fV. ^y^-- K (>\.Ji\. isTORiCAL Essays INDIANS. TEEDYUSCUNG. f 1 iR^i >!■ rri.^MENT 6y wilkes-barrk OLD FORGE. EARLY METHODISM COAL: ITS ANTIQUITY. , i hISCOVEKV AM' I AKI V III AEIOPMENT IN THE WVOMIN'. VAI I.KN SABBATH-SUNDAY ^l ND.\Y lEGISLATION. '"■rr, B. KULP, il-MliKH)uiiAI-HM»-Ot- lUH \v\uMINr. HISTORICAL ANIJ oKOLi".i..Ai AUTHOR OF " I AMIUIB^OF THE WYOMING VAX-LEV," KTC. W;ILKE.S-BARRE, PA I 8 9 2 . Historical Essays INDIANS. TEEDYUSCUNG. FIRST SETTLEMENT OF WILKES-BARRE. OLD FORGE. EARLY METHODISM. COAL; ITS ANTIQUITY. DISCOVERY AND EARLY DEVELOPMENT IN THE WYOMING VALLEY. SABBATH-SUNDAY. SUNDAY LEGISLATION. GEO. b/kULP, HISTORIOGRAPHER OF THB WYOMING HISTORICAL AND GEOLOGICAL SOCIETY AUTHOR OF " FAMILIES OF THE WYOMING VALLEY," ETC. WILKES-BARRE, PA. 1892. ^ i Copyright, 1892, BY Geo. B. Kulp.. CONTENTS. PAGE. INDIANS, 1 COAL, 57 SABBATH— SUNDAY, 91 OLD FORGE 145 INDIANS. TEEDYUSCUNG FIRST SETTLEMENT OF WILKES-BARRE. TEEDYUSCUNO INDIANS. TEEDYUSCUNG. FIRST SETTLEMENT OF WILKES-BARRE. "Alas ! for them their day is o'er, Their fires are out from shore to shore. No more for them the wild deer bounds, The plough is on their hunting grounds ; The pale man's axe rings through their woods, The pale man's sail skims o'er their floods ; Their children — look, by power oppressed, Beyond the mountains of the West — Their children go — to die. ' ' When the Europeans first discovered the Western Con- tinent they found it inhabited by human beings. They called them Indians, because they thought they had arrived at the eastern coast of India — that great country for which they had so anxiously sought a short passage. Though erroneously applied the name then given them remains un- changed. All Europeans had been taught to call them by this name ; they recognized them by it, and they could not change it. It is not known that a change of name was even suggested, much less attempted, and it is possible that these Indians received the right name by accident, though their discoverers found them in a great country, far removed from the continent, whence it is believed they had their origin. The Europeans found tribes of these Indians scat- tered along the entire eastern coast of this country, from Maine to Florida, and each tribe had a different name. Their origin was not then known ; and it is not known now to a ccrtaint}', though four hundred years have elapsed since their discovery here. Who were they? It is sup- posed that they originally came from the far west, even from Asia — having wandered thence in some manner, either by land or sea, toward the rising sun, to this continent. When they landed in the west, and especially when they reached the eastern coast, is still one of the great mysteries of our interesting history. It may be that they wandered eastwardly from a given point, just as the Japhetic tribe of men wandered westwardly. If the theory of the Bible is correct, all mankind must have originated from the few survivors of the great flood, who landed on Mount Ararat, in Asia. After this great event Japheth and his family and their descendants migrated to the west ; Ham, his family and their descendants to the south, and Shem, his family and their descendants to the east. Accordingly, these "Indians" may have descended from Shem. A very long period must have elapsed till they became settled along the Atlantic coast. Yet it would seem that they had reached this point before the descendants of Japheth, who, in their developments and geographical move- ments, proceeded in an opposite direction. This was a re- markable meeting in the history of progressive civilization. Reckoning the flood to have transpired, according to sacred history, in the year 2348, before Christ, they met after the lapse of three thousand eight hundred and forty years / On the one hand, the "Indians" were guided alone by the "Great Spirit," preserving naught as they went from cen- tury to century, and from one continent to the other, but their instincts, their manners, and their languages, and ap- parently showing no improvement in social, mental and spiritual development, without literature of any kind, ex- cepting rude inscriptions on rocks and stones. On the other, the Europeans were guided by reason, producing one improvement after the other in e\ery department of life, ac- 5 companied by an abiding faith in God, by Revelation, and by the Bible, and developing literature as wonderful in ex- tent as it was superior in character. What a vast difference in mankind such a time had produced ! Who can explain it ? Why were they not kept equal in the progress of time ? Eastwardly, though to catch, as it were, the rising sun, and, by getting into the dawning light of day, to become pos- sessor of his Creator's excellence, the one went into bar- barity and darkness ; westwardly, though after the setting sun and into darkness, the other went into civilization and light. This is a contrast, indeed, wonderful to relate and truly surprising to understand ! A comparison of the man- ners and customs of the "Indians," as they have been given to us by early settlers and historians from the time of the first settlements in our country, say about 1600, A. D., with the manners and customs of western Asia, as they have been transmitted to us by literature for an equal period be- fore Christ, say 1600, reveals many similarities, especially in the daily affairs of domestic life. In spiritual life both believ^ed in God, and knew what it was to be truthful and honorable in social and political life. Yet, of the two classes which has distinguished itself the most in point of social honor and political integrity. The Indians have been universally praised for these qualities, notwithstanding their heartless barbarity and mental darkness, but the Europeans have received continuous and general condemnation for the remarkable want of these qualities, guided, even as they claimed to ha\e been by the love of God and the light of the mind. The Lcnni Lcnape, or the original people, as they called themselves, inhabited principally the shores of the river Delaware, thence their name. The Lenape were of western origin, and nearly forty tribes, according to Heckewelder, acknowledged them as their "grandfathers" or parent stock. It was related by the braves of the Dclawares, that many centuries previous their ancestors dwelt far in the western wilds of the American continent, but emigrating eastwardly, arri\cd after many )'ears on the Mississippi, or riv^er offish, where they fell in with the Mengwe (Iroquois), who had also emigrated from a distant country, and approached this river somewhat nearer its source. The spies of the Lenape reported the country on the east of the Mississippi to be inhabited by a powerful nation, dwelling in large towns erected upon their principal rivers. This people, tall and stout, some of whom, as tradition reports, were of gigantic mould, bore the name of AUegewi, and from them were derived the names of the Allegheny river and moun- tains. Their towns were defended by regular fortifications or intrenchments of earth, vestiges of which are yet shown in greater or less preservation. The Lenape requested per- mission to establish themselves in their vicinity. This was refused, but leave was given them to pass the river and seek a country farther to the eastward. But, whilst the Lenape were crossing the river, the Allegcwi, becoming alarmed at their number, assailed and destroyed many of those who had reached the eastern shore, and threatened a like fate to the others should they attempt the stream. Fired at the loss they had sustained, the Lenape eagerly accepted a proposition from the Mengwe, who had hitherto been spectators only of their enterprise, to conquer and di- vide the countr)^ A war of many }'ears duration was waged b)' the united nations, marked by great havoc on both sides, w hich e\eiituated in the conquest and expulsion (.if the Allegewi, who fled by the way of the Mississippi never to return. Their de\astated countr\- was apportioned among the conciuerors ; the Iroquois choosing their resi- dence in the neighborhood of the great lakes, and the Lenape possessing themselves of the lands to the south. After many ages, during which the conquerors lived to- getiier in great harmony, the enterprising hunters of the Lenape crossed the Allegheny mountains, and discovered the great rivers Susquehanna and Delaware, and their re- spective bays. Exploring the SJicyicJibi country (New Jer- sey) they arrived on the Hudson, to which they subse- quently gave the name of the MoJiicannittuck river. Re- turning to their nation, after a long absence, they reported their discoveries, describing the country they had visited as abounding in game and fruits, fish and fowl, and desti- tute of inhabitants. Concluding this to be the country destined for them by the Great Spirit, the Lenape proceeded to establish themselves upon the principal rivers of the east, making the Delaware, to which they gave the name of Lenape-iinJiittuck (the river or stream of the Lenape), the centre of their possessions. They say, however, that all of their nation who crossed the Mississippi did not reach this country, a part remaining behind to assist that portion of their people who, frightened by the reception which the Allegewi had given to their countrymen, fled far to the west of the Mississippi. They were finally divided into three great bodies, the larger half of the whole settled on the At- lantic, the other half was separated into two parts, the stronger continued beyond the Mississippi, the other re- mained on its eastern bank. Those on the Atlantic were subdivided into three tribes — the Turtle or Delawares of the sea shore ; the Turkeys or Delawares of the woods, and the Wolves or Delawares of the mountains. The two former inhabited the coast, from the Hudson to the Potomac, set- tling in small bodies in towns and villages upon the larger streams, under the chiefs subordinate to the great council of the nation. The Wolves or Minsi, called by the English Monseys, the most warlike of the three tribes, dwelt in the interior, forming a barrier between their nation and the Mcngwe. They extended themselves from the Minisink on the Delaware, where they held their council seat, to the Hudson on the east, to the Susquehanna on the southwest, 8 to the head waters of the Delaware and Susquehanna rivers on the north, and to that range of hills now known in New Jersey by the name of Muskenecun, and by those of Le- high and Conewago in Pennsylvania. Many subordinate tribes proceeded from these, who received names from their places of residence, or from some accidental circumstance, at the time of its occurrence remarkable, but now forgotten. Such probably were the Shawanese, the Nanticokes, the Susquehannas, the Neshamines, and other tribes resident in or near the province of Pennsylvania at the time of its set- tlement. The Mengwe hovered for some time on the border of the lakes, with their canoes in readiness to fly should the Allegewi return. Having grown bolder, and their numbers increasing, they stretched themselves along the St. Law- rence, and became, on the north, near neighbors to the Lenape tribes. The Mengwe and the Lenape in the pro- gress of time became enemies. The latter represent the former as treacherous and cruel, pursuing pertinaciously an insiduous and destructive policy toward their more gener- ous neighbors. Dreading the power of the Lenape, the Mengwe resolved to involve them in war with distant tribes, to reduce their strength. They committed murders upon the members of one tribe, and induced the injured party to believe they were perpetrated by another. They stole into the country of the Dclawares, surprised them in their hunting parties, slaughtered the hunters and escaped with the plunder. Each nation or tribe had a particular mark upon its war clubs which, left beside a murdered per- son, denoted the aggressor. The Mengwe perpetrated a murder in the Cherokee country, and left with the dead body a war club bearing the insignia of the Lenape. The Cherokees, in revenge, fell suddenly upon the latter and commenced a long and bloody war. The treachery of the Mengwe was at length discovered, and the Delawares turned upon them with the determination utterly to extirpate them. They were the more strongly induced to take this resolu- tion, as the cannibal propensities of the Mcngwe, according to Heckewelder, had reduced them, in the estimation of the Delawares, below the rank of human beings. Hitherto each tribe of the Mengwe had acted under the direction of its particular chiefs, and, although the nation could not control the conduct of its members, it was made responsible for their outrages. Pressed by the Lenape, they resolved to form a confederation which might enable them better to concentrate their force in war, and to regulate their affairs in peace. Thannawage, an a^ed Mohawk, was the project- or of this alliance. Under his auspices, five nations — the Mohawks, Oneidas, Onondagoes, Cayugas and Senecas formed a species of republic, governed by the united coun- cils of their aged and experienced chiefs. To these a sixth nation, the Tuscaroras, was added in 17 12. This last origi- nally dwelt in the w^estern parts of North Carolina, but having formed a deep and general conspiracy to extermi- nate the whites, were, as stated in Smith's history of New^ York, driven from their country and adopted by the Iro- quois confederacy. The beneficial effects of this system early displayed themselves. The Lenape were checked, and the Mengwe, whose warlike disposition soon familiar- ized them with fire arms procured from the Dutch, were enabled, at the same time, to contend with them and to re- sist the French, who now attempted the settlement of Canada, and to extend their conquests over a large portion of the country between the Atlantic and Mississippi. But, being pressed hard by their new enemies, they became de- sirous of reconcilliation with their old enemies, and for this purpose, if the tradition of the Delawares be credited, they effected one of the most extraordinary strokes of policy which history has recorded. The mediators between the Indian nations at war are the women. The men, however weaiy of the contest, hold it cowardly and disgraceful to L 10 seek rcconcilliation. They deem it inconsistent in a war- rior to speak of peace with bloody weapons in his hands. He must maintain a determined courage, and appear at all times as ready and willing to fight as at the commencement of hostilities. With such dispositions, Indian wars would be interminable if the women did not interfere and persuade the combatants to bury the hatchet and make peace with each other. On these occasions the women pleaded their cause with much eloquence. "Not a warrior," they would say, "but laments the loss of a son, a brother or a friend. And mothers, who have borne with cheerfulness the pangs of child-birth, and the anxieties that wait upon the infancy and adolescence of their sons, behold their promised bless- ings crushed in the field of battle, or perishing at the stake in unutterable torments. In the depth of their grief they curse their wretched existence, and shudder at the idea of bearing children." They conjured the warriors, therefore, by their suffering wives, their helpless children, their homes and their friends, to interchange forgiveness, to cast away their arms, and smoking together the pipe of amity and peace, to embrace as friends those whom they had learned to esteem as enemies. Prayers thus urged seldom failed of their desired effect. The function of the peace-maker was honorable and dignified, and its assumption by a courageous and powerful nation could not be inglorious. This station the Meng-we urged upon the Lenape. "They had reflected," they said, "upon the state of the Indian race and were con- vinced that no means remained to preserve it unless some magnanimous nation would assume the character of the ivo))ian. It could not be given to a weak and contemptible tribe, such would not be listened to, but the Lenape and their allies would at once possess influence and commantl respect." The facts upon which these arguments were founded were known to the Delawares, and, in a moment of blind confidence in the sincerity of the Iroquois, they ac- II ceded to the proposition and assumed the petticoat. The ceremony of the metamorphosis was performed with great rejoicings at Albany, in 1617, in the presence of the Dutch, whom the Lenape charged with having conspired with the Mengwe for their destruction. Having thus disarmed the Delawares, the Iroquois assumed over them the rights of protection and command. But still dreading their strength, they artfully involved them again in war with the Chero- kees, promised to fight their battles, led them into an am- bush of their foes, and deserted them. The Delawares at length comprehended the treachery of their arch enemy, and resolved to resume their arms, and being still superior in numbers, to crush them. But it was too late. The Europeans were now making their way into the country in every direction, and gave ample employment to the aston- ished Lenape. The Mengwe denied these machinations. They averred that they conquered the Delawares by force of arms, and made them a subject people. And, though it was said they were unable to detail the circumstances of this conquest, it is more rational to suppose it true, than that a brave, numerous and warlike nation should have vol- untarily suffered themselves to be disarmed and enslaved by a shallow artifice, or, that discovering the fraud practiced upon them, they should unresistingly have submitted to its consequences. This conquest was not an empty acquisi- tion to the Mengwe. They claimed dominion over all the lands occupied by the Delawares, and, in many instances, their claims were distinctly acknowledged. Parties of the Five Nations occasionally occupied the Lenape country and wandered over it at all times at their pleasure. Event- ually, in i756,Teedyuscung, the noted Delaware chief, seems to have compelled the Iroquois to acknowledge the inde- pendence of his tribe, but the claim of superiority was often afterwards revived. 12 Tcedyuscung, according to his own statement, was born about the year 1700, in New Jersey, east of Trenton, in which neighborhood his ancestors of the Lenape had been seated from time immemorial. Old Captain Harris, a noted Delaware, was the father of Teedyuscung. The same was the father also of Captain John of Nazareth, of young Cap- tain Harris, of Tom, of Joe and of Sam Evans, a family of high spirited sons who were not in good repute with their white neighbors. The latter named them, it is true, for men of their own people, and Tcedyuscung they named "Honest John," yet they disliked and then feared them, for the Har- rises were known to grow moody and resentful, and were heard to speak threatening words as they saw their paternal acres passing out of their hands and their hunting grounds converted into pasture and ploughed fields. These they left with reluctance and migrated westward in company with others of the Turtles or Delawares of the lowlands, some from the Raritan, some from below Cranberry and Devil's Brook, some from the Neshannock, and some from the Mouth of Squan and the meadows on Little and Great Egg Harbor. Crossing the great river of their nation they entered the pro\'ince of Pennsj-hania in its Forks. This was about 1730. Finding no white men here they gypsied unmolested along the Lehieton, Martin's and Cobus creeks, the Manakasy, Gattoshacki and the Hockendocque.all south and along theAquanshicolaand Pocopoco north of the Blue Mountain. On crossing this barrier they reached the land of their kinsmen, the Wolf Delawares or Monseys. By these hardy mountaineers they were kindly received, and with them they would often speak of their compulsory exo- dus from the east, to which the Monseys made no reply, but only smiled. Scotch Irish immigrants began to crowd the Delawares in the Forks, south of the mountain, as early as 1735. Two )'ears prior whites had surve)'cd and located unpurchased 13 lands in the upper valley of the Delaware, thereby exasper- ating the Monseys and engendering in their hearts an im- placable resentment which they cherished long after the Turtle Delawares had buried the hatchet and were willing to treat for redress. These highlanders were the warriors who, moody and sullen, hung back at Trout Creek in July, 1756, when Teedyuscung and his company were already in Easton engaged in negotiations for peace. In 1737 the one and a half day's walk was performed. Captain John and other Fork Indians south of the mountain were ex- pelled from their corn lands and peach orchards in 1742. Thus wrong was being heaped on wrong against a day of retribution. Zinzendorf's reconnoisance in July of that year introduced the Moravian missionaries into the homes of the Eastern Delawares, and from that time they preached the Gospel to them on both sides of the mountain. Teedy- uscung, too, heard them first on the Aquanshicola and then on the Mahoning. Impressed by the words of the plainly clad preachers from Bethlehem his religious feelings were moved, and a time came when he was convicted of sin and then sought for admission into Christian fellowship with the Mohicans and Delawares of Gnadenhutten near the mouth of Mahoning creek. Carbon county, by baptism. The brethren hesitated long before they acceded to his re- quest, for they tell us that the man was unstable as water, and like a reed shaken before the wind. Hence they granted him a time of probation, and as he reiterated his re- quest at its close they consented to admit him into their communion. On the twelfth of March, accordingly, he was baptized in the little turreted chapel on the Mahoning, Bishop Cammerhoff administering the rite. The ceremony was performed in accordance with the solemn ritual ob- served among the Moravians at that time in the baptism of adults, and when the straight limbed Delaware, robed