stone vs. Mississippi and Butchers’ Union
Company vs. The Crescent City Live Stock Landing Company,
and had too hastily concluded that there was nothing left of the
doctrine of the Dartmouth College case.

The New Orleans Gas Light Company, because of holding a
charter from the state giving it an exclusive franchise for a number
of years, was held to be entitled to enjoin another company,
authorized thereto by the legislature, from laying gas mains and
pipes and furnishing gas in the city. A similar right was allowed
to the Louisville Gas Company in Louisville, and in New Orleans
Water Works Company vs. Rivers, the lessee of the St. Charles
Hotel, seven blocks from the Mississippi river, was prevented from
supplying his house with water by pipes laid to that stream because
the water works company had an exclusive franchise for fifty years
to do that. The Supreme Court of the United States granted the
water works company its injunction in an opinion by Judge Harlan,
closing with:

“Under its averment, plaintiff was entitled to a decree perpetually re-
straining the defendant from laying pipes or mains in the public ways of

1715 U. S., 650 (1885).

1900.] HASTINGS— POLICE POWER OF THE STATE. dOL

New Orleans for the purpose of conveying water from the Mississippi
river to his hotel ; in common with all corporations and other citizens of
New Orleans, he must abide by the contract which the state made with
the plaintiff, for such is the mandate of the constitution of the United
States.”

He concedes that regulating the supply of light and water to a
municipality is a police function ‘‘ in the widest definition ”’ of the
term. He grants that the cases of Stone vs. Mississippi, Fertilizing
Company vs. Hyde Park and Beer Company vs. Massachusetts
establish that no corporate franchise can be held to interfere with
the right and duty of the state to guard the public health, morals
and safety. Within this limit the police power prevails over the
constitution as expounded in the Dartmouth College case.

That a supply of light and water has relation to health, and on the
authority of Macaulay’s remark that the gas companies in London,
by lighting it, had done more to suppress crime than all the gov-
ernments since Alfred, also to safety, if not to morals, is admitted ;
but the connection is held not close enough to restrain the applica-
tion of the Dartmouth College precedent. The distinction from the
case of Butchers’ Union Company vs. Crescent City Live Stock
Company is still harder to draw. Water supply would seem to have
as close a connection with public health and morals as butchering,
but .Judge Harlan says the original franchise, in that case, was up-
held only as a mere police regulation and was repealable as such.

Under these decisions we have two kinds of police power, one of
which is restrained by valid contracts made by the state, and the
other, which has to do with public health, safety and morals, is not.
The result is, that the doctrine of Stone vs. Mississippi is not ex
tended to municipal franchises for supplying water and light. ‘The
plain truth seems to be in questions of this kind, if the public emer-
gency is one that has been deemed by former courts urgent enough
to overthrow the municipal contract, then the latter goes down ; if
not, then the doctrine of the Dartmouth College case is applied and
the contract upheld. Meanwhile the court is careful to point out
that there is a remedy—by the exercise of the power of eminent do-
main to condemn the franchise, by paying for it and removing it
when it becomes intolerable.

At this same session another clause of the constitution did not
come off so well in a contest with the police power. In *Morgan’s

1718 U. S., 455 (1886).

502 HASTINGS—POLICE POWER OF THE STATE. [June 19,

Louisiana T. R. & S. Company vs. Board of Health, the plaintiff
steamship company obtained an injunction against defendant’s col-
lecting from its ships the fee allowed by a Louisiana law for each
vessel examined and passing the quarantine station. The Supreme
Court of the state dissolved the injunction. On error, that of the
United States affirmed such action. The steamship company
claimed that since the law graded the inspection fee by the size of
vessels, it was a tonnage duty and forbidden in the federal consti-
tution.

Judge Miller for the court says, ‘‘ Ifthere is a city in the United
States that needs quarantining, it is New Orleans.’’ He declines to
say that the city must bear all the expense of inspection, and sees
no objection to proportioning fees to the size of the vessel. He
admits that the law might be said to be in some sense a regulation
of commerce, because it certainly affected commerce, and as such
doubtless came within the scope of federal authority, but it was
also an exercise of police power, and good till Congress should
abrogate it. :

At the session of 1886-7, the right of gas and water companies
to enjoy their franchise against any exercise of police power, even
by the people in adopting a new constitution, was decided again in
*St. Tammany Water Works Company vs. New Orleans Water
Works Company. Over so much of the police power the triumph
of the constitutional principle as to the impairment of contracts may
be considered settled.

In ?City of New Orleans vs. Houston the same constitutional pro-
vision prevailed again. ‘The legislature of Louisiana had in 1868
chartered a lottery company for twenty-five years, and in the
charter provided that it should pay the state $40,000 a year and not
be subject to any other taxes. In 1879 a new constitution had
been adopted establishing uniformity of taxation. In 1880 it was
enacted that the city should have power to levy taxes which it was
claimed covered the lottery company also.

The company procured the taxes enjoined as impairing the obli-
gation of the state’s contract. The Circuit Court sustained the in-
junction and the city authorities appealed to Washington. ‘The
Supreme Court upheld the injunction and the contract. It was with
a lottery company, but related to taxation and not to the continu-
ance of the business, and it was within the power of the state to sell

1120 UV. S., 64. BT IO Si 205s

1900.] HASTINGS—POLICE POWER OF THE STATE. 503

its right to tax the company, though not its right to abolish it,
and the doctrine of Stone vs. Mississippi did not apply.

In the case of *Wabash, St. L. & P. R. R. Company zs. State of
Illinois, its old antagonist the commerce clause gained a fall against
the police power in a matter of serious moment. The attempt ofa
state to regulate charges for transportation of goods taken beyond
the state was held unauthorized even as to the distance they were
carried within the state. This was an important limitation of the
Granger cases, and one of a long series of recessions from the posi-
tion taken in them.

The railroad had taken a carload of merchandise from Peoria to
New York for 15 cents a hundred pounds. On the same day it took
from Gillman, Illinois, to New York a carload of similar goods for
which it charged 25 cents a hundred pounds. The distance from
Peoria is eighty-six miles farther and the Peoria car went through
Gillman. An Illinois statute provided that if a railroad, by any di-
rect charge, rebate, shift or devise, should charge for transporting
any passenger or freight more than was charged for transporting in
the same direction any other passenger or equal amount of freight
of the same class, such charge should be prima facie evidence of
unjust discrimination, and fixed a penalty not exceeding $5000
with treble damages to the party injured for such discrimination.

The railroad company demurred to the constitutionality of the
law, and the trial court found in its favor. The Supreme Court of the
state, however, reversed this, and held the law good and not an
infringement on the power of Congress under the commerce clause.
Judge Miller, in the opinion of the court reversing this action, says
that the precise question was not altogether new though not pre-
viously determined.

He admits that the language used in the Granger cases bears the
meaning that states in which traffic originates may regulate rates
though it goes beyond their borders, and concedes that in those
cases the question of the effect of the state’s action upon interstate
commerce was treated as another application of the doctrine as to
quarantine regulations, bridges over navigable streams, pilotage,
etc.—that is, the states might act upon it, but not contrary to the
express will of Congress.

He says, however, the main question was the right of the states

EIL18 1, S:5557 (Oct, 1886),

PROC, AMER. PHILOS. SOC. XXXIX. 163, GG. PRINTED OCT. 25, 1900.

d04 HASTINGS-—POLICE POWER OF THE STATE. [June 19,

to establish any regulation of rates over railroads. This was ob-
jected to, first, because it was the taking of property without due
process, and, second, because it was a violation of their charters and
an impairment of the obligation of the state’s contract. ‘These two
questions, he thinks, were rightly resolved in those actions against
the companies. The right of a state to impose such rates upon
goods going beyond its borders, he thought, should be considered
by itself. Citing State Freight Tax cases and Hall vs. DeCuir, he
thinks they show that the court never intended to hold there is
power in a state over goods going beyond it, and that such power
is inconsistent with the free passage of persons and merchandise
into and out of each state.

Judge Bradley dissented, and Justices Waite and Gray with
him, on the ground that the state court had a right to presume
that a contract to haul from Peoria to New York for a fixed price
was an agreement to haul over each mile of the designated route
for a proportionate share of that price, and the varying of prices
in this case was, therefore, a discrimination practiced within the
state of Illinois and amenable to its laws.

In holding that the state court might assume that the charge was
at a uniform rate over the whole length of the route, and therefore
at a forbidden rate in Illinois, the minority seem to have fairly
exposed themselves to Judge Miller’s criticism. If Illinois could
do that, so could Indiana and Ohio and Pennsylvania and New
York as to the portion of the route lying through the territory of
each ; and in the event of discordant regulations by these states
through traffic would become impossible.

Indeed, the holding now firmly adopted by the court, that the
states have no sovereignty over interstate and foreign commerce
for any purpose, that there is conferred by the federal constitution
upon citizens of each state and of the United States an indefeasible
right to take into or carry away from any state any article of com-
merce they please, subject only to such regulations as Congress may
make or sanction, effectually precludes the unimpeded exercise of
such a police power as Judge Bradley talks about.

There seems only an implied consent that the states may pro-
vide for the public health, safety and morals in cases of real need
by any regulation not forbidden by Congress.

In * Robbins vs. Taxing District of Shelby County, it was de-

1 120 U. S., 489.

1900.] HASTINGS—POLICE POWER OF THE STATE. 50d

clared that the only way in which a state can act upon interstate
commerce is in the exercise of its police power. The right to tax
it in any way was denied, and a statute putting a tax of ten dol-
lars per week or twenty-five dollars per month upon all ‘‘ drum-
mers’’ soliciting orders for goods was held void as respecting
solicitors for persons outside of the state, although the same tax
was lawfully assessed upon those soliciting for persons within the
state.

From this to the doctrine of *Bowman vs. Chicago & North-
western Railway Company was but a step. This was a suit for ten
thousand dollars’ damages brought by George and Fred Bowman in
the United States Circuit Court for the Northern District of Illi-
nois against the Chicago & Northwestern Railway Company for
refusing to transport five thousand barrels of beer from Chicago to
Marshalltown, Iowa. The railroad company answered that it was
intoxicating liquor, and set up an Iowa statute providing that any
railroad bringing such liquor into the state for any person without
a certificate from the auditor of the county where it was to be de-
livered that such person was licensed to sell it should be fined
one hundred dollars and costs for each offense, and such offense
be complete in every Iowa county into or through which the liquor
should be carried, and that plaintiffs had tendered no such
certificate.

Plaintiffs demurred to the answer, the demurrer was overruled
and the defendants had judgment. To reverse this plaintiffs pro-
cured a writ of error from the Supreme Court. In an opinion by
Justice Matthews it reversed the judgment and holds it no defense
for the railroad company that the consignee had no such certificate
as the Iowa law required, because the act as regards: such transpor-
tation is void. The’ Freight Tax cases are cited, to the effect that
transportation is a part of commerce.

The forbidding introduction of liquors without license is held
to be clearly a burden upon that which Congress, by not regulating,
had provided should be free. It was admitted that the policy of
the state of Iowa forbidding the sale of alcoholic beverages was
adopted with a view to preserve the health and morals of its citizens
from contamination, and is a measure adapted to that end. Nev-
ertheless, such liquors are ordinary subjects of commerce, and the
law an invasion of the exclusive domain of Congress.

1725 U. S., 465 (March, 1888). SMV 222,

506 HASTINGS——POLICE POWER OF THE STATE. [June 12,

The effect of this decision is to place the authority of Congress
wholly above the ‘‘sovereign’’ and ‘‘ exclusive’ police power of
the state. This is probably an inevitable consequence of holding
a paramount authority to regulate in Congress, and holding that
such authority does not stop at the state’s border, but accompanies
the imported article to its destination within the state.

1900.] HASTINGS—POLICE POWER OF THE STATE. S0T

CHAPTER: Xie

PoLICcE POWER PREVAILS AGAINST PROPERTY, But Nor AGAINST
COMMERCE.

The case of * Mugler vs. Kansas ended the contention of liquor
dealers and manufacturers that prohibitory laws are an unconstitu-
tional attack on their property. Peter Mugler was prosecuted in
Saline county, Kansas, for manufacturing intoxicating liquors
without a permit. Ziebold & Hagelin, of Atchison county, in that
state, were proceeded against to have their brewery in that county
declared a nuisance and abated, also that they be enjoined from
using it as a brewery except in accordance with Kansas laws.
Mugler’s case was decided against him in the state courts, and he
procured a writ of error from the Supreme Court of the United
States. Ziebold & Hagelin’s case was transferred by them to the
United States Circuit Court of Kansas and there tried and dis-
missed, and appealed by the state to the federal Supreme Court.

So there were two actions—one brought by Mugler to reverse
the convictions against him in the state court, and the other
brought by the state to reverse the action of the federal Circuit
Court in dismissing its proceedings against the Atchison brewers. In
both cases the question was the constitutionality of the Kansas
constitution and legislation.

In 1868 that state had passed a law making it a misdemeanor to
sell intoxicants without a license and requiring that all places
where liquors were so sold should be deemed common nuisances
and abated as such. In 1880 the state adopted an amendment to
its constitution forever forbidding the manufacture and sale of
intoxicating liquors in that state except for medicinal, mechanical
and scientific purposes. To enforce this amendment, in February,
188t, the legislature of the state passed an act requiring the obtain-
ing of a permit for the manufacture or sale of liquors for such pur-
poses, and forbidding all other sales, and providing a system of
penalties for violation of the act.

t 123 U. S., 623 (1887).

~

508 HASTINGS—POLICE POWER OF THE STATE. [June 19,

The law also provided that all places where such liquors were
made, sold, bartered or given away contrary to the law, or where they
were kept for that purpose, should be deemed common nuisances,
and when they should be found to be such by any court of competent
jurisdiction, the proper officer should be directed to abate and close
them and destroy the liquor and vessels containing it.

Mugler had erected his brewery in Saline county, Kansas, in
1877, at a cost of $10,000. It was still worth that sum for that use,
but worth not more than $2500 for any other purpose. He had
continued operating it, after the enactment of the law, without a
permit. He was a citizen of the United States, and had con-
ducted the same place of business in the same manner ever since
1877. He appealed to the fourteenth amendment of the federal
constitution to protect it.

In the other case, Ziebold & Hagelin’s plant had cost $60,000.
It had been in operation about as long as Mugler’s. When pro-
ceeded against as a nuisance under the state law the proprietors
claimed the protection of the fourth and fourteenth amendments
of the federal constitution and asked a removal of the case to the
federal court, which was refused on the ground that the federal court
had already ruled against the alleged right in Bartelmeyer vs. Iowa
and Beer Company vs. Massachusetts and Foster vs. Kansas. The
defendants, however, had the case docketed in the United States
Circuit Court, and that court retained jurisdiction and refused to.
remand it, and at the trial dismissed it over the state’s objection.

The Supreme Court in an opinion by Justice Harlan affirmed the
action of the Kansas State Court and reversed that of the Circuit
Court, and held the Kansas constitution and the statute to enforce
it to violate no provision of the federal constitution so far as these
two cases were concerned. Whether or not the brewers had a right
to use their plants in making beer for exportation from the state
was not decided.

Even Judge Field’s dissenting opinion finds fault only with that
portion of the law declaring the places a nuisance where the manu-
facture is carried on without permits, and directing the destruction
of both the liquors and the containing vessels. He thinks this an
unconstitutional deprivation of property. ‘The answer of Judge
Harlan that the law is prospective in its operation and relates only
to places where the business shall be carried on in defiance of the
state after its taking effect, seems to dispose of this objection if, as

1900.] HASTINGS—POLICE POWER OF THE STATE. 509

Justice Field admits, the state had the general power to prohibit
such use of property.

Two propositions not very distinctly advanced seem to have
settled this case—one, that of Barbier vs. Connelly, that the four-
teenth amendment takes away none of the police power of the
state, and the other, established by an overwhelming agreement of
state authorities, that forbidding the making or sale of intoxicants
is a proper exercise of that power by a state, and if prospective in
its operation requires no compensation for damages caused by it.
The case becomes interesting as furnishing a basis for estimating
the relative weight in the Supreme Court of limitations on state
power derived from bills of rights, as compared with those derived
from the transfer of power to the federal government.

In !Pembina, Etc., Company vs. Pennsylvania we have a new appli-
cation of the rule of Paul vs. Virginia, that a state may exclude all
corporations organized by other states or countries except those
engaged in interstate commerce under the authority of Congress.
A Pennsylvania tax of one mill on each dollar of capital stock of
foreign corporations as a condition for opening an office in the state
was upheld on the ground that since they could exclude the foreign
company the Pennsylvania legislators might say on what condition
it could come in.

In *?Dow vs. Beidelman the question of the power of the legisla-
ture of the state to fix rates of railroad transportation was passed
upon. The question was found in this case to be uncomplicated
with any other as to reasonableness or affecting interstate commerce
or charter rights, and the power was upheld with no dissent. The
discussion by Judge Gray of the dissensions in the court over other
similar cases is extremely interesting, but he finally concludes that
none of these disputed propositions arise in the case under consid-
eration.

A case in which the same unanimity by no means prevailed was
*Powell vs. Pennsylvania. In 1885 Pennsylvania had passed an act
that no person should make, or sell, or offer, or have in his posses-
sion for purposes of sale any article designed to take the places, or
made in imitation of butter or cheese ; that no action should be
maintained for the price of such an article, and that the person found

1725 U. S., 121 (March, 1888). 2 /d., 680 (April, 1888),
2 7127 U. S., 678 (April, 1888).

510 HASTINGS—POLICE POWER OF THE STATE. [June 19,

guilty of violating the act should be fined not less than one hun-
dred or more than three hundred dollars or be imprisoned not
more than thirty days or both.

Powell was indicted for selling two packages of imitation butter
and for having in his possession for sale one hundred pounds of
imitation butter.

It was agreed that he sold two packages and sold them as butter-
ine and not as genuine butter, and that both were stamped on the
lid in Roman letters half an inch long ‘‘ Oleomargarine Butter.’’
Powell offered to prove by Prof. Hugo Blangk that the latter saw
the substance in the two packages made; that it was from pure
animal fats, was clean and wholesome ; that it contained the same
elements as natural butter except that the latter has from three to
seven per cent. butterine and the manufactured article only from
one to two and a half; that the only effect of the additional
butterine was to impart flavor and that the article sold was a
healthful and nutritious article of food, as wholesome as butter from
pure milk or cream.

He also offered to show that he was in the grocery business ;
that the two packages were a part of a large quantity of the article
which he had on hand when the law was adopted and whose value -
would be destroyed if he was not permitted to sell it, and that the
law was unconstitutional as depriving of property without compen-
sation. All his offers of proof were rejected. He was found
guilty and fined one hundred dollars. The sentence was affirmed
by the Pennsylvania Supreme Court and a writ of error obtained
from that of the United States.

In an opinion by Justice Harlan the sentence was affirmed and
the law pronounced a valid exercise of the police power. The
grounds given are dislike to interfere with any action of the state
upon its own citizens, ostensibly for a public purpose, in prevent-
ing frauds and the sale of dangerous articles of food, and inability
to say that such purpose was not subserved by the law. Almost in
the same terms as used by Chief Justice Waite in Munn vs. Illinois,
Justice Harlan says:

“Tf this legislation is unwise or oppressive, the appeal is to the legisla-
ture or to the people at the polls.”

‘Nevertheless, if the incompatibility of the constitution and the stat-
ute is clear or palpable, the courts must give effect to the former, and
such would be the duty of the courts if the state legislature, under the

1900.] HASTINGS—POLICE POWER OF THE STATE. yal

pretense of guarding the public health, the public morals, or the public
safety, should invade the rights of life, liberty or property, or other
right secured by the supreme law of the land.”

Justice Field’s dissenting opinion does not quite do justice to the
position of the court in saying that the constitutionality of this
legislation is rested solely on the fact that it pleased the legislature
to pass it.

It is rested also on the fact that in the judgment of the court
oleomargarine might be and perhaps generally was both dangerous
and fraudulent, and the defendant had only offered to show the
contrary as to his own article. To be sure, it would be very diffi-
cult for Powell to show that frauds and unwholesome compounds
did not prevail outside of his factory, and the requirement of proof
of such a negative does amount practically to an affirmation of any-
thing the legislature might do, and would seem to furnish ground
for Justice Field’s complaint that this law missed the distinction
between prohibition and regulation. It prohibits wholesome and
undisguised manufacture as distinctly as it does the dangerous and
fraudulent.

The doctrine in *Yick Wo vs. Hopkins that a police law affecting
property values must be reasonable as a regulation might, it would
seem, have been invoked here, and the case of ?People vs. Marx,
which reached a diametrically opposite conclusion, followed. We
shall see this law and the interstate clause of the constitution
arrayed against each other presently with different results.

In the matter of railroad regulation, we have seen in the case of
3Wabash, St. L. & P. Ry. Co. ws. Illinois greater stringency in
applying to state legislation the limitations imposed by federal
supremacy as compared with that shown in the Granger cases in
applying the constitutional provisions as to the rights of property
owners. The greater strenuousness of the court in defending
the sovereignty of the central government than in defending
individual or property rights has been often commented upon.

There seems to be something of such a contrast. The reason is
doubtless to be sought in the fact that in applying the federal
restrictions the court is following a new path, and has no guide but
the language of the constitution and the fact, remarked by Chief

11178 U. S., 356 (1886), 299 NV. V., 377 (1885).
SHH (Cb Sis (SiSi7/c

512 HAsSTINGS—POLICE POWER OF THE STATE, [June 19,

Justice Marshall, that it is a constitution which is to be interpreted.
In the other case of individual rights the language of the constitu-
tion is expressly held to have been adopted, in view of the inter-
pretation of those rights by the common law and their real extent
to be determined by legal precedents.

In applying the commerce clause, too, the fear of mutually hos-
tile action on the part of the states, which has been before men-
tioned as the real motive for the adoption of the constitution, not
only fixed the color of all the early precedents on this subject and
established a tradition, but has actively operated ever since, and
with good reason as many state enactments show.

The interstate commerce clause of the federal constitution was
however vainly invoked in the case of *Smith vs. Alabama. The
Supreme Court of that state had affirmed a judgment dismissing
habeas corpus proceedings brought by Smith, a locomotive engineer,
who had been arrested for driving a locomotive on a regular pas-
senger train of the Mobile & Ohio Railway Company from
Mobile, Ala., to Corinth, Miss., being sixty miles in Alabama and
two hundred and sixty-five miles in Mississippi. At Corinth he
took charge of a through train from St. Louis and brought it back
to Mobile, drawing both ways express and mail matter and passen-
gers destined for different states.

He had been committed to jail for violation of the provisions of
an Alabama law requiring an examination and a license to author-
ize an engineer to engage in such an employment. It was admitted
that he had not taken the examination nor procured a license for
driving a locomotive, and that the law provided a penalty of not
less than fifty nor more than five hundred dollars for engaging in
such employment in that state without the license. The law was
claimed to be void as being a regulation of commerce and so an
infringement on the exclusive power of Congress.

The court in an opinion by Justice Matthews finds the law valid
and that the state had such power over persons in its jurisdiction
whose business was interstate commerce :

“There are many cases where the acknowledged powers in the state
may be exerted and applied in such a manner as to affect foreign or
interstate commerce without being intended to operate as commercial
regulations. If their operation and application in such cases regulate
such commerce so as to conflict with the regulation of the same subject

1 124 U. S., 465 (1888).

1900.] HASTINGS—POLICE POWER OF THE STATE. 513

by Congress, either as expressed by positive laws or implied from the
absence of legislation, such legislation on the part of the state to the
extent of such conflict must be regarded as annulled.”

He cites ‘Sherlock vs. Alling to the effect that the general test is
whether the state law acts and is intended to act directly on inter-
state or foreign commerce or only indirectly in the accomplishment
of some other genuine and proper purpose of local government.

He finds that contracts and liabilities of the carrier, though
made in the actual process of interstate commerce, are governed
by the law of the state where they are made, and if the state could
secure civil remedies for a failure to provide a competent engineer
and for damages resulting, it surely ought to be able, by way of
provision in advance for the safety of its citizens, to apply reason-
able penalties for the same purpose.

Perhaps Judge Miller’s argument as to the need of a uniform
regulation, advanced in the case of Wabash, St. L. and P. Ry. Co.
vs. Illinois, would be available here also. There might, conceiv-
ably, be as much difficulty in getting a direct passage through
different states, each exacting a different qualification to enable the
engineer to make up his run, as there would be in getting through
states prescribing different rates of transportation. Justice Bradley
dissented without filing an opinion. It is impossible not to regret
that he did not show the close resemblance in principle between
this and the Wabash case and the difficulty of distinguishing them.

The sequel to Mugler vs. Kansas now appeared. The court in that
case had refused to say whether a state could prohibit the manu-
facture of intoxicating liquors within its borders for purposes of
exportation. J. S. Kidd was the owner of a distillery in Polk
county, Iowa. In December, 1885, Pearson and Loughran made
complaint against him that his distillery was used for the unlawful
manufacture and sale of intoxicating liquors and should be abated
and such use forever enjoined.

The Iowa law was substantially the same as that of Kansas under
consideration in Mugler’s case. The petition for injunction
alleged, after reciting manufacture and sale for unlawful purposes
in the distillery, that Kidd there

‘‘manufactures, keeps for sale, and sells within this state and at the
place aforesaid intoxicating liquors to be taken out of the state and

193 U.S., 99. 2 Kidd vs, Pearson, 728 U. S., 1.

o1-t HASTINGS—POLICE POWER OF THE STATE. [June 19,

there used as a beverage and for other purposes than for mechanical,
medicinal, culinary and sacramental purposes, contrary to the statutes
of Iowa.”

Kidd answered that he held a license to manufacture and sell
intoxicants, except as by law prohibited, and had at all times com-
plied with the law.

At the trial it appeared that no sales were made in the state of
Towa; that all the liquors were for exportation and were sold out-
side of the state. A decree was entered abating the distillery as a
nuisance and enjoining any further manufacture of intoxicating
liquors in it. This decree having been affirmed by the Iowa Su-
preme Court, a writ of error was obtained from Washington. The
state court had held that the statute had permitted the sale of
imported liquors in the original packages, but that intoxicating
liquors might be made in the state only for the purposes allowed by
the law, and transportation and sale beyond the state was not among
them, and that as thus construed the law did not conflict with the
federal constitution.

The federai court found two questions in the case:

First. Did the statute so construed conflict with the commerce
clause of the federal constitution ? :

Second. Was it in violation of the fourteenth amendment as
depriving of property without due process of law? The last ques-
tion is held to be disposed of by the case of Mugler vs. Kansas.

The other question is elaborately discussed by Justice Lamar,
though he declined to admit there was any difficulty in the case.
His proposition is that no power of Congress may attach to that
which has no lawful existence in the state; it having been held
that the state may without infringing on the liberty of its citizens
forbid the manufacture, and having done so that disposes of the
matter and there is no question of commerce concerned.

The contest in Coe vs. Errol between the taxing power of the
state and the commerce clause and the opinion of Justice Bradley
in that case are referred to with the remark that the police power
of a state is as full and plenary as the taxing power.

The insufficiency of logic in this matter to establish a practical
rule has never been better shown than by a comparison of this case
with that of *Bowman gs. C. & N. W. Ry. Co. The police power

SAMS (CE, Soo 5 7c 2125) Ch Sis 405.

1900. ] HASTINGS—POLICE POWER OF THE STATE. 515

wins at this end as completely as it was overthrown at the other.
That case held that the police power of the state of Iowa under
this same law could not interfere with the bringing of intoxicating
liquors into the state by attaching any conditions whatever to such
coming. ‘That is to say: Citizens of other states had an indefeasi-
ble right, as against the state authorities, to find a selling place for
such articles in Iowa. By this case the making and taking to other
states and there selling the same articles is held to be under the
control of the state authorities. That is, those citizens of other
states who have so sacred a right to sell liquors in Iowa that all the
state’s authority may not even affect it, have no right to buy any
there for any purpose and the state may absolutely forbid its being
made there for them, all simply because Congress is authorized by
the federal constitution to regulate commerce.

In 'Kimmish vs. Ball the police power prevailed again over the
commerce clause. We have seen in ?Railroad Company vs. Husen
a Missouri statute forbidding the introduction of southern cattle
during the warm months set aside because it made no distinction
between sound and diseased stock. In Kimmish zs. Ball nearly
the same law of the state of Iowa is upheld upon some distinctions.
It had been discovered that there was a real danger to be appre-
hended from healthy southern cattle during the warm portions of
the year.

In * Minneapolis & St. Paul Railway Company ws. Beckwith, in
reaffirming that a railway company which has failed to fence its
line may be held liable for twice the value of stock injured by
passing trains, the court asserted once more that corporations were
protected as persons by the fourteenth amendment, and that the
amendment does not limit the subject or extent of the state’s
police power. In the case of *Nashville, C. & St. L. Ry. Co. as.
Alabama the case of Smith against Alabama was reaffirmed, with
the additional feature that requiring railways to pay the expenses
of examinations of employees under a state statute is not an un-
constitutional deprivation of property. In °Eilenbecker vs. Dis-
trict Court, Plymouth county, the Iowa liquor laws came back
again. Eilenbecker had been in prison for contempt in not obey-
ing an injunction against his selling intoxicating liquors. A rule

1729 U. S., 217 (Jan., 1889). 47128 Os, S:,190s
295 U.S., 465 (1877). 5 184 U. S., 31 (1890).
3729 U. S., 26 (1889).

516 HASTINGS—POLICE POWER OF THE STATE. [June 19,

issued ; there had been a hearing without a jury, he was found
guilty of contempt and imprisoned. This proceeding was found
to be in no respect a denial of equal protection of the laws; the
right to punish for contempt is found to be inherent in all courts
of superior jurisdiction, and

‘‘to accomplish such a purpose as a suppression of the liquor traffic,

the legislature is warranted in calling on any or all established powers of
the courts.”’

In *Chicago, M. & St. P. Ry. Co. vs. Minnesota, the process of
limiting the principles of the Granger cases continued. In 1887
the legislature of the state of Minnesota established a railroad com-
mission and authorized it to establish rates of transportation. It
required carriers to publish rates of tariff, which were not to be
changed without ten days’ notice.

Such charges were to be submitted to the commissioners, and if
found unreasonable they should change them and should ascertain
a just and reasonable charge which the carrier should adopt, and if
the latter should not do so in ten days the commission should pub-
lish and post it in all stations of the carrier and it should be
unlawful to charge any other rate than the one prescribed. The
commissioners were empowered to obtain writs of mandamus and
of injunction to put rates into effect and to stop all business of the
carrier until they were complied with.

June 22, 1887, the Boards of Trade Union of Faribault,
Farmington, Northfield and Owatonna complained that the charges
of the railway company for carriage of milk from those places
to St. Paul and Minneapolis were unjust, being four cents per gal-
lon from Owatonna and three cents from the other places. The
commissioners forwarded a copy of the complaint to the company
on June 29, and required an answer by July 13. On that day the
parties appeared, and the complaint was investigated. ‘The com-
mission found the rates unreasonable, and that two and a half cents
per gallon was a sufficient charge. The company was notified, as
the law required, in what respect its rates were unreasonable, and of
the finding to which it was expected to conform. It refused. On
October 13 the commissioners published and posted their tariff,
and on December 6 made application by the attorney-general to
the Supreme Court of the state for writ of mandamus against the
railroad company to put the reduced rate into effect.

LAGU nS: 402:

1900] HASTINGS—POLICE POWER OF THE STATE, 517

The application set forth the proceedings; that the former rate
was unreasonable and excessive, and more than was charged else-
where in the state for like service, and unjust discrimination. An
alternative writ was issued, and a return made by the company that
neither legislature nor commission had authority to fix rates;
that the owners of the road alone had such authority, and the
attempt of the commission to do so was taking property without
due process of law.

It claimed that its own rates were reasonable, and any attempt to
reduce them would deprive it of reasonable compensation for its
service. At the hearing the company asked for a reference to take
testimony as to the reasonableness of its charges. ‘This was refused,
and a peremptory writ of mandamus issued establishing the rates
fixed by the commission and awarding costs against the company.

The case was taken to the federal Supreme Court. ‘The state
court had construed the statute to mean that the commission’s rates
were final—not advisory nor prima facie reasonable, but conclusive
—and held the act valid on such construction.

The railway contended that it held by charter the right to make
its own rates of toll. The federal court, however, held that the
charter rights of the company were all held subject to any valid
legislation of the state.

As to the claim, also made by the company, that the acts of the
commission were an unconstitutional deprivation of property with-
out due process of law, the court held itself bound by the con-
struction of the statute made by the state court, that the orders of
the commission were final and conclusive if the law was valid, and
says:

‘It deprives the company of its right to an investigation by due process
of law under the form and with the machinery provided by the wisdom
of successive ages for the investigation judicially of the truth of the
matter in controversy, and substitutes therefor, as an absolute finality,
the action of a railroad commission, which, in view of the powers con-
ceded to it by the state court, cannot be regarded as clothed with
judicial functions or possessing the machinery of a court of justice.”

... ‘©The question of the reasonableness of a rate of charge for trans-
portation by a railroad company, involving as it does the element of
reasonableness both as regards the company and as regards the public,
is eminently a question for judicial investigation, requiring due process
of law for its determination.”’

518 HASTINGS—POLICE POWER OF THE STATE. [June 19,

Justices Bradley and Gray and Lamar dissent. Justice Bradley
finds it a practical overruling of the Granger cases, all of which
had asserted his own doctrine that the determining of the reasona-
bleness of rates is a legislative question.

The concurring opinion. of Judge Miller is interesting. He
thinks the cases should be reversed because of the refusal of the
state court to hear evidence as to the reasonableness of the com-
pany’s rates. He thought it the province of the legislature to fix
rates, but not arbitrary nor unreasonable ones. He thought that
when an unreasonable rate was established by state authority the
remedy was by a bill in equity to set aside the unreasonable action.

The ‘‘commercial power,’’ to use the established phrase of the
court, came in collision with the police power once more in ! Leisy
vs. Hardin, and this time held the field.

Plaintiffs, citizens and residents of Illinois and constituting the
firm of Gus Leisy & Co., replevined from A. J. Hardin, marshal
of Keokuk, Iowa, and ex officio constable, by an action in the
Superior Court of that city, one hundred and twenty-two one-quarter
barrels, one hundred and seventy-two one-eighth barrels and eleven
sealed cases of beer. He had taken it on behalf of the state of
Iowa in accordance with the provisions of Iowa statutes.

On agreement of facts, a jury being waived, the court found that
plaintiffs were a partnership, citizens of Illinois, located at Peoria,
engaged in brewing and selling beer in Iowa and Illinois; that this
beer was made by them, put in kegs and cases at Peoria, sealed up
and a United States revenue stamp of the customs district where
Peoria is located placed on each package, and to open them the
seals must be broken; that they shipped the property from Peoria
to Keokuk; that it was there offered for sale in original packages
in a building owned by one of plaintiffs by their agent; that de-
fendant seized the property on a search warrant, issued by a justice
of the peace in Keokuk upon a sworn complaint charging the
keeping of intoxicating liquors, in violation of Iowa laws; and
further finds that the laws mentioned were unconstitutional and
void; and that on July 2, 1888, the plaintiffs filed their petition
claiming ownership of the beer, and that the warrant under which
it was taken was void, as being in violation of section 8, article i,
of the constitution of the United States, and, filing their bond in
replevin, obtained the beer.

1735 U. S., 100 (April, 1890).

=’

1900. ] HASTINGS—POLICE POWER OF THE STATE. 519

From the foregoing facts the court finds the following conclu-
sions :

“ That plaintiffs are the sole and unqualified owners of the property, and
entitled to the possession of the same and judgment for one dollar
damages for their detention and costs of suit. That so much of chap.
vi, tit. 1, Code 1873, and the amendments thereto, as prohibits such
sales by plaintiffs as were made by them is unconstitutional, being in
contravention of section 8, art. i, of the constitution of the United
States.”

The judgment on this finding was reversed by the state Supreme
Court, and judgment rendered against the plaintiffs on their re-
plevin bond for the value of the beer.

The Iowa laws have been somewhat described in the account of
the cases of Bowman vs. C. & N. W. Ry. Co. and Kidd ws. Pear-
son. No one in person or by agent might manufacture or sell
intoxicants except for medicinal, mechanical, sacramental or culi-
nary purposes, and all liquors intended for other purposes and ves-
sels containing it are declared a nuisance and directed to be seized
and destroyed.

The Supreme Court, in its opinion by Chief Justice Fuller, over-
rules the License cases on the ground that Chief Justice Taney did
not sufficiently distinguish between

“‘the exercise of power over commerce with foreign nations and
among the states and the exercise of power over purely local commerce
and local concerns.”’

He relies on the opinion in Bowman vs. Railway Company. That
case held that intoxicating liquors could lawfully come in despite
any legislation of the state. Applying Brown vs. Maryland, he
thinks the right to import involves the right to sell, and so holds
the forbidding of the sale unconstitutional.

The police power, in its own admitted field, where, as Judge
Miller says,
1“the legislature has the right to call on all powers of the court at
common law or in chancery for the suppression of this objectionable
traffic,”

had now come in collision with the ‘‘commercial power,’’ and

1 Kilenbecker vs. Dist. Court, 734 U. S., 31.

PROC. AMER. PHILOS. SOC. XXXIX. 163. HH. PRINTED OCT. 26, 1900.

520 HASTINGS—POLICE POWER OF THE STATE. [June 19,

had to give way. The commercial power in its ‘‘ dormant condi-
tion,’’ as Chief Justice Marshall calls it, proves the stronger.

It would seem that an admission of the impossibility of making
any but a practical division of the field of government between
these two contending powers, and a declaration of the paramount
character of that of Congress when it should become necessary to
apply it, such as Taney had made in the License cases, would have
been more judicious and quite as judicial. Subsequent legislative
action by both Congress and the states and later decisions seem
clearly now to show this. The determining on what conditions
beer should be sold in the towns of Iowa would certainly seem
more of a local than an interstate or international matter.

If it be said that with permission to the states, in the absence of
Congressional action, to exclude intoxicants they might exclude
other things also and stop commerce, it may be answered that no
such alarm was felt in the case of Kidd vs. Pearson. Nobody
grew afraid that, if the state was permitted to stop the making of
liquors for export, while permitting them to be made for certain
home uses, it might go on and forbid the making cf other things
for export, either generally or to particular states, and so put an
embargo on outgoing commerce.

The fourteenth amendment can be relied upon to prevent
any such promiscuous interference with the rights of the people.
Besides, we have section 2 of article iv of the constitution, that
the citizens of each state shall be entitled to all the privileges and
immunities of citizens in the several states. Chief Justice Mar-
shall had given the true precedent in ’ Wilson vs. Blackbird Creek
Marsh Company.

Justice Gray in his dissenting opinion, by the abstract he gives
of the *License cases, shows even more clearly than those opinions
themselves how the position had changed since 1847. ‘The real
question then under discussion was not the validity of the laws—
all agreed on that—but whether Congress had the power to act if
it wished ; whether it was not so exclusively a matter of state regu-
lation that Congress could not touch it. Now the question was
whether it was not so exclusively a matter of commercial regula-
tion that the state must keep hands off, and the latter was the con-

clusion.
While Judge Gray cites some cases holding that the police power

12 Pet., 245 (1829). 25 [How., 504 (1847).
5 ) 504 (1847

1900. | HASTINGS—POLICE POWER OF THE STATE. 52

excludes that of Congress wherever the former really obtains, he
himself makes no such claim. He ventures no more than to take
Chief Justice Taney’s position and that of Chief Justice Marshall
in Wilson vs. Blackbird Creek Marsh Company, that the states
may act, but not contrary to the express will of Congress. He
hardly suggests that there ever was a question as to which should

- prevail in a real conflict.

At the same term, in * Minnesota vs. Barbour, another police
law was held bad as an infringement on the domain of Congress.
Henry E. Baker was convicted before a justice of the peace in
Ramsey county, Minnesota, of selling for food one hundred pounds
of fresh beef, part of an animal killed in Illinois that had not been
inspected and certified healthy before slaughter, as required by
Minnesota statute. He procured a writ of habeas corpus from the
United States Circuit Court, and was discharged on the ground
that the Minnesota statute was an infringement on the constitution
of the United States. The state authorities appealed.

The law prohibited any sale of fresh meat for human food unless
within twenty-four hours before its slaughter it was inspected and
found in a suitable condition and a certificate to that effect given
by the state inspector. The court held that it was not a matter of
common experience of which it would take judicial notice that
animals destined for food required to be inspected on foot just
before being slaughtered. ‘The law was held bad as being an effort
to exclude meats from other states and not warranted by any
necessity of police.

At the same * session the court refused to issue a writ of habeas
corpus for Kemmler. He had been condemned in New York to
suffer death by an electric shock. He claimed that this was an
unconstitutional punishment, but the court declined to hear him.

In the case of * Rahrer an application for a writ of habeas corpus
was madein the Circyit Court of the United States for the District
of Kansas by Charles A. Rahrer, claiming that he was detained by
the sheriff of Shawnee county in that state in violation of the fed-
eral constitution. It appeared that Maynard & Hopkins, whole-
sale liquor dealers of Kansas City, in June, 1890, appointed Rahrer
their agent in Topeka, Kan., to sell their liquors in the ‘* original
packages’’ in which they were shipped, and in July of that year

171386 U. S,, 313 (1890). 2 Td., 436 (1890).
$740 U. S., 545 (1891).

522 HASTINGS—POLICE POWER OF THE STATE. [June19,
shipped to him at that place a carload of liquors. August 9, 1890,
he sold from that carload a keg of beer which was a separate and
distinct package as originally shipped, and also on that day he
sold a pint bottle of whiskey, which was a ‘‘ separate and distinct
package enclosed in the original wooden box in which it was
shipped.’’ Rahrer owned none of the liquor, but was simply agent
for Maynard & Hopkins.

Rahrer had been informed against properly and a warrant issued
and he was then held by the sheriff. He was not a druggist and
had no permit as such and had applied for none. The Circuit
Court discharged him and the state authorities appealed. The act
of Congress known as the ‘‘ Wilson Bill,” providing that liquors
from other states should be subject on their arrival to the opera-
tion and effect of the laws of the state into which they were
brought, enacted in the exercise of its police powers, ‘‘in the
same manner and the same extent as if produced in that state,’’
and should not be exempt by reasons of being introduced ‘‘in the
original packages or otherwise,’’ took effect one day before this.
sale took place. The Supreme Court held that Rahrer must answer
to the state law.

Chief Justice Fuller describes the police power as

“‘the power to impose restraints and burdens upon persons and prop-
erty in the conservation and promotion of the public health, good order
and prosperity. It belonged originally to the states, has never been sur-
rendered to the government nor directly restrained and is essentially
exclusive.”

Then Justice Bradley’s position in Civil Rights cases, that the
fourteenth amendment did not extend the sphere of congressional
legislation, but only put a negative on certain action by the states
and authorized Congress to enforce that negative as endorsed :

“In short, itis not to be doubted that the power to make the ordinary
regulations of police remains with the individual states and cannot be
assumed by the national government, and in this respect it is not inter-
fered with by the fourteenth amendment.”

After finding this police power of the states thus broadly defined
exclusive, he finds the national power to regulate commerce also
exclusive. But this time he puts this qualification into the de-
scription of national power: it is exclusive ‘‘ when the subjects of
that power are national in their nature.’’ He, however, immedi-

1900.] HASYVINGS—POLICE POWER OF THE STATE. SW:

ately abandons this position. The constitution, he says, by grant-
ing control of interstate commerce, made it free except as Con-
gress shall impose restraint upon it, and the failure of Congress to
regulate is an expression of will that commerce shall be free and
authorizes no restraint by the states:

“If a law, passed by a state in the exercise of its acknowledged powers,
comes into conflict with that will, Congress and the state cannot occupy
the position of equal opposing sovereignties, because the constitution
declares its supremacy.”

He asserts a distinction in kind between ‘‘ commercial power ”’
and ‘* police power,’’ which, though
“‘ quite distinguishable when they do not approach each other, may yet,
like the intervening colors between black and white, approach so nearly
as to perplex the understanding as colors perplex the vision in marking
the distinction between them.”

He quotes at length from Judge Catron in the License cases,
but apparently without perceiving that Judge Catron, while hold-
ing to a concurrent authority of the states with Congress, thought
that such authority could not be a portion of the police power,
because, as he saw, the police power could not be at once sover-
eign and concurrent ; and if he was going to make it a sovereign
and ‘‘ exclusive’’ power, as Chief Justice Fuller here defines it, he
must keep it entirely out of that region where laws of Congress are
supreme.

It would seem that Chief Justice Fuller and Justices McLean,
Catron and Story were making a distinction where none exists.
Force is force, and when applied at the same time to the same
object for the same ends it does not avail much to call it police
power when employed by state authorities and commercial power
when applied by federal officers. Either one.is sufficiently like
the other that, in order to be effective, the other must be over-
come or excluded.

Chief Justice Taney’s perception, in spite of his prejudices and
surroundings, of the identity and concurrent nature of these
powers and of the necessity of federal supremacy is a grand tri-
umph of logic and analysis. Chief Justice Fuller, in making them
distinct in nature, has, while exalting the power of the state in
words, made it subject wholly to that of the federal government.
He finally makes of his ‘‘exclusive’’ state power one that goes or

524 HASTINGS—POLICE POWER OF THE STATE. [June 19,

stops as Congress wills. The justices who had dissented in Leisy
vs. Hardin were justified in concurring in the decision but not in
the reasoning of the Chief Justice.

In * Budd ws. New York the question in the Granger cases again
came up with substantially the same result, the state law of New York
fixing a maximum charge for elevator rates being sustained in the
federal Supreme Court as it had been by the New York Court of
Appeals. The noticeable thing now is the extent to which such
statutes had prevailed, and the extensive citation of them and of
state courts sustaining them which Judge Blatchford gives in the
opinion of the court. They are from Ohio, Illinois, Alabama,
Wisconsin, Kentucky, Pennsylvania, Massachusetts, Indiana,
Nebraska, Mississippi, Maryland and New Jersey.

He holds that what was said in the case of Chicago & St.
Paul Railway Company vs. Minnesota, that a hearing must be al-
lowed as to rates, applies only to those fixed by commissions and
not to those fixed directly by the legislature ; but he does not ven-
ture to rest the case on this distinction, but rather upon the fact
that no effort was made to show that the rates established by the
state were unreasonable. Judge Brewer’s dissenting opinion did
not attack the reasonableness of the rates, but the fundamental
right to establish any.

He thinks it an invasion of rights of property, as the monopoly,
if there was one, was not created by law, and could be broken at
any time by any one who chose to engage in the business of
elevating grain:

“That property which a man has honestly acquired he retains full control
of, subject to these limitations: First, that he shall not use it to his neigh-
bor’s injury, and that does not mean that he must use it for his neigh-
bor’s benefit; second, that if he devotes it to a public use he gives to the
public a right to control that use; and, third, that whenever the public
need requires the public may take it upon payment of due compensa-
tion.”

It would seem that Justice Brewer at that moment recognized
no right to take property in an emergency, no right of regulation
for the sake of public order and convenience, no right of taxation,
no general government control.

There is other authority as to the nature of property. Franklin
was hardly a radical, but he ? wrote in 1783:

17143 U. S.,517 (1892). ? Letter to Robert Morris, December 25, 1783.

1900.] HASTINGS—POLICE POWER OF THE STATE. 525

‘‘ All property, indeed, except the savage’s temporary cabin, his bow,
his matchcoat and other acquisitions absolutely necessary for his sub-
sistence, seems to me to be the creature of public convention. Hence,
the public has the right of regulating descents and all other conveyances
of property and even of limiting the quantity and uses of it.”

It is not by accident or mistake that such control of the uses of
property as is reasonable—that is, as, in the judgment of the court,
the public need really requires—has been upheld.

In * People vs. Squire the application of legislative authority to
electricity and electrical lighting was upheld. Squire was commis-
sioner of public works in the city of New York. The electrical
lines asked a mandamus to compel his permission to excavate and
lay wires. The mandamus was refused by the New York courts,
and the company brought the case to the federal Supreme Court.

In 1882 the company was incorporated for the purpose of con-
structing and maintaining telegraph and telephone lines and elec-
tric conductors for illumination under the sidewalks and streets of
New York and Brooklyn, and owning the franchise for such con-
struction and owning and disposing such real and personal prop-
perty as was needed for the purpose. The telegraph law allowed
such companies the use of highways provided there was no ob-
struction. A further provision required the obtaining of license
before laying any line in city or village streets.

April 10, 1883, the common council of New York city gave
the company permission to lav its lines underground through the
city, subject to certain restrictions. On April 16 the company
accepted the franchise and filed a map, as required, indicating the
space and localities which it would occupy. A considerable sum
was expended in preparations for work, but it did not get ready
to excavate until July, 1886, when it applied for a permit to do so,
which was refused, because in 1885 the legislature had enacted a
law requiring the approval of a board of commissioners of electri-
cal subways before such excavating was done, and such approval
had not been obtained.

The company then brought its mandamus, claiming that the act of
1885 had no application to it under its charter and the agreement
of 1883. The court held that the company was subject to the lat-
ter acts, that it had no absolute right, but only a qualified one, sub-
ject to the state laws. A requirement that the company pay the

1 145 U, S., 880 (1892).

526 HASTINGS—-POLICE POWER OF THE STATE. [June 19,

expense of the commissioners’ examination was sustained as a mere
rule of the public service and not taxation.

That a state may by law change the rate of interest that a judg-
ment is bearing was determined by a divided court in * Morley as.
Lake Shore & Michigan Southern Railway Company. One Mor-
ley had obtained, January 26, 1878, judgment for $53,184.88
against the railroad company for guaranteed dividends on a stock
on another road which had been absorbed by it. This judgment
was contested in higher courts of the state of New York, but finally
affirmed, May 21, 1881, and an execution issued for the amount
and seven per cent. interest.

The defendant company paid the amount with interest at seven
per cent. per annum up to January 1, 1880, and six per cent.
after that, and applied to have the judgment satisfied on the
ground that on January 1, 1880, interest had been reduced by law
in New York from seven to six per cent. per annum. The trial
court refused this, but the Court of Appeals reversed such action,
held the payment sufficient and the judgment discharged.

This action of the Court of Appeals was taken for review to the
Supreme Court of the United States. The New York Court of Ap-
peals had held that there was no special reference to a judgment like
this in the law changing the rate of interest. The United States
Supreme Court accepted that construction. So construed, did the
law impair the obligation of the contract? Plaintiff’s claim was
that while the contract stipulated no interest, it was made under a
law providing for seven per cent. per annum after payment became
due, and that such law was a part of the agreement. It was also
claimed that the judgment itself was a contract. Both contentions
were denied.

Justice Harlan’s dissenting opinion, with which Justices Brewer
and Field concur, argues that the cases, as to what changes may be
made in the law relating to remedies on contracts, sufficiently
establish that this action of the state was an impairment of the
obligation of one.

Yesler vs. Board of Harbor Line Commissioners” is a reminder
of Chief Justice Shaw’s decision as to harbor rights in Common-
wealth vs. Alger, and Minneapolis Railway Co. vs. Emmons ® is a

17146 U. S., 162 (1892). 2 Td., 646.
37149 U. S., 364.

1900. ] HASTINGS—POLICE POWER OF THE STATE. a ATS

strong reminder of Thorpe vs. Rutland, and both serve to show
how the old questions were brought back by the adoption ofthe
fourteenth amendment, and the reference of these matters to the
federal Supreme Court. The two cases are decided precisely on
the lines of those old landmarks of the police power.

On
bo
(o)

HASTINGS—POLICE POWER OF THE STATE. [June 19,

CHAPTER aime
GOVERNMENT VERSUS LIBERTY IN. THE SUPREME Court.

An examination of the police power involves the following of an
extended discussion in nearly every important case, for it is still
true, as it was in the beginning, that the raising of a serious ques-
tion over this matter means a divided court and a judicial debate.
It is not to be forgotten that we are here engaged with the very
subject and department of law in which Bentham so vehemently
assailed Blackstone.

“‘ A task of no less intricacy was here to be traveled through than that
of adjusting the claims of those two jealous antagonists, liberty and gov-
ment.” +

A little investigation will satisfy any one, as it satisfied Bentham,
that

‘‘a more invidious ground is scarcely to be found anywhere within the
field of politics.”

So it comes that scarcely an important decision, as to the limits of
the legislature’s power in any direction where its employment is at
all new, as to which the judges do not disagree.

Not, however, in the case of New York & New England R. R.
Co. vs. The Town of Bristol.” The railroad company appealed
from a decision of the state court upholding a law authorizing the
railroad commissioners to peremptorily require under certain cir-
cumstances grade crossings to be removed and replaced. The
case was not only affirmed but dismissed as raising no new question
with Judge Miller’s remark in Davidson vs. New Orleans,’ that the
fourteenth amendment could not be used

‘Cas a means of bringing to the test of the decision of this court the
abstract opinions of every unsuccessful litigant in the state courts of the
justice of the decision against him and of the merits of the legislation
against him on which such a decision may be founded.”

1 Fragment on Government, Chap. iv, Sec. 15. 2761 Oa S550:
5196°05:, 07 (1877).

1900.1 HASTINGS—POLICE POWER OF THE STATE. 529

The action of the court in declining to look into the claim of
unreasonableness, put forward on behalf of the company, indicates
that a dona fide exercise of the police power whose reasonableness,
and, therefore, whose title to be set above the constitutional guar-
antees of individual rights, has been affirmed by the judiciary of
the state of its origination, is also above such guarantees in the
federal constitution. By the terms the chief justice uses, he con-
fines such a prerogative, as did Justice Harlan in New Orleans
Water Works Company vs. Rivers, to provisions for the safety,
health and morals of the people.

He does not here any more than in Rahrer’s case set the police
power above the federal control of commerce. The lawyers
approached the court on that side and found much comfort. In
the application of the fourteenth amendment, however, there seems
to be an increasing tendency to restrict it by means of the common
law precedents. Even as to the commerce clause, we have just been
told by the latest examiners of that subject that the validity of state
legislation affecting commerce must ultimately become a question
of the extent of the necessity in which its laws have their origin.’

It is impossible, however, not to feel the force of Justice Gray’s
complaint in his dissenting opinion in the original package case
that the court set commerce above the morals, health and safety of
the people. It seems to set commerce above personal and prop-
erty rights.

In Lawton vs. Steele,? Chief Justice Fuller found himself com-

pelled to dissent from a slight extension of his own doctrines just
examined. It was applied to game laws instead of public health,
morals and safety. Steele was a game and fish protector appointed
by the fish commissioners of New York. He seized a quantity of
Lawton’s fish nets on the ground that they were maintained on
state waters in violation of law and destroyed them as a public nui-
sance. Lawton sued for their value.

The nets when taken were for the most part in actual use and
the rest had been just recently. This was in violation of the state
law, which provided that any net for taking fish maintained upon
any waters of the state was a public nuisance, and every game con-
stable was directed to summarily destroy it, and no action was to
be maintained against any person for its destruction. The act

1 Guthrie, 74th Amendment, 76. ERD (OS Wek

530 HASTINGS—POLICE POWER OF THE STATE, [June 19,

forbade catching any game fish in the state waters otherwise than
with a hook.

This law was assailed as depriving the citizen of his property
without due process, as an undue restraint on liberty and an inter-
ference with the maritime jurisdiction of the United States. The
trial court sustained this contention as to the first point and gave
Lawton judgment for the value of his nets. The Court of Appeals,
however, reversed this, sustained the law as a valid exercise of
police power in the state and dismissed the action. ‘To reverse
this judgment the case was taken for review to the United States
Supreme Court. In an opinion by Justice Brown the act is upheld
as within the police power of the state. He finds not only that
the state may interfere on behalf of the public health, safety and
morals, but

“wherever the public interest demands it, and in this particular a
large discretion is vested in the legislature to determine not only what
the interests of the public require but what measures are necessary for
the protection of such interests.”’

He proceeds to investigate the bounds of this discretion just as
any other judge does, by looking at the decisions. He finds in
Rockwell vs. Nearing,‘ a law providing for the summary sale of tres-
passing animals was held bad as a deprivation of property without
due process of law. In that case an examination of the precedents
had shown this not to be an ordinary way of punishing or guarding
against trespasses by animals, so the constitutional provision ruled
it out. The protection of game by means of a forfeiture and sum-
mary destruction of poaching appliances is a common exercise
of governmental power, and so the constitutional protection of
private property is no bar to its use in this case and he finds the
law good.

He cannot forbear, however, expressing some scruples about the
summary destruction of the nets without a trial. As to this, the
precedents are extensively considered together. ‘The refusal of the
court to apply the constitutional provisions for trial by jury to
petty offenses is cited, and the conclusion is reached that actual
injustice can hardly occur under this act. If a party’s property is
wrongly taken he can replevin or sue for damages.

Chief Justice Fuller and with him Justices Field and Brewer dis-

135 UVa Vi, 202.

1990.] HASTINGS—POLICE POWER OF THE STATE. 5381

sent on the ground that the police power rests upon necessity and
the right of self-protection, but private property cannot be arbi-
trarily invaded under the mere guise of police regulation, nor for-
feited for alleged violation of law by its owner, nor destroyed by
way of penalty inflicted upon him without opportunity to be heard.
The chief justice suggests that the utmost limit of police power here
was to sequester the nets from use till their unlawful character
should be ascertained in some sort of a hearing.

The chief justice deprecates the use in the court’s opinion of
arguments as to the smallness in value of the property destroyed.
It would seem that if police regulations are to be required to be
reasonable, if the extent of police interferences with private rights
as well as commerce are to be proportioned to the public emer-
gencies, such consideration as the insignificance of the property in-
volved should be allowed. ‘That seems to be the point of view of
most of the cases cited by Justice Brown.

If the state may take life, property, liberty and all to suppress
insurrection, repel an invasion or meet a sudden danger by fire or
flood, may it not also take a few nets if wrongfully employed, and
it is reasonably necessary for the public interests, and do so ina
like summary manner ?

In Bremen vs. City of Titusville,’ ten dollars was exacted of
plaintiff for taking orders for crayon portraits, with frames for the
same, to be manufactured in an adjoining state. The court held
that this was a tax and not a police regulation and void as a bur-
den on interstate commerce.

In Reagan vs. Farmers’ Loan and Trust Company,’ the question
of railroad rates arose again. The state of Texas in 1891 had
established a railtoad commission and authorized it, and made it
the duty of such commission to adopt all necessary rates, charges
and regulations to govern and regulate railroad freight and passen-
ger tariffs, to correct abuses and prevent unjust discriminations
and extortion in rates and enforce the same by having proper pen-
alties inflicted as prescribed in the law.

Something of a task, even when confined to a single state and
one for whose accomplishment a number of more specific powers
were conferred—to classify lines of road and kinds of freight; to
establish reasonable rates in whole or in part as they should see fit.
Notice and hearing for all railways concerned was required before

1753 U. S., 289 (1894). 2754 (U7, Ss 302.

5382 HASTINGS—POLICE POWER OF THE STATE. [June 19,

adoption of any rate for such road, and the rate fixed was to be
deemed conclusive as between the company and shipper. Any
company dissatisfied with it might file a petition in any court of
competent jurisdiction in Travis county, Tex., to have the rate or
regulation set aside, and the commissioners and state attorney-
general were to answer and the case be tried at once.

The commission established certain rates of tariff for transporta-
tion, and in April following the Farmers’ Loan and Trust Com-
pany commenced action in the federal Circuit Court in Travis
county, Tex., to set them aside and enjoin the commissioners from
attempting to enforce them or any others.

It was in possession of the International & Great Northern Rail-
road by a receiver appointed in an action to enforce $15,000,000
of bonds of the company. It alleged that under the rates estab-
lished the income of the road would be reduced below the amount
necessary to pay interest on its indebtedness, which was three-fifths
its cost, and the rates were unjust and unreasonable and the law
unconstitutional.

The commissioners first answered and took some evidence, then
withdrew their answers and demurred to the petition. ‘The court
found against them on the demurrer and perpetually enjoined
them from proceeding in any manner under the law. They
appealed to the federal Supreme Court, claiming: First, that the
action would not lie because brought against the state; second,
that their rates were conclusive, and, third, that such rates were
reasonable and just, at least so far as the facts alleged indicated.

The first objection was promptly disposed of on Chief Justice
Marshall’s authority in Osborne vs, Bank,* and all the cases follow-
ing it since, holding that where private rights are wrongfully in-
vaded a claim to be acting by state authority on the part of the
defendant does not prevent jurisdiction of the federal courts.

The Granger cases? are held to establish the right of the state
by its legislature to fix transportation rates that shall be Arima facie
reasonable ; the Railroad Commission cases and others since, especi-
ally Chicago G. T. Ry. Co. vs. Wellman,* to determine that such
rates must be set aside if shown to be unreasonable.