in white, rose from bended knee, he rose as Gideon the name- 14 sake of "the son of Joash the Abiezrite, who threshed wheat in the wine press to hide it from the Midianites." Thus Teedj'uscung became a member of the Christian church, and yet failed as so many do to become a Christian. The lessons of the Divine Master whom he had promised to fol- low proved distasteful to him as he found they demanded renunciation of self, the practice of humility, the forgive- ness of injuries and the return of good for evil. They w^ere different from the doctrines taught in the school of nature in which he had long been educated. Hence he ill-brooked the restraints imposed upon him in the "Huts of Grace," and resisted the influence of the Good Spirit that sought to dispossess him of the resentment that burned within his soul when he remembered how his countrymen were being injured by the whites and how they had been traduced and were being oppressed by the imperious Iroquois. And once when his untamed brethren came down from the Min- nisinks to Gnadenhutten, bringing their unshod ponies and their broken flint locks to the smithy they opened their hearts to him wide and took him into their councils. These intended war. Telling him that the hour was come to pre- pare to rise against their oppressors they asked him to lead them and be their king. That was the evil moment in which he was dazzled by the prospect of a crown and traf- ficked his peace of mind for the unrest of ambition. This was in the spring of 1754. Mohican Abraham also turned renegade, and the two chieftains together prevailed with seventy of the congregation to remove to Wyoming. The Delaware chief at Wyoming was Tadame or Tamman)', of whom at this day but little is known. He was variously called Temane, Tamenand, Taminent, Tameny and Tam- many. According to one account he was the first Indian to welcome William Penn to this country, and was a party to Penn's famous treaty. A tradition is that the evil spirit sought to jir/s, the haughty Iroquois could not brook this advancement of a supposed inferior, and the reflection had been rankling in their bosoms until it was determined to cut ofTthe object of their hate. Certain, however, it is, that for some time se\'eral of the Six Nations 51 had been visiting at Wyoming without any ostensible ob- ject, minghng, socially, with the Delawares, and appearing on friendly terms with the old chief. Whiskey had been obtained, which, when in his power, the Indian propensity was too strong to be resisted, and he drank until inebriation overpowered his senses, and he lay sleeping in his wigwam scarcely conscious of life, and wholly unsuspicious of dan- ger. In the dead of night, on April 19, 1763, the house of Teedyuscung, and twenty of the surrounding dwellings burst, almost at the same moment, into flames, and thus the great Delaware king miserably perished. The wickedness of this deed of darkness was heightened by an act of still greater atrocity. Th-ey charged the assassination upon the white settlers from Connecticut, and had the address to in- spire the Delawares with such a belief. The consequences may readily be anticipated. Teedyuscung was greatly be- loved by his people, and their exasperation at "the deep dam- nation of his taking off," was kindled to a degree of corre- sponding intensity. The white settlers, however, being en- tirely innocent of the transaction — utterly unconscious that it had been imputed to them — were equally unconscious of the storm that was so suddenly to break upon their heads. Their intercourse with the Indians, during the preceding \'car, had been so entirely friendly that they had not even pro\'idcd themseU-es \\ith weapons of self defense, and although there had been some slight manifestations of jealousy at their onward progress, among the Indians, )-ct their pacific relations, thus flir, had not been interrupted, l^ut they were now reposing in false security. Stimulated to revenge by the representations of their false and insidious \isitors, the Delawares, on the 15th of October, rose upon the settlement and massacred twelve of the people in cold blood, at noonday, while engaged in the labors of the field on the flats in the lower part of this city. Those who escaped ran to the adjacent plantations to apprize them of 52 what had happened, and were the swift messengers of the painful intelligence to the houses of the settlement and the families of the slain. It was an hour of sad consternation. Having no arms even for self defense, the people were com- pelled at once to seize upon such few of their effects as they could carry upon their shoulders, and flee to the mountains. As they turned back, during their ascent, to steal an oc- casional glance at the beautiful valley below, they beheld the savages driving their cattle away to their own towns, and plundering their houses of the goods that had been left. At nightfall the torch was applied and the darkness that hung over the vale was illuminated by the lurid flames of their own dwellings —the abodes of happiness and peace in the morning. Hapless, indeed, was the condition of the fugitives. Their number amounted to several hun- dreds — men, women and children — the infant at the breast, the happy wife a few brief hours before, now a widow in the midst of a group of orphans. The supplies, both of provisions and clothing, which they had sesured in the moment of their flight, were altogether inadequate to their wants. The chilly winds of autumn were howling with melancholy wail among the mountain pines, through which, over rivers and glens, and fearful morasses, they were to thread their way sixty miles to the nearest settlements on the Delaware and thence back to their friends in Connecti- cut, a distance of two hundred and fifty miles. Notwith- standing the hardships they were compelled to encounter, and the deprivations under which they labored, manv of them accomplished the journey in safety, while others, lost in the mazes of the swamps, were never heard of more. Parshall Terry sa)'s : "That early in the month of May (as near as he can recollect), in the year 1763, he, the de- ])onent, w ith a small number of others, went on to Wyom- ing to renew their ptxssessions ; that they were soon joined b)' a large number, being mostly those who had been on 53 the preceding year ; that they took on with them horses, oxen, cows and farming utensils ; that they proceeded to plowing, planting corn and sowing grain of different kinds, building houses, fences and all kinds of farmers business ; that they made large improvements in Wilkes-Barre, Kings- ton, Plymouth and Hanover (as they are now called); that they improved several hundred acres of land with corn and other grain, and procured a large quantity of hay ; that they carried on their business unmolested until the month of October ; that during their residence at Wyoming this season, according to his best recollection, there were about one hundred and fifty settlers who made improvements, though not so great a number on the ground at any one time ; that he also well recollects lands being laid out and lotted on the Susquehanna river the same year, and that he, the deponent, drew a lot at that time in Wilkes-Barre (as it is now called) ; that on the fifteenth day of October the set- tlers being in a scattered condition, on their respective farms, they were attacked by the savages, surprised in every part of their settlement, and all at or near the same time ; that near twenty were killed of the settlers, the others taken and dispersed. The whole of the property of the set- tlers then on the ground fell into the enemy's hands. The deponent recollects the names of several that were killed, viz., the Rev. William Marsh, Thomas Marsh, Timothy HoUistcr, Timothy Hollister, junior, Nathaniel HoUister, Samuel Richards, Nathaniel Terry, Wright Smith, Daniel Baldwin and his wife, Jesse Wiggins, and a woman b)' the name of Zeriah Whitney. Several others were killed whose names he does not recollect." In an appendix to an address delivered at the Wyoming Monument by W. H. Egle, M. D., July 3, 1889, we have a brief narrative of the captivity of Isaac Hollister. He .says: "On the 15th day of October, 1763, as I was at work with my father on the banks of the Susquehannah, the Indians to the number of 54 one hundred and thirt)'-fiv^e came upon us, and killed my father on the spot. My brother, Timothy, who was at work about half mile distant under-went the same fate, as did like- wise fourteen or fifteen others who were at work in different places. The Indians, after they had burnt and destroyed all they could, marched off, and carried me up the Susque- hannah river about one hundred and fifty miles." The names of the survivors were John Jenkins, William Buck, Oliver Smith, Abel Pierce, Obadiah Gore, Daniel Gore, Isaac Underwood, Isaac Bennett, James Atherton, Ebenezer Searles, Ephraim Taylor, Ephraim Taylor, Jr., John Dorrance, Timothy Smith, Jonathan Slocum, Benja- min Follett, Nathan Hurlbut, Isaac Hollister, Matthew Smith, Benjamin Davis, George Minor, John Smith, Elipha- let Stevens, William Stevens, Ephraim Seely, David Honey- well, Jonathan Weeks, Jonathan Weeks, Jr., Philip Weeks, Uriah Stevens, Gideon Lawrence, Stephen Gardner, Augus- tus Hunt, John Comstock, Oliver Jewell, Ezra Dean, Daniel Larence, P2zekiel Pierce, Eilkanah Fuller, Benjamin Ashley, Stephen Lee, Hover, Silas Parke, Moses Kimball, Nathaniel Chapman, Benjamin Shoemaker, Simeon Draper, David Marvin, Parshall Terry. The descendants of a large number of the above named persons still reside in the Wyoming valley, having returned in 1769, when the next attempt at settlement was made. Teedyuscung with all his faults, was yet one of the noblest of his race. Yet, his character stands not well in histor)- — not as well, by any means, as it deserxcs. That he was a man of talent and courage, there can be no ques- tion ; but withal he was greatly subject to the constitutional infirmities of his race, unstable in his purposes, and a lover of the fire waters — the enemy which, received to the lip, steals away the brain, alike of the white man and the red. It has already been seen that he was early a convert — and apparcnth' a sincere one — to the christian fiith of the mis- 55 sionaries. After the suspension of hostilities, and during negotiations for peace, he was much at Bethlehem, and at one time fixed his residence there. His attachment to the brethren he openly av^owed, expressing his determination to keep by them in preference to others of the whites. Elsewhere he exulted in being called a Moravian. Although he had broken his vows and had been unfaithful to his pro- fession, he would frequently, when in conversation with the brethren, revert to his baptism, and feelingly deplore the loss of the peace of mind he had once enjoyed. And hence we doubt not that there were times when, marshalling his savage warriors for deeds of blood in the wild highlands of the Delawares, there would come over him a vision of the "Huts of Grace," in the peaceful valley of the Mahon- ing, and of the turreted chapel in which he had knelt in baptism, and which he had entered so often on holy days, at the sound of the church-going bell. But his faith was too weak to withstand the influence of ambition, and when ele- vated to the supreme chieftainship of the scattering tribes of his nation, his behavior was such as to cause the good missionaries to tremble for his safety, seeing that he became "like a reed shaken by the wind." Hitherto, for many years, his nation had been down-trodden by the Iroquois, but when they determined once more to assert their own manhood, and to grasp the hatchet presented them by the French, electing Teedyuscung their king, as he had been their energetic champion in the councils before, he now be- came, as he was called, "The Trumpet of War." He did not, however, long continue upon the war path, but, as has been seen, became an early advocate and ambassador of peace, although his sincerity in this respect was questioned by the Moravian clergy and likewise by Sir William Johnson. Still it must be recorded in his behalf that he appears never to have entirely forfeited the confidence of the Quakers. They were indeed opposed to the declaration of war against the Indians by Governor Hamilton — believing that the dif- 56 ficulties with them might have been healed by a more pa- cific course. And in this view they had the concurrence of Sir Wilham Johnson. But in regard to the character of Teedyuscung, the sympathies of the baronet were with his own Indians — the Six Nations. They hated, and finally murdered him, and Sir William loved him not. Yet in his correspondence, while he labored to detract somewhat from the lofty pretensions of the Delaware captain, the baronet has conceded to him enough of talent, influence and power among his people to give him a proud rank among the chieftains of his race. Certain it is, that Teedyuscung did much to restore his nation to the rank of Men, of which they had been deprived by the Iroquois, and great allow- ances are to be made on the score of his instability of con- duct, from the peculiar circumstances under which he was often placed. In regard to his religious character and pro- fessions, his memory rests beneath a cloud. There were seasons, according to the records of the faithful missionary, in which he gave signs of penitence and reform. The brethren did all in their power for his reclamation. Oc- casional appearances of contrition at times inspired hopes of success. "As to externals," he once said, 'T possess every- thing in plenty ; but riches are of no use to me, for I have a troubled conscience. I still remember well what it is to feel peace in the heart, but now I have lost all." Yet he soon turned back. All hopes of his case were lost, and in recording his death, the benevolent Loskiel briefly says : "He was burnt in his house at Wajomick, without having given any proof of repentance." The following authorities in part ha\e been consulted in compiling this paper : Chapman, I. A. History of Wyoming. Colonial Records. Day, Sherman. Historical Collections of the State of Pennsylvania. Kgle, W. H., M. D. History- of Pennsylvania. Hollister, H., M. D. History of the Lackawanna Valley. lioyt, H. M. Brief of a Title in the Seventeen Townships. Mif.er, Charles. History of Wyoming. Montgomery, Morton L. Indians of Pennsylvania in Dr. Egle's Historical Register. Pcarce, Stewart. Annals of Luzerne County. Pennsylvania Archives. Reichel, W, C. Memorials of the Moravian Church. Stone, W. L. Poetry and History of Wyoming. COAL: ITS ANTIQUITY. DISCOVERY AND EARLY DEVELOPMENT IN THE W/YOMING VALLEY. COAL, ITS ANTIQUITY. DISCOVERY AND EARLY DEVELOPMENT IN THE WYOMING VALLEY. [Paper read before the Wyoming Historical and Geological Society, June 27, 1890, by George B. Kulp, Esq., Historiographer of the Society.] The word Coal has been derived by some writers from the Hebrew, and by others from the Greek or Latin, but whatever may be its origin, it is deserving of remark that the same sound for the same object is used in the Anglo- Saxon, the Teutonic, the Dutch, the Danish and the Islandic languages. In its most general sense the term Coal includes all varieties of carbonaceous minerals used as fuel. Stone coal is a local English term, but with a signification restricted to the substance known by mineralogists as anthracite. In old English writings the terms pit coal and sea coal are com- monly used. These have reference to the mode in which the mineral is obtained and the manner in which it is trans- ported to market. Anthracite is the most condensed form of mineral coal and the richest in carbon. Its color varies from jet to glistening black, to dark lead gray; it is clean, not soiling the hands ; ignites with difficulty ; burns with a short blue flame without smoke, and with very little illumi- nating power. It gives an intense, concentrated heat. Some varieties when undisturbed while burning, partially retain their shape till nearly consumed, and some become extinct before they have parted with the whole of their carbon. The constituents of anthracite are carbon, water and earthy matters — not in chemical proportions, but in accidental and varying mixtures. There are also other ingredients occa- sionally present, beside the oxide of iron, silica and alumina, which compose the earthy matters or ash. These are sul- phur, bitumen, &c. All coals, including in this designation naphtha, petroleum, asphaltum, &c., are but representatives 6o of the successive changes from vegetable to mineral mat- ters. Anthracite is the condensed coke of bituminous coal. It must be borne in mind that the signification now attached to the word coal is different from that which formerly ob- tained, when wood was the only fuel in general use. Coal then meant the carbonaceous residue obtained in the de- structive distillation of wood, or what is known as charcoal, and the name collier was applied indifferently to both coal miners and charcoal burners. The spelling "cole" was gen- erally used up to the middle of the seventeenth century when it was gradually superseded by the modern form "coal." The plural coals seems to have been used from a very early period to signify the broken fragments of the min- eral as prepared for use. The use of mineral coal as fuel certainly antedates the Christian era, but the date of the earliest mining operations is unknown. A paragraph from the writings of Theo- phrastus, one of Aristotle's disciples, who was born in the year 382 B. C, is quoted to prove its early use, but as no reference is made to mining operations, it seems probable that the coal gathered and "broken for use" was loose out- crop coal. The passage reads : "Those substances that are called coals and are broken for use are earthy, but they kindle and burn like wooden coals. They are found in Lyguria, where there is amber, and in Ellis, over the mountain towards Olympias. They are used by the smiths." The word "coal" frequently occurring in the Bible, is doubtless used to denote wood, charcoal, or any substance used as fuel. The ancient Britons had a primitive name for this fossil, and Pennant says : "That a flint axe, the instrument of the Aborigines of our island, was discovered in a certain vein of coal in Mon- mouthshire, and in such a situation as to render it very ac- cessible to the inexperienced natives who, in early times, were incapable of pursuing the seams to any great depths." Ca;sar takes no notice of coal in his description of England, 6i yet there is good evidence to believe that the Romans brought it into use. In the West Riding of Yorkshire are many beds of cinders, heaped up in the fields, in one of which a number of Roman coins were found some years ago. From Horsely it appears that there was a colliery at Benwell, about four miles west of New Castle upon Tyne, supposed to have been actually worked by the Romans, and it is evident from Whitaker that coals were used as fuel in England by the Saxons. No mention is made of this fossil during the Danish occupation, nor for many years after the Norman conquest. The first charter for the license of dig- ging coals was granted by King Henry III in the year 1239 ; it was there denominated sea coal, and in 1281 Newcastle was famous for its great trade in this article. The privilege of digging coal in the lands of Pittencrief, was conferred by charter on the abbot and convent of Dumferline in 1291, and at a very early period the monks of Newbattle Abbey dug coal from surface-pits on the banks of the Esk. In 1306 the use of sea coal was prohibited in London from its supposed tendency to corrupt the air. Shortly after this it was the common fuel at the King's palace in London, and in 1325 a trade was opened between France and England in which corn was imported and coal was exported. Aeneas Silvius Piccolomini (after\v^ards Pope Pius II), who visited Scotland in the fifteenth century, refers to the fact that the poor people received at the church doors a species of stone which they burned in place of wood, but, although the value of coal for smiths and artificers' work was early recog- nized, it was not generally employed for domestic purposes till about the close of the sixteenth century. In 1606 an Act was passed binding colliers to perpetual service at the works at which they were engaged, and their full emanci- pation did not take place until 1799. In 161 5 there were employed in the coal trade of New Castle four hundred sail of ships, one-half of which supplied 62 London, the remainder the other part of the kingdom. The French, too, are represented as trading to New Castle at this time for coal, in fleets of fifty sails at once, serving the ports of Picardy, Normandy, Rochelle and Bordeaux, while the ships of Bremen, Emboden, Holland and Zealand were supplying the inhabitants of Flanders. Macaulay, in his History of England, says that "coal, though very little used in any species of manufacture, was already the ordinary fuel in some districts which were fortu- nate enough to possess large beds, and in the capital, which could easily be supplied by water carriage. It seems rea- sonable to believe that at least one-half of the quantity then extracted from the pits was consumed in London. The consumption of London seemed to the writers of that age enormous, and was often mentioned by them as a proof of the greatness of the imperial city. They scarcely hoped to be believed when they affirmed that two hundred and eighty thousand chaldrons, that is to say, about three hun- dred and fifty thousand tons, were, in the last year of the reign of Charles the Second (1685), brought to the Thames." Coal mining was also prosecuted in Scotland in the elev- enth and in Germany in the thirteenth century, while at the antipodes the Chinese had even at that early day become familiar with the use of coal. Saward, in his Coal Trade for 1890, speaks thus of the coal supplies of the world : "In view of the question which has suggested itself on