Judge Brewer in the opinion finds that the rates fixed were
objected to as a whole; that the court cannot fix rates, but only

19 Wheat., 738. ; i 294 U. S., 155.
143 U S.5 339

1900.] HASTINGS—POLICE POWER OF THE STATE. 5383

say whether those proposed are reasonable or otherwise, and he
finds that the facts admitted by the demurrer show that the rates
established did not pay the stockholders anything, nor even the
interest charges on borrowed capital, which was about three-fifths
of the cost of the road; that the reduction was about one-fourth
from former rates and was unreasonable. He, therefore, set aside
the rate but also the perpetual injunction. He finds the establish-
ment of a too low rate is a denial of equal protection of the laws
to the company and those whose capital was invested in it, but
thinks the commissioners must be permitted to try again.

In Connecticut’ a pharmacist licensed under state laws to follow
that occupation found himself, in 1890, interfered with by a liquor
law, forbidding all sales of intoxicants except under certain con-
ditions and requiring every druggist to obtain a permit, and mak-
ing the granting of such permit discretionary with the county
board. The plaintiff Gray claimed that the law deprived him of
privileges and immunities as a citizen of the United States. Alco-
holic preparations being essential to his business, the law made that
business subject to the arbitrary discretion of the licensing board.
The court by Justice Field disallowed his claim without much dis-
cussion and without attempting to distinguish his case from that of
Soon Hing vs. Crowley.’

In Hooper vs. California,* a law making it a misdemeanor to
procure insurance of a foreign company which had not complied
with the law of the state was upheld and found to be no inter-
ference with interstate commerce.

In Emert vs. Missouri,‘a prohibition of peddling without a
license was held to apply to one selling sewing machines made in
another state, but which he had with him and was delivering them as
he sold them. The logic which distinguishes this case from Bren-
nan vs. Titusville,® the one holding that such a license law is not
constitutional as applied to a canvasser for portrait orders, the
goods to be made outside of the state, is notable.

In Plumley vs. Commonwealth of Massachusetts,® the oleomar-
garine question, over which the state courts divided, came up once
more. The state of Massachusetts in 1891 enacted a law that no
one should sell, offer or keep for sale any oleomargarine colored in

1Gray us. Conn., 159 U. S. 47156 U. S., 296 (1894).

“eilTiGs (CES gk OBE Qilaee (Cf Shy Aes)
3155 U. S., 648 (1894). G55) eS A Ole

534 HASTINGS-—POLICE POWER OF THE STATE. [June 19,

imitation of butter, with a proviso that the law should not inter-
fere with sale of an uncolored article in a separate and distinct
form, such as would advise the purchaser of its character. Inspec-
tors were authorized and required to make complaints and enter all
places where butter and its imitations were sold and take suspected
specimens for analysis.

Benjamin A. Plumley, convicted under this act, sought a writ of
habeas corpus in the state Supreme Court, claiming that he only
offered for sale ten pounds of pure animal fats designed to take the
place of butter; that it was made at Chicago by a firm of which
he was agent, and that he offered it in a package in which it was
sent ; that the article and all made by the firm was wholesome,
nutritious and palatable and a regular article of commerce; that
the Massachusetts law violated both the fourteenth amendment and
the commercial clause of the federal constitution and was repug-
nant to congressional legislation on the same subject.

The state Supreme Court found that oleomargarine is naturally
of a light, yellowish color, and that the material in question had
been colored to imitate butter; that the applicant had offered to
prove his assertions as to the article, where it was made and his
agency to sell it in original packages in Massachusetts, and was
not permitted ; that he had complied with the act of Congress as
- to its sale and it was plainly stamped as oleomargarine. His sen-
tence was held valid and he remanded to custody.

By writ of error the case came to Washington. Justice Harlan
for the court finds that the act of Congress as to oleomargarine
was not intended to regulate interstate commerce, but to lay a tax,
and, like other federal tax laws, has only that effect, and takes no
authority away from the state. He finds such authority in the state
over foods and their purity. He easily distinguishes the various
cases, in which police objects were mere pretexts, from this one.
But when he comes to Leisy vs. Hardin, he can only say that in
that case the article offered was genuine beer and no imitation, and
therefore the declaration in that case that no state can make an
article prohibited which is generally accepted as an article of com-
merce does not apply to this one.

Of course, as we have seen, the case concedes that the article
offered was wholesome and an article of commerce shipped from
Chicago, where it was regularly produced in quantities, but Massa-
chusetts had said that its color condemned it. Chief Justice

1900.] * HASTINGS—POLICKE POWER OF THE STATE. 030

Fuller naturally dissented, and with him Justices Field and Brewer.
The claim of police power in this matter becomes very slight when
it is recalled that the act of Congress provides ample safeguards
for the stamping of oleomargarine packages. All the state needed
to do to guard against deception was to provide that its own citi-
zens should not offer the substance except in such packages un-
broken.

To determine, with all the refined subtleties that regulate the
intercourse of independent states, how imitation butter shall be
offered in village markets is a distinct feature of American juris-
prudence. ‘The real support of such determination is the sound
one adverted to by Justice Harlan in the last paragraph of his
opinion: the impropriety of overturning state legislation in the
Supreme Court except in cases of real, if not of absolute, neces-
sity. This time it saved Massachusetts from danger of eating col-
ored oleomargarine contrary to the will of her legislature, though
the doctrine was not applied to save the good folks of Iowa from
imported beer.

The police power received another earnest attempt at ‘‘ delimi-
tation ” from another point of view in the ? United States ws. E. C.
Knight Company. An act of Congress of July 2, 1890, provided
that every contract, combination, in form of trust or otherwise, or
conspiracy in restraint of trade and commerce among the several
states, is illegal, and that persons who shall monopolize, or who
shall attempt to monopolize, or combine, or conspire to monopo-
lize, trade or commerce among the several states, shall be guilty of
a misdemeanor.

The American Sugar Refining Company, having New York and
New Jersey named as its principal places of carrying on its busi-
ness of making, refining and selling sugar and its products, had,
prior to March, 1892, obtained control of all the sugar refineries of
the country, except of four companies in Philadelphia, which
refined about one-third of the sugar used in the United States, and
one in Boston, refining about two per cent. of it.

In March, 1892, the American Company bought all the stock of
the four Philadelphia companies and increased its own capital
stock by $25,000,000. There was no understanding or agreement
to all sell at once on the part of the four companies. After the

1156 U. S., 1 (Jan., 1895).

PROC. AMER. PHILOS. SOC. XXXIX. 162. II. PRINTED ocT. 24, 1900.

536 HASTINGS—POLICE POWER OF THE STATE. [June 19,

purchase, the Philadelphia refineries were operated in pairs for
reasons of economy, and a little more sugar produced than before.
The American Company bought them in order to

‘obtain a greater influence or more perfect control over the business of
refining and se/Zmg sugar in this country.”

After such purchase the American Company refined and sold all
but about ten per cent. of the sugar used in this country.

These facts were shown in an action brought by the Attorney-
General of the United States to enjoin the consummation of the
purchase by the American Company, generally known as the Sugar
Trust, and to compel the restoration of the stock and franchises to
the four companies. The act of Congress referred to provides for
the punishment of persons violating it, and also for proceedings in
equity in the United States courts to enforce its provisions.

The Circuit Court dismissed the action, and the government
appealed it to the federal Supreme Court, and in an opinion by
Chief Justice Fuller the decree of dismissal was confirmed. He
did not think commerce a part of manufacture nor manufacture a
part of commerce, nor that arrangements to control manufacture
were combinations to interfere with interstate commerce. He,
therefore, held the matter not within the power of Congress.

“It is vital that the independence of the commercial power and of
the police power, and the delimitation between them, however some-
times perplexing, should always be recognized and observed; for while
the one furnishes the strongest bond of union, the other is essential to
preserve the autonomy of the states as required by our dual form of
government, and acknowledged evils, however grave and urgent they
may appear to be, had better be borne than the risk be run in the
efforts to suppress them of more serious consequences by resort to ex-
pedients of even doubtful constitutionality.”

He finds the power to govern men and things within the limits
of its dominion

‘a power originally and always belonging to the states, not surrendered
by them to the general government, nor directly restrained by the con-
stitution of the United States and essentially exclusive.” ... . ‘‘ That
which belongs to commerce is within the jurisdiction of the United
States, but that which does not belong to commerce is within the juris-
diction of the police power of the state.”

The case of Kidd ws. Pearson, cited as to its argument that

1900.] HASTINGS—POLICE POWER OF THE STATE. Sou

manufacture is no part of commerce, is made largely the basis of
the decision. In Chief Justice Fuller’s view, the trust was a manu-
facturing organization, and with the control of manufacturing the
states alone are concerned. He thinks the law carefully framed
with a view to established principles in not professing to deal with
monopoly as such, but only with combinations ‘‘to monopolize
trade with foreign nations and among the states.’’ He finds in
the acts complained of no direct relation to commerce between the
states or with foreign nations, and that the allegations of the dis-
tribution of the company’s products among different states and of
dealings with foreign nations show merely that ‘‘ trade serves manu.
facturing.’’

The Chief Justice’s use of Kidd vs. Pearson seems hardly a fair
one. Justice Lamar’s position really is that Mugler vs. Kansas had
ascertained that intoxicating liquors were so far an exception among
commodities that their manufacture could be forbidden without in-
fringing on the liberties of a citizen; that their manufacture had
been forbidden in lowa, except for certain purposes, and that for
any other purpose they had no lawful existence in that state and so
could not become subjects of commerce there. That he would
have applied the holdings of the same case to the manufacture of
sugar is impossible to believe. Selling is as much a part of com-
merce as is buying, and manufacture is as closely connected with
selling as is transportation with either. Justice Lamar’s argument
that with manufacturing as such Congress has nothing to do is
merely incidental.

The dissenting opinion urges with great force that this is not a
mere manufacturing organization, but also a buying and selling
one. The very purpose for which it sought to control sugar manu-
facturing facilities was in order to control the market, and the
trial court so found. What market? None other than the inter-
state market of this country, as the proof amply shows. The only
object of controlling the production was for the express purpose of
monopolizing foreign and interstate trade in the thing produced, to
control the price by monopolizing the product. It attacks the im-
plied assertion of the court’s opinion that because the company is
a manufacturing one it cannot also be a trading one and of a for-
bidden kind. Indeed, there seems implied in the court’s opinion
a doctrine that the trade activity of this trust cannot be regulated
without affecting its manufacturing, and so Congress has no power,

588 HASTINGS—POLICE POWER OF THE STATE, [June 19,

Perhaps in no other case since the civil war is there a suggestion
that Congress should not regulate commerce lest it trench on the
police power.

It needs no extensive reading between the lines in both opinions
to see that in each case the writer’s real point of view is national
expediency—the one fearing to have Congress venture into such a
field, the other fearing the consequences of its not doing so. The
cases and statutes dealing with contracts in restraint of trade and
the state’s power over them cited in this opinion would of them-
selves furnish material for a more extended work than this.

In 1 Geer vs. Connecticut we have another application of the case
of Kidd vs. Pearson. Geer was convicted of having game in his
possession for the purpose of shipment to another state, which is a
penal offense in Connecticut. The conviction was sustained by
the state Supreme Court, and taken on error to that at Washington.
This case brought on another judicial debate. The law was sus-
tained by a bare majority of the court, Justices Brewer and Peck-
ham not sitting, and Field and Harlan dissenting.

The majority opinion by Justice White upholds the law by an
ingenious argument that property in game is a qualified one; that
the state has especial authority to say under what conditions it
shall become perfect. From this, with a large array of citations
from civil and common-law countries and states, the conclusion is
drawn that the state may say on what terms game can be killed.
Having prescribed one of them that it shall not be for shipment, it
may prevent such shipment, and in that state no one can become
possessed of such a property in killed birds as may be protected by
the commerce clause.

The dissenting opinions find no difference in the ownership of
game once killed and reduced to possession from property in other
things, and declare the law bad as a palpabie regulation of inter-
state commerce. Neither opinion ventures to assert that ordinary
property can be forbidden to leave the state. A feature of this case
is that in Kansas and Idaho similar laws had been held to be con-
trary to the federal constitution by state and territorial courts.
Another feature is the duty which Justice White finds in a state to
look after a food supply for the people to avoid the evils of scarcity.

In? Western Union Telegraph Company vs. James, a Georgia
law fixing a penalty for failing to deliver telegrams promptly and

VV61 C2 S., 519. 2 162 U. S., 650 (1896).

1900 ] HASTINGS——POLICE POWER OF THE STATE. 539

impartially, provided that addressee lived within a mile of the
company’s station or in a town or city where such station was situ-
ated, was held valid as an exercise of the police power, which the
court declines to define, but describes as

‘“‘the general power of the state to enact such laws in relation to persons
and property within its borders as may promote the public health, the
public morals and the general prosperity and safety of its inhabitants.”

In * Telegraph vs. Pendleton a law of Indiana, similar in its
terms, was held to have no validity as to a message sent from In-
diana to Iowa, Indiana having no authority to prescribe what shall
be done in another state. In the Georgia case the law is held to
apply to messages sent from beyond the state, on the ground that it
does not necessarily affect the action of the company in any other
state, nor establish any discrimination against non-resident com-
panies.

In? Hennington vs. The State of Georgia the question was on a
statute forbidding the running of freight trains on Sunday. This
is sustained, although its effect might be to stop trains running
across the state from and to other states upon that day. It is pro-
nounced a police regulation and not one of commerce, though in-
cidentally affecting that subject, and good ‘at least until Congress
interferes.’’

Chief Justice Fuller and Justice White object that a state can
make no regulation of commerce, and this act, which suspended it
for one day out of seven, was certainly a regulation, and no police
power could authorize an interference with that which the constitu-
tion made free except as Congress should limit it. Perhaps, feel-
ing the force of this, the court, in its opinion by Justice Harlan,
gathered a great array of state decisions as to Sunday laws, and of
federal cases which uphold state laws affecting commerce, but not
aimed at it.

In * Illinois Central Railroad Company vs. Illinois, on the other
hand, a statute of Illinois which, as construed by the courts of that
state, required the company to take its through passenger trains
three miles out of their way to stop in the city of Cairo before
passing into Kentucky and other states was held to be aimed at
commerce and void.

1 102 U.S., 347 (1887). 2 163 U. S., 299 (1896).
3 [d,, 142 (1896).

‘WRC,

540 HASTINGS—POLICE POWER OF THE STATE. [June 19,

In ’ Plessy vs. Ferguson the question was the constitutionality of
a law requiring all railroad companies in Louisiana to provide
equal but separate accommodations for white and colored passen-
gers, and that no person be allowed to occupy seats other than that
assigned, and requiring train officers to assign passengers their
place according to race and color, and fixing a penalty for not
obeying such assignments. Plessy had been assigned to a coach,
but had insisted on taking one in which he did not belong. Such
was the charge. It made no mention of his race. He made appli-
cation to the Supreme Court of the state for a writ of prohibition
to stop such proceedings against him, alleging that the law was un-
constitutional. It held the law valid, and he procured a writ of
error. He claimed to be seven-eighths Caucasian and one-eighth
African; that the African admixture was not discernible, and that
he was entitled to all the privileges and immunities of a citizen of
the United States of the white race ; that, so thinking, he took the
white man’s coaca, was ordered to take another provided for col-
ored persons, refused, and was ejected by the aid of a police officer.
He claimed the act was contrary to both the thirteenth amendment
and to that clause of the fourteenth which prohibits certain legisla-
tion on the part of the states. The statute was sustained. The
court found that merely providing a separate car for colored people
and requiring them to take it was not depriving them of any right
secured by either amendment.

Justice Brown in the opinion cites a long array of decisions from
state and federal courts upholding such enactments. Justice Harlan
assails the act as a violation of liberty in not permitting white and
black persons who desire to do so to travel together. He suggests
that this law is not very consistent with the reiterated holding of
the court that black and white jurors must be permitted to serve on
the same cases, and suggests that some one may be proposing a law
to separate them by some kind of a partition while so serving.

In ?St. Louis & S$. F. Ry. Co. vs, Matthews old principles re-
turn again in the holding that a state law making railway com-
panies liable for all damages caused by fires starting from their
locomotives is valid. The court finds that under the ancient law of
England all persons were liable for damage arising from fires of

their own lighting, and that the statutes in this country had uni-

1768 U. S., 537 (1896). 2 765 UW. S:, 1 (1897).

1900.] HASTINGS—POLICE POWER OF THE STATE. 541

formly declared such a liability on the part of railroad companies
and the statutes were universally upheld.

In * Robertson vs. Baldwin we have another example of the cur-
rent method of interpreting constitutions by common-law prece-
dents. The doctrine is expressly declared that the federal bill of
rights embraced in the federal constitution is like other bills of
rights, to be held to refer to those rights as defined and established
in the common law. From an exhaustive examination of the de-
cisions, Justice Brown concludes that the contract of a seaman to
remain in service may be enforced by summary process and by con-
fining him, and that this does not constitute involuntary servitude.
The cases cited go far back into history. The refinement to which
he is forced in order to show that these summary proceedings are
not cases in the meaning of the constitution is a striking example
of how thoroughly precedents control the ordinary meaning of the
terms in even the national constitution.

In ’? Allgeyer vs. Louisiana we have the latest definition, by high
authority, of liberty. A law of that state provided a fine of a
thousand dollars for doing

“‘any act in this state to effect for himself or another insurance on
property then in this state in any marine insurance company which has
not complied with the laws of the state.”

Allgeyer & Company, exporters of cotton in New Orleans, made
shipments to foreign ports and against them drew drafts. These
drafts were frequently negotiated in New York. When so nego-
tiated a policy of marine insurance was attached. They would
notify the Atlantic Mutual Marine Insurance Company at New
York that insurance was wanted and attach an order for it to the
draft. The correspondent in New York getting the draft and order
would obtain the policy and attach it to the draft and bill of
lading before negotiation.

October 23, 1894, a notification was sent by Allgeyer & Com-
pany from New Orleans to the insurance company at New York
that a marine policy for $3400 was wanted on one hundred bales
of cotton, which were at that time in Louisiana for shipment. For
this Allgeyer & Company were by the Louisiana state court required
to pay the penalty of one thousand dollars, and they procured a
writ of error from the federai Supreme Court.

1 165 UO. S., 275 (1897). 2 /d., 578 (1897).

542 HASTINGS—POLICE POWER OF THE STATE. [June 19,

That court reversed the case and held that the Louisiana statute,
in attempting to exact a penalty for transacting business otherwise
lawful merely because it was done with citizens of the United States
outside of Louisiana, was unconstitutional. The court says, opin-
ion by the chief justice, that the statute is

‘a violation of the fourteenth amendment and of the federal constitu-
tion in that it deprives the defendants of their liberty without due pro-
cess of law.’”’ .... “‘ The liberty mentioned in that amendment means
not only the right of the citizen to be free from mere physical restraint
of his person, but the term is deemed to embrace the right of the citizen
to be free in the enjoyment of all his faculties, to be free to use them in
all lawful ways, to live and work where he will, to earn his liveli-
hood by any lawful calling, to pursue any livelihood or avocation, and
for that purpose to enter into all contracts which may be proper or
necessary and essential of his carrying out to a successful conclusion the
purposes above mentioned.” .

“But we do not intend to hold that in no such case can the state exer-
cise its police power. When and how far such a power may be legiti-
mately exercised with regard to these subjects must be left for determi-
nation to each case as it arises.”

In Gladsdon vs. Minnesota’ a statute of that state requiring
railroad companies to stop every regular passenger train at all
county seats on their lines, so as to let out and take on passengers,
was held valid and not unreasonable with an extended citation of
cases by Justice Gray. He distinguishes the case from Illinois Cen-
tral Ry. Co. vs. Illinois by the fact that the requirement in that
case was unreasonable and operated directly as a detention of inter-
state traffic.

Davis vs. Massachusetts? upholds the city ordinance of Boston
prohibiting public speaking on public squares without a permit
from the mayor. The court declined to consider any question of
reasonableness or unreasonableness of such arrangements of the
city in reference to its own parks.

In the 1897 term of the federal court there were seventeen cases
involving the police power directly, and many others more or less
indirectly involving it. It is not possible to even summarize them
here. They introduced no modifications of doctrine, but many
new applications. In Holden vs, Hardy® is one of the most inter-

1766 U7. Sis 427 (1897)): 2767 U. S., 43 (1897).
2769 U. S., 366.

eS.

1900.] HASTINGS—POLICE POWER OF THE STATE. 043

esting recent discussions of the police power in regard to a question
as to which the state courts disagree. A statute of Utah forbade
employment of workingmen for more than eight hours of the day in
mining, smelting or refining and reduction of ores and metals.

Holden was convicted of employing one John Anderson to work
asa miner ten hours a day. He claimed that the law deprived him
and his employés of liberty; that it was class legislation, and also a
deprivation of equal protection of the lawsand of property and
liberty without due process of law and of his privileges and immu-
nities as a citizen of the United States.

The Supreme Court holds the law good, Justices Brewer and
Peckham dissenting. Justice Brown, in the opinion by the court,
reviews the history of the fourteenth amendment and, to a great
extent, its application by the federal Supreme Court. He divides
the cases into: First, those where legislation is claimed to have
discriminated unjustly against some individual or class, and so de-
prived particular individuals of their fundamental rights, and,
second, where the legislature has changed or abolished something
which had been deemed essential to the administration of justice. _

This is preliminary to a general survey of changes in procedure
and substantive law in this century, among which he emphasizes
mitigation in severity of punishments, emancipation of women,
disuse of the grand jury, simplification of the law of real property
and of the law of civil procedure. The definition of liberty in
Allgeyer’s case is approved as establishing a property right of con-
tract, but Commonwealth vs. Alger is cited to the principle that
no property right is above the police power when rightly used.

The prohibition of lotteries and of dealing in intoxicating bever-
ages are instanced as late developments in the use of this power in
relation to contracts. Citations of cases and statutes as to mines
and mining are extensively given, and he concludes that, if safety
can be required in appliances, reasonable hours of employment in
the interest of health and morals may also. He declines to express
any opinion as to the constitutionality of a general eight-hour law,
but he thinks it allowable to establish it in the employment under

‘ consideration. Similar laws in many states are not upheld.

In Smyth vs, Ames! we have the last determination as to rail-
road rates. Freight rates established by the Nebraska legislature

1769 U. S., 466 (1898).

544 HASTINGS—POLICE POWER OF THE STATE. [June 19,

were held unreasonable and therefore invalid. The decision in
the Circuit Court had been by Judge Brewer along precisely the
same lines as in Reagan vs. Trust Company, above. This was
affirmed with no new suggestions, unless, perhaps, the one that a
fair value of the property used must be the basis of any reason-
able rate, and that this is to be determined from all the relevant
circumstances in the case.*

In C., B. & Q. Railroad Company vs. The State of Nebraska,
the rights of state and city in controlling streets is considered. A
viaduct had been constructed in Omaha under a statute authorizing
a division of expenses in such work between the railway companies
and the city. It had been built as the result of an agreement be-
tween two companies jointly and the city. It became out of repair,
and the city, under a new statute requiring the railroads to main-
tain such viaduct, assessed the cost of repairing against the roads.
The court holds that although the city had originally agreed to bear
two-fifths of the expense, there was no ground to hold that the city
had parted or could part with its police power to require the roads
to comply with the law as to repairing the street.

In Hawker vs. The People? the right of the state to prescribe
the qualifications of those who may practice medicine was strin-
gently upheld. The law forbade any one who had been convicted
of a felony from practicing medicine. It was attacked on the
ground that it was ex fost facto, and provided an additional pun-
ishment after the commission of the offense. Hawker had been
convicted of felony and had served his time of punishment before
the enactment of the law. The court, however, says that the pur-
pose of the act was to secure reliable service to the people in sick-
ness and was not punishment. If some additional hardship is
incidentally suffered by those who had previous to its enactment
been convicted of crimes, as was the case with Hawker, such fact
did not vitiate the law nor take away its application to them.

In *Rhodes vs. Iowa and ‘Vance vs. Vandercook Co., both de-
cided May g, 1898, the liquor laws came back again, in the former
case the old dispute between the commerce clause and the state
exercising its duty of police. The question was simply whether
the imported ‘‘ goods”’ or ‘‘ evils,’’ as the state law esteemed them,
could be seized while in the possession of the transporting agen-

URL ONCL Seah 7): 370) is Shy Aes
2 Td., 189 (1898). 4 Td,, 468.

1900.] HASTINGS—POLICE POWER OF THE STATE. 940

cies on reaching the state or only after delivery to the consignee.
The latter is held to be the meaning of the “‘ Wilson Bill.’’ Jus-
tices Gray, Harlan and Brown dissent, in the first place because,
they say, the police power of the state attached any way without
help from the ‘‘ Wilson Bill.’’ In the next place they hold strenu-
ously that when Congress said that the liquor should be subject to
the state law on arrival within the state, those plain words indi-
cated a plain intention and should be followed.

In Vance vs. Vandercook Co. the police power gave way before
the commerce clause, but prevailed as against the fourteenth amend-
ment. The South Carolina law stopping all private traffic in
liquor and creating a state dispensary was in part upheld. The
company was shipping wines from California to an agent in South
Carolina to be sold in unbroken packages and asked an injunction
against the agents of the state who threatened ta take possession of
the stock. The United States Circuit Court for South Carolina
granted the injunction and the state officers appealed.

The year before in + Scott vs. Donald, in substance the same law
of the state had been before the court, but was found bad on
account of some minor discriminations against liquors produced in
other states. The authority of the state to create such an agency
and forbid all private sale was not passed upon. The law as now
amended was objected to, first, as repugnant to the commerce
clause ; second, that in directing state officers to buy and sell all
liquors in the state, the law forbade sales by others in the original
packages ; and, third, that the law hampers the shipping in of
liquors to a citizen for his own use by conditions destructive of the
right.

It was held that the state might establish its own dispensary, but
could not require each resident ordering wines or liquors to furnish
a sample of his proposed purchase to the state chemist and geta
certificate of its purity. This was held not to be an inspection law
as the liquor actually shipped was not inspected.

In * Schollenberger vs. Pennsylvania and Paul vs. Pennsylvania,
oleomargarine triumphed with the aid of the commerce clause.
The same statute, as in the case of * Powell vs. Pennsylvania, was
under consideration, but this time instead of a home manufacturing
plant to be rendered worthless, if the manufacture was forbidden,

1765 U,S., 58. ce bi MET oe Sars Ve
3727 U, S., 678.

546 HASTINGS—POLICE POWER OF THE STATE. [June 19,

the question was as to the sale of an ‘‘ original package.’’ Schol-
lenberger had sold some oleomargarine for the Oakdale Manufactur-
ing Company of Rhode Island, and his business in Philadelphia
was selling it, as agent for that company. It was duly marked, and
he had paid the United States tax for license to carry on the
business and held such license. He was fined for selling a forty-
pound package in the tub in which it was shipped.

Oleomargarine is found to be an article of commerce, and as no
attempt to show its unwholesomeness had been made, and Congress
had provided for its inspection and condemnation if found to con.
tain unwholesome ingredients, it was presumed wholesome. The
law which was good against Powell’s personal right to pursue an
honest calling, which was valid to beggar him by destroying the
value of his plant, was powerless against the introduction of the
same article from Rhode Island.

In Powell’s favor were the express words of both state and federal
constitutions guaranteeing him both liberty and property. In
favor of the retailing agent there is only the implied prohibition
contained in giving to Congress power to regulate commerce be-
tween the states. But that fear of commercial wars which caused
the federal constitution is not behind the fourteenth amendment,
nor behind any of the precedents by which it is construed.
Justices Gray and Harlan forcibly dissent, relying on Plumley’s
case. They also dissent in the following case of * Collins vs. New
Hampshire, where the court held bad for interfering with commerce
a law requiring all oleomargarine to be colored pink before it was
offered for sale. The court concluded that the law was simply
intended to prevent the sale of the article. If such sale could not
be directly prevented, as they had just held that it could not, it
ought not to be done indirectly.

During the current term of the court in ? Blake vs. McClung the
right of the state to provide that its own residents shall first be
paid out of the assets in the state of a suspended corporation was
denied as contrary to section li of article iv of the federal consti-
tution, so far as individual citizens of other states were concerned,
but upheld as to foreign corporations, with a vigorous dissent from
Justice Brewer and Chief Justice Fuller.

By * Chappell Chemical and Fertilizer Company vs. Sulphur

ISL TEL, Sep k0) AT 2A stg 220) OU relay fe

1900. ] HASTINGS—POLICE POWER OF THE STATE. OAT

Mines Company, the right of the state of Maryland to provide that
in the city of Baltimore, only, cases should be tried by the court,
unless the jury is demanded by a specified time, was upheld as not
denying equal protection of the laws.

In ? Orient Insurance Company vs. Daggs, the right to require all
insurance companies to pay the full amount of insurance in the
event of the total loss of the property, regardless of its value, is
maintained on the ground of the general right to prescribe the
terms on which corporations may do business.

In * Wilson vs. Eureka City, an ordinance forbidding the mov-
ing of a building across a city street without permission of the
Mayor is found not to give any unconstitutional or arbitrary power
to the Mayor, on the authority of Davis vs. Massachusetts, not-
withstanding a long array of cases from state courts, based on 3 Zz
ve Frazee, opposing arbitrary power in municipal officers.

In* Loan and Trust Company vs. Campbell Commission Company,
the allowance of attachments against non-resident debtors without
bond while requiring one as against residents, was sustained as not
denying equal protection of the laws.

An Arkansas statute requiring immediate payment of all arrears
in wages on discharge of an employee of a railroad company is up-
held against a similar attack in St. L. & I. M. & S. Ry. Co. ws.
Paul.

In February, 1899, the question of the right of Ohio to require
every railroad company in that state to stop at least three of its
regular passenger trains in all towns of three thousand or more
inhabitants through which so many trains of the road should run
daily was held to be entirely within the police power of the state.
The power is expressly held to extend not only to the public health,
morals and safety, but to every thing that promotes public peace,
comfort and convenience.

It is true that this is done by a bare majority of a divided court.
It is to be noted again that the contention in the matter is not as
to any violation of property rights or individual or even corporate
liberty. The question is not raised as to the right of a state to
make such requirements of its own citizens or corporations, but
simply whether the commerce clause is in the way.

V7 2) Ce S 555 71° ULAINOG Shp. vt,
AH (OG Sky es 5 Ti., 404.
363 Mich., 390.

48 HASTINGS—POLICE POWER OF THE STATE, [June 19,

On

The minority claim that such action is contrary to the dogma of
exclusive power in Congress to regulate interstate commerce, and
especially that it is inconsistent with Justice Miller’s opinion in
* Wabash, Etc., Ry. Co. vs. Illinois and the precedent on which that
case chiefly rested, 7 Hall vs. DeCuir. The majority, however,
deliberately extend the police power in matters affecting commerce
to provisions for the public convenience and general welfare as well
as for guarding public safety, health and morals. Justice Harlan in
the opinion of the court says:

“Tt may be that such legislation is not within the ‘police power’ of a
state, as those words have been sometimes, though inaccurately used, but
in our opinion the power, whether called ‘police,’ ‘governmental’ or
‘legislative,’ exists in each state, by appropriate enactments not forbid-
den by its own constitution or by the constitution of the United States, to
regulate the relative rights and duties of all persons and corporations
within its jurisdiction, and, therefore, to provide for the public conve-
nience and the public good.”

Such is the last decision of the federal Supreme Court as to
that mixture of political theories and English and American prece-
dents which by a series of events which have been sought to be out-
lined acquired the name of ‘‘ police power,’’ and has gone on
forming new precedents. Brunetiére declares that the greatest in-
fluence in developing new literature is always former literature. It
is still more true that the greatest influence in shaping new de-
cisions is earlier ones, and the final form any new principle will
assume cannot be known till its adaptation into existing ones is
accomplished. ‘The mixing of the precedents as to the powers of
crown officers and chartered municipal and trading corporations
with theories of sovereignty and legislative functions, all adapted
to the exigencies of American life, has brought the result which has
been sought to be shown.

1718 U. Ss 557- 295 U. S., 485.

1900.] HASTINGS—POLICE POWER OF THE STATE. 549

CHAPTER hve

CONCLUSION.

The foregoing has been written quite in vain, and under a com-
plete misapprehension, if there is any need of extended discussion of
the relations of the police power decisions to the general growth of
law. As tothe police power itself enough and too much has been
said. If that were the subject of examination the work might be
as brief as the famous chapter on the snakes in Ireland, as compen-
dious as De Tocqueville’s remark as to the English constitution,
‘Elle n’ existe point.”’

It is not necessary to adopt Treitschke’s oft-repeated declaration,
Eat the state is force,’ in. order to conclude that “‘the police
power ’’ isa fiction. Every judge whom we have seen attempt to
analyze it finds in it Madison’s ‘‘ indefinite supremacy’’ of the
state. The doctrine of faculties and separate powers of the state
may not be as essentially absurd as Treitschke thinks,* but in our
case the term is certainly a mere abstract and collective one for the
state, where regarded as employed in certain functions ; and con-
stant forgetting of this fact has made endless trouble.

Judges and lawyers need to recollect constantly that the police
power is not an entity. They need to assure themselves of
this quite as earnestly and as often as Claud Bernard found that
physicians need a like assurance with regard to disease. This is
obvious enough to have required no demonstration, and Justice
Harlan’s opinion, last February, in Lake Shore Railroad Company
vs. Ohio, has done this work with satisfactory thoroughness, if it
was needed.

If the whole significance of these cases has not been miscon-
ceived, the characteristic thing about this latest development in our
jurisprudence is its unintended growth out of unconscious habits.
Chief Justice Marshall dropped the seed without intending it.
Justice Barbour picked it up without observing it, and until it had

1 Vorlesungen, Vol. 1, 33-323; Vol. 2, 11-27, and elsewhere.
31d VO. 2; Pp. 3:

5910) HASTINGS—POLICE POWER OF THE STATE. [June 19,

grown almost to its full size no one remarked it as anything pecu-
liar. Then the process of identifying it with something quite
ancient, with which it was only remotely connected, began.

The suggestion of Marshall’s was put forward to serve a need to
enable the slave states to minister to their ‘‘ peculiar institutions,’’
while the national authority was nevertheless enforced. It was
done almost involuntarily by judges who used it because it lay at
hand and was available. Then it was used in the states to resist
extravagant claims of property and corporate rights and to extend
restraints over the liquor traffic. After the civil war it was needed
again for the same purpose to enable the states to maintain their
autonomy against the reconstruction legislation of Congress and the
new amendments ; and, again, it was involuntarily seized upon and
crowded into the gap.

In such use it so wrought upon legislation that it finally triumphed
cver the bills of rights almost completely, but the fourteenth con-
stitutional amendment, almost wholly balked by our legal habits of
its intended effect as to the negro race, was turned by those habits
to the accomplishment of purposes in relation to property and legis-
lation that the framers of it did not even remotely conceive.

We have here, then, an edifice which no one planned, which de-
veloped under the hands of learned and thoughtful men without
their perception of it, took finally a form quite different from the
thing that was meant, and all in regard to matters put forth in care-
fully devised constitutions, the result of the utmost deliberation.
Is there in the history of jurisprudence a stronger exhibition of the
overwhelming force of habit and circumstances in shaping law, as
compared with will and intention? Does not this show, indeed,
that law derives its contents from the needs of the community for
which it serves?

Law, as Austin and Bentham thought, is established by the will
of a lawgiver. ‘That much may be granted, but the Supreme Law-
giver has ordained that it shall be maintained by habit. It be-
comes law in effect only by reason of its ability to transform the
compliance with it from a voluntary and intentional act into an in-
voluntary and effortless habit. The wisest lawgiver is unable to
foresee how far he can do that, for two reasons. He is not thor-
oroughly acquainted with his subject’s habits, already formed, nor
with their degree of persistence. He does not know what new
forces may come to interfere with him. So it happened that Solon

1900.] HASTINGS—POLICE POWER OF THE STATE. 555)"

found the brief years of his Asiatic journey sufficient to set aside
nearly all those laws which his countrymen had sworn to observe
forever.

It requires but a moment’s reflection to recognize the over-
whelming importance of habit in law. It is true that men do their
actions in Schiller’s ‘‘ arrowy swift present.’’ That action is con-
trolled by the future or by the past, or rather by the resultant of
the two. If the present event merely touches the springs of habit
and starts an action like similar ones in the past, then that past
controls. If the habit is firmly enough fixed and the action
has been often enough performed, and no disturbing consequences
are in sight, its recurrence is merely reflex and unconscious ; less
firmly fixed, it will be conscious and more or less adjusted to con-
sequences. In those consequences and their perception lies the
other force. The future works through them, and if they be clear
and inevitable they speedily produce adjustments which themselves
become habitual and may become unconscious. Witness those
habits which enable man to employ fire, and the extent to which
they are unconscious.

The theory of the common law, that the courts did not make but
found it, has this basis of habit—a set of habits controlling alike
judge, officer and parties. The judge’s conception that his deter-
mination has been made for him beforehand, if he can only adjust
the case so as to bring the former determinations to bear upon it,
is much nearer truth than the fiction that Bentham thought it.
Mankind are not all endowed with Beutham’s passion for ‘‘utility.’’
If they were, they would, like him, contract habits in its pursuit.

In dealing with the limitations of the powers of government in
the states it is clear that we are dealing with habits. The real
question attempted in this essay is, What are the habitual limits
actually observed by the courts and adhered to in passing upon the
rights of these parties who are contending on the one side that the
legislature has gone beyond its powers, and on the other that its
action is valid and has effected the intended alteration in the
rights of the parties ?

We perceive at once that precedents are much more than maxims ,
that actions speak louder than words. Legal habits on the one
side and recognitions of utility on the other frequently leave very
little of a high-sounding constitutional declaration, and as fre-

PROC. AMBER. PHILOS. SOC. XXXIX. 163. JJ. PRINTED oOcT. 26, 1900.

552 HASTINGS—-POLICE POWER OF THE STATE. [June 19,

quently stretch an obscure implication into an absolute requirement
of free trade between the states, which can yield to no police
necessity for the suppression of the liquor traffic.

The actual contents of the law, the actual extent and power of
government, is determined by the adjustment to each other of two
sets of habits: the habits of those in authority in regard to its ex-
ercise and the habits of those in subjection as to obeying or resist-
ing. Constitutional principles that have grown up out of the
practice of a state and crystallized into an expression of habit are
important so far as they indicate such habit. Provisions set up for
their supposed utility are important only in so far as they create
new habits, as we have so distinctly seen in the case of the four-
teenth amendment.

What is here said is no deprecation of intelligence or of con-
siderations of utility in legislation or government. Habits of legal
action, like all others, are subject to modification, and the modify-
ing influences are intelligence and perception of consequences,
unless, indeed, with? Mr. Bagehot, we place imitation first. But
stronger than the tendency to imitate anyone else is the ten-
dency to imitate one’s self. It is an invincible fact that when any-
thing is to be proceeded with, it will be as far as possible along
familiar lines, where the attention will not be so fatigued.

Mimicry will furnish a competing suggestion and introduce ques-
tions of consequences and utility, but the experiencing and pre-
figuring of consequences is the force that finally alters habit.

“Tt is the principle of utility accurately apprehended and steadily
applied that affords the only clue to guide a man through these straits.
It is for that, if any, and for that alone, to furnish a decision which
neither party shall dare in theory to disavow.’’?

This principle may be accepted as the * ‘‘ only one possible to fol-
low in legislation.”’

But this ‘‘ utility ’’ will come in collision with established habits
which now are such merely, and not only serve no generally useful
purpose, but interfere with the attainment of some social end. It
is for the lawgiver to remember that every habit can only be over-
come by a substituted one. Every habit in its origin commences

1 Physics and Politics, chap. 3, ‘¢ Nation Making.’”’ See, also, Tarde’s Loz de
? Imitation, which we would rather call “ suggestion.”’

? Bentham, Fragment on Government, chap, 4, sec. 15.

3 Maine’s Popular Government, 166.

1900.] HASTINGS—POLICE POWER OF THE STATE. 553

with a real or supposed utility. However totally reflex and invol-
untary the act may have now become, in the beginning some sort of
desire gave the impulse. To overcome the habit that impulse must
be steadily turned in some other direction. The perception of
utility that is to be the guide must be clear and persistent enough
to generate a habit before its object will be attained in establishing
a law.

All this is not of necessity belittling to written constitutions. By
crystallizing valuable habits they may help to fix the latter in the
polity, and to preserve them against a change for supposed utilities
that are not really such, and that is what Sir Henry Maine credits
our constitution with doing. By putting the results of a habit into
a general principle its utility may be more manifest and its safety
against competing tendencies to change be thus better secured.

Generally, constitutional principles that represent real habits of
action might be expected to prove ramparts of conservatism. Con-
stitutional provisions that represent no settled habits will probably
accentuate tendencies to change, and the result of the struggle may
be something very far from that originally intended. Does our
experience with the constitutional amendments since the civil war
not clearly illustrate this? To quote 'Bagehot once more, it is in
the undiscussed parts of much-discussed subjects that their obscu-
rities lie. In the discussion of laws, their nature, advisability and
effect, it has usually been the conscious, the intended, the utilita-
rian part that has absorbed the attention—that is, the new has
attracted all minds. That the old had left its marks and was go-
ing to continue producing its effects, no matter how carefully it was
sought to obliterate it, has usually been more or less forgotten.
This is true even where the infusion of new adaptations into old
matter is a very small part of the whole.

But the new frequently proves in the end a strong leaven. So it
comes that the immediate effects of political changes are disap-
pointing, while ultimate consequences so far outrun expectations.
Jefferson, in his disappointment at the working of the federal sys-
tem in some respects, called the supreme judges a ’ ‘‘ subtle corps
of sappers and miners constantly working underground ’’ to convert
the constitution

“from a coérdination of a general and special government to a general
and supreme one alone.”

1 English Constitution, chap. 6. 2 Works, vol. 7, p. 192.

554 HASTINGS—POLICE POWER OF THE STATE. [June 19, 1900.

Linceln spent his best years and delivered his most notable public
utterances in attacking the court for its decision in the Dred Scott
case.

Yet a distinguished member of the court availed himself of a
commemoration of Lincoln’s birthday to claim the Supreme Court
as ‘‘the bearers of the palladium of American liberty.’’ And his
claim must be allowed. Among the changes that have happened
in a hundred years is that the court has become the refuge of Jef-
ferson’s individualism as against socialistic tendencies in the legis-
latures. In this they are in the line of the function of the courts
in all ages: the application of habits and customs to the determin-
ation of the rights of parties.

In this application ot old habits to new emergencies in the ‘‘ de-
cisions relating to the police power of the state,’’ the maintenance
of authority as against the letter of the constitutions is a general
feature. In one notable respect this is not true. The right of
contract, in a freer sense by far than was formerly upheld, is now
asserted, and vindicated as protected by the guarantee of ‘ lib-
erty.’ We have seen this in Allgeyer’s case in the federal Supreme
Court. It is even more marked in numerous state cases. Except
in this particular, as against the bills of rights, legislative action in
any accustomed way, and in most new ones that can claim a real
public utility as their purpose, is sustained.

Of any loss of real or needed authority through the action of the
courts there is evidently no danger. While those ‘‘ old antagonists,
Liberty and Government,”
new and yet always old forms as the years go on, let us hope that
to the courts of last resort will continue to be given wisdom and
firmness to hold the scales even; with Marshall, to ‘‘ both innovate
boldly and preserve wisely,’’
retrace.’’ As to what has been done during the last century, if it
has been found in this paper necessary to deny the existence of any
“‘ police power’’ as a separate entity, it has nevertheless been
sought with all diligence to exhibit the decisions relating to it as
they are. To paraphrase Comines’ saying, ‘‘ Je les ay fait le plus
pres de la vérité que je l’ay peu.”’

will continue their struggle in ever

and so, like him, ‘‘ have no steps to

PROCEEDINGS

OF THE

AMERICAN PHILOSOPHICAL SOCIETY
HELD AT PHILADELPHIS FOR PROMOTING USEFUL KNOWLEDGE.

Vou. XXXIX. OcTOBER-DECEMBER, 1900. No. 164.

Stated Meetiny, October 5, 1900.

Curator Morris in the Chair.

Present, 14 members.

Letters were read from Messrs. Cyrus Adler, Edward Pat-
terson and Henry F. Keller, accepting membership in the
Society.

The decease of the following members was announced :

John Ashhurst, Jr., M.D., on July 7, 1900.
James Biddle Leonard, on July 14, 1900.
Franklin Platt, on July 24, 1900.

Fairman Rogers, on August 22, 1900.

Sir John Bennett Lawes, on August 30, 1900.
J. M. DaCosta, M.D., on September 11, 1900.
Claudio Jannet.

The following papers were read :

By R. H. Mathews, ‘‘ On the Origin, Organization and
Ceremonies of the Australian Aborigines,’’ and on ‘‘ Phallie
Rites and Initiation Ceremonies of the South Australian
Aborigines.”’

By Dr. R. W. Shufeldt, on ‘‘ The Osteology of the Wood-
peckers.”’

By Charles G. Leland, on ‘‘ The Old Mill of Newport.”

By Perziker Karoly, on the subject of electricity.

The Society was adjourned by the presiding officer.

PROC. AMER. PHILOS. SOC, XXXIX. 164. KK. PRINTED NOV. 30, 1900.

056 MATHEWS—THE AUSTRALIAN ABORIGINES. [Oct. 5,

THE ORIGIN, ORGANIZATION AND CEREMONIES OF
THE AUSTRALIAN ’ ABORIGINES.

(With Map.)

BY R. H. MATHEWS, L. S.,
CORRES. MEMB. ANTHROP. SOC., WASHINGTON.

(Read October 5, 1900.)

In this article it is proposed in the first place to give a short out-
line of the probable origin of the native tribes of Australia. Then
will follow the evolution of their social laws regulating intersexual
relations. A cursory reference will next be made to the initia-
tion ceremonies, but only so far as to suggest their development.
A comprehensive map will be added showing the geographic dis-
tribution of the different systems of intermarrying divisions through-
out Australia, together with the boundaries within which the customs
of circumcision and splitting the male urethra are in operation.

Having traveled very largely in all the Australian colonies during
the last quarter of a century, in the avocation of a surveyor, as
well as in grazing and mining pursuits, I have had unusual facilities
for observing the customs of the aborigines, and it is hoped that
the result of my researches may be found of some value for ethno-
graphic and geographic purposes.

ORIGIN.

The origin of the aboriginal races of Australia is a subject of high
and enduring interest to students of anthropology in all parts of the
world; and for this reason I am tempted to submit, in as brief a
form as possible, certain views at which I have arrived in regard to
the peopling of the mainland of Australia and the adjacent island
of ‘Tasmania.

In attempting the solution of this difficult problem it is necessary
to call in the aid of different branches of science, among which
geography, comparative linguistics, zoology, botany and geology
take a prominent part. Owing to the antiquity of the Australian
continent, and the consequent absence of written history, it becomes
necessary at the outset to propound a theory which will hold the
ground, reaching far back into prehistoric times, and then to exam-
ine how this hypothesis fits in with facts observed at the present
day.

1900. ] MATHEWS—-THE AUSTRALIAN ABORIGINES. 507

It will be assumed that in a former period the physical geography
of the Australian continent was different to what it is now. Geo-
logical investigations show that different portions of Australia have
been under water in succession more than once, or have been alter-
nately sea and land. The mainland of Africa and Asia at one
time had a comparatively unbroken continuity southeasterly as far
as Australia, Tasmania and New Guinea. Probably the extension
reached farther to the south and east, but the limits mentioned will
be sufficient for the present discussion. A great part of this conti-
nent—which has been called Lemuria, because it is supposed that
there the lemurs had their centre of development—now lies under
the Indian Ocean, but its former existence is proved by hydrographic
surveys which indicate by the banks and shoals now under water
where this great land was situated. Dr. Blanford has endeavored
to show that it was over this Jost continent that many of the older
Indian animals traveled into Africa. And it is stated by Sir J. D.
Hooker, the eminent botanist, that a large assemblage of blossom-
ing plants characteristic of the Indian Peninsula are also inhabitants
of tropical Australia.

The first inhabitants who were dispersed over the continent
referred to were a black race of the Negroid type. They were not
necessarily homogeneous, because in moving southward and east-
ward people of neighboring tracts of country would to some extent
mix with each other by conquest or for purposes of mutual advan-
tage, and their language and customs would be modified in certain
particulars. These people form the primitive stock from which the
original inhabitants of Australia, Papua and Tasmania have sprung.
It is immaterial to our present purpose whether the cradle of the
human race was in Asia, in Africa or in the now submerged region
of Lemuria.

This primitive race spread southeasterly with comparative ease,
advancing slowly because its members were not numerous and the
tropical character of the country passed through made food abund-
ant and easily obtained. It is not to be expected that the people
would all keep together, or travel at the same rate. They would
divide into clans or small communities, some moving on in one
direction or along particular natural features—others proceeding in
other directions—others perhaps remaining stationary for long
periods in favorable localities. Useful arts would be developed
more in some of these tribes than in others, resulting from the

558 MATHEWS-—THE AUSTRALIAN ABORIGINES. [Oct. 5,

character of the country occupied and their general surround-
ings.

Some of the southerly branches of this wave of population
marched into Australia at various places on what is now the north-
ern coast of the continent, from whence they spread over the greater
part of Australia, continuing their course into Tasmania, which at
that period formed one mainland, and became what may be called
the autochthonous race. Northern branches of the same human
stream passed into New Guinea, New Caledonia, Melanesia and
Polynesia in the same way. ‘That the race spread far and wide is
evidenced by the extensive distribution of its remnants. In the
speech of the present occupants of these lands traces of an original
stock language can be detected. A language can adopt and create
as many words as it pleases, without changing its character or alter-
ing its peculiar construction. Comparative philology must be
studied side by side with comparative ethnology. Moreover, in
their skeletal structure and general osteology the autochthones of
Australia resemble the African negroes and Melanesians, or perhaps
present a still more primitive type.

Such a migration as that outlined in the foregoing paragraphs
continued for a period of prolonged duration—how long it is need-
less to speculate upon here. One tide of population would be suc-
ceeded by others at irregular intervals, who would naturally follow
the pioneers, or advance guard, much in the same way that the
settlement of countries takes place at present, detachments entering
Australia at different points along the whole length of the northern
coast. It may be reasonably expected that the dialects and customs
of the later immigrants would differ in some respects from those of
their precursors, owing to their arrival at long intervals during suc-
cessive ages.
| Instead of being one race, they were probably a mixture of
several races of the same primitive type. It is likely that the
numerical strength of a clan or family would be small, and if they
kept by themselves for any considerable time the dialect of each
would be modified. A number of such small clans being distributed
century after century over such a large continent as Australia would
account for the immense variety of different dialects we find spoken
by the present inhabitants. ‘This diversity of speech probably led
to perpetual hostility and distrust among petty tribes, and so kept
them separate. The existence of extensive arid tracts in many

1900.] MATHEWS—THE AUSTRALIAN ABORIGINES. 559

parts of Australia necessitated migrations in search of water, and
this furnishes another factor in the wide distribution of the people.

In process of time the original race was followed by hostile tribes
of a more advanced type and possessing a higher degree of culture.
Depressions and elevations of the land due to volcanic agencies and
other disturbances of the earth’s crust, and the consequent incur-
sions of the sea, would in the interval have effected changes in the
relative position of sea and land, and have completely altered the
boundaries of continents and oceans. The connection between
Australia, Asia, Lemuria and Africa had been more or less sub-
merged, but there was still a comparatively uninterrupted land-
route between India and Australia via Ceylon, Nicobar and
Andaman Islands, Malay Peninsula, Java, Borneo, Celebes and
Timor.

The second migration, like the first, would continue to march
into Australia in small detached bands for a long period. In cases
where the two races met and came into conflict in regard to the
possession of country or otherwise, the new people, being better
equipped for warfare, would subjugate the local inhabitants—the
autochthonous race—and the customs, dialects and ceremonies of
the latter would be assimilated or to some extent superseded by
those of their conquerors. In this way most of the mainland of
Australia was overrun by the invaders, but they did not reach
Tasmania, because it had by that time become an island owing to
the submergence of a tract of land now occupied by Bass’ Strait.

There is nothing unreasonable in the assumption that these in-
vaders and the native tribes of the southern portion of India are
the descendants of a common stock—the Australians, owing to their
long isolation, having retained the primitive character of their Nean-
derthaloid ancestors, while the later Indian tribes have attained a
higher grade of evolution. Philologists have, however, failed to
definitely connect the Australian tongues with the wild races of
Southern India.

The Malay race, in my opinion, never invaded any part of Aus-
tralia. During historic times they visited the northern coast in
canoes or catamarans for the purpose of fishing for trepang, but
their intercourse with the Australians was restricted to the coast and
was very slight. Even if a few individuals occasionally intermarried
with the Australians and went inland among the tribes, they made
no deep impression either upon the race or the language.

560 MATHEWS—THE AUSTRALIAN ABORIGINES. (Oct. 5,

SOCIAL ORGANIZATION.

In examining the structure of Australian tribes it is found that
they possess fixed laws for regulating marital relations. In some
cases these laws are of a simple character and consist of the elders
of the tribe alloting the progeny of certain women to be the wives
of certain men; in other cases the community is segregated into
¢wo primary groups or phratries, the men of the one group marry-
ing the women of the other, with a reciprocal obligation. In some
tribes each of these two primary groups is bisected, making four
intermarrying divisions. Among certain tribes of the northern
portion of Australia, we find that each phratry or group is subdivided
into four sections, thus making e/gf¢ divisions of the community.
These tribal divisions have been called Social Organizations or
Systems, and an attempt will now be made to briefly explain their
development among Australian tribes.

In portions of Australia, widely separated from each other, among
which may be mentioned part of the southern coast of South Aus-
tralia, part of the west coast of Western Australia and the south-
eastern coastal districts of Victoria and New South Wales, we dis-
cover that the intermarriage of the individuals of a tribe is of the
simple character referred to in the beginning of the last paragraph.
In some respects these people differ in physical type, in weapons,
in language and in their ceremonies, from the natives of other parts
of Australia, but resemble in several particulars the inhabitants of
Tasmania, which favors the theory already enunciated in this essay
in regard to their common origin.

The old men assemble in council at irregular periods, and as
often as may be necessary, for the purpose of appointing certain
young married women to be what is termed /vvar to certain boys,
and such boys are likewise called fovoar to these women. Care is
taken that the parties appointed /ocar to each other are not closely
related by ties of blood. The boys are thenceforth forbidden to
speak to, or even to look at, these women ; and the latter are sub-
ject to a similar ban in regard to the boys. For example, if one
of the women bears a daughter she gives such child, when old
enough, to the young man to whom she herself is fovav; and if he
has a sister he is supposed to give her to one of the woman’s sons
in exchange for his own wife. These two men would. therefore
stand in the mutual relationship of brothers-in-law.

1900.] MATHEWS-—THE AUSTRALIAN ABORIGINES. oil

A woman who is fooar to a man may die before she bears a
daughter—or such daughter although born may die before the
intended husband gets her—therefore to neutralize the chances of a
man not securing a wife, more than one woman is usually appointed
vooar to the same man. On the other hand, one woman may be
appointed Zooar to several young men. If the man to whom her
daughter has been betrothed dies before he is old enough to claim
her, she then becomes the wife of one of the other men. These
rules may be further illustrated as follows: Lizzie, a married woman,
is fooar to Sam, Tommy and Jack, precedence being in the order
named. If Lizzie gives birth to a daughter this child will eventu-
ally become the wife of Sam. Should he, however, die before the
girl reaches puberty, she would be taken by Tommy as his spouse.
But if Tommy had also died then she would fall to the lot of Jack.
Each of the young men named may have several married women
occupying the position of /osar to them, to increase their chances
of obtaining a wife.

An unmarried girl on attaining puberty may be assigned to the
position of Zooar in the same manner as a married woman. On her
obtaining a husband her daughters eventually become the wives of
the men who are entitled to claim them. This /voar relationship
precludes the possibility of a man having sexual intercourse or any
intimacy with any woman who might ultimately become his mother-
in-law. A man and woman who are /voar to each other theoreti-
cally occupy the positions of son-in-law and mother-in-law, and the
same restrictions as to mutual avoidance of each other apply in both
cases alike. A man may have more than one wife, but each of
them must be the daughter of a woman who is Zovar to him. In mak-
ing the /ooar appointments the old men endeavor, as far as practic-
able, to arrange that the brothers and sisters in certain families shall
marry the brothers and sisters in certain other families. The off-
spring follow the lineage of the father, and also adopt his fofem in
most cases.

In ascertaining what woman is qualified to be /var to a certain boy,
A, the old men, who are well acquainted with the genealogy of the
people around them, know that A’s father is B. They next discuss
the question who are the cousins of B. These cousins, whom we
shall distinguish as C, may be the offspring either of B’s father’s
sisters, or of his mother’s brothers. There will probably be several
of such cousins, some in each of the lines of descent just mentioned,

562 MATHEWS—THE AUSTRALIAN ABORIGINES. [Oct. 5,

from among whom the old men will select one or more to exercise
the function of becoming the parent of A’s future wife. Let C:,
one of the cousins of A’s father, be a woman who has been thus
chosen ; then she is fooar to A, because he will by and by marry
one of her daughters. The old men may also appoint the mother
of A, or some other woman occupying the same position in the
genealogy, to be /vvar to the sons of C’.

I am led to the assumption that the original or autochthonous race
possessed a somewhat similar organization to that just described, and
that the tribes under reference escaped subjugation by the invading
races, either because the latter were not able to overcome them, or
because they did not spread sufficiently far south and west as to
come in contact with the original people.

In going into regions adjoining those with which I have been
dealing, we encounter tribes possessing two intermarrying phratries
such as Mattiri and Kararu of Port Lincoln; Krokitch and Kamatch
of Western Victoria; Muckwarra and Keelparra of the Barkunjee
tribes; Koolpirro and Tinnawa of the Yowerawarrika people, and
soon. As I was the first author who reported the two divisions of
the last mentioned tribe,’ I shall proceed to deal with them as
typical of the others.

The Yowerawarrika and allied tribes in the southeast corner of
Queensland are divided, as I have before stated, into two phratries
called Koolpirro and Tinnawa. ‘The natives have told me several
legends respecting ancestral warriors, and I have noticed that the
most valiant and distinguished men were always said to belong to the
Koolpirro division. This led me to think that Koolpirro was prob-
ably the name of a warlike tribe or clan in the remote past which
had conquered the Tinnawa, an adjoining people, and that each of
these tribes or clans originally possessed the fooar type of marriage
laws.

If we assume that this was so, and that the victors followed the
present practice of killing all the adult males, but sparing the
women, together with the little boys and girls, the Koolpirro men,
whether already married or not, would take one or more of the
women of the vanquished Tinnawa tribe as wives. As the Koolpirro
men would already have children by their own women, their offspring
by the strange women would require to be distinguished from the

1 Fourn. Roy. Soc. N.S. Wales, vol. xxxiii, p. 108.

1900.] MATHEWS—THE AUSTRALIAN ABORIGINES. 563

rest, and a very easy way of doing this would be to call them after
their mothers, Tinnawa. When the young lads whose lives had
been spared at the time of the slaughter of their fathers grew up to
maturity, they would take some of their wives from among the
Koolpirro women, and distinguish them by the latter name. Or in
other words the Koolpirro men would give their sisters to the Tin-
nawa men in exchange for their sisters as wives. This would
account for the origin of the two phratries Koolpirro and Tinnawa,
as illustrated in the following table:

TABLE No. 1.

Phratry. Husband. Wife. Child.
A Koolpirro Tinnawa Tinnawa
B Tinnawa Koolpirro Koolpirro

Instead of the conquerors killing off all the males in the way just
stated, it is customary in many places for two hostile families to
make peace by the exchange of wives. This practice was much in
vogue among the tribes on the Barwon river and its tributaries in
New South Wales, whose customs I had exceptional opportunities
of observing when stationed in those districts surveying government
lands during the years from 1871 to 1880. I have also witnessed
this usage among tribes in Queensland, and in the Northern Terri-
tory of South Australia.

It may be postulated that in ancient times the Koolpirro men
gave their wives to the Tinnawa men in exchange for the wives of
the latter, in order to terminate existing feuds, or for the purpose
of resisting a common foe. A man of the Koolpirro tribe, for
example, would of course have a Koolpirro wife and Koolpirro
children. He would give his wife to a Tinnawa man, and her chil-
dren by the new husband would be called Koolpirro the same as
before. This interchange of wives might be only temporary, or it
might continue during that generation. But in the rising genera-
tion the Koolpirro men would take their wives from the sisters of
the Tinnawa men, and conversely the same as at present.

It is seen by Table No. 1 that the resulting offspring in both
cases inherit the phratry name of their mother. ‘They are also gen-
erally distinguished by her fo/em ; thus, if the mother be an iguana,
her children of both sexes will be iguanas. This rule is not
universal, however, for I have found tribes possessing a dual divi-

564 MATHEWS—THE AUSTRALIAN ABORIGINES. [Oct. 5,

sion on the same principle as the Yowerawarrika, where the children
took the /ofem of the father.

Strength is given to the hypothesis of the coalescence of two
tribes by the fact that in an adjoining community, the Barkunjee,
we discover the phratry name Keelparra, evidently a dialectic modi-
fication of Koolpirro, which indicates that the tribe of that name in
olden times was widespread, and perhaps powerful. Among the
Barkunjee, however, Keelparra marries Muckwarra, the latter prob-
ably being the name of another vanquished or allied tribe occupying
different territory, and the two phratries became Keelparra and
Muckwarra.

We will now try to account for the introduction of the organiza-
tion containing four divisions. The Warkeemon community in north-
eastern Queensland, first reported by me in 1898," is divided into
four sections called respectively Koopungie, Karpungie, Kellungie
and Cheekungie. Perhaps each of these names represented a small
independent tribe or clan in former times, having the Zooar system
of relationship. ‘To avoid repetition let us assume that Koopungie
and Karpungie became incorporated either by conquest or other-
wise, and intermarried on the same principle as Koolpirro and Tin-
nawa already dealt with. We will also suppose that Kellungie and
Cheekungie amalgamated in a similar manner, and intermarried one
with the other. This can be made clear by means of Tables Nos. 2
and 3, which will also show how the children were called, for dis-
tinction, by the same name as their mother in each case:

TaBLE No. 2.

Phratry. Husband. Wife. Child,
A Koopungie Karpungie Karpungie
B Karpungie Koopungie Koopungie

TaBLE No. 3.

Phratry. Husband. Wife. Child,
A Kellungie Cheekungie Cheekungie
B Cheekungie Kellungie Kellungie

We will now assume that the Koopungie and Karpungie confed-
eracy (Table No. 2) subjugated the Kellungie and Cheekungie
confederacy (Table No. 3); or that these two peoples thought it

1 Yourn. Roy. Soc. N, S. Wales, vol, xxxii, pp. 250, 251.

~

1900.] MATHEWS—THE AUSTRALIAN ABORIGINES. 569

prudent and politic to amalgamate for the purposes of mutual defense.
This alliance could have been easily accomplished by the inter-
change of wives between the members of the opposite confederacies.
Koopungie could have taken the wife of Kellungie and could have
given his own wife to a Kellungie man. Cheekungie and Karpun-
gie could have exchanged wives in a similar manner, but there was
no alteration made in the names of the offspring in any case. For
example, the children of a Koopungie man were distinguished as
Karpungie the same as before the coalition and so on, as in the
following table, a careful perusal of which will make my meaning
more clear:
TaBLE No. 4.

LPhratry. Husband, Wife. Child.
A Koopungie Cheekungie Karpungie
Kellungie Karpungie Cheekungie
B J Cheekungie Koopungie Kellungie
L Karpungie Kellungie Koopungie

In examining the above table, together with the two preceding
ones, it will be observed that a man, Koopungie, of the A phratry
in Table No. 2 marries a woman, Cheekungie, of the B phratry in
Table No. 3, and wce versa; and that a Karpungie man of the B
phratry in Table No. 2 marries a woman, Kellungie, of the A phra-
try in Table No. 3, and wce versa. It is also seen that the people
belonging to the two A phratries go together, and the two B phra-
tries together in Table No. 4. That is to say, the men of the
sections Koopungie and Kellungie of the A phratry in Table No. 4
marry the women of the two sections Cheekungie and Karpungie of
phratry B in this new organization, and conversely. The men and
women of the respective phratries are therefore mutually related as
brothers-in-law and sisters-in-law. It is therefore apparent that
whether the organization consist of two divisions, as among the
Yowerawarrika, or of four sections like the Warkeemon, the com-
munity still retains the two primary intermarrying phratries, A and
B.. Aggregates-of fofems, chosen from the fauna and the flora, are
attached to each division.

It now remains to explain the probable origin of the present
system of dividing a tribe into ezg#fsections. If our theory is of
any value it should hold good in this system as well as in that of
four divisions already explained. ‘The eight divisions of the

566 MATHEWS—THE AUSTRALIAN ABORIGINES. [Oct. 5,
Wombya tribe, which I discovered and reported in the beginning
of 1898,’ will be used for illustration. The names of the sections
are Choolum, Palyaringie, Cheenum, Bungaringie, Chingulum,
Yacomary, Chooralum and Jamerum. We will commence with the
first mentioned four of these names.

Choolum is the father of Palyaringie, and by referring back to the
Yowerawarrika tribe it is seen that the children in that system take
the name of the mother; therefore I shall assume that formerly the
Choolum and Palyaringie clans became consolidated by conquest or
otherwise, in the same way as the tribes we have been describing.
A Choolum man married a Palyaringie woman, and vice versa, the
children taking the name of the mother in both cases (Table No. 5).
A similar incorporation took place between the Cheenum and Bun-
garingie clans (Table No. 6). Afterward these two confederacies
amalgamated by interchanging their wives or sisters in the same
manner as the Warkeemon people, thus transposing the intermarry-
ing divisions, but leaving the names of the men’s offspring the same
(Table No. 7).

TABLE No. 5.
Phratry. Husband. Wife. Child.
A Choolum Palyaringie Palyaringie
B Palyaringie Choolum Choolum
TaBLE No. 6.
Phratry. Husband. Wife. Child,
A Cheenum Bungaringie Bungaringie
B Bungaringie Cheenum Cheenum
TABLE No. 7.
Phratry. Husband, Wife. Child,
x { Choolum Bungaringie Palyaringie
Cheenum Palyaringie Bungaringie
RB { Bungaringie Choolum Cheenum
Palyaringie Cheenum Choolum

We will now deal with the remaining four divisions of the
Wombya tribe, namely, Chingulum, Yacomary, Chooralum and
Jamerum. Atthe present day Chingulum is the father of Yacomary,
and by again using the Yowerawarrika tribe as a basis, I will assume

1Proc. AMER. PHILOs, SOC,, PHILADA., Vol. xxxvii, pp. I51, 152.

1900.] MATHEWS—THE AUSTRALIAN ABORIGINES. 567

that in former times the Chingulum and Yacomary clans became
incorporated and intermarried one with the other, the offspring
being distinguished by the name of their mothers (Table No. 8).
Chooralum and Jamerum were similarly coalesced (Table No. 9).
Subsequently these two confederacies became amalgamated in the
same way as those represented in Table No. 7, the section name of
each man’s children remaining unchanged. (See Table No. 10).

TABLE No. 8.

Phratry. Husband, Wife. Child,
B Chingulum Yacomary Yacomary
A Yacomary Chingulum Chingulum
Tas_E No. 9.
Phratry. Husband. Wife. Child,
B Chooralum Jamerum Jamerum
A Jamerum Chooralum Chooralum

TasLE No. to.

Phratry. Husband. Wife. Child.
{ Chingulum Jamerum Yacomary
B :
Chooralum Yacomary Jamerum
" { Jamerum Chingulum Chooralum
Yacomary Chooralum Chingulum

From eight separate tribes we have now illustrated the develop-
ment of two communities, one represented by Table No. 7 and the
other by Table No. to, each of which has four intermarrying divi-
sions in its social organization. At a later period these two com-
munities, whether as the consequence of war or peace need not be
considered, became consolidated into their existing form, and the
course followed in arriving at this result will now be investigated.

A man of the Choolum section in Table No. 7 took the wife of
a man belonging to the Jamerum section in Table No. 10; Chee-
num took the wife of Yacomary; Jamerum of Table No. ro took
the wife of Cheenum in Table No. 7, and Yacomary took the wife
of Choolum. All these men belong to the A phratries in their re-
spective tribes. Again, a Chingulum man took the wife of a Bun-
garingie; Chooralum annexed Palyaringie’s spouse; Bungaringie
took Chooralum’s wife and Palyaringie took the wife of Chingulum.

568 MATHEWS—THE AUSYRALIAN ABORIGINES. [Oct. 5,

These four men belong to phratry B. The intermarrying sections
of the new organization and those of the resulting offspring are as

follows:
TABLE NON otis

Phratry. Husband. Wife. Child.
( Choolum Chingulum Palyaringie
n } Cheenum Chooralum Bungaringie
} Jamerum Palyaringie Chooralum
\ Yacomary Bungaringie Chingulum
fj Chingulum Choolum Yacomary
B ; Chooralum Cheenum Jamerum
' Bungaringie Yacomary Cheenum
\ Palyaringie Jamerum Choolum

This redistribution of the wives of the men necessarily varies the
brother-in-law relationships. The men of the Choolum section in
Table No. 11 exchange sisters with the men of the Chingulum sec-
tion; the Cheenum men marry the sisters of the Chooralum men
and vice versa; the Bungaringié men and the Yacomary men ex-
change sisters as wives; and lastly the Palyaringie and Jamerum
men mutually intermarry with each other’s sisters. In every case,
however, the section name of each man’s offspring remains as it was
prior to the coalition—thus, Choolum’s children are called Palya-
ringie the same as they appear in Table No. 7, and Palyaringie’s
progeny still retain the name of Choolum.

According to Table No. 11 the wife of Choolum should be a
Chingulum woman, but by virtue of tribal custom he has the alter-
native of marrying a Chooralum. If he choose a Chingulum his
children will be Palyaringie, but if he take a Chooralum wife the
progeny will be Bungaringie, the section name of the offspring
being regulated by the mother’s division. A man of the Cheenum
section, whose tabular wife is Chooralum, can marry a Palyaringie
woman. In other words, the men of the pair of sections, Choolum
and Cheenum, can exercise their choice of a spouse over the same
two sections of women. Similar privileges are possessed by the
men of the other pairs of sections, namely, Jamerum and Yacomary
—Chingulum and Chooralum—and Bungaringie and Palyaringie,
who can select their wives from either of the corresponding pairs of
females in Table No. 11. Numbers of different totems are annexed
to the divisions.

The theory of the coalition of a number of small tribes within the

irs

1900.] MATHEWS—THE AUSTRALIAN ABORIGINES. 069

area where the Wombya organization obtains is supported by the
fact that in neighboring districts we discover that some of the sec-
tions appearing in Table No. 11 intermarry with others having an
entirely different name, and the offspring are also differently desig-
nated. For example, in the Inchalachee tribe a Palyaringie man
marries a Boonongoona, and the children are Boolangie. This
could be accounted for by supposing that in former times the Pal-
yaringie tribe became separated into two or more segments, one
branch going into certain territory, whilst another branch traveled |
in a contrary direction, and that each branch ultimately became in-
corporated with different people, thus participating in the formation

‘of diverse communities in which many of the section names are dis-

similar. ‘The same may be said of Bungaringie, who takes a Thim-
memill spouse, and the progeny are Warkoo. On the Victoria
river Chingulum marries a Chamaja woman and his children are
Jambajunna ; the wives and the offspring in each case being quite
different to those in Table No. 11.

In examining the social structure of a large number of tribes, it
is seen that certain section names seem to be more universal or per-
sistent than others. For example, the name Chingulum, or its
dialectic variations Jungulla, Changally, Kingulla, etc., is found in
nearly every one of the tribes containing eight sections, from the
Gulf of Carpentaria all the way across the Northern Territory, and
extending onwards far into Western Australia. There is at the
present day a tolerably numerous tribe named Chingalee who
occupy a considerable tract of country between Daly waters and
Newcastle waters in the Northern Territory. And although we
cannot place too much reliance on the similarity of names, it is
possible that this may be a remnant of the larger and more wide-
spread nation from which the section name Chingulum has arisen.

The section name Cheenum, er its variants Jinagoo, Chanama,
Chunainjah, Janna, etc., is also found among most of the commu-
nities in the country lying between the northwest corner of Queens-
land and Western Australia. This seems to justify the inference
that at an earlier period there were, among others, two tribes
called Chingulum and Cheenum, each of which were spread over
an immense extent of country, and that they either conquered other
tribes or were themselves subjugated, or otherwise became amalga-
mated with the people around them or with subsequent influxes
from elsewhere, in the way I have endeavored to illustrate in prev-

570 MATHEWS—THE AUSTRALIAN ABORIGINES. [Oct. 5,

ious pages, and so became scattered among a large number of dif-
ferent communities, as we find them at the present time.

In the foregoing pages I have endeavored to give a brief outline
of the Social Organization of the Australian aborigines by tracing
it through its various stages of development by means of examples
taken from the marriage laws still in operation in different parts of
the continent. Having studied this branch of the subject for many
years, I am led to the conclusion that neither promiscuous sexual
intercourse nor what has been called ‘‘communal or group mar-
riage’’ has ever existed among Australian tribes. I feel equally
clear that the system of divisions into sections was not devised for
the purpose of preventing consanguineous marriages, but was
developed in the way I have attempted to explain in this paper.

INITIATION CEREMONIES.

In my descriptions of the initiation ceremonies of various Aus-
tralian tribes, which I have from time to time contributed to dif-
ferent learned societies, I have reported that there is a feigned
quarrel between the fathers of the novices and the men who muster
the latter out of the camp for the purpose of passing them through
the ordeal of the inaugural ceremonial. I have also detailed how
human blood is sprinkled upon stumps of trees; in other instances
how it is collected in native vessels and eaten; and also how one
or more of the men are killed to furnish a cannibalistic feast for the
people present.

This has suggested to me that perhaps the ceremonies were con-
siderably modified, if not originated, during the wars between the
clans or tribes referred to in the chapter on ‘‘ Social Organization.”’
If all the adult males were killed, as at present, then it is reason-
able to expect that the young captive boys would be brought up in
conformity with the ancestral customs of their captors. For the pur-
pose of doing this it would be necessary to remove them from the
influence of their mothers, who would naturally cling to the cus-
toms of their forefathers and endeavor to bring up their sons with
the same views.

If we investigate the procedure in the initiation ceremonies cur-
rent at the present day, for an example of which the Bora’ of the
Kamilaroi tribe may be selected, we see that certain neighboring

'R. H. Mathews, “ The Bora of the Kamilaroi Tribes,” Proc. Roy. Soc. Vie-
zoria, Vol. ix, New Series, pp. 137-173.

1900. ] MATHEWS—THE AUSTRALIAN ABORIGINES. 571

tribes assemble at a common meeting ground and that the men of a
distant tribe take charge of the novices of another people who are
more or less strangers to them. We also observe that the novices
are taken away from their mothers at daylight, the time that an ab-
original tribe always makes an attack on an enemy. The mothers
of the boys are led to believe that an enemy really comes into the
camp and bears off their sons in a mysterious manner. The women
are prevented from seeing what actually takes place, owing to their
being hidden under grass, bushes, rugs, bark, or other covering,
but they hear what they believe to be the awful voice of the enemy
and the trampling of his heavy footsteps.

In describing the Kamilaroi Bora I have stated that great sexual
license is permitted to the men of the visiting tribes. In ordinary
everyday life a man is restricted to women of a certain section or
totem, but at meetings for initiation purposes these rules are much
relaxed, and a man is allowed to have intercourse with women of
different sections and degrees of affinity, who would be altogether
forbidden to him on other occasions. At the Bora ceremonies, as
soon as the novices and all their own men are out of sight, some
men of the strange tribes remove the covering from off the women
and take them away to another camp, where the men remain with
them for the purpose of superintending the due performance of all
the tribal regulations. The women are, in effect, prisoners during
these proceedings.

All these elements of the ceremonial may be emblematical or com-
memorative of an earlymorning raid of one hostile tribe upon another
in the distant past, one detachment of the men taking charge of the
women, while another detachment takes the youths away to be in-
structed in the customs and traditions of their conquerors. The com-
parison becomes all the more realistic when we discover that during
their sojourn in the bush with the old men the youths are shown many
things which are entirely new to them. They are taught another
language, known only to the initiated, which may be typical of the
language of their subjugators; and even their own personal name
is changed to another, which is kept a secret from their mothers
and sisters and all the women of the tribe.

In native warfare, as already stated, the women are always pre-
served and taken as wives by the victorious party. The sexual

1 Several of the vanquished party usually escape by flight; they are chiefly

active men, but young women often get away with them.
PROC. AMER. PHILOS. SOC. XXXIX. 164. LL. PRINTED DEC. 5, 1900.

572 MATHEWS—THE AUSTRALIAN ABORIGINES. [Oct. 5,

liberties to which I have referred probably had their archetype in
the libidinous orgies which took place when a bevy of strange
females was secured. The captors would make indiscriminate use
of the women for some little time, until they had leisure to effect
an individual distribution of them. This would take place as soon
as the totems of the women and other particulars were ascertained.
At the present day, when a woman is allotted to a man as his wife,
she must first submit to copulation by a number of men, whose
intercourse with her at other times would be a serious offense.

While the Zooringa/ are marching off with the novices in their
custody, two men called duddendelar rush out of the scrub and each
of them throws a boomerang at the aggressors. ‘They then retreat
hastily and go away to fetch the deegay, whose participation in the
ceremony practically amounts to the rescue of the novices from the
kooringal. ‘This is suggestive of a time when a number of small
tribes, occupying a large area, had been more or less friendly and
helped each other against a common foe. If an onslaught were
made upon any of these tribes such of the men who escaped would
seek the protection and intervention of some of their allies who
might be powerful enough to punish the offenders and liberate their
sons. Such a rescue may be symbolized by the interference of the
beegay at the present time, and the subsequent return of the novices
to the ¢hurrawonga camp during the Bora.

All the tribes who arrived in early times were probably small
and lived in constant fear of surprisals by the people around them,
so that it would be unwise for them to confide the details of their
sacred ceremonies to the women, who might at any time be carried
off by conquerors and the secrets exacted from them by coercion.
This may have given rise to the existing custom of placing a cov-
ering over the women when the youths are being taken away.

It is a reasonable assumption that from the earliest period each
band of adventurers brought certain rites with them. Owing toa
superstitious adherence to former patriarchal customs, especially
strong in all primitive peoples, we would not expect to find that
any new system of initiation would altogether abrogate and super-
sede the older type, but would be blent or incorporated with it.

I am inclined to think that the plucking out of the hair—observed
among the Narrinyeri and other tribes of South Australia, a part
of the Barkunjee in New South Wales and among some of the Vic-
torian tribes—has been handed down from the original inhabitants,

1900.] MATHEWS—THE AUSTRALIAN ABORIGINES. are

because analogous customs have been reported among Negroid
people elsewhere.

As the Tasmanians have been assumed to be the remnant of the
autochthonous race, some items of their initiatory customs may be
mentioned. J. Bonwick, in referring to this subject, says:

‘‘From all that I have been able to gather in my inqui-
ries among very old residents of Van Diemen’s Land it is my
opinion that the custom in connexion with young-men-making
[initiation] in New Holland, existed more or less with the different
tribes of the Tasmanians.”’ ?

J. J. de la Billardiére, speaking of his visits to the Tasmanians
between the years 1791-1793, Says:

‘¢ We observed some in whom one of the middle teeth of the
upper jaw was wanting, and others in whom both were gone.’”*

The same author says in another place :

“¢We were much surprised to see most of them holding the ex-
tremity of the prepuce with the left hand.”’

In a vocabulary appended to his work he gives the native word
Joira for powdered charcoal, with which they covered their bodies.
Among many Australian tribes one or more front teeth are punched
out ; in others the men take hold of their genitals and exhibit them
to the youths; and the smearing of their bodies with powdered
charcoal and grease is widely practiced in connection with initia-
tion ceremonies.

Speaking of the corrobories or dances of the Tasmanians, J.
Backhouse? reports : :

‘‘Tn these dances the aborigines represented certain events or
the manners of different animals; they had the emu dance, the
thunder and lightning dance, and many others.”’

R. H. Davies,‘ in referring to the same subject, says :

‘¢One is called the kangaroo dance, and is, along with some
others, most violent. . . . . Some of these dances are evidently
lascivious.’’

1 Daily Life and Origin of the Tasmanians (London, 1870), p. 202,

2 Account of a Voyage in Search of La Pérouse (London, 1800), Vol. ii, pp.
72 and 76,

3 Narrative of a Visit to the Australian Colonies (London, 1843), p. 82.

4 On the Aborigines of Van Diemen’s Land (Launceston and London, 1846),
Vol. ii, p. 416,

574 MATHEWS—THE AUSTRALIAN ABORIGINES. [Oct. 5

Restrictions respecting food,! similar in character to those in
operation in Australia, have also been observed in Tasmania, some
people being allowed to eat only the male, others only the female,
of particular animals ; whilst certain kinds of fish were forbidden
to some tribes.

J. Bonwick ’ tells us of the use of the bullroarer in Tasmania:

‘‘The wise men, or doctors, . . . . twirled round the magic
mooyumkarr, an oval piece of wood with a string, . . . . which
must on no account be seen by females.’’ He also states, at page
192 of the same work, that ‘‘ circles have been recognized in the
interior of Van Diemen’s Land.”’

R. H. Davies* reports that when ‘‘ the males arrive at the age of
puberty they are deeply scarified on the shoulders, thighs and
muscles of the breast.’’

The few references herein made to the customs of the Tasma-
nians have been taken from the works of early writers which were
published between thirty and a hundred years ago. It is likely
that the great secrecy which surrounds the celebration of inaugural
rites generally had the effect of precluding the white population
from witnessing or reporting what was done on such occasions.

An attempt has been made in this paper to deduce the inception
of many parts of the initiation ceremonies of Australian tribes from
their conflicts of the past by showing their strong resemblance to
what actually takes place in internecene wars among the natives of
the present day. During the long isolation of tribes, or confedera-
racies, special characteristics have developed, and modifications
have resulted in accordance with varying circumstances, among the
people of different districts, until the elaborate forms of the ceremo-
nies as we now find them have been evolved.

EXPLANATION OF THE Map.

As already stated, a tribe is divided into sections, which are
known by distinguishing titles. If we travel through any consid-
erable extent of territory we discover that the names of these divi-
sions vary in different districts. In a certain tract of country the

17. B. Walker, Votes on the Aborigines of Australia (Government Printer,
Tasmania, 1898), p. 9.

2 Daily Life and Origin of the Tasmanians (London, 1870), pp. 175, 176.

3 Op. Cit., p. 412.

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1900. ] MATHEWS—THE AUSTRALIAN ABORIGINES. 575

sections will be known by one set of names, whilst among adjoin-
ing tribes a different nomenclature will be employed. Aggregates
of tribes holding the same divisional names may, for convenience
of reference, be called communities or nations.

I have prepared a map, showing New South Wales, Queensland,
Victoria, South Australia and Western Australia, on which is shown
the position of the boundaries of the several nations, each of which
is distinguished by a numeral, from 1 to 27. In explaining this
map I shall commence with the several nations possessing two di-
visions, then those with four sections, next the tribes with eight di-
visions, and lastly a brief reference will be made to those tribes
whose marriage laws are of the zooar type. The different systems,
with the territory occupied by each, can be readily referred to if
arranged in tabular form, as in Tables Nos. 12, 13 and 14.

TaBLE No. 12.

No. on Map. Nation. Phratry, Sections.
? eines | A Boonjil
8 s B Wah
- Beene A Krokiteh
B Kamatch
A Muckwarra
2 B = =
2 prsenice | B Keelparra
4 Yowerawarrikal Same as in Table No 1.
A Matturri
Parnkall
5 a ara af B Kirraroo
A <00koo}
6 Kookatha { ee cola
B Koojeebinga
A Wartungmat
Tardarick =
oe fa oh | B Munitchmat

The above seven nations adjoin each other, and the total terri-
tory occupied by them collectively is distinguished on the map by
a pink edging. It will be observed that this includes nearly
the whole of Victoria, about a third of New South Wales, part of
the southwest corner of Queensland and a considerable portion of
South Australia and Western Australia.

1 J wish to thank Mr. A, M. Helling for his valuable help.

576 MATHEWS—THE AUSTRALIAN ABORIGINES.

“LVo. on Map.

Io

II

20

TaBLE No. 13.

Nation.

Wiradjuri

Phratry.

Dilbi
Kupathin

Kamilaroi
Darkinung

A
Thangatty { B

bona {$a

¢ Wootaroo

JXooinmerburra
Yungaroo
eae Ootheroo
=" Mallera
Mycoolon { -
fos
Goothanto ) B

Warkemon

A
B

=

Koonjan 1

Joongoonjie } {

Arrinda { A

A
Yeeda? { B

Jamagunda
Gamanutta

[Oct. 5,

Sections.

Murri, Kubbi
Kumbo, Ippai

Kurpoong, Marroong
Wirroong, Womboong

Barrang, Banjoora
Bunda, Derwine

Moonal, Karilburra
Kooeealla, Koorpal

Woongo, Kabaroo
Bunburri, Koorgilla
Jimalingo, Bathingo
Maringo, Kooperungo
Erainyer, Ararer
Loora, Awonger

Same as in Table No, 4.

Ajeereena, Arennymung
Perrynung, Mahngale

Langenam, Namegoor
Packwiky, Pamarung

Koomara,? Penunga
Bultara, Parulla

Kimbera, Bannicka
Baljarra, Boorongo

It will be observed that each of the above fourteen nations is.

divided into four sections, and therefore all belong to the same .
The aggregate of their territory, which is edged green on

system.

1 My best thanks are due to Rev. N. Hey for his willing assistance.

2 A variation of these four section names is found among the tribes on the
Upper Georgina river, and extending westwards into the Northern Territory, as

follows :
Phratry.

fTusbana. Wife. Child.
Belthara Goobilla Drungwara
Xoomara Drungwara Goobilla
Goobilla Belthara Koomara
Drungwara Koomara Belthara

3 This tribe inhabits the Fraser river, Derby, the Lower Fitzroy and south-

wards toward the Oakover river, Western Australia,

———

1900. ] MATHEWS—THE AUSTRALIAN ABORIGINES. 5717

the map, comprises about two-thirds of New South Wales, the
greater part of Queensland, a wide strip through the centre of South
Australia and more than half of Western Australia.

In dealing with the tribes possessing eight intermarrying divi-
sions a table will again be employed.

TaBLE No. 14.

No, on Map. Nation. Phratry. Sections.
21 Wombya Same as in Table No. 11.
( f Ungarria, Thakamara
A Vor
- ( Thaponungo, Jambena
22 Ulperra 4
| B f Jungulla, Thapongatee
{ il Joopilla, Cubadgee
[ z f Boolangie, Boonongoona
: Warkoo, Thimmemill
23 Inchalachee 4 a nee
| B § Kingulla, Bungaringie
L \ Noorachee, Palyaringie

The country inhabited by the three foregoing nations is edged
yellow on the map, and comprises a large extent of the Northern
Territory of South Australia, with portions of Queensland and
Western Australia. There are several aggregates of tribes scattered
over this immense area, among each of which the names of the
sections differ more or less, but the principle of the divisions in
them all is identical. In a paper published in the PROcEEDINGs of
this Society, Vol. xxxviii, pp. 75-79, I particularized the eight di-
visions as found in other tribes, showing the variations in the sec-
tion names in different localties.

Nos. 24 and 25 on the map represent the Adjadurah and Nar-
-rinyerl nations respectively, who occupied the country fronting
Spencer’s Gulf and on the Lower Murray river.

No. 26 is the small nation of the Kurnai in Eastern Victoria,
and No. 27 shows the territory of the Thurrawall and allied tribes
in the southeast corner of New South Wales.

In the nations Nos. 24 to 27, inclusive, the social structure is
after the fooar or yooumree type already described by me. Adjoin-
ing the Great Australian Bight and on the west coast of Western
Australia there are also a number of tribes possessing this organi-
zation.

After much careful investigation I have succeeded in fixing on
the map the position of the blue line from A to B. All the tribes

578 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS, [Oct.5,

on the west of this line practice circumcision, but in the country to
the eastward of the line the custom is not in force. The line in
yellow, from C to D, and continued on along the biue line to B,
demarks the eastern limit of splitting the urethra—a genital mutila-
tion having a very wide geographic range over the central and
western portions of the Australian continent. The other blue line,
from E to F, determines the western boundary of the tribes who
practice splitting the urethra and circumcision, neither of
these customs being found between that line and the coast of West-
ern Australia. From the point F, along the coastal district to
Roebourne and Condon, the rites referred to are not now insisted
upon, and it is doubtful if their adoption by the natives there was
ever universal.

ON THE OSTEOLOGY OF THE WOODPECKERS.

BY DR. R. W. SHUFELDT.

(Plate IX.)
(Read October 5, 1900.)

INTRODUCTION.

During the past ten years I have been collecting osteoiogical
material with the view of making a comparative study of the skele-
tons of the Prcz, or suborder of Woodpeckers. In time this mate-
rial became so extensive that I found I had all of the genera of
the North American fauna represented, and had the opportunity of
examining into the osteology of many other species from different
parts of the world. Being advantageously situated with respect to
the large libraries in America, I read and investigated everything
that came to my notice upon this subject, and wrote out notes
upon the same. Occasionally I printed a brief account of some
of the osteological points of interest in this group as they came
to hand, but the main bulk of my labors in this direction have
long remained unpublished. ‘True it is that in the Proceedings
of the Lovblogical Society of London I printed finally (February
3, 1891) a short account of the osteological characters of the
Pict, with a few brief notes upon the group, but this was
nothing more than apartial abstract based upon what had been

1900. ] SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. O79

accomplished up to that time. Since then all of my descrip-
tions of the skeletology of the Woodpeckers have been gathered
together, and I am inclined to believe they form the most
complete history of the skeleton in those birds, both in detail and
in a comparative way, that has thus far been furnished by anatom-
ists. For making a fair and accurate copy of my collected descrip-
tions and account of the osteology of this important group I am
wholly indebted to the kind patience and intelligence of my wife,
Alfhild, and it gives me great pleasure to thank her here for the
assistance she has rendered.

The plates and figures illustrating the present contribution have
never heretofore been published, and it is hoped that comparative
anatomists will find them useful in their work.

At least three good families of Woodpeckers are known to science
—that is, the Prcide, the Picumnide and the Lyngide—but of
these only the first-mentioned, with a variety of its genera and
numerous species, is represented in the avifauna of the United
States. Naturalists need not be reminded here by name of all
of these forms, as the majority of them are familiar to every one.
Every genus is represented by a more or less perfect skeleton in
the material I have before me at the present writing, and upon
which this account will be based; some skeletons I have in large
series, as Welanerpes torquatus, of which bird I collected a large
number in northwestern New Mexico in 1885. Some I have in
the young stages, beautifully exhibiting the development of the skull
and trunk-skeleton; others, again, are more imperfect. Thanks
to the United States National Museum, I have at hand the skele-
ton of an Ivory-billed Woodpecker, but it unfortunately lacks the
skull and some few other bones. The same institution, however,
has kindly loaned me a very fair skull of Campephilus impertatts.
Numerous skeletons of various species of the genus Dryobates, of
my own preparation, are available, and I am indebted to Mr.
Samuel Parker, of Fort Klamath, Ore., for a fine skeleton of Xeno-
picus albolarvatus. Further, I must not forget to thank my friend
Mr. Thomas Mcllraith, of Hamilton, Ont., Canada, for a fine
skeleton of a male Prcotdes arcticus. I have skeletons in force of
every one of our species of Sphyrapicus, all of my own collecting
and preparation, and by purchase I have obtained excellent skeletons
of Ceophleus pileatus. Dr. W. S. Strode, of Bernadotte, Ill., has

580 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. [0ct.5,

kindly forwarded me skeletons of J/elanerpes erythrocephalus and
MM. carolinus, and Herbert Brown, Esq., the well-known naturalist
of Tucson, Ariz., has, among numerous similar favors, kindly given
me the skeletons of a male and of a female JZelanerfes uropygialis.
Of the genus Co/aptes I have a large assortment, from quarters too
numerous to mention on this page. Mr. G. Frean Morcom, of
Chicago, and Mr. F. Stephens have presented me with alcoholic
specimens of Dryodates scalaris lucasanus, from Lower California.

I command few or no foreign forms, but, in addition to much
other literature upon them, I have a personal copy of Prof. W. K.
Parker’s memoir ‘‘On the Morphology of the Skull in the Wood-
peckers and Wrynecks’’ (1874).

With respect to the Pred, authoritative writers and ornitholo-
gists of all times seem to be of one opinion—that that family,
taken in connection with the two others mentioned above, consti-
tute a very distinct and natural group of birds with very evident
passerine affinities. The American Ornithological Union con-
siders this group to equal an order, the cz; while here I treat
them as one of my suborders, which likewise is designated by the
same name.

Both Sundevall and Kessler recognized a separate group for the
Woodpeckers (/2cz), while Huxley’s well-known characterization
of them as his group, the Ce/eomorphe, is now too well compre-
hended to render it necessary for me to reproduce it here (P. Z. S.,
1867, p. 467). At the time that that distinguished authority pro-
mulgated the opinion to which we allude he believed that the
vomers in the skulls of some species of Woodpeckers remained dis-
tinct throughout life; and, further, saw the nearest affines of these
birds in the Passeres (or his Coracomorphe).

In the memoir of his, to which I have just alluded in a former
paragraph, Prof. W. K. Parker wrote it as his opinion, in referring
to the Woodpeckers as a group, that ‘‘ The fact is they are like early
embryos of the Passerine, in their palatal region arrested at a
most simple Lacertian stage, whilst in other respects they are meta-
morphosed and specialized beyond any other kind of birds. As
far as their upper face is concerned, their arrested ‘ maxillo-pala-
tines,’ symmetrical ‘ vomers,’ ‘ septo-maxillaries’ and feebly devel-
oped turbinal scrolls entitle them to a name which shall be a
memorial of their Lacertian facial morphology. I therefore pro-
pose to call them the ‘ Sawrognathe.’”’

1900. ] SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 581

Garrod saw the vomer of Gecinus viridis in the bone which
Parker designates as his ‘‘ medio-palatine,’’ and of the ‘‘ vomers’’
of Parker, Garrod has said that ‘‘they look much/more like the
inner edges of the imperfectly ossified palatines.’’ Both opinions
are candid, and simply point to a difference of opinion in a matter
of identity.’

Still another view: the distinguished ornithotomist Max Fiir-
bringer divides his order Coracornithes into three suborders, of
which the first is the Prco-Passeriformes ; and these latter are again
divided into three groups, the first of which is the Pico-Passeres.
Now he subdivides the Prco-Passeres into the Price and Passeres,
and makes the Pzez include four families, viz., the Capzfonide, the
Rhamphastide, the Indicatoride and the Picide. The Picid@e here
include the two subfamilies, the /ywgzne@ and the Picine. With
this brief recapitulation of the opinions of former writers, I will
now proceed to examine the extensive North American material
before. me, describe what I find in due order, and, as usual, present
what it seems to indicate to me.

Or THE SKULL AND ASSOCIATED BONES IN THE PICID#.

As an introduction to this part of the skeleton, I select a series
of skulls taken from adult and nestling specimens of Co/aptes mexz-
canus. These are very perfect and have the hyoid arches and
other bones of the sense organs associated with them.

In Colaptes the premaxillary, slightly decurved throughout, is
broad at the base and gradually tapers to its apex. It is composed
of dense bone, but apparently not much more so than are the other
bones of the face. On the proximal moiety of the culmen, the
median suture is persistent at all ages of the bird, while laterally,
upon either side, the premaxillary, assisted by the nasal, surrounds
an elongated, subelliptical narial aperture of no small size. The
internarial space is largely filled in by the irregular bones of the
turbinal series and by an imperfect, though true, nasal septum.

1 Compare both text and figures of Prof. Parker’s memoir on the “ Morphology
of the Skull in the Woodpeckers and Wrynecks” (Zrans. Linn. Soc, Lond.,
read 1874) with Garrod’s «* Note on Some of the Cranial Peculiarities of the
Woodpeckers” (/é7d., 1872, pp. 357-360, and his Coll, Scientific Memoirs, pp.
117-119), and the figure which illustrates the latter.

2 For the details of this classification, see his Untersuchungen 2ur Morphologie
und Systematik der Vogel, published at Amsterdam in 1888.

982 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. [Oct. 5,

Turning to the skull of a nestling Co/aptes, we are to note that
the frontal processes of the bone under consideration slope gradu-
ally up on to the frontal region about equally as far as does a nasal
on either hand. This cranio-facial region is likewise s/ofzmg in
the adult, though further on we shall see that it is quite different in
some other Woodpeckers.

Laterally, the maxillary process of the premaxillary outerlaps the
corresponding maxillary, so that in the adult, after fusion takes’
place, the two bones are indistinguishably united, and no suture
or process thereafter marks the line of union. At the roof of the
mouth, the palatine processes of the premaxillary behave in a simi-
lar manner ; the prepalatine extremity being the bone that outer-
laps the backward-projecting process of the premaxillary upon
either side. The apex of the premaxillary in all Prczd@ is gen-
erally a little truncated off and squarely across.

Mesially, the premaxillary unites to some extent below with the
nasal septum, as we so often see it in other birds wherein that par-
tition exists.

Nothing of especial import characterizes the frontal and parietal
bones in the ‘cranium of a nestling Colapées. Essentially they
agree with the corresponding bones in the immature specimen of
any ordinary passerine bird—a large Thrush, for example—where
the external superfices of the cranial vault is smooth and rounded.

Owing to the relatively small squamosal, however, they in
Colaptes descend far down laterally, and this feature can easily be
guessed at from a glance at any skull of an adult Woodpecker,
where it will be noticed that the lateral processes of the cranium
are comparatively near down toward the quadrate.

The frontals and parietals of an adult Co/aptes do, however, pos-
sess characters not yet evident in the skull of the nestling of any
of that genus. In the first place, there is the denting of nearly the
entire external surface of these parial bones, which is caused by
_ the apices of the quill-butts of the capital feathers. Again, we
note in this region, in the adult, the double impressed groove,
leading from the supraoccipital prominence by a gentle curve to
the posterior periphery of the right narial aperture. This double
gutter lodges, as we know, the free ends of the hyoidean apparatus
during the life of the individual. Adult Co/apfes also exhibit a
slight tilting up of the postero-superior orbital peripheries, the
margins being sharpened and a few perforating foramina occurring

OCEEDINGS AM. PHILOS. SOC. . XXXIX, No. 164, PLATE IX.

RIGHT LATERAL VIEW OF THE SKELETON OF THE PILEATED WOODPECKER.
(SLIGHTLY REDUCED.)

1900. J SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 583

just within their borders, one behind the other down the line.
The frontal region between the rims of the orbits above is but
moderately broad, and barely concaved.

A nasal bone in the skull of the young Co/apées has the usual
form seen among the higher passerine types; it is of the holorhinal
pattern, and makes the usual articulations with the surrounding
bones. As the bird matures a diminutive process is seen to appear
upon its posterior margin between the anterior apex of the frontal
and an abutting process thrown up on the part of the corresponding
maxillo-palatine. Anteriorly it sends a jagged horn of some size
forward into the anterior rhinal space. A true lacrymal does not
develop in Colaptes. The pars plana is large, very complete and
of a quadrilateral outline. Postero-externally it sends backward
from its angle a long, pointed os uncinatum that normally bears
upon the zzner side of the jugal bar. Co/affes, agreeing with all
our United States Prezd@, exhibits considerable ossification of the
turbinal series of bones, although there is a marked simplicity of the
arrangement of them. One turbinal seems to be /vee upon either
side, both in this and in other species. Parker has paid consider-
able attention to the turbinals of the Pecz, and in briefly alluding
to what he saw in other species, in the ninth edition of the Z7cy-
clopedia Britannica (article ‘‘ Birds,’’ p. 717), he says that ‘‘ the
‘inferior turbinal,’ which has ¢#ree coils in Rhea and Tinamus and
zwo in most birds, is in Gecénus merely bi-alate ; in /wx it makes
less than a single turn, whilst the alinasal turbinal of that bird has
two turns and that of Gecimus one. Gecinus is in all respects the
most specialized, Pcumnus the most embryonic and /unx the
most passerine of the Celeomorphe.”’

In adult specimens of Co/afées the interorbital septum is usually
entire, though it often shows a very minute central vacuity. When
we come to examine other species of Woodpeckers, later on, we
will see that this foramen in them is larger and more constant.

The infraorbital bar or zygoma is made up entirely of the jugal
and maxillary, the quadrato-jugal not being present. It is straight
and slender, being abruptly enlarged at the posterior or jugal ex-
tremity, where it is hooked inward to articulate with the quadrate.

Nestling Colaptes show the development of a fine pair of orbito-
sphenoids, occupying their usual sites at the back of the orbits;
and within these cavities, above either orbito-sphenoid, we observe
the free edge of the frontal showing its advancing ossification. At

LDT—OSTEOLOGY OF THE WOODPECKERS, [0ct.5,

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1900.] SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 585

this free edge, which are afterward absorbed by the main bone.
This process occurs in other parts of the skulls of Woodpeckers.

Passing to the base of the skull, we see a number of points of
interest in Co/apfes, and some few features that are not present in
the general run of ordinary existing birds. ‘The basitemporal re-
gion is smooth, broad and deep antero-posteriorly. Nothing
especially noteworthy characterizes the large foramen magnum,
with its relatively small condyle, nor the foramina in front of it
upon either hand. A supraoccipital prominence is also present,
being but fairly developed, and never pierced by foramina in the
adult individual.

Either tympanic bulla is cowrie shaped, showing a characteristic
antero-posterior slit, and, according to Parker, this unique feature
of the Woodpeckers is brought about by one of these bullz being
formed by not only the corresponding exoccipital, but by two, or
more often several, tympanices (usually three). ‘The basitemporal
also enters into its formation (see Fig. r).

A quadrate is of good size comparatively, with its orbital process
stout and truncated at its apex. The ‘‘ mastoidal limb’’ is short,
and the mandibular facets peculiar. Either pterygoid is noted for
its pointed and lengthened meso-pterygoid, which, when zz sctu,
reaches forward to the palatine spur of the same side. On the
upper edge of a pterygoid a prominent and pointed muscular pro-
cess is developed ; it has the same direction forward and inward as
has the shaft of the bone. ‘This shaft is thin and much compressed,
while the quadratal head is small and inconspicuous. When artic-
ulated, the palatal heads do not meet mesially, or they may just
barely touch each other. Occasionally we find in old specimens
of Colaptes minute osseous *‘ prickles’’ at the usual sites of the
basipterygoidal processes, and they represent aborted basiptery-
goids. ‘They are more prominent in certain other Woodpeckers of
our avifauna, but it is only rarely that the corresponding process is
ever seen upon the pterygoid. It is present, though very rudimen-
tary, in a specimen of the Pileated Woodpecker before me.

The inferior border of the rostrum is rounded and not very thick
transversely. It is very sharp in front, and below is usually carried
out as a little spine. Either palatine is narrow, especially ante-
riorly beyond the maxillo-palatine, or what is known as its pre-
palatine portion. Distally this extremity is underlapped by the
palatine process (of the same side) of the premaxillary. Poste-

586 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. [Oct. 6,

riorly the postero-external angle is obliquely truncated, and the
head for the corresponding pterygoid is completely aborted, the
palatine being simply drawn out at this end. About midway up its
mesial border it develops a conspicuous interpalatine process,
directed forward, while another free process, also directed forward,
springs from that point on the bone where the bifurcation of the
vomer articulates in a great number of ordinary birds. This last
process, so variable and so conspicuous in nearly all /rcz, I here
designate as the palatine spur. During ossification of the mesial
and external margins of either prepalatine minute islets of bone are
left, and these may persist or they may not persist during the life
of the individual.

The vomer, mesial in position, is situated rather far back be-
tween the palatines, and is non-bifurcated posteriorly. It is pointed
in front and pointed behind, and rests for nearly its entire length
upon the nether aspect of the sphenoidal rostrum. In some Wood-
peckers it is quite compressed in the vertical direction and of
somewhat of a lozenge-shaped outline. That it is not forked pos-
teriorly need not surprise us, for that also is the case with the semi-
rudimentary vomer in Geococcyx and some other birds.

The lower margin of the mid-lying nasal septum is long and
scraggly ; while above, the laminated portion of the bone is not
completed up to the premaxilline roof. A maxillo-palatine is of
considerable size, broad, horizontally flattened, perforated upon its
nether side by foramina, and finally it sends backward from its
mesio-posterior angle a blunt-like process. This last feature is
absent in many P%c7, and here in Co/aptes the inner margin of a
maxillo-palatine barely comes in so far as the outer border of the
corresponding palatine, and so these bones are widely separated
from each other in the middle line.

In Colaptes the mandible is of the typical V-shaped pattern, long
and narrow, with a very shallow symphysis. Its ramal sides are
rather shallow, upright and with rounded superior and inferior
borders. A ramal vacuity is absent, or reduced to a mere pinhole
or smaller. The angular extremities are rounded, and offer no
special process on either side. This jawbone is pneumatic, and its
hinder articular ends present the usual ornithic characters, with
perhaps an arrangement of the mandibular facets peculiar to the
Pici, but departing but littie from what we find in almost all ordi-
nary avian types. In the adult all the sutural traces among the
splint-bones composing the mandible have disappeared.

1900.) SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 587

A very curious condition of the sclerotal plates of the eyeball
exists in Co/apfes and all other American P7cz wherein I have exam-
ined them. These plates very thoroughly fuse together, although
in the nestling at the time it leaves the nest they are still separate.
In the case of the sclerotals of a specimen of the big Imperial
Woodpecker before me this fusion is so perfect that all the sutural
traces among the plates have well-nigh disappeared entirely. Such
a condition is not common among highly organized birds.

Fic. 2. Superior view, natural size, of the skull of the Imperial Woodpecker
(C. imperialis). Drawn by the author from specimen No. 1464 of the oste-

ological collections of the United States National Museum.

The present writer has not paid any very special attention to the
bones of the ear in the Prez, but Parker has said of them for Ge-
cinus viridis that ‘‘ The stapedial apex of the largely aborted
second postoral arch has some peculiarities of importance. The
true stapedial or periotic portion is rather large and roughly oval,
the side toward the ‘ opisthotic’ bar separating the fenestra ovalis
from the fenestra rotunda being straightest.

‘The capitular portion of the arch, continuously ossified with
the base, is the flattish ‘ medio-stapedial’; a bony rod from this
bar runs down the anterior ‘ infrastapedial’ bar, bringing to mind
the small bone in the ‘stapedius’ muscle of the mammal; it is its
symmorph. This double ‘infrastapedial’ is new to me; it ends
below in a spatulate stylohyal, which has a proximal ossicle just
below the infrastapedial fenestra. The extrastapedial is falcate and
broad-backed ; the ‘suprastapedial’ is small; and from it and from
the proximal end of the extrastapedial a fibrous fan arises, which
supplements the small ‘tubercular’ head of this facial rod. The

PROC. AMER. PHILOS. SOC. XXXIXx. 164. MM. PRINTED DEC. 5, 1900.

588 SHUFELDT—OS8TEOLOGY OF THE WOODPECKERS. [0ct. 5,

proximal portion of the large ‘stapedial fenestra’ is hidden in
this view; but it scoops the falcate ‘extrastapedial’ beneath its
thick outer or back part’’ (Zrans. Linn. Soc., read 1874, p. 10).

Passing to the hyotdean apparatus of Colaptes, we are to observe
that the epibranchials of the thyrohyals are exceedingly slender
rods of bone, and have their extremities resting just within the
posterior periphery of the right external nostril.

In specimens before me the /ef/f epibranchial is several milli-
metres longer than the right. From this point they lie along
in the groove on top of the skull, and curving round behind the
cranium, join similar-fashioned ceratobranchials at points about
opposite the position of the vomer. ‘The ceratohyals are small and
fuse together to form a delicate arrowhead-shaped bone, which
articulates posteriorly with the long, single, highly ossified basi-
branchial. ‘There is no urohyal.

Other Pvc? have the epibranchials curl round the orbit as in the
genus Picus (see Fig. 6). We are now in a position to make cer-
tain comparisons with the skulls of other cz, comparing them
with those structures we have just had under consideration in
Colaptes, and first let us take up the skulls in certain species of
Melanerfes.

Melanerpes torquatus (Lewis’s Woodpecker) offers us some won-
derfully interesting aifferences. It possesses a comparatively broad
skull, with ample brain-case, which latter is externally rounded
and smooth. In the frontal region it is rather broad between the
superior orbital peripheries. The grooves for the ends of the hyoid
are very shallow, barely perceptible, and then only occur no farther
forward than the postfrontal region. At the cranio-facial hinge,
which is directly transverse, the frontals very slightly roll over on
the nasals and the premaxillary. This remarkable picine character
is far more distinct in other genera. We find the interorbital
septum absolutely entire in the adult, while a very ample quadri-
form pars plana is seen, but a distinct os uncinatum does not
appear to be present, and the angle where it occurs is not
especially produced.

Although the tympanic bulla are somewhat cowrie-shell shaped,
they are by no means so conspicuously so as they are in Co/aptes
and some other forms. The basipterygoidal processes are notably
rudimentary, and hardly to be seen in some skulls of this species.
Picine in their general pattern, the pterygoids show but a compara-

1900.] SHUFELDT—-OSTEOLOGY OF THE WOODPECKERS. 589

tively reduced process on either one for muscular attachment, and
when articulated zz s¢#w they are seen to touch in the median line.

Either palatine has its internal and external laminz rather more
curled downward as compared with the thin, horizontally flattened
bones of Co/aptes. The postero-external angle in each develops a
definite process, which is directed backward. Individuals vary
with respect to the lengths of the palatine spurs, they being mark-
edly longer in some than in others, but ¢hezr anterior ends are
always free in this species. Inner and outer borders of the pala-
tines are zof ragged, but very smooth and straight, inclining one to
believe that the ossification along them is different from what I
described for Co/aftes. A free turbinal is found in either rhinal
chamber. The maxillo-palatines are very much reduced, and
strikingly narrow transversely, while the vomer appears to be ab-
sent. I examined seven specimens to satisfy myself of this latter
fact. The posterior reduced ends of the hyoidean apparatus only
reach up to the vault of the cranium; they are very elastic even
in the long dried skeleton, and moreover they are flattened in the
vertical direction.

In the mandible the symphysis is relatively deeper than we found
it in Colaptes, and the foramen in either ramus a little larger.’

Our Red-headed Woodpecker (JZ. evythrocephalus) essentially re-
“peats what we have just described above for JZ. forguatus. In
1879 I collected an old male of this species at Fort Fetterman,
Wyo., and its skeleton is now at hand; since then several speci-
mens have been presented me, and chiefly by Dr. Strode, of Berna-
dotte, Ill., to whom my thanks are due for them.

A vacuity may or may not exist in the interorbital septum of the
Red-headed Woodpecker, and at the cranio-facial hinge the rolling
forward of the frontals is not nearly so evident. The ends of the
hyoid come higher up on the skull, reaching as far forward as the
mid-point between the orbits. ‘The muscular process on either
pterygoid is purely rudimentary, and I fail to find a lacrymal in
any of this genus. No vomer is developed, but in a specimen
before me the beak of the rostrum supports a curious hairlike spine
extending forward in the middle line for several millimetres. In

1] am not quite confident that the ramal vacuity we find in the jaws of Colap-
tes, Melanerpes and the Imperial Woodpecker ccrresponds with the true ramal
foramen as seen in other birds (Passere:). Careful comparisons rather incline
me to think that it does not.

590 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. [Oct.5,

the mandible the posterior angular process is inclined to be slightly
more produced.

Superficially, the skull of dZe/anerpes uropygialis almost resem-
bles that of some of our more delicately structured Thrushes.’
All the bones composing it are notably thin and semi-transparent,
more especially those of the brain-case and frontal region. There
is an os uncinatum present, while the interorbital septum is, as a
rule, entire. The lower border of the nasal septum ossifies, and the
anterior border of the external narial aperture is curled inward to
meet the same of the opposite side. Mesially, these codssify and
form a transverse partition at the point in question. Viewing this
skull from above, we find the cranio-facial region much as it exists
in Colaptes—that is, the frontals do not bulge over the ends of the
premaxillary. None of the birds in this genus seem to have the
external vault of the cranium dented by the butts of the quills of
the capital feathers, and the ends of the hyoid rarely reach so far
forward as the mid-point of the frontal space between the superior
margins of the orbits. In this Gila Woodpecker we find the pala-
tines much the same as they exist in JZ. ¢orquatus, and the same
remark applies to its mandible and hyoidean apparatus.

Melanerpes carolinus has the skull and associated parts very
much like the corresponding structures in JZ. uropygzals, though, |
nevertheless, it has a specific faczes of its own—a /aczes, however,
that would compel the comparative osteologist to sink to insignifi-
cant details to define. But, exasperating as this puzzling inter-
gradation is among the skeletons of these Woodpeckers, it is an
exceedingly interesting picture to take in by the eye.

In W. carolinus the tympanic bulle are so reduced as hardly
to call to mind the cowrie-shell-shaped cavity at all, and the ‘slit’
is comparatively wide. We find in this skull also that the postero-
external angles of the palatines to be rounded off, thus differing
markedly with JZ. ¢orguatus in this particular. No vomer is
present. Maxillo-palatines are very narrow, and an os uncinatum
seems to be absent. JZ aurifrons has also been examined, but
requires no special comment.”

I have also examined skulls of the Narrow-fronted and California

1 Owing to the kindness of my friend Mr. Herbert Brown, of Tucson, Ariz.,
I have skeletons of both male and female specimens of this species.

2 J am indebted to Mr. F. Stephens for several specimens of this species.

1900.] SHUFELDT—-OSTEOLOGY OF THE WOODPECKERS. 591

Woodpeckers of this genus, and they all present essentially the
main cranial characters alike.

Fic. 3. Right lateral view, life size, of the skull of the Imperial Woodpecker
mandible removed; same specimen as shown in Fig. 2.

Ceophleus pileatus is a very large Woodpecker, and the sole
represenative of its genus in this country. Its skull and associated
parts present us with a number of characters of interest, some of
which are different from those discussed in Co/aptes and Melanerpes
(see Fig. 1). Two skeletons of this pileated Woodpecker are
before me, and both are from adult males. One of them has a skull
eight centimetres long by nearly three centimetres wide at its widest
part over the quadrates. Viewing it from above, we are struck by
the great width of the superior osseous mandible, especially at its
base. This part of the skull is much compressed from above
downward—a fact which has its due effect upon the form of the
external narial apertures. The frontal region slopes gradually
down upon the premaxillary over the cranio-facial hinge. As in
Colaptes, the gutters for the accommodation of the ends of the
hyoid are very distinct, and that apparatus passes to the right nos-
tril, as in the form we have just mentioned. For the rest, on this
aspect of the skull in the Pileated Woodpecker, we find a hand-
somely rounded cranial case, which is pitted all over the parietal
and postfrontal regions in a manner already noted for other forms
above. Looked at from behind, we note a well-marked supra-
occipital prominence, while farther along, on either hand, the
tympanic bulle are unusually well developed, having the picine
character of these parts brought up to their comparative maximum
size. Coming to the infraorbital bar, we find it composed only of
the jugal and maxillary, the two forming a straight, stout rod,
which is laterally compressed, and enlarged and hooked .at its

592 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. [0ct.5,

proximal end. ‘The interorbital septum exhibits a rather large
subelliptical vacuity at its centre. Pars plana is large and thick
through antero-posteriorly ; its lower outer angle is produced back-
ward by a long os uncinatum. Rudimentary basipterygoidal pro-
cesses are present, and the corresponding vestigeal apophyses are to
be seen upon either pterygoid. Otherwise these latter are much as
we find in the Pzcz generally, the hooks for muscular attachment being
well produced. Mesially, between the palatine a large vomer is
seen to be present ; it has the form of a spear-head, with its ante-
rior angle produced forward as a delicate spine. ‘Turning to a
palatine bone, we find it narrow and straight, and of nearly equal
width throughout. Its postero-external angle is bluntly produced,
while behind it makes the usual picine articulation with the ptery-
goid of its own side. The palatine spur is shov?¢, freely pointed in

front and appears more as an outwardly curled part of the palatine,

lamina proper. It is curious in possessing a distinctly produced
process upon its outer aspect near the middle. ‘This form of the
palatine spur is quite different from that of any other Woodpecker
that I have ever examined. Running forward from the apex of
the interpalatine spine there is a ragged string of subossified tissue
that is again anchored in front to the mesial border of the bone.
In this structure we may find several islets, of an elongated form, of
true bone. I consider them to be, as I do in other species already
mentioned, detached parts of the prepalatine, which is but poorly
ossified along the border in question. This imperfect mode of
ossification is extended to the mesial subnaso-septal bar, which we
here find to be composed of the same subosseous tissue containing
elongated granules of true bone. Detached turbinals are found in
the narial chambers of the Pileated Woodpecker, but these parts
seem to depart but little from what has already been described for
other picine types.

There is a special character that should be noted in the skull of
Ceophleus, and it is the vazsed osseous line that runs mesially down
the column of the premaxillary. This character is well seen in
the Imperial Woodpecker also, but is absent in representatives of
the genus Colapfes and Aelanerpes.

Our Pileated Woodpecker has a very strong mandible, of a form
usually seen among birds of this group. Posteriorly the ramus is
deep in the vertical direction, and the downwardly convexed bor-
der below is here much roughened, a character it exhibits in com-

—"

1900. | SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 098

mon with the Imperial Woodpecker (see Fig. 4). Imperfect as
the skull of the individual of this latter species is that I have for
éxamination, it yet presents us with a number of very important
characters... Upon superior aspect, this skull has the general
characters of the skull of a Pileated Woodpecker ; it differs, how-
ever, in having the bones of the frontal region to some extent
bulging over the broad superior base of the premaxillary (see Fig.
4). Relatively the vault of the cranium in C. pileatus is higher

. aan Sai ae e

Fic. 4. (Upper one.) Right lateral aspect of the mandible of the Imperial
Woodpecker.

Fic. 5. (Lower one.) Superior view of the same bone and in outline. Both
figures natural size and drawn by the author from the mandible belonging
to the skull shown in figure 2.

and more rounded than it is found to be in the Imperial Wood-
pecker ; in other words, the brain-case, and consequently the con-
tained cephalic mass, is larger in the first-mentioned species than
it isin the last. I have not the skull of an Ivory-billed Wood-
pecker at present for examination, but am inclined to believe that
it will be found to resemble the skull we now have under considera-
tion, and its chief points of difference with what we found in the
skull of C. prleatus are seen to refer to the palatine bone. This

1 The specimen belongs to the collections of the United States National
Museum (No. 1464). It lacks the pterygoids and hyoidean arches, and I am
inclined to believe that the vomer has also been lost. The collector, however,
preserved the sclerotals of one eye, and it is remarkable to see how completely
they are fused into one circlet of bone.

594 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. [0cet. 5,

element is most remarkably modified, for, in the first place, it is
comparatively very narrow, being nearly of an equal width through-
out, while its postero-external angle is completely rounded off.
Then, again, the palatine spur starts from the palatine proper (at
the usual site), first as a delicate, half-turned whorl of bone, which
is extended avrect/y forward as a fine osseous thread fully two centi-
metres long. The anterior end of this latter codssifies with the
mesial margin of the prepalatine, satisfying me of the fact that it
is nothing more than a semi-detached part of the palatine, it being
ossified with it at both extremities.

Plenty of skeletons of the several species of the genus Sphyrapicus
are to be found in my private cabinets, and when we come to study
the skull and associated parts of one of these peculiar Woodpeckers
we are met by a number of characters not seen in the picine skulls
already considered above. Viewed upon superior aspect, the cra-
nium of .S. ¢hyroddeus is broad, rounded and smooth, calling to mind
these parts as they appear in any small, ordinary passerine bird.
The denting caused by the capital feather quills is only seen faintly
in the fore part of the frontal region, which in these birds is very
broad between the orbits. This breadth is extended to the base of
the premaxillary, and this broad base runs quite abruptly to the
apex of the upper mandible. This part of the skull is also much
compressed vertically, causing the external narial apertures to ap-
pear quite slit-like. To some degree the frontals bulge over the
premaxillary about as much in comparison as they do in the Impe-
rial Woodpecker. Seen laterally, this skull presents us with a
large pars plana, but apparently no os uncinatum. Internally the
pars plana curves well backward, while on the other hand the an-
terior wall of the brain-case curves correspondingly forward. This
all very much reduces the size and extent of the interorbital septum
proper, which is here unpierced by any fenestra, The morphology
of the turbinals is practically the same as in other cz already
considered, and a large free turbinal exists in the species of this
genus. Either jugal-bar is short, straight and slender, articulating
in the usual picine fashion with its quadrate behind. And _ this
last-named element is strictly upon the Woodpecker model, while
in the case of the pterygoid, its ‘‘snag’’ for muscular attachment is
very long, and the palatine heads of these bones do not meet when
articulated zz sz#u. Further, the mesopterygoid does not reach as
far forward as the palatine spur of the palatine of the corresponding
side.

=

1900. ] SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 595

With respect to the palatines, they are interesting from the
fact that the palatine spurs curve toward eacli other and the
median line ; but more than this, for when either of them passes the
interpalatine spine of its own side it presents a shoulder for the
apex of the latter to fit upon, while after this the palatine spur is
continued forward as a delicate osseus spine for a short distance.
There appears to be no vomer present in Sfhyrapicus, and the
maxillo-palatine are more than ordinarily reduced in size, while
the great comparative breadth of this part of the skull takes them
away still further from the prepaiatine on either side.

As is well known, the hyoidean arches in this genus of Wood-
peckers, although morphologically like others of the suborder,
they nevertheless exhibit the notable feature in not having the
thyro-hyals curve back over the cranium any more than they are
seen to do in ordinary passerine birds.

The mandible is as in other Pez, with its symphysis rather deep
and the posterior angular processes slightly more conspicuous. The
ramal vacuity is entirely absent.