more than one occasion as to how long it would be before the Old World coal deposits would become exhausted, a German scientific journal supplies some interesting figures relating to the world's coal fields outside of the North Ameri- can Continent. According to these, the Low Countries, Switzerland, Denmark, Germany, and Bohemia possess coal mines of a surface area of about fifty-nine thousand square miles. Russia alone has twenty-two thousand square miles. (^3 The deposits of the island of Formosa amount to something like ten thousand square miles, some of the coal veins rang-* ing up to 96 feet in thickness. The coal fields of Austria, Spain, Portugal, Italy, Greece, Turkey, and Persia cover about thirty-nine thousand square miles, those of India thirty-five thousand, and those of Japan six thousand square miles, while those of China are estimated at the enormous figure of four hundred thousand square miles. But these are not all. The Falkland Islands, Patagonia, and Peru are very rich in coal, while the southern part of Chili is one im- mense deposit. In Brazil veins varying in thickness from seventeen to twenty-five feet are found in numbers, and in the United States of Columbia there is an abundance of the mineral. Mexico and the Vancouver Islands are also well supplied, there being probably not far from twenty thousand square miles, while the deposits thus far discovered in Tasmania, New Caledonia, and Natal are estimated to cover one hundred thousand square miles ; the larger num- ber of these deposits have not yet been worked." But it was not until the eighteenth century that coal mining began to be scientifically prosecuted. Prior to that time the mines were of very limited depth, rarely going be- neath water level ; the coal was raised by a windlass or horse-gin, drainage affected by adits, or the water was raised in chain pumps or barrels operated by hand or horse-power, and the natural ventilation — aided in some instances by fall- ing water, and later by furnaces — was usually the sole reli-, ance for removing foul air and explosive gases. Yet in some of these early operations there are pictures not unlike those to be seen every day at our modern mines ; thus the following description of the early tram-roads and wagons used at Newcastle, from "The History and Antiq- uities of the Town of New Castle, upon Tyne," by John Brand, M. A., 1789, in which an article written by Lord 64 Keeper Guilder, 1676, quoted below, singularly resembles 'the present practice : "The manner of carriage is by laying rails of timber from the colliery down to the river, exactly straight and parallel ; and bulky carts are made with four rowlets, fitting these rails, whereby the carriage is so easy that one horse will draw four or five chaldrons of coals, and is an immense benefit to the coal merchants." The fate of many who embarked in mining at that time is strikingly similar to that which frequently overtakes the projectors of enterprises at present, as evinced by the fol- lowing from Grey's "Chorographia," 1649: "One merchant imployeth five hundred or a thousand in his works of coal ; yet, for all of his labour, care and cost, can scarcely live by his trade ; nay, many of them hath consumed and spent great estates and dyed beggars. I can remember one, of many, that raysed his estate by coale trade; many I remember that hath wasted great estates." "Some South gentlemen have, upon great hope of bene- fit, come into this countiy to hazard their monies in coale pits. Master Beaumont, a gentleman of great inginuity and rare parts, adventured into our mines with his thirty thou- sand pounds ; who brought with him many rare engines, not known then in these parts — as, the art to boore with iron rodds, to try the deepnesseand thicknesse of the coale, rare engines to draw water out of the pits, wagons with one horse, to carry down coales from the pits to the stathes to the river. * * * In a few years he consumed all his money, and rode home upon his light-horse." As it is with anthracite we have to deal, we will devote ourselves to that branch of coal. Of the value or even the existence of coal in America all races were ignorant until the eighteenth century. "At Christian Spring, near Naza- reth, Pa., there was living about the year 1750 to 1755, a gunsmith, who, upon application being made him by several 65 Indians to repair their rifles, replied that he was unable to comply immediately ; 'for,' said he, 'I am entirely bare of charcoal, but as I am now engaged in setting some wood to char it, therefore, you must wait several weeks.' This, the Indians, having come a great distance, felt loath to do ; they demanded a bag from the gunsmith, and having received it, went away and in two hours returned with as much stone coal as they could well carry. They refused to tell where they had procured it." As there is no coal near Nazareth the tale seems improbable. If the time fixed had been two days, instead of two hours, the coal could have been brought from the Mauch Chunk region in that time. That portion of Pennsylvania purchased of the Five Nations by the Con- necticut-Susquehanna Company at Albany, N. Y., July ii, 1754, for the sum of two thousand pounds of current money of the province of New York, embraced the Lackawanna and Wyoming coal district. Fourteen years later, Novem- ber 5, 1768, the same territory was included in the Fort Stanwix purchase of the Indian Nations by the proprietary government of Pennsylvania. The strife between Pennsyl- vania and Connecticut resulted from these purchases. The first notice of coal at Wyoming grew out of the settlement there in 1762. Parshall Terry, in his deposition, says : "As near as he can recollect, some time about the last of August, 1762, he, with ninety-three others, mostly from Connecticut, went to Wyoming, encamped at the mouth of Mill Creek, on the bank of the Susquehanna, built huts, made hay on Jacob's Plains, and shortly after were joined by many others, and they continued there ten days or longer. The committee of the settlers, viz. : John Jenkins, John -Smith and Stephen Gardner advised us to return, which was agreed to." After the return home of these settlers the above committee, through their chairman, John Jenkins, made report of the discovery of iron ore and anthracite coal at Wyoming. 66 "At a meeting of the Susquehanna Company, held at Windham, in the county of Windham and colony of Con- necticut, April 17, 1763, it appearing to this company that some of the proprietors of our purchase of lands at Sus- quehanna river, to the number of two or three hundred, de- sire that the lands may be laid out into several townships, as a part of their rights for the speedy settlement of said lands. "It is therefore voted, That there shall be eight townships laid out on said river, as near as may be to the townships granted as gratuity to the first settlers, each of said eight townships to contain five miles square of land, fit for good improvement or equivalent thereunto as the land may suit- ably accommodate, at the discretion of a committee here- after to be named and appointed for that purpose, reserving for the use of the company for their after-disposal, all beds or mines of iron ore and coal that may be within the towns ordered for settlement." "This would appear to be the first discovery and mention of anthracite coal in the countr\-." — Dr. Eglc's History of Pen nsyha Ilia. The next mention of coal is in a letter written by James Tilghman of Philadelphia, August 14, 1766, addressed to the Proprietaries, Thomas and Richard Penn, Spring Gar- den, London. At the close of four compact pages on other matters, it says : "My brother-in-law, Colonel Francis, one of the officers who lately applied to }'0u for a grant of some lands in the Forks of the Susquehanna, when there shall be a purchase of the Indians, has lately made an excursion into those parts and has removed a good many of the people settled upon the Indian lands, partly by persuasion and partly by compulsion, which has made the Indians pretty easy, to appearance, lie went up the N. E. Branch as far as Wyoming, where, he says, there is a considerable body of good lands and a very great fund of coal in the hills which surround a \er\- fine and extensi\'e bottom there. This coal 6; is thought to be veiy fine. With his comphments he sends you a piece of this coal. This bed of coal, situate as it is on the side of the river, may some time or other be. a thing of great value." By way of postscript he adds: "the coal is in a small package of the Governor's." In a reply from Thomas Penn, dated London, November 7, 1766, to Mr. Tilghman, he say in acknowledgment : 'T desire you will return my thanks to Colonel Francis for his good services in removing the intruders that were settled on the Indians' land, and for the piece of coal which we shall have exam- ined by some persons skillful in that article, and send their observations on it." The next mention we have of coal is on the original draft of the Manor of Sunbury, surveyed in 1768 by Charles Stewart in the Proprietary's interest, where appears the brief notation "stone coal" without further explanation. The lo- cation on the draft is near the mouth of Toby's creek, and not far from where the Woodward breaker is located. The next mention of coal is as follows : During General Sullivan's march through Wyoming, in 1779, Major George Grant, one of his officers, wrote of the valley : "The land here is excellent, and comprehends vast mines of coal, pew- ter, lead and copperas." The last three named have never been found here. The next mention of coal is as follows : John David Schopf, in his Travels, mentions a visit he made in 1783 to abed of brilliant black coal, a mile above Wyoming, which, on handling, leaves no taint, and burns without emitting an offensive odor ; that it was so abundant as to be obtained without any charge. He further tells us that a smith had erected workshops near it, and who spoke highly of its value. He noticed the numerous impressions of plants be- tween the shale and the coal, which he believes proves its origin and great antiquity. It is found here on both sides of the river, and in various parts of the valley. 68 We here conclude the notice of coal with one further mention. Joseph Scott, in his "Gazetteer of the United States," published in 1795, in his remarks on Luzerne coun- ty, says : "Wilkes-Barre, the county seat, contains forty- five dwellings, a court house and jail, and several large beds of coal are found in the townships of Wilkcs-Barre, Kings- ton, Exeter and Plymouth. It is impossible to state when the consumption of Wyom- ing coal began. It is possible that the Indians at Wyoming had some knowledge of the combustible nature of anthra- cite coal. Two chiefs from the valley, in company with three others from the country of the Si.x Nations, visited England in 17 10, and it is presumed they witnessed the burning of coal, then in general use in the cities of England, for domestic purposes. The consumption of black stones instead of wood could not fail to make a deep impression on their minds, and they would naturally infer that this fuel was nearly allied to the black stones of their own country. The appearance of anthracite had long been familiar to their eyes. The forge, or seven feet vein of coal, had been cut through and exposed by the Nanticoke creek, and the seven feet \cin of Plymouth had been laid open to view b}' Ran- som's creek. The Susquehanna had exposed the coal at Pittston, and the Lackawanna at several points along its banks. If the Indians at that day were ignorant of the practical use of coal, the)' were at least acquainted with its appearance and not improbably with its inflamable nature. That the Indians had mines of some kind at Wyoming, the following account fully establishes : In 1766 a company of Nanticokcs and Mohicans, six in number, who had formerly lived at Wyoming, visited Phila- ilelphia, and in their talk with the governor said: "As we came down from Chenango we stopped at Wyoming, where we had a mine in two places, and we discoxercd that some white pcoi)lc had been at work in the mine and had filled 69 canoes with the ore, and we saw their tools with which they had dug it out of the ground, where they made a hole at least forty feet long and fiv^e or six feet deep. It happened that formerly some white people did take now and then only a small bit and carry it away, but these people have been working at the mine and filled their canoes. We inform you that there is one John Anderson, a trader, now living at Wyoming, and we suspect he or somebody by him has robbed our mine. This man has a store of goods, and it may happen that when the Indians see their mine robbed they will come and take away his goods," etc. The sub- stance alluded to by the Indians had been carried away in small quantities for some time, by the whites, perhaps to test its qualities, and it is highly improbable that it would have been afterwards removed by canoe loads unless it had been found to be a useful article. What could that useful article have been but coal ? There were settlements of whites on the Susquehanna, a little below the site of the town of Northumberland, several years before the period when these Indians had their talk with the governor, and the coal may have been taken there for blacksmithing pur- poses. The Indians who had their guns repaired at Chris- tian Sirring certainly had knowledge of the value of coal for combustible purposes. Obadiah Gore, who represented Westmoreland county in the legislature of Connecticut, in 1781 and 1782, and sub- sequently one of the judges of Luzerne county, and in 1788, 1789 and 1790 a member of the Pennsylvania legislature, emigrated from Plainfield, Conn., to Wyoming in 1769, and began life in the new colony as a blacksmith. Friendly with the remaining natives, from motives of policy, he learned of them the whereabouts of black stones, and being withal a hearty and an experimenting artisan, he succeeded in mastering the coal to his shop purposes the same year. He, in connection with his brother, Daniel Gore, also a 70 blacksmith, were the first white men in Wyoming to give practical recognition and development to anthracite as a generator of heat. In the few blacksmith shops in Wyo- ming Valley and the West Branch settlements coal was gradually introduced after its manipulation by Mr. Gore. Mr. Pearce, who differs from most of the historians of the valley, says, "We do not believe, as do some, that the Gores were the first whites who used anthracite on the Susque- hanna for blacksmithing. Stone coal would not have been noted on the original draft of the Manor of Sunbury if it had not been known to be a useful article. Hence, when the first settlers came into our valley the evidence inclines us to believe the knowledge of the use of anthracite coal was communicated to them by the Indians or by some of their own race." Jesse Fell used anthracite coal in a nailery in 1788. He says, "I found it to answer well for making wrought nails, and instead of losing in the weight of the rods, the nails e.Kceeded the weight of the rods, which was not the case when they were wrought in a charcoal furnace." When the struggle for American independence began, in 1775, the proprietary government of Pennsylvania found itself so pressed for firearms that under the sanction of the supreme executive council two Durham boats were sent up to Wyoming and loaded with coal at Mill Creek, a short distance above Wilkes-Barre, and floated down the Susque- hanna to Harris Ferry (Harrisburg), thence drawn upon wagons to Carlisle, and employed in furnaces and forges to supply the defenders of our country with arms. This was done annually during the revolutionary war. Thus stone coal, by its patriotic triumphs, achieved its way into grad- ual use. The Smith brothers, John and Abijah, of Plj-mouth, were the first in point of time who engaged in the continuing in- dustry of the mining of anthracite coal in the United States. They left their home in Derby, Conn., in 1 805-6, came to this 71 valley and immediately purchased coal land and engaged in mining coal. There were others who had made the at- tempt on the Lehigh, but the obstacles and discouragements which stood in the way proved too great and the work had to be given up. It was not resumed until the year 1820. TJie SniitJi brothers shipped their first ark of coal in the fall of i8oy, to Columbia, Pa. This was probably the first cargo of anthracite coal that ivas ever offered for sale in this coun- try. In 1808 they sent several ark loads to Columbia and other points. Prior to 1803, as we believe, the use of an- thracite coal as a fuel was confined almost exclusively to furnaces and forges, using an air blast, notwithstanding the fact that Oliver Evans had, in 1802, and even before that time, demonstrated on several occasions that the blast was unnecessary for the domestic use of coal, and had success- fully burned the fuel in an open grate and also in a stove without an artificial draft. In order to create a market for this fuel it became necessary to show that it could be used for domestic purposes as well as in furnaces and forges ; that it was a better and more convenient fuel than wood, and that its use was attended with no difficulties. To accom- plish this the Smiths went with their coal arks sent to market, and took with them a stone mason and several grates, with the purpose of setting the grates in the public houses where they might make known the utility of their fuel. In several houses in Columbia and in other towns the fire places for burning wood were changed by them and fit- ted for the use of coal, and coal fires were lighted, careful instructions being given meanwhile in the mysteries of a stone coal fire. After much perseverance and expense in providing coal and grates to demonstrate the valuable quali- ties of the new fuel, they disposed of a small part of their cargo and left the rest to be sold on commission. Notwith- standing the thorough manner in which they had set about the introduction of coal as a fuel for domestic uses, it was 72 several years before all obstacles to its use were overcome and they were able to gain a profit from the enterprise. The annual average of the business of the Messrs. Smith from iSoy down to 1820 was from six to eight ark loads, or abont four to five hundred tons. "The old Susquehanna coal ark, like the mastodon, is a thing of the past. The present men of the business should understand the character of the simple vessel used by the pioneers of the trade. Its size and dimensions, cost and capacity must be chronicled. The length of the craft was ninety feet, its width sixteen feet, its depth four feet, and its capacity 60 tons. Each end termi- nated in an acute angle, with a stem post surmounted by a huge oar some thirty feet in length, and which required the strength of two stout men to ply it in the water. It required in its construction thirty-eight hundred feet of two inch plank for the bottom, ends and sides, or seventy-six hundred feet board measure. The bottom timbers would contain about two thousand feet board measure, and the ribs or studs sustaining the side planks four hundred feet, making a total of some ten thousand feet. The ark was navigated by four men, and the ordinary time to reach tide water was seven days. Two out of three arks would probably reach the port of their destination ; one-third was generally left upon the rocks in the rapids of the river or went to the bottom." The average price of sales at this time was probably ten dollars, leaving a profit of five dollars on the ton. If, therefore, three hundred and fifty tons of the fi\e hundred annually transported by the Messrs. Smith reached the market, it left them a profit of seventeen hundred dollars, not taking into account their personal services. Mr. George M. Hollen- back sent two ark loads down the Susquehanna, taken from his Mill Creek mines in 18 13. The same year Joseph Wright of Plymouth mined two ark loads of coal from the mines of his brother, the late Samuel G. Wright, of New Jersey, near Port Griffith, in Jenkins township. This was an old 73 opening and coal had been mined there as far back as 1775. The late Lord Butler of Wilkes-Barre had also shipped coal from his mines, more generally known of late years as the "Baltimore mines," as early as 18 14, and so had Crandall Wilcox of Plains township. Colonel George M. Hollenback sent two four-horse loads of coal to Philadelphia in 1813, and James Lee, of Hanover, sent a four-horse load to a blacksmith in Germantown. In 1813 Hon. Charles Miner was publishing Tlie Gleaner in Wilkes-Barre, and in a long editorial article from his pen, under date of November 19, and the head of "State Policy," he urged, with great zeal, the improvement of the descending navigation of the Susque- hanna and Lehigh rivers. He then said : " Tlie coal of Wyo- ming has already become an article of considerable traffic luith the lower comities of Pennsylva7iia. Numerous beds have been opened, and it is ascertained, beyond all doubt, that the valley of Wyoming contains enough coal for ages to come." Chapman, in his Historyof Wyoming, writing in 18 17, speak- ing of coal, says : "// constitutes the principal fuel of the in- habitants as well as their most important article of exporta- tion!' Plumb, in his History of Hanover township, says : ''From 18 10 to 1820 one tJiousand or fifteen hundred tons per year luere mined in Hanover',' and ''there ivas a constant sale of coal dozvn the river by arks froju the time people learned to burn it in the house." In this small way the coal trade continued on from 1807 to 1820, when it assumed more importance in the public estimation. The years preceding that of 1820 were the years of its trials, and the men, during that period, who were engaged in the business were merely able to sustain themselves with the closest economy and the most persevering and unremitting labor. The following ac- count current rendered by Price & Waterbury, of New York, to Abijah Smith & Co., is a remarkably interesting relic of the coal business in its infancy. It very clearly exhibits two facts — one the demand, price and consumption of coal in th^ ;4 great city of New York at that period, and the other, the wonderful zeal manifested in the pioneer dealers to intro- duce the article into the market. The coal was sent to Havre de Grace, Maryland, and thence by coasting vessels to New York : "New Yokk, Fkbruary, 1813. Messrs. Abijaii Smith & Co., Gentlemen : — Having lately taken a view of the business we have been conducting for you this sometime past, we have thought it would be grati- fying to have the account forwarded, and therefore present you with a summary of it up to the 18th of January, 1813, containing first, the quan- tity of coal sold, and to whom ; second, the amount of cash paid us from time to time ; third, the amount of interest cash on the various sums ad- vanced, the credit of interest on sums received ; and lastly, the quantity of coal remaining on hand unsold. Should you on the receipt of this find any of the items incorrect, we need hardly observe that the knowledge of such an error will be corrected with the greatest pleasure. As it respects our future plan of procedure we shall expect to see one of your concern in the city sometime in the spring, when a new arrangement may be fixed ui)on. Our endeavors to establish the character of the coal shall not at any time be wanting, and we calculate shortly to dispose of the remain- ing parcels of coal unsold. ' ' i8i2. June 8. — By cash of Doty & Willets, for 5 chaldrons of coal J 100 00 By cash ot John Withiiigton, for 5 chaldrons of coal 100 00 By cash of Coulthaiti & Son, for 10 chaldrons of coal 200 00 By John Benham's note, 90 days, lor 10 chaldrons of coal .... 200 00 By cash of G. P. Lorrilard, for i chaldron of coal 20 00 By cash of J. J. Wilson, for 4 chaldrons of coal 8000 June 13. — By cash of Doty & Willetts, for 5 chaldrons of coal 100 00 By cash of G. P. Lorrilard, for ii}4 chaldrons of coal 230 00 By A. Frazyer's note, 90 days, for 25 chaldrons of coal 47500 By cash received of T. Coulthaid, for 5 chaldrons ot coal .... 100 00 By M. Womas' note, 90 days, for 20 chaldrons of coal 380 00 By half measurement receired for 9 bushels of coal 6 33 By B. Ward and T. Blagge, for i]^ chaldrons at J20 per chaldron 25 00 By Wiitingham, for J4 chaldron of coal • 10 00 June 25. — By Pirpont, for ^ chaldron of coal 11 00 By Mr. Landiss, for J4 chaldron of coal 12 00 July 16. — By Robert Barney, for 175^ chaldrons of coal at J22 per chaldron 385 00 sept. 15 — By cash for i chaldron of coal 12 50 Oct. 9. — By William Colman, for J4 chaldron of coal 12 50 By Sexton & Williamson, for 1^ chaldrons of coal 37 5° Oct. 24. — By cash for i chaldron of coal 25 00 Oct. 29. — By cash for }4 chaldron of coal 12 50 Nov. 7. — By cash for ^ chaldron of coal 12 50 Nov. 12. — By cash for i chaldron of coal 25 00 Nov. 16. — By Mr. A. Le Briton, for 12 chaldrons of coal at $2$ per chaldron 288 50 Dec. 5. — By cash for 'A chaldron of coal 12 50 Dec. II. — By cash A. Daily, for J2 chaldron of coal 12 50 Dec. 14. — By cash for }^ chaldron of coal 12 00 1813. Jan. 4. — By cash for i chaldron of coal 25 00 Jan. 18. — By J. Curtiz, for 9 bushels of coal 6 27 By amount of balance this day 763 12 Total J3601 20 Errors excepted. Price & Waterbury. t 75 It will be seen by this account current that coal was sold by the chaldron, thirty-six bushels, or nearly a ton and a third to the chaldron. The sales therefore, for the New York supply in 1 8 1 2, by this firm, were inside of two hundred tons. It seems to be the common belief that the anthracite coal trade had its rise on the Lehigh in the year 1820, when three hundred and sixty-five tons of coal were carried to market, yet, as a matter of fact, the industry was begun at Plymouth thirteen years before, and for nine years prior to the begin- ning of the coal business on the Lehigh river the annual shipments on the Susquehanna were considerably in excess of the first year's product of the Lehigh region. Mr. Pearce states that up to 1820 "the total amount of coal sent from Wyoming is reckoned at eighty-five hundred tons." This we believe to be a low estimate. The same author states that Colonel Washington Lee, in 1820, "mined and sent to Baltimore one thousand tons, which he sold at $S per ton." Coal had been introduced in Baltimore and sold there by the Smith Brothers prior to that date. Let us make a new a/)ex to the coal pyramids now in use. Let it Note. — The Lehigh region is great in making claims. For instance, on April -23, 1891, in the Senate of the state of Pennsylvania, Senator Rapsher of Carbon called up the fol- lowing bill on third reading : An Act appropriating the sum of two thousand dollars for the erection of a monument to the memory of Philip Ginter, the discoverer ot anthracite coal in Pennsylvania. Section i. Be it enacted by the Senate and House of Representatives of the Common- wealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, that the sum of two thousand dollars be appropriated towards the erection of a suitable monument to commemorate the memory of Philip Ginter, the first discoverer of anthracite coal in Pennsylvania, to be paid to the committee in charge upon the warrant of the Auditor General. Senator Hines from our own county asked leave to strike out the words "the first," be- cause Philip Ginter was not the first discoverer of coal. Senator Rapsher, in reply, said : Mr. President, the historians, like men, sometimes differ on that particular point, as to whether Philip Ginter was the first discoverer or not, but I think all the historians agree that Philip Ginter was the first authentic discoverer of anthracite coal in what was then Northampton county, a himdred years ago the first of next September, and it was the inception of ihe Lehigh Coal and Navigation Company, and was the beginning of the anthracite coal traffic in Pennsylvania, and because the anthracite coal interest was of so much importance to the State credit in our section, this could be granted without any great strain on our consciences. Senator Green, of Berks, where they have no coal, said: Mr. President, I think we ought to have a discoverer of coal, and we might as well have him now as at any other time, so whether it is Mr. Ginter, or somebody else, makes very little difference to me. I am willing to concede to that gentleman that claim. I am willing to go fuither : I am willing to take the word of the senator from Carbon for it. If he thinks he is the discoverer ot coal, I think so. Fortunately the bill was defeated in the House of Representatives. Now, what was in 76 be understood that the coinmcnconent of the trade was in 1807, when the Smith Brothers sent to market and sold fifty-five tons. Commencement of the Anthracite Coal Trade in the United States : WYOMING REGION. LEHIGH REGION. 1807 55 'ons. 1808 150 " 1809 200 " I8I0 350 " 1811 450 " i8n 500 " 1813 500 " 1814 700 " 1815 icxx> " 1816 1000 " 1817 iioo " 1818 1200 " 1819 1400 " 1820 2500 " 1820 36510115. The foregoing statement we believe to be absolutely cor- rect. The pyramids now in use give the year 1 829 as the com- mencement of the coal trade in the Lackawanna region, and seven thousand tons sent by the Delaware & Hudson Canal Company. The same pyramids start us in the Wyoming this bill ? First, to get 1^2000 out of the state treasury to perpetrate 3. falsehood. This under false pretences. Second. To place on record the ^wxC^^r falsehood that Philip Ginter was the (first) discoverer of anthracite coal in Pennsylvania. Mr. Ginter, himself, did not claim that he was the discoverer, because "he had heard of stone coal over in Wyoining ." Mr. Rapsher is certainly mistaken when he says that historians differ as to whether Philip Ginter was the first discoverer or not. No, they do not differ. All historians agree that Mr Ginter discovered coal in what is now Carbon county, in 1791, and that he was not the first disccnierer of anthracite coal in Fennsyh ania. Ill informed people may think he was, but intelligent people know better. Mr. Rapsher states that the discovery of coal a hundred years ago the first of next September (1891), was the inception of the Lehigh Coal and Navigation Company, and was the beginning of the anthracite coal traffic in Pennsyl- vania. The Lehigh Coal and Navigation Company was incorporated February 13, 1822, and if its inception was in 1791, it took a long lime to be born — even thirty-one years. The beginning of the coal trade was not on the Lehigh, but was on the Susquehanna, and com- menced in 1807. Do not let this be forgotten. Senator Green thinks "we ought to have a discoverer of coal." "Whether it is Mr. Ginter, or somebody else, makes very little differ- ence to (him) me." Most noble senator; you certainly do not speak the words of truth and soberness. In a work gotten up by the Central Railroad of New Jersey, in 1891, I read the following: "Mauch (^hunk is in the very heart of the anthracite coal regions, and is also the birthplace in America of the Black Diamonds." Considering that coal was dis- covered on the Susquehanna in 1762, and on Bear Mountain, nine miles west of Mauch Chunk, in 1791, Mauch Chunk is a queer kind of a birthplace. It goes on the principle, claim everything for the Lehigh. What surprises me, is that nothing in particular is claimed for the Schuylkill region. About all the worthies who make up tables and pyramids are Pottsville gent lemen, like Bannan, Uaddow, Sheafer, ct al. They are probably not familiar with the history of the state, and least ot all, wilh the coal trade and its beginning in the Wyoming region. With a new generation of better informed gentlemen Wyommg will probably have justice done her in the future. 77 region in 1842, as shipping by canal forty-seven thousand three hundred and forty-six tons — a surely good com- mencement, if true, of the first year's business on the canal. Our canal was opened in 183 1. In 1830 the North Branch Canal was completed to the Nanticoke dam. The first boat, "The Wyoming," was built by Hon. John Koons, at Shickshinny. It was launched and towed to Nanticoke, where she was laden with ten tons of anthracite coal, a quantity of flour and other articles. Her destination was Philadelphia. The North Branch canal being new, and fill- ing slowly with water, "The Wyoming" passed through the Nanticoke cliute and thence down the river to North- umberland, where she entered the Susquehanna division of the Pennsylvania canal, and proceeded, with considerable difficulty, by the way of the Union and Schuylkill canals to Philadelphia. "The Wyoming" received in that city fifteen tons of dry goods, and commenced her return trip ; was frozen up in the ice and snow at New Buffalo, in January, 183 1. The voyage of "The Wyoming" was attended with many difficulties and detentions, and embraced a period of upwards of three months. The second boat, "The Lu- zerne," was built by Captain Derrick Bird, on the river bank opposite Wilkes-Barre. She was laden with coal which was conveyed to Philadelphia, whence she returned with a cargo of merchandise, arriving at the Nanticoke dam in July, 1831. The pyramid starts us in 1846 with five thousand eight hundred and eighty-six tons by the Lehigh railroad. The mistake about this is that the Lehigh & Sus- quehanna railroad was completed in 1843. These figures from the pyramid are by Benjamin Bannan, and taken from "Coal, Iron and Oil." Pearce, in his "Annals of Luzerne County," says : "The completion of the Lehigh & Susque- hanna railroad in 1843, connecting Wilkes-Barre with White Haven, promised another outlet to market for Wyoming coal. These improvements, together with the discovery of 78 the methods of generating steam on boats, and of smelting iron in furnaces by the useof anthracite, created a great and increasing demand for coal in all quarters of the state, and in .the seaports of the country generally." Let us take another pyramid, that of P. W. Sheafer, in the "Coal Regions of America." He has the old "chestnut" of the "commence- ment of the coal trade" in 1820, on the Lehigh, with three hundred and sixty-five tons. He lets us in with the "Wy- oming and State Canals, Lykens Valley railroad," in 1834, with forty-three thousand seven hundred tons, and the Le- high & Susquehanna railroad in 1846. This pyramid busi- ness should be reconstructed. The stereotype should be destroyed. The apex should be an inch longer and given to Wyoming. The commencement of the coal trade be- longs to her, and there is no excuse for ignorance or care- lessness in the matter. She liad knowledge of coal tzventy- nine years, and had burned it hventy-hvo years before it was discovered on the Lehigh, and she put her knowledge to good use. When the time came the Yankees took their coal to market and sold it. None of their coal was thrown into the street as worthless. Under the instruction given by the Yankees to the purchasers they found that coal zvould burn, and nobody laughed at them for making invest- ments in "black stones." Philip Ginter discovered coal in the Lehigh region in 1791, on the Matchunkor Bear Mountain, about nine miles west of the site of Mauch Chunk. Mr. Ginter tells his own story, as follows : "When I first came to these mountains some years ago, I built a cabin on the east side of the mountain, and man- aged, by hunting and trapping, to support my family in a rough way. Deer and bears were pretty thick, and during the hunting season meat was plentiful, but sometimes we ran short of that, and frequently were hard up for such necessaries, as could only be purchased with the produce 79 of the hunter. One day, after a poor season, when we were on short allowance, I had unusually bad luck, and was on my way home empty handed and disheartened, tired and wet with the rain which commenced falling, when I struck my foot against a stone and drove it on before me. It was nearly dusk, but light enough remained to show me that it was black and shiny. / liad Juard of 'stone coal over in \Vyomi)ig, and Jiad frequently pried into rocks in hopes of finding it. When I saw the black rock I knew it must be stone coal, and on looking round I discovered black dirt and a great many pieces of stone coal under the roots of a tree that had been blown down. I took pieces of this coal home with me, and the next day carried them to Colonel Jacob Weiss, at Fort Allen (Weissport). A few days after this Colonel Weiss sent for me and offered to pay me for my discovery if I would tell him where the coal was found. I accordingly offered to show him the place if he would get me a small tract of land and water power for a saw mill I had in view. This he readily promised and afterwards performed. The place was found and a quarry opened in the coal mountain. In a few years the discovery made hundreds of fortunes, but I may say it ruined me, for my land was taken from me by a man who said he owned it before I did, and now I am still a poor man." Mr. F. E. Saward in The Coal Trade for 1891, states that the Northern Anthracite Coal Field is the largest anthra- cite basin in the world. It has long been known as the Wyoming. Its coal production since i860 is as follows : i860 2,914,817 tons. 1870 7,974,666 " 1880 11,419,270 " 1890 18,657,694 " To mine this coal requires the services of over 50,000 men and boys, and this number is steadily increasing rather than diminishing. 8o The total amount of anthracite coal mined in 1890, was 35,865,000 tons. Thus it will be seen that the Wyoming region produces 52 per cent, of the total anthracite produc- tion. The Schuylkill region in 1890, produced 10,867,821 tons, or 30.31 per cent., and the Lehigh region, the same year, produced 6,329,658 tons, or 17.65 per cent., and the Wyoming region, as we have seen, produced 18,657,694 tons, or 52.04 per cent. We must disagree with Mr. Saward, as every body else does zvho has any knoivledge of the subject, when he states that "the tables compiled by Prof P. W. Sheafer, for the years 1 820 to 1868, inclusive, * * * have been adopted as the most correct so far as a report of the output is con- cerned." (See our remarks in regard to Mr. Sheafer's tables in another place). Mr. Saward says, further: "The first means of transporting coal from the (Wyoming) coal field was by the Delaware & Hudson Canal, from Honcsdale, Pa., to Rondout, N. Y., opened in 1829." This is certainly ignorance of the first water. Please remember that the coal trade on the Susquehanna river commenced in 1807, and constantly grew in importance. We have given in another place the trade up to 1820. Stewart Pearce's Annals of Luzerne County gives the following: "In 1823, Colonel W. Lee and George Cahoon, leased the Stivers mines in Newport, fourteen feet vein, and employed Timothy Mans- field to mine and deliver one thousand tons of coal into arks at Lee's Ferry. This coal was sold at Columbia, Pa." Mr. Pearce says, further: "P^rom 1823 to 1829, the Susquehan- na coal trade increased with considerable rapidity." Again Mr. Pearce says : "A coal bed was opened by Calvin Stockbridge in 1828, and during three years he sent about two thousand tons down the Susquehanna in arks." Mr. Saward states, further : "Shipments of coal from the Wilkes- Barre district began in 1846, via. the Lehigh and Susque- hanna Railroad, and the Lehigh Canal, and later by the 8i Lehigh Valley Railroad." We are sorry, exceedingly sorry that Mr. Saward states that "shipments of coal from the Wilkes-Barre district began in 1 846." Why, Mr. Sheafer does better than this. He starts us in the Wyoming region in 1842, as shipping by canal. It is true our canal was opened in 1831, but Messrs. Sheafer and Saward were not aware of this fact, or they would agree on their table. Mr. Pearce, in his Annals, states that there was 41,210 tons of coal shipped from the Wyoming valley, by the North Branch Canal, South, in 1841. In 1842 47.346 tons. " 1843 57,740 " " 1844 114,906 " " 1845 178,401 " " 1846 166.923 " Both Messrs. Sheafer and Saward agree that the Lehigh and Susquehanna Railroad was opened in 1846. The Le- high and Susquehanna railroad was completed in 1843, but Messrs. Sheafer and Saward were not aware of this fact. All ive ask is that justice be done to the Wyoming region. We are entitled to it and expect it. Mr. Saward further states, that in 1850 the Pennsylvania Coal Company began opera- tions (which is correct) ; four years later the D. L. & W. R. R. Co. began mining and shipping coal. The Lackawanna coal field was opened to the coal trade in 185 i (not 1854), by the construction of the northern di\ision of the D., L. & W. R. R. Co. William Hooker Smith, M. D., removed from the prov- ince of New York, to Wilkes-Barre, in 1772, where he pur- chased land in 1774. His mind active, keen and ready, looked beyond the ordinary conceptions of his day, as is shown by his purchased right, in 1 791, to dig iron ore and stone coal in Pittston, long before the character of coal as a heating agent in this country was understood, and the same year that the hunter, Ginter, accidently discovered "black 82 stones" on Bear Mountain. These purchases, attracting no other notice than general ridicule, were made in Exeter, Plymouth, Pittston, Providence and Wilkes-Barre, between 1 79 1 -8. The first was made July i, 1791, of Mr. Scott of Pittston, who, for the sum of five shillings, Pennsylvania money, sold "one-half of any minerals, ores of iron, or other metal which he, the said Smith, or his heirs and assigns, may discover on the hilly lands of the .said John Scott, by the red spring." Of others, the language of the purchase was as follows : "The privilege to dig, delve and raze the ore, or mineral of stone coal, or iron ore on my land, free and clear, by William Hooker Smith." It is impossible, at this date, to state who was the first person to discover that anthracite coal could be used for domestic purposes, but the weight of authority seems to be that Oliver Evans was the person. In a letter written by him to Jacob Cist, Esq., he says : "Being required to give my opinion of the qualities of the Lehi coals, I do certify to those whom it may concern, that I have experienced the use of them in a close stove and also in a fire place that may be closed and opened at pleasure, so contracted as to cause a brisk current of air to pass up through a small con- tracted grate on which they were laid. I find them more difficult to be kindled than the Virginia coal, yet a small quantity of dr)^ wood laid on the grate under them is suf- ficient to ignite them, which being done they continue to burn while a sufficient quantity be added to keep up the combustion, occasionalh' stirring them to shake down the ashes. They, however, require no more attention than other coal, and consume away, leaving only a very light and white colored ashes ; producing a greater degree of heat than any other coal that I am acquainted with, perhaps, in proportion to their weight, they being much the heaviest. They produce no smoke, contain no sulphur, and when well 83 ignited exhibit a vivid, bright appearance, all which render them suitable for warming rooms. And as they do not corrode mettle as much as other coals, they will probably be the more useful for steam engines, breweries, distilleries, smelting of metals, drying malt, &c. But the furnaces will require to be properly constructed, with a grate contracted to a small space through which the air is to pass up through the coal, permitting none to pass above them into the flue of the chimney until they are well ignited, when the doors of the stove or furnace or close fire place may be thrown open to enjoy the benefits of light and radiant heat in the front. A very small quantity of them is not sufficient to keep up the combustion ; they require nearly a cubic foot to make a very warm fire, consuming about half a bus. in about fourteen hours. "Oliver Evans. "Philadelphia, February 15, 1803." It a letter to Jacob Cist, Esq., Frederick