Quite a gap must exist between Colaptes mexicanus and sucha
form as Picotdes arcticus—that is, if we be guided by what their
skulls seem to indicate. In Prcotdes we meet with a skull that is
possessed of a relatively very large cranial casket, globular and
every way elegant in the extreme. It is uniformly and handsomely
dented all over by the quill-butts of the capital feathers and is dis-
tinctly grooved for the thyro-hyals of the hyoid as far forward as
the cranio-facial hinge. The frontals and nasals conspicuously roll
over the premaxalline base, but the line here is not directly trans-
verse, as it makes an obtuse angle, with its aperture looking forward.

The superior osseus mandible is very wide at the base, straight,
vertically much compressed, causing the slit-like external narial
apertures. These latter have their superior margins slightly tilted
upward, as though the flattening of this mandible was becoming
too great, and the nostril had made an effort later to enlarge its
aperture.?*

1 Some meaning, too, must be attached to the peculiar way the frontal region bulges
over the base of the premaxillary; possibly the continual hammering these birds
indulge in to obtain their food may have in time produced this condition. At any
rate it has the appearance as though the premaxillary had been pushed into the
fore part of the skull. I have noticed, too, that it is in the skulls of the most in-
veterate hammerers that this feature is best developed. It is scarcely noticed at
all in Colaptes, indeed it is quite absent there.

596 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. [0ct.5,

Parker often speaks of having found a lacrymal in the Wood-
peckers, and here in Prcozdes one certainly seems to exist, and it is
represented by quite a sizable flake of bone semi-attached to the
posterior margin of either nasal. It may explain the little bit of a
nib of a process found at the same point upon the nasals of some
other Prci_—Ceophleus, for example. /Prcoides has an orbit that is
veritably cup-shaped, which reduces the interorbital septum to al-
most #7, and proportionately the partition here between the orbits
is quite as thick as it exists in certain caprimulgine types. Not-
withstanding this a sizable fenestra pierces the septum in question.
Os uncinatum, if present, is extremely rudimentary in character,
while a foramen pierces the pars plana just within its external mar-
gin about midway up the plate. Other cz show the same char-
acter.

Directing our attention next to the base of this skull, we are at
first struck with the remarkably small size of the pterygoids, and
this is enhanced by the relatively great proportions of the dome-
like cranium that overshadows them. Each one develops a con-
spicuous ‘‘ muscle-process,’’ and the mesopterygoid is interesting
from the fact that it is more paddle-shaped than in any other Wood-
pecker I have thus farexamined. They do not reach forward to the
hinder ends of the palatine spurs of the palatines, but hold a posi-
tion more as we find it among the Passeres. The basipterygoid
processes are entirely absent. A nasal septum ossifies anteriorly
and is represented by a mesial thread of bone and small, semi-de-
tached plates. I fail to find a vomer present in this species, but
it may be very rudimentary; at any rate there is not much room
for it at its usual site under the rostrum, for here the palatine on
either side curls closely up upon the nether surface of that bar,
and in a way I have not observed in other Woodpeckers. Perhaps
the small vomer was lost during maceration ; and at the present
time I have but one skeleton of Picotdes arcticus.

The posterior moiety of either palatine bone is but slightly wider
than its prepalatine portion. For its whole length it is flattened,
and the postero-external angle is inclined toward producing a pro-
cess, which is directed bluntly backward and outward. A pala-
tine spur is represented by a scraggly thread of bone, which on the
right side passes forward above the interpalatine spine, to become
attached again to the mesial margin of the palatine farther along.
On the left side this connection is not made, so we have the usual

1900.] SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 597

palatine spur, and further along on the edge of the palatine, ante-
rior to the interpalatine spine, we fine a thread-like retral process,
which condition is similar to what Parker saw in Gee¢nus viridis
and other picine types on Jdo¢th sides.

Maxillo-palatine lobes are very small, and upon either side
they are even markedly well separated from the corresponding
palatine.

In Picotdes the ends of the thyro-hyals of the hyoidean appara-
tus seem to extend no farther forward than a point opposite the
cranio-facial hinge; while, with respect to its mandible, it only
need be said that in it the symphysis is deep, and the posterior
angular processes especially well produced for a Woodpecker.
There is no ramal fenestra present.

Macgillivray, in speaking of the arrangement of the hyoidean
extension over the skull in United States Pyez, in Audubon’s Lzras
ef America (Vol. iv, pp. 288-289), says:

‘In Picus varius the tips of the horns of the hyoid bone reach
only to the upper edge of the cerebellum, or the middle of the
occipital region.

“In Picus pubescens they do not proceed farther forward than
opposite to the centre of the eye.

“‘In Picus principalis they reach to a little before the anterior
edge of the orbit, or the distance of half an inch from the right
nostril.

“In Pricus pileatus they extend to half way between the ante-
rior edge of the orbit and the nostril.

“In Picus erythrocephalus they reach to three-twelfths of an
inch from the base of the bill.

“‘In Picus tridactylus they reach the base of the ridge of the
upper mandible.

‘In Picus auratus they attain the base of the right nasal mem-
brane.

““In Picus canadensis they curve round the right orbit to op-
posite the middle of the eye beneath.

“Lastly, in Pécws véllosus they receive the maximum of their
development and curve round the right orbit, so as to reach the
level of the posterior angle of the eye.”’

This agrees very well indeed with the present writer’s observa-
tions, but Macgillivray did not seem to take into consideration the
fact that the ends of the hyoid exhibit wo inclinations—one as in

598 SHU FELDT—OSTEOLOGY OF THE WOODPECKERS. [0Oct.5,

Colapies, where they essay to enter the right nostril, and the other
as in Dryobates, where they essay to curve round the right orbit.

Now, in Xenopicus albolarvatus they reach far forward and
exhibit an evident tendency to curve round the right orbit and
succeed in coming down pretty well in front of it.

Fic. 6. (Upper one.) Superior view of the skull of Colaftes auratus, life size,
showing the manner in which the thyro-hyals of the hyoid pass to the right
nostril.

Fic. 7. (Lower one.) Right lateral view of askull of a Picws, designed to show
the second method by means of which the extremities of the hyoid are
stowed away around the right orbit. 64., basihyal; cé7., cerato-branchial ;

eér., epibranchial. (Taken from Coues’s Aey, and both figures drawn by

the present writer.)

Consequently, in Xencpicus we find the usual groove on the top
of the cranium for the ends of the thyro-hyals and the rounded
vault of the parietal and frontal regions. These are well dented by
the quill ends of the capital feathers. This species of Woodpecker
has a skull most nearly approaching that part of the skeleton in
some forms of Dryobates, and reminds one but very little of any of
the skulls in either Spyrapicus or Melanerfes.

In form the superior osseous mandible in Xezoficus is typically
picine, being quite unlike what we find in such types as Co/apfes
and Melanerpes torguatus. At the base of the skull it is interesting
to note that in this comparatively rare species there appears to

1900. ] SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 599

be a complete abortion of the basipterygoid processes, and there
is certainly no vomer. On the pterygoids the muscle-process is
but fairly well developed. On the palatines the interpalatine pro-
cess is inconspicuously pronounced, while either ‘‘ palatine spur’’
is delicate and passes forward to fuse with the mesial margin of
the palatine from which it arises. A moderately large os uncinatum
is seen and a small subcentral fenestra pierces the interorbital sep-
tum. Contrary to what we have found usually to obtain, a ramal
vacuity of some size pierces the ramus of either side of the
mandible.

When we come to compare the trunk and appendicular skeleton
ot Xenopicus with the corresponding parts of the skeleton of, say,
such a species as Dryodates villosus, we will find still other points
of resemblance between them. Just here, however, we pass to the
consideration of the skull in the last-named species, which is the
form I have selected to represent the genus to which it belongs.
At the present writing I have beautiful skeletons of D. v///osus
before me, which I prepared from specimens collected for me by
Dr. W. S. Strode, of Bernadotte, Ill.

Elegant in form and structure and eminently picine in charac-
ter, the skull in Dryodates is truly a most interesting object to
study. Externally the vault of the cranium is beautifully rounded
and handsomely pitted by the quill ends of the capital feathers ;
further, a double gutter for the ends of the hyoidean apparatus is
unusually distinct. The superior orbital rims are slightly tilted
upward, and just within the margin of either one of them occur
perforating foramina. Between these borders the frontal region is
rather broad, while in front, between the nasals, it rolls or bulges
well over the consolidated extremities of the premaxillaries. The
superior osseous mandible is especially picine in character, being
rather wide posteriorly, compressed vertically and directly drawn
to an acute apex anteriorly. As already remarked, on its superior
aspect it is pushed into the frontal boss behind. The culmen is
represented by a raised ridge extending down the middle line to the
apical extremity. Either external narial aperture is rather ample ; the
line of the lower margin of the opening being curved, while superiorly
it is straight. Within the narial chamber the arrangement of the
turbinals is as we have described them above from Parker. [
would add, however, that the /ree turbinal upon either side is large
and composed entirely of bone.

600 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. [0ct.5,

Upon lateral aspect we are to note that the ‘‘ infraorbital bar’’ is
very slender and straight; it is without a quadrato-jugal. Pars
plana is ample and much curved and there is a fairly well-devel-
oped os uncinatum. The interorbital septum is a thickish plate,
which shows a good-sized vacuity near its centre. Still more pos-
teriorly it will be seen that the sphenotic and squamosal processes
are both conspicuously developed, while anteriorly the nasai is very
slender. By their approaching each other the long sphenotic pro-
cess and the os uncinatum come within one-fifth of completing the
orbital periphery, and the orbital cavity itself is deep, capacious
and cup-shaped. Either tympanic bulla, although not strikingly
large, has the usual cowrie-shell shape so characteristic of the skulls
in the birds we have now under consideration.

I find no evidence of any basipterygoidal processes, and the basi-
temporal region is broad and smooth. Mesially the pterygoids
nearly meet each other, and either one of these bones supports a
conspicuous muscle-process. As for the mesopterygoidal portion
of a pterygoid, itis rather broad and by no means reaches as far
forward as the palatine spur of the palatine bone of its own side.
A quadrate is as we find it in the Pzcz generally, but it is to be
noted that the extremity of its orbital process is slightly expanded.
Coming to a palatine, we are to observe that the post-palatine plate
is slightly concaved upon its nether side, its postero-external angle
is rounded off, and this entire division of a palatine bone is quite
evidently separated from the prepalatine or more horizontal portion
by a subconstriction just anterior to the spiculiform interpalatine
spine. The palatine spur is strongly developed, and, as in Xemo-
picus, completely fuses anteriorly with the mesial edge of the pala-
tine to which it belongs. This fusion of the anterior end of the
palatine spur is at some distance in front of the interpalatine pro-
cess, while opposite this last-named projection it often sends out a
little osseous shoot that makes the feint to join with its apex—that is,
with the apex of the interpalatine spine. A well-marked vomer is
presert, having the usual form and occupying the usual place, as is
seen in the Prez generally, and which I have fully defined above. A
thin or often thread-like septum narium also ossifies in this species
of Woodpecker, and this extends backward for a variable distance
in different individuals—in the example before me as far as the
middle point midway between the very much aborted maxillo-
palatines. These latter are really more reduced than in any Wood-
pecker with which I am acquainted.

a

1900.] SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 601

Passing to the mandible of Dvryodates, it is seen to have the
common V-shaped pattern of the Pici generally, with its symphysis
rather deep, with its posterior angular processes well-marked, and
with quite a sizable ramal vacuity in either of its rather vertically
deep rami.

As has already been stated above (in the table quoted from Mac-
gillivray’s synopsis in Audubon), the hyoidean apparatus in Dryo-
éates (Picus), in so far as its skeletal parts are concerned, is typi-
cally picine, and when the ends of the thyro-hyals arrive as far as
a point opposite the light nasal bone they curve, and thence on
pass nearly round the outer rim of the right orbit. The ear-bones
I have not especially examined in this species, but they probably
very closely agree with what Mr. Parker found in other Wood-
peckers, and on this point I have quoted him above. With re-
spect to the sclerotals of the eye, I find them in Dryodates quite
like what we have given above for the Pileated Woodpecker and
other forms.

This is all I have to say in the present place about the skull and
the osseous structures more or less nearly associated with it in the
Pict, so that next we will pass to the consideration of the remain-
der of the skeleton in this group of birds. Our remarks upon the
skull were led in by an examination of that structure in the genus
Colaptes, so back to Colaptes we go for material upon which to base
our remarks upon the trunk and appendicular skeleton.

ON THE SKELETON OF THE TRUNK AND LIMBS IN THE Woop-
PECKERS.

Upon examining the vertebree of the vertebral column of a
specimen of Colaptes mexicanus at about the time the bird quits
the nest, we find that there are nineteen of these bones between
the skull and pelvis, which is the same as we will hereafter find in
all true passerine types.

These vertebre in the young Co/apées ossify from the same num-
ber of centres, and after the same fashion as they ossify in all of
the higher groups of birds. Zez more vertebrz seem to enter into
the formation of the pelvic sacrum ; and, excluding the pygostyle,
six more free ones compose the skeleton of the tail. Later on we
will allude more particularly to these segments of the entire spinal
column, and the peculiarly formed one that terminates the chain
behind. ‘The pelvis at this age still faintly shows the sutural traces

602 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. [0ct.5,

that indicate the boundary lines among the three bones that enter
into its composition upon either side of the sacrum. Even at this
age it is already strongly indicated that its sides are to be deep, its
basin capacious, and its preacetabular portion comparatively nar-
row (see Figs. 9 and 10).

A rudimentary riblet may be suspended upon either side of the
twelfth cervical vertebra, and a better developed pair occur on the
thirteenth, while on the fourteenth cervical the pair of ribs, al-
though freely suspended, possess well-marked epipleural or. unci-
form appendages.

These latter are very large on the fifteenth, sixteenth and seven-
teenth pairs of ribs, small on the eighteenth, and entirely absent
on the nineteenth, as they also are on the pair of sacral pleura-
pophyses. The four pairs of true dorsal ribs articulate with the
sternum through the intervention of sternal or costal ribs, and
the anterior pair of these latter are very conspicuous from their
unusual bigness-—not so much so in this nestling, however, as they
are in the full-grown Co/af/es, and still more so in adult individuals
of other species of our Pic? Regarding the haemapophyses of
the sternal ribs, or rather pair of ribs, we observe that they do not
reach so far as the costal border of the sternum upon either side.
At this age the sternum is but subdeveloped, showing but imper-
fectly the pair of notches on either side behind, while the carina is
shallow and the manubrial process not complete.

With respect to the shoulder-girdle in this young Red-shafted
Woodpecker, I find that the hypocleidium is absent from the os
furcula, and that this bone has its upper ends pointed. In front of
either of these points we observe a flat, triangular piece of bone of
some considerable size that lies against the head of the coracoid
and the anterior extremity of the scapula of the same side. This
piece ultimately fuses with the end of the clavicle, and thus either
end gets to wear the form of the bone as we find it in the adult
Colaptes. Probably this method of formation is common to all of
our species of Woodpeckers.

The distal ends of the scapule are slightly expanded and
rounded, and as yet but faintly suggest the peculiar form they take
on in fully matured individuals.

Nestlings very imperfectly show the pneumaticity that eventually
comes to so generally obtain in the pectoral extremity of the old
birds of this species and some other /’c:—for representatives of

1900. ] SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 603

this group have this feature quite strongly marked in their skele-
tons. Further consideration of this limb shows the presence of a
good-sized os humero-scapulare; it shows the papillz along the
shaft of the ulna for the ends of the quills of the secondary wing-
feathers ; it shows the presence of a rudimentary sesamoid at the
elbow; and it shows, even at this early age, the ossicles at the
wrist number but two free ones, all the others having duly fused
with the proximal extremity of the metacarpus. Peculiarities of
the bones composing the hand can best be studied in old birds,
which we will do further on.

Upon examining the skeleton of the pelvic extremity in this
nestling, I find ossification of the several bones composing it so
far advanced that nothing would be gained by a description of
them in their present state, and it will be better to study them also
in a matured individual. Students will comprehend just how rapid
this ossification has been when I tell them that even at this early
stage of this Woodpecker’s development the line of sutures between
the condyles and the lower end of the shaft of tibio-tarsus has
been absorbed, a condition which likewise obtains in the femur.
A goodly patella has also ossified.

Taking up next the skeleton of an old individual of Colaftes
mexicanus, we find some very good characters in its vertebral col-
umn, in addition to those described above. With respect to the
atlas, it is peculiar in having the vertebrarterial canal, upon either
side, completely enclosed by bone. It also has a very broad neural
arch, and its cup for the condyle is unperforated in many speci-
mens. In the axis we find both neural spine and hypopophysial
process prominently developed, and in this vertebra the vertebrar-
terial canal is also present and of some length, being enclosed by
bone. Both atlas and axis are highly pneumatic, as are all the free
vertebree of cervical and dorsal regions. ‘This not only obtains in
Colaptes, but in other Picz. Conspicuous neural spines are also seen
upon the third and fourth vertebrae, with less evident hypopophysial
ones. In both these last a broad interzygapophysial bar exists
upon either side, and with regard to the remaining cervical verte-
bree they are chiefly noted in not possessing parial parapophysial
spines, those processes so characteristic of the mid-cervical verte-
bree in the vast majority of the Passeres, Zygapophysial processes
in these vertebrze are short and thick, which fact lends a peculiar

PROC, AMER. PHILOS. SOC. xxxIx. 164. NN. PRINTED DEC. 6, 1900.

604 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. [0ct.5,

solid appearance to the mid-cervical segments from a posterior
view. A hypopophysial canal is well marked, and this in the
tenth, eleventh and twelfth vertebrze is replaced by very large and
strong processes.

Among these segments the usual form of articulation that we find
in the highest groups of birds prevails both anteriorly and pos-
teriorly.

In the dorsal division of the spine large neural spines are present
and the diapophyses are long and broad, developing at their outer
extremities, above, short spine-like metapophyses.

Pneumaticity obtains in the case of the thoracic ribs, and these
bones are rather wide in the antero-posterior direction and com-
pressed transversely. The epipleural appendages are broad and not
lengthy, usually in any casé only reaching to the middle of the next
succeeding rib. They always fuse with the margin of the latter.

Foramina for the admission of air are likewise to be seen at the
ends of the true costal ribs.

Very spreading and somewhat downwardly-inclined transverse
processes characterize the six free caudal vertebra in Codaftes.
Their centra are small and the bones are not pneumatic. The
neural canal is almost capillary in its calibre, while in the two ulti-
mate segments a codssified, strong chevron bone is seen, which is
likewise pierced antero-posteriorly in the last one by a foramen.
This foramen is also carried on through the lower part of the pe-
culiarly formed pygostyle. The neural spine of the last-mentioned
is lofty, being thin-edged in front and on top, while posteriorly it
is thicker. This bone also codssifies with the caudal vertebra next
in front of it, the transverse processes of which remain undiminished
in size. Behind, the pygostyle at its lower part flares out as a broad,
transversely-disposed hexagonal plate of bone, constituting a well-
known character of the Pez.

So far as number of vertebrze is concerned and arrangement and
number of ribs, Dryobates essentially agrees with Co/apies, but in
the former we find some interesting morphological differences. In
Dryobates the cup of the atlas is always perforated, and at the sides
of this bone, either upon one side or the other, the osseous span
for the vertebrarterial canal may not be quite complete, while on
the other hand the hypapophysial canal for the carotid artery is
entirely surrounded by bone, and the union below is firm. The
last five cervicals support long hypopophyses which are narrower

1900.] SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 605

in mid-series than they are at the ends; the leading dorsal vertebra
also bears one of these processes, while the neural spines to the
last-mentioned are lofty and comparatively narrow antero-poste-
riorly, and a somewhat reduced one is found on the last cervical.
Epipleural appendages are seen upon all the true dorsal ribs, but
they are absent from the extremely slender pair of sacral ribs. The
last pair of cervical ribs are peculiar in being very stout and broad,
and from this pair backward through the dorsal series they di-
minish in width. Most curious of all is the great size of the ante-
rior pair of sternal ribs, and it is not clear to me at the present
writing why they should be so. There is no canal passing through
the ultimate chevron bones and the lower part of the pygostyle in
the skeleton of the tail in Dryobates. Excepting a few minor de-
partures, the part of the skeleton we have now under consideration
in the Ivory-billed Woodpecker essentially corresponds with what
we see in the last-mentioned genus. Campephilus, however, does
not have its carotid canal completely closed in—the canal is found
through the chevron bones of the caudal vertebrae—and a very high
state of pneumaticity exists throughout. Xemopicus likewise agrees,
as does the Pileated Woodpecker (C. pc/eatus), and in it the chevron
bones are pierced by a canal which is extended through the enor-
mous pygostyle of this bird. It, too, has the vertebrarterial canals
of the atlas and axis entire.

Picoides arcticus presents us with nothing in its vertebral column
and ribs in any way at variance with what we have in general found
among other Woodpeckers above. In it, as usual, the atlas is
pierced on either side for the vertebrarterial canal, and the carotid
canal is slighly open in mid-cervical series, but completely closed
and very small in the last vertebra or two. Nineteen free vertebrae
are found between skull and pelvis, and six with a large picine
pygostyle in the skeleton of the tail.

In aspecimen of JZelanerpes erythrocephalus at my hand Lalso find
nineteen free vertebre from occiput to pelvis, with six free tail
vertebre and a pygostyle. Generally speaking, the characters of
these and the ribs connected with them are much the same as we have
already described above for representatives of other American picine
genera, but still there exists a specific shading difference hard to
define. The vertebrarterial canal or foramen is closed in by bone
on one side, open on the other in the case of the atlas, and the cup
of this bone is largely perforated by an odontoidal fenestra. The

606 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. [0¢t. 5,

ribs appear to be slenderer and the hyapophysial processes of the
last cervical vertebra not so strongly produced. A foramen, median
in position, perforates the lower part of the pygostyle, as I have
called attention to in some other Woodpeckers.

The first pair of sternal ribs are comparatively not so stout as.
they are seen to be in Dryodates.

Coming next to consider such a form as Melanerpes torquatus,
we find the same plan prevailing ; in it, however, the pre- and post-
zygapophyses of the mid-cervical region are rather more spreading ;
the upper parts or moieties of the dorsal ribs are again broad; the
leading pair of haeemapophyses are barely larger than the remaining
pairs. This is quite a striking difference as compared with what
we saw, for instance, in Campephilus. With respect to the caudal
vertebra, we find their transverse processes narrow and long, while
the chevron bones, codssified with their centra beneath, are simply
bifid, and the spreading part of the pygostyle, comparatively speak-
ing, is not as large as usual. Finally, the neural spines of the dorsal
series of vertebrz are very low, and the ends of their superior
borders interlock both in front and behind.

Some very noted differences are to be seen in this part of the
trunk skeleton when we come to compare JZ. ¢orguatus and J.
carolinus. First, in the last-mentioned species the post- and pre-
zygapophyses of the mid-cervical vertebrze are not nearly so slender
nor divergent ; it has but five free caudal vertebrze,* and a large
submarginal foramen pierces the pygostyle below.

There are also other minor differences whichare to be recognized
upon careful comparison. Right here I wish to point out a differ-
ence that exists in the axis vertebra of the Pileated Woodpecker
and the same bone in Dryobates, M. torquatus and M. carolinus.
In the first this segment of the spine is pierced upon either side by
the vertebrarterial canal, while in the last-mentioned species the
vertebral artery and vein skip this vertebra and pass directly from
the canal inthe third cervical to the corresponding canal in the
atlas.

Melanerpes uropygialis exhibits some characters in its vertebrz
and ribs that agree with the corresponding ones in JZ. torguatus,
while others agree with J. carolinus. For instance, it has sex
free caudal vertebree and the pygostyle, the latter showing the

1 Determined from two specimens sent me by Dr. Strode.

1900.] SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 607

medio-submarginal foramen. One peculiar character is seen in
this handsome Woodpecker, and it is in the first or anterior pair of
its dorsal ribs. Here the epipleural appendages, the one on either
side, fuse with the margin of the rib for the entire length of its
superior border. In other words, the epipleural appendage is par-
allel with its rib, its upper margin being codssified with the poste-
rior or adjacent border of the rib to which it belongs.

None of the species of the genus SAhyrapicus seem to present us
with any very marked departures from what [ have attempted to
give above in reference to their spinal column and ribs. They
have s¢x free caudal vertebrz, the fenestra exists in the pygostyle,
the atlas is perforated for the passage of the vertebral vessels on
either side, and the ribs seem to be slenderer than is usual among
Woodpeckers.

In this genus, in JZ, carofinus and no doubt in some others, the
lower ends of the last pair, or ‘‘ floating costal ribs,” codssify with
the hinder margin of the costal rib in front of them. This is not
the case in Dryobates, Picoides, nor in some others; it may occa-
sionally be seen in the Pileated Woodpecker.

Let us next consider the sternum in some of the Prcz. Several
characters of this bone are held in common by all the repre-
sentatives of the group. It is always found to be highly pneu-
matic, with the foramina between the facets on the costal
borders ; secondly, on the thoracic aspect (1) down the median
line, (2) transversely within the anterior border, and (3) a large
median one at the base of the manubrium. ‘The carina is com-
paratively shallow, and notably extended forward beyond the body
of the bone. Either costal process is lofty, pointed, with all the
facets for the costal ribs arrayed down its posterior border. In
front, a more or less bifurcated manubrium is seen. Behind, the
body of the bone is expanded, and profoundly two-notched upon
either side, thus giving the xiphoidal processes dilated posterior
ends.*

The costal grooves are prominent, separated mesially, and a
small subcircular facet is found at the termination of either one of
them externally. They are for articulation with the coracoids.

1 In the sternum of a specimen of Colaptes mexicanus at my hand the inner
notch of the left pair is a large subelliptical foramen, caused by the fusion of the
inner tip of the process with the outer tip of the adjacent angle of the body of the
bone.

608 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS, [0cet.5,

In Co/apftes the manubrium is strongly bifid, pneumatic foramina
occur at all the points mentioned above, the notches of the hinder
part of the body are profound, and the anterior border of the
carina is convexed forward. In Campephifus the manubrium is
small and feebly bifid, and there is no median pneumatic foramen
posterior to its base; the articular borders of the costal processes
are very broad transversely; the body of the bone is much ex-
panded posteriorly, though the ‘‘ notching ’’ is comparatively shal-
low; the anterior carinal border is irregularly scalloped.

In the Pileated Woodpecker we find a sternum closely resembling
the bone in Campephilus; in it, however, the notches are com-
paratively deeper, the bifurcation of the manubrium more evident,
and the carina comparatively deeper. This notching of the
xiphoidal margin of the sternum though is found to vary with re-
spect to its profundity in different individuals of the two last-
mentioned genera.

Dryobates has a typically picine sternum, with a bifid manu-
briuni, and the anterior border of the carina nearly straight and
vertical—a condition that is likewise present in the bone in Xeno-
picus.

Picotdes arcticus exhibits nearly the same characters with the last
two, but in it we find a sternum that calls to mind the bone as it
occurs in some of the Passeres. The carina is deeper and not so
prominently brought forward in front. Four notches behind,
however, dispel the resemblance.

Changing pattern again in Je/anerpes torquatus, we find a ster-
num with a shallow keel, with a conspicuously produced fore part ;
a subaborted bifid manubrium; a shortish body, with thin costal
processes; and, finally, the bone less pneumatic than is the rule
among Woodpeckers. Some of these features are carried still far-
ther in MZ. carolinus, where pneumaticity of the bone is at its
minimum, and the bifurcations of the minute manubrium are almost
or quite aborted. In this species, however, the xiphoidal processes
are slender, and the notches that create them more than usually
deep. All this agrees very well with what we find in JZ. wropygiats,
but in the sternum of this bird the carina again is very shallow
and the ‘‘notches’’ not strikingly deep—at least not nearly as
much so as they are in JZ. carolinus.

Other species of this genus show some slight individual peculi-
arities in their sterna that, taken in connection with other charac-
ters, ought to some day assist in determining affinities.

1900.] SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 609

In Sphyrapicus the xiphoidal processes are uncommonly slender ;
the body of the bone thin and delicate ;' while the horns of the
manubrium are a little larger again.

All of our species of Woodpeckers possess an os humero-
scapulare at either shoulder-joint. It has much the same form and
relative size as we find it in birds of comparative proportions
among the Passeres. With respect to the several bones of the
shoulder-girdle, however, they are seen to have quite dissimiliar
patterns among the /7c7, although the general plan or form is the
same. Most curious do we find a scapula to be in Co/apées. It is
fashioned like a flattened great J, with the curved portion enlarged
and directed outward. Either coracoid has a long, slender shaft,
with the head of the bone much produced upward, and compressed
from side to side. At its sternal extremity we find a sharp, thin,
hook-like process at its outer aspect, with two concave, transverse
facets below, and a small subcircular one at its suprainterno-mesial
angle. As we know, these facets are for articulation with the
sternum. ‘The glenoid facet at the other end of the bone is long
and narrow, and is inclined to be convex outward rather than a
“‘cavity,’’ as it really is on the scapula. Os furcula is of the.
typical U-shaped pattern, with enlarged, triangular, transversely
compressed heads, and no hypocleidium below. The clavicular
limbs are delicately constructed, and likewise compressed in the
transverse direction. All the bones, with perhaps the exception of
the furculum, of this arch are highly pneumatic, and when articu-
lated zz situ the great, flattened, subtriangular head of the fur-
culum on either side is lain flat against the scapula and coracoid,
which in turn are articulated in the usual manner.

Adult Ivory-billed Woodpeckers possess a strong pectoral arch,
and in this species all of the bones composing it are thoroughly
pneumatic. Relatively they are considerably shorter than the cor-
responding bones in a Co/apées, with their extremities somewhat
stouter. The scapula does not especially remind us of a J, al-
though its posterior end is abruptly turned outward, but it is about
at right angles with the shaft and not enlarged or curved any.
Proportionately speaking, the coracoidal end of a scapula in this

1 I have one specimen that shows a normal circular fenestra in it on the right
side, just anterior to the inner notch, and probably this character will be
found in a certain percentage of the sterna of this species, S. v. machadlis, as
well as others of the genus,

610 SHUFELDT— OSTEOLOGY OF THE WOODPECKERS. [Oct. 5,

species is tuberous and the pneumatic foramina upon its anterior
face large. A coracoid lends but a limited share of the articular sur-
face for the head of the humerus, but a large, subtriangular facet is
seen upon the scapula for that purpose.

In Melanerpes torguatus the same general characters as we have
described obtain, but, as we would naturally expect, the several ele-
ments of the arch possess a peculiar facies of their own. A blade
of a scapula, for instance, is vertically compressed, while its en-
larged posterior end is not nearly so abruptly turned outward as it
is in Colaptes. At the lower outer angle of the sternal end of a
coracoid, the process is handsomely developed and the facets below
very distinctly defined. This last description agrees pretty well,
too, with what we find in JZ. carvolinus, though good differences
exist in minor details. Dvyobates villosus has the posterior end of
either scapula bent out at a right angle with the shaft, which is also
the case in Xenopicus, while in Ceophleus all the bones of the arch
are fashioned more as we find them in Campephilus.

Various species of Sphyrapicus show all the picine characters
of the bones of the shoulder-girdle, and in them the hinder ends of
the scapulze are enlarged and stand at a right angle, in either case,
with the shaft.

Very conspicuous indeed is the process at the outer aspect of the
sternal end of a coracoid, it being sharp-pointed and somewhat
turned backward.

In some Woodpeckers, as the Ivory-bill, this last character
would hardly attract especial attention. It is but moderately marked
in Picoides, a bird which also has a typical picine pectoral arch.

Any American Woodpecker is always possessed of a large, capa-
cious pelvis, and in Co/apfes, when we come to view the bone from
above, it is seen to have a moderately extensive pre-acetabular re-
gion, with a much larger post-acetabular one. An ilium is pointed
in front, and these bones diverge from each other as they proceed
forward. This creates a canal of increasing size on either side of
the prominent crista. Posteriorly the ‘‘ sacrum’’ fuses completely
with the ilia and presents behind more or fewer small parial, inter-
diapophysial foramina,

At the side, the antitrochanter is small, though prominent ;
the ischiadic foramen of good size; a large obturator space merg-
ing with the small subcircular obturator foramen ; a circular acetab-
ulum with its base entirely absorbed. There is no propubis, and

1900.} SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 611

the postpubic bone is long and slender, being produced well be-
yond the ilia on either side behind. Sometimes it fuses with the
foot-like process sent down by the ischium. Superiorly the hinder
margin of the ischium is roundly concaved, the lower part being
convexed outward. Upon the aspect now under consideration we
see that the pelvis is rather deep. ‘This feature is very character-
istic of such a form as the Ivory-billed Woodpecker (see Fig. 8).

SSS

SS
<<

STERNUM AND PELvIs OF IVORY-BILLED WOODPECKER,
(Campephilus principalis. )
Fic. 8. (Upper one.) Left lateral view of the pelvis.
Fic. g. (Left-hand one.) Superior view of the same bone.
Fic. 10. (Right-hand one). Anterior aspect of sternum,
All figures life size from nature by the author from specimen No. 18578 of
the collections in the United States National Museum.

612 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. [Oct. 5,

The calibre of the neural canal is subcircular and not large, and
swells but little for the enlargement of the myelon where the sacral
plexus is given off. One thing strikes us as peculiar in this pelvis,
and that is upon its ventral aspect there is no lengthening nor any
other change in the transverse processes of the vertebrz opposite
the acetabule. It is well known that in a great many birds these
are increased in size and strength and thrown out as_ buttresses
against the ilia as a means of support for these points, they being
opposite the articulation of either femur. Anteriorly there are
three vertebre that throw out their diapophyses against the ilium
on either hand.

In Dryobates the general character of the pelvis is the same,
presenting but few specific differences. Viewed from above thiere
is seen to be a flush, smooth and level area mesially situated be-
tween the points where the ‘ ilio-sacral canals’’ terminate behind
and a pair of triangular depressions over the sacrum posteriorly .for
the lodgment of caudal muscles. This is also fairly well marked in
Colaptes. In Xenopicus the pelvis is very much like that bone in
Dryobates, while in Picoides arcticus it has a pattern peculiarly its
own. Here the pelvis is short antero-posteriorly, with very deep
sides, and post-pubic elements scarcely produced at all behind.
Moreover, in Picotdes the obturator space is shut off by bone from
the large subcircular obturator foramen, and the downward project-
ing process of either ischium behind is exceedingly small.

The pelvis of Melanerpes torquatus reminds me very much of
the pelvis in Colapfes, it having the same general character and
form. The same remark applies, though not so strictly, to the
bone as we find it in JZ. carolinus.

In the Ivory-billed and Pileated Woodpeckers the pelves much
resemble each other, but in the first-mentioned species the side of
the bone posterior to the acetabulum is comparatively much deeper,
while in the Pileated Woodpecker the descending foot of the
ischium is relatively much broader and always fuses with the supe-
rior edge of the post-pubis where it meets it. In both these species :
the pelvis is largely pneumatic, a condition that obtains to a greater
or less degree for this bone in all of our Prez ; least so, perhaps, in
such a type as Sphyrapicus. Sphyrapicus v. nuchalis has a pelvis
quite picine in all its characters. Some good distinctive features
present themselves when we come to compare such a pelvis with
the pelvis of Zyrannus tyrannus.

1900. ] SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 613

In the Tyrant Flycatcher to which I allude (1) the parial fora-
mina of the post-acetabular region are present and large. They
are absent in the Woodpecker. (2) In Zyrannus the descending
process of the ischium is slender and nearly straight ; its foot does
not codssify with the post-pubis. (3) The Tyrant Flycatcher has
the obturate space and foramen separated bya delicate bridge of
bone. They merge into one fenestra in the Woodpecker. (4) Zj-
vrannus, on the ventral aspect of the basin of the pelvis, opposite
the acetabulz, has the transverse pleur- and diapophyses thrown out
as abutments against the ilium, upon either side, as tie-beams.
No modification of the parts mentioned is to be seen in Sphyrap-
icus. (5) Zyrannus has its ilio-neural canals open behind upon
either side of the sacral crista. They are closed at those points in
the Woodpecker.

Before passing to the consideration of the appendicular skeleton
it will be as well to add here that I have glanced at the ossifica-
tions that occur in the ¢vachea of Colaptes, and it will be seen that
both the rings and the semirings are thoroughly ossified. At the
upper extremity we find the usual bony thyroid plate, also arytenoid
bones of a peculiar form. Each one develops two bifurcating limbs
behind, which gently curve toward each other, and thus enclose or
nearly enclose a subelliptical fenestra. Their free ends articulate
with the corresponding side of the median bone at its upper tip.
At the syringeal end of the trachea we find an ossified pessulus,
with the ossified semirings below it. The form of the tracheal
rings seems to correspond with the corresponding structures as we
find them in most all ordinary birds.

Or THE APPENDICULAR SKELETON IN THE NORTH AMERICAN PICI.

So far as the pectoral limb is concerned, I may say I have ex-
amined it and compared it in some nineteen or twenty species
of our Woodpeckers, and find that although there are some
few distinctive characters, these appear for the most part to be
slight, and in such a work as the present one need hardly be
dwelt upon in detail. Pneumaticity, however, seems to differ
among them in so far as its extent goes, for in Co/apftes I find hu-
merus, radius and ulna all pneumatic, while in J/elanerpes tor-
guatus only the first-mentioned bone enjoys that condition.

Ceophleus pileatus offers us a very good average species wherein
to study the characters presented on the part of this limb, and it

614 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. [0ct.5,

will be made to stand here for the group in this matter. An adult
specimen of this form has a humerus measuring 5.4 cms. in length,
an ulna of 6.5 cms., radius of 5.8 cms., and a total length of the
skeleton of manus 5.1 cms.—a very well-proportioned limb.

Owing to its large pneumatic cavity, the humerus is very light,
while, on the other hand, its shaft is large round. It exhibits the
usual sigmoid curve, and the extremities of the bone are consid-
erably expanded. The radial crest is long and rather prominent,
and the ulnar tuberosity well over-arches the pneumatic fossa. At
the base of the fossa the air-holes are very fine, and form a diffuse
group of apertures leading into the humeral shaft. Between the
ulnar tuberosity and the head of the bone a deep, oblique groove
exists.

At the distal extremity the radial and oblique tubercles occupy
their most usual positions, there being quite a prominent tuber-
osity on the radial border of the shaft immediately above the latter,
and a still more conspicuous process produced distally below the
former from the ulnar border of the bone.

The radius is nearly straight and slender; its shaft is quite
uniform in calibre throughout. Its extremities exhibit the usual
ornithic characters. :

Fic. 11. Left ulna of Colaptes mexicanus, natural size, drawn by the author
from a specimen in his own collection. g directs attention to the elevated
osseous papillz on the shaft for the insertion of the ends of the quills of the
secondary feathers.

Nothing especial characterizes the ulna of the Pileated Wood-
pecker beyond the remarkable row of elevated papillae down the

1900. ] SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 615.

subpalmar aspect of its shaft. There are seven of these, and ap-
pear upon this bone in all of our Pic7. Beyond this the ulna is
seen to be a stout bone with subcylindrical shaft, the latter being
nearly straight for its distal moiety—curved along its proximal
half.

The olecranon process is well produced and all the articular
facets and trochlez of this bone are of good size.

A single sesamoid of no great size is found at the elbow, and in
the adult Woodpecker the carpus is composed of the usual two free
bonelets, the ulnare and the radiale. These latter possess each
the form they are seen to have in most all ordinary birds, and their
articulations also correspond.

The carpo-metacarpal bone of the hand has a few characters
that should be noticed. Among these we observe that the ar-
ticulatory facet or trochlea formed by the os magnum is, upon
the anconal side, brought well down upon the shaft. Its bor-
der is rather thin-edged, and on the whole this part is com-
pressed from side to side. Below the head of the bone there is
seen a thin, laminated process coming off from the posterior
aspect of the index metacarpal that laps flat over against the
upper third of the shaft of the mid- or smaller metacarpal at its
outer aspect. Such a process we will also find in this bone
among the Galiine, Passeres and other groups.

The lower end of the midmetacarpal extends considerably
below that end of the larger or index metacarpal, a state of
affairs that is reversed in some birds, as in the Z7ochzl.

Both pollex and distal index phalanges are comparatively small
and pointed. They are without claws. The large proximal
phalanx of the index digit is peculiar in that its posterior blade-
like part is much reduced, and it is only distally that this part
is produced a little, curves upward and meets the lower ex-
tremity of the small free phalanx of the middle or last finger.
This last-mentioned phalanx is, contrary to the rule in ordinary
birds, larger than either the pollex digit or the distal one of in-
dex, and is distinguished by having a tubercle projecting from
the posterior aspect of the proximal third of its shaft.

Passing now to the consideration of the pelvic limb of the
Pileated Woodpecker, the species in hand, we find that in the
adult the femur measures 4 cms. in length, the tibio tarsus
5-4 cms., the tarso-metatarsus 3.7 cms., and the longest or outer

616 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. [Oct 5,

anterior toe 3.6 cms. The fibula rarely exceeds 3 cms. in
length.

Besides the rather small patella, there are found one or more
minute sesamoids in the tendons of the muscles that attach to the
lower end of the femur, especially in that tendon which inserts
itself between the femoral condyles (flexor longus hallucis). In
it one appears to be constant.

Always pneumatic, the femur is characterized by a large air-
hole situated at the usual site, when it occurs in this bone in
Aves. A very shallow excavation for the ligamentum teres is
found upon the femoral head, and the trochanter is not elevated
above the articular surface at the summit of the shaft. This
latter is nearly straight, subcylindrical on midsection, and is
scarred by the usual muscular lines. As to the condyles, they are
not large, and they offer us only the usual ornithic characters ;
the external one, being the lower, is grooved behind for the head
of the fibula and has a small pit-like depression immediately
above it. The popliteal fossa is shallow, as is also the rotular
channel in front.

Tibio-tarsus possesses a large head, which is compressed an-
tero-posteriorly, spread transversely, and is further characterized
by having the cnemial crest well raised above the summit of the
bone, while both pro- and ectocnemial processes are quite
aborted or very nearly so. From end to end the shaft is slightly
bowed outward or toward the fibula side. A line down its
front is, however, practically straight. What appears to repre-
sent the ‘‘procnemial ridge” is here a thin crest passing down
the upper half of the shaft upon its inner aspect. Directly upon
the opposite side of the bone is seen the “ fibular ridge,’’ which
is low proximally, and gradually increases in height to its ter-
mination below. This form of the ridge has the effect of keep-
ing the distal end of the somewhat feeble fibula well away from
the tibic-tarsal shaft. And it is about opposite the midpoint of this
latter that we see the free pointed end of the fibula as it is held
in that position.

Returning to the tibio-tarsus, we have still to observe that the
usual osseous bridgelet crosses the tendinal canal at the antero-
distal aspect, and that a tubercle is found above it upon either
side, the outer one being the lower upon the shaft. The con-
dyles are large, nearly of equal size, directly opposite each other

an
——————<—<e

1900.] SHUFELDT—OSTEOLOGY OF TITE WOODPECKERS. Gl?

and separated in front, below and behind by a deep intercondy-
lar notch. A pit is seen in the middle of this, below, for a con-
‘spicuous process standing up on the summit of the tarso-meta-
tarsus. ;
Antero-posteriorly the articular facet on the summit of the fibula
is concave. Just now I invited attention to the erect process
standing between the concave articular facets upon the summit of
the tarso-metatarsus in the Pileated and other Woodpeckers. This
bone of the leg shows further that its hypotarsus is bulky, being
both deeply grooved and perforated for the passage of the ten-
dons. Its shaft is straight, rather small comparatively, and only
slightly grooved down its length in front and not so at all be-
hind. Distally the trochleze are large and prominent, and among
our Pici we find two patterns of these, one being as they occur
in Ceophéeus, now in hand, and the other as they occur in the three-
toed forms, such as Prcotdes. They differ, however, but very little,
as the difference in /Pzcotdes is a suppression of the first toe and
the small, free first metatarsal. Evidently this does not affect the
form of the trochlez of the tarso-metatarsus to any extent.
Turning to the Pileated Woodpecker again, we find a very
interesting state of affairs, for the trochlea for the inside anterior
toe is single and much compressed lateralwise ; the one for the
outer anterior toe is double, or, in other words, has two condyles
with the median valley running round between them. Then comes
the single trochlea again for the fourth toe or the outside hinder
one. It is turned to the rear and articulates with the basal joint
of the reversed toe. Posterior to this is a very large, irregular,
freely-projecting trochlea, which articulates with a sesamoid at the
back of the foot. This sesamoid is moulded on to the inner side of
the base of the basal joint of the reversed toe and to some slight ex-
tent on to the base of the basal joint of the hind toe proper. Indeed
it stands between them, and the trochlea intended for it is fully
three times as large as the one for the fourth or reversed toe.
The accessory metatarsal is comparatively very small and freely
suspended as usual. Considerable feebleness seems to character-
ize the true hind toe of the Woodpecker under consideration.
Its basal joint is much compressed from side to side, and indeed
this is the case with all these joints of the podal digits, it being
especially noticeable in the first and second toes. The osseous
claw to the first toe is also comparatively small, but the outer

618 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. [0ct.5,

three ungual joints are powerfully developed. So far as the
number of joints is concerned they range as in the Passeres,
normally—z. e., two, three, four and five for first, second,
third and fourth digits respectively—the anterior toes having three
(inner) and four (outer) joints devoted to them, while the pos-
terior ones have two (inner) and five (outer), thus showing the
reversed toe to be the fourth of the typical avian pes.

SUMMARY OF THE CHIEF OSTEOLOGICAL CHARACTERS OF THE
NortH AMERICAN PIctI.

1. Large but simple-scrolled turbinals; there may be a free
turbinal.

2. Bulging of the frontal region over the transverse cranio-
facial line may (Pcotdes) or may not (Colapées) exist.

3. Generally the external cranial vault is more or less dented
by the ends of the quills of the capital feathers.

4. The interorbital septum is sometimes entire and sometimes
shows a fenestra.

5. Pars plana large, and often the os uncinatum is well de-
veloped.

6. Lacrymal usually vestigial in character.

7. Quadrato-jugal aborted.

8. Tympanic bulle cowrie-shell-shaped and otherwise peculiar.

g. A large spur on the upper side of either pterygoid for mus-
cular attachment.

1o. A median, dagger-shaped vomer sometimes present, but
sometimes absent.

11. Maxillo-palatines rounded lamina and very much aborted.

12. A more or less imperfect nasal septum usually present.

13. Vestigial basipterygoidal processes are distinctly developed
in some species.

14. As ossification advances in the palatines it may be charac-
terized as being ‘‘ragged’’ along the antero-mesial and antero-
external margins of these bones. This often leaves little osseous
islets not absorbed, a few of which may persist here and there
throughout the life of the individual.

15. Either palatine is characterized by possessing an ‘‘ inter-
palatine spine,’’ or process, and this may be continued forward to
fuse with the mesial border of the bone by its free tip. Either pala-
tine also possesses a palatine spur springing from the anterior point

1900. J SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 619

of the internal lamina of the bone, and being directed forward.
It may also in some species pass on to fuse with the mesial edge
of the palatine to which it belongs by its free end. The postero-
external angle of a palatine is either truncated or shows various
degrees of being bluntly rounded.

16. The mesopterygoidal process of a pterygoid is not paddle-
shaped, but long and narrowly pointed.

17. Distinct orbito-sphenoids exist in the nestling.

18. Mandible very strong, typically V-shaped in pattern ; sides
deep ; symphysis varies in depth; ramal vacuity absent, or minute
if present, and never large. Posterior angular processes more or less
truncated ; internal angular processes large. In some species the
posterior third of the inferior ramal border somewhat tumefied and
roughened.

tg. Rudimentary cerato-hyals which early fuse together.

20. Uro-hyal absent.

21. Elongated thyro-hyal elements curl up over the cranium to
a greater or less extent. They may pass round the right orbit.
They may come to the posterior margin of the right external narial
aperture. They may hardly come up on the cranium at all.
Whenever they do the cranium is usually externally furrowed to
receive them.

22. Sclerotal plates of the eye commonly fuse completely together
around their external periphery and toward the centre.

23. ‘‘ Double ‘ infrastapedial’ and ossified stylohyal’’ (Parker).

24. Rings, semirings and other parts of the trochea ossify.

25. There are nineteen free vertebre between the skull and pel-
vis ; the vertebrarterial canals pierce the atlas and in some species
the axis; the atlantal cup is perforate; there are no parial para-
pophyses ; the carotid canal may or may not be entirely closed
in by bone ; where they are present the neural and hzmal spines
are usually very large. .There are three pairs of cervical ribs, five
pairs of dorsal ribs and one pair of sacral ribs. The hemapo-
physes of the latter do not reach the sternum. In some species
the first pair of costal ribs are very robust, as are the last pair
of cervical ones. There are five or usually six tail vertebre
(free), with an enormous pygostyle. Most of these parts are highly
pneumatic.

26. The sternum is two-notched on either side of the carina;
the manubrium is either slightly or very much bifurcated ; the costal

PROC. AMER. PHILOS. SOC. XXXIX. 164. 00. PRINTED DEC. 19, 1900.

-

620 SHUFELDT—OSTEOLOGY OF THE WOODPECKERS, [0ct. 5,

processes are long and pointed, and the keel is usually rather shal-
low, projecting forward and carried up under the manubrial process.
The sternum is usually quite completely pneumatic.

27. In the pelvis we find the ilia gradually diverging from the
sacral crista as they pass forward. Parial interdiapophysial fora-
mina are either very minute or entirely absent. Ischial notch on
the posterior margin of the bone long, rounded and _ shallow.
Acetabule large, and bases completely absorbed. Sides of pelvis
usually very deep. Postpubic siender, extends beyond ischium, the
foot of which latter may or may not fuse with it. Obturator space
large, and may or may not merge with the obturator foramen.
Three of the vertebree of the sacrum anteriorly throw out their
processes against the ventral iliac walls. The pleurapophysial and
transverse processes of the sacral vertebree opposite the acetabulze
are not modified and lengthened so as to act as braces at the points
in question. ‘The pelvis is commonly completely pneumatic.

28. Bones of the shoulder-girdle pneumatic, with sometimes the
exception of the os furcula. This latter is of the U-shaped pattern,
without hypocleidium ; large, flat, scapulo-coracoidal ends (which
originate from separate ossific centres in the young), and with lat-
erally compressed limbs. Posterior end of scapula more or less
modified to be bent or to curl outward, giving the bone a very
unique form. Coracoids long, not very stout, and with the ante-
rior end more or less laterally compressed.

29. An os humero-scapulare present at either shoulder-joint ;
functional, and has much the same shape as the ossicle has in the
Passeres.

30. Either the humerus alone, or it together with the long bones
of the antitrachium, may be pneumatic. A small sesamoid is found
at the elbow. Seven prominent osseous papillz occur, at nearly
equal distances apart, down the shaft of the ulna. The flat,
rounded process from the postero-upper third of the shaft of index
metacarpal is present. ‘The slender last metacarpal extends below
the one of index, and its free digital joint is /axger than either of
the other terminal phalanges. The proximal phalanx of index
digit has its posterior blade almost entirely aborted. There are
no claws.

31. Femur is always pneumatic, and so may be the tibio-tarsus
in some species. In the former, trochanter major does not rise
above the summit of the shaft; the excavation on the head is very -

1900.] SHUFELDT—OSTEOLOGY OF THE WOODPECKERS. 621

shallow. Shaft nearly straight; condyles rather small; popliteal
fossa and rotular channel very shallow. cz possess patelle.
Cnemial crest of tibio-tarsus elevated above summit of bone, with
pro- and ectocnemial ridges nearly or quite aborted. Condyles of
this bone very distinct, and intercondyloid valley very deep.
Bony bridgelet confines tendons in front. Fibula short and free ;
its lower spicula-like end being held well away from shaft of tibio~-
tarsus by the increasing height of fibular ridge on the latter bone.

Hypotarsus of tarso-metatarsus both grooved and perforated for
passage of tendons. An erect process occurs on the summit of
this bone of the leg. Its shaft is nearly straight, and its terminal
trochlez are specially modified to meet the podal requirements of
the picine zygodactyle foot.

Joints cf pes normal—two, three, four and five to first, second,
third and fourth toes respectively. Fourth toe permanently re-
versed, and first toe, together with its free metatarsal bone, may be
entirely absent (Prcoides). A large sesamoid articulates with a
special trochlea (intended for it) to the inner side of the fourth toe.
The osseous claws usually large, and the other phalangeal joints
more or less laterally compressed. ‘The tendons of the leg some-
times ossify to a certain degree, and minute sesamoids may occur
in certain tendons near the knee-joint.

BRIEF REMARKS ON THE PROBABLE POSITION OF THE PICI IN
THE SYSTEM, AND THEIR AFFINES.

Huxley in his ‘‘ Celeomorphz’’ comprehended only the Picde
and /nygide, and Parker long ago said that ‘‘ The ‘ Celeomorphe’
of Huxley form a most natural and well-defined group—a group
equal zoGlogically to the Pigeons or the Parrots. Evidently this
differentiation has taken place through the gradual extinction, dur-
ing long secular periods, of conjugational types more generalized
than those now extant.’’ In this much the present writer agrees
with the two great authorities we have just quoted.

To those at all familiar with the osteology of existing birds it
must be very evident that in this anatomical system, at least, the
Pict hold many characters in common with the Passeres—a fact
that will be evident when we come to treat of that group later on.
It is my opinion that it is to the great Passerine group that the Pzcz
are more nearly affined than to any other existing suborder of
birds. One good genus of linking forms, at least, is the South

622 MATHEWS-—SOUTH AUSTRALIAN ABORIGINES. [Oct. 5,

American Picumnus, as Parker has already shown, and Parker be-
lieved that the Prez ‘‘ have a Passerine foundation.”

I here venture to state that as our knowledge of the morphology
of Aves becomes more perfect the fact will be appreciated that the
Pici and the Passeres are divergent groups from a common stock
in time; and that the former have simply become highly special-
ized and modified in accordance with their mode of life and
habits. This common stock Fiirbringer has referred to as the
“* Pico-Passeriformes,’’ and the root-stock just prior to the diver-
gence the ‘‘ Pico-Passeres,’’ which latter he again subdivides into
his families. This also appears to be in keeping with our present
knowledge of the subject and what osteology of the groups in
question seems to indicate.

PHALLIC RITES AND INITIATION ‘CEREMONIES OF
THE SOUTH AUSTRALIAN ABORIGINES.

BY R. H. MATHEWS, L.S.
OF PARRAMATTA, NEW SOUTH WALES.

(Read October 5, 1900.)

This paper is intended as a continuation of the one I communi-
cated to this Society in January last on Devisions of the South
Australian Aborigines; and the map thereto appended, Plate VI,
represents the territory within which the rites now described are in
operation. Exigencies of space render it necessary to treat the
subject in the briefest possible manner, but it is hoped that each
part has been described with sufficient fullness to give a consecutive
account of the proceedings.

It may, perhaps, be as well to state that I was appointed by the
Government of South Australia a land surveyor in 1883 and a
Justice of the Peace in 1884, both of which positions I still hold,
by which means I have had opportunities which would not other-
wise have occurred of carrying on my inquiries respecting the cus-
toms of the aborigines in that colony.

CIRCUMCISION.

When a tribe has a few boys old enough to go through this
ordeal, messengers are dispatched by the head men to several of
the neighboring tribes to ascertain if they also have some youths

1900.] MATHEWS—SOUTH AUSTRALIAN ABORIGINES, 623

ready for the ceremony. One of the lads to be operated upon
whose body is painted with red ochre and grease, with down feathers
in his hair, is sent with each messenger. The age at which the
boys are circumcised varies from about eight to twelve years,
depending upon the growth and development of the subject and
other circumstances.

People occupying country a hundred or a hundred and fifty miles
distant respond to an invitation of this kind, and assemble at a
general camping ground which has been fixed upon by the initiator
of the proceedings. The men of each tribe approach the main
camp painted and in a meandering line, stamping their feet, and
are accorded a formal reception by the local mob, after which they
establish their quarters on the side nearest their own country. The
boy who accompanied the messenger is borne into the general en-
campment on the shoulders of one of the men, and the old chiefs
shout out the names of well-known localities in the district they
have come from. ‘They also mention flowering trees such as the
wattle, remarkable mountains and shady trees.

In a secluded place, a short distance from the main camp, a
space about twenty-five or thirty yards in diameter is cleared of all
grass and loose rubbish and partially surrounded by a fence of
boughs, where the circumcision of the novices will be carried out’
later on. These gatherings are generally arranged to take place
shortly after the new moon makes its appearance, so that there will
be moonlight during some part of every night for two or three
weeks; and where circumstances permit the summer time is chosen
—the season of the year in which game and vegetable products are
the most abundant being preferred.

Festive and preliminary ceremonials are carried on for some days
after the last mob has arrived, which I need not now occupy the
space to detail. While these performances are in progress the head-
men assemble at their private meeting place near the camp, and
determine the date on which the novices will be circumcised. As
the men of one tribe circumcise the youths belonging to another, as
soon as the date is announced the men of the several mobs present
pretend to quarrel with each other, on account of their boys being
compelled to submit to the rite. During the night considerable
sexual intercourse is indulged in, but this privilege is accorded only
to those persons who would be entitled to marry each other in con-

1 Proc. Roy. Soc. Victoria, NV. S., Vol. x, pp. 4 and 32.

624 MATHEWS—SOUTH AUSTRALIAN ABORIGINES. [Oct. 5,
formity with the tribal laws, and would not be extended to the
novices.

On the afternoon of the following day the youths to be operated
upon are conducted to the prepared place before referred to and
are kept there all night. When the men are taking the boys away,
the mothers and other female relatives of the latter dance around
and gently strike the men of their own phratry on the shoulder with
the open hand. For example, the Koolpirro women would strike
the Koolpirro men, and the Thinnawa women the Thinnawa men.
After this the women retire, and are not permitted to witness any of
the secret portions of the rites. The men who have the custody of
the novices are accompanied by young fellows who were circum-
cised and subincised at previous gatherings of recent date.

A cold night is usually selected for taking charge of the boys, and
they are kept at their camp without sleep or clothing. The men
shove and pull them about to keep them awake, under pretence of
watching for the approach of an enemy. At the first appearance
of daylight a short passage is formed by some men standing in a
row on one side and some on the other. During this time bull-
roarers are sounded in the bush close at hand. A novice is carried |
along the passage referred to and laid face upward on the backs of
several men who are clustered together, and his limbs are held fast.
An old man, selected from one of the visiting tribes, then pulls the
foreskin forward and cuts it off with a sharp flake of stone. The
foreskin is then held up in view of those standing around and its
appearance is hailed by acclamation. A new name is now con-
ferred upon the graduate by which he will in future be distinguished.
Those who have charge of him put dust or ashes on the wound to
stop the bleeding. Being sleepy, cold and weary from the effects
of the previous night’s proceedings, his body appears to be numb
and almost insensible to pain.

The same ritual is gone through in regard to every novice oper-
ated upon and a fresh circumcisor is appointed for each. These
men profess to undertake their duty with reluctance, and are rubbed
over with dust by their comrades before commencing the ceremony.
Different ways of disposing of the foreskin are practiced in different
parts of the territory treated of in this paper. In some districts it
is eaten by the man who cuts it off and his friends, the men stand-
ing around being responsible that this is done. In other cases it is
eaten by the elder brothers or brothers-in-law of the novice; in

1900.] MATHEWS—SOUTH AUSTRALIAN ABORIGINES. 625

others it is buried in sand or otherwise dealt with, according to
the custom of the tribe in whose country the rite is carried out.

When all the subjects have been operated upon, they are placed
standing beside their guardians, while two men sound bullroarers in
their presence. Some armed warriors now advance in a menacing
attitude and threaten the boys in fierce loud tones that if ever they
divulge any part of the secret ceremonies to the women or to the
uncircumcised, they will be punished with immediate death. About
noon human blood is sprinkled over the bodies of the novitiates, and
they are kept near the place where they were circumcised during
the remainder of the day.

All the ceremonies being now at an end, toward evening there is
another mock quarrel, and during the ensuing night the men of
each tribe lend their wives to the men of the other tribes present ;
this privilege, however, is restricted to individuals belonging to the
proper intermarrying divisions, and to men who have passed the
prescribed initiatory rites. The following morning all the visiting
tribes disperse and start on their return journey to their own hunt-
ing grounds, taking their respective novices with them.

Each tribe takes charge of its own novices, who are kept under
the control of their sponsors after their return to their own country.
They are taken away to a camp in the bush until their wounds are
healed, during which period they must not be seen by women, and
are restricted to certain kinds of food, in accordance with the direc-
tions of the old men. Several fires are now lighted to the windward
of the graduates, so that they may be enveloped in a dense smoke,
after which they are brought back by their guardians to a place pre-
viously arranged, where they are met by their mothers and female
relatives, and are then taken to a camp near the single men’s
quarters. At the next meeting of the tribes for initiation purposes
these young men will be permitted to be present at all the secret
ceremonies which may take place.

C. Provis reports that ‘‘among the natives of Fowler’s Bay,
South Australia, after the boys were circumcised their hair was
daubed with grease and clay and rolled into several divisions like
rat’s tails. A rounded pad composed of emu feathers, grease, clay
and human excrement was then placed on top of the head and all
the hair brought up over it and securely bound in its place.’”*

1 Folklore, Manners, etc., of South Australian Aborigines (Adelaide, 1879),
pp- 99, 100,

626 MATHEWS—SOUTH AUSTRALIAN ABORIGINES. [Oct. 5,

SUBINCISION.

Splitting the lower side of the male sexual organ is denoted by a
different word in each of the several communities among whom it
is practiced. It will therefore prevent any confusion as to what is
meant if we disregard the native nomenclature and substitute the
English term Swdznciston, a name which has already been used by
some writers and clearly indicates the character of the rite.

Some time after the wound caused by the circumcision has healed,
the tribes are again brought together and the ceremony of subin-
cision performed. The length of time between the two operations.
varies among different tribes, and is also subject to the convenience
of mustering the people and other circumstances. The interval
may be only a few months, or it may be a year or two, or perhaps
several years. The age at which it is performed is entirely in the
discretion of the old chiefs, and fluctuates from about fourteen to.
eighteen years.

All the preparatory arrangements are substantially the same as
already stated in dealing with ‘‘ circumcision ;’’ and the proponents
for initiation must be young fellows who have already submitted to.
that rite at previous gatherings. On the evening preceding the day
fixed for the ceremony, the novices are taken to the appointed
place near the camp, where they remain all night without clothing
or rest of any kind. No youth who has not been subincised, nor
any female, is allowed to see any part of this ceremony.

Early in the morning a novice is caught and thrown face upward
on the backs of a heap of men, similar to that described in the cir-
cumcision ceremony, and held in position, a bullroarer being
sounded by one of the men within hearing, but out of sight. In
some cases a man sits astride his chest, so as to render movement of
the body impossible. One of the assistants then takes hold of the
youth’s penis in his fingers and stretches it full length upward
along the abdomen. He uses both hands in catching the glans—
a hand on each side—and holds it in such a position as to expose
the meatus and the urethral canal as fully as possible. The oper-
ator, who is chosen from among the strange tribes present, then
with a sharp flint cuts the urethra open, extending the incision from
the meatus toward the scrotum about two inches, and in some
cases almost back to the scrotal pouch. In other districts the urethra
is split from near the scrotum to within about an inch of the glans,

iF

1900.] MATHEWS—SOUTH AUSTRALIAN ABORIGINES. 627

but leaving the head of the penis and the meatus uninjured. In
the latter case the length of the cleft is from one to two inches or
more.

The graduate is then released, and a piece of soft bark or a
bundle of fur or down, greased with animal fat, is laid in the incis-
ion to keep it open. Wet clay or ashes moistened with a man’s
urine are also put in the wound to assist the healing. The organ is
then bound round with string manufactured by the natives from the
bark of a shrub or small tree bearing a yellow flower which grows
in the sand hills.

As each youth passes through the ordeal he is placed standing on
one side of the cleared space, and when the ceremony is concluded
they are all congratulated by the men present, and the caution in
regard to keeping the secret is again repeated. The young men
are then taken away by their guardians into the bush, and when
their wounds are healed they are brought back to a prepared spot in
the vicinity of the camp and presented to the people of their tribe.
This is done with certain formalities which need not now be entered
upon, after which they are invested with the belt, the kilt, and
other articles comprising the simple dress of an Australian savage.

During the ceremony of subincision—or at that of circumcision
if the latter only is practiced—one or two men are killed and eaten
by the visitors, who also drink the blood. The tribe in whose ter-
ritory the circumcision or subincision has been carried out—these
being the people who summoned their neighbors to attend the cere-
monies—have to provide the person or persons thus sacrificed from ,
among themselves. I also have evidence of this cannibalistic rite
among the tribes occupying the eastern portion of Australia, where
the initiation ceremonies take a different form."

The Rev. C. W. Schiirmann was the first author to accurately
describe the mutilatien of the penis among Australian tribes.” In
1846, when speaking of the Port Lincoln natives, South Australia, .
he states: ‘‘It consists of a cut from the orifice of the penis along
its lower side down to the scrotum, thus laying the passage open in
its whole length.’’ In 1845, Mr. E. J. Eyre also reports having
observed this peculiar custom in the same part of the country.* As

1Proc, AMER. PHILOS. Soc., Vol. xxxvii, p. 66.
Fourn, Roy. Soc. N. S. Wales, Vol, xxxii, p. 250.
1 Aboriginal Tribes of Port Lincoln, South Australia (Adelaide, 1846)

ely Lge
8 Yourns. Expeds, Discov, Central Aus. (1845), Vol. ii, p. 332.

628 MATHEWS—SOUTH AUSTRALIAN ABORIGINES. [Oct. 5,

regards slitting a portion only of the urethral canal and leaving the
head of the penis intact, a police trooper named Richards, in speak-
ing of the natives of Fowler’s Bay and Davenport Creek, South
Australia, says: ‘‘ An incision is made in the penis from near the
testes to nearly the end.’’* C. Provis, a corporal in the police
force, referring to the people near the same district, says: ‘* An in-
cision about half an inch long is made in the urethra between the
scrotum and glans penis.’”®

Whether the incision is made from the meatus or there is only
a perforation in the middle of the urethral canal in the way de-
scribed, the subjects always afterward pass their water through the
artificial opening. The men partially squat down during micturi-
tion and hold the penis horizontal with one hand. After the
wound heals the urethra appears as a mere groove which becomes
callous; and in those-cases where the glans is split, the penis dur-
ing erection becomes flatter and broader at the extremity than in
its natural condition.

There is a widely spread opinion among laymen, and a few medical
men have been found concurring in the same view, that the object
of this rite is to prevent impregnation. I have made searching
personal inquiries over an immense extent of country in Queens-
land, South Australia and Western Australia, and have collected in-
contestible evidence that men who have been operated upon in this
way can be the fathers of families. Another equally erroneous
popular belief is that some of the men are left intact for the purpose
of propagating the race. Having carefully investigated this matter
I am quite satisfied that in any case where such men have been
observed they have been merely visitors from other tribes where the
custom was not in force.

SCARRING THE Bopy.

Raising cicatrices by means of cutting on the back and chest is a
custom of wide prevalence among the Australian aborigines, but
more importance is attached to the ceremony in some districts than
in others. From Cooper’s Creek to the Great Australian Bight the
rite may be briefly described as follows :

The subject is kept awake without food or clothing during a cold
night, as in the two last described ceremonies, and in the morning,

1 Folklore, Manners, etc., S. A. Aborigines (1879), p. 103.
* [bid., p. 99.

1900.] MATHEWS-—SOUTH AUSTRALIAN ABORIGINES. 629

as soon as it is clear, blood is sprinkled over his body from the arms
of some of the initiated and he is required to drink a small quantity,
wnich must be that of a man older and stronger than himself. He
is then laid on a heap of green bushes piled up on the ground to
serve as a platform, where a man who is not a relative cuts certain
lines on the back of his shoulders, on his chest and on the arms
with a sharp flake of stone similar to that used in circumcision.
The position and extent of the scarring is regulated by the custom
of the tribe to which the novitiate belongs. During these proceed-
ings the men standing around make a great noise. After this cut-
ting, which is all done on the same day, a coat of ground charcoal
mixed with grease is applied to his body, and he is kept at that
place for two or three days.

He’ is then taken away into the scrubs by some initiated men
who act as his guardians and provide him with food. He is not
permitted to speak above a whisper, and firesticks are occasionally
held close to the wounds to make them open and protrude as much
as possible during the process of healing, in order to leave raised
scars. Every evening about sundown he is freshly painted with a
mixture of charcoal and grease on the arms, chest and face, the
mixture being applied freely to the gashes in the flesh.

In the course of about six weeks preparations are made for
returning the graduate to the tribe. He is now at liberty to go in
quest of such articles of food as game, honey, roots and so on.
Next he is painted with red ochre and grease on the lower parts of
his body and on the hands and arms as far as the elbows. He is
then taken to a spot near the main camp, where he is met and wel-
comed by the old men. A feast then takes place at which he con-
tributes all the provisions he may have succeeded in obtaining, and
gives presents to the men who participated in the ceremony of
scarring his body.

As already stated, the youths are taken away from the women
after they are circumcised, again when they are subincised,
and again after their bodies are scarred. During these long so-
journs in the bush with the old men they are permitted to see and
listen to certain dances and songs, the secret lore of their fore-
fathers and the traditional customs of the tribe. A mystic lan-
guage or vocabulary is also inculcated, which is known only to
those who have passed through the prescribed course of instruction.
Every man and woman, all the animals, plants and surrounding

630 MATHEWS—SOUTH AUSTRALIAN ABORIGINES. [Oct. 5,

objects, as well as the principal places in their hunting grounds,
have a secret name by which they are spoken of among the initi-
ated, in addition to the general nomenclature with which the
women and children are familiar. After the novitiates have passed
through the final stages of the inaugural rites, the instruction thus
briefly outlined is continued for many years at the single men’s
camp, at which the catechumens have now the right to be present.

In the portion of South Australia where subincision is not prac-
ticed the scarring takes place some time after the boys recover from
the effects of circumcision. And in the districts where depilation
is the initiatory rite, as in the Narrinyeri and adjacent tribes, the
scarring succeeds that ceremony.

It not infrequently happens that after a batch of novices are cir-
cumcised, as described in earlier pages, and before the tribes dis-
perse, such of the young men present who have passed through
that ordeal at a previous meeting, and have attained a sufficient
age, are seized by direction of the head-men and the rite of sub-
incision performed upon them. This is done to save the delay and
trouble of mustering the people again for the latter ceremony, in
cases where the graduates are few in number.

It may be stated that the women, girls and little boys are forever
afterward forbidden to go near any of the localities where the rites of
circumcision, subincision or scarring have been carried out, these
spots being rigorously tabooed to the uninitiated. This taboo ex-
tends to the initiated of a lower degree ; for example, a circum-
cised youth could not enter upon a place where subincision had
been performed, and so on.

Certain restrictions as to the food to be eaten by the novices at
different periods of their course of instruction have to be com-
plied with, in accordance with ancient custom, under the super-
vision of the old men.

INITIATION OF WOMEN.

It may be stated generally that among all Australian tribes every
girl on attaining puberty is violated, either in a natural way or by
artificial means, before she is permitted to have a husband ; this is
a tribal law from which there is no escape. Among the people
treated of in this paper it is found that certain mutilations are per-
formed upon the young women by which the vaginal orifice is per-
manently enlarged.

1900. ] MATHEWS—SOUTH AUSTRALIAN ABORIGINES. 631

When one or more girls have reached the requisite age, which
is determined by the first menstrual flux and the development of
the breasts, a meeting of the tribe takes place and some festivities
are indulged in. The girls are taken by some old women a short
distance from the camp, where they are met by men who take
charge of them and conduct them to a place where everything is
in readiness for the purpose. ‘These men are /Voapa to the nov-
ices—that is, they are men whom they could marry in accordance
with the tribal laws. Here a girl is caught and placed lying face
upward on the ground, and her hands and feet are held by the
men present. An old man, appointed for this duty, then inserts
two or three of his fingers, bound round with human hair, into the
vaginal orifice for the purpose of stretching it. Sometimes a
smooth piece of wood or stone, of the requisite thickness and
length, is used to accomplish the same result. In either case the
operation is continued until bleeding takes place. In other dis-
tricts the lower part of the vaginal wall is lacerated with a sharp
stone, the incision extending more or less into the perineum.
Forcing a large body into the vagina in any of the ways just de-
scribed causes a rupture of the fourchette, similar to that which
usually takes place in the first parturition; and cutting with an
edged stone effects the same purpose. Bleeding from the wound is
arrested by plugging fur or birds’ down into the passage. Shortly
afterward all the men present, one after the other, avail themselves
of their right of prelibation, or, as it is termed by the French
anthropologists, drat du culage.

These mutilations, like those upon the men already referred to,
are commonly supposed by Europeans to be done for the purpose
of rendering the women incapable of bearing children, but I have
gathered abundant evidence that there is no foundation whatever
for this assumption.

DEPILATION.

This ceremony, the principal feature of which is plucking the
hair from the bodies of the graduates, is practiced in the Narrin-
yeri and Booandik nations,’ occupying the southeast corner of
South Australia. As it is substantially the same as the Kuranda
ceremony of some of the Barkunjee tribes, described in a paper
contributed by me to the Royal Society of New South Wales in

1 The American Anthropologist, Vol. xi, pp. 331-343, Plate V.

652 MATHEWS—SOUTH AUSTRALIAN ABORIGINES. [Oct. 5,

1898, it will be sufficient to give the following 7ésumé from my
previous work.’

The preliminaries connected with inviting the neighboring
tribes and their assemblage at an appointed meeting place are
almost identical with the practice of other districts. The time of
life at which a youth is considered ready for the ordeal is deter-
mined by the first appearance of hair on the pubes and chin. On
the morning of the day settled upon for the principal ceremony all
the people are astir at daylight. The boys to be operated upon,
who have been gathered out of the camp the previous night, are
now painted all over with red ochre, their hair being combed and
decorated with the white down of birds. When all is ready the
guardians take charge of the novices, and a number of men armed
with spears surround them in a circle, and all of them march away.
The men make a great noise, shouting and beating their weapons
together, but the boys remain silent, with their heads bowed
toward their breasts.

The mothers of the novices and other women present make a
pretence of resistance by throwing pieces of sticks over the heads
of the men, but do not attempt to followthem. The men and
graduates then proceed to a secluded locality previously agreed
upon, perhaps some miles distant, where a camp is formed, and the
novices placed lying down on a layer of leaves upon the ground,
and are covered over with cloaks or grass, their guardians remain-
ing with them. All the other men make their camp in close prox-
imity. Between the quarters of the boys and those of the men a
space is cleared of all sticks and grass, and a fire lighted close by
it. In the evening, after the youths have partaken of their allow-
ance of food, they are placed, sitting in a row, near this prepared
spot, and the men go through various pantomimic performances,
consisting of hunting and other scenes, imitating the animals
which are the totems of those present, and certain obscene gesti-
culations which are usually practiced on similar occasions. Dif-
ferent burlesques take place every evening, and also sometimes
during the day if the men are not otherwise occupied.

A week or more may be spent at these camping places in the
bush, the time being regulated by the weather and other considera-
tions. When conducting the novices from one camp to another
they are obliged to hold a bunch of green boughs in each hand.

1 Journ. Roy. Soc, N. S. Wales, Vol. xxxii, pp. 243-245, Plate XII,

1900.] MATHEWS—SOUTH AUSTRALIAN ABORIGINES. 633

During the afternoon of one or more of the days of this period the
novitiates are carried a short distance from the camp, and placed
lying down on bushes thickly strewn on the ground, and rugs
spread over them. A man then sits down beside each novice, and
commences pulling out the hair from the pubes, under the arms
and the incipient beard ; when one man gets tired he is replaced
by another. Beeswax or gum is used upon the ends of the fingers
to facilitate catching the hair, which is pulled out singly. The
men of the novitiates’ own tribe do not take part in the hair-
plucking operation, this duty devolving upon the men of the dif-
ferent strange tribes present. The pluckers must be men who
have been initiated in the same way at previous gatherings, and are
the potential brothers-in-law of the novices who have been
assigned to them. Some of the head-men of each tribe sit on the
ground near by, directing the proceedings, and a bullroarer is
sounded in the vicinity. The hair pulled out of the bodies of
each youth is kept carefully by itself, and is given into the charge
of one of his relatives, in the same way that the extracted tooth is
disposed of in other districts. When the plucking of the hair has
been completed the novices are raised to their feet by their guar-
dians and other men, amid the shouts of all present. Each
graduate is then painted and invested with the usual regalia of a
man of the tribe.

The novices are then cautioned against divulging the details of
what they have passed through to any person except the initiated.
They are now taken to a place where the women have formed a
new camp, where they are met by their mothers and other female
relations, who light fires to the windward of them, enveloping
them all in a dense smoke, caused by placing green grass, bushes
or weeds on the burning wood. The graduates have to pass
through this ordeal of depilation at not less than two or three
different meetings of the tribes for that purpose before they can
be admitted to full membership and be permitted to take a wife.

While the novitiates are going through their course of initiation
in the bush with the old men they are shown the sacred bullroarer,
and certain crystalline quartz stones which are supposed to protect,
or in some way to confer magical powers upon, their possessor.

In the Narrinyeri, and in the Adjadurah nation adjoining them
on the west, marriages are regulated by the old men in accordance
with fixed rules. The sons and daughters of particular women are

634 MATHEWS—SOUTH AUSYRALIAN ABORIGINES. [Oct. 5,

allotted as husbands and wives respectively to the sons and daugh-
ters of certain other women, these matters being arranged during
the infancy of the parties to the marriage, and in some cases before
they are born. In order that every man and woman may be sure
of obtaining a conjugal mate, several persons are appointed to each
individual of either sex, the same persons being often eligible to
several different people. When they all grow up to manhood and
womanhood each man claims the woman who has been assigned to
him, or, if she has died, he takes one of the other women who
were appointed to meet such a contingency. In like manner, if
the allotted husband of a young woman loses his life, she is taken
by one of the other men provided for the purpose.

MISCELLANEOUS PHALLIC RITES.

Besides the inaugural rites herein described, I am acquainted with
other forms of initiation ceremonies in different parts of Australia,
in all of which great prominence is given to the sexual organs, In
aboriginal carvings of human beings on rocks and on trees, in
raised or carved figures on the ground, and in paintings on the
walls of caves, the sexual organs are conspicuously displayed.
There is much in these rites and customs suggestive of the exist-
ence of some form of phallic worship at an earlier period, if not
still actually observed, among the Australian aborigines.

In the great gatherings for the Bora ceremonies of the Kamilaroi
community a gigantic horizontal image of Byama, a mythologic
ancestor, is formed by heaping up loose earth upon the surface of
the ground.' He is represented lying on his back, with a piece of
wood cut into a representation of the human penis projecting from
his abdomen. This organ is disproportionately large compared
with the dimensions of the body. The initiated men assemble
daily on the Bora ground and dance round this image, uttering
guttural incantations and making remarks referring to the great size
of the penis, and while so engaged they catch hold of their own
genital organs in both hands. Similar representations have been
observed by me among the Wiradjuri, Koombanggary and several
other tribes.

Not far from the image of Byama is the earthen representation
of his wife, also of colossal proportions and lying on her back,

1 Proc, Roy. Soc. Victoria, Vol. ix, N.S., p. 144.

1900. ] MATHEWS—SOUTH AUSTRALIAN ABORIGINES. 635

with the pudenda prominently exposed, around whom the men
execute many libidinous dances.

On a Bora ground at Gundabloui, Moonie river, in addition to
Byama and his female consort, there were the images of a man
and woman lying together behind a tree‘ in the act of copulating.
Similar shouting and dancing to that just described was indulged
in around these figures.

Bora grounds always consist of two circles, defined by a low
bank of loose earth, with a pathway connecting them, called
thoonburnga, a word derived from ¢hoon, the Kamilaroi name for
the penis. The initiated men in going from one circle to the
other walk along this track, which is supposed to represent the
penis of Dharramoolan, a mystic evil being who is said to preside
over the Bora ceremonies.

When the men assemble at the Bora circle and proclaim their
totems, as described in my previous memoirs,’ they also shout out
the name of the penis. Certain localities in their territory are
called by names made up from those of the genital organs of both
sexes.*- In many tribes the sacred bullroarer is rubbed upon the
penis of every novitiate present at the inaugural rites.

During the secret portions of the ceremonies, the novitiates are
placed sitting on bushes on the ground, with their hands clutching
their genitals. The men place themselves in many obscene atti-
tudes, in some cases fastening a piece of bark to the penis to give
it the appearance of being of great length.* At other times they
smear that organ with blood to make the boys believe that they
have a menstrual flow, like the women. In some instances the men
rub their penis on the food given to the novices; in others, they
stand in front of the boys, displaying their genitalia, and invite
them to take particular notice.*

In the pantomimic performances in the bush, in which the
totems are represented, a man is hidden in a hollow place in the
surface of the ground and covered over with leaves. When the
men of the Kooringal presently turn him out of his lair—pretend-
ing to the novices that they think it is the nest of a gigantic bandi-

1 Gourn. Anthrop. /nst., London, Vol. xxiv, p. 416.

2 Proc. Roy. Soc. Victoria, Vol, x, N.5S., p. 4.

% American Anthropologist, Washington, Vol. ii, N. S., p. 141.
* Tbid,, Vol. ix, N..S., p. 166.

5 Fourn. Roy. Geog. Soc. Aust., Queensland Bch., Vol, xv.

PROC AMER PHILOS. SOC. XXxXIx. 164. PP. PRINTED JAN. 19, 1901.

636 MATHEWS—SOUTH AUSTRALIAN ABORIGINES. [Oct. 5,

coot—they roll him over on his back and examine whether he is
a buck or a doe.

Among all the aboriginal tribes with which I am acquainted mas-
turbation and sodomy are practiced on certain occasions.’ It is
more general in the Kimberley district and Northern Territory
than elsewhere reached by my inquiries, but I have traced them
in the inaugural rites and ceremonial corrobories of the natives in
all the Australian colonies.

In previous articles I have referred to the enactment of an ob-
scene and disgusting tableau, called Lodbadlaz.* In several rehear-
sals of this tableau which I have witnessed there-was no actual
sodomy, but some of the old head-men present told me the vice
was perpetrated in former times during this portion of the Bora
ceremonies.

Mr. R. B. Smyth narrates a legend of the Victorian tribes which
credits Boonjil, a traditionary ancestral chief, with micturating
continually for several days upon the earth, the ample store of
urine flowing away and forming the great sea.°

In the Dieyerie tribe the men obtained blood by wounding the
penis for the purpose of fixing the down of birds upon their bodies
at certain ceremonial dances. Mr. S. Gason* states that when the
people of that tribe wish to make the wild fowl lay an abundant
supply of eggs some of the able-bodied men sit in a circle, each
having a bone from the leg of a kangaroo, sharpened at one end,
with which they pierce the scrotum several times. .... They
are generally laid up for two or three weeks afterward and are
unable to walk.

Dr. E. C. Stirling, in describing the customs of some tribes in
tne Northern Territory, states that in some cases of severe illness
the sick man is anointed all over with blood obtained by piercing
the labia minora. The patient is held by several women while she,
whose blood is being used, rubs it all over his body, after which a
coating of grease is used. A sick woman may be similarly an-
ointed with blood taken from the male urethra.°

1 Proc. AMER. PHILOs. Soc., Vol. xxxix, p. 125.

2 Fourn. Anthrop. lnst., London, Vol. xxv, pp. 333, 334-

3 Aborigines of Victoria (Melbourne, 1878), Vol. i, p. 429.

4 The Dieyerie Tribe of Australian Aborigines (Adelaide, 1874), p. 25.
5 Horn Expedition Central Australia, Part iv, p. 182.

1900.] MATHEWS—SOUTH AUSTRALIAN ABORIGINES. 637

Both male and female urine is applied externally in several kinds
of sickness, and is believed to be an excellent remedy. At the
initiation ceremonies of many tribes the novices are made to drink
the urine of the men, and also to eat human excrement.?

In several districts, when a boy reaches seven or eight years of
age or upward and dies, his mother must submit to the plucking
out of the hair of the pubes by the people of her own tribe.

Although the rites and customs described in the foregoing pages
may appear very horrible to us, yet we should remember that the
savage has been brought up amid similar scenes from his childhood,
which causes him to view them in a different light from ours. To
him they have all the sanctity and force of divine law; and any
neglect on his part to conform to long-established custom would
bring down upon him the hostility of the community, and subject
him to all the retributive terrors of superstition.

REFERENCE TO THE Map.

The map to which these references apply is Plate VI, accom-
panying my paper on the ‘‘ Divisions of the South Australian Ab-
origines,’’ published in No. 161 of the present volume of the
PROCEEDINGS of this Society, pp. 78-93.

The region within which circumcision is performed, and also
that in which the additional rite of subincision is practiced, are
plainly delineated upon the map in question and fully explained in
_the letter-press at p. 93.

The map also shows the Narrinyeri nation, V, in which the rite
of depilation or hair-plucking is in operation, which also extends
into the part of the Booandik nation, VI, which is contiguous on
the south.

Scarring the body is in vogue over the entire territory delineated
on the map, but is carried out with greater ceremonial in some
parts than in others,

Initiation of women is also practiced over all the country repre-
sented by the map, but the more rigorous forms of it, detailed in
the letter-press, belong to the immense districts west and north of
Port Augusta, reaching to the boundary of South Australia in both
these directions. |

In the northern part of the Kokatha nation, among the Hillary,

1 American Anthropologist, Washington, Vol. ix, p. 339.

638 MINUTES. . [Oct. 19,

Kooyeeunna, Dieyerie, Ahminie, Wonkaoora, Wonkamudla, Yow-
erawarrika and Yanderawantha, the custom of extracting one or
two of the front teeth is carried out, females being included in
some of the tribes mentioned. In the remainder of the territory
shown on the map the teeth are not interfered with.

Stated Meeting, October 19, 1900.
Vice-President SELLERS in the Chair.

Present, 20 members.

The death of Sir Henry W. Acland, Bart., K.C.B., at
Oxford, England, on October 16, 1900, was announced.

Dr. J. Cheston Morris read an obituary notice of Dr. Henry
Hartshorne.

The following papers were presented for the Transactions :

By Prof. C. L. Doolittle, on ‘‘ Results of Observations
Made at the Sayre Observatory, South Bethlehem, with the
Zenith Telescope, from January 19, 1894, to August 19,
18052"

By Mr. O. P. Hay, on ‘‘ The Chronological Distribution of
the Elasmobranchs.”’

Mr. Rosengarten corrected an error in his paper, read before
the Society April 6, 1900, entitled ‘‘ American History from
German Archives,’’ and printed in Vol. XXXIX, No. 162, p.
129, ete., of its PROCEEDINGS, as follows :

It is there stated that ‘‘ the Count of Zwei-Briicken (Deux-Ponts)
published his American Campaigns in Paris in 1786, and his pamph-
let was translated and reprinted by Dr. Green, of the Massachu-
setts Historical Society.’’ The blunder of thus taking away from Dr.
Green the credit due to him for the discovery and publication of
the Journal of Deux-Ponts is inexcusable. Dr. Green published
it in Boston in 1868, and in the Introduction tells the whole story :
in June, 1867, he found the MS. Journal on a second-hand book-

1900.] MINUTES. 639

stall in Paris, and he printed it, both in the original French and
in an English translation, for the first time in Boston in 1868.

His notes, etc., give it a special interest and make it a valuable
addition to contemporary records of our Revolutionary history.

To overlook this great merit and assign the printing of the Jour-
nal of Deux-Ponts to an unknown publication in Paris in 1781 is
an inexcusable blunder. How it occurred it is difficult to explain—
whether it was an error in the transcription of the real date of pub-
lication, 1868, and of the place as well as the time of printing, or a
mistake for some other pamphlet, but it is now a simple duty to cor-
rect the error and to emphasize the fact that we owe the preservation
of the Deux-Ponts Journal and its publication to Dr. Green and to
him alone. It was not printed in Paris in 1786, nor anywhere at
any time, until Dr. Green found it, rescued it and printed it in
Boston in 1868, with a wealth of valuable material in the notes,
etc., that could be gathered only by a ripe scholar thoroughly mas-
‘ter of all the history of the pertod covered by the Deux-Ponts Jour-
nal. It is only one of a long series of valuable historical contribu-
tions made by Dr. Green, for both as a student and scholar and as
the Secretary of the Massachusetts Historical Society, he has been
one of the most intelligent and industrious collectors of original
material for American history. ‘To take away from such a man the
credit due him for the preservation and publication of the Deux-
Ponts Journal by a careless misprint and misstatement is a blunder
that calls for an apology from the person who perpetrated the error ;
he therefore asks leave to print and put on record in the PROCEED-
INGS OF THE AMERICAN PHILOSOPHICAL SOCIETY, where his mistake
was put in print, this correction. Dr. Green is entitled to all the
credit for finding, editing and printing the Deux-Ponts Journal in
Boston in 1868.

The Society was adjourned by the presiding officer.

640 MINUTES. [Nov. 16,

Stated Meeting, November 2, 1900.
Vice-President WIsTAR in the Chair.
Present, 28 members.

Dr. Wharton Sinkler, a newly elected member, was pre-
sented to the Chair, and took his seat in the Society.

The Librarian laid upon the table a list of the donations.
to the Library, and thanks were ordered therefor.

The decease of the following members was announced :

Dr. Edward R. Squibb, at Brooklyn, on October 25, aged
81 years.

Rt. Hon. Friedrich Max-Miiller, at Oxford, England, on
October 28. |

Dr. A. E. Kennelly made some remarks on ‘‘ The Hlectrical
Features and Novelties of the Paris Exposition,” and Mr. Carl
Herring spoke on the same subject.

Prof. Edwin Grant Conklin was elected a Councillor to fill
the unexpired term of the late Dr. J. M. DaCosta.

The Society was adjourned by the presiding officer.

Stated Meeting, November 16, 1900.
Vice-President SELLERS in the Chair.
Present, 23 members.

Prof. E. W. Brown and Mr. Percival Lowell, newly elected
members, were presented to the Chair and took their seats in
the Society.

Letters were read from Hon. George Gray, of Wilmington,
Del., accepting membership in the Society, and from Prof.
K. G. Conklin accepting election as a Councillor.

The Librarian laid upon the table the list of donations to.
the Library, and thanks were ordered therefor.

Mr. Percival Lowell presented a paper upon ‘‘ Evidence
from Mars Upon the Cause of the Glacial Period,’ which
was discussed by Profs. Doolittle, Snyder and Brown and
Vice-President Sellers.

The Society was adjourned by the presiding officer.

1900.1, LOWELL—MARS ON GLACIAL EPOCIIS. 641

MARS ON GLACIAL EPOCHS.

BY PERCiVAL LOWELL.
(Read November 16, 1900.)

1. Croll’s ingenious theory that eccentricity of orbit combined
with axial tilt produced our glacial periods challenges comparison
outside the earth. And an example lies ready to its hand, in the
planet Mars. For Mars not only presents appearances singularly
suggestive of our polar snows, but stands so conditioned in eccen-
tricity and tilt as to promise a criterion of a crucial character.

In consequence such appeal was very soon made and with the
result of a seemingly complete denial. Although admirably cir-
cumstanced to exemplify the theory Mars did nothing of the sort.
No marked preponderance of snow distinguished the hemisphere
which glaciation should have covered. The ill-conditioned one
showed as conclusive a snow-sheet as its fellow. Eccentricity
apparently was powerless to effect vitally deposition about the pole.

This was more than a quarter of a century ago, and the last quar-
ter of a century has revolutionized our ideas of the physical condi-
tion of Mars. Especially in the matter of water, we now have
knowledge which has particular bearing upon the subject. We no
longer believe Mars to be acounterpart of the earth. Among
much that is analogous we see much that is the reverse ; and with
the flight of the similar the cogency of the argument departs. In
the light of this change it becomes advisable to reopen the case ;
and I therefore make bold to introduce it to the notice of the
Society.

2. Round about those parts of Mars which the motion of the
markings point to as the planet’s poles may be seen two roughly
circular white patches, sharply contrasted with the other features of
the disk.. Each is fairly regular in shape, but changes in size ac-
cording to what more particular inquiry shows to be the changing
seasons of the planet’s year. When the one patch is large the
other is small ; and as the one waxes the other wanes, the mass of
white shifting from pole to pole with a certain chronometic cadence.
Both appearances and behavior commended them to Sir William
Herschel for polar snows, and such they have generally been con-
sidered since. Indeed the more minute our study of them, the
more they seem to justify the imputation.

642 LOWELL—MARS ON GLACIAL EPOCHS. [Nov. 16,

3. The obvious simplicity of this explanation, however, has
tempted some ingenious minds to see in the exhibit not frozen
water, but frozen carbonic acid gas. For under great stress of
cold, carbonic acid not only takes refuge in the solid form, but does
so with all the delicate purity of snow. ‘The transformation de-
mands, indeed, a very low temperature and to this end was the idea
invented ; inasmuch as the distance of Mars from the sun seems
hard to reconcile with a mean temperature comparable to that of
our earth. Now as it is of the first importance to the inquiry
before us to be as certain as possible whether it be really snow or
ice that we gaze upon over there in space, I make no circumstance
of confronting at once this hypothesis.

Plausible as the suggestion of carbonic acid sounds, examination
of the fitness of the substance for the place discloses one fatal
defect. Carbonic acid and water agree well enough in their solid
state and are not incompatible in their gaseous one, both being
then invisible; but they are not at all at one upon their intermedi-
ate condition. As fluids their behavior is quite diverse, and Mars
chances to exhibit the very effect which this diversity should cause.
It is a peculiarity of carbonic acid that it is not at home asa
liquid, passing, except under great pressure, at all temperatures
practically instantaneously from the solid into the gaseous state.
Under one atmosphere or less the curves representing the melting
and the evaporation points of this substance lie almost side by side.
And they do this as conclusively at very low temperatures as at
relatively high ones. Carbonic acid insists on volatilizing. Thus
no place is left in the economy of its behavior for a permanent
liquid, whatever the degree of cold.

Now, one of the most striking features of the polar caps is the
unmistakable exhibit of such a liquid. Seventy years ago, Beer
and Madler noticed a dark band surrounding the northern cap, but.
the full significance of the observation seems to have escaped
deduction. Since then several observers have noted this band on
one or other of the caps; and W. H. Pickering, in 1892, added a
most significant detail, a large bay connected with the one about
the southern cap. Farther study has brought out still more detail
of the sort. Under this scrutiny the character of the phenomenon
appears in so clear a light as to preclude mistaking its import.

The state of things seems to be this: So soon as either cap begins
to shrink, there proceeds to surround it a blue belt. The belt in-

1900.] LOWELL—MARS ON GLACIAL EPOCHS. 643

creases with the increased rate of diminution of the cap and de-
creases as that diminution falls off; meanwhile, it keeps pace with
the cap, shrinking with it so as always to border its outer edge.

It is difficult to conceive how anything could more conclusively
proclaim itself the liquid product of the disintegration of the cap.
This badge of blue ribbon seems to mark the substance as H,O.

4. Against this pronounced appearance and decisive conduct on
the part of the cap, what difficulties have we to oppose to its ac-
ceptance for what it purports to be? ‘Two such present themselves, °
both on the score of general temperature: first, the less heat re-
ceived by the planet due to its greater distance from the sun, a heat
only the moiety of what falls to our lot ; secondly, a thinner air
at the surface than that we know, perhaps in amount but a seventh
that of our own. Are either of these objections fatal? Upon
scrutiny I think we shall see that neither of them necessarily is so,
on account of certain counterbalancing facts. °

5. In the first place, not all the heat intercepted by the earth
reaches its surface which might do so, quite apart from what is
necessarily reflected. From the commotional character of our sky,
it is safe to say that the earth fails of half the heat it would re-
ceive were that sky perfectly clear. What with storms, passing
clouds and haze, fully more bar than passage is offered to the rays.
Now the Martian sky is clear, perpetually so. All the heat a pure
sky permits of passage falls unhindered upon the soil. Its frugal
atmosphere wastes nothing. ‘Thus receptivity makes up what dis-
tance. denies.

6. As regards the second point, it used to be thought that air,
pure and simple,.furnished the earth with the cloak that kept out
the cold of space. But it is no longer considered thus effective.
Tyndall made experiments on the subject to the deduction that not
air, but water yapor it was that did the business. Since then the
enormous preponderance of power ascribed by him to water vapor
has been questioned ; but experiments to disprove it labor under
the disquieting impossibility of excluding the vapor itself from the
test. To get perfectly dry air is as difficult as to get a perfect
vacuum ; and the least trace of water vapor is potent to vitiate the
whole transaction.

As figures are here of importance I shall quote him on the sub-
ject. In his ‘‘Rede’’ lecture at Cambridge, in 1867, Tyndall
Says :

644 LOWELL—MARS ON GLACIAL EPOCHS. [Noy. 16,

‘‘Compared with the great body of the air, the aqueous vapor it con-
tains is of almost infinitesimal amount, 9914 out of every 100 parts of
the atmosphere being composed of oxygenand nitrogen. In the absence
of experiment, we should never think of ascribing to this scant and
varying constituent any important influence on terrestrial radiation ;
yet its influence is far more potent than that of the great body of the
air. To say that ona day of average humidity in England the atmos-
pheric vapor exerts one hundred times the action of the air itself, would
certainly be an understatement ofthe fact;. . . . and] am not prepared
to say that the absorption by this substance is not two hundred times
that of the air in which it is diffused.”

And below he goes on:

‘Probably a column of ordinary air ten feet long would intercept from
ten to fifteen per cent. of the heat radiated from an obscure source, and
I think it certain that the larger of these numbers fails to express the
absorption of the terrestrial rays effected within ten feet of the earth’s
surface.”

But England has a very moist climate. If, then, the trace of
vapor there be but the ,+,5 part of the whole, much less must it be
elsewhere. . If we call it one <5 part of the main body of the air,
in the drier regions of the earth, and consider the Martian atmos-
phere at the surface of the planet to be one-seventh of our own at
sea level, the vapor tension might be as great as ours and yet the
total amount of vapor present but =, of the whole atmosphere. In
which case it would render that air as effective a covering as our
own. Iam far from saying that this is the case; the more so that,
as we shall presently see, there are local conditions which, in the
event of its being as copious as, would render it much more effec-
tive than, ourown. But it is worth noting how little we need go
out of our way in possibilities to furnish Mars with sufficient cov-
ering.

7. While we are on the subject of carbonic acid, we may note
that that gas shows, unlike water vapor, remarkable exclusiveness
in the absorption of heat. Angstrom finds its absorption belt in
the spectrum very circumscribed, and in the lecture quoted above
Tyndall tells us that practically it absorbs no heat but what
radiates from carbonic acid itself. Such domesticity limits its
absorptive efficiency in the world at large. The result of which is
that there would be a tendency to equalize its deposit over the
whole planet ; for the surface covered by carbonic acid snow would

ie.

1900.] LOWELL—MARS ON GLACIAL EPOCHS. 645

be kept warmer and the surface bare of it colder than each other-
wise would be until carbonic acid was deposited over the whole.

8. From the foregoing it is clear that the amount of moisture
consonant with temperate conditions upon the planet does not re-
quire to be great. We need, therefore, feel no surprise that spec-
troscopy should as yet give us uncertain answer on the subject.
Huggins found marks of the presence of water vapor in the planet’s
spectrum ; Campbell could find none. And the latter thought he
should have done so had the amount been so much as one-fourth of
our own.

But there is another drawback to this deduction. It is possible
to point out a fallacy in the assumption of the data upon which the
detection depends. Weare told that the light examined has passed
twice through the Martian atmosphere. But this is not the fact.
A part of it has done so indeed, but only a part. A considerable
portion has never traversed that atmosphere at all. We should
know @ friort that this could not but be the case. But we are not
left to @ prior? reasoning in the matter. We have direct evidence
of the fact. One of the peculiar details of the disk the planet
shows us is the presence over a part of it of a veil which is not only
unmistakable but pronounced. This veil is known as the limb-
light. Extending in from the limb along its whole length is a
brilliance strong enough to swamp all but the heaviest markings for
a distance in of thirty degrees. Circumstances of position show
that this can only be the effect of an atmosphere (4nua/s Lowell
Observatory, Vol. 1). It must extend over the whole disk, but be-
comes conspicuous only as we approach the limb, owing to the
greater depth of it passed through as we increase the inclination.
It should vary roughly, though not exactly, as the cosecant of the
angle in from the limb. The effect might be due to anything sus-
pended in the air—dust or water vapor. It does not seem possible
as yet to evaluate it satisfactorily, but from its action it would
appear to bear no inconsiderable ratio to the rest of the illumination.
Suppose this ratio to be one of equality—and the amount of obscura-
tion it effects show this to be no unseemly supposition—then its
presence would halve the precision, and instead of being able to
detect a quantity one-fourth of our own, we should only be able to
perceive the double of that.

g. Now, whatever moisture there be on Mars—and water there
must be to some extent, since otherwise no seasonal change could

646 LOWELL—MARS ON GLACIAL EPOCHS. [Nov. 16,

occur, and that such change does take place is an indisputable fact
of observation—such moisture would be rendered more potent there
than it is on the earth by two Martian specialties in the matter of
climate: first, the condition of the sky by day and, second, the state
of the sky by night.

The day-sky on Mars is distinguished by being almost perpetually
clear. From dawn to dusk daily and from the year’s beginning to
its close, the sun shines down upon the planet’s surface out of a
heaven unflecked by cloud. I have mentioned this above, but one
deduction from it I want to bring forward more prominently. Not
only does a clear sky give ingress to warmth by the absence of
cloud, ‘but if it contain water vapor it plays in addition the part
of cloud itself. It exerts the efficiency of cloud and the efficiency
of sunshine combined. For it lets in the warmth and then will not
let it out again. In short, this transparent moisture suspended in
mid-air is as a glass to make of the planet a conservatory. And

when we reflect that this is true all over the planet at all times, we

see that even the chief disturber of such a state of heat accumula-
tion, the influx of cold winds from elsewhere, is as much as possible
stopped.

The importance of this solidarity in fair weather climate can
hardly be overestimated. It is the indraught of colder winds that
thwarts that hothouse heightening of the temperature which we
experience in the days called weather-breeders. It is true that the
coldness of the incoming winds is consequent on many causes, and
universal sunshine would not avail to prevent a fall of temperature
due to such circulation; but a general heating of the ground, espe-
cially to the northward, would certainly temper its effects, not so
much by equalizing the extremes, if indeed it would do this at all,
as by raising the means.

to. The night-sky on the planet abets the action of the day one.
Just as the day sky is cloudless so the night-sky apparently is
cloudy. This is the outcome of Mr. Douglass’ study of projections
upon the terminator. By first observing and then classifying over
four hundred of such projections, he came to the conclusion that the
appearances could not be produced by bodies contiguous with the
planet’s surface. In other aords, the optical effects were not such
as could be caused by mountains, but were such as could be caused
by cloud. Thus interpreted he finds that, though the sky is fleckless
all day, at sunset clouds begin to form, showing their presence by

——

1900.] LOWELL—MARS ON GLACIAL EPOCHS. 647

the way in which they are lit up into the night after the sun has set
to the ground below. In like semblance of beacons he finds them
out beyond the sunrise terminator, heralds of the dawn.

Whether the cloud canopy has been continuous the night long
we cannot of course positively affirm, That it has been so seems
probable, inasmuch as the conditions which caused it to form would
continue to some extent on through the night. The surface would
grow colder and colder, thus keeping up the condensation into
cloud above it. And this state of things would last till sunrise, as
the coldest moment, so far as the heat received from the sun goes,
is the moment before the dawn. ‘That at that time we find the
clouds still there is strong presumption that they have not left their
posts during the night. The effect of such a cloud canopy to the
planet during the night hours is as important as the lack of it was
important by day. It effectually shields the surface from depleting
radiation. It thus helps husband what the day garnered of heat.
It acts again the part of the glass in a greenhouse.

11. So much on the score of authenticity of appearance presented
by the Martian polar caps—so much, that is, toward the establish-
ing that they are what they purport to be.

From the constitution of the caps we pass now to the second
point in which the planet recalls our own for purposes of glaciation,
to wit: in the character of its orbit. The caps show us apparently
that the necessary material is present ; the orbit assures us that the
necessary cosmic conditions are fulfilled.

At the present time the orbit of Mars is possessed of an eccen-
tricity about five and a half times our own. Our earth’s is .0168 ;
that of Mars .0933. ‘The planet’s axial tilt, too, is consonant with
the conditions of a criterion; for it is closely accordant with the
earth’s. According to Schiaparelli, who has made the last and
undoubtedly the best determination of this tilt, the planet’s equator
is inclined to its ecliptic 24° 52’. That is 25°-—for the quantity
cannot be found to within the nicety of a few minutes—represents
on Mars what 233° does on the earth, the tilt of the planet’s poles
and the consequent breadth of its arctic regions. ‘The slight differ-
ence between the two values would simply increase by so much the
theoretical effect of the eccentricity.

We have then in the case of Mars at the present moment both
eccentricity and tilt, such as to enhance whatever effect might be
expected. For by an odd coincidence it so chances that these essen-

648 LOWELL—MARS ON GLACIAL EPOCHS. [Nov. 16,

tials are circumstanced nearly the same. In both planets the sol-
stices fall not far from the line of apsides. What is more, it is the
same solstice that occurs near perihelion in each case. Mars comes
to perihelion in longitude 153° 4)’ and to the summer solstice of his
northern hemisphere in longitude 176° 48’; our earth reaches the
like points in her orbit, the perihelion in longitude 281° 21’, the
summer solstice of her northern hemisphere in longitude 270° 14’
respectively. Thus both planets pass those points, whose near
coincidence is vital to the effective working of the eccentricity, in
close succession. With Mars the summer solstice follows perihelion ;
with the earth it precedes it. This has the effect in the northern
hemisphere of clipping the Martian beginning of summer as com-
pared with its end, and of curtailing the mundane end of it as com-
pared with its beginning ; similarly in the southern hemisphere of
both with regard to winter.

Curious it is that both planets should turn to the sun their corre-
sponding hemispheres correspondingly—an agreement in inclina-
tion which permits of paralleling, by what may at the moment be
discerned on Mars, what would happen on the earth during an ac-
centuation of eccentricity such as is invoked to account for a glacial
period. It would show itself, too, under magnification. For the
greatest maximum possible to the earth’s eccentricity is, according
to Leverrier, .0747, or a fifth part less than that of Mars now.

21. Having surveyed the situation, material and mechanical, we
may now turn to the phenomena. When we do so we are con-
fronted at once upon the planet by what appear to be unmistakable
polar caps, fairly comparable with our own in size and behavior,
but with a difference. Ours are first distinguished by their greater
extension. In our northern hemisphere the ground in winter is
covered by a permanent mantle of snow down to about latitude 45°.
This represents our snow-cap at that season, as it would appear to
an outsider. In this we live and move and have our being for some
four months, and it is at least a pregnant thought that to such an
outsider the highest development of life upon our planet should
seem thus for nearly half the year to have its existence within the
polar cap. It opens our eyes, abstractly as well as personally, thus
for a moment to see ourselves as others see us. Our northern polar
snow-cap, then, covers on the average round the globe 90° or more
at its most. If we take occasional snowfalls into account the maxi-
mum might be considerably stretched ; for snow sometimes not only

1900.] LOWELL—MAR3 ON GLACIAL EPOCHS. 649

falls but lies below latitude 35° both in America and Asia, and if our
sky were clear, as that of Mars is, would be distinctly perceived by
an onlooker as part, even if a detached part, of the polar cap.
From its maximum the cap then dwindles till at its least, about two
months after the summer solstice, it has so shrunk as to measure
only about 40° across.

With regard to our southern cap, it is not possible to affirm so
positively either the maximum or the minimum because of the
presence there of surrounding oceans. Nevertheless it is apparent,
from the greater cold of corresponding southern latitudes, that at its
greatest the cap would exceed its northern fellow if duly given
ground ; while the summer glaciers of Terra del Fuego show that
it would probably be the greater of the two at its minimum as well.

Now on Mars the northern cap attains at its height a width of
70°, which event occurs about one hundred of our days, or fifty-
three of its own, after its winter solstice. About the middle of
February this date corresponds to on earth. It then decreases
regularly to its minimum, which takes place about the same time
after its summer solstice. Near the minimum it remains some time.
At this, its smallest compass, it measures only some 3° across.

Confining ourselves now for the moment to what we can directly
compare, the northern caps of the two planets, we find a difference
in relative size between them at both their extremes in the same
diréction. That of the earth is bigger than that of Mars, both at
maximum and at minimum. As to the maximum, this happens in
spite of the fact that the Martian year, and therefore the Martian
winter, is nearly twice as long as our own, so that for nearly double
the time any given northern latitude there is tilted away from the
sun.

This is not all. If we express analytically the area of a zone em-
bracing the pole of given breadth in degrees 9, we find for its value

(@) ==)
ios
ieee 6 ¢
¢=o
€) == @

Where ~ is the radius of the sphere, ¢g the azimuth and 6 the
polar distance,
(8) == (8)
= — 277? cos 9 = 27 #* (I—COS OB)
(6) == (0)

650 LOWELL—MARS ON GLACIAL EPOCHS. [Nov. 16,

From this we see that the maxima and minima on the earth are
as five to one; while on Mars they are as 130 to one. The ratio
of decrease due to summer melting is then twenty-six times as great
in the latter case as in the former.

To the belief that Mars lacks warmth this comparison is calcu-
lated to give a shock of surprise. But however that be, we come
next to an even more unexpected result.

13. This next feature is the difference in behavior of the two
caps. At its greatest the southern cap surpasses the northern one ;
at its least it falls below it, passing it the other way.

It is both bigger in winter and smaller in summer than its north-
ern counterpart. It thus outdoes its fellow in action generally—
in accumulation first, in dissipation afterward. Beer and Madler
stated this long ago, though curiously enough upon quite erroneous
data. Surprising as the circumstance is—for it becomes more sur-
prising on consideration—I think it can be shown to be the fact.

In the case of the maxima direct data on the point are lacking.
The maxima are not easy to determine, owing to the tilt of the axis
and the fact that the solstices occur nearly at the apsides, and they
never have been determined. We have, with two exceptions, only
determinations made a long way one side or the other of the date
of the maximum. One of these exceptions was that of Sir William
Herschel, made six months before its summer solstice, and therefore
about 145 days after its winter one. In 1781 he estimated the
diameter of the southern cap at 60°. |

In 1798 Schroeter made it 50° four months before the summer
solstice. While Madler in 1837, at the time of the winter solstice,
estimated it at 70°. It is quite possible that he mistook some of
the southern islands for the cap, a mistake made by more than one
observer. No further approach to a maximum is recorded till
Schiaparelli observed that of 1882, 150 days before the summer
solstice, at 45°. All of these were too far away from the true time
of the maximum to give even approximations of it.

The second exception was the determination made at Flagstaff in
1846-97 on the north pole, of which a transcript follows. The
extent of the cap has been got by taking its width from the figure
(Annals Lowell Observatory, Vol. ii, page 232) between two given
dates ; and the number of days before the solstice has been put as
the mean of these two dates.

1900.] LOWELL—MARS ON GLACIAL EPOCHS. 651

Days after Days before
Width of Cap. _ winter solstice. summer solstice.

‘Jan. 11-Jan. 25 50° Jan. 48

i= 28-47 55

31-Feb. 10 60 Feb, 78
Rebs G6 17. 72 6“ 90

Tome 2 Te 70 ‘ 100 260
(Mar. 22-Mar. 30 77 Mar. 174)

Pga9 31 73 177 183

26-Apr. 4 72 fs 182 178

29- 7 OQ mae ADIs 188 172
Apia. I= ir 63 “ 197 163

I3z— “ 20 58 Ks 218 142

16- * 26 49 «“ 230 130

24-May 2 51 oe 245 114
May 26-June 4 22 43

28-— << 6 18 39

It will be seen from this that we have but two determinations at
all to the point—those of 1781 and 1897—and neither of these as
definite as is desirable.

That the maxima apparently occur about one hundred days after
the winter solstices of their respective hemispheres we can gather
from the observed times of the minima, of which we know very
much more. But we can only surmise this, subject to future
correction.

Although the direct data are thus inconclusive on the subject of
relative size, there are, however, what we may call indirect data in
the case. If we compare the two caps at corresponding periods
before the time of solstice we shall get a fair idea of their state mid-
way in their career. And for this comparison we do possess very
respectable data, since at this stage both caps have been fairly often
and fairly well observed. ‘Tabulating all the records from ninety-
two days before to thirty days before their respective summer sol-
stices for the two caps, we have the following list :

| PROC. AMER. PHILOS. soc. xxx1x. 164. QQ. PRINTED JAN. 19, 1901.

.

652

LOWELL—MARS ON

SouTH CAP.

Days before

summer
solstice.

1862 48
1877 34
1890 63
55
48

35
1804 89

Size.

36° Lord Rosse
29° Schiaparelli

30° 66
25°
25°
20° gs

50° Lowell Obsy.

Days before
summer solstice.
92-80
80-70
70-60
60-50
50-40
40-30

SoutTi Cap.

Mean.

50°
39
34
28
25
27

GLACIAL

EPOCHS. [Noy. 16,

NorTH Cap.

Days before

SUMMLEYr

solstice. S22.
1882 82 20° Schiaparelli
Ai] 27°
1884 84 30°
76 28°
65 25° “
55 25°
46 220
35 25°
1886 = 85 30°
55 21° "
32 12° (mean)
1897 43 22° Lowell Obsy,
39 18°
1899 92 40° Flammarion &
Antoniadi
77 35°
75 36°
58 33°
41 30°
NorTH Cap.
Mean.
30°
32
25
26
25
18

From this it appears that from ninety-two days to thirty days be-
fore their respective summer solstices the southern cap is continu-
Furthermore, that it exceeds
the latter most the farther away it is from the solstice. From
which we may conclude that at its maximum it also surpassed the

ously larger than the northern one.

latter.

Any correction for irradiation would but increase the contrast,
since the north polar cap is necessarily observed from a much

~ 1900.) LOWELL—MARS ON GLACIAL EPOCHS. 653

greater distance than the southern one when seen thus near its
summer solstice ; and the irradiation being the same for both in
seconds of arc becomes, with decreased size of disk, greater as
measured in Martian degrees.

14. As a preliminary to an explanation of this phenomenon, it is
necessary to consider the general laws of planetary insolation, or, in
other words, the amount of heat received from the sun by different
parts of the planet at different times.

The total quantity of heat intercepted by the planet as a whole
in passing from any point of its orbit round to the same point again
is a function of the eccentricity of the orbit. For heat or light,
like gravity, diminishes inversely as the square of the distance.
But the quantity of gravity received, if we may so express ourselves,
is measured as follows :

Since equal areas are swept out by the radius vector in equal

I
times, or 7? 70 = hat ; and since cg, = 7*

6h. dt,g,=d0

or
AO Giz=27

where G= total gravity received during a revolution. Now if the
major axis of two orbits be the same, the period isthe same. Con-
sequently in this case G varies inversely with 2. But

A=y wa (i—e)?

whence
ah? = 1b?
h=bY ph
Ve

Whence the total gravity and consequently the total heat received
varies inversely as the minor axis of the orbit, and is therefore a
function of the eccentricity.

15. But the relative amount received in passing from one equi-
nox to the other does not vary but is the same, as D’Alembert
showed, from whichever equinox we set out. That is, the planet
has as many units of caloric fall upon it in traveling from the ver-
nal to the autumnal equinox as from the autumnal to the vernal one.
Indeed, whatever point we are pleased to take for starting point,

654 LOWELL—MARS ON GLACIAL EPOCHS. [Nov. 16,

180° journey out will see as many calories reach it as the subse-
quent journey of 180° in. For

v2 dd = hd.
whence
ad0=hdadt
r

That is the angle swept over is at all points proportional to the
amount of heat received, since this amount is always inversely as
the square of the radius vector.

16. Thus the heat received through any angle is independent of
the eccentricity. But it is not independent of the axial tilt. The
amount of heat received at any point, in consequence of the tilt,
depends upon the position of the point. At the pole it varies from
nothing for the six months about the winter solstice to |

Lae real a \
a a

for the other six about the summer one.

For a hemisphere, taken as a whole, the total summer insolation
much exceeds the winter one. (Weiner, Ueber die Starke der
Bestrahlung, Zeztschrift der Oesterreichischein Gesellschaft fiir
Meteorologie, 1879; also Sir Robert Ball, Zhe Cause of an Ice
Age, 1892).

Let 2H be the amount of heat falling on a section equal to the
earth at unit distance in unit time, and let 6 be the declination of
the sun.

Theh the amount received by one hemisphere at distance 7 in
the time d will be

# (sin d) at
5

and by the other
— (1 — sino ) dt
x?

but
727 d0= hat

whence the above

sae + sind ) at

Bac -+ sin J) @6

1900.] LOWELL—MARS ON GLACIAL EPOCHS. 655

again, since sin 6 sin @ sin ¢, where ¢ = obliquity of the ecliptic
the above becomes from equinox to equinox
A (1 -+sinesin@) d0= A(x + 2 sine)
h h
Oo

and for the other hemisphere

Hf c
= —2Ss
ae ine )

With «= 24° 52’, the present received value on Mars, we have
the two in the proportion of 63 to 37.

But though the summer and winter insolation thus differ, they
are the same for each hemisphere in turn. Consequently the
above cannot be the cause of the differences in question between
the respective maxima and minima of the polar caps.

17. Not the amount of heat but the manner of its reception,
then, is responsible for the difference we observe. Looking at it
in this light we shall detect certain diversities of position compe-
tent possibly to the result.

Of the opposite variations presented to us by the two caps, the
one most difficult to detect is the easiest toexplain. The difference
in the maxima seems to be due to the surpassing length of the
antartic night.

Owing to the eccentricity of the orbital ellipse and the position
of the solstices, the southern hemisphere is both farther away from
the sun during its winter and is so for alonger time. The arctic
polar night is 306 of our days long; the antarctic 381. Thus for
seventy-five more days than happens to its fellow, the southern pole
never sees the sun. Now since the total sunlight from equinox to
equinox is the same in both hemispheres, its distribution by days is
different. In the northern hemisphere the same amount is crowded
into a smaller compass in the proportion of 381 to 306; that being
that hemisphere’s relative ratio of days. But since, during the
winter, there is a balance of accumulation over dissipation of snow,
each twenty-four hours must on the average add its tithe to the sum
total. The northern days, being the warmer, each add less than
the southern ones; and furthermore there are fewer of them, On
both these scores the integral of the additions about the northern
pole is less than about the southern one. Consequently the snow
sheet is there the less developed.

656 LOWELL—MARS ON GLACIAL EPOCHS. [Nov. 16,

18. With the minima the action is otherwise. Inasmuch as the
greater heat received during the daylight hours by the southern
hemisphere is exactly offset by the shortness of its season, it would
seem at first as if there could be no difference in the total effect
upon the two ice-caps.

But further consideration shows a couple of factors which might,
and possibly do, come in to qualify the effect. One is that the
diurnal heat, being more intense though not so long continued,
might work to more advantage. For the water would be the more
likely to flow away the greater was the quantity of it manufac-
tured ; or if it were caught up into the air more of it would be
wafted away beyond reach of refreezing. It is the freshly acquired
mobility that does the business. As ice the substance is chained to
the spot ; as water or vapor it is free to roam; and natural condi-
tions at once transport it out of the region and so out of the
problem.

The second factor is due to the action of the intervening nights.
The vapor set free during the hours of sunshine is not all deposited
during the night, as is witnessed by the presence of sunrise clouds.
Such part as is not precipitated forms a blanket for the ground, pre-
venting the heat of the surface from being radiated off into space.
The greater the evaporation during the day the denser, other
things equal, would be the cover-lid at night and thus the less heat
be permitted to escape. This saving of heat is just so much to the
good in the struggle of relative dissipation on the side of the
southern hemisphere. ‘The next day does not find so much to undo
before it can make its own advance. ‘Thus the whole effect in melt-
ing the snow would be greater upon that hemisphere whose summer
happens to be the more intense.

19. It would appear then that on Mars not only has the eccen-
tricity no tendency to foster the retention of an extensive ice-cap
about the pole of that hemisphere which has its summer solstice
near perihelion, but that the permanent accumulation there is
actually less than at the opposite pole.

20. Now suppose the total deposit of ice in winter to increase.
Call

a, the southern cap at its maximum.

5, the same at its minimum.

1900.] LOWELL—MARS ON GLACIAL EPOCHS. 657

a, and 4, the respective maximum and minimum for the northern
cap.

x the increased ratio of deposition, where « > 1: then

a — 6 equals the amount of the southern cap melted during the
summer.

a, — 6, equals the same for the northern cap.

xa — (a — 4) will then represent the size of the southern cap at its
new minimum, and

xa — (a — db) A ie Bd
ln b
mum to the new. The ratio of the old maximun to the new is

Xa
ee DEES
a

will be the ratio of the old mini-

(e—1)at+s
b

Now > x, for if it were equal to it we should have

@—i1)@¢+6= 6x;
whence (x — 1) a = (x —1) dand since a> 6 the first member
would exceed the second.

Thus the minimum would increase at a faster rate than the maxi-
mum with increased deposit.

For the northern cap we have similarly

(*#—1)44+4
by

The similarity of the expressions shows that the same result would
hold here too.

But furthermore we have for the ratio of the maximum—minimum

ratio of increase in the two caps respectively :

(*+—I1)a4+ 46 to (x«—1)a,+ 4,

ona b,
The first member exceeds the second, for
(Ce tae a Pare Nad rr a)
b

Since

658 LOWELL—MARS ON GLACIAL EPOCHS. [Nov. 16,

So that the minimum increases relatively to the maximum faster in
the southern hemisphere than in the northern one. And as this
relative increase never changes sign, as the precipitation increases
a time must come when the southern minimum will actually exceed
the northern one in size and do so more and more, indefinitely.