Graff also writes as follows: "Having made a trial of the Lehi coal some time in the year 1802 at the Pennsylvania bank, in the large stove, I found them to answer for that purpose exceeding well. They give an excellent heat and burn lively. It is my opinion they are nearly equal to double the quantity of any other coal brought to this market for durability ; of course less labour is required in attending the fire. Mr. Davis, superintendent of the water works, has also made a trial of them for the boiler of the engine imployed in that work, and has found them to answer well. It must be ob- served a draft is necessary when first kindled. For the use of familys the fire place can be so constructed, with a small expense, as to have the sufficient draft required. My opin- ion is they will be found cheaper than wood. They burn clean. No smoke or sulphur is observed, or any dirt flying when stirred, which is a great objection to all other coal for family use. If the chimneys for the burning of those coal 84 arc properly constructed, and a trial made, I am well con- vinced that most of the citizens of Philadelphia would give them preference to wood. "Fred'k Graff, " Clerk of the Water Works of Philadelphia. "Phila., May i, 1805." The originals of these letters are in the possession of our Society. Jacob Cist, at the time these letters were written, if not an actual resident of this city at that time, was a very fre- quent visitor. In 1807 he married Sarah Hollenback, daughter of Judge Hollenback. At an early day his attention was attracted towards the uses of anthracite coal. He was a boy of ten years when his father experimented on the Lehigh coal, and he might possibly have seen him at work. He must often have heard his father conversing with Colonel Weiss (the uncle of Jacob Cist), both in Philadelphia and Bethlehem, on the feasibility of opening their mines and making a market for the Lehigh coal, long before he was old enough to appreci- ate the importance of the undertaking or the disadvantages under which these pioneers of the coal trade labored in per- -suading people of the practicability of using stone coal as a fuel. Jacob Cist was undoubtedly the first person to burn anthracite coal in our city. The letter of Oliver Evans, with its perfect description of burning anthracite coal in a grate or sto\'e, accomplished the result. No better description could be given nowadays to those unfamiliar with coal for fuel than the letter of Mr. Evans. Mr. Cist was an enter- prising citizen, perfectly familiar and interested in coal. He made the "experiment" and found that it would "answer the purpose of fuel, making a cleaner and better fire at less ex- pense than burning wood in the common way." As early as the year 1805 he conceived the plan of manufacturing a mineral black for printers' ink, leather lacquer, blacking, &c., from the Lehigh coal and the results of his experiments 85 were secured to him by patent in 1808. This patent was considered to be worth upwards of five thousand dollars, but a number of law suits arising from a constant infringement of it by manufacturers so annoyed Mr. Cist that he was glad to dispose of it for a less sum. It is said that after the de- struction of the patent office records by fire some one else took out a patent for the same idea and is now working under it. In the early days he made a study of our adja- cent coal fields, especially at the mines of the Smith Brothers at Plymouth, and the old Lord Butler opening. We believe that from 1803 anthracite coal was used for domestic purposes in this city. We have not before us the population of Wilkes-Barre at that time, but in 1820 she had a population of seven hundred and thirty-two. In 1803 the population probably did not exceed three hundred. These letters, written to one of her citizens, would excite comment and would be talked over by the entire population, men, women and children. The social standard of her citi- zens at that time was perfect equality. There were no ranks or grades. The apprentice, the laborer, the physician, the merchant and the lawyer were on speaking and visiting terms. As another writer has said, in speaking of the early history of coal : "Such was the theme of univ^ersal rejoicing throughout the valley that the event was discussed at every fireside, the topic went with the people to church, and was diffused throughout the congregation at large by common assent ; it entered for a while into all conversations at home ; it silenced every adverse criticism, as it gave the signal for long and mutual congratulations * * * where friend and foe alike acquiesced in the truth that Wyoming was freighted with infinite fortune." Coal up to this time had been mined by farmers and blacksmiths for their own use. In 1805 Abraham Williams, the pioneer miner, made his appearance in the Federalist, published at Wilkes-Barre, with the following advertisement : 6 86 "The subscriber takes this method of informing the pub- lic that he understands miners work. He has worked at it the greater part of twenty-three years in the mines of Wales, one year and a half in Schuyler's copper mines in New Jer- sey and three years in Ogden's in the same state. If any body thinks there is any ore on his lands, or wants to sink wells, blow rock or stones, he understands it wet or dry, on the ground or under the ground. He will work by the day or by the solid foot or yard, or by the job, at reasonable wages, for country produce. "He works cheap for country' produce, But cash I think he ■\vont refuse. Money is good for many uses, Despise me not nor take me scorn, Because I am a Welsliman by my born, Now I am a true American, With every good to everj' man." "Abraham Williams." Doctor Thomas C. James of Philadelphia, in Hazanfs Reg-ish'r,' gives an account of a visit that he made in 1804 to the Lehigh coal region. He closes his article as follows : "The operations and success of the present Lehigh Coal and Navigation Company must be well known to the coun- try ; the writer will therefore close this communication by stating that he commenced burning the anthracite coal in the winter of 1804, and has continued its use ever since, be- lieving, from his own experience of its utility, that it would ultimately become the general fuel of this as well as other cities." Hon. Samuel Breck was a prominent citizen of Philadel- phia. "His Recollections," with passages from his note books, 1 771-1862, were edited by H. E. Scudder, and pub- lished by Porter & Coates in 1877. It contains this pas- sage, among others : "December 9, 1807. This morning I rode to Philadel- phia and purchased a newly invented iron grate calculated 8; for coal, in which I mean to use that fuel if it answers my expectations." "Dec. 26, 1807. By my experiment on coal fuel I find that one fire place will burn from three to three and a half bushels per week in hard weather and about two and a half in moderate weather. This av^erages three bushels for twenty-five weeks (the period of burning fire in parlors). Three times twenty-five gives seventy-five bushels for a single hearth, which, at forty-five cents, is thirty-three dol- lars and seventy-five cents, more than equal to six cords of oak wood at five dollars and fifty cents, and is, by conse- quence, no economy ; but at thirty-three cents per bushel, which is the usual summer price, it will do very well." The next person whom it is said burned coal in grates in the early days of coal fuel was Hon. Jesse Fell, of this city. He was a blacksmith in his early days, and had used coal in a nailery as early as 1788. He made the following entry on the last leaf of a book entitled "Illustrations of Masonry by William Preston — Alexandria — Printed by Cottom & Stewart, and sold at their Book Stores in Alex- andria and PVedericksburg, 1804." On the fly leaf in Judge Fell's handwriting is the following : "Jesse Fell's Book, February 15th, 1808." "February 11, of Masonry 5808. Made the expenncnt of burning the common stone coal of this Valley in a grate, in a common fire place, in my house, and find it will answer the purpose of fuel, making a clearer and better fire at less expence than burning wood in the common way. "Jesse Fell. "Borough of Wilkes-Barre, Feb'y 18, 1808." We do not believe, as some do, that Jesse Fell was the first person to burn anthracite coal in a grate in this county. He makes no claim in the above that he was. Those who make that claim, do so for the following reasons : I. The entry as stated above. 88 2. That he "constructed a grate of green hickory sapHngs and placed it in a large fire place in his bar room, and filled it with broken coal. A quantity of dry wood was placed under the grate and set on fire, and the flame spreading through the coal it soon ignited, and before the wooden grate was consumed the success of the experiment was fully demonstrated." 3. That Hon. Thomas Cooper, president judge of the courts of Luzerne county, "became very angry to find that he had been superseded in the discovery, and he walked the floor muttering to himself, 'that it was strange an illiterate man like Fell' (which was not true) 'should discover what he had tried in vain to find out.' " To these we answer : I. There is no claim in the entry that Judge Fell was the first person to burn anthracite in a grate. He states he made the 'Uwpenuent!' It is very strange that an "experi- ment" should be made after a fact had been fully demon- strated. We think that he burned coal in a grate as early as 1803, as that was the time when, we believe, coal was first burned successfully in grates in Wilkes-Barre. If he did not he was certainly behind the times. We do not think that he would wait five years to make the "experi- ment" after his friend Jacob Cist received letters from Messrs. Fvans & Graff We also think that if he made the experiment in 1 808 it would be published in The Lnzenie Fed- eralist. Mr. Miner would never slight his friend in that wa\'. We think this entry was made at a date subsequent to 1808. V. L. Maxwell, in his lectures on Mineral Coal, saj's : "At that day the Hon. Charles Miner was publishing in this town The Luzerne Federalist, the only newspaper then printed in this part of the state. I have had the pleasure of examining its files, but I find nothing published in 1808 respecting coal." It was rather late in 1808 to make an "experiment" after the fact had been fully demonstrated by 89 Messrs. Evans, Graff, Davis, James and Breck, several years before. The coal trade was opened by the Smith Brothers in 1807, and their first shipment was made in that year, and the year after was certainly a bad time to make the "experi- ment" of burning coal in a grate. 2. We do not believe that a blacksmith, as Mr. Fell was, would "construct a grate of green hickory saplings," and make the experiment of burning coal in it. A bar iron grate would be so much easier to make and would prove more satisfactory. We are not foolish enough to think, with our knowledge of coal, that a quantity of dry wood placed under a grate of green hickory and set on fire would prove the experiment of burning coal in a grate. The ex- periment, it seems to us, would be to dry the green hick- ory and then consume it and leave the coal down without much ignition. 3. Judge Cooper was born in London in 1759, and came to this country in 179S, and was, therefore, thirty-six years of age when he came to America. It is probable that be- fore he came to this country he never saw any other fuel than coal, and that burned in grates. It is not at all likely that he would become very angry to find that he had been superseded in the discovery. It was not a new thing to him and he had no discovery to make. Mrs. Hannah C. Abbott, a resident of this city, the widow of John Abbott, and daughter of Hon. Cornelius Court- right, was born February 7, 1797, in Wilkes-Barre (now Plains) township. Her father's farm adjoined that of Daniel Gore, whom we have seen, burned coal in his blacksmith shop as early as 1769. She has been familiar with coal since her earliest recollection, having seen Mr. Gore burn it in his blacksmith shop, and in a grate in his cellar kitchen. She has no remembrance as to who the first person was who burned coal in a grate, but is certain that it was not Mr. Fell, as she never heard the claim made until she was 90 grown up. In 1808 she was eleven years of age, and if Mr. Fell burned coal in a grate at that time she would certainly remember it, as her father and Mr. Fell were particular friends, and both belonged to the same political party. Mrs. Abbott, notwithstanding her advanced age, is in the full possession of all her mental faculties, and is about the only person living who has a perfect knowledge of the very early coal trade of the valley. If Judge Fell made the discovery that coal could be burned in grates successfully, he should have the honor due all persons wdio make valuable discoveries, and we would be the last person to rob him of his honors. But in the light we have to-day we must say that he was not the first person, but that in 1808 coal was a common fuel in this city, and was burned by all persons who had not wood in profusion. Improbable assertion, unreasonable conjectures and old wives' fables are not the best evidence that Judge Fell was the first person to burn anthracite coal in a grate in this city or anywhere else. The following authorities, in part, have been consulted in preparing this paper : Buck, Wm. J., Article by, in Report of the Transactions of the Pennsylvania State Agri- cultural Society. Chance, H. M., Report of the Mining Methods and Appliances used in the Anthracite Coal Fields — Second Geological Survey of Pennsylvania. Chapman, I. A., History of Wyoming. Daddow & liannon, Coal, Iron and Oil. Encyclopxdia Brittanica. Hazard, Samuel, Register of Pennsylvania. Hollister, H., History of the Lackawanna Valley. Hoyt, H. M., Brief of a Title in ihe Seventeen Townships. Kulp, Geo. B., Families of the Wyoming Valley. Macaulay, Lord, History of England. Macfarlane, James, Coal Regions of America. Maxwell, V. L., Mineral Coal. Miner, Charles, History of Wyoming. Pearce, Stewart, Annals of Luzerne County. Plumb, H. B., History of Hanover. Rees, Abraham, Cyclopsedia of Arts, Science and Literature. Saward, Frederick E., The Coal Trade. Watson, John F., Annals of Philadelphia and Pennsylvania in the Olden Time. Wright, Hendrick. B., Historical Sketches of Plymouth. , SABBATH— SUNDAY. SUNDAY LEGISLATION. SABBATH-SUNDAY, SUNDAY LEGISLATION. In the beginning, after the Almighty created the heavens and the earth, and all the host of them, He rested on the seventh day from all His work which He had made. And God blessed the seventh day and sanctified it, because that in it He had rested from all His work which He had made. This was the commencement of the Sabbath day. The Lord Jehovah blessed the day, but there was no injunction to man to keep it holy, unless implied from the blessing and sanctification. Eusebius of Caesarea (bishop from 315-340 A. D.) dis- cusses the question of the observance of the Sabbath in his Commentary on Psalm xcii (xci of his catalogue). He takes the ground of Justin and Irenaeus, that the early patriarchs knew no Sabbaths, and were justified without the observance of them. He says: "The just and pious men who were before Moses neither knew nor observed Sabbath days. Neither Abraham, nor Isaac, nor Jacob, nor they who were before them, seem to have known the Sabbath." He argues that man's true rest, and therefore his true Sabbath, is to be found in the contemplation of God, and that Moses, dealing with shadows and symbols, gave the people a fixed day, that on this at least they might be free for meditation on divine things. The Jewish Sabbaths, however, became false Sabbaths, and God said He could not endure them. Wherefore the Word, by the new covenant, transferred the feast of the Sabbath to the rising of the light, and gave us the image of the true rest, namely, the saving day, the Lord's Day, the first day of light, on which the Saviour of 94 the world, having conquered death, entered on a Sabbath becoming to God, and a most bhssful rest. Whatever, things it was fitting to do on the Sabbath we have trans- ferred to the Lord's Day, because it has precedence, is first, and is more honorable than the Jewish Sabbath. (Com. on Psa. xci : 2,3.) The Jews appear to have forgotten the first of all the com- mandments of God : "Thou earnest down also upon Mount Sinai and spakest with them from heaven, and gavest them right judgments and true laws, good statutes and command- ments: and viadcst knoiun iDito thcni thy holy SabbatJi, and commandest them precepts, statutes and laws, by the hand of Moses thy servant." (Nehemiah ix : 13, 14.) Centuries pass ; the Israelites are about to leave Egypt, the passover is instituted, "and this day shall be unto you for a memorial ; and ye shall keep it a feast to the Lord throughout your generations: ye shall keep it a feast by an ordinance for ever. Seven days shall ye eat unleavened bread ; even the first day ye shall put away leaven out of your houses : for whosoever eateth leavened bread from the first day until the seventh day, that soul shall be cut off from Israel. And in the first day there shall be a holy convoca- tion, and in the seventh day there shall be a holy convoca- tion to you ; no manner of work shall be done in them, save that which every man must eat, that only may be done of you." (Exodus xii : 14-16). This is the first place where we meet with the account of an assembly collected for the mere purpose of religious worship. Such assemblies are called holy convocations, which is a very appropriate appellation for a religious assembly ; they were called together by the express command of God, and were to be employed in a work of holiness. Four weeks and more pass, the children of Israel are in the wilderness, manna is sent down from heaven. And it came to pass that on the sixth day they gathered twice as 95 much bread, two omers for one man, and all the rulers of the congregation came and told Moses. And he said unto them, This is that which the Lord hath said, to-morrow is the rest of the holy Sabbath unto the Lord ; bake that ye will bake to-day, and seethe that ye will seethe, and that which remaineth over lay up for you to be kept until the morning. * * * And Moses said eat that to-day, for to-day is a Sabbath unto the Lord, to-day ye shall not find it in the field. Six days ye shall gather it, but on the seventh day, which is the Sabbath, in it there shall be none. And it came to pass that there went out some of the people on the seventh day for to gather and they found none. And the Lord said unto Moses : How long refuse ye to keep my commandment^ and my laws ? See for that the Lord hath given you the Sabbath, therefore He giveth you on the sixth day the bread of two days ; abide ye every man in his place ; let no man go out of his place on the seventh day. So the people rested on the seventh day. Two weeks and more pass and the Almighty is again heard ; then a positive command goes forth from the smok- ing top of Mount Sinai. Remember the Sabbath day to keep it holy. Six days shalt thou labor and do all thy work, but the seventh day is the Sabbath of the Lord thy God, in it thou shall not do any work, * * * for in six days the Lord made heaven and earth, the sea and all that in them is, and rested the seventh day ; where- fore the Lord blessed the seventh day and hallowed it. Here the time in which man shall work and in which he shall not is fixed by Deity, himself, in a manner too solemn to be forgotten or disregarded. It was pronounced with the voice of a loud trumpet, midst the lightnings and the quakings of the mount. And Moses gathered all the con- gregation of the children of Israel together and said unto them, these are the words which the Lord hath commanded hat ye should do them. Six days shall work be done, but 96 on the seventh day there shall be to you a holy day, a Sab- bath of rest to the Lord ; whosoever doeth work therein shall be put to death. Thus was proclaimed the first punishment for a violation of the Sabbath day. And while the children of Israel were in the wilderness they found a man that gathered sticks upon the Sabbath day. And they that found him gathering sticks brought him unto Moses and Aaron, and unto all the congregation. And they put him in ward because it was not declared what should be done to him. And the Lord said unto Moses — the man shall be surely put to death ; all the congregation shall stone him with stones without the camp. And all the congrega- tion brought him without the camp and stoned him with stones, and he died as the Lord commanded Moses. The stoning of the Bible and of the Talmud was not as commonly supposed — a pell-mell casting of stones at a crimi- nal. The manner was as follows : The criminal was con- ducted to an elevated place, divested of his attire, if a man, and then hurled to the ground below. The height of the eminence from which he was thrown was always more than fifteen feet ; the higher, within certain limits, the better. The violence of the concussion caused death by dislocating the spinal cord. The elevation was not, however, to be so high as to greatly disfigure the body. This was a tender point with the Jews ; man was created in God's image, and it was not permitted to desecrate the temple shaped by heaven's own hand. The first of the witnesses who had testified against the condemned man acted as executioner, in accordance with Deut. xvii : 7. If the convict fell face downward, he was turned on his back. If he was not quite dead, a stone so heavy as to require two persons to carry it, was taken to the top of the eminence whence he had been thrown, the second of the witnesses then hurled the stone so as to fall upon the culprit below. This process, however, was seldom necessary, the semi-stupefied condi- 97 tion of the condemned, and the height from which he was cast insuring, in the generality of cases, instant death. Previous to the carrying into effect a sentence of death, a death-draught, as it was called, was administered to the unfortunate victim. The beverage was composed of myrrh and frankincense {Icbana), in a cup of vinegar or light wine. It produced a kind of stupefaction, a semi-conscious con- dition of mind and body, rendering the convict indifferent to his fate and scarcely sensible to pain. As soon as the culprit had partaken of the stupefying draught the execu- tion took place. The later Jewish Sabbath, observed in accordance with the rules of the Scribes, was a very peculiar institution, and formed one of the most marked distinctions between the He- brews and other nations, as appears in a striking way from the fact that on this account, alone, the Romans found themselves compelled to exempt the Jews from all military service. The rules of the Scribes enumerated thirty nine main kinds of work forbidden on the Sabbath, and each of these prohibitions gave rise to new subtleties. Jesus's disciples, for example, w^ho plucked ears of corn in passing through a field on the holy day, had, according to Rabbin- ical casuistry, violated the third of the thirty-nine rules, which forbade harvesting ; and in healing the sick Jesus, himself, broke the rule that a sick man should not receive medical aid on the Sabbath, unless his life was in danger. In fact, as our Lord puts it, the Rabbinical theory seemed to be that the Sabbath was not made for man, but man {ox the Sabbath, the observance of which was so much an end in itself that the rules prescribed for it did not require to be justified by appeal to any larger principle of religion or hu- manity. The precepts of the law were valuable in the eyes of the Scribes, because they were the seal of Jewish partic- ularism, the barrier erected between the world at large and the exclusive community of Jehovah's grace. For this pur- 98 pose the most arbitrary precepts were the most efifective, and none were more so than the compHcated rules of Sab- bath observance. The ideal of the Sabbath, which all these rules aimed at realizing, was absolute rest from everything that could be called work; and even the exercise of those offices of humanity which the strictest Christian Sabbatar- ians regard as a service to God, and therefore as specially appropriate to His day, was looked on as work. To save life was allowed, but only because danger to life "super- seded the Sabbath." In like manner the special ritual at the temple prescribed for the Sabbath by the Pentateuchal law was not regarded as any part of the hallowing of the sacred day, on the contrary, the rule was that in this regard "Sabbath was not kept in the sanctuaiy." Strictly speak- ing, therefore, the Sabbath was neither a day of relief to toiling humanity, nor a day appointed for public worship ; the positive duties of its observance were to wear one's best clothes, eat, drink and be glad. (Justified from Iviii Isaiah : 13. 14)- A more directly religious element, it is true, was intro- duced by the practice of attending the synagogue service, but it is to be remembered that this service was primarily regarded not as an act of worship, but as a meeting for in- struction in the law. So far, therefore, as the Sabbath ex- isted for any end outside itself, it was an institution to help every Jew to learn the law. That the old Hebrew Sabbath was quite different from the Rabbinical Sabbath, is demon- strated in the trenchant criticism which Jesus directed against the latter. (Matthew xii : 1-14; Mark ii : 27). The general position which He takes up, that "the Sabbath is made for man, and not man for the Sabbath," is only a special application of the wider principle, that the law is not an end in itself, but a help towards the realization in life of the great ideal of love to God and man, which is the sum of all true religion. But Jesus further maintains that this 99 view of the law, as a whole, and the interpretation of the Sabbath law which it involves, can be historically justified from the old testament. And, in this connexion, He in- troduces two of the main methods to which historical criti- cism of the old testament has recurred in modern times. He appeals to the oldest history, rather than to the Penta- teuchal code, as province that the later conception of the law was unknown in ancient times (Matthew xii : 3-4), and to the exceptions to the Sabbath law which the Scribes, themselves, allowed in the interests of worship (verse 5), or humanity (verse 11), as showing that the Sabbath must originally have been devoted to purposes of worship and humanity, and was not always the purposeless, arbitrary thing which the schoolmen made it to be. The Sabbath exercised a twofold influence on the early Christian church. On the one hand, the weekly celebration of the resurrection on the Lord's day could not have arisen, except in a circle that already knew the week as a sacred division of time, and, moreov^er, the manner in which the Lord's day was ob- served, was directly influenced by the synagogue service. On the other hand, the Jewish Christians continued to keep the Sabbath like other points of the old law. Eusebius re- marks that the Ebionites observed both the Sabbath and the Lord's day, and this practice obtained, to some extent, in much wider circles, for the Apostolical Constitutions recommend that the Sabbath shall be kept as a memorial feast of the creation, as well as the Lord's day ; as a me- morial of the resurrection. The festal character of the Sab- bath was long recognized in a modified form in the Eastern church, by a prohibition of fasting on that day, which was also a point in the Jewish Sabbath law. On the other hand Paul had quite distinctly laid down from the first days of Gentile Chistianity that the Jewish Sabbath was not bind- ing on Christians (Romans xiv : 5 ; Galations iv : 10; Col. ii : 16), and controversy with Judaizers led in process of lOO time to direct condemnation of those who still kept the Jewish day. According to all the four evangelists the res- urrection of our Lord took place on the first day of the week after Plis crucifixion, and the fourth Gospel describes a second appearance to Mis disciples as having occurred eight days afterwards. Apart from this central fact of the Christian faith, the Pentecostal outpouring of the Spirit seven weeks later, described in Acts ii, cannot have failed to give an additional sacredncss to the day in the eyes of the earliest converts. Whether the primitive church in Jerusalem had any special mode of observing it in its daily meetings held in the temple we cannot tell, but as there is no doubt that in these gatherings the recurrence of the Sabbath was marked by appropriate Jewish observances, so it ;s not improbable that the worship on the first day of the week had also some distinguishing feature. Afterwards, at all events, when Christianity had been carried toother places where, from the nature of the case, daily meetings for wor- ship were impossible, the first day of the week was every- where set apart for this purpose. Thus, Acts xx : 7 shows that the disciples in Troas met weekly on the first day of the week for exhortation and the breaking of bread (I Corinth- ians xvi : 2) ; implies, atr least, some observance of the da)', and the solemn commemorative character it had very early acquired is strikingly indicated by an incidental expression of the writer of the Apocalypse, i : 10, who, for the first time, gives it that name — The Lord's day— by which it is almost invariably referred to by all writers of the century immediately succeeding apostolic times. Among the indi- cations of the nature and universality of its observance dur- ing this period, may be mentioned the precept in the (re- cently discovered) Teaching of the Apostles (chap. xiv). "And on the Lord's day of the Lord come together and break bread and give thanks after confessing your transgressions, that your sacrifice may be pure." Ignatius speaks of those lOI whom he addresses as no longer Sabbatizing, but Hving in the observance of the Lord's day, on which also our life sprang up again. Justin Martyr, during the reign of An- tonius Pius, 1 38-161, says of the weekly meetings of the Christians : "And on the day called Sunday, all who live in the cities or in the country gather together to one place, and the memoirs of the apostles or the writings of the prophets are read, as long as time permits ; then when the reader has ceased, the president verbally instructs and ex- horts to the imitation of these good things. * * * 3ut Sunday is the day on which we hold our common assem- bly, because it is the first day on which God, having wrought a change in the darkness and matter, made the world ; and Jesus Christ, our Saviour, on the same day rose from the dead ; for He was crucified on the day before that of Saturn, and on the day after that of Saturn, which is the day of the sun, having appeared to His apostles and disciples, He taught them those things which we have submitted to you also for your consideration." A new name now appears for the first day of the week which is not found in either the old or new Testament — Sunday; so called because this day was anciently dedicated to the sun as its worship. Sun worship was the worship of the greater part of the people of the East. We are re- minded in God's word to take good heed unto ourselves lest thou lift up thine eyes to heaven, and when thou seest the sun, the moon and the stars shouldcst be driven to wor- ship them. (Deuteronomy iv : 19). This term Sunday, was afterwards adopted by Christian nations. It is also called the Lord's day, the first day of the week, the Sab- bath. Sabbath — rest — day of rest — the day which God ap- pointed to be observed as a day of rest from all secular labor or employment, for the study of His law and for praise, to be kept holy and to be consecrated to His service and worship. Sabbath is not strictly synonomous with 102 Sunday. Sunday is a mere name of a day. Sabbath is the name of an institution. Sunday is the Sabbath of the Christians. Saturday is the Sabbath of the Jews. It has been contended whether Sunday is a name that ought to be used by Christians. The words Sabbath and Lord's day, say some, are the only names mentioned in Scripture respecting this day. To call it Sunday is to set our wis- dom before the wisdom of God, and to give that glory to a pagan idol, which is due to Him alone. The ancient Romans called it by this name, because, upon it, they worshipped the sun, and shall Christians keep up the memory of that which was highly displeasing to God by calling the Sab- bath by that name rather than by either of those he hath ap- pointed ? The earliest civil law on the subject of Sunday is that of the Emperor Constantine, March 7, A. D. 321. The following is the decree : "On the venerable day of the sun let the magistrates and people residing in cities rest, and let all workshops be closed. In the country, however, persons engaged in the work of cultivation may freely and lawfully continue their pursuits, because it often happens that another day is not so suitable for grain-sowing or for vine-planting, lest by neglecting the proper moment for such operations, the bounty of heaven be lost." Constantine, at the time of issuing this decree, was a Pagan, who worshipped the god Apollo, whose sacred day was the first day of the week. Webster says : "Apollo was a deity among the Greeks and Romans, and worshipped under the name of Phoebus, the sun." Gibbon, in his "Decline and Fall of the Roman lunpire," says : "The devotion of Constantine was more peculiarly directed to the genius of the sun, the Apollo of Greek and Roman m)'thology, and he was pleased to be represented with the s)'mbols of the god of light and poetry. * * * The altars of Apollo were crowned with the votive offerings of Constantine, and the credulous multitude were taught to believe that the emperor was permitted to behold 103 with mortal eyes the visible majesty of their tutelar deity. * * * The sun was universally celebrated as the invin- cible guide and protector of Constantine." Dr. Schaff, in his "History of the Christian Church," says : "Constantine enjoined the civil observance of Sunday, though not as Dies Domini (Lord's day), but as Dies Solis, day of the sun, in conformity to his worship of Apollo, and in company with his ordinance for the regular consulting of the Jiarus- pice. The edict of the sun's day was issued March 7, that for consulting the liaruspice was issued the day following. This edict of March 8, concerned the inspection of the en- trails of beasts as a means of foretelling future events. Let us examine a Roman army at the moment when it is pre- paring for battle. The consul orders a victim to be brought and strikes it with the axe, it falls, its entrails will indicate the will of the gods. An liaruspice examines them, and if the signs are favorable the consul gives the signal for battle. The most skillful dispositions, the most favorable circum- stances are of no account if the gods do not permit the battle. In 323, according to the opinion of Mosheim, Con- stantine made a profession of Christianity. Other writers give a later date. The Encyclopedia Brittanicse says : "The notion of conversion in a sense of a real acceptance of the new religion, and a thorough rejection of the old, is incon- sistent with the hesitating attitude in which he stood towards both. Much of this may indeed be due to motives of poli- tical expediency, but there is a good deal that cannot be so explained. Paganism must still have been an operative belief with the man who, down almost to the close of his life, retained so many heathen superstitions. He was, at best, only half heathen, half Christian, who could seek to combine the worship of Christ with the worship of Apollo, having the name of the one and the figure of the other im- pressed upon his coins. Dr. Schaff further says : "When at last, on his death bed, Constantine submitted to baptism, 104 with the remark : 'Now let us cast away all duplicity,' he honestly admitted the conflict of two antagonistic principles which swayed his private character and public life." We herewith give a brief summary of the acts of Constantine, which seems to have a bearing on his inconsistent position as a pagan and a professed Christian : A. D. 3 1 2, professed to have a vision of the cross. There is, however, no evidence that he ever spoke of such a thing before the year 322. A. D. 313, issued the edict of Milan, stopping persecution on account of religion. A. D. 321, March 7, issued a decree that certain classes abstain from labor on "the venerable day of the sun." A. D. 321, March 8, issued a decree for consulting har- uspices — a practice purely pagan. A. D. 323, according to the opinion of IMoshcim, made a profession of Christianity. Other writers give a later date. A. D. 324, murdered Licinius, in violation of his solemn oath. A. D. 325, convened the council of Nice, and presided over its deliberations. A. D. 325, after the council, revoked the edict of Milan, and copied the penal regulations under which Diocletian had persecuted the Christians, and employed them in per- secuting those who did not accept the Christian faith. A. D. 326, murdered his sc^n Crispus, and his nephew Licinius, and a great number of their friends. A. D. 330, May 11, dedicated Constantinople to the vir- gin Mary. A. D. 337, near the close of his life, was baptized into the Christian faith. The first Sunday legislation was the product of that pa- gan conception so fully developed by the Romans, which made religion a department of the state. This was diamet- rically opposed to the genius of New Testament Christian- I05 ity. It did not find favor in the church until Christianity had been deeply corrupted through the influence of gnosti- cism and kindred pagan errors. The Emperor Constantine issued the first Sunday edict by virtue of his power as pon- tifex maximus in all matters of religion, especially in the ap- pointment of sacred days. This law was pagan in every particular. Sunday legislation between the time of Constantine and the fall of the empire was a combination of the pagan, Christian and Jewish cults. Many other holidays — mostly pagan festivals baptized with new names and slightly modi- fied — were associated in the same laws with Sunday. In 321, Constantine declared it most unworthy of this day (Sunday), that it should be taken up with the strifes of the courts and the noxious contentions of suitors, and that it should rather be filled with good acts. This prohibition of law suits included arbitrations. Under the head of good acts are mentioned the emancipation of children, the man- umission of slaves and the visitation of prisoners, to see that they were not cruelly treated. Later laws made further ex- ceptions to the above. The judges were ordered by Theo- dosius (A. D. 408) to proceed against robbers, and espec- ially against the Isaurian pirates at all times, not even e.K- cepting Easter or Lent ; the reason given for this, being that otherwise the discovery of crimes expected from the torture of the robbers may be delayed and the pius hope is expressed that the High God will pardon the act being done on Sunday, because it tends to the safety of the many. There were numerous other e.xceptions for those which ob- tained as against the ante-Christian festivals of Rome were held still in force. Their object was to prevent a failure of justice in civil as well as criminal cases. Theodosius (A. D. 386), went further and extended the prohibition to all business as well as to litigation. In the same year he forbade shows on Sunday, "so that divine worship should not be io6 mixed up with the slaughter of animals." Valentinian Theo- dosius and Arcadius (A. D. 392) forbade, on Sunday, the contests of the circus. Arcadius and Honorius ad- ded theatrical games and horse races, and Honorius and Theodosius (A. D. 409) added all pleasures. Leo and Anthenius go more into detail, and so make the prohi- bition of legal proceedings and of business more sweep- ing, and add, that in thus ordering a freedom from labor, they do not will tliat the day be given to immodest pleas- ures, and mention specially "theatrical representations," "games of the circus," and "tearful exhibitions of wild beasts." The Roman theatre was very different from the modern. Every citizen of Rome had a right to attend it without expense. Hence, instead of an audience few in numbers and of at least some culture, paying for their seats, there were often gathered at a Roman theatre 30,000 people of the very lowest and most brutal kind. This rabble — not the few — had to be pleased, and as the result taste soon de- generated. Purely dramatic representations gave way to clowns, boxers, jugglers, &c., and the theatres were soon polluted with the grossest indecencies, and the luxury of the stage, as the Romans delicately phrased it, drew down the loudest indignation of the reformers of a later day. The contests of the circus were the struggles to the death, often times, of the gladiators. The "tearful spectacles of wild beasts," were not simply fights between the beasts them- selves, or their wholesale butchery by hired spearmen, but also fights between men and savage beasts, and yet further, the butchery of helpless men and women, cast bound to the animals to be destroyed by them. To the early Christians, with the memories of the days of Nero and others still fresh, these spectacles were especially hateful. They were con- demned by the better class of Romans — the mere specta- tors ; how much more then by those whose relatives, friends, leaders and fellow religionists had been compelled to act lO/ and suffer in them. These laws form the basis of the Eng- Hsh legislation on this subject, and consequently of ours. They can easily be traced in these. Like the laws of their day, they deal with the concrete and do not lay down gen- eral rules. But the principle underlying them is easily seen. They forbid all labor or work on Sunday, except such as was essential, or at least highly conducive to the welfare, and which, in a broad sense, could be called necessary to the state and its citizens. Hence, the farmer could sow his seed and plant his vines, equally as the state could pursue robbers and pirates, and to prevent the loss of a right or the failure of justice, the private suitor could take legal proceedings, just as the state could take steps to prevent the escape of criminals. They prohibited pleasures which were, to a high degree, offensive to the taste and moral sense of the community. But they no- where prohibited recreation qr inoffensive pleasures or social enjoyments unless, indeed, the laws of Honorius and Theo- dosius severed from its connexion, be held to do this. This law, however, found no place in the Justinian code, and consequently did not last very long. As it is through England that we have derived our laws on this, as on almost all subjects, we turn now to her legis- lation. Of the laws before the Norman conquest, the earliest is that of Ina or Ine, King of the West Saxons, in the year 692 or 693. It is as follows : "If a slave work on the Sunday by his lord's command, let him become a free- man, and let the lord pay thirty shillings for mulct. But if the slave work without his lord's privity, let him forfeit his hide (be scourged) or a ransom for it. If a freeman work without his lord's command, let him forfeit his free- dom, or sixty shillings. Let a priest be liable in double jiunishment." To a similar effect were the "dooms," A. D. 696, of Wihtred, King of the Kentish, and also the laws A. D. 878, enacted by the convention between /Edward the io8 Elder and Guthrun the Dane. These latter, however, went further and ordained that goods set for sale on Sunday should be forfeited. Athclstane likewise, A. D. 925, for- bade "buying and selling on the Lord's day." Edgar the Peaceful, A, D. 958, forbade, further, "heathenish songs and diabolical sports," whatever these were, and also markets