Whence we find ourselves facing the interesting conclusion that
with precipitation increased equally over the whole planet the size
of the perpetual ice-cap at the southern pole would finally surpass
that about the northern one. Whereas, then, with moderate pre-
cipitation the hemisphere with the extremes of summer and winter
climate would have the less perpetual ice of the two; with more
precipitation the result would be reversed.

21. On the earth this greater precipitation is made possible by
the greater amount of water on the surface. Thus a glacial period
might be produced with us under the very same conditions which
would bar it on Mars. It would come about in consequence of the
eccentricity of the orbit, but not chiefly because of that eccentricity.
Rather, we may say, because of the amount of moisture capable of
being manufactured. For were the moisture to fall below a definite
amount, not only would no glacial period result no matter what the
eccentricity, but actually a sort of anti-glacial epoch would be
brought about by that very same cause.

Croll distinctly emphasizes the fact that it is the indirect not the
direct effect of the eccentricity that causes a glacial period. This
indirect effect he follows through increased precipitation to
change of the winds and lastly to change of oceanic currents. What
the present study of the problem appears to point out is that increased
precipitation alone, from any cause whatever, is competent to the
task.

22. Here, then, we have a remarkable reversal in arctic conditions
from glacial to something not unakin to its opposite, due directly,
not to change in eccentricity, though it presupposes eccentricity in
the process, but to a greater or less abundance of water. And
water plays a part in the performance of this act in each of its three
forms—as gas, as liquid and as solid. Asa gas, the lesser amount
of it—for I believe it to be less in amount on Mars than with us,
though relatively to the other two states of the substance greater—
acts to keep the day-sky clear, the night-sky cloudy, and thus to
foster the summer melting which results in a diminution of perma-
nent ice. As a liquid, in which state it is certainly much scarcer

1900.] LOWELL—MARS ON GLACIAL EPOCHS. 659

than with us, its relative absence causes a dearth of deposition which
is the most important factor in establishing the conditions we have
seen to exist. Lastly as a solid, the comparative lack of permanent
ice-fields tends to keep the climate in a relatively genial condition
and thus to allow the other two forms the greater play. Though
the last seems but a passive partner, an acquiescer more than active
accomplice, its 7déZe is not the least vital of the three. “There is no
doubt that the climate of our own arctic and antarctic regions is
boreal to an extent far surpassing what mere absence of sun could
cause. It is the storage of ice, the actual cold locked up in that
substance in those polar prisons that is the true climatic controller
of the extreme north and the extreme south.

23. From the mode of melting of the Martian polar caps, it is
clear that we could have predicted a general dearth of bodies of
water upon the planet from that evidence alone. We ought to
have seen that so much was unmistakably written in the record
open to our inspection. But other evidence presented itself first.
So that we were already in possession of decisive testimony before
the polar phenomena got a hearing.

Already we had come to the conclusion that what were formerly
thought to be oceans, the-blue green markings, were not in reality
seas, but vast tracts of field or forest. Many things testified to
this ; but not to weaken the argument by multiplying the proofs,
it nay suffice to say that permanent dark lines traverse them, and
coincidently traverse the idea that they can be seas. At the same
time they change color with the season, as vegetation would do.
As autumn advances they fade from green to gold, and with the
spring grow green again. Our own forests could look no other
viewed across the millions of miles of separating space.

Change implies air, and vegetal change water to boot. Thus
there is some water on Mars, though there is not much.

24. After the phenomena of the maxima and minima of the caps,
the next peculiarity connected with them is the eccentring of the
southern one. And this distinction is the more significant from its
not being shared by the northern. The northern cap sits squarely
upon its pole. The southern, on the other hand, is markedly
eccentric to the axis of rotation. Its centre lies some seven degrees
from the geographical pole over toward a point in about longitude
54°. Since then the two do not agree to differ, but are each
idiosyncratic, it is clear that the cause cannot be one common to

660 LOWELL—MARS ON GLACIAL EPOCHS. [Nov. 16,

both, but must consist in some peculiarity of the southern cap.
Furthermore it must be some very general condition, for the eccen-
tring is not confined to any one era or stage in the existence of the
cap. It is observable from the time the cap is at its widest to the
supreme moment of its decay. Nor does it shift its place to any
extent throughout the shrinking, till the cap’s size becomes so small
that a trifling preponderance here or there in longevity unduly ex-
presses itself in lorgitude. Such constancy of position shows that
the whole accumulation is eccentrically placed, and not simply that
some part is so locally conditioned as to outlast its fellows.

25. To account for the phenomenon, analogy tempts us to jump
to the conclusion that elevation is responsible for the survivorship.
And so it has been thought to be by many who have philosophized
on the subject. For this would be the fact on earth, and the same
we are, therefore, prone to impute to Mars. But consideration
shows that such cannot be the case.

Cold increases'with ascent above sea-level because the enveloping
blanket of air or rather of water vapor thins out as we rise. On
thé earth in latitude 45° an elevation of a couple of miles is usually
enough to bring one into the region of perpetual snow. But on
Mars this would not be the case. On Mars the cold could not in-
crease thus with the speed it does on earth. It is possible to affirm
this without any regard to the actual amount of atmosphere upon
that planet. For it is a simple matter of physics with which we
have to do.

26. The mere mass of a planet decides the distribution of its at-
mospheric envelope. It does this irrespective of what the amount of
that envelope may be. No matter how dense or how rare the air be
at the planet’s surface, the air diminishes upward by a law which
depends directly and primarily upon the planet’s mass. This law
is found as follows:

Since the density of the air varies primarily as the pressure put
upon it, we have at the point, if D denotes the density, / the pres-
sure and g the force of gravity

dp caD = —ap=agD
“ax ax
whence
@D = agdx

1900. ] LOWELL—MARS ON GLACIAL EPOCHS. 661

The minus sign denotes that x diminishes as D increases.
If we assume a — 1 we have

aD = -— Lax
D
whence
aD Vo Der
D
or
10) (HS EE

For another planet we have in the same way

D=e-s

Curves showing variation in density of atmospheres7on the Earth and on Mars.

Thus the height ‘necessary to bring about the same relative
amount of density upon two planets varies inversely as their respec-
tive surface gravity.

662 LOWELL—MARS ON GLACIAL EPOCHS. [Nov. 16,

(I do not here consider temperature, which, according to some re-
searches of my friend, Prof. Story, may possibly set superior limits
to all planatory atmospheres. )

27. In consequence of this to compass a result for which a mod-
erate ascent would suffice on earth, an immoderate one must be
made on Mars. For gravity there being but 224 our own, nearly
three times the rise is necessary. A Mt. Everest would stand for
an Etna and something no less than eight miles high for a Mt.
St. Elias. Ifsuch peaks existed, they could not fail of detection.
Nevertheless none have been made out, nor are there any certain
signs of even much lesser elevations. What have been most sup-
posed to suggest them—the projections which, illuminated by slant
lightning across the sunset or sunrise edge of the disk, stand out as
bright points upon the terminator—do not tally with the look of hills,
but are best explained by cloud. For they change in aspect only
as clouds could contrive to do. Nor are other indications of pos-
sible mountains more expressive. Indeed, from every point of view
Mars presents itself to us as futilely flat.

28. Dispensing, then, with earthly analogies we must look to Mars
itself for explanation. Surveying the surface with this intent we
presently note one trait which marks off the southern from the
northern hemisphere—the relative absence in the latter of blue-
green areas. It is, indeed, not a little odd how devoid the one-
half of its globe is of what the other makes so fair a showing. The
great mass of dark markings are to be found on that part of the
planet which lies between the equator and the south pole.

29. Pursuing the subject, we find further that the blue-green
regions are widest, reaching both farther down and higher up, be-
tween longitudes 300° and go°. Here these regions stretch away
to or fade into the arctic circle. Now it is in the centre of these
longitudes, half way, roughly, across the breadth of the blue-green,
that is found the centre of the southern snow-cap. Bowed toward
this region, it evidently acknowledges some compelling potency
there. And the continuance of the obeisance from the cap’s be-
ginning to its end points to a cause itself continuous.

30. The blue-green areas are, without doubt (see 23), vast
vegetation bottoms. ‘Though the dip is unquestionably but slight, it
suffices to drain into them sub-erially or surface-wise such mois-
ture as may be present in the neighborhood. Whence their cloth-
ing of grass or forest or what does for these in Martian flora, their

_

1900.] LOWELL—MARS ON GLACIAL EPOCHS. 663

like-tinted summer habiliment of green. Bottom-lands, not eleva-
tions then, are the cause of the snow’s survival.

We are next concerned, therefore, with the way in which they
may bring such result about. Just as it is not height but depth that
determines the deposition, so it does this in quite unlike a manner.
For by its indirect effects, more than by its direct efficiency, does
it prove potent. Moisture in the air, it is true, flows into these
lower levels because they are such, being hollows in the atmos-
pheric ocean-bed. And they are such for water vapor over and
above what they are for air, inasmuch as water vapor, though the
lighter gas, is found most copious near the surface, thinning out
more rapidly than the rest of the air upward. Depression is not
so slight a factor as we proved elevation to be, because of this
greater thinning out of moisture upward. but, even so, difference
of level does directly but a part of the business. Indirectly de-
pressions do something more: they start vegetation. Vegetation
itself then takesa hand in the matter. Due to the humidity
originally, once on the ground it reinforces the latter’s action.
For asa part of its life economy the plant is busied in pumping
up water from the earth for the sake of the substances held there in
solution which it absorbs, and setting the residue free allows it to
evaporate away. Thus the moisture attracted to the spot is
returned to the air about it, to be again deposited on provocation.

The deposit would not probably take the shape it does on earth.
So thin, undoubtedly, is the air upon the surface of Mars that a
precipitation in the form of rain or snow would seem not so likely
amethod of deposit as that other form dependent on contact which
we know as dew or hoar-frost. In which case the deposit would
occur nearer the place of generation, since it would offer less
chance to be wafted to the winds. Being in a valley, the wind
would get less sweep, and plant growth would still more hinder
and hamper its course; and, secondly, what moisture was caught up
and snatched away would be unlikely to be precipitated elsewhere.
It would eventually return, to begin its plant work once more. Some-
where not far to the northward, then, of the general reservoirs of
humidity, the great blue-green regions, we should expect to find
the greatest accumulation of hoar-frost. This is precisely where we
observe the centre of the snow-cap.

31. That the little midsummer remnant of the south polar cap
lies at some distance from the pole, proves its survival due not to

664 MINUTES. [Dec. 7,

the fortune of its position, but to its own self-preserving thickness.
Of the northern snows, on the other hand, what is left over from
year to year owes its conservation solely to latitude. Thus the sur-
vival of the little snow that is left at the southern pole, instead of
proving the potency of the eccentricity, actually accentuates its impo-
tence. Were it not for the presence of the lowlands with the in-
creased moisture they gather and bequeath, there would be no eter-
nal snow around the southern pole at all.

32. Thus this second characteristic of the polar patches, the
centring of the one, the eccentring of the other, corroborates and
enforces the testimony borne by the maxima and minima. For it
shows that the minima are in truth more accentuated than they ap-
pear to be. The little minimum at the south pole would vanish
entirely every year, instead of sporadically, were it not for local
causes.

33. Our survey of the Martian polar caps, then, leads us to some
curious conclusions. It starts with apparent contradiction of
Croll’s theory, to end in final confirmation of it. It comes to curse
and stays to bless. But it does more. It shows that eccentricity
of orbit by itself not only causes no universal glaciation, but
actually produces on occasion the opposite result in more than off-
setting by summer proximity what winter distance brings about.
Eccentricity needs water and a great store of it as handmaid before
its glacial work can be accomplished. Could our earth but get rid
of its oceans, we, too, might have temperate regions stretching to
the poles.

Stated Meeting, December 7, 1900.
Vice-President WIsTAR in the Chair.
Present, 138 members.

A communication was made by R. W. Shufeldt, M.D.,
‘¢ On the Osteology of the Striges.”’

‘he following annual reports were read :

The Treasurer.

The Curators.

The Publication Committee.

1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. 669

The Hall Committee.

The Library Committee.

The Phillips Prize Essay Gonmtiest

The Librarian laid upon the table the list of donations to
the Library, and thanks were ordered therefor. |

The Society was then adjourned by the presiding officer.

ON THE OSTEOLOGY OF THE STRIGES.

[STRIGIDZ AND BUBONIDA. |
(Plates X-X VII.)

BY R. W. SHUFELDT, M.D.
(Read December 7, 1900.)
INTRODUCTION.

Of all my published scientific papers, or in fact of any of my
writings, the first to appear was a memoir devoted to the Os/eology
of Speotyto cunicularia hypogea (Bull. U.S. Geol. and Geogr.
Surv. of the Terr., Dept. of the Interior. Vol. vi, No. 1. Wash-
ington, 1881). This contribution to the anatomy of the Burrowing
Owl was quite complete, and illustrated by many figures given prin-
cipally upon three full-page lithographic plates. it was done, how-
ever, far from all civilization, the museums and the libraries, and
therefore offered but few comparisons in its pages with the osteology
of other species of Owls.

This paper underwent a partial revision at my hands and appeared
again in my work entitled Contributions to the Anatomy of Birds
(12th Ann, Rep. of the late U.S. Geol. and Geogr. Surv. of the
Terr. [Hayden’s]. Washington: Govt. Printing Office, Oct., 1882.
Author’s Edition). Some little improvement was made in the
paper, but the same plates and figures were reproduced, and no
general comparisons included in the research. In the present
memoir a large number of osteological comparisons have been
made, substantially based upon the facts brought out in the original
and revised issues of the Sfeotyzo article, and the characters found
upon examination to present themselves in the skeletons of other
American S¢rigtd@, specimens of which at this time are not lacking

666 SHU FELDT—OSTEOLOGY OF THE STRIGES. [Dec. 7,

in either my private collection or in the collections of the U. S.
National Museum at Washington. All the figures, however, illus-
trating the early papers on the osteology of the Burrowing Owl have
in the present memoir been omitted, it not having been thought
necessary to republish them, as they can be consulted by any student
of the subject in the above quoted publications. This does not,
however, apply to the text matter of the original article, for it is
taken up in the present work and incorporated in the general com-
parisons made throughout, wherein the osteological characters of all
the American species of Owls have been contrasted and employed to
meet the ends of taxonomy. Apart from a few brief notes, the
anatomy of Owls was not touched by me again until 1889, when in
the Journal of Morphology (Vol. iii, No. 1. pp. 115-125, Pl. vii) I
contributed a paper on the Burrowing Owl, entitled /Vozes on the
Anatomy of the Speotyto cunicularia hypogea ; but little was eaids in
it about the osteology of the species.

Several years later I published in one place or another a number .
of papers treating of fossil birds, and in some of these descriptions
of fossil bones of Owls are given, notably of a Budo in my memoir
on A Study of the Fossil Avifauna of the Equus Beds of the Oregon
Desert (Jour. Acad. Nat. Sci. Phila., Vol. ix, Pls. xv—xvii, 4to,
Phila., Oct., 1892, pp. 389-425). Quite a number of popular papers
were algo published about the American species of the Strzgzd@, but
nothing of a nature to be considered here. Indeed, up to the
present writing I have published no paper requiring further notice
in this place, beyond my memoir entitled Professor Collett on the
Morphology of the Cranium and the Auricular Openings tn the North-
European Species of the Family Strigide (Jour. Morphology, Vol.
xvii, No. 1, Boston, 1g00). This somewhat elaborate production,
upward of one hundred printed pages, is illustrated by thirty
lithographic figures of the skulls and plucked heads of Owls, and
some seven or eight text figures of a similar character. A number
of genera and species are thus shown, but none of those figures are
reproduced here, for the same reason as the one given in a a former
paragraph of this Introduction.

The present memoir, however, claims to be a very general con-
tribution to the study and comparison of the osteological characters
presented on the part of the skeletons of all the North American
species, or at least genera, of S¢tr7gide. The most of the text figures
here offered have never been published by me heretofore, and the

1900.] SHUFELDT—-OSTEOLOGY OF THE STRIGES. 667

same applies to the thirty figures given on the Plates. In fact, in
the case of the latter no one of them has ever been given before in
any memoir anywhere. For the first time now we have here the
relations of the cranial segments at the base of the skull in the nest-
ling Budo ; the internal view of the skull in the adult ; the cranium
of Megascops and skeleton of JZcropadias figured, and a good many
other specimens of the bones of Owls which have never been pub-
lished before. It is believed that these will be found to be useful
not only to the comparative osteologist, but to the researcher in the
fields of avian paleontology. Further, it will be found that in the
present memoir descriptions have been given and intercomparisons
made of the osteological characters presented on the part of many
of the species of the genera of Strzx, Asio, Surnium, Scotiapex,
NVyctala, Megascops, Bubo, Nyctea, Surnia, Speotyto, Glaucidium
and Micropallas, the whole being completed with a brief discussion
of the probable affinities of the Stzgz¢@ and their place as a group
in the system.
WasHINGTON, D.C., November 21, 1900. ROWS:

Owls of a number of genera, represented by a variety of species,
are to be found in the avifauna of the United States. That North
American alucoline type of the Barn Owls, Six pratincola, ranges
throughout the southern and warmer parts of the country. The
genus Aszo is represented by two species, Syruzum by two and a
subspecies, while far north Scotiapex cincrea and Scotiapex c. lap-
ponica are occasionally found. Of the smaller Owls, Vyctala is
represented by one species and a subspecies, the best known one
being WV. acadica, now becoming quite rare. Screech Owls of the
genus J/egascops are especially numerous and of wide geographical
range, ornithologists having recognized at the present time two
species of them and at least half a dozen subspecies, but some of the
latter require an eye highly educated in the matter of the fine dis-
crimination of shades of color to distinguish them.

Great Horned Owls of the genus 40 have the well-known Budo
virginianus, of which there seem to be at least three fairly well-
marked geographical races or subspecies—a Western one (swbarc-
ticus), one in the Fur Countries (arcticus), and a Northwest Coast
region variety, which has also been taken in Labrador (sa/uratus).
We also have the magnificent Snowy Owl (WVyctea nyctea), as well
as two Hawk Owls (Suwrnia), and those other Owls, known as

PROC. AMER. PHILOS. SOC. XXxIx. 164. RR. PRINTED JAN. 19, 1901.

668 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dec. 7,

‘‘ Burrowing Owls,’’ of the genus Sfeoty/o, of which there are two
varieties. Finally, in the Western and Southwestern regions we
meet with the highly interesting little Pygmy and Elf Owls—two
of the genus G/aucidium and the still more diminutive Elf, AZcro-
pallas whitneyt. ,

The Striges constitute a very cosmopolitan group of birds, and a
wonderfully monomorphic one, there being hardly an aberrant form
in the entire suborder the world over. But even at the present
writing the classification of these birds is in a condition anything
but satisfactory, and in-times not long gone by the nomenclature of
Owls was something quite past comprehension and utterly confusing.

Presently I shall quote some authorities in these matters when I
come to say a few words upon the Owls in general, but right here,
be it said, that beyond that the present memoir will have but little
to do with the unraveling of this perplexing taxonomy and nomen-
clature. For the purpose of designating species and genera, I here
adopt the arrangement set forth in the Check List of the American
Ornithologists’ Union—the last edition. Huxley, in his celebrated
paper, published in the Proceedings of the Zodlogical Society of
London in 1867, says that his Actomorphez is a division which is
equivalent

‘‘to the ‘ Raptores’ of Cuvier—an eminently natural assemblage, and yet
one the members of which, as the preceding enumeration of their charac-
ter shows, vary in most important particulars.

‘“They appear to me to fall naturally into four well-defined primary
groups—the S/rigide, the Cuthartide, the Gypetide and the Gypoger-
anide. Butthis arrangement is so different from that ordinarily adopted,
that I shall proceed to justify it by enumerating the principal circum-
stances in which the members of the several divisions agree with one
another and differ from the rest.”’

This is first followed by a fairly complete résumé of the osteo-
logical and other characters of the Owls, but as many important
skeletal characters have, since that paper was published, been de-
scribed by ornithotomists, we will omit here Prof. Huxley’s synopsis
in these matters, and present the fuller and more recent remarks of
Prof. Newton and others in the premises.

In his admirable article ‘‘ Ornithology’’ in the Ninth Edition of
the Lncyclopedia Britannica (v. xviii, p. 47), Prof. Newton says that
“It has so long been the custom to place the Owls next to the diurnal
Birds-of-Prey that any attempt to remove them from that position cannot

1900.] SHU FELDT—OSTEOLOGY OF THE STRIGES. 669

fail to incur criticism. Yet when we disregard their carnivorous habits
and certain modifications which may possibly be thereby induced, we
find almost nothing of value to indicate relationship between them.
That the S¢rzges stand quite independently of the Accifitres as above
limited can hardly be doubted, and, while the Asz¢éacz or Parrots would
on some grounds appear to be the nearest allies of the Accipztres, the.
nearest relations of the Owls must be looked for in the multifarious group
Picarie, Here we have the singular Steo/ornis, which, long confounded
with the Cafrimulezde, has at last been recognized as an independent
form, and one cannot but think that it has branched off from a common
ancestor with the Owls.”

And the same excellent authority in the volume just quoted, under
the article ‘‘ Owl’’ further says, on page 89, that

“The Owls form a very natural assemblage, and one about the limits ot
which no doubt has for a long time existed. Placed by nearly all syste-
matists for many years as a Family of the Order Accipitres (or whatever
may have been the equivalent term used by the particular taxonomers),
there has been of late a disposition to regard them as forming a group of
higher rank. On many accounts it is plain that they differ from the or-
dinary diurnal Birds-of-Prey, more than the latter do among themselves ;
and, though in some respects Owls have a superficial likeness to the
Goatsuckers, and a resemblance more deeply seated to the Guacharo,
even the last has not been made out to have any strong affinity to
them.!

“A good deal is therefore to be said for the opinion which would re-
gard the Owls as forming an independent Order, or at any rate Sub-
order, S/viges. Whatever be the position assigned to the group, its sub-
division has always been a fruitful matter of discussion, owing to the
great resemblance obtaining among all its members, and the existence
of safe characters for its division has only lately been at all generally
recognized.

‘“‘By the older naturalists, it is true, Owls were divided, as was first
done by Willughby, into two sections—one in which all the species ex-
hibit tufts of feathers on the head, the so-called ‘ears’ or ‘horns,’ and
the second in which the head is not tufted. The artificial and therefore
untrustworthy nature of this distinction was shown by Isidore Geoffrey
St. Hilaire (Aun. Sc. Naturelles, xxi, pp. 194-203) in 1830; but he did
not do much good in the arrangement of the Owls which he then pro-
posed; and it was hardly until the publication ten years later of
Nitzsch’s Prerylographie that rational grounds on which to base a divis-

1 This last remark rather borders upon inconsistency when strictly taken with
what this writer has said in his article «« Ornithology ” quoted in a former para-

graph above.

670 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dec. 7,

ion of the Owls were adduced. It then became manifest that two very
distinct types of pterylosis existed in the group, and further it appeared
that certain differences, already partly shown by Berthold (Bedtr. zur
Anatomie, pp. 166, 167), of sternal structure coincided with the ptery-
tological distinctions. By degrees other significant differences were
pointed out, till, as summed up by Prof. Alphonse Milne-Edwards (07s.
foss. dela France, ii, pp. 474-492), there could no longer be any doubt
that the bird known in England as the Screech Owl or Barn Owl, with
its allies, formed a section which should be most justifiably separated
from all the others of the group then known.

‘Space is here wanting to state particularly the pterytological distinc-
tions which will be found described at length in Nitzsch’s classical work
(English Translation, pp. 70,71), and even the chief osteological dis-
tinctions must be only briefly mentioned. These consist in the Screech
Owl section wanting any manubrial process in front of the sternum,
which has its broad keel joined to the clavicles united as a furcula,
while posteriorly it presents an unbroken outline.

“In the other section, of which the bird known in England as the
Tawny or Brown Owl is the type, there is a manubrial process ; the
furcula, far from being joined to the keel of the sternum, often con-
sists but of two stylets which do not even meet one another; and the
posterior margin of the sternum presents two pairs of projections, one
pair on each side, with corresponding fissures between them. Further-
more, the Owls of the same section show another peculiarity in the
bone usually called the tarsus. This is a bony ring or loop bridging
the channel in which lies the common extensor tendon of the toes—
which does not appear in the Screech Owl section any more than in the
majority of birds. The subsequent examination by M. Milne-Edwards
(Nouv. Arch. du Muséum, ser. 2, i, pp. 185-200) of the skeleton of an
Owl known as Phodi/us (more correctly Photodilus) badius, hitherto
attached to the Screech Owl section, shows that, though in most of its
osteological characters it must be referred to the Tawny Owl section, in
several of the particulars mentioned above it resembles the Screech
Owls, and therefore we are bound to deem it a connecting link between
them. The pterytological characters of Phofodi/us seem not to have
been investigated, but it is found to want the singular bony tarsal loop
as well as the manubrial process, while its clavicles are not united into a
furcula and do not meet the keel, and the posterior margin of the ster-
num has processes and fissures like those of the Tawny Owl section.
Photodilus having thus to be removed from the Screech Owl section,
Prof. Milne-Edwards has been able to replace it by a new form e/zo-
dilus from Madagascar, described at length by him in M. Grandidier’s
great work on the natural history of that island (Ozseaux, i, pp. 113-
118). The unexpected results thus obtained preach caution in regard to

1900. ] SHUFELDT—OSTEOLOGY OF THE STRIGES. 671

the classification of other Owls, and add to the misgivings that every
honest ornithologist must feel as to former attempts to methodize the
whole group—misgivings that had already arisen from the great diver-
sity of opinion displayed by previous classifiers, no two of whom seem
able to agree.

‘‘ Moreover, the difficulties which beset the study of the Owls are not
limited to their respective relations, but extend to their scientific ter-
minology, which has long been ina state so bewildering that nothing
but the strictest adherence to the very letter of the laws of nomencla-
ture, which are approved in principle by all but an insignificant number
of naturalists, can clear up the confusion into which the matter has been
thrown by heedless or ignorant writers—some of those who are in gen-
eral most careful to avoid error being not wholly free from blame in
this respect.”’

Did my space but admit of it, I would here republish even still
more of this admirable article of Prof. Newton’s, as in my opinion
it constitutes one of the most able short contributions that has
ever been added to the literature of this subject.

Upon consulting the Plates and text of so distinguished an au-
thority’s work as Prof. Max Fiirbringer’s Untersuchungen zur Mor-
phologie und Systematik der Vogel, we are to note that there the
Caprimulgi and Striges are considered as arising from a common
ancestral stock, the suborder Coracziformes of the Order Coracor-
nithes, and this last-named division is quite apart from the Order
Pelargonithes, which contains the Accipitres. This is the view
which is held by the present writer, and in so far as our United
States Owls are concerned I consider the suborder S¢riges is rep-
resented by the two families—(1) the S/igéde, containing the sin-
gle genus and species, Strix pratincola, and (2) the Budbonide,
which holds all the others—some eleven genera with the many
species enumerated above.

Mr. F. E. Beddard, in a very excellent little paper published
not long ago in Zhe /éis, says upon this point that

“the most obvious characters which distinguish the skull of S/zx from
that of the remaining genera have been pointed out by Milne-Edwards ;'
they are, firstly, the greatly elongated and narrow form of the skull in
Stix contrasted with the wide short skull of other types; secondly, the
relatively great thickness of the bones which make up the interorbital
septum in S/zx as compared with the extremely thin interorbital sep-
tum of other Owls.

1 Nouv. Arch., etc., p. 189.

672 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dee. 7,

“T find by a series of measurements of the skulls of the following
ty pes—

Strix flammea Bubo bengalensts
Strix sp? Syrnium indrant
Asio mexicanus Syrnium woodfordt
Speotyto cunicularia Ketupa javanica
Athene noctua Sceloglaux albifacies
Bubo maximus Nyctea nivea

that while S/zxr has the narrowest skull (the proportion of the greatest
breadth to length being in S¢rzx sp. inc. as 37.5: 62, in Strix flammea
36: 56), the other genera show a progressive widening of the skull ; this
culminates in Sfeotyto cunicularia, where the breadth is to the length
as 37:38. I do not give the exact measurements in the other species
mentioned in the present list, for the reason that such a table of measure-
ments would only be of value if it embraced the results of a study of a
larger number of species and of individuals. I may state, however,
that I have examined a large number of Owls’ skulls in the British
Museum Collection, including those of two other species of S¢rzx (viz.,
S. perlata and S. delicatula), and in no case do I find so long and nar-
row a skull as in the genus S/#zx. It may be worth while mentioning
that Sceloglaux albifacies has a skull which comes nearer to that of
Strix in its relative proportions than do the skulls of many other
genera. The reason which leads me to lay some stress upon this fact
is the opinion of Prof. Newton! that this curious Owl may prove to be
intermediate between the Sézg7dz@ and other Owls. I hope, however,
to be able, at some future time, to compare the skeleton of Sce/oglaux
with that of Szrzx.

‘Prof. Milne-Edwards, in his memoir upon Phofodilus, shows plainly
that this genus belongs to the Bubonine and not to the Strigine group
in the proportions of the skull and in the possession of a flattened
interorbital septum,

“There is one feature in the skull of the Striges, serving to distin-
guish the Sivzeid@ from the Budbontde, which has apparently escaped
the attention of Prof. Milne-Edwards. In Sé¢rzx? the prefontal processes
of the ethmoid are rounded and much swollen. In Sxéo and in all
other genera of Owls which I have had the opportunity of studying the
same processes are thin, leaf-like expansions, as they are in the Acc?-
titres diurne. With regard to the other points of difference in the
skull, I must refer the reader to Prof. Milne-Edwards’ memoir.” ... .

1 Encycl, Brit., art. « Owl.”
2 Mr. Beddard gives very excellent figures in this paper of the basal views of
the skulls of Strix flammea and Bubo bengalensis, but I have not reproduced
these, and the reader can find the points referred to in other figures illustrating
the present memoir and two views of the skull of S¢vzx in the Plates.

————o

1900. ] SHUFELDT—OSTEOLOGY OF THE STRIGES. 673

Of the bones of the foot, Mr. Beddard also says that

‘a comparison of the relative length of the phalanges of the third
digit appears to afford another character for the discrimination of the
Striging and Bubonine.

“In Strix (Fig. 1) the first phalanx of that digit is markedly shorter
than the second, phalanx. In Ado (Fig. 2) and in the other genera
the two phalanges in question are subequal.” ...

According to Beddard, in the paper we have been quoting,

“the principal osteological characters of the genus S7#zx, and which
apparently distinguish it from all others, are the following :

(1) The skull is relatively long and narrow.

(2) The palatines are straight, nearly parallel to each other ; they are
of approximately the same width throughout ; they almost conceal the
underlying maxillo-palatines, which are broader from above downward
than from side to side.

(3) The prefrontal processes of the ethmoid are rounded bones of
some width.

(4) The interorbital region of the skull does not form a thin plate
anteriorly, but is of considerable width from side to side.

(5) The sternum has but one notch on either side.

(6) In the foot the second joint of the third toe is considerably longer
than the basal joint.

(7) There is no bony ridge upon the tarso-metatarsus.

‘‘On the other band, in the Bubonide the skeleton has the following
characters :

(1) The skull is relatively broad and short.

(2) The palatines are curved, the hinder part of the bone being much
wider than the anterior region; the maxillo-palatines are very broad
from side to side.

(3) The prefrontal process of the ethmoid is a thin plate.

(4) The interorbital plate is thin and often fenestrated.

(5) The sternum has two notches on either side.

(6) In the foot the second joint of the third digit is subequal in size
to the basal joint.

(7) There is a bony ridge upon the under surface of the upper end of
the tarso-metatarsus.”’

1 In Athene noctua and Sfeotyto cunicularia these processes are very small
and are hidden by the palatines when the skull is viewed from the ventral
surface. The skull is broader in these two genera than in any others exam-
ined by me, and the maxillo-palatines are smaller.

674 SHUFELDT—O:TEOLOGY OF THE STRIGKES. [Dec. 7,

Sig. ros

Fig, 1, Right foot of Strzx flammea (nat. size), Fig. 2. Left foot of Bzbo
5 > = fo)

bengalensts (nat. size).

Both figures are sketches by the author from Beddard’s figures, and the one
of B. dengalensis will answer very well for any representative of that genus, as
LB. virginianus. a and 6 direct attention to the third digit where the subequality
of the basal phalanges is seen.

1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. 675

Mr. Beddard found these differences supported in the two
Strigine families in question by the dissimilarities that were ex-
hibited on the part of the tensores patagii and the syringes. He
presents very good figures of these last-mentioned structures as
they occur in S¢rzx flammea, Bubo maculosus and Scops leucotts.

Upon examining a skeleton (No. t8196) of our own American
Barn Owl (Strix pratincola) in the collections of the United States
National Museum, as well as the trunk skeleton of one in my pri-
vate cabinets, I find that there are a number of good characters,
referable to the osseous system of this bird, which are not noted by
Mr. Beddard in the list of characters I have quoted from him
above (see Pl. XIV, Fig. 21, and Pl. XV, Figs. 24 and 25). And
as these characters are quite distinctive when we come to compare
the skeleton of this Owl with a skeleton of any of the typical
Bubonide, | will enumerate them here:

(1) The vomer is notably large in St7x pratincola.

(2) And in it, comparatively, the lacrymal is avery large bone
and has considerable antero-posterior length.

(3) The manubrium on the sternum is aborted.

(4) The mid-lower point of the os furcula makes a pseudo-articu-
lation with the anterior carinal angle of the sternum. It has been
said that in very old Owls of this species anchylosis may take place
at this point.

(5) The antero-lateral angles of the ilia are produced forward
as prominent processes.

(6) An os prominens is not developed at the distal end of the
radius.

(7) The head or proximal end of the tarso-metatarsus is twice
perforated in the antero-posterior direction.

(8) Two vacuities are seen in the expanded portion of the proxi-
mal phalanx of the index digit.

This last-mentioned character reminds one of what we likewise
find in some of the American Cafrimu/gt.

Agreeing with other Owls, we find in S¢r¢x pratincola nineteen
free vertebre between skull and pelvis, and eight in the skeleton of
the tail, which count includes the pygostyle.

In the arrangement of the ribs we find them to vary ; a specimen
of Stix pratincola before me has a tiny pair of free ribs on the thir-
teenth vertebre; they are larger on the fourteenth ; while on the
fifteenth the rib does not join with the sternum on the left side, but

676 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dec. 7,

does so by a costal rib on the right. None of the ribs thus far
mentioned bear epipleural appendages. Now, in a specimen of
Asio wilsontanus, the first pair of tiny free ribs occur upon
the twelfth cervical vertebra; the next pair are considerably
larger, while those on the fourteenth have epipleural appendages,
and both connect with the sternum.

Strix pratincola also often has a pair of ‘ floating ribs ’’ behind
the last dorsal pair. In this Owl, too, we find a very large patella.
All Owls have a notably long fibula, while in S¢vzx it is quite per-
fect and comes down very close to the condyle of the tibio-tarsus.
The relative lengths of the bones of the lower extremity are rather
remarkable in Strix pratincola. In amounted skeleton (18196) in
the cases of the United States National Museum of this species, I
find the femur to measure 6.5 centimetres, the tibio-tarsus 11 cen-
timetres, and the tarso-metatarsus 7.9 centimetres.

As is now well known, a variety of species of Owls have asymmet-
rical skulls, an asymmetry that is due largely to a distortion of the
postfrontal and squamosal regions of the cranium. It may occur,I be-
lieve, upon either side. Audo virginianus, however, presents us with
no such character in its skull, and this Owl possesses a lofty superior
osseous mandible, with the nasal septum completed in bone, all to a
small space behind. In it, as in most Owls, the lower part of the
great spongy lacrymal is moulded upon the still larger maxillo-
palatine beneath ; the last also being a tuberous, spongy mass, of a
form something like a small chestnut, with the bulbous end to the
rear. ‘These maxillo-palatines do not meet each other mesially,
and they rest, on either side, upon the horizontal prepalatine blade
of the palatine bone (see Plate XII, Fig. 10).

In the lacrymal region a large foramen exists externally, the
walls of which are formed chiefly by the lacrymal, the nasal and
the maxillo-palatine. It passes into the rhinal chamber. As Mr.
Beddard has already pointed out, the pars plana in all of the Bubo-
nidine type of Owls is comparatively small and of a thin, plate-like
structure. It is quite small in. Budo virginianus, and in all of the
Owls wherein it exists, as we have just described it, it is so turned
as to form a partial rest for the eye anteriorly, rather than an
osseous partition between orbit and rhinal space beyond.

A very small vacuity may exist in the interorbital septum in
Bubo and some strigine forms related to that genus, but it is of by
no means a common occurrence.

1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. 677

All of the Owls I have ever examined possess basipterygoid
processes, and I have often wondered what species of these birds
Sir Richard Owen referred to when he wrote that they were absent
in Owls (see Anat. Verts., Vol. ii., p. 49).

On the superior aspect of the skull, such Owls as Budo are nar-
row in the frontal region between the margins of the orbits, and
the fronto-orbital processes are short and stumpy.

Another thing to be noticed in these large Owls is the prominent
manner in which the frontal region of the skull overreaches the
naso-premaxillary region in front of it. The frontal bones really
bulge forward here, creating a very striking feature, totally absent
in such a species as S¢vtx fratincola, and only moderately well de-
veloped in some other Owls. The Owl’s skull that shows it the best
of all the specimens before me is one from Bubo maximus, a Jap-
anese species, but it is by no means slightly marked in our own
Lubo virginianus (see Fig. 4).

Fic. 3. Basal view of the skull of Str¢x pratincola (No. 18196, U. S. Nat.
Museum). Adult; life-size.

678 SHUFELDT—OSTEOLOGY OF THE STRIGES. (Dee. 7,

Fic, 4. Basal view of the skull of Budo maximus (Japan) (No. 18227, U. S.
Nat. Museum). gvzx., premaxillary; mx., maxillary; p/., palatine; mx. f.,
maxillo-palatine ; s. £f., secondary palatine process; 4, lacrymal; /, frontal ;
v., vomer; £.f. pars plana; f7., pterygoid; d.p2., basipterygoid process;
pf, post-frontal ; sg.f., squamosal process; g., quadate; o7.f., orbital pro-
cess of quadrate; /m., foramen magnum.

Turning to the mandible of this last-mentioned species, we find
it to be of a broad V-shaped pattern, with rather a shallow sym-
physis ; truncate angular ends, with large inturned processes there ;
moderately high ramal sides, and always exhibiting a long, irregu-
larly-shaped ramal vacuity near the middle of the same. This ramal
vacuity is small in Strix pratincola.

Passing to the trunk skeleton and the skeleton of the limbs, we
have but little to add to what has already been pointed out in the
foregoing paragraphs of this memoir. With respect to the pelvis,

1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. 679

it calls to one’s mind the skeleton of many of the diurnal Raptores,
more than any other single part in the osseous framework of the
Owls is wont todo. Some of the Accipitres, however, possess in-
terrupted post-pubic elements; I have never observed this to be
the case in any American Owl. But aside from this character, the
general facies of the pelvis, say of such a species as Syrnzum nebu-
/osum, or many others, reminds us very much indeed of the pelvis
in certain species of Hawks.

This does not as a rule apply especially to the sternum, nor yet
to the shoulder-girdle. As we have already shown, the sternum in
all of the Budonide is strongly two-notched upon either side behind.

The outside pair of notches are usually very deep in representa-
tives of the genus Syrnzum.

Returning to Budo virginianus, we see that in the skeleton of
the arm the humerus is the only pneumatic bone, and the long
slender radius is interesting from the fact that it has the os promi-
nens articulated with its distal extremity, and a peculiar little
osseous arch is found upon the side of its shaft at the proximal
third of its continuity (see Fig. 5, os. f. and oa.).

The ulna is about three times the calibre of the radius, with the
distal moiety of its shaft nearly straight, while the preximal half is
gently arched. Bones of manus are all well-developed, but withal
present us with no very striking characters. The differences seen
in the expanded part of the proximal phalanx of index digit, re-
specting Strix and Budo, have already been pointed out above.

In the pelvic Limé we find all the bones nonpneumatic, and the
points of interest to be the great length of the fibula and the pecu-
liar form assumed by the tarso-metatarsus.

The characters of the joints of the toes have already been com-
mented upon above. With respect to the tarso-metatarsus, we
again meet with a bone that agrees in some of its features with the
corresponding part of the skeleton among some of the Accépitres.
The hypotarsus is single, prominent and placed to the inner side of
the shaft. Deeply and longitudinally excavated adown the entire
posterior aspect of its shaft, it is only partially so in frent, and
that for the proximal half of the bone. A bony bridgelet spans
the latter excavation just below the head of the bone and to its inner
aspect. This is also seen in Pandion among the diurnal Rapéores ;
and in that form, too, we note a very perfect fibula—that is, for an
ornithic type. Some other Hawks are not backward in that par-

. ticular.

680 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dee?.

Fic. 5. Radius of an adult specimen of Budo virginianus; drawn life-size.

The bone on the left-hand side is seen upon superior aspect; the one on
the right, upon anconal view, 0s. f., os prominens; oa., osseous arch.

1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. 681.

The femur in Strix fratincola appears to be pneumatic. All
Owls appear to be supplied with a large patella at the knee.

I shall now proceed to give a few selected extracts from my
memoir on Sfeotyto cunicularia hypogea, as 1 said I would do in
the Introduction to the present memoir. A superficial examination
of askeleton of Seozyzo is quite sufficient to convince us that its
affinities are with the bubonine Owls rather than with the genus
Strix. We will not then have to especially dwell upon this point.

Essentially, the characters of the skull and mandible of Speotyto
are briefly as follows:

Owing to its delicate structure, it is a skull of extreme lightness ;
and as to form, its greatest width lacks but little of its being equal
to its median longitudinal diameter. Vertically it is of moderate
height, while the cranial vault externally is markedly smooth and
rounded in the parietal and adjacent regions. The septum marium
is complete, the external osseous nostrils being somewhat rounded
ellipses in outline. Either lacrymal bone is free, and grooved
upon its outer aspect for the lacrymal duct. Superiorly, we are to
note in the frontal region that the skull is inclined to be narrow
between the upper orbital margins; and the supraorbital processes,
thrown outward and backward on either side by a frontal, are of
spiculaform proportions. ‘The thin interorbital plate or partition
may, and usually does, show one small central vacuity in it. The
nerve foramina are small and generally round in outline. Pars
plana is meagrely developed, and presents the characters of the
bubonine Owls generally. A quadrato-jugal bar is stout, and is
peculiar in that upon its superior aspect, at the junction of middle
and posterior thirds, it sends upward a transversely compressed
triangular process, that also exists as a character in the skulls of
Surnia and the Pygmy Owls among American species now at my
hand. Postfrontal processes are broad and conspicuous, while a
squamosal bone forms a great shell-like bulla that arches forward as
a shield to the external auditory aperture. The antero-superior
angle of this bulla, upon either side, fuses with the edge of the
postfrontal at the orbital periphery, thus creating a small foramen
there, which in the living bird transmits the tendon of the tem-
poral muscle. The skull of Sfeotyfo is symmetrical. Above the
foramen magnum a well-marked supraoccipital eminence is seen,
which is pierced mesially by a small and usually circular vacuity.

. 682 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dec. 7,

.

Fic. 6. Trunk skeleton, without the skull, of Aszo wilsonianus. Adult;! life-
size. at., atlas; @x.,axis; cv., cervical vertebree; c,c’, cervical ribs; d@v.,
dorsal vertebree; #, two of the dorsal series of ribs; s. 7, sacral rib; z.,
the unciform or epipleural appendage of the third dorsal rib; ¢. ~., costal
or sternal ribs (hemapophyses); /., pelvis; /., ilium; /s., ischium; 7,
pubis; a@.,acetabulum ; 77., ischio-iliac foramen; 0., obdurator foramen; c/w.,
caudal vertebree; Zy., pygostyle; s., scapula; ofs., os humero-scapulare ;
cZ,, clavicle; C., coracoid; S., sternum. (This figure is a lettered scheme
to Fig. 30, Plate X VIT.)

1900.) SHUFELDT—OSTEOLOGY OF THE STRIGES. 6383

As in almost all Owls, the mastoidal part of the quadrate is nota-
bly long; and the well-developed basipterygoidal processes are
present for articulation with the pterygoids. Palatines are not
very wide, and they are inclined to be bowed outward along their
lengths. Maxillo-palatines, too, are comparatively small and well
separated from each other in the median line. They are of the
same spongy structure that we see in the S¢riges generally. I am
inclined to think that the vomer never ossifies in Sfeoty/o, and, as
we know, it is very small in a number of other Owls.

This little Burrowing Owl possesses a mandible of a form com-
mon to most of its family. A large ramal vacuity is always present
in it upon either side, and the bone is pneumatic.

Speotyto has its orbits of comparatively large size, and the
_ sclerotal plates of the eye itself are strong and ample.

The hyoid arches are suspended from the base of the skull by
‘their usual attachments. In this Owl they consist of six separate
little bones, involving five articulations. The tips of the upturned
posterior extremities are about opposite the lower borders of the
temporal fosse, its two limbs diverging from each other at an
angle equal to that made by the lower mandible. The ceratohyals
are rather large in comparison with other bones. They are joined
both anteriorly and posteriorly by bony bridges, forming a fenestra
between them to be filled in by a thin membrane. The amount of
divergence they make from each other is less than that made by
the epibranchial elements of the thyrohyals. Anteriorly the bone
connecting them supports a cartilaginous glossohyal, while the pos-
terior connection presents for examination the usual smooth articu-
lating surface that enters into the arthrodial joint it makes with the
basibranchial. The first basibranchial and second _ basibranchial
are confluent, not a sign of the point of union remaining. The
latter bone is continued a short distance posteriorly by a tip of
cartilage. The anterior end of the first basibranchial is devoted to
the articular surface for the bone connecting the ceratohyals, form-
ing the joint mentioned above. It is concave from above down-
ward, convex from side to side, the lower lip being the longer. It
will be plainly seen that this combination grants to the tongue a
movement in the vertical and horizontal planes. The anterior
articulating heads of the epibranchial elements of the thyrohyals
are opposite each other, each being received into the diminutive
acetabulum intended for it at the side of the united first and second

PROC. AMER. PHILOS. soc. XXxIXx. 164. Ss. PRINTED JAN. 19, 1901.

684 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dec. 7,

basibranchials, and most probably at the junction of the two latter
bones. These two elements are long bones having a cylindrical
shaft, terminating at either end in an articulating head. They are
the longest bones in the hyoidean apparatus, and have a gentle cur-
vature upward throughout their extent. The inner heads form an
arthrodial joint on either side with the outer heads of the cerato-
branchial elements of the thyrohyals. These, the last bones of
the arch, are joined in the manner already shown above. Their
inner ends are quite pointed, even as far as the bone goes, the ex-
treme points being finished off with cartilage. They curve up-
ward from about their middle thirds, and, like the first elements of
the thyrohyals, they are long bones, but with curved cylindrical
shafts, the outer end, however, being the only true articulating one.

The Spinal Column: Cervical Portion.—There are in Speotyto
fourteen cervical vertebree, each one having a more or less free
movement with the one beyond and behind it, the chain main-
taining in all positions some variation of the usual sigmoid curve
observable in this division of the vertebral column throughout the
class. The arrangement, as well as the direction, of the planes of
the zygapophysial articular surfaces allow considerable rotary move-
ment and bending in the vertical plane, with combinations of the
two. It isa common habit of this bird, among other of his antics,
to duck his head smartly downward and again upward, several
times in succession, upon being approached. ‘The calibre, as
well as shape, of the neural canal in this portion of the spinal
column varies at different points. It originates at the atlas as a
transverse ellipse, with a major axis of four millimetres and a
minor axis of a little less than three millimetres ; this is about the
maximum capacity throughout the entire canal. From the atlas to
the sixth or seventh vertebra the ellipse gradually approaches the
circle, with a marked diminution in size, its diameter being at the
seventh about two millimetres in any direction. From this point
to the twelfth, inclusive, it rises as it fell from the atlas, and in the
same manner, when we again discover a transverse ellipse, perhaps
a jot smaller than the one described in speaking of the atlas. In
the thirteenth the canal is smaller than, though in all other respects
it resembles, the twelfth ; but an abrupt change takes place in shape
as we pass to the fourteenth or last cervical, where the form of the
neural tube suddenly approximates the circularity of the dorsal ver-
tebre. The vertebral canal begins, circular, on either side at the

1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. 685

third cervical vertebra, most of its length being immediately
beneath the prezygapophyses of each segnient. It is formed in
the usual manner by the di- and parapophysial processes uniting
laterally with the pleurapophysial elements. Small at the cephalic
extremity of the column, its calibre gradually increases in each
vertebra as we proceed toward the thoracic extremity, until it
attains its maximum capacity at the eleventh vertebra. In the
twelfth the integrity of its walls is lost by a parting of the par-
and pleurapophysial elements, with a disappearance of the former,
leaving it no floor, so that in this vertebra it ceases to be a closed
canal. The most prominent object presenting itself for examina-
tion in the atlas, superiorly, is the deep reniform cavity for articu-
lation with the occipital condyle of the basi-cranii. Below and
posteriorly there is another articulating surface, convex for the cen-
trum of the axis and concave for its odontoid process, accurately
meeting the opposed surface of this vertebra and forming the
atlo-axoid articulation. A lip of bone, a portion of the hypa-
pophysis of the vertebra we are now describing, projects
downward and shields this joint in front, overlapping indeed
a good part of the axis. The neurapophyses of the atlas
are slight in structure. The concave postzygapophyses articulate
with the convex prezygapophyses of the axis. The bone is
devoid of a neural spine. In the axis we find both an hypapophysis
and neural spine developed, the former being produced from the
ridge on the anterior aspect of the centrum of the bone. The
odontoid process arises vertically from the posterior margin of the
upper surface of the centrum. Its summit and anterior face are
convex and articulating, while behind it is flat and continuous with
the spinal canal. The facet for articulation with the centrum of
the third vertebra looks downward and inward, is convex from side
to side and concave in the opposite direction. The postzyga-
pophyses are concave, look downward and outward, the conditions
in the prezygapophyses being exactly the opposite; this is the rule
throughout the cervical portion of the column. After we pass the
atlas and axis, we find in the third cervical vertebra here, as in
most vertebrates, parts that are common to the series of this por-
tion of the column, deviating but slightly from each other as we
examine them 7% seriatim,; but gradually as this deviation pro-
ceeds some requisite condition is brought about when the climax is
attained. The fact of the presence of a neural spine on the axis is

686 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dec. 7,

conveyed, though in a less marked degree, to the third or next ver-
tebra below, where it occupies a position about the middle of the
bone. As we pass toward the dorsal region this process becomes
less and less prominent, being found set farther back on each suc-
cessive vertebra; it disappears about entirely at the tenth, after
which it rapidly begins to make its appearance again, assuming its
former position in the middle of the vertebra, being quite evident
in the twelfth in the shape of a pointed spine, while in the four-
teenth it has the quadrate form, with extended crest, much as we
see it inthe true dorsal vertebre.

In the third vertebra the space between the pre- and postzyga-
pophyses is almost entirely filled in, a minute foramen on either
side alone remaining, by a lamina of bone extending from one pro-
cess to the other, giving to this vertebra a much more solid appear-
ance, which in reality it possesses above that attained by any of its
fellows. This bony lamina is reduced in the fourth vertebra to a
mere ‘‘interzygapophysial bar ’’ connecting the processes, while in
the next succeeding one or two vertebre it occurs only on the pre-
zygapophyses more as a tubercle, being directed backward, then
disappearing entirely, to be found again only on a few of the last
cervicals as an ill-defined knob, still retaining its original position.
The diapophyses at first project nearly at right angles from their re-
spective centra, then approach the median line by being directed
more backward near the centre of the cervical division of the column,
and on nearing the dorsals again gradually protrude more and more
directly outward. The prezygapophyses of the ninth cervical sup-
port well-marked anapophysial tubercles, which are feebly de-
veloped also on avertebra or two above and below the ninth. The
joints between the bodies of the cervicals of this Owl are upon the
same plan as those found throughout the class; the anterior facet
being concave from side to side, convex from above downward,
the reverse being the case with the posterior facets, and when
articulated fitting accurately into each other. The pleurapophysial
elements, well marked in all the cervicals after passing the axis,
become in the thirteenth vertebra a free cervical rib, about three
millimetres in length, without neck or true head, being merely
suspended on either side from the diapophyses of the vertebra, and
freely movable on its exceedingly minute articulating facet.

Attached to the last cervical we find the second pair of free ribs,
about two-thirds as long as the first_ pair of dorsals or true ribs of

wat

1400. ] SHUFELDT—OSTEOLOGY OF THE STRIGES. 687

the thorax. These terminate in pointed extremities and articulate
with the vertebra by both capitula and tubercula, the former on
elliptical facets, placed vertically on either side of the centrum at
the anterior margin of the neural canal, and the latter on rounded
facets beneath the transverse processes. The tubercle on one of
these ribs is nearly as long as the neck; at the junction on the pos-
terior side is found a pneumatic foramen of considerable size.
These ribs are more or less flattened above from before backward,
being convex anteriorly, concave posteriorly, becoming rounded
below. From third to ninth vertebra, inclusive, appear beneath
the vertical canal anteriorly well-developed styliform parapophysial
processes, directed backward and downward. They are _ best
marked on the segments on the middle of the neck. There is no
instance in this bird of these processes being produced so far back-
ward as to touch the next vertebra below; their tips, as a rule,
about overhanging the middle of the centrum of the vertebra to
which they belong. We have found in specimens of Budo virgint-
anus the parapophyses of the fourth vertebra overlapping and touch-
ing the fifth for a millimetre or more. The third and fourth cervi-
cals have, beneath in the median line posteriorly, strongly devel-
oped hypapophyses, quadrate in form, a process that exhibits itself
anteriorly on the fifth vertebra merely as a small tubercle. On the
sixth this tubercle has disappeared, and has been supplanted by two
others that are now found just within the periphery of the anterior
facet of the centrum beneath, and on the parapophysis of each side,
they being inclined toward each other. ‘These processes, now a
‘double hypapophyses developed from the parapophyses, continue to
increase in size and inclination toward each other on the next three
vertebra, so that on the ninth, where they last appear, they nearly
form a closed canal. The passage between them is intended for
the carotids, to which they afford protection. ‘The hypapophysis of
the tenth, eleventh and twelfth vertebrz is single, large, quadrate
and directed forward and downward. ‘There are three on each of
the last two vertebree, each having an independent root, the two
lateral ones directed downward, forward and outward, with charac-
teristics similar to the one in the median line. Several pneu-
matic and nutrient foramina perforate each cervical vertebra at
various points, except in the axis and atlas, where, after diligent
search, aided by the lens, we have signally failed to discover them.

Dorsal Vertebre; Vertebral and Sternal Ribs ; Sternum.—The

688 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dee. 7,

dorsal vertebrze number five ; the anterior one articulates with the last
cervical and the last dorsal with the first sacral. Although the
dorsals of this bird fit very snugly to each other, it requires no
further masceration to separate them from one another than it does
to remove the ribs from their attachments. This close interlock-
ing, however, greatly diminishes the movement of this division of
the spinal column, bestowing upon it a rigidity only exceeded by
the anchylosed vertebrz of the sacrum ; yet, it must be understood,
they do enjoy, in this Owl, a considerable degree of movement,
especially laterally. The neural spines have here attained their
maximum development, forming, when taken together, an elevated
and compressed median crest, with a thickened summit, and hav-
ing a firm hold upon the remainder of the vertebree below. Taken
separately, the last is the smallest, the fourth next, and the second
and third the largest. Their anterior and posterior borders are
concave, allowing, when articulated, spindle-shaped apertures to
exist among them, while their summits are produced backward and
forward, thickened and wedged into each other. This wedging is
performed in the following manner: The posterior extremity of the
crest forming the summit of the neural spine of the first dorsal
divides and receives the anterior extremity of the crest of the
second, Thissame arrangement exists between the second and third,
and at the summit between the third and fourth, immediately below
the junction, also divides for a little distance and receives the edge of
the posterior rim of the third, just beneath the union of the crests.
This latter method of joining is feebly attempted between the fourth
and last. The neural canal is nearly cylindrical in the dorsal
region, its calibre being less at the sacral extremity and rather
compressed from side to side, as are the centra as we approach that
end, each one being a little more so than its neighbor beyond.
Viewing these five vertebrz from above in the articulated skeleton,
we observe the spinous crest already described ; we are struck with
the regularity with which the postzygapophyses overlap and adjust
themselves to the prezygapophyses from before backward, the
facets of the former facing downward and outward, the opposed
surfaces of the latter facing upward and inward. The transverse
processes are horizontally compressed and rather broad ; the neural
spines jut from them at right angles from points about their
middles. There is an inclination for the latter to be directed
slightly backward as we near the sacrum. The diapophysis of the

1900. ] SHUFELDT— OSTEOLOGY OF THE STRIGES. 689

first dorsal is the shortest and stoutest, that of the last the most
delicately constructed. Superiorly, these processes support meta-
pophysial ridges at their extreme outer borders. These ridges on
the transverse processes of the first dorsal are the largest, being
rounded at both ends, and extending a little backward and for-
ward, but far from touching the ridge either in front or behind
them. The metapophysials of the last dorsal are smaller, being
sharp, styliform and project only forward, not touching, however,
the transverse processes in front of them.

On the intermediate vertebre they change gradually between
these two extremes, but in no instance meet the transverse processes
of the vertebra before or behind them, and thus constitute an addi-
tional aid to the rigidity of the back, as it does in other species of
this family and in many other birds. The centra increase in depth
beneath the neural canal the nearer they are to the sacrum. In the
first dorsal the body measures about one millimetre, the vertical
diameter of the canal being three; in the last dorsal it equals the
diameter of the canal. ‘The interarticular facets are in the vertical
plane, with their concavities and convexities opposed to each other,
as they were described when speaking of the last cervical vertebre.
The bodies are about of a length, constricted at their middles and
expanding toward their extremities. The first two ‘dorsals each
bear in the median line, beneath, a hypapophysial process of con-
siderable size, affording abundant surface for attachment of some of
the muscles of the neck. ‘The process of the first dorsal has one
common trunk, with a compressed midprong and two lateral and
pointed subprocesses. ‘The second dorsal possesses a single long
hypapophysis, quadrate in form, dipping into the chest further than
the first. There is not a trace on the remaining dorsals of this ap-
pendix. Parapophysial processes, so prominent in nearly all the
cervicals, afford in the dorsal vertebrze simply articulating facets
for the capitula of the ribs situated just within the anterior margin
ot the neural canal of each centrum, never extending to the verte-
bre beyond, forming the demi-facet of andranatomia. Imme-
diately above these facets, on either side, may be noticed a group
of pneumatic foramina, of various sizes and shapes, and again, an-
terior to these foramina, the rim of the body of the vertebra for a
limited distance becomes sharply concave, being opposite to a like
concavity in the next vertebra, the two, when opposed and articu-
lated, forming the oval foramen for the exit of the dorsal nerves.

690 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dee. 7,

Elliptical articulating facets for the tubercula of the ribs, looking
downward and outward, are seen on the inferior ends of the transverse
processes, with a midridge running from each facet to the base of the
process, to be expanded and lost on the sides of the centra. As there
are five dorsal vertebrae, so there are five dorsal ribs articulating with
them and with the sternal ribs below. Each rib is attached to a sin-
gle vertebra, as shown while speaking of the dorsals. The neck of
these ribs become more elongated the nearer they are to the pelvic
extremity of the body, the first possessing the shortest. This is
exactly reversed in regard to the pedicles bearing the tubercula,
being the longest in the first rib and shortest in the last. This
contraction of the pedicles is progressively compensated for by the
lengthening of the corresponding and respective transverse pro-
cesses of the vertebra to which they belong. Viewing the ribs from
the front, in the skeleton, the curve they present resembles the
quadrant of a shortened ellipse, the vertex of the major axis being
situated at the base of the neural spines; viewed laterally, the curve
is sigmoidal, though a much elongated and shallow one, with the
hemapophysial extremity looking forward and the facet of the
tubercle backward. The first rib is the shortest and generally,
though not always, the broadest; the last being the longest and
most slender, the intermediate ones regularly increasing in length
and diminishing in breadth from the first to the last. In form, the
ribs of this Owl are flattened from side to side, widest in the upper
thirds, narrowest at their middles and club-shaped at their lower
extremities, where they articulate with the sternal ribs by shallow
facets. On the inner surfaces we find the necks produced upon the
bodies as ridges, running near their anterior margins and becoming
lost at about the junction of the upper and middle thirds in the
body of the rib. Pneumatic foramina, from two to three in number
and of considerable size, are found just within the commissure be-
tween neck and tubercle, posteriorly. -All the vertebral ribs bear a
movably articulated epif/eural appendage, each resting in a shallow
cavity designed for it upon the posterior borders. They leave the
rib at right angles, but soon turn upward with a varying abrupt-
ness. The appendage of the first rib is situated lowest of any on its
rib, that of the last the highest ; the facets of the others are found

in the line joining those of the first and last. They all make acute’

angles with the bodies of the ribs to which each belong, above their
points of insertion. The angle made by the last is the least, and it

1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. 691

increases to the last. The epipleurals of the leading ribs are the
widest and generally the longest. The one on the second rib ina
skeleton of this bird now before me is as wide as the rib at the
point from where it starts; the one on the last rib being always the
smallest.