and county courts. He also fixed the beginning of Sunday at three o'clock Saturday afternoon, to last "till Monday morning light." This extension of Sunday did not last very long. Aethelred (1009) added "hunting bouts" to the pro- hibited sports, and renewed the interdict as to "trafficking, county courts and worldly works." King Canute — sturdy man as he w^as — also put hunting (10 17) under the ban. He, however, relaxed the rule as to the courts, and allowed them to sit on Sunday "in case of great necessity." The constitution of Archbishop Islip, 1359, complains bitterly "to our great hearts grief * _* * ^\^^^ ^ detestable, nay damnable perverseness has prevailed as to the observance of Sunday" — that though it is provided by sanction of law and canon "that no markets, negotiations or courts be held on that day, and that people go to church, yet, that men neglect their churches for unlawful meetings, where revels and drunkenness and many other dishonest doings are practiced." Following this comes H Richard (1388), for- bidding to servants and laborers on Sunday "the playing at tennis, foot ball, and other games called coytes, dice, casting of the stone, railes and such other importune games," but doubtless, with an eye to the good of the state, ordering that they should have "bows and arrows, and use the same on Sunday." This law was reenacted with additional penal- ties by Henry IV (1404). The same year a statute was ordained that forbade cordwainers and cobblers from selling shoes, &c., on Sunday. This, however, was repealed in 1523. In 1438, under Henry VI, an act was passed for- bading laborers, engaged by the week, to claim wages for 109 work done on Sunday. In 1458, under Henry VI, an act was passed stating that "considering the abominable injuries and offences done to Almighty God and His saints (always aiders and singular assistors in our necessities), because of fairs and markets upon their high and principal feasts," for- bade the holding of markets and fairs on Sunday, except the four Sundays in harvest. Edward VI, in his injunc- tions, without waiting for a parliament, ordered that Sunday "be wholly giv^en to God — in hearing the word of God read and taught, in private and public, prayers, * * * visit- ing the sick," &c., but allowed men in time of harvest to labor on holy and festival days, and save that thing which God hath sent, and adds, that "scrupulosity to abstain from working upon those days doth grievously offend God." The parliament of Edward VI ( 1 5 5 2) confirmed this with but little change. All persons were ordered to keep Sundays "holy days," and to abstain from lawful bodily labor, but it was allowed "to every husbandman, laborer, fisherman, and to all and every other person and persons of whatsoever de- gree or condition he or she may be, upon the holy days aforesaid, in harvest or at any other times in the year, when necessity shall require, to labor, ride, fish, or work any kind of work at their free will and pleasure." The harvest time referred to was then apparently counted from July ist to September 24th, and was not restricted to four weeks. Under Queen Mary this act was repealed. Queen Eliza- beth, who did not suffer her parliament to meddle much with religious matters, rc-cnjoincd its observance, but the act was not revived by parliament till I James, when the act of Queen Mary was formally repealed and this revived. In 1564, Puritanism, which had been at work on the English mind for many years, took definite form and first assumed its name. It intensified yet further the severity and strict- ness of conduct on Sunday, and apparently, about this time, the name of Sabbath was for the first time applied generally no to the day. Fuller mentions, as an incident which increased this feeling, an accident which happened in 1583 at a bull baiting on Sunday: "The scaffold fell and killed a few people, and injured yet more." This, together with Dr. Bownd's book (1583), pushed yet further the tendency of the age to gloom and severity. Queen Elizabeth added to Edward's injunctions by forbidding inn-holders and all house-keepers, &c., "to sell meat or drink in the time of common prayer." This stringency, then as now, produced some reaction. King James I, in one of his progresses through Lanca- shire, noticed the extreme strictness with which the magis- trates compelled the observance of Sunday and the conse- quent discontent of the people. Therefore, on May 14, 16 14, he issued for the people of Lancashire "The Book of Sports," or "Declaration," that his good people after the end of divine service "should not be disturbed, letted or dis- couraged from any lawful recreations, such as dancing, either of men or women ; archery for men, leaping, vaulting or any such harmless recreations, nor from having of May games, Whitsunales or Morris dances, and setting up of May poles, or other sports therewith used, * * * with- al prohibiting all unlawful games to be used on Sundays only, as bear baiting, bull baiting, interludes and at all times in the meaner sort of people by law prohibited, bowling." This king who "never said a foolish thing and never did a wise one," well illustrated this unhappy faculty in this de- claration. The preamble deserves to be set out in full. "With our own ears," says the king, "we have heard the com- plaints of our people that they were barred from all lawful recreation and exercise upon the Sunday's afternoon, after the ending of all divine service, which cannot but produce two evils. The one hindering the conversion of man}' whom their priests will take occasion thereby to vex, persuading them that no honest mirth or recreation is lawful or toler- able in our religion, which cannot but breed a great discon- 1 1 1 tentment in our people's hearts, especially of such as are peradventure upon the point of turning. The other incon- venience is this, that this prohibition barreth the meaner and commoner sort of people from using such exercises as may make their bodies more able for war, when we or our successors shall have occasion to use them, and in place thereof sets up filthy tipplings and drunkenness, and breeds a number of idle and discontented speeches in their ale houses. For when the common people have leave to exer- cise, if not upon the Sundays and holy days, seeing they must apply to their labor and win their living in all work- ing days." Instead of extending this privilege to all classes, he expressly refused "this benefit and liberty to known re- cusants" (so-called Romanists), and to the Puritans. This incensed these beyond measure. The calvinistic Arch- bishop Abbott forbade the reading of this declaration (as required by it), at Croydon Church. The Lord Mayor of London stopped the king's carriage when passing through London on Sunday. In 1618 King James transmitted orders to the clergy of the whole of England to read the declaration from the pulpit, but so strong was the oppo- sition that he prudently withdrew his command. Puritan- ism was still in the ascendant, and the "Book of Sports" apparently fell a dead letter. It was not extended by this king beyond Lancashire, and the observance of Sunday, under the influence of the calvanistic archbishop, remained generally as strict as ever. In the first year of Charles I, the parliament which he had hastened to call passed an act for the strict observance of Sunday, which the Puritans, who controlled the parliament, affected to call the Sabbath, and which they sanctified by the most melancholy indo- lence. With that positive knowledge of God's will which has always characterized the Puritans, they assert dogmati- cally "that the holy keeping of the Lord's day is a principal part of the true service of God," than which service there is I 12 nothing more acceptable to him ; and then enact that "there shall be no meetings, assemblies or concourse of people out of their own parishes on the Lord's day * * * for any- sports and pastimes whatsoever, nor any bear baiting, bull baiting, interludes, common plays or other unlawful exer- cises and pastimes, be used by any person or persons with- in their own parishes." The penalty was a fine of three shillings and four pence, and in default of payment the of- fender "should sit in the stocks for the space of three hours." The broader and more catholic spirit of Laud, then Bishop of London, apparently modified the strictness with which those laws were enforced. Upon the death of Abbot in 1633 he succeeded to the archbishopric, and with the greater power he thus obtained he secured a greater in- dulgence to sports and pastimes. By his influence, as it was afterwards charged, tho.ugh apparently not proved, Charles re-published his father's Book of Sports on October 13, 1633, and extended its provisions to the whole realm. This was sorely distasteful to the Puritan clergy, and they avoided reading the book in the churches as far as they could, or, on reading it, would follow it by the fourth com- mandment, or by a sermon against it. Many of the clergy- men were punished for refusing to obey the injunction. Charles was, however, apparently more firm than his father and the book was not altogether a dead letter. Later it was, by order of the Long Parliament, burnt by the com- mon hangman. In the third year of Charles (to go back a little) we find another law of parliament (1627) which enacts that no carriers with any horse, nor wagonmen with any wagon, nor cartmen with any cart, nor wainmen with any wains, nor drover with any cattle * * * by them- selves or any other, shall * * * travel on Sunday, nor shall any butcher, by himself, or through any person "kill or sell any victual," on the said day. This brings us to the act which, with that of Charles I just cited, is of most in- 113 terest and importance to us Americans, i. e. the act of 1676. It was of force at the Revolution, and gav^e more or less color to the laws of the colonies and of the states which succeeded them. For "the better observation and keeping holy the Lord's day, commonly called Sunday," it enacts: 1. That previous laws in force concerning the observa- tion of the Lord's day, and reparing to church therein, be carefully put in execution. 2. That all persons shall apply themselves to such obser- vation by exercising themselves thereon in the duties of piety and true religion, publicly and privately. 3. That no tradesman, artificer, workman, laborer or other person whatsoever "shall do any worldly labor, business or work of their ordinary callings," on that day (works of ne- cessity and charity only excepted)." Children under four- teen years of age were excepted from the operation of this section. 4. That no person shall publicly cry, show forth or ex- pose for sale, any wares, merchandise, fruit, herbs, goods or chattels whatsoever, upon pain of forfeiture of the goods. 5. That no drover, horse courser, wagoner, butcher, hig- gler, or their servants, shall travel or come to his or their inn or lodging. 6. That no person shall "usp , employ or travel * * * with any boat, wherry, lighter, or barge, except on some extraordinary occasion, to be allowed by some magistrate. 7. If any person travelling on Sunday shall be robbed, the Hundred was relieved from the responsibility therefor, but must still make pursuit of the robber. 8. It made void the services of all writs and other legal process on Sunday, except in cases of treason, felony and breach of the peace. 9. That this act should not apply to the prohibiting of dressing of meats in families, or dressing or selling of meats in inns, cook-shops, or victualing houses, for such as other- 114 wise cannot be provided, "nor to the crying and selling of milk before nine in the morning and after four in the after- noon." This ends my review of the English statutes on this sub- ject. The later acts do not concern this country. Doubt- less I have omitted some that I should have noticed. Still the above gives, I hope, the most material regulations for the observance of Sunday at that time. First, ordinary work is forbidden. Then follows the selling of goods. Then the joyous and rollicking festivities of fairs and markets. Then comes games and sports, and thus gradually Sunday is filled with unhappy associations to many. That bull baiting, bear baiting and such like cruel sports should have been interdicted on the day of rest — the day of peace — seems natural to us, but it will be difficult to assign any religious reason for the prohibition of quoits, foot-ball, &c., while the use of bows and arrows was encouraged. The reason implied in the Book of Sports was doubtless the true one. The English archer made the English infantry of that day peculiarly formidable. The peasants supplied the archers. Cut off from all other amusements on their day of leisure, they were almost compelled to become pro- ficient in archery, and to form a corps of skilled reserves, from which the army could always be recruited. These laws of England, howev^er, did not suit many of the Puri- tans of that day. They were too moderate for the followers of Dr. Bownd, and these preferred to exchange their old homes for a wild and unknown land, rather than not to have their own laws, and to follow religion according to their own views. These men were too much in earnest in their convictions to brook any half way observance of Sun- day, and their influence in this matter is felt among us yet. We will now turn our attention to the laws of our own state. When the frame of government for Pennsylvania was adopted by Penn, 25th April, 1682, and certain laws were 115 agreed upon by the Governor and freemen of the province, on the 5th May, 1682, it was enacted, ititer alia, "That ac- •cording to the good example of the primitive Christians, and for the ease of creation, every first day of the week, called the Lord's day, people shall abstain from the com- mon daily labor, that they may the better dispose them- selves to worship God according to their understandings." In the "Great Law" of the province of Pennsylvania and territories thereto belonging, passed at an assembly held at "Chester, alias Upland," December 7, 1682, it was again enacted, "To the end that looseness, irreligion and atheism, play not creep in under pretense of conscience in this province, that according to the example of the primitive Christians, and for the ease of creation, every first day of the week, called the Lord's day, people shall abstain from their usual and common toil and labor. That whether masters, parents, children or servants, they may the better dispose themselves to read the scriptures of truth at home or frequent such meetings of religious worship abroad as may best suit their respective persuasions." This was, with some other laws enacted at the same time, declared "a fundamental law," and it was also declared that the same "should not be altered, diminished or repealed in whole or in part without the consent of the Governor, his heirs and assigns and six parts of seven of the freemen of the province or territories thereof in Provincial Council and Assembly met." This and all other laws previously in force were, from their dislike to William Penn, it is said, abrogated by William and Mary, King and Queen of England, in 1693, but this was reenactcd by the new provincial authorities the same year and continued in force till the year 1700, when it was again enacted, after the government of the province, which had fallen into great confusion and disorder during the absence of Penn in England, was again reorgan- ized. (See Bioren's Laws, Vol. I, p. i.) This continued ii6 until a new act was passed by the legislature in 1705, which appears to have superseded all previous legislation on this subject, and the fourth, fifth and sixth sections of which are still in force. The first section of this act, which was super- seded by the act of 25th April, 1786, and that act by the act of 1794, was as follows : "An act to restrain people from labor on the first day of the week, to the end that all people in this province may, with greater freedom, devote themselves to religious and pious exercises. Be it enacted by John Evans, Esq., by the Queen's Approbation Lieutenant Governor, under William Penn, Esq., Absolute Proprietary Governor in Chief of the province of Pennsylvania and territories, by and with the advice and consent of the freemen of said province in Gen- eral Assembly met. That according to the example of the primitive Christians, and for the ease of creation, every first day of the week, commonly called Sunday, all the people shall abstain from toil and labor, that whether masters, parents, children, servants or others, they may the better dispose themselves to read and hear the holy scriptures of truth at home and frequent sucli meetings of religious wor- ship abroad as may best suit their respective persuasions, and that no tradesman, artificer, workman, laborer or any other person whatsoever, shall do or exercise any worldly business or work of their ordinary callings on the first day of the week, or any part thereof (works of necessity and charity only excepted), upon pain that every person so of- fending shall, for every offense, forfeit the sum of twenty shillings : Provided always. That nothing in this act con- tained shall extend to prohibit the dressing of victuals in flimilies, cook-shops and victualling houses." In 1794 an act which is now the law of the Commonwealth was passed, superseding and repealing all previous laws, in the terms following : 117 "An Act for the prevention of vice, immorality and of unlawful gaming, and to restrain disorderly sports and dis- sipation." "Section i. If any person shall do or perform any world- ly employment or business whatever, on the Lord's day, commonly called Sunday (w^orks of charity and necessity only excepted), or shall use or practice any unlawful game, shooting, sport or diversion whatever, on the same day, and be convicted thereof, every such person so offending shall forfeit and pay four dollars, to be levied by distress ; or in case he or she shall refuse or neglect to pay said sum, or goods or chattels cannot be found, whereof to levy the same by distress, he or she shall suffer six days' imprison- ment in the house of correction of the proper county : Pro- vided, That nothing herein contained shall be construed to prohibit the dressing of victuals in private families, bake- houses, inns or other houses of entertainment for the use of sojourners, travellers or strangers, or to hinder watermen from landing their passengers, or ferrymen from carrying over the water travellers, or persons moving with their fam- ilies on the Lord's day, commonly called Sunday, nor to the delivery of milk, or the necessaries of life, before nine o'clock in the forenoon, nor after five o'clock in the after- noon of the same day." Judge Duncan, in the case of Updegraph v. The Com- monwealth, II S. &. R. 394, states that "Christianity, gen- eral Christianity, is and always has been a part of the com- mon law of Pennsylvania ; Christianity without the spiritual artillery of European countries — for this Christianity was one of the considerations of the royal charter and the very basis of its great founder, William Penn — not Christianity with an established church, and tithes, and spiritual courts ; not Christianity founded on any particular religious tenets, but Christianity with liberty of conscience to all men. Wil- liam Penn and Lord Baltimore were the first legislators," y ii8 the first a Friend, and the latter a Roman CathoHc, "who passed laws in favor of liberty of conscience, for before that period the principles of liberty of conscience appeared in the laws of no people, the axiom of no government, the in- stitutes of no society, and scarcely in the temper of any man. Even the reformers were as furious against contumacious errors as they were loud in asserting the liberty of conscience. And to the wilds of America, peopled by a stock cut off by persecution from a Christian society, does Christianity owe true freedom of religious opinion and religious worship." The case was an indictment for blasphemy founded on an Act of Assembly passed in 1700, which enacts that "whoso- ever shall wilfully, prcmeditatcdly and despitefully blas- pheme and speak loosely and profanely of Almighty God, Christ Jesus, the Holy Spirit, or the Scriptures of Truth, and is legally convicted thereof, shall forfeit and pay the sum of ten pounds." It was decided in September, 1824, and the judges of the Supreme Court were Tilghman, Chief Justice, and Gibson and Duncan justices. The Supreme Court in 1853 was composed of Black, Chief Justice, and Lewis, Lowrie, Woodward and Knox, justices. In the court of that year was the case of Johnson V. The Commonwealth, 10 Harris, 102. It was there held that "driving an omnibus as a public conveyance daily, and every day, is worldly employment, and not a work of charity or necessity within the meaning of the Act of 1794, and therefore not lawful on Sunday. Chief Justice Black and Justice Lewis dissented. Judge Woodward, in delivering the judgment of the court, said: "These statutes were not designed to compel men to go to church or to worship God in any manner inconsistent with personal preferences, but to compel a cessation of those employments which are cal- culated to interfere with the rights of those who choose to assemble for public worship. The day was set apart for a purpose and the penal enactments guard it, but the)- lea\'e 119 every man free to use it for that purpose or not. If he wish to use it for the purpose designed, the law protects him from the annoyance of others — if he do not, it restrains him from annoying those who do so use it. Thus the law, without oppressing anybody, becomes auxiliary to the rights of conscience. And there are other rights intimately as- sociated with the rights of conscience which are worth pre- serving. The right to rear a family with a becoming re- gard to the institutions of Christianity, and without compell- ing them to witness, hourly, infractions of one of