Clubbed at their superior extremities, each one overlaps the
rib behind it, and in this manner adds stability to the thoracic pa-
rietes, which is undoubtedly the function these little scale-like
bones were intended to fulfill. The sternal ribs connect the vertebral
ribs with the sternum. There are six of them, one articulating with
each vertebral rib, and having a concave facet to receive it, while
the last meets the sacral rib above and articulates with the posterior
border of the fifth below. The first one is the shortest and most
slender of all; the fifth is the longest. With the exception of the
last, their superior ends are enlarged and compressed from side to
side, while below their middles they become smaller; then turn-
ing upon themselves, suddenly enlarge again, so as to be flattened
from before backward, when each terminates by a transverse artic-
ular facet for articulation with the sternum. Quite an interspace
exists between their facets of articulation. They all make a gentle
curve upward just before meeting their respective ribs. The sternal
rib that articulates with the sacral rib is inserted in a long, shallow
groove on the posterior border of the sternal rib that articulates
with the last dorsal one, but does not meet the sternum, simply ter-
minating in a fine point on the posterior border of the sternal rib
mentioned. From before backward the sternal ribs make a grad-
ually decreasing obtuse angle with the vertebral ribs, while the
angle they make with the sternum is a gradually increasing acute
from the fifth to the first. On the anterior surfaces of their ex-
panded sternal ends are to be found on each a minute pneumatic
foramen or two. ‘The anterior third of the lateral borders of the
sternum is the space allotted for the insertion of these bones.

The Burrowing Owl being a bird not possessed of any consider-
able power of flight, or the necessity of having that flight ever long
sustained, a circumstance arising from the life it has come to lead,
we would naturally expect to find, in the course of a study of its
anatomy, those characteristic modifications of the various systems
which pertain to species of the class in which that gift has always
been. a secondary consideration. Nor are we disappointed in this
expectation, for a glance at the size of the sternum of this Owl,

692 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dee. 7,

when compared with the remainder of its skeleton with regard to
areas for muscular attachments, reveals to us the disproportion of
the surface supplied by that bone for the attachment of the pecto-
rals. That its dimensions are relatively contracted is proved by
actual comparative and proportional measurements of the bones
with other species of its family, individuals of which, at the best,
are not noted for their powers of flight, as a rule, and of a conse-
quence the sternum does not present so prominent a feature of the
skeleton as it does in other species of the class Aves where vigorous
flight is habitual. The concave dorsal aspect of the body is smooth,
being traversed in the median line by a very shallow groove that les
immediately over the base of the keel. This groove terminates,
within five millimetres of the anterior border, in a litttle depression,
at the bottom of which are discovered pneumatic foramina, two or
more in number, leading to the anterior vertical ridge of the carina
beneath. Other minute openings for the admission of air into
the interior of this bone are seen among some shallow depres-
sions just within the costal borders. The bone does not seem to
be as well supplied in this respect as it is in some other Owls. The
costal borders supporting the transverse articular facets for articula-
tion with the sternal ribs occupy anteriorly about one-third of the
entire lateral border on either aide. At the bases of the majority of
the depressions that occur between these facets are found other
pneumatic foramina. The anterior border is smooth and rounded,
with a median shallow concavity occupying its middle third. At
its extremities, laterally, the costal processes arise with a general
foward tendency at first, but with their superior moieties directed
backward. ‘The costal borders terminate at the posterior borders
of these processes at a higher level than the anterior margin does
at their anterior borders. The coracoid grooves are just below
the anterior border. They are deep, continuous with each
other, having a greater depth behind the manubrium in the
median line than observed at any other point. Their gen-
eral surface is smooth and polished, looking upward and forward,
and lying principally in the horizontal plane. They melt away
into the body of the bone laterally at points opposite and not far
distant from the posterior articulations on the costal borders. The
margin that bounds them below is sharp, travels at right angles
from the median line, at first to a point posterior to the costal pro-
cesses, then making a little dip downward, then again curving up-

\
1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. 693

ward, disappears gradually with the groove it bounds. That por-
tion of it from the point where it changes its direction to its ter-
mination is described by authors as the subcostal ridge. The ma-
nubrium, occupying its usual position in the middle line, is com-
paratively small, quadrate in form, compressed below, slightly
notched and flattened above, its posterior surface forming the inner
anterior surface of the coracoidal groove. All the borders bounding
the posterior parts of the bone are sharp ; the lateral ones, taken from
the apices of the costal processes to their other and lower termina-
tions, are concave. As is the arrangement generallyamong Owls, the
xiphoidal extremity of the sternum is four-notched, two on either
side, the outer notches being the deeper. Both have rounded
bases, and the processes that separate them are ample and possess
rounded extremities. The border upon which the keel ends poste-
riorly is square, though we have met with specimens in which it was
slightly notched in the median line. The body is oblong, and if
we include the xiphoidal processes on either side, has a length half
as long again as its width. The ventral and convex surface, like
the dorsal, is smooth and presents but two points for examination.
The pectoral ridge, faintly marked throughout its extent, originates
on each side at a point near the outer borders of the coracoid
grooves, running inward and backward, and dies away at the base
of the keel near its middle. This little ridge denotes the line be-
tween the pectoralis major and minor. The keel is moderately
well developed, the distance from the base of the manubrium to the
carinal angle being equal to the distance from the same point at
the base of the manubrium to the base of either costal process or
outer anterior sternal angle. It is compressed, smooth and thin,
but its stability is greatly aided by the carinal ridge on either side,
which commences strong and well-marked at the base of the manu-
brium, just within the anterior border, running parallel with the
latter, and disappears as it approaches the carinal angle. The ante-
rior border of the keel is sharp and concave ; the inferior border
is convex, with the edge slightly thickened. The point of inter-
section of these two borders anteriorly is rounded and forms the
carinal angle. The inferior border expands posteriorly, and the
keel terminating a short distance before arriving at the posterior
sternal border, the two become blended with the surface of the
body of the bone.

Sacral Vertebre and Coccygeal Vertebre.—In the sacrum of the

694 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dec. 7,

Owl now under consideration, with the exception of a few faint
lines indicating the original individuality of the vertebrze, these
bones are thoroughly anchylosed together and to the ossa innomi-
nata. From inspection of this compound bone in immature birds
we find the usual number of sacral vertebree composing the sacrum
to be thirteen. The anterior face of the first possesses all the ne-
cessary elements for articulation with the last dorsal. The neural
spine has a thickened crest that soon meets the ilia on either side;
its anterior edge is thin, and gives attachment below to the inter-
spinous ligament. The neural canal is circular and the prezyga-
pophyses well marked. ‘The articular facet of the centrum is in
the vertical plane, with its curvatures similar to those ascribed to
the anterior facet on the centra of the dorsals. | The neural spines
are broad and the transverse processes are strong and raised, with
their enlarged extremities expanded upon and firmly united
with the iliac bones. There is but one pair of sacral ribs, and they
are free ones. Long and slender, they articulate with the first
vertebra in the usual manner, but the relation is much more inti-
mate, as they touch the diapophyses for some little distance
beyond the tubercula toward the capitula. The lower extremities
of these ribsare terminated by little roundish knobs, which articu-
late with the corresponding sternal rib on either side, described
above as being inserted in the posterior border of the fifth sternal
rib. Viewing the bone dorsal-wise, it is to be seen that the thick-
ened crest of the neural spine of the first vertebra protrudes from
the angle made by the ilia meeting it anteriorly to a greater or less
distance. This broad and compressed crest, then continued back-
ward, is firmly wedged between the ilia until we pass the third ver-
tebra; at this point the ilia diverge from each other to another
point just anterior to the acetabula, then converge, terminating in
the posterior sacro-iliac border, within five or six millimetres of
each other. The sacrum completely fills in the lozenge-shaped
space thus formed from the third vertebra—first, by continued
broadening and compression of the neural spine, that soon becomes
one with the others of the series; and secondly, by the expanded
extremities of the di- and parapophyses, the processes themselves
also taking due part. The integrity of the surface is unbroken,
save posteriorly, where a few pairs of foramina exist among the ex-
panded transverse processes, increasing in size from before back-
ward. Anterior to a line joining the acetabula the surface is in the

1900. ] SHUFELDT—OSTEOLOGY OF THE STRIGES. 695

horizontal plane ; posterior to this line there is a decline, which
declination is accepted also by the innominate bones ; this gives the
entire pelvis a shape that seems to be characteristic of a majority of
both the diurnal and nocturnal Rapiores. The ‘ ilio-neural’’ canals
here present open but small apertures posteriorly at about the point
where the ilia commence to diverge, passing obliquely downward
and forward ; their anterior openings are large enough to allow a
view of their internal walls. The neural spine that divides them
throughout is compressed from side to side; the ilia which form
their outer boundaries are convex ; the neuro-spinal crest forms the
roof, the basal surface being deficient, formed merely by the spine-
like di- and parapophyses of the vertebrz and the confluent neural
arches. Now, a line drawn mesially on the centra below, from
the first centrum to the last, gradually rises until opposite the
anterior borders of the ischiadic foramina, then curves rather
abruptly downward to its termination. The centra of the first
two or three vertebrae are compressed from side to side to such
an extent as to cause them to appear wedge-shaped, the com-
mon apex or edge being below; after that, however, they rapidly
broaden, become compressed vertically and more cellular in
structure. They are very broad from the fourth to the ninth, inclu-
sive, then as rapidly become contracted as they approach the
coccyx. Minute but numerous pneumatic foramina are seen at or
near the usual localities. The largest foramina for the exit of the
roots of any pair of sacral nerves is generally in the fifth vertebra ;
they decrease in size as they leave them either way. In the young
only the last few of these foramina are double; they are all double
in the adult, and placed one above another, a pair on the side of
each centrum at their posterior borders. The tranverse processes
of the anterior five sacral vertebre are thrown out against the inter-
nal surfaces of the ilia, to which they are firmly attached, and act
as braces to hold the engaged bones together. The parapophyses
of the first form facets for articulation with the sacral ribs; the sec-
ond and third have none; in the fourth and fifth they also act as
braces in the manner above described, joining the ilia just before
their divergence commences. Reliance seems to have been placed
entirely in the completeness of the sacro-iliac union in the last ver-
tebrz, for the apophysial struts terminate in that portion of the
pelvic vault formed by the sacrum itself, except in the last two ver-
tebre, where the parapophyses abut against the iliac borders. The

596 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dee. 7,

Parapophyses of that vertebra which is opposite the acetabula are
prominent, they being long and ample, reaching to the border and
reinforcing that part of the pelvis that requires it the most, the
vicinity of the leverage for the pelvic limbs. In other Strig¢de
several apophyses are thrown out at this point. The posterior
opening of the neural canal in the last sacral vertebra is subcircular,
its diameter being about a millimetre in length. This vertebra also
possesses small postzygapophyses, looking upward and outward for
articulation with the prezygapophyses of the first coccygeal vertebra ;
the articulating facet of the centrum is also small, long trans-
versely, notched in the median line, the surface on either side
being convex, Atevery point where the sacrum meets the iliac
bones union is firm and complete, though both upon the internal
and external surfaces the sutural traces are permanently apparent.
The anterior iliac margins, as they diverge from the sacral spine,
form an acute angle, concave forward ; they have a well-marked
rim or border, nearly a millimetre in width, raised above the gen-
eral surface of the bone, which disappears on the outer borders as we
follow them backward. The two anterior and outer angles overhang
the sacral pair of ribs and fifth or last dorsal pair. From these last
the marginal boundaries, which necessarily give the bones their
form, are produced backward and outward to a point opposite the
centrum of the third sacral vertebra, then backward and inward,
forming at the above points two lateral angles. From the apices of
the two lateral angles to where the borders terminate on either
side in front of the acetabula with the pubic bones, the direction is
such as to form a concavity on each side; the line adjoining the
bases of these concavities, points opposite the posterior openings of
the ilio-neural canals, being the narrowest part of the pelvis. The
upper and at the same time the inner margins of the bones in ques-
tion form the anterior and median angle at first approach, soon to
diverge from each other and form the gluteal ridges and borders
of those scale-like projections of the posterior portion of the ilia
that overhangs the acetabula. Produced now as the “gluteal
ridges,’’ they tend almost directly backward, though very slightly
inward, to terminate in the ischial margins. ‘The preacetabular
dorsal iliac surfaces are generally concave, while the postacetabu-
lar, and at the same time that surface which occupies the higher
plane, is flat, having a slope downward and backward, with a ven-
tral reduplication after forming the rounded and concave posterior

1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. 697

boundary of the pelvis. The preacetabular superficial iliac area is
nearly double the extent of the postacetabular. The antitrochan-
terian facets that surmount the cotyloid cavities have the usual
backward direction, though their surfaces look downward, outward
and a little forward. The external surfaces of the ischia look upward
and outward, having just the reverse direction ventrally. Poste-
riorly these bones are produced beyond the ilia into finely-pointed
extremities, tending to approach each other. The slender pubic
bones, after closing in the obdurator foramen on either side,
touch and unite with the inferior borders of the ischia as far as the
pointed ends of the latter, beyond which they are produced nearly
to meet behind. The circular and thoroughly perforated acetabula
are formed in the usual manner by the three pelvic bones. They
have a diameter of about three millimetres, and their circumfer-
ences are in the vertical plane. The ischiadic foramina are ellipti-
cal and large; they are, as usual, posterior to the acetabular and
above the obdurator foramina. These last are also elliptical and
about one-third the size of the others. Viewing the pelvis ven-
tralwise, we observe, in addition to points mentioned when speak-
ing of the sacrum, the reduplication of the ilia, forming pockets
behind and internally, that open outward through the ischiadic for-
amina and inward into the general pelvic cavity. The narrowest
part of the pelvis measures 1.2 centimetres, the widest 2 centi-
metres, being taken between the iliac projections over the ace-—
tabula; the average length, including anterior neural spine, is 3 cen-
timetres. Pneumatic foramina occur in the shallow anfractuosities,
between the antitrochanters and gluteal ridges in the ilia. None
of the caudal vertebrz are grasped by the pelvis, the posterior ex-
tremity of the sacrum always assisting to form the posterior pelvic
border. The usual number of these vertebre is seven, though oc-
casionally an additional one is found, making eight in some indi-
viduals. This enumeration does not include the modified and ulti-
mate coccygeal vertebra, the pygostyle. They are all freely mova-
ble upon one another, and the first upon the last sacral vertebra.
The articular facets upon the centra vary in shape throughout the
series ; that upon the first is long transversely, with a double con-
vexity so arranged as to accommodate itself to the one on the ex-
tremity of the sacrum ; they soon become uniform, to pass to the
subcircular one existing between the last vertebra and the pygo-
style, on which it is concave.

698 SHUFELDT—OSTEOLOGY OF THE STRIGES. (Dee. 7,

The pleurapophyses and parapophyses are very rudimentary or
entirely suppressed. Each vertebra bears a prominent neural
spine, which, from the first to the sixth, inclusive, is bifurcated ;
in the last two it appears as a mere primitive knobule. The trans-
verse processes are all deflected downward and outward, very
small in the first and still more so in the last; are largest in the
fifth and sixth. Prezygapophyses are well marked ; they reach for-
ward and articulate with the feebly developed postzygapophyses.
In a few of the posterior segments there appears to be an effort on
the part of the neurapophyses to overlap the vertebra next beyond
them. The neural canal is pervious throughout, commencing in
the first with a calibre equal to that in the end of the sacrum; it
gradually diminishes and terminates in a minute, blind conical
socket in the pygostyle. Hypapophyses are produced downward
in a few of the ultimate vertebrae. They hook forward and articu-
late with the centrum of the vertebra next beyond them. Some-
times they are observed to be free, or rather resting upon a facette
on the anterior margin of one centrum and extending over to the
anterior margin of the centrum of the vertebra anterior to it, to
meet a similar facette, as a tiny styliform process. The spinal col-
umn is completed posteriorly by the pygostyle—that ploughshare-
shaped segment that articulates with the last coccygeal vertebra.
Above its cup-shaped facet this bone arises as a laterally com-
pressed plate, extending backward and bifurcated at its extremity,
as if to imitate the neural spines of the vertebrz of the series of
which it is an ultimate appendage. Below the facet it projects
forward and completes the median sequence of hypapophyses of
the centra, being rather larger than any of them. ‘The posterior
curve is simply inflected downward and forward from its apex.

The Scapular Arch.—The three elements that constitute this
arch are all represented, and all independent or free bones; the
coracoids articulate with the sternum and scapulz ;, coracoids and
clavicle, connected by ligaments, lend their share to form or
strengthen the shoulder-joints. The coracoid, comparatively large
and strong, forms in the usual manner an arthrodial joint of
restricted movement with the sternum, its lower end being in the
coracoid groove on the anterior part of that bone. The inner
angle of its base is about two millimetres from the mesial line, and
four millimetres intervening between it and its fellow of the oppo-
site side in the groove. This extremity is broad, its outer angle

1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. 699

being beneath the third sternal rib at its point of meeting the cos-
tal border; it is compressed from before backward. The articu-
lar facet, looking downward, backward and a little inward, is
transversely concave, with a slight dividing ridge running antero-
posteriorly, converting the general concavity into two smaller
ones. The coracoid, when in position, is produced upward, for-
ward and outward, making, with the verticai line through its
base, rather an acute angle. A limited portion of the middle
third of the bone only is subelliptical on section and at all shaft-
like, due to the fact that the coracoid in this bird being perhaps
less than the average length as compared with the size of the bird,
and, secondly, to the unusually enlarged extremities, features
observable, more or less, in Raftores generally. The anterior
groove of the upper extremity, that is arched over by the head of
the clavicle above, is deep and occupies fully the upper third of
the bone. The coraco-clavicular process springs, thin and com-
pressed, from the inner side of the shaft of the bone, at junction
of upper and middle thirds, to turn upon itself, so as to be pro-
jected upward, forward and a little outward, terminating with
an elliptical facet for articulation with the clavicle. The upper
border of this process is concave lengthwise and articulates
throughout its extent with the inferior margin of the acromial
process of the scapula. The lower and thin edge of the coraco-
clavicular process tends obliquely downward, to be lost on the
inner surface of the shaft of the bone near its middle. The outer
wall of the anterior groove is formed by the coracoid itself, the
process just described being really nothing more than a wing-like
extension forming the inner boundary of the groove in this bird ;
it terminates above both clavicle and scapula in a rounded tuber-
ous head. Below this head, anteriorly and still more inwardly, the
coracoid affords a vertical, elongated facet for the clavicle, while
behind, looking a little outward, is the concave elliptical facet that
constitutes about one-third of the glenoid cavity for the humerus.
Internal to this last, and running first directly upward, then mak-
inga right angle and continuing forward, a little upward and out-
ward, the last direction being the upper margin of the coraco-
clavicular process, is another facet, for the scapula. Behind and
below, this bone displays one or two lines and depressions, bounda-
ties of muscular attachments. In the middle of the anterior
groove, opposite the base of the coraco-clavicular process, the
PROC. AMER. PHILOS. SOC. XXXIX. 164. TT. PRINTED JAN. 19, 1901.

700 SHUFELDT— OSTEOLOGY OF THE STRIGES. [Deenv5

shaft of the bone is perforated ; this perforation is elliptical length-
wise with the shaft and passes directly through to make its appear-
ance on the posterior convex surface just below the scapula. This
foramen transmits a branch of that cervical nerve coming from
between the twelfth and thirteenth cervical vertebrae. This nerve
branch, after passing through the bone, is distributed to the under
surface of the pectoralis minor muscle, and its filaments ascend
among its fibers. This foramen is observable also in other Owls,
as Bubo virginianus, and in some of the diurnal Raffores, as in
Accipiter coopert ; in very many birds it is absent. This scapula
presents little that is unusual in that bone among the class gener-
ally. It lends the additional two-thirds of articular surface to
form the glenoid cavity with the coracoid; internal to this the
acromion process extends forward, touching the coracoid as de-
scribed and having a limited bearing on the clavicle. Posteriorly
its blade-like length is produced, expanding, turning slightly out-
ward, to terminate in an obliquely truncate extremity, with its
point over the second dorso-pleurapophysial interspace.

What the scapula lacks in interest is amply made up by the
changes observed in the last bone of the group, the clavicle. This
element is broad above, much compressed from side to side
throughout; it spans the anterior groove and touches the scapula
as described above, rapidly diminishing in size as it is produced
downward and inward by a gentle curve toward the fellow of
the opposite side. The upper extremities in adult birds are separ-
ated by an average distance of 2.3 centimetres. If the sternum
pointed to feebleness of flight in this little Owl, it is still further
carried out by the ill-developed clavicles, which constitute that —
arch in birds when they are thoroughly and firmly united below,
that assists to resist the pressure of the humeri when the wings are
depressed in flight, and send them back to their former position after
the completion of the action. In an old male Sfeoty/o, we find this
bone to be simply a pointed styliform process. In other individu-
als, however, and adults, too, the clavicle does not even attain to the
length there shown ; but, as if to bid defiance to any invariable ruie
governing its development, we again find in very young birds cases
where it becomes confluent with its fellow, forming a broad
U-shaped arch, though never a very strong one. In a case of this
kind the bone was finely cancellous throughout, with an extremely
attenuated layer of compact’ tissue outside, scarcely covering it.

1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. TOL

In the figures given in my memoir on Sfeofyfo and other indi-
viduals like it, the clavicles were pneumatic. Again, in both
young and old, it may have any of its lower parts completed by
cartilage; it never displays a mesial expansion of bone at the
point of confluence. As already shown, the superior entrance of
the anterior;groove on the coracoid is a complete circuit, formed
by the three bones of the group. The head of the coracoid over-
hangs it above; next below is the clavicle, closing it in anteriorly ;
lowest of all the scapula behind. A plane passing through the
superior margins of this aperture would look upward, inward and
backward. All the bones of the scapular arch are pneumatic,
with the exception sometimes seen in the clavicle; and the
foramina, to allow the air to enter their interiors, look into the
enclosed groove of the coracoid just described. In the scapula
the foramen is usually single and in the acromion process ; single
again inthe clavicle, it is seen in the broadest part of the head,
while in the coracoid there is generally a group of these little aper-
tures, situated in the depression on the surface that overhangs this
entrance to the coracoidal groove.

As in many others of the family, in common, too, with not a few
of the diurnal Raftores, this Owl possesses an os humero scapulare,
of the usual form, that increases the articular surface of the
shoulder-joint for the humerus.

Of the Upper Extremity.—The upper extremity consists of ten
distinct bones in the full-grown bird, omitting minute sesamoids
that may possibly exist. These are the humerus of the arm, the
radius,and ulna of the forearm, two free carpels, the metacarpal
and four phalanges. The humerus is a long, extremely light and
smooth bone, and when viewed from above in its position of rest,
with the wing closed, it reminds one of the curve in the small
italic letter /, being concave above toward the scapula. And this
bone is so twisted that this same curve is exhibited, though not
quite as well marked, when viewing it laterally. The humerus is 5.5
centimetres long, subcylindrical on section at midshaft, at which
point a minute aperture exists for the passage of the nutrient ves-
sels that are distributed to the osseous tissue and its internal lining.
This foramen enters the bone very obliquely, its external orifice be-
ing nearest the proximal extremity. This end is well expanded, and
surmounted above by a strongly developed radial crest that over-

hangs the shaft slightly toward the palmar aspect. It occupies a
°

702 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dee. 7,

line on the bone from the articular facet for the shoulder-joint to a
point one-third down the shaft. The ulnar crest, or lesser tuber-
osity, encloses quite an extensive fossa below, which acts also as a
partial screen to the pneumatic foramina, for the humerus is highly
pneumatic. These foramina usually consist of one circular open-

ing, surrounded by a group of many smaller ones. In young.

birds a very large foramen is generally present; this closes in as
age advances. Between the two tuberosities is the vertical and
elliptical convex facet for articulation with the glenoid cavity of
the shoulder-joint, constituting the ‘‘ head of the humerus.’’ The
radial crest displays palmad, a ridge for the insertion of the tendon
of the pectoralis major. The distal end of the humerus is also ex-
panded in the vertical plane and gently convex anconad—the re-
verse condition of the proximal extremity. It presents for exam-
ination the articular facets for the ginglymoid joint it forms with
radius and ulna and the superior and inferior condyles. The
larger, and at the same time the superior, of these two facets is
intended for the cup-shaped depression in the head of the radius,
as well as a portion of the articular surface on the ulna. It is
ovoid in form, and placed obliquely on the bone, the inferior end
of the long axis of the oval being situated the nearer the proximal
extremity of the shaft. This facet is separated from the trochlea
surface for the ulna by a well-marked depression; this latter is a
knoblike tubercle when compared with the radial facet. ‘The con-
dyles and the entire articular surface are about in the same plane
posteriorly—that is, neither increases the length of the bone one
more than another. Passing from the trochlea surface for the ulna
toward the inner aspect of the shaft, there is to be observed a
shallow depression, which corresponds to the olecranon fossa of
human osteology, and in full extension of the limb allows room for
that process of the ulnain this bird. The radius has an average
length of 6.6 centimetres, and the ulna a corresponding length of
6.8 centimetres, so that their distal extremities when articulated,
as we examine them in the closed wing, extend beyond the head
of the humerus. In this position also the radius occupies a higher
level than the ulna, and is the innermost bone of the two. The
radius is slender, the transverse diameters of its subcylindrical
shaft varying but little throughout its extent, though its extremities
are expanded. From the elbow-joint, when the two bones are in
position, it at first diverges from the ulna at a moderate curve, to

1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. 703

approach that bone again to nearly absolute contact at the junction
of middle and distal thirds by a more gentle curve; from this
latter point it lies parallel with the uina to the wrist. The head of
the radius is elliptical, being crowned by a depression for articula-
tion with the oblique facet on the distal end of the humerus.
Beyond, below, and to the outer aspect of this facet is another of
similar form, though convex, for articulation with the ulna, while
still more advanced toward the distal end we find the bicipital
tuberosity, and, beyond, the minute nutrient foramen, all of the
bones beyond the humerus being non-pneumatic. © The distal
extremity of the bone in question is terminated by a fanlike
expansion that caps the ulna and articulates by its anterior convex
margin with the radiale of the wrist. It is marked above by the
longitudinal groove for the tendon of the extensor metacarpi
radialis longus. The shaft of the ulna is nearly three times as
large as that of the radius. Its outer half is straight, its inner
curved toward the humerus, thereby increasing at the proximal
moiety the interosseous space by the assistance of the opposite
curve made by the radius. ‘The stronger end is the one involved
in the formation of the elbow-joint ; here is to be observed the
depression for the head of the radius, or the lesser sigmoid cavity,
while the articular surface beyond that occupies the entire end of
the bone, directed downward, inward and backward, presents for
examination the greater sigmoid cavity, the olecranon and coronoid
process, and the cavity for articulation with the oblique facet of
the humerus. The greater sigmoid cavity is subcircular and of
some depth; its lower and produced lip represents the coronoid
process, as does its upper, better-marked and more tuberous pro-
longation represent the olecranon of andranatomia. Extending
radiad is another concave, quadrate, articular facet for the oblique
tubercle of the humerus, as the first-mentioned concavity articulates
with the ulnar tubercle or trochlea. A little beyond this articular
surface are various small tuberosities and depressions for the origin
and insertion of muscles. Approaching the wrist the shaft is seen
to be generally smooth, and diminishes in calibre at junction of
middle and proximal thirds in the locality of the nutrient foramen,
while along its entire length at certain intervals are the slight ele-
vations for the apices of the quills of the secondaries. The distal
extremity of the ulna enters into the formation of the wrist joint ;
it is not nearly so large as the proximal end. ‘The articulating sur-

TO+ SHUFELUVT—OSTEOLOGY OF THE STRIGES. [Dec. 7,

face has a deep mesial cleft in the vertical direction, limited exter-
nally by an elliptical curve, internally by a double tuberous knob
for articulation with the irregularly formed ulnare of the carpus,
while above is a roughened surface that is covered by the expanded
end of the radius. The os prominens is not large in Sfeotyfo.

The carpus in the adult is composed of the ulnare and radiale.
The radiale articulates with radius, os magnum and ulna. ‘The
radial articulation is a rather deep and elliptical concave facet, its
lower border gliding over the ulna, while the distal end of the
radius plays in the concavity. ‘The opposite face of this six-sided
little bone is also smooth, and is a nearly flattened surface that
articulates with os magnum. ‘The upper and lower surfaces, as
well.as the ends, are simply roughened and fashioned to give the
proper form to that part of the joint into which it enters, and for the
attachment of ligaments. Os magnum has become confluent with
the mid-metacarpal, forming its trochlear surface for articulation
with radiale, ulnare and ulna. The ulnare is an extremely irregu-
larly shaped bone; it appears to be rather the larger of the two
free carpals, and is the lower in regard to position. It articulates
with ulna and os magnum simply. Its outer ulnar facet is elliptical
and shallow, monopolizing the entire face of the bone; its inner
facet is very irregular, being formed so as to accommodate itself to
the ulnar tubercles, with which it articulates. Projecting toward
the metacarpus, this little bone has two prongs or limbs, the inner
aspect of the extremities of each possessing a subcircular facet that
articulates, the outer and shorter limb with the internal trochlear
margin of os magnum, on the same side; the inner and longer
limb straddles the metacarpal and glides over the surface, during
movements of the joint, at a point about where magnum becomes
confluent with mid-metacarpal. The ulnare has also attached to it
ligaments that enclose the wrist-joint beneath—capsular ligaments of
the carpus.

The metacarpus is formed in the usual manner, by the amalga-
mation of the pollex, medius, index and metacarpals, the first,
second and third respectively. It is 3.3 centimetres long, articu-
lating with radiale, ulna and ulnare at its proximal extremity by
means of os magnum, that has become anchylosed with mid-
metacarpal and the phalanges at its distal end. ‘The first or pollex
metacarpal is short, and fused with the second just anterior to the
boundary of the trochlear surface of os magnum; it makes an

1900. ] SHUFELDT—OSTEOLOGY OF THE STRIGES. 705

angle with the shaft of the second metacarpal, its extremity being
directed upward. At its base, close to the shaft of mid-metacarpal,
it bears a uniform facette for articulation with the thumb, a free,
three-sided, pointed little bone, about nine millimetres in lengths
The second metacarpal is straight ; its enlarged proximal extremity is
formed chiefly by the confluent os magnum ; its shaft is inclined to
be subtrihedral, with its broadest face looking forward ; its distal
extremity is terminated by a knot-shaped enlargement, that is still
further enhanced by the confluence with the third metacarpal. It
bears a digit composed of two phalanges, the proximal one bearing
on its posterior border, for nearly its entire length, a quadrangular
expansion that has a raised margin, leaving a single concavity
radiad ; a similar concavity occurs on the ulnar side, but is there
divided by a ridge sloping downward into two shallow depressions.
This little bone somewhat reminds one of a cleaver, with the end of
its handle attached to the metacarpus. It supports at its distal ex-
tremity the second phalanx of this digit, a bone having very much
the same appearance and shape as the index digit, only being longer
and more pointed. The proximal ends of all the phalangeal seg-
ments are more or less expanded, in order to support the ample facets
of articulation that occur among them and the metacarpus. The
third metacarpal is expanded transversely above, slender below,
where it falls a little beyond the medius after its confluence with it.
It also has a small pointed phalanx, freely attached to its distal ex-
tremity, and lying in that recess formed by the shaft and posterior
expansion of the first phalanx of the second digit. At a very early
date, comparatively, in the life of this Owl, ossification is normally
extended to many of the tendons of important muscles of the anti-
brachium and pinion.

Of the Pelvic Limb.—The lower extremity is composed of twenty
distinct segments, including the patella, or just double the number
found in the pectoral limb. This increase will not surprise us
when we recollect the greater number of small bones devoted to the
foot above those found in the hand. Its most striking feature, next
to those osteological characteristics common to the family, is its
extreme length, due principally to the tibia and tarso-metatarsus.
All the bones of the lower limb in this species are non-pneumatic.
The femur is comparatively of good size and strong ; articulated in
the usual manner, it measures four centimetres in length and seven
millimetres across the condyles at their widest part. At the proxi-

706 SHUFELDT—OSTEOLOGY OF THE STRIGE*. [Dee. 7,

mal extremity, externally, above the shaft, there is a flat and
roughened surface, bounded above by the curved trochanterian
ridge. This surface forms the major part of the great trochanter.
There is no trochanter minor present. ‘The trochanterian ridge is
the highest part of the bone, when it is held vertically ; it lies in
the antero-posterior plane, with the femur in its natural position,
the bird standing erect; from it, sloping directly inward and
occupying the remainder of the summit between it and the head, is.
a smooth articular facet, broadest externally, merging into the
globular head internally.

With the head it constitutes the articular surface for the pelvis—
it being opposed to the antitrochanterian facet of the ilium, while
the caput femoris plays in the cotyloidring. The excavation for the
ligamentum teres on the latter is conical and deep, consuming a
good part of the bone; it is situated on its upper and inner aspect.
In looking into the relation existing among head, neck and shaft
of the femur of this bird, we must observe that if the straight line
lying in the middle of the surface of the internal aspect of the shaft
were produced upward, it would pass through the centre of the
facet, at the summit—if anything, nearer the trochanterian ridge
than it does to the head. ‘This facet also is notably narrower just
before arriving at the head than at any other point. Again, the
plane passing through the external and circular boundary of the
head makes an angle of a good forty-five degrees with this line, so
that with these facts in view we can hardly assert in the case of the
species before us, as do some authors on comparative anatomy in
describing this bone 7” genera/, that the head of the feumur is
either nearly at right angles with or is sessile with the shaft. It
would appear, though, that it has quite as much of a neck to boast
of as the anatomical neck of humerus or the neck of the scapula de-
scribed for man’s skeleton in works on human anatomy. The shaft
throughout its length, until it begins to approach the distal con-
dyles, where it is subcompressed and expanded antero-posteriorly,
is nearly cylindrical, bends slightly backward at its lower end, and
offers for examination merely the intermuscular ridges, with the
linea aspera feebly marked, and the nutrient foramen, all of which
maintain their usual positions on the bone. At the distal extremity
the rotular canal, the intercondyloid noteh and the popliteal fossa
are all strongly produced, giving due prominence to the condyles,
internal and external, between which they form the dividing tract-

1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. 707

The external and lower condyle is divided in two by a vertical
excavation, deepest above. Of the two facets thus formed, the
inner articulates with the tibia, the outer with the head of the
fibula. The external surface of this condyle is flat and continuous
with the shaft. The inner condyle, broad posteriorly, has a slight
depression in the surface that bounds it on the tibial side, and as a
rule the usual sites for ligamentous attachments about this extremity
are at best but feebly represented. The patella, encased in the
tendon of the quadriceps femoris, is situated about three millimetres
above the rotular crest of the tibia, anteriorly, having the form of
an oblate hemispheroid with its base directed upward, the long
diameter of which measures 3.5 millimetres. The tibia is the
longest bone in this bird’s skeleton, and at the same time, taking
this length into consideration, the least curved or bent along the
shaft; it has, however, a slight and appreciable gradual curva-
tive forward that is most apparent about the junction of middle or
upper thirds. Its average length, measured on the inside, is 6.7
centimetres ; its extremities being expanded for articulation, above
with the femur, below with the tarso-metatarsus. These expansions
are of about equal dimensions, though differing vastly in form; in
this respect being unlike some of the diurnal Raffores, in which
the distal condyles constitute the smaller end of the bone.

Among the most important points presented for examination
about the head is the articular surface that crowns it above for the
condyles of the femur. This is subquadrate in form, uneven,
highest at the anterior and inner angle, sloping gradually to the
opposite one, bounded almost entirely around by a raised margin,
that is most feebly developed posteriorly and at a point anterior to
the head of the fibula, where it is absent. In front, this border may
be nominated the’ rotular or epicnemial ridge, though it is no more
prominent there than at any other point ; but jn many birds it is so
produced as to form a process of some size, to which these terms
are applied. Externally and posteriorly the margin is roughened
for the attachment of ligaments that bind the head of the diminu-
tive fibula to this bone. In the middle of this articular surface is
to be seen a tuberosity, on either side of which are the depressions
for the femoral condyles. Produced downward, anteriorly, from
the rotular ridge are the cnemial ridges; these have their crests
bent slightly forward, and they merge into the shaft below, abreast
the superior point of the fibular ridge. Of the two, the outer or

708 SHU FELDT—OSTEOLOGY OF THE STRIGES. [Dec. 7,

ectocnemial is the shorter—that is, it does not extend so far down
the shaft as the inner or procnemial. They have between them an
ovate concavity, with the larger end above, the lower end subsiding
upon the shaft with the ridges themselves. ‘The vertical elevation
on the external aspect of the shaft for articulation with the fibula
runs down the side but a short distance; a little below its abrupt
termination may be observed, in a line with it, the nutrient
foramen, entering very obliquely from above downward. After
leaving the fibular ridge as far as the point where the bone begins
to expand transversely at the distal extremity, the shaft is remark-
ably smooth and nearly cylindrical. This transverse and distal ex-
pansion is @hecked, both anteriorly and posteriorly, by abruptly
meeting the distal condyles, the point of meeting perhaps being
rather the higher behind. The condyles, differing but little in size,
are singularly uniform as to shape, with their curved surfaces
downward, being flat on their outer aspects, with a raised rim
bounding them in each case. They stand out prominent and
apart. Anteriorly their convex surfaces are the widest, behind they
slightly approach each other, and the articular convex surface is
narrowest on the outer condyle. ‘The intercondyloid notch is deep,
and appears equaily well marked throughout its extent. Immedi-
ately above it, anteriorly, there is a deep triangular depression ;
another and more shallow one is found behind in the correspond-
ing locality. Up the shaft a short distance on the inner side,
anteriorly, is a little tubercle, to which is attached the ligament
that binds down some of the strong tendons of the extensors. This
ligament crosses the anterior triangular depression mentioned
above obliquely, to be inserted near the external condyle superi-
orly. This is the arrangement also in Budo virginianus, but in
some of the Hawks this ligamentous bridge has become thoroughly
ossified, forming a strong bony band across the concavity in ques-
tion. It is interesting to remark here, however general the rule
may be as applying to the diurnal and nocturnal Raffores, that
whereas this band is ligamentous in thé tibia in some of the Owls,
a bony one fuifilling the same function is found in them just below
the head of the tarso-metatarsus ; these conditions are just reversed
among some of the Hawks. Usually, in old birds of this species,
the fibula is firmly united to the entire length of the fibular ridge
of the tibia, a union almost amounting to anchylosis. Arching
outward, its head, surmounted by an antero-posteriorly elongated

2900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. 709

facet, rises a little above that bone at the point where it is attached
toit by ligament. This is the larger part of the shaft in regard to
size. Below the ridge this bone becomes simply a delicate little
spine, that merges into the shaft of the tibia at about the junction
of middle and distal thirds, though it may be traced after this as
far as the middle of the outer condyle, where it terminates by a
minute tubercle. The head is notched externally, near the centre,
and has lodged at that point a small sesamoid that is in the lateral
ligament of the knee-joint. Posteriorly on the shaft, about midway
down the superior tibio-fibular articulation, we observe a small
tubercle for the insertion of the tendon of the biceps. The long
segment that exists between the tibia and the phalanges of the
pelvic limb is the bone tarso-metatarsus, or the confluent metatar-
sals of the second, third and fourth toes with certain tarsal bones
at its proximal extremity. It measures down the anterior aspect,
mesially, 4.6 centimetres, and has its extremities enlarged for
articular purposes, in common with other long bones of the
skeleton. At its proximal end the bone presents superiorly two
concave articular surfaces for the condyles of the tibia. They
appear nearly on a level with each other, the bone being held verti-
cally. The inner and larger of the two is elliptical in outline,
antero-posteriorly ; the outer and smaller is fashioned off behind
by a tuberous process, directed upward and outward. Between
these two surfaces arises a prominent tuberosity that in the
articulated limb enters the intercondyloid notch of the tibia quite
accurately, and is intended for ligamentous attachment. Anteriorly
and internally a groove exists that runs down the shaft, to disap-
pear a little above its middle. This canal is deepest immediately
below the articular expansion, and is here bridged over by a little
arch of bone, a millimetre in width, that serves to bind down and
hold in its proper place the tendon of the long extensor of the toes.
Posteriorly there is a much deeper and longer tendinal canal that
extends the entire length of the shaft, being shallowest at the
middle and thost capacious at the proximal extremity; this is
bounded above and internally for a short distance below the head
of the bone by the hypotarsus, a thin lamina of bone that has a
foramen near its base ; this process is surmounted by an elliptical
and compressed tuberosity, placed vertically. Above, the opposite
wall of this groove is also thin, and extends in common with the
calcaneal process, directed backward. There are two other foramina

710 SHUFELDT—OSTEOLOGY OF THE STRIGES. (Dec. 7,

seen at this end of the tarso-metatarsus ; one just at the external
termination of the bony bridge mentioned above, and the other
outside and a little above it. Their posterior openings are immedi-
ately behind the anterior ones, or, in other words, they do not
pierce the shaft in any way obliquely. The shaft of this bone is
notably square on section for the major part of its extent, being
encroached upon, however, both before and behind, by the afore-
said tendinal grooves. The tendons, especially those that occupy
the posterior canal, are very prone to ossification, forming quite
sizable bones in the adult, the largest of these being equal to the
fibula in bulk, exclusive of course of the head of that bone, and not
being as long. Returning to the tarso-metatarsus, we find at its
distal extremity, for examination, the trochleze that articulate with
the rear segment of all the toes except hallux. Viewing this end
with the bases of these trochlez toward one, we find the general
outline made by them to be crescentic, with the horns having a
tendency to approach each other behind. ‘The outer trochlea is the
highest and longest from before backward ; the other two are about
on the same level, the inner one having a posterior and internal
process, while the middle one is possessed of a median cleft travers-
ing its face antero-posteriorly. They are sharply divided from each
other by narrow slits that extend up as far as the articulating part,
and are continued on the anterior aspect of the shaft for a short
way as delicate groovelets. A foramen is situated in the outer of
these that gives passage to the antcrior tibial artery, and is com-
paratively larger than is usually seen in the Owls. Behind, the
tendinal groove expands, and is bounded distally by the concave
border formed by the trochlee. Upon its internal margin, just
above the extremity of the bone, it shows an elongated but feebly
marked depression of about three millimetres in length. This
facet articulates with the os metatarsale accessorium, which is joined
to the bone by ligament. This little bone in this bird has an aver-
age length of four millimetres. It is twisted upon itself, and bears
upon one border a convex, smooth surface for the tarso-metatarsus,
while distally it has an articulating surface, resembling more the
mid-trochlea than any other, for the proximal segment of the
hallux. Above it is sharply grooved for the tendon that goes to
that toe. The toes are four in number, and their joints follow the
rule that governs the greater part of the class 4ves—that is, first,
second, third and fourth toes have two, three, four and five pha-

— —-_

4900. ] SHUFELDT—OsTEOLOGY OF THE STRIGES. EL

langes allotted to them, respectively. The first phalanx of the hind
toe is more compressed from side to side than in the other toes,
possessing more of the characteristics of the second joint. Its pos-
terior facet, that articulates with the accessory metatarsal, fits
accurately into the cleft surface seen on that little bone. Anteri-
orly the facet has a median groove, forming two vertical convexi-
ties for the double concave facet on the claw, with its dividing
ridge. The claws are all a good deal alike, varying in size, the
rear one being the most compressed laterally. They are pointed,
arched and nearly conical, the horny thecz that cover them during
life only being grooved on the under side. Their proximal ends
have an articulating facet for the next phalanx behind them; this
is so arranged that they can be more smartly flexed than any of the
other joints of the foot, due to the convex articulating surface
extending well beneath on the phalanx they meet. On the under
side of their proximal extremities is a tuberosity for the attachment
of the flexor tendons; it has on either side, below, an oval foramen
to allow vessels and a nervelet to pass to the extremities of
these ungual phalanges. ‘The first joint of the second toe, and
the first and second of the third, are thickest and short, articulat-
ing internally with the tarso-metatarsus, and having their facets so
arranged as to allowof motion only in the one plane. These bones
may almost be said to interlock with each other, with their superior
projecting processes behind fitting closely into the deep groove in-
tended to receive them on the anterior faces of the joints to their
immediate rear. The remaining phalanges of these two toes resem-
ble the proximal segment of hallux. The fourth or outside toe
possesses five phalanges, but the three innermost segments are very
short, and are really nothing more than one of the middle type of
phalangeal bones, such as the third on the mid-toe, divided into
three nearly equal parts, the proximal and distal pieces retaining all
the characteristics of that bone, while the middle segment is simply
a mid-section of the shaft. This arrangement, however, together
with the manner in which the proximal phalanx articulates with the
long and elevated trochlea on the tarso-metatarsus, gives this toe a
versatility and a power to be thrown outward and, to a limited ex-
tent, to the rear that is not enjoyed by any of the other toes, consti-
tuting as it does one of the interesting anatomical features that we
find in the family S¢rzgzde.

So much then for the osteology of Speotyfo. The account of it

TN SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dec. 7,

I have just given above sinks far into the realm of details, but occa-
sionally such descriptions are very useful, and it is hoped that it will
be found to be the case in the present instance.

There are at my hand two skeletons of the nestlings of the Great
Horned Owl ( Budo virginianus) that I secured from alcoholic speci-
mens presented me by Dr. Strode, of Bernadotte, Illinois. (See
Pl. X, Figs. 1-4.) They were taken by him at the time the birds
were on the point of quitting the nest to shift for themselves. Some
points of great interest are to be observed in either of the skeletons
of these Owlets, as in them all the separate osseous elements of this
part of their economy are still individualized. For example, in the
skull the small yet distinct orbito-sphenoids are seen to be ossified,
and the basitemporal is beautifully defined. The basipterygoid
processes are as well developed as we find them to be in an old bird
of the same species; while the interorbital septum is at this time
only performed in membrane. On the vault of the cranium the
sutures among the parietals, frontals, and squamosals are in close
contact for their entire marginal lengths; this is not quite the case,
however, with the bones of the base of the skull. The otic ele-
ments are likewise quite distinct, and the vomer has not as yet
ossified.

Passing to the remainder of the trunk skeleton, we note the usual
state of building up, by their elements, of the various vertebre all
throughout the spinal column ; and find, moreover, that ‘ree verte-
braze enter into the formation of the pelvic sacrum.

No bone at all is as yet to be detected in the sternum, although
the clavicles are now quite perfectly ossified, completely united
below, and the arch possesses no little strength. The remaining
bones of the shoulder-girdle, as well as the ribs, are well on toward
ossification, though in form they are still quite primitive.

In the wing all the elements are thoroughly independent of each
other, and the structure as a whole is always brimful of interest to
me. We find that the os prominens has not yet ossified, and only a
tiny nodule of bone can be detected either in the radiale or the
ulnare. The expanded part of the proximal phalanx of index digit
is entire, and all the finger-joints are pretty well ossified.

With respect to the pelvic limb we observe that the proximal ex-
tremity of the femur presents but a club-like end, and no hint is as
yet betrayed of the formation in bone of its head, neck or the
trochanter. At least three bony ossicles are to be discovered in the

900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. Tas

tarsus, as well as an ascending process of the astragulus. The latter
is quite conspicuously marked. Fibula is noted for its length, but all
signs of a fibular articular ridge on the side of the shaft of tibio-tarsus
are still wanting. The two bones simply lie alongside of each other,
faint indications of any coéssification being seen only at their distal
ends. Fusion is fairly well advanced among the metatarsal elements,
omitting, as I do of course, the small accessory one for hallux, which,
as we know, remains permanently free throughout life. Finally, the
bones of the feet are seen to be in a stage of ossificatory advance well
in keeping with the other elements of the limb of which I have just
been speaking.

Other Owls of the United States avifauna present us with very
interesting characters in their osseous systems. Upon examining a
skeleton of Asto wilsonianus (Pl. XV, Figs. 22 and 23; also Pl. XVII,
Fig. 30), we are confronted in it with a strigine skull quite different
in its pattern from anything we find in Buvdo. In conformation it
is symmetrical, so far as its auricular region is concerned. Both
nasal and interorbital septa are absolutely entire, and I have yet to
see a skull of this species that has a perforation in either of these
partitions. One of the most characteristic features is the manner in
which the postero-superior margin of either orbit is broadly flattened
out, while each supraorbital process is decurved, pointed and prom-
inent, and projects over the middle point of the orbit from above,
The tympanic bullz are large and open; the postfrontal processes
rather small and jutting well out from their bases. Behind these,
on either side, another long spiculiform process is sent down in front
of the quadrate. It is directed forward and downward. The pars
plana is upon the bubonine type, and the maxillo-palatines are of
fairly large size. Coming to the vomer we find it of some consid-
erable size, being pointed in front and fused with the palatines
posteriorly. Both the pterygoids and the quadrato-jugal bars are
straight and unusually slender for an Owl. The pterygoidal heads
of the palatine bones are conspicuously separated, a condition that
throws the anterior ends of the pterygoids themselves widely apart
in this skull. They are never in contact, I believe, in any Owl.
Asto is noted for another feature in its skull—this is the peculiar
flatness of the posterior aspect of the cranium, as well as its unusual
width and height for a skull of its comparative size.

Finally, we are to note that the interorbital septum is relatively
much thicker in the transverse direction than we find it in other

714 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dec. 7,

bubonine genera, as for instance Budo or Speotyto. The post-
palatine blades are broadish, flat and thin, quite unlike other Owls.

This Long-eared Owl has a mandible of the same general pattern
as seen among the S¢rigtde generally. The bone is rather light ;
the inturned processes of the articular ends are longer than usually
seen in other species and genera; the superior margin of either
ramus, near its middle, is gently curved outward ; the ramal vacuity
is ragged and slit-like in the longitudinal direction. Fig. 6 and
Fig. 30, Pl. XVII, give a good idea of the skeleton of the trunk in
Asio, and I would only call attention to one peculiarity here, and
we are to note that the grooves on the front of the sternum for artic-
ulation with the coracoids decussate, as they do in certain diurnal
Raptores. This is not the case in Strix pratincola, but is seen in
Bubo maximus and other bubonine Owls.

The clavicles are firmly united below, and a coracoid is pierced
through its shaft in the same manner as we found it in Sfeotyto.

The wing bones are comparatively long, and the humerus (PI.
XV, Fig. 22) alone pneumatic, and it highly so, the foramen being
almost circular and flush with the general surface of the bone. I
have not seen the os prominens in this species, and am inclined to
believe that it is either very rudimentary or perhaps entirely absent.
The expanded portion of the first phalanx of index digit is very
thin, and divided near its middle by an oblique osseous ridge. We
noted that it was solid and nearly of uniform thickness in Budo,
twice perforated in S¢rzx.

Respecting the pelvic limb, the long bones of thigh, leg and
metatarsus offer no special departures from those structures in ordi-
nary Owls at large; but in the foot, attention is called to the rela-
tive lengths of the first and second phalanx of the third toe. These
are subequal, to be sure, but not in the same degree as we found in
Budo, for here in Aso the second phalanx is relatively longer than
the same joint in the Great Horned Owl.

Several species of the genus Syrnzum present us with interesting
characters in their skeletons.

Dr. Robert Collett has given us quite a number of good figures
of the skulls of various species of Syzzzum in his well-known me-
moir entitled ‘*‘ Craniets og Oreaabningernes Bygning hos de nord-
europeiske Arter af Familien Strigide,’’ a translation of which,
including additional matter and all the original plates and figures, has
been published by the present writer, as stated in the Introduction,

1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. (Ges

in the Journal of Morphology (Boston, U.S. A., Vol. XVII, No. 1,
1900, pp. 119-176, Figs. 1-7, Pls. XV-XX). Taken in connection
with all we have already recorded upon the skull of these birds in
several genera, it will not be necessary to dwell upon this part of
the skeleton in Syrnium, as the figures to which allusion has just
been made will be fully sufficient to show the special characters and
form of it. (See Pl. XIII, Figs. 13 and 15.) One point of note is
to be observed, however, and that is in some species of Syrnium
the skull is symmetrical, while in some others asymmetrical distor-
tion to a moderate degree is observable. Of the first condition |S.
nebulosum is an example, and of the latter S. cimereum furnishes us
an instance. It is symmetrical in Pulsatrix torquatus. (Pl. XVIII,
Fig. 13.) In this genus Syrvzum the outer pair of notches of the
sternum are conspicuously deep ; the manubrium is well pronounced ;
the coracoidal grooves slightly cross each other; the clavicles are
firmly united below, and the os prominens is of some considerable
size. An interesting little point is seen in the femur, where the pit
in the head of the bone for the ligamentum teres is very much deeper
than is usually the case among birds.

Another Owl that exhibits a peculiar asymmetry cf the cranium is
Scotiapex c. lapponica; here the postfrontal wing is thrown farther
outward on the right side, something after the order found ina
species of the genus Syrazum, to which we referred in the last para-
graph.’

Probably the best examples of cranial asymmetry among the
Strigide are to be seen among the representatives of the genus
NVyctala, as, for instance, in JV. fengmalmt. Tere it does not in-
volve so much the position of the postfrontal processes as it does
distort the squamosal region of the skull upon either side. A skull
of this bird has been nicely drawn for us by Collett, as stated above,
and republished by me in the translation of his paper.

How such a condition as this asymmetry came to be evolved will
probably remain one of those enigmas in zodlogy not to be solved
through the researches of man. It is difficult for me to see what

1 This statement in reference to Scotiafex must, for the present, be taken with
caution, as the observation was made by me upon a skeleton so labeled in the
United States Army Medical Museum at Washington, and I know to my cost
that the diagnoses of specimens in many cases in that collection are incorrect to a
degree probably unparalleled in any institution in existence. In my own collec-
tion I have but the trunk skeleton of Scotiapex.

PROC, AMER. PHILOS. SOC. XXXIx. 164. UU. PRINTED JAN. 19, 1901.

716 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dec. 7,

especial advantage it can bestow upon the bird, or how it would
better fit it for the struggle for its existence. Apparently the largest
and most powerful Owls in the world have perfectly symmetrical
crania; while, as I have already noted above, the largest species
known to me wherein evident asymmetry is present in that part of
the skeleton is Syrutum cinereum. On the other hand, our very
smallest owls, the pygmies of the group, as Glaucidium and Micro-
pallas (see Pl. XIV, Figs. 17 and 18), possess wonderfully symmet-
rical little skulls, barely exceeding in size the skull of a large
Thrush.

Other ornithologists have invited our attention to this cranial
asymmetry as exemplified by the genus Vyc/a/a. As long ago as
1870 Dr. T. H. Streets, of the United States Navy, referred to it in
the Proceedings of the Academy of Natural Sciences of Philadelphia
(p. 28); and in the A/zstory of North American Birds, Mr. Ridgway
has figured the skull of Richardson’s Owl (VW. vichardsonz), showing
the same character.

Nyctea nyctea (see Pl. XII, Figs. 8 and 11; Pl. XVI, Figs. 26,
28 and 29) has a skeleton that in all essential particulars closely re-
sembles that part of the anatomy of Luwbo virginianus. The bird
clearly belongs to the bubonine section of the group.

Screech Owls, or what we call the Screech Owls in the United
States, are of many species and subspecies in the fauna. ‘They have
had the genus Jegascops created to contain them, and I have ex-
amined complete skeletons of a number of the varieties. After the
bubonine order in point of skeletal structure, they yet exhibit some
interesting little peculiarities of their own. (See Pl. XIII, Figs. 12
and’ 16); Ply XV, Fig. 19.)

Megascops asto trichopsts (or any of its genus) has a skull more
like that part of the skeleton in Sfeofyfo than any other of our Owls,
with the exception of Surnza. It differs, however, in possessing a
well-developed vomer, whereas it lacks the process on the quadrato-
jugal bar seen in the Burrowing Owl. AVegascops has an extensive
internasal septum which is quite thick and extends well backward.
The interorbital septum is thin, and may show a small vacuity near
its centre. Either superior border is but very slightly rounded off,
it being quite sharp in Sfeotyfo. Another point wherein these two
Owls agree and differ from others is the formation of the foramen
in the squamosal region of the cranium, through which the tendon
of the temporal muscle passes. ‘This character was described when

1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. Tale

speaking above of the same condition as it occurs in Sfeotyfo. In
Megascops the supraorbital processes are very nearly entirely aborted,
and in young Burrowing Owls they are not very strongly pronounced.
Both forms have symmetrical skulls, and in both the mandibles are
almost entirely alike.

With respect to the remainder of the skeleton, a Megascops has
the four-notched sternum, in front of which the coracoidal grooves
do not decussate, and the manubrium is small. The os furcula is a
single U-arch and a weak one. At the distal end of the radius in
the skeleton of the wing the os prominens is almost of rudimentary
proportions. Finally, aside from specific variations in form, all
the other components of the representatives of this genus agree with
the bubonine type of structure.

Already I have noted the fact above that Surzia u/ula approaches
Speotyto closely in some of the characters of its skeleton. This is
especially noticeable in the skull, where not only the general con-
tour of that structure in the Hawk Owl strongly reminds one of the
skull of Sfeotyto, but we find the resemblance to be real when
we come to examine and compare some of the details. For in-
stance, the external narial apertures are subcircular, or we might
say broadly elliptical in Swvnza, just as they are in the Burrowing
Owl; and, moreover, we find find the supraorbital processes to be
of the same form in each. Swrnza further has the process on the
upper side of the quadrato-jugal bar, although it is not as strongly-
pronounced as it is in Sfeotyfo. Again, Surnia lacks a vomer,
and the structures at the base of the cranium very closely resemble
the corresponding ones in the Burrowing Owl.

In the sqaumosal region, however, the foramen for the passage of
the tendon of the temporal muscle does not form as it does in
Speotyto, there being but a broad notch in the place of it.

The mandibles are very much alike in the two birds; and the
remainder of the skeleton in Suwrnza is fashioned upon the type in
the bubonine Owls generally.

Lastly, we must say a word about the skeleton in those dwarfs
of the Strigine race, the Pygmy and Elf Owls. Personally, I
have never examined the skeleton of a G/aucidium, but on the
other hand I possess three skeletons of Mrcropallas whitneyt, a
smaller Owl than any of the pygmies' (see Pl. XIV, Figs. 17 and
18).

1 T am indebted to Mr. Herbert Brown, of Tucson, Arizona, for this valuable

718 SHUFELDT—OSfTEOLOGY OF THE STRIGES. [Dee. 7,

These diminutive birds, so far as we can judge from Afcropallas,
possess a skeleton that has in it many characters that remind us of
the skeleton in Sfeotyto. The general form of the skull is much
the same, although it will be seen that in JA@icropadllas the fronto-
supraorbital processes are almost entirely aborted. Both species
apparently lack a vomer, while, too, both have the peculiar expan-
sion on the upper side of the quadrato-jugal bone. This is very
conspicuous in AZcropal/as, and appears to have something to do
with making a more complete bony periphery for the orbit. The
sclerotal platesof the eyeball rest against it below. Superiorly,
round behind and at the sides, AZ/crvopallas has an unusually ro-
tund cranium, and shows in the squamosal region a notch for the

transmission of the tendon of the temporal muscle. No asym-,

metry is noticeable in the skull, and the arrangement of the bones
of the roof of the mouth are very mucl) as we found them in the
Burrowing Owls. A good-sized ramal vacuity exists in either ramus
of the mandible and the hyodean apparatus essentially agrees with
Speotyto. Other points worthy of notice in the skeleton of AZicro-
pallas are: it has in the arm a pneumatic humerus, and a very
small os prominens at the distal end of radius over the wrist. Its
os furcula is feeble, but thoroughly united below; the manubrium
of the sternum is well pronounced, and the sternum itself four-
notched. When 2” sctu the coracoids are well apart at their sternal
extremities, and the shafts of those bones are each pierced by a fora-
men, ina manner similar to what we find inso many Hawks and Owls.
Its vertebre and ribs, between skull and pelvis, agree with the bubo-
nine type of Owls generally, but it seems to possess a fewer number of
caudal vertebrae, never as many as eight free ones, as we find in other
representatives of this group of birds. Another structure we must
observe is its pelvis ; this differs considerably in pattern from what
we see as a rule in most other Owls, for in some respects it reminds
me not a little of the pelvis as I have found it in certain Passerine
types. In it the pelvic basin is not noticeably contracted nor deep ;
and what is still more striking, there is no inclination for the post-
pubic bones to curve toward each other posteriorly. They project

material, and at the time I received it there was not a skeleton of a MZtcro-
pallas in any of the collections of the larger institutions of the United States nor
in Europe. Moreover, I understand, the bird, through the persistent destruction
of collectors, stands much in danger of becoming extinct.

lst tai ee ne eee ae

_-

_ 1900.] SHUFELDT—OSTEOLOGY OF THE STRIGES. 719

directly backward, as do also the ischia above them. Aside from the
disproportion we see in the relative lengths of the bones of the leg of
Speotyto, Micropallas has a skeleton of that extremity much as we
find it in those birds. Its fibula is exceedingly slender and consid-
erably shorter than the tibio-tarsus ; the arrangement and struc-
ture of the podal joints of pes is bubonine.