its funda- mental laws ; the right to enjoy the peace and good order of society and the increased securities of life and property which result from a decent observance of Sunday ; the right of the poor to rest from labor without diminution of wages or loss of employment ; the right of beasts of burthen to re- pose one-seventh of their time from their unrequited toil ; these are real and substantial interests which the legislature sought to secure by this enactment, and when" has legisla- tion arrived at higher objects ?" The Supreme Court in 1859 '^^'^^ composed of Lowrie, Chief Justice, and Wood- ward, Thompson, Strong and Read, justices. In the court of that year was the case of The Commonwealth z>. Nesbit, 10 Casey, 398. It was there held that "it is not a violation of the Act of April 22, 1794, for a hired domestic servant to drive his employer's family to church on the Lord's day in the employer's private conveyance. Chief Justice Lowrie, in delivering the opinion of the court, said : "Some worldly employments are expressly allowed, such as removing with one's family, delivery of milk and necessaries of life, and the business of ferrymen and innkeepers; and of course, these may be performed by a principal or by his servants, and by all the ordinary means adopted for these purposes, and which are not themselves forbidden. And all worldly employments arc allowed which, in their nature, consists of acts of nccessit}' or charit)', or if the)' become so for the I20 time beiiif^ by reason of famine, flood, fire, pestilence, or other disaster. In such cases necessity and charity de- mands the work, and with it all the ordinary means of doing it. The whole purpose of some employments is to do works of necessity or charity. The business of a phy- sician cannot be stopped on Sunday because it is a work of necessity. He must travel in performing it, and he is there- fore entitled to use all the ordinary means of such travel, and this includes, of course, the labor of his servants in at- tending to his horse and carriage, and in driving if he thinks it needful. The law does not inquire whether he might have done such work himself It is not the driving, but the principal work that is needful ; the driving follows mere- ly as ordinary means. The business of the apothecary is necessary, so far as it is connected with human sickness, and a man may attend to it by his servants, though that means may not be necessary. Hospitals in great variety are necessary, and no one doubts that all the domestic at- tendants of these institutions may lawfully pursue their usual avocations therein, because they are the ordinary means of a legitimate purpose. That people may enjoy religious worship and instruction, the functions of the preacher, the religious teacher, the sexton, the organist and the singers are not forbidden, even though these per- sons engage in these employments as a means of livelihood. Hence, the ordinary means of attending public worship are not forbidden when used purely for this purpose. In this \iew of the case it is the rightncss and the exigencies of the purpose that justify the ordinar}' means of effectuating it. Conducting and attending religious worship are among the x'ery purposes for which the law protects the day, and therefore all the means which common usage shows to be reasonably necessary for these purposes are not forbidden. But no one ought to expect sharp definitions of legal duty on such a subject. Modes of lix'ing, of business, of travel 121 and other human customs are so continually changing that definitions involving them can never be universally, but only generally, adequate. All that we can expect is truth and accuracy to a general intent. Even law, as a definition of human duty, is subject to this defect. Yet, with very few exceptions, it is true that no one who sincerely respects the customs of society and strives to maintain them in his social life, can fail to understand the law in all its main features, and to live in conformity with it. It is only in peculiar and exceptional cases that any difficulties can arise, and even these are made easy of solution by a sincere dis- position to conform to the order of society. Necessity it- self is totally incapable of any sharp definition. What is a mere luxury or perhaps entirely useless or burdensome to a savage, may be a matter of necessity to a civilized man. What may be a mere luxury or pleasure to a poor man, may be a necessity when he has grown rich. Necessity, therefore, can itself be only approximately defined. The law regards that as necessary which the common sense of the country, in its ordinary modes of doing its business, regards as necessary. . By this test the business of keeping a livery stable[for the care of people's horses is a necessary employ- ment in large towns, and of course this requires some work and attention on Sundays, and this may be performed to the extent of the necessity by the ordinary means be- longing to the business. By this test, also, iron and glass are necessaries of life and they cannot be obtained without some work being done on Sundays, if the business is to be performed according to the ordinary skill and science of the country. The law never inquires whether iron and glass generally, or in such large quantities, are really nec- essary in the strictest sense of the wortl, or whether it is not possible to improve the art so that Sunday may not need to be violated. This is not the province of law but of individual enterprise and science. Law, therefore, does not 122 condemn those employments which society regards as nec- essary, e\cn when they encroach on the Sabbath, if, accord- ing to the ordinary skill of the business, it is necessary to do so. And then the business being recognized as neces- sary, it may be performed by means of the services of others and by all the ordinary means of the business, so far as it is necessary. But let us consider the statutory definition of what is forbidden. It is 'any worldly employment or business whatsoever.' What does this word 'worldly' mean ? Its correlatives help us to its meaning. Very evi- dentl)' worldly is contrasted with religions, and the worldly employments are prohibited for the sake of the religious ones. Of course, therefore, no religious employments are forbidden. Hence, funerals, as religious rites, are allowed on Sunday, and all the functions of undertakers, grave dig- gers, hearse and carriage drivers, and others, though such persons use such employments as a means of livelihood. Hence, also, while purely civil contracts are forbidden on Sunday, marriage is not so, because it is not purely civil, but also a religious contract. But the words domestic, household, family, are also correlatives of the word worldly. If they are so in this law, then worldly employments being *alonc forbidden, of course these contraries are not. An obstacle to this view is, that cooking victuals in families is excepted as though the general prohibition of worldly em- ployments included it. Yet this exception is possibly ex- pressed by way of precaution to prevent a supposed but perhaps misinterpreted Jewish law from being misapplied to us as though repeated in our law. Exodus, i6: 23 and 35 : 3. Or possibly the purpose of the proviso was to save from the prohibition certain worldly employments, such as cooking victuals in bake houses, boarding houses and inns, and delivery of milk, and cooking in families was also named merely to prevent a prohibiiion of it from being im- plied from the proviso, though not included in the general 123 prohibition. If this is a redundancy it is not the only one. Cooking victuals in bakehouses and inns is specially al- lowed, and yet it is understood to be included under the term 'works of necessity.' And if 'worldly employment' is to be taken in its largest sense it includes hunting, shoot- ing and sporting, and yet these are specially forbidden. We think that these terms were not intended to include such household or family work as pertains directly to the proper duties, necessities and comforts of the day, and this work may be done by any member of the family, including domestics. The most convincing proof that this is the true interpetation of the law is, that it has always been so under- stood. It has never been regarded as applying to the proper internal economy of the family. It does not except the ordinary employments of making fires and beds, clean- ing up chambers and fire places, washing dishes, feeding cattle and harnessing horses for going to church, because these were never regarded as the worldly business of the family, and therefore not forbidden to the head of the family or to the domestics. It is probable, however, that the most of these occupations may have been regarded as works of necessity, or as means of performing such work. These domestic employments, being necessary for every day are not worldly employments in the sense of the law, may be exercised in the ordinary modes and with the ordinary freedom of the family without any violation of the law." The Supreme Court in 1867 w^as composed of Woodward, Chief Justice, and Thompson, Strong, Read and Agnew, justices. In the court of that year was the case of Spar- hawk V. Union Passenger Railway Company, 54 Pennsyl- vania State Reports, 401, where it was held that "running passenger cars on Sunday is a violation of the Act of 1794, and is within its penalties," but that "a party cannot vindi- cate others' rights by process in his own name nor employ ci\'il process to punish wrongs to tlie public." Judge 124 Thompson delivered the opinion of the court which was concurred in by the Chief Justice, and Read, justice. Judge Strong and Agnew dissented. Judge Read, one of the most scholarly men of his day, said in his concurring opinion : "Christianity is a part of the laws of England, says Black- stone, and Lord Chief Baron Kelly, in the late case of Cowen V. Milbourn, Law Rep. 2 Ex. 234, uses similar lan- guage : 'There is abundant authority for saying that Christ- ianity is part and parcel of the law of the land.' It is clear, therefore, that, as our common law is derived from Eng- land, we must look to that country for information as to what our common law on this subject was and is. Eng- land, at least for the last eight hundred years, has always had an established church, with the single exception of the time of the Commonwealth. From William the Conqueror to Henry the VIII it was the Roman Catholic, and from his death to the present time, with the exception of the reign of Queen Mary, it has been the Church of England. Of course this part of the common law has been affected and controlled and formed by the practices and usages of the church, established by law, and not by those of any other sect or denomination of Christians. England has an established church, and Scotland has also another, and neither have any control over the other. Our common law, however, is derived from England, and therefore it is only to England we are to look for it, and not to any other country. The first day of the week, the Lord's day, com- monly called Sunday, is a day for worship and rest as regu- lated by the civil authority. It is dies non jjiridicus in Eng- land, but in other respects it is the subject of positive regu- lation by the legislative authority. I am aware that some religious persons of some religious sects think the sanctity of Sunday, as a day of entire rest, is prescribed to all nations, and particularly to all Christians, by the fourth command- ment in the Decalogue, but an attentive perusal of the 20th, 125 3 1st and 35th chapters of Exodus, and of the 5th chapter of Deuteronomy, will show that this commandment was specially limited to the Jewish nation alone. The words spoken were, 'I am the Lord thy God, which have brought thee out of the land of Egypt, out of the house of bondage,' and the verses succeeding the Decalogue, and the 2 ist chap- ter which commences, 'Now these are the judgments which thou shalt set before them,' show clearly" that the command- ments and judgments were addressed to the Israelites alone, and so in the 24th chapter, where the people take the cov- enant and said, 'all that the Lord hath said, will we do, and be obedient.' So in the 12th to the 17th verses of the 31st chapter, 'speak thou also unto the children of Israel, say- ing, verily my Sabbaths ye shall keep, for it is a sign be- tween me and you throughout your generations.' 'Every one that defileth it shall surely be put to death ; for whoso- ever doeth any work therein, that soul shall be cut off from among his people.' 'Wherefore, the children of Israel shall keep the Sabbath, to observe the Sabbath throughout their generations for a perpetual covenant.' 'It is a sign between me and the children of Israel forever.' In the 5th chapter of Deuteronomy, 'Moses called all Israel and said unto them, hear, O Israel, the statutes and judgments which I speak in your ears this day, that ye may learn them, and keep, and do them. The Lord our God made a covenant with us in Horeb. The Lord made not this covenant with our fathers, but with us, even us, who are all of us here alive this day.' Then follows the Decalogue, but the reason assigned for the fourth commandment is in the 15th verse in these words, 'And remember that thou wast a ser- vant in the land of P^gypt, and that the Lord thy God brought thee out thence through a mighty hand, and by a stretched-out arm : therefore the Lord thy God commanded thee to keep the Sabbath day.' In the 22d verse Moses says, 'These words (the ten commandments) the Lord spake 126 unto all )-our assembly in the mount, out of the midst of the fire, of the cloud and of the thick darkness, with a ^reat voice ; and he added no more.' This recapitulation of Scripture makes it clear tliat the fourth commandment, which is a positive statute imposed upon the Israelites alone, as a people separated from all other nations by the Almighty for special and wise purposes, was not intended either for the Gentries or for those Hving under a later dis- pensation. Like circumcision, it was a sign between Him and them only. It was a part of the ceremonial law, like sacrifices, and not hinding at an}- time on any nation except the Jews. It is evident that no great nation of modern times, living under the Christian dispensation, could sub- mit to an observance of a day of entire rest under the penalty of death for any breach of it ; for the command of the Al- mighty inflicted this penalty on the offender. The whole Jewish constitution was framed for a small and partially barbarous nation, whose tendency was to idolatry, and upon whom were imposed burdens which could only be borne by those who considered tfiemselves as specially selected by the Godhead. It was not a nation who could spread their doctrines or convert other nations, and their mission ceased with the birth of our Saviour. The Old Testament contains moral revealed law, ceremonial and judicial laws — the two last being either typical, or intended especially or only for the Jewish people under the old dispensation, were terminated by fulfillment or abrogation on the coming of Christ, and the completion of the Christian dispensation. This was the view of the Apostle Paul, when he says in his Epistle to the Colossians, 'Blotting out the handwriting of ordinances that was against us, which was contrary to us, and took it out of the way, nailing it to his cross ; and having spoiled principalities and powers, he made a show of them openly, triumphing over them in it. Let no man therefore judge }'Ou in meat, or in drink, or in respect of 12/ an holy day, or of the new moon, or of the Sabbath days ; which are a shadow of things to come : but the body is of Christ.' Col. ii : 14, 15. So in his Epistle to the Gala- tions : 'But now, after that ye have known God, or rather are known of God, how turn ye again to the weak and beg- garly elements, whercunto }-e desire again to be in bond- age? Ye observe days, and months, and times, and years. I am afraid of you, lest I have bestowed upon you labor in vain.' Gal. iv : 9, 10. 'Stand fast, therefore, in the liberty wherewith Christ hath made us free, and be not entangled again with the yoke of bondage.' Gal. v: i. So in his Epistle to the Romans, 14th chap., 5th verse, 'One man esteemeth one day above another; another estcemeth every day alike. Let every man be fully persuaded in his own mind.' 'He that regardeth the day regardeth it unto the Lord ; and he that regardeth not the day, to the Lord he doth not regard it ;' and in the preceding chapter, 9th verse, the Apostle says : 'For this, thou shalt not commit adult- ery ; thou shalt not kill ; thou shalt not steal ; thou shalt not bear false witness ; thou shalt not covet ; and if there be any other commandment, it is briefly comprehended in this saying, namely, thou shalt love thy neighbor as thy- self.' It is evident from these texts that the Apostle did not regard the fourth commandment as a part of the moral revealed law, but as a ceremonial or judicial law which was terminated by the coming of our Saviour and the comple- tion of the Christian dispensation. It was part and parcel of the old dispensation fitted only for a small and peculiar nation, and necessarily perished with it, the whole being supplied by the Christian dispensation embracing in its out- stretched arms, not a single people, but all the nations of the earth, and announcing principles of the purest morality exemplified in the life and .teachings of the divine author of our religion. The fourth commandment was a positive statute, fixing the seventh day of the week as a day of rest. 128 and is the day obscn'ed by the Jews ; and of course the first day of the week cannot be the Sabbath day of the De- calogue. The Sunday of the Christian world is therefore not the Jewish Sabbath of the fourth commandment, and such was the declared opinion of Luther, Calvin, and all the early reformers. Luther said : 'As for the Sabbath or Sunday there is no necessity for its observance ; and if we do so the reason ought to be not because Moses commanded it, but because nature likewise teaches us to give from time to time a day of rest, in order that man and beast may re- cruit their strength, and that we may go and hear the word preached.' 'The Gospel regardeth neither Sabbath nor holidays, because they endured but for a time and were ordained for the sake of preaching, to the end God's word might be tended and taught' 'Keep the Sabbath holy for its use both to body and soul ; but if anywhere the day is made holy for the mere day's sake — if anywhere one sets up its observance upon a Jewish foundation, then I order you to work on it, to ride on it, to dance on it, to feast on it, to do anything that shall remove this encroachment on the Christian spirit and liberty.' Calvin says in his exposi- tion of the fourth commandment, 'The Fathers frequently called it a shadoiuy coviuiandiiicnt, because it contains the external observance of the day, which was abolished with the rest of the figures at the advent of Christ.' 'l^ut all that it (the Sabbath) contained of a ceremonial nature was without doubt abolished by the advent of the Lord Christ.' 'Though the Sabbath is abrogated, yet still it is customary among us to assemble on stated days for hearing the word, for breaking the mystical bread, and for public prayers, and also to allow servants and laborers remission from their labor.' 'They complain that Christians are tinctured with Judaism, because they retain any observance of days. But I reply, the Lord's day is not observed by us upon the principle of Judaism ; because, in this respect, the difference 129 between us and the Jews is very great, for wc celebrate it, not with scrupulous rigor as a ceremony which we conceive to be a figure of some spiritual mystery, but only use it as a remedy necessary to the preservation of order in the Church.' 'They' (Luther and Calvin), says Rev. Dr. Rice, 'have observed the form rather as a matter of necessity or expediency, than as divinely commanded.' Calvin encour- aged the burghers of Geneva by his own presence and ex- ample at their public recreations, as bowling and shooting, upon the Lord's day after their devotions at church were ended. Barclay, in his Apology, says : 'We not seeing any ground in Scripture for it, cannot be so superstitious as to believe that either the Jewish Sabbath now continues, or that the first day of the week is the antitype thereof, or the true Christian Sabbath ; which, with Calvin, we believe to have a more spiritual sense ; and therefore, we know no moral obligation by the fourth command or elsewhere, to keep the first day of the week more than any other, or any holiness in it. But, ist, forasmuch as it is necessary that there be sometime set apart for the servants to meet together to wait upon God, and that 2dly, it is fit at sometimes they be freed from their outward affairs, and that 3dly, reason and equity doth allow that servants and beasts have some time allowed them to be eased from their constant labor, and that 4thly, it appears that the Apostles and primitive Christ- ians did use the first day of the week for these purposes, we find ourselves sufficiently mo\-ed for these causes to do so also, without superstitiously straining the Scripture for another reason, which is, that is not to be there found, many Protestants — yea, Calvin himself upon the fourth command hath abundantly evinced.' Melancthon, Beza, Bucer, Zuinglius, Cranmer, Milton and Knox were of the same opinion, and Jeremy Taylor says : 'The effect of which consideration is this : that the Lord's day did not succeed in the place of the Sabbath ; but the Sabbath was wholly I30 abrogated and the Lord's day was merely of ecclesiastical institution.' Paley, Arnold of Rugby, Archbishop Whate- ly and our great lawgiver hold the same language. Penn says : 'To call any day of the week a Christian Sabbath is not CJiristian but Jeivisli ; give us one Scripture for it ; I will give two against