ON THE AFFINITIES OF THE UNITED STATES STRIGES.

Regarding the Owls as a whole, the present writer considers
them to be a group of nocturnal birds of markedly raptorial habits.
Some of the species, however, are largely diurnal in their ways.
They are not especially related to the Accifitres, but are, on the
other hand, remotely allied with the Cafrvimulez. What we now know -
of the structure of such forms as Sfeatornis and Podargus suffi-
ciently indicate this much.

Taking the Owls in our own avifauna, they may readily be
grouped into two well-marked families—the Strygidz, to contain
Strix, and the Budbonide, to contain all the other genera. Sfrix
pratincola comes nearer the Cafrimu/gi than any other of our
Strigine types. This is remotely suggested to us by the form of its
sternum, the general aspect of the skull and a few minor points
elsewhere in the skeleton. Of all the bubonine Owls we are inclined
to think that Asio wilsonianus comes nearer Sfrix than any of the
others. There is also doubtless an affinity among the genera
Surnia, Speotyto and Micropallas. Bubo and Nyctea are strong
types, with a great raptorial aspect in the cast of their skeletons,
more especially in their beetle-browed skulls and their powerful

raptorial feet. —
_ Perhaps the asymmetry of the skull may also point to generic
affinity, though it isa question; but if so, then Syrnium, Surnium
and WVycta/a may be considered more closely related among them-
selves than they are with any of the other genera.

Megascops approaches Budo, and has a few characters, of light
weight, in its skeleton that agree with the corresponding ones in
Speotyto.

720 SHUFELDT—OSTEOLOGY OF THE STRIGES. [Dee. 7,

EXPLANATION OF PLATES.

[ The figures in these Plates are all reproductions of photographs made direct
from the specimens by the author, represented by material either in his own private
collection or in the collections of the U. S. National Museum at Washington, D. C.,

U.78: As]
PLATE X.

FIG. 1. Basal view of the skull of a nestling Great Horned Owl (Budo virginianus).
Mandible articulated, but a number of the bones of vault of cranium and face
removed. Maxillaries and maxillo-palatines somewhat displaced. Natural
size. Specimen in the author’s collection, and taken for him by Dr. W. S.
Strode, of Bernadotte, Ill. The nestling was just quitting the nest.

FIG. 2. Basal view of the skull of nestling Budo virginianus. Belonged to the same
clutch as the one in Fig. 1, and has the same history. Natural size and shows
how these birds vary in the matter of proportions when hatched nearly at the
same time. Figs. I and 2 show well the sutural lines at the base of the cranium.

FIG. 3. Outer aspect of the right pelvic limb of the nestling Budo virginianus.
Natural size, and from the same specimen to which the skull shown in Fig. 2
belonged. This specimen exhibits very well the ossific centres and develop-
ment of the epiphyses about upper part of the ankle-joint.

Fic. 4. Palmar aspect of the right pectoral limb of the nestling Budo virginianus.
Natural size, and from the same specimen to which the skull shown in Fig. 2
belonged, as well as the pelvic limb in Fig. 3. The humerus and distal pha-
langeal digit are somewhat turned aside from their normal positions.

PLATE XI.

Fic. 5. Right half, internal view of the skull of an adult specimen of the Great
Horned Owl (Budo virginianus). Natural size and showing comparative pro-
portions of brain cavity, the amount of diploeic tissue and other structures.
Mandible removed, but quadrate and pterygoid zm sétu. (Spec. No. 17139, Coll.
U.S. Nat. Mus.)

Fic. 6. Left half, internal view of the skull of Budo virginianus, Natural size and
from the same specimen as shown in Fig. 5.

Fic. 7. Superior aspect of the skull of an adult specimen of the Great Horned
Owl (Budo virginianus). Natural size and the mandible removed. From an
unnumbered specimen in the Collection of the U. S. National Museum.

PEATE Xd.

Fic. 8. Basal view of the skull of an adult specimen of the Snowy Owl (ycfea
nyctea). Natural size and with the mandible removed. (Spec. 18458 of the
Coll. of the U. S. Nat. Mus.)

FIG. 9. Dorsal aspect of the pelvis and three anterior caudal vertebrze of an adult
specimen of the Hawk Owl (Scotiapex cinerea lapponica). Natural size and
from a specimen in the author's private collection; it having been presented to
him by Mr. Ernest Seton-Thompson, who collected it near Toronto, Canada, in
May, 1890.

Fic. 10. Left lateral view of the skull and mandible of an adult specimen of the
Great Horned Owl (Bubo0 virginianus). Natural size and the same skull as
shown in Pl. XI, Fig. 7.

1900. ] SHUFELDT—OSTEOLOGY OF TH STRIGES. (Val

FIG. 11. The ventral aspect of the sixth to the twelfth cervical vertebrae of an adult
specimen of the Snowy Owl (Nyctea nyctea). Natural size and from the same
specimen which furnished the skull shown in Fig. 8. (Coll. U.S. Nat. Mus.,
No. 18458.)

PLATE XIII.

FIG. 12. Basal aspect of the skull of an adult specimen of the Screech Owl
.(Megascops asio), Natural size, mandible removed, but with the circlets of
sclerotals of the eyes left zz stw in the orbits. When photographed the skull
was slightly rotated to the left. (Spec. No. 18987 of the Coll. U. S. Nat. Mus.)

FIG. 13. Superior aspect of the skull of an adult specimen of Pulsatrix tor-
guato from Nicaragua. Natural size and mandible removed, which latter is
shown in Fig. 15. (Coll. U.S. Nat. Mus., No. 18350.)

FIG. 14. Superior aspect of the skull of an adult specimen of the American Hawk
Owl (Surnia ulula caparoch). Natural size and mandible removed (in author’s
private collection).

FIG. 15. Superior aspect of the lower mandible of an adult specimen of Pzlsatrix
torguata. Natural size and from the same specimen which furnished the skull
shown in Fig. 13.

Fic. 16. Left lateral view of the trunk skeleton, shoulder-girdle and the femora of

‘a specimen of the Screech Owl (adult), MZ asio. Natural size, and belonged to
the same specimen which furnished the skull shown in Fig. 12. The os fur-
cula is broken near its lower part.

BVATE XV

Fic. 17. Left lateral view of the entire skeleton of an adult specimen of the Elf Owl
(Micropallas whitneyi). (Ligamentous preparation.) Very slightly reduced from a
specimen in the author's collection, and presented to him by Mr. Herbert Brown,
of Tucson, Arizona (May, 1890). The windpipe is broken and protrudes in front
of the cervical vertebrze. The circlet of sclerotal plates are in the left orbit. This

. is the skeleton of one of the smallest of the existing species of Owls in the world.

Fic. 18. Superior aspect of the skull of an adult specimen of the Elf Owl ( Micro-
pallas whitneyi). Very slightly reduced and mandible not removed. Another
specimen other than the one shown in Fig. 17, but with the same history.

FIG. 19. Left lateral aspect of the skull and mandible of an adult specimen of the
Screech Owl (Megascofs asio). Very slightly reduced and with the sclerotal
plates of the left eye zz sztu. Same skull as shown in Piate XIII, Fig. 12.

Fic. 20. Anterior aspect of the sclerotal plates of the right eye of an adult speci-
men of the Great Horned Owl (Budo virginianus). Very slightly reduced, and
from the same skeleton to which the skull belonged shown in Plate XII, Fig. ro.

Fic. 21. Superior aspect of the skulf of an adult specimen of the American Barn
Owl (Strix pratincola). Very slightly reduced. Hyoid arches wired to the
skull 27 s¢¢#, and this is seen through the left orbit. (Spec. No. 18196 of the Coll.
U. S. Nat. Museum, and the same specimen as shown in Plate XV, Fig. 24.
Mounted in the cases of the Osteological Department, and kindly loaned by Mr,
F. A. Lucas.)

PLATE XV.

FIG. 22. Palmar aspect of the right humerus of an adult specimen of the American
Long-eared Owl (Asio wilsonianus). Author's collection, and taken by him

(22, MINUTES. [Dee. 21, 1900

at Fort Fetterman, Wyoming, U.S.A.,in April, 1881. Natural size, and from
the same skeleton to which the parts shown in Fig. 23 and Fig. 30 of Plate
XVII belonged. ;

FIG. 23. Basal aspect of the skull of Aso wilsonianus. Natural size, mandible
removed (see history in Fig. 22).

FIG. 24. Right lateral aspect of the skull of an adult specimen of the American
Barn Owl (Strix pratincola). (History given under Plate XIV, Fig. 21, where
the same skull is shown on superior view).

Fic. 25. Left lateral view of the trunk skeleton and left femur of the American Barn
Owl (Strix pratincola). Natural size. Author's private collection, and taken
near New Orleans, La, (1883).

PLATE ‘XVI.

FIG, 26, Anconal aspect of the left carpo-metacarpus of the Snowy Owl (Ayctee
nycted). From same specimen which furnished the skull in Fig. 8 of Plate XIT,
and also the humerus and coracoid and scapula of ‘the present plate (Figs. 28
and 29). Somewhat reduced. :

FIG. 27. Ventral aspect of the sternum of the American Hawk Owl (Scotiapex
cinerea lapponica). Somewhat reduced, and from the same skeleton which fur-
nished the pelvis shown in Fig. 9 of Plate XII. A few of the costal ribs have
remained attached.

Fic. 28. Palmar aspect of the left humerus of the Snowy Owl (Nycéea nyctea).
Adult, somewhat reduced (see description of Fig. 26).

FIG. 29. Inner aspect of the left coracoid and scapula, normally articulated, of the

; Snowy Owl (Ayctea nyctea). Somewhat reduced (see descriptions of Figs. 26

and 28).

PLATE XVII.

FIG. 30. Left lateral aspect of the trunk skeleton of the American Long-eared Ow?
(Asio wilsonianus), Naturalsize,and from the same skeleton that furnished the
skull and humerus shown in Figs. 22 and 23 of Plate XV, where the history of
the specimen is recorded.

Stated Meeting, December 21, 1900.
Vice-President SELLERS in the Chair. ;
Present, 18 members.

Donations to the Library were announced and the thanks
of the Society ordered therefor.

The report of the Finance Committee was presented.

Nominations for Officers and Councillors were made.

The, meeting was adjourned by the presiding officer.

j
;

VOL XXXIX, No. 164, PLATE X.

PROCEEDINGS AM. PHILOS. SOC.

eA

PROCEEDINGS AM. PHILOS. SOC. VOL XXXIX, No. 164, PLATE XI.

PROCEEDINGS AM. PHILOS. SOC. VOL. XXXIX, No. 164, PLATE XIl.

.

“3

PROCEEDINGS AM. PHILOS. SOC. VOL. XXXIX, No. 164, PLATE XIll.

= Die a ee ee

fig 13

PROCEEDINGS AM. PHILOS. SOC. VOL XXXIX, No. 164, PLATE XIV.

PROCEEDINGS AM. PHILOS. SOC. VOL. XXXIX, No. 164, PLATE XV.

PROCEEDINGS AM. PHILOS. SOC. VOL. XXXIX, No. 164, PLATE XVI.

“IAX S3LW1d ‘b9l ‘ON *XIXXX 10A ‘00S “SOTIHd ‘WV SONIGSS00"d

OBITUARY NOTICES. i

OBITUARY NOTICES OF MEMBERS DECEASED.

Henry HartsHorRNE.—During the decade which closes the
nineteenth century there have passed away from our membership
alone, to be enrolled among the vast majority, no less than two
hundred and eighteen of those whose labors in search of truth
and the dissemination of useful knowledge among our fellow-
men had rendered them famous in our own or in foreign lands,
and whose qualities had endeared many of them individually to
those among us who still mourn their loss and feel all the more
keenly the burden which they were wont to share with us. Of these
men so distinguished in every branch of thought—philosophy, the-
ology, law, medicine, natural science, physics, astronomy, history,
archeology, literature, poetry, painting and all the other useful
arts and sciences applied for the promotion of the comfort of life
and the well-being of the human race—it is not my purpose to-night
to speak: nor of the wonderful effect of their labors on the progress
of human thought, on our acquaintance with the world in which we
dwell, the history of those who have gone before us, our social and
civic relations with each other, or even the evolution of a higher
manhood. But among these men of higher purpose I would call
attention especially to our own personal losses among the resident
members of our Society, numbering no less than ninety-eight, whose
presence and aid we so sadly miss, as well as that of many others
among the non-residents whose more or less frequent visits and
communications rendered them almost as well known in this Hall
as the resident members. And yet again among these men distin-
guished as they were in their various avocations, literary, scientific,
social or economic, I would especially call to mind those whom I
may in a larger sense call our Educators, whether in the lines of
original investigation or in those of collaboration and utilization of
others’ labors or in those of public instruction, whether as lecturers,
teachers or writers. Among these the names of Leidy, Le Conte,
Horn, Agnew, Genth, Rogers, Furness, Wormley, Pancoast, Greg-
ory, Cope, Traill Green, G. W. Biddle, Sartain, Childs, Harrison
Allen, Goodell, Ashhurst, McCosh, Cattell, Rhoads, Coppée,
Ruschenberger, Ryder, Keating, Maisch, Parvin, Pepper, Brinton,
Kendall and others will doubtless present themselves to your minds.
Among these, and as one worthy to be ranked among the foremost,

il OBITUARY NOTICES.

though his inherent gentleness and modesty, as well as his absence
during the latter years of his life, caused him to be less known at our
meetings than others, I would place the subject of this obituary
notice.

Henry Hartshorne, born March 16, 1823, was the third son of
Dr. Joseph Hartshorne, a distinguished physician and surgeon, one
of the leading and most successful practitioners of his day —a man
of firm character and sturdy common sense, of short thick-set frame
supported on somewhat club feet, whose earnestness and honesty
impressed every one at first glance. Active and vigorous in mind
and body ; a rigid follower of the older school, in whose practice
blood-letting, purging and low diet had such large part, and yet of
reading, culture and broad views sufficient to seize and adopt
advances as they were made in therapeutics and science, he gave
to his children the best education in accordance with his times and
principles which could be had. No time or expense was begrudged
in fitting them to take an active, leading and useful part in the
great battle of life. In all this he was ably seconded by his lovely
wife, Anna, the daughter of Mr. Isaac. Bonsall, a real estate
lawyer and conveyancer, well known and highly respected. She
was a motherly woman of fine intellectual ability and cultivation,
and a charming hostess. ‘The family circle was large and agree-
able; and under such circumstances were reared men destined to
play no small part in their various professions. Henry’s eldest
brother died early; the second was Edward; Isaac, a younger
brother, settled early in life in Western Maryland at Sandy Springs,
devoting himself to agricultural pursuits. His brother Edward, after
long training at home and abroad, settled in Philadelphia and
achieved prominence as a surgeon and oculist and as editor of Zhe
Medical Examiner, as well as author of many and useful pamphlets
and other publications; while his youngest brother Charles was for
many years Vice-President and President of the Lehigh Valley
Railroad Company, an honored, trusted and useful official.

Henry was educated at Haverford School, now Haverford Col-
lege, graduating there in 1839; and studied medicine, in accordance
rather with his father’s wishes than his own desires, at the Univer-
sity of Pennsylvania, graduating in 1845. I may mention that he
also received from the latter the degree of A.M. in 1860 and LL.D.
in 1884—well-deserved tributes to his merit. He was Resident
Physician at the Pennsylvania Hospital until 1848, when he com-

OBITUARY NOTICES. ill

menced the practice of his profession, living at first on Callowhill
near Twelfth street ; after the decease of his father, at the residence of
the latter on Arch below Tenth, and subsequently moving to Arch
below Fifteenth. His literary, poetic and artistic tendencies were
such, however, as to direct him rather into other fields than those of
the general practitioner ; he saw enough of these to broaden and ripen
his judgment and make valuable his many writings without wasting
his force on the mere routine of his profession. He thus early be-
came a teacher rather than a mere practitioner, laboring with voice
and pen for the attainment of the high ideals of good for his fellow-
man which always inspired him.

Among his professional activities, however, should be noted his
services during the epidemics of cholera in Philadelphia in 1849
and Columbia, Pa., in 1854, his observations, reflections and
studies resulting in his work on the subject published in 1866 ; also,
his highly valued services during the civil war as surgeon at two of
our Government hospitals in this city, and also as volunteer at
Gettysburg, after the battle, where I well remember how we greeted
his useful, cheerful aid in bringing order out of the chaos into”
which everything was thrown by the sudden demands for housing
and care of more than 20,000 wounded and sick men and prison-
ers of war.

In 1849 he married Mary E., the daughter of Jeremiah Brown,
Esq., of Philadelphia, a lady of great refinement and culture, but
unfortunately of rather feeble physical health, the assiduous care of
which taxed all the best qualities of his mind and heart. She was
in every way worthy of this devotion: and their union was a very
happy one, though care and thought for her essentially modified
the activities which might otherwise have absorbed his attention.
Yet these actually were such as showed him to be no mere ordinary
man.

He was Professor of Institutes at the Philadelphia College of
Medicine in 1853-54; Prize Essayist at American Medical Asso-
_ ciation in 1856 (his essay ably supporting views of the muscular
activity of the arteries in maintaining the blood-current) ; wrote
numerous articles for medical journals; lectured at the Franklin
Institute on various subjects in 1857-58 ; gave a course of ten lectures
on the Natural History of Man, advocating unity of species and
origin, as against the views then rising of multiple origin, besides
several other courses of lectures. Under these studies and labors

lv OBITUARY NOTICES.

his health suddenly broke down in 1858, when with his wife he
went to Europe and passed a year in travel, going also to Egypt
and ascending the Nile to Thebes. On his return in the autumn
of 1859, he became Professor of Practice of Medicine in the Medi-
cal Department of Pennsylvania College, succeeding the brilliant
Dr. Alfred Stillé, who was then elected to the University of Penn-
sylvania. But owing to the outbreak of the War of Rebellion in
1861, which cut off the supply of Southern students, he in com-
mon with the other members of the Faculty withdrew. He was
Attending Physician to the Protestant Episcopal Hospital, 1860-62 ;
to the Magdalen Asylum, 1849-64, and Consulting Physician to
the Women’s Hospital, 1868-76. He was also elected, after a con-
cours with two competitors, Professor of Anatomy, Physiology
and Natural History at the Philadelphia Central High School in
1862; Professor of Physiology and Hygiene at Pennsylvania Col-
lege of Dental Surgery in 1866; Professor of Diseases of Chil-
dren, afterward of Physiology and Hygiene and of Diseases of
Children at Women’s Medical College, 1867-76. He also became
Professor of Organic Science and Philosophy at his Alma Mater,
Haverford College, in 1868, leaving the High School and Dental
College, but retaining his University and Women’s College appoint-
ments for eight years more. He was also editor of Lhe Friends’
Review, a religious journal of a high order, from 1873-76, and
again from 1881 to 1893. He was also in 1872-73, for a few
months, Professor of Natural Science at Girard College. But in
the autumn of 1876 he resigned all of his Philadelphia appoint-
ments to become the President of Howland School, Union Springs,
N. Y., an institution for the higher education of women (a cause
which enlisted his deepest sympathies), striving to do for it what
Arnold did for Rugby.

The Howland School, however, was not a success, owing to
insufficiency of an endowment fund, so that it was closed by the
trustees in 1878; when Prof. Hartshorne returned to Philadelphia,
settling in Germantown and opening a family school for girls, and
continuing the work begun at Howland School. He was reap-
pointed to the chair of Philosophy at Haverford in 1887, but
resigned soon after on account of inconvenience in the conditions
of fulfilling his appointment. |

Besides the above, he was Recorder of the Biological and Micro-
scopical Department of the Academy of Natural Sciences in

OBITUARY NOTICES. V

1857-58, Dr. Leidy being then its Director; Secretary of Pennsyl-
vania State Medical Society in 1858; Secretary of Section B of the
American Association of Science in 1870; one of the founders of
the American Public Health Association in 1872, and its Vice-
President in 1875-76; member of the College of Physicians, of the
Philadelphia Clinical Society, Contemporary Club, Science and
Art Club, Browning Society, etc., ete.

He became a member of the American Philosophical Society in
1863, and contributed at least five papers to its PROCEEDINGS ;
among them one on Organic Physics, in 1872, very remarkable for
its close reasoning and advanced thought, and another on Some
Disputed Points in Physiological Optics, explaining complementary
color spectra by interference, rather than by fatigue; also paper
on Lxtuition and Intuition, approved by Dr. McCosh.

In addition to all these varied activities he was a prolific writer
and worker in the various fields of philanthropy, physiology,
hygiene, literature, botany, natural science, medicine, theology and
pure philosophy, asa glance at his appended bibliography will show.
He followed closely inductive methods of thought and expressed
himself always with classic purity, neatness and exactness; as
instances may be given his introduction and employment of the
‘term ‘‘extuition’’ as an equaily certain and correlated source of
our knowledge with ‘‘ intuition,’? @ommended by Dr. McCosh, and
of the term ‘ autoplanatic ’’ to describe the mode of dissemination
of cholera. In his writings on the latter, and also on quarantine
as protective against cholera and yellow fever, he long ago took
ground now held by the bacteriologists of to-day. So in his signed
contributions to Johnson’s Cyclopedia, that on Evolution is an
elaborate historical account and analysis of the different theories
of development, ending with adoption of the theory of Theistic
Evolution. (This antedates Huxley’s article in Lxcyclopedia
Britannica. )

So again we find him emphatically among the leaders and
pioneers in the work of Higher Education for Women and Co-edu-
cation of the Sexes; while his bold and caustic criticism on the
modern treatment of pneumonia and other acute diseases, as read
before the College of Physicians and published in their Zransac-
tions in 1888, shows that he was not afraid or ashamed to speak the
whole truth when needful.

Yet with all his power of logic, wit, raillery and pungent, poig-

vl OBITUARY NOTICES.

nant repartee and playful irony, he was never a controversialist.
No one ever succeeded in drawing him into a personal dispute, and
his charity was of the nature that ‘‘ thinketh no evil.’’ So it may
well be said of him that among all his writings ‘‘ nihil tetigit quod
non ornavit,’’ and that ‘‘dying he left no line he need wish to
blot.”’

From Dr. James Darrach’s masterly and excellent biographical
sketch of Dr. Hartshorne, read before the Coilege of Physicians,
June 2, 1897, and from memoranda also most kindly furnished by
his daughter, who accompanied her father to Japan, I have drawn
up this account of our late friend, and to Miss Hartshorne I am
also largely indebted for the approximately complete bibliography
which follows.

His poems, while not marked by lofty flights of ambition, excel
in purity of thought and elegance of diction. They have a flavor
all their own, and hence will find fullest appreciation among kindred
minds and spirits, especially those who may know what the higher
school of Quakerism stands for. It is pleasant to think that among
these appreciative minds, as shown by their letters to him, were such
different men and accomplished critics as John G. Whittier, E. C.
Stedman and Oliver Wendell Holmes.

His most useful works, and I may add profitable in a pecuniary
sense, were treatises and compendiums of practical medicine for
the use of students and families. Many of these ran through
numerous editions, some of them having also been translated into
Japanese and proving highly successful among the efforts made to
plant Western learning in the far Orient.

Some of his active interests were displayed also in humanitarian
questions arising out of slavery and the civil war, etc., such as the
Freedmen’s Association, the Institute for Colored Youth (of which
he was a Manager), the Indian Rights Association (of whose
Executive Committee he was for many years a member), and with
the Education of Feeble-minded Children as Manager of the
Training School at Elwyn, and with those affecting public health,
water supply, milk supply, etc., or with education in general, as
Manager of Haverford College or of Friends’ Select School,
or as Overseer of the public schools, Director of Penn Charter
School, etc.

Intellectually he always reminded me of a Damascus blade, with
his keen, polished wit and imperturbable good humor, bending

OBITUARY NOTICES. Vil

gracefully before a blow, but recovering always his form and deliv-
ering though playfully replies whose keen logic and aptitude
disposed often of an antagonist as effectually and often as uncon-
sciously to the victim as the fabled sword of Saladin could have
done.

In 1886 he was called upon to part from his beloved wife. He
continued, however, laboring calmly and steadily in the paths of
literary labor and beneficent activity as long as his health and
strength permitted.

In 1893, accompanied by his youngest daughter, he went to
Japan, where he engaged actively in philanthropic work in connec-
tion with the prevention of the opium traffic to Formosa, the work
of the Women’s Christian Temperance Union and the activities
organized under the influence of the Society of Friends.

In this work he was enabled to accomplish much,.as his fame
and position there had been already established as the author of
useful works on medicine, translated and published by Keuvada at
Tokio, and used as text-books.

In 1894 he returned home for a short time, but soon again
departed in 1895 for this far-off field, where he studied the hos-
pitals at Tokio and elsewhere in the empire, among them two for
lepers; and practiced considerably among the missionaries,
especially in consultation. During two summers at Sapporo, north-
ern Japan, he had much pleasant intercourse with professors and
students of the Imperial College of Agriculture, members of the
medical society and missionaries and others summering there.

There he lived and there he died, February 10, 1897, peacefully,
after a short illness of only two days.

The appreciation of his work by those among ions and for
whom he thus labored may be best shown by the following notice
which appeared in the Japan Mazl of February t2, 1897:

Funeral of Dr. Hartshorne.

The funeral services of the late Henry Hartshorne, M.D., LL.D., of
Philadelphia, Penn., U. S. A., were held on Thursday, February 11, in
the meeting-house of the Friends’ Mission in Mita, Shiba District, Tokyo.
They were marked throughout by a very impressive simplicity and
repose, quite in accord with the expressed desire of the deceased. The
building was filled with friends, Japanese and foreign, old and young,
missionaries and merchants, teachers and students, who united to pay

Vill OBITUARY NOTICES.

their last respects to the dead. The commingling of so many different
kinds of people gave evidence of the wide circle of the deceased's
acquaintanceship and influence.

None knew him but to love him,
Nor named him but to praise.

The exercises were conducted by Mr. Joseph Cosand, of the Friends’
Mission, in a very quiet and calm manner which made a deep impres-
sion; and consisted of an appropriate intermingling of English and
Japanese. Two of Dr. Hartshorne’s favorite hymns, ‘Jesus, Lover of
my Soul,” and ‘More Love to Thee, O Christ,” and two Japanese
hymns were sung. The opening prayer and the benediction were in
Japanese by Mr. Mizuno, of the Friends’ Mission; the closing prayer
was by Rev. A. A. Bennett, of Yokohama, who was a pupil of Dr. Harts-
horne in the Philadelphia High School more than thirty years ago.
Two excellent addresses were delivered; one, in English, by Rev. B.
Chappell, of Toky6, and the other, in Japanese, by Rev. G. F. Verbeck,
D.D., of Toky6. Both emphasized the lovable and deeply spiritual
nature of the deceased.

A large number of friends, both Japanese and foreign, attended the
interment at Aoyama Cemetery. The body was carried from the hearse
to the grave by foreigners and Japanese. The last prayer was offered
by the Rev. Julius Soper, D.D., of Tokyo. When the coffin had been
lowered into the grave, it was covered with flowers and evergreens.

Two years ago, after his first visit to Japan, and when a second one
was in mind, Dr. Hartshorne wrote a poem expressive of his desire to be
buried in Aoyama. He always preferred, however, to think of Aoyama
not as ‘‘ Green Hill,” but as ‘ Hill of Love” (Ai-no-yama). This poem
reads as follows :—

AOYAMA.

Beyond the crowded city’s utmost reach,

Near but to hospital and college halls,

Where on the ear no sound repellant falls,
Only sweet bell-tones, or soft Nippon speech ;

Where moss-grown tombstones their weird sermons preach,
With silent liturgies of attendant trees,
Stirred now and then to whispers by a breeze;

Where all things “ man is mortal"’ gently teach:
Are we not farthest there from all the din,

Ofttimes discordant, of the haunts of men,
Where love and joy are fain to enter in,

Yet strife and sorrow come and come again ?
When, on this earth, I make my last remove,

Be it to Aoyama, Hill of Love.
H. HARTSHORNE.

Written in anticipation, Germantown, Pa.,
& mo. 15, 1895.

OBITUARY NOTICES. 1x

As a writer of pure, excellent English he was unexcelled; as a
thinker clear, deep and far-reaching ; as an investigator calm, im-
partial and accurate; as a leader in the advancing thought of his
day, he was ‘‘ primus inter pares, facile princeps’’—beloved and re-
spected by all who knew him, an active, amiable, gentlemanly
Christian—a true Philosopher. And as such we mourn his loss.

Among papers left by him were found memoranda on P/z/ologt-
cal Relation of Roots of Japanese Language with Those of Aryan
for a paper which he intended to prepare for A. P. S.; also others
on the Lthnology of Japanese Islands. It is to be hoped these will
find fitting editors.

Bibliography.

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‘““Woman’s Witchcraft; or, The Curse of Coquetry,’” a dramatic
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x. OBITUARY NOTICES.

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Apparatus for Fracture of Thigh, Trans. College of Physicians, N. S.,
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Case of Cold Stroke, Trans. College of Physicians, N. S., Vol. iii, p. 339.

Ring Pessaries, Trans. College of Physicians, N. S., Vol. ili, p. 400.

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Memoranda Medica, a Notebook of Medical Principles, being a Synop-
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Facts and Conclusions Upon Cholera. Lippincott, 1866.

Speculative and Inductive Medicine: Introductory Lecture, Medical
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Articles (signed) contributed to Johnson’s New Illustrated Cyclopzdia
on Anatomy, Atonement, Brain, Breast, Carbonic Acid, Charcoal,
Chess, Chest, Circulation (of blood), Deaf Mutes, Ear, Evolution,
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Cardiac Exhaustion in Soldiers, Trans. College of Physicians, 1863.

A Month on the Nile (lecture on Egypt), 1860: Revised and delivered
for Science and Art Club, Germantown, 1893.

Summer Songs, a volume of poems, 1865.

Romance of Quaker History (a lecture), 1867.

Monograph on Glycerine. Lippincott, 1865.

Essentials of Principles and Practice of Medicine: Handbook of Human
Anatomy and Physiology. H. C. Lea, 1867. Fifth edition stereo-
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Conspectus of Medical Sciences, 1869. Translated into Japanese and
published in Tokio.

Family Guide to the Medicine Chest, Lippincott, 1869.

Watson's Practice of Medicine, edited with additions, 1874.

Valedictory to Twentieth Graduating Class, Women’s Medical College,

1872.
Some Disputed Points in Physiological Optics, Women’s Medical Col-
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Present Condition of Vaso-Motor Physiology, American Medical Asso-

ciation, 1872.
Memoir of Edward Rhoads, Proc. Am. Philo. Soc.

OBITUARY NOTICES. Xl

What to do Against Yellow Fever, American Public Health Associa-
tion, 1873.

On Some Disputed Points in Physiological Optics, Proc. Am. Philo. Soc.,
1876, Vol. xvi, p. 218.

On Extuition as Source of Knowledge Equivalent with Intuition and
Correlation, Proc. Am. Philo. Soc., 1876, Vol. xvi.

On Ocular Spectra and Their Causation, Proc. Am. Philo. Soc., 1876,
Vol. xvi, and Am. Jour. Med. Science.

On Theory of Erect Vision with Inverted Images, Jour. of Franklin In-
stitute, 1878.

Theoretic Explanation of Frauenhofer’s Lines, 1878.

Reynolds’ System of Medicine, edited with additions and illustrations,
1880.

Memoir of George B. Wood, Proc. Am. Philo. Soc., 1880.

Our Homes, American Health Primer, Blakiston, 1880.

Old Founder’s Hall—a Poem—Haverford Alumni, 1880.

Bertram the Prince: an Icyll, 1886. Republished with other poems in
1892.

A Bundle of Sonnets. Porter & Coates, 1886.

Our Water Supply. A lecture published by Citizens’ Committee, 1889.

Memoir of Edward Hartshorne, Trans. College of Physicians, 3d
series, Vol. ix, p. 225, 1886.

The Old and the New Physic, Trans. College of Physicians, 3d series,
Vol. ix, p. 387, 1887.

Memoir of James E. Rhoads, Proc. Am. Philo. Soc.

On Vigor and Sex, American Society for Advancement of Science, 1881.

“Glances at the Twentieth Century, 1931.’’ Claxton & Co., 1881.

“Watching for Dawn,” Lippincott’'s Magazine.

“To-day,” Lippincott’s Magazine.

Editorials and poems in Frzends’ Review and Quarterly.

“‘Life’s Secret,” in Fenn Monthly.

Sonnet to Matthew Arnold, in Zhe Critic.

Medical Ethics, a lecture published in JZedical News, 1885.

‘“‘Lethean Leaves,” for private distribution, 1898.

Cholera and Its Migrations, Philadelphia J/edzca/ News, September,
1892; also in Tokio Medical Journal, 1894.

Pneumonia: Its Mortality and Treatment, Trans. College of Physicians,
3d series, Vol. x, pp. 151-189, 1888.

Contraction of Heart, Trans. College of Physicians, 3d series, Vol. xii,
p- 152, 1890; Vol. xiii, p. 110, 1891.

Aims and Methods in Education, Teachers’ Institute, Salem, N. J., 1870.

Womanhood. Philadelphia Evening Hour Course, 1871; also Sandy
Spring, Md., 1886; Germantown Evening Hour Club, 1886, and
Lake Mohonk, 18go.

Xi OBITUARY NOTICES.

Address to Evangelical Friends in America, 1883.

‘Wit, Humor and the Ridiculous,” 1870.

Four Lectures on Hygiene, Franklin Institute, 1881.

‘“Why Few Live to Grow Old,” Franklin Institute, 1883.

Quakerism as Factor in Religious and Social World, 1895.

Christianity and Phases of Modern Thought. Tokio Lecture Associa-
tion, Methodist Publishing House, Tokio, 1896.

Address to Physicians in Japan, at reception by Tokio Medical Society,

1894.
J. CHEsTON Morris.

Page
AIMerICAnVeISLoLy trom German ATCHIVES. = 6 ae «este tc cies cian > 129, 638
ATG MIUSILE MS DECIMEMIOL ws, <shor Lv acre: &: S Gime Dio ZL pes) Beason eras Reset Ue
ANG EEO A, Coys \KAlliehin, Iso MGS Gg alg 46 oo Gom 0 O00 0 om ooNS ol d.c5 68
Australian Aborigines, Origin, Organization and Ceremonies of the... . . . 555, 556, 622
SOUbHARGIVASLON SOLA eens) sueerc. ore oy, el cl lenses vor'icl elttoimtcares ais ot eit oe weet re epee 68, 78
WETS) wah ITIVOR So 6 6 ood ad MO ood ao um odo OS 94, 96, 123
BAEKCTGEOrserk:. A nMUALEDISCOUTSEs |. cis) ten =) Slisae ee, cu chins oe) ee) contameh et ate ay 94
eyabsERO IM, IDL, Ess LONE IH He ICOENOR Seg Goh doe da & om oa 5-080 4g od) o owe 68
Buti, Rudolph, Seal of the King Brunaburgas of Babilony......... Taco LON
Calendar of the Correspondence of Major-General Nathanael Greene ..... 128, 154
Carson, Hampton L., Appointed to Prepare Obituary of William M. Tilghman... . 345
(Chayenhrauneesptsiehavslvorer oye ak & Gogo Geode oO 10 G Omloto oo ea oe py nu ne)
Conklin Edwin'Grant;Klected:Councillor <3. 5 2 2 ae se ee oe 640
Declaration of Independence, A Contribution to the Bibliography of the....... 69
DRE CONSE, Ann 5 Gly aan Gig. Glpwola co OID Gia God oo Sedesmtlo Son. c.cea 6 94
Wena Or OQuigay Nunile 5 ooo ocooe bo oso ood eo ao OG Sol oO 4
Field, Robert Paterson, Remarks on Col. William Anderson. ........ ah OS
Franklin, Benjamin, Autograph Letter of, to Samuel Huntingdon.......... 95
German Archives, American History from. .... ..-.-++4.+.-+-++-+--. 129, 638
Gortyna and Allied Genera, Historical Sketch of... .....--+-+22-2--- 346
Greene, Major-General Nathanael, Calendar of the Correspondence of... . . . 128, 154
Grote, A. Radcliffe, The Descent of the Pierids.........-.+-.+-.- «+--+... 4
Historical Sketch of Gortyna and Allied Genera ........-+.+4.24.-.---. 346
Hartshorne, Obituary Notice of Henry.....--.-.-++2++s+sereeeees i
Hastings, W. G., The Development of Law as Illustrated by the Decisions Relating
[KON daNs) LeLONbKEL) oN ere COVMANNSIEAK 5 Reg Boo oo 0 45 a o90N0 o 010 0 clo c 359
Henry M. Phillips Prize Awarded to. .......++2+-++2-+4-++6-- 358
Hay, ©. P., Descriptions of Some Vertebrates of the Carboniferous Age... ... 96
Hays, I. Minis, A Contribution to the Bibliography of the Declaration of Independ=
GE cscs 5 Ay re eee CC, are LAR A Omer DeSean aol as 'c 69
History, American, from German Archives.....° °° ..-2.-++-2+2--. 129, 638
Huntingdon, Samuel, Autograph Letter of Benjamin Franklin to.......... 95
K. K. Geologische Reichsanstalt of Vienna, Invitation to its Fiftieth Anniversary... 357
Karoly Mlecunicltyzenests) < -)/s - <6 <0) ss), = ss) .e cho ouasci Om opoepedadlc 555
Kohler, Max I., Honorable Mention of Essay on Police Power of the State. ..... 358
Law, Development of, as Illustrated by the Decisions Relating to the Police Power
Git Hod KNEW Gos ao sone ONO peONOeonbuolo Ho Bp Dao Sa aac) occ 309
Legacy Tax, Committee on Modification of Federal. ...........-. et ce ee
Heidy, Drs JOsepia, Portrait of. . 2 5. 5) = sos sis wwe 8 wie ep es lets ile wo 94
Leland, Charles G., The Old Millin Newport....... Rance ar nOLC POR GrcMAt 3 ic 555
WAT DLATIAMGOICCLCCH ey eirod cccic cle si sto, MRS: eo: le) oi¥e <8\ 15) oly oun: wale cite) cel al) oye. sal fo es 68
Lowell, Percival, Mars on Glacial Epochs......+.++-+.- ote. OI oes. G 641
Marston Glacial HpOCbSs , <r. <2 ss «= 0 0 + © wishsier © e508 eo 6 ee 6) oeijo) O41
xii

X1V INDEX.

Page
Mathews, R. H., Divisions of the South Australian Aborigines... .... .. 68,78, 622
Native Tribes of Western Australia... ........... aiMeyte ean 94, 96, 123

Origin, Organization and Ceremonies of the Australian Aborigines. . . 555, 556
Phallic Rites and Initiation Ceremonies of the South Australian Abo-

TIS UNOS ir cetatrcere AO oe Re OL Teer eS uc eee Gurcitosorent eyha'ic 555, 622
Medal’ Struckin-Honor of D: G: Brinton. 2) so 6 ss © eis) sii e cue Peat lls
Medal Struckin ‘HonorofSit George Stokes: 2) <s< ica er sis tohicl iotey ee caeh oteneeeme 95
Meetings, Adjourned Stated.......... HG IGE oS echo ac Gs co mee ona 69
Speciale ies eiceyerta ke iolcn theres cortetdelliel (ols Nel amc M Rinnai Epa « « 8b8
tatedari esr venie eetaenis) on oe ee eo . 8, 68, 94, 95, 127, 315, 357, 358, 555, 638, 640
Members Deceased :
Jolene Shi strobe Wo 5.g cros o a oot a G8 on 1G yg Ic PM hey ae ee 2 6s
ATE VIL, DUKCIOL syste totten st > He Gh Ono r cone ONcoL co a deong comoudl a o Gen ild oO 346
ING Moo He A oye Ooo Gs teclo gO 600m, dea coo Adee So eo od 555
Bullock Charles ciency oe ciscyteil eS. eemeicurs 9c) sh vsiatsy enol Namo elm Susy ats kero ee a 127
Woues BVNOtt ec. fe derieutes cy Conta, celle ot ce es: We) sol iety ease, Wolere move sie als Rema otariae atch eanaamn 3
Cushing, Frank Hamilton..-.......... BeciaG cio cd ot rmlpa a 5.5 345
DAC Osta: Wlvcactye\aeteyrouietyet © BY seilsn cou oy ten eueen a etek temo om 5A aN eo Say enROOE
Green William selentye ise ciem ei cue tien or cst ctl cleo sya Sony ge bie Bae cL Gala aS 94
Cede yet eLhee nN Gace 6 Dolo Sad Heololo -O.O"o 0 Oo oO oi og 8 Sole 6 94
LSE HeahreVsse Aube yely Sie oh sumed OO do OlosOudsa OGG plod og Slo Ba 5 6 94
VAMVISE oe Uae A Oe Gh Go boob ooo ob Os ale Op cate Gate 6c 127
Athenee (EIR Feo 6 6 6 4 Ooo 4 ORAS Ca OeO Oneness a Gas ‘oc 555
Lawes, Sir John Bennett. .... SdsceG, @ Aye qONCEOOMO Sg Glo oro Oo Wie > 559
Ibpoyorhvol dhe sly, Gon 6b oho oo OOD OOH HO OL Golo os 555
Max=Miullorukt.- Hons Hricdrich’.:ymc sm. leltemeiencrten ete ORGM OR OVONO Ooi Oc 640
EEXGal SOU ENOES Gg og oS 4 G5)o dro Go Gin ce Se ertohholach oh eden oy Sele one meta 3
EAA eyelid bes Seenn to, GeolG. nee of olo oo Gloom ceclowdio clo Oo 7d 6 6 0%6 555
Rogers, Hairman.. ~ . .e » «ls eee oy de Oiatenio. io one Disp psara U1 U one 66 , 555
Slop oyoy woh Ene OO Ges 6 ould 6.00 O10 O OG ek Ooo .g bLO0°0 4 oc 640
SEMMoR IS Coy A Colvolleweo G io one oro Gin a oo Oleg 0.0 9 9b, AO 5 syn} < 94
Tilghman, William M....... Siok d cat obanven smeiioiye OnCaAichiona irs < 127
Members Elected :
UNOS eK OMAG UES pery Ain) Geokaos Deo tbl cau meDrch Do Gol u- DEG Ghoto loo jo-clonD a Oto ¢ 357
Gray, HOR. GEOLZe. ee - 1 -ieile ou een Osteo ONS IO-DrO Cope 0 2 PGMs, 2K
Keller HE. cots. one © srs, Wich, UES ore T emule Mott Mahesh totette = Vespa eel te rewmeaEi
Morton CROMas!GEOrge: rc :-) sites) lsi/ellon em onee omen cilia Menke nte tne! 1s ktitolloetn nena 94
lethargy dato WOW CNL A oe Foo aon oi bo oo UG oO Oc 397
Sha eA ergot ols Geto Geo Ub 5 CH te Oo Ceinlo oOo os5-o ld oc oe 307
Wright, William Aldis........ FS toe Ohno Sonate hadece as Og tO eS 94
Members Presented to the Chair... ... AREAS) Wagan Prem ters cn eh teenies 3, 68, 95, 127, 640
Membership Accepted... .... oR re ene LAO ete 3, 68, 95, 345, 555, 640
1DYv DUAL Way Sem eh CSA G Mol ORO en eect OC DOOMOPORG OGG n Gdaidlo ao > oT
Morris, J. C., Obituary Notice of Henry Hartshorme:..5 25 2. 15 oe 3 «+ « : i
IN (ehyperory ran O) Loven! OULU oR Ges owen ees | “Cro OMosGy ceded of GSONG od GeoeoG 6.5 coo 555
Obituaries Ordered :
Bullocks CHATS vpeocney erecce at a act ote ot ide tee ately cen per temacesnl Shc 345
_ ‘Tilghman, William Me ie 3850.) ue, oe te <3 et we, oe) le) ost ole @. ab enone
Obituary NOtGeS: 1.0.5 is Shee (he aie cl eet ages) ep Semel a eRe wile olan eos i
Phallic Rites and Initiation Ceremonies of the South Australian Aborigines. . . 555, 622
Phillips Prize -Mssaye ot oh sestce lw heel te OR Coh amr are Sui cia O - 398, 359, 554
Reportof Judges’of Awardiof thes .%. 22) 6 sce ao owas een mee ins - 308
Piertds, he DWescentiofithe’. ~ <5 sss, <:t.\sis ol Cotes Oe) | ites) oi Relaotaleite eRe In 4
Police Power of the State, Development of Law as Illustrated by Decisions Relating
ar eee arm te kr Ge ara k ty woranOeG toes, Oar ch Soyo Cc 359

INDEX. XV

Page

Royal Saxon Antiquarian Society of Dresden, Invitation to its Seventy-fifth Anniver-
SALTY; sieeve) ol Fut Coo cht Gaby oS0eO a, chileasatech cirsthelcuie leit sta coisa a manctOnne 357
Seal of the King Brunaburgas of Babilony.......... ‘ - 127
Sellers, Coleman, Carbide of Calcium and Caustic Soda............ MLO 345
ShuteldGek- wi. Osteologyiofithe | Strigess <6. ss) i) etvetle c) eee cess te eaniene 665
Osteolopyofsthe: Woodpeckersi.vs< << eis os ee a) ote es enn reis 555, 578
South Australian Aborigines, Divisions of the.......... Po oui ets Gag) likey 74S
Phallic Rites and Initiation Ceremonies of the.............. 655, 622
Standerd’s Bureau, National........ ech acy suisse tomcepe Weta ive eaten 128, 345
Stokes, Sir George, Medal Struck in Honorof....-......... ooo 95
Striges, Osteology ofthe. ..... OT ORC CMSA. Gated SOROND b Bro WAbiy eiteceen, (oe)
Vertebrates of Carboniferous Age, Description of Some... ...........2 - 96
Washington. Gen, Photograph ofa Portraitiof... . <.. <5 4 ss <)eeene) ce ee 68
Western Australia, Native Tribes of. ......... Sy leiietre ents soy ertethure 94, 96, 123

Woodpeckers: |OsteolopyrOf these out: ceiisy cs: a hess oh ets 52. seks. semen ene 555, 578

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PROCEEDINGS
os PHILOSOPHICAL SOCIETY —
HELD AT PIILADELPILS FOR PROMOTING USEFUL KNOWLEDGE.

Vou. XXXIX. JANUARY TO Maron, 1900. No. 161.

ee — a a ee +s — ~

ee yee) Gr CONTENTS.

( 8 a ae MOTAEAG) Sb sere Salen 6 Gi Steak hasta PI ae s
Tribes of Western Australia. By R. H. Maruews, L.S.......

a oe e «PHILADELPHIA :
= Tue AMERICAN PHILOSOPHICAL SOCIETY,
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¥
y
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Q
a

L- Stated Meeting, April 6, 1900............ Be cela oe eae 127
. American History from German Archives. By J. G. ROSENGARTEN, 129
Bt _ Calendar of the Correspondence of Major-General Nathanael

§ Greene, Quartermaster-General U.S. A.............0..c eee ec eee 154
: Stated: Meeting: April 20, 1900... <..... 0.62200 cecccveivecevecceehe 345
_ ss - Stated Meeting, May 4, 15 DS SIS ae ARE Sc eee Beye rss Fr 345
ee

*E Historical Sketch of Gortyna and Allied Genera. By A. RADCLIFFE

S Ro en Ec Mtns fos aire nhe chad olen elas oan ace = Ani ve ee wipe sila a sitet 346
2 a hapnee CE ULILG SIMBY LEN LIOO osc. oes hala ate e ec aces otneen wae 357
% a PI CCEA IMEI. LOUD Meo eysin a oo os oes os wow oo es ede week ees 308
aR ‘i

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MAGELLANIC PREMIUM.

FOUNDED IN 1786, BY
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OF LONDON.

1900.

Tue American Puivosopnicat Society,

Held at Philadelphia, for Promoting Useful Knowledge
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DECEMBER, 1900,

IT WILL AWARD ITS

MAGELLANIC GOLD MEDAL

to the author of the best discovery, or most useful invention, relating to Navi-
gation, Astronomy, or Natural Philosophy (mere natural history
only excepted) under the following conditions :

1. The candidate shall, on or before November 1, 1900 deliver, free
of postage or other charges, his discovery, invention or improvement,
addressed to the President of the American Philosophical Society, No.
104 South Fifth Street, Philadelphia, U. S. A., and shall distinguish his
performance by some motto, device, or other signature. With his dis-
covery, invention, or improvement, he shall also send a sealed letter
containing the same motto, device, or signature, and subscribed with the
real name and place of residence of the author.

2. Persons of any nation, sect or denomination whatever, shall be
adinitted as candidates for this premium.

3. No discovery, invention or improvement shall be entitled to this
pee, which hath been already published, or for which the author

ath been publicly rewarded elsewhere.

4. The candidate shall communicate his discovery, invention or im-
provement, either in the English, French, German, or Latin language.

5. A full account of the crowned subject shall be published by the
Society, as soon as may be after the adjudication, either in a separate
publication, or in the next succeeding volume of their Transactions, or
in both.

6. The premium shall consist of an oval plate of solid standard gold
of the value of ten guineas, suitably inscribed, with the seal of the Society
annexed to the medal by a ribbon.

All correspondence in relation hereto should be addressed
TO THE SECRETARIES OF THE

AMERICAN PHILOSOPHICAL SOCIETY,

No. 104 SOUTH FIFTH STREET,
PHILADELPHIA, U. S. A.

TRANSACTIONS —

OF. THE

HELD AT PHILADELPHIA,
FOR PROMOTING USEFUL KNOWLEDGE.

Vol. XIX, New Series. lo, pp. 415, with 25 P Les
Lately Published. oh

CONTENTS.
Art. I.—A New Method of Determining the General Pertu a=
tions of the Minor Planets. By WILLIAM MCKNIGHT
RITTER, M.A. rac

Certain Insects. By JOHN B. SMITH, Sc.D. x

Art. IlIl.—Some Experiments with the Saliva of the Gila M
(Heloderma suspectum). By JOHN VAN DENBUR
PH.D.

Stellar Systems. By T. J. J. SEE, A.M., Ph.D. oe 1
Art. V.—On the Glossophagine. By HARRISON ALLEN, M.

Art. Vl.—The Skull and Teeth of Ectophylla alba. By HARRI
ALLEN, M.D.

Art. VII.—The Osteology of Elotherium. By W. B. ScorT.

Art. VIII—Notes on the Canide of the White River Oligoc
By W. B. SCOTT.

Art. IX.—Contributions to a Revision of the North Ameri
Beavers, Otters and Fishers. By SAMUEL N. RHOA

Vol. XX, New Series. Part I, gto, pp. 62, with 3 pla s. 3
Fust Published. as

Art. 1.—The History of the Pelycosauria, with a Description f
the Genus Dimetrodon Cope. By G. BAUR an
EB. \C CASE,

SUBSCRIPTION—FIVE DOLLARS PER VOLUME. %
SEPARATE PARTS ARE NOT SOLD.
Address THE LIBRARIAN OF THE

AMERICAN PHILOSOPHICAL SocIETY, 3
No. 104 SOUTH FIFTH STREET,

PROCEEDINGS

OF THE

AMERICAN PHILOSOPHICAL SOCIETY
HELD AT PHILADELPHIS FOR PROMOTING USEFUL KNOWLEDGE.

Vou. XXXIX. JULY TO SEPTEMBER, 1900. No. 163

CONTENTS.

THE DEVELOPMENT OF LAW as ILLUSTRATED BY THE
Decisions RELATING TO THE POLICE

POWER OF THE STATE,

BY W. G. HASTINGS, ESQ.,

OF WILBER, NEBRASKA.

The Crowned Essay for which the Prize of two thousand dollars was awarded, on

June 19, 1900, from the Henry M. Phillips Prize Essay Fund, by the Committee

of Judges appointed by the American Philosophigal Society held at Philadel-
phia for Promoting Useful Knowledge.

COMMITTEE OF JUDGES. pte
GEORGE F.. EDMUNDS, Vermont. y~. -9ja\@" Mistliaiieg
S. W. PENNYPACKER, Pennsyl
GEORGE WHARTON PEPPER, ennpylveti 1 {90s
GEORGE GkAY, Delaware.

EDWARD PATTERSON, New Y

PHILADELPHIA :
THe AMERICAN PHILOSOPHICAL SOCIETY,
104 South Fifth Street.
1900,

It si ctioted that all correspondence be addressed

|

To THE SECRETARIES 0 OF THE

o

Members at please nave amen to ae Secretari
inaccuracy in name or address as given on the vappers

number. -

ee

-

Members who Nee not as yet sent their photographs

Society will confer a favor by so doing

a)

+

cabinet size prefe

MAGELLANIC PREMIUM.

FOUNDED IN 1786, BY
JOHN HYACINTH DE MAGELLAN,
OF LONDON.

1901.

Tue American Puivosopnicat Society,
Held at Philadelphia, for Promoting Useful Knowledge
ANNOUNCES THAT IN

DECEMBER, 1901,

IT WILL AWARD ITS

MAGELLANIC GOLD MEDAL

to the author of the best discovery, or most useful invention, relating to Navi-
gation, Astronomy, or Natural Philosophy (mere natural history
only excepted) under the following conditions:

1. The candidate shall, on or before November 1, 1901 deliver, free
of postage or other charges, his discovery, invention or improvement,
addressed: to the President of the American Philosophical Society, No.
104 South Fifth Street, Philadelphia, U.S. A., and shall distinguish his
performance by some motto, device, or other signature. With his dis-
covery, invention, or improvement, he shall also send a sealed letter
containing the same motto, device, or signature, and subscribed with the
real name and place of residence of the author.

2. Persons of any nation, sect or denomination whatever, shall be
adinitted as candidates for this premium.

3. No discovery, invention or improvement shall be entitled to this
premium, which hath been already published, or for which the author
hath been publicly rewarded elsewhere.

4. The candidate shall communicate his discovery, invention or im-
provement, either in the English, French, German, or Latin language.

5. A full account of the crowned subject shall be published by the
Society, as soon as may be after the adjudication, either in a separate
publication, or in the next succeeding volume of their Transactions, or
in both.

6. The premium shall consist of an oval plate of solid standard gold
of the value of ten guineas, suitably inscribed, with the seal of the Society
annexed to the medal by a ribbon.

All correspondence in relation hereto should be addressed
TO THE SECRETARIES OF THE

AMERICAN PHILOSOPHICAL SOCIETY,
No. 104 SOUTH FIFTH STREET,
PHILADELPHIA, U. S. A.

TRANSACTIONS

OF THE

American Philosophical Society,

“HELD AT PHILADELPHIA,
FOR PROMOTING USEFUL KNOWLEDGE.

Vol. XIX, New Series. gto, pp. 415, with 25 Plates.
Lately Published.

CONTENTS.
Art. I.—A New Method of Determining the General Perturba-
tions of the Minor Planets. By WILLIAM MCKNIGHT
RITTER, M.A.

Art II.—An Essay on the Development of the Mouth Parts of
Certain Insects. By JOHN B. SMITH, Sc.D.

Art. 11] —Some Experiments with the Saliva of the Gila_Monster
(Heloderma suspectum). By JOHN VAN DENBURGH,
PH D.

Art. 1V.—Results of Recent Researches on the Evolution of the
Stellar Systems. By T. J. J. SEE, A.M., Ph.D. (Berlin).

Art. V.—On the Glossophagine. By HARRISON ALLEN, M.D.

Art. VI.—The Skull and Teeth of Ectophylla alba. By HARRISON
ALLEN, M.D.

‘Art. Vil.—The Osteology of Elotherium. By W. B. SCOTT.

Art. VIII].—Notes on the Canide of the White River Oligacenes
By W. B. SCOTT.

Art. IX.—Contributions to a Revision of the North American
Beavers, Otters and Fishers. By SAMUEL N. RHOADS.

’

Vol. XX, New Series. Part I, gto, pp. 62, with 3 plates.
Fust Published.
Art. |.—The History of the Pelycosauria, with a Description of
the Genus Dimetrodon Cope. By G. BAUR and
Ba OASE,

SUBSCRIPTION—FIVE DOLLARS PER VOLUME.
SEPARATE PARTS ARE NOT SOLD.

Address THE LIBRARIAN OF THE

AMERICAN PHILOSOPHICAL SOCIETY,
No. 104 SOUTH FIFTH STREET,
PHILADELPHIA, U.S A.

“

AT cade’ 22
Seer nx

PROCEEDINGS

OF THE

MERICAN PHILOSOPHICAL SOCIETY.
mw sr ania FOR PROMOTING USEFUL KNOWLEDGE.

_— OcrozeR-Decemper, 1900. No. 164.

CONTENTS.

on the aavesoey of the epiacksts:
(with plates) ..-..-..

ed Mastin November 16, 1900
Mars: on Glacial Epochs. By PercrvaL LowELu
Stated Meeting, December 7, 1900
‘the Osteology of the Striges. By R. W. Suvuretpt, M.D, (with

PHILADELPHIA :

THe AMERICAN PHILOSOPHICAL SOcIeTyY,
104 South Fifth Street.
1900.

It is requested that all conresponience he addressed

ri K +

To THE SECRETARIES OF THE

+

Members who have not as yet sent fhelg photograph

Society will confer a favor by so doing ; cabinet size pref

FOUNDED IN 1786, BY
JOHN HYACINTH DE MAGELLAN,
eee OF LONDON.

Q 1901.

The AMERICAN PuivosopricaL Society,

Held at Philadelphia, for Promoting Useful Knowledge
ANNOUNCES THAT IN

DECEMBER, 1901,

IT WILL AWARD ITS

MAGELLANIC GOLD MEDAL

to the author of the best discovery, or most useful invention, relating to Navi-
gation, Astronomy, or Natural Philosophy (mere natural history
only excepted) under the followirig conditions:

1. The candidate shall, on or before November 1, 1901 deliver, free
of postage or other charges, his discovery, invention or improvement,
addressed to the President of the American Philosophical Society, No.
104 South Fifth Street, Philadelphia, U.S. A., and shall distinguish his
performance by some motto, device, or other signature. With his dis-
covery, invention, or improvement, he shall also send a sealed letter
containing the same motto, device, or signature, and subscribed with the
real name and place of residence of the author.

2. Persons of any nation, sect or denomination whatever, shall be
adinitted as candidates for this premium.

3. No discovery, invention or improvement shall be entitled to this
agen which hath been already published, or for which the author

ath been publicly rewarded elsewhere.
4. The candidate shall communicate his discovery, invention or im-

_» provement, either in the English, French, German, or Latin language.

5. A full account of the crowned subject shall be published by the
‘ Society, as soon as may be after the adjudication, either in’ a separate
publication, or in the next succeeding volume of their Transactions, or
im both.

6. The premium shal) consist of an oval plate of solid standard gold
of the value of ten guineas, suitably inscribed, with the seal of the Society
annexed to the medal by a ribbon,

All correspondence in relation hereto should be addressed

a TO THE SECRETARIES OF THE

ee AMERICAN PHILOSOPHICAL SOCIETY,

See No. 104 SOUTH Firtu STREET,

Sa PHILADELPHIA, U. S. A.

TRANSACTIONS —
3 OF THE *

American Philosophical 6a a

HELD AT PHILADELPHIA,
FOR PROMOTING USEFUL KNOWLEDGE.

Vol. XTX, New Series. aes Dp. 415, ie 25 Plate
Lately Published. 3 oe

CONTENTS. LF

tions of the Minor Planets. By WILLIAM MCKNI |
RITTER, M.A. K Py Mer

(eed one a ee JOHN VAN ‘Dene
PH D. S

Art. 1V.—Results of Recent Researches on the Evolution 3
Stellar Systems. By T. J. J. SEE, A, M., Ph.D. (B
Art. V.—On the Glossophagine. By HARRISON ALLEN, M

Art. VI1—The Skull and Teeth of Ectophylla alba. By HAR SON
ALLEN, M.D.

a
Art. VII.—The Osteology of Eietherary By W.B. ScorT,

Art. VIII.—Notes on the Canide of the White River Oligoe
By W. B. SCOTT.

Art. IX.—Contributions to a Revision of the North Am
Beavers, Otters and Fishers. By SAMUEL N. Rt

Vol. XX, New Series. Part I, gto, pp. 62, with 3 p
Fust Published. .
Art. I. ee; he History of the Pelycosauria, with a Descripti

the Genus Dimetrodon ‘Cope. = G. BAUR “ar
Be" Gs CASE; oe

: SUBSCRIPTION_FIVE DOLLARS PER VOLUME.
SEPARATE PARTS ARE NOT SOLD. :

Address THE LIBRARIAN OF THE
AMERICAN PHILOSOPHICAL SOCIETY,
No. 104 SOUTH FIFTH STREET, | a

PHLLADELPIHA, U

i] ; fi, is
0 Aa i,
i 7 “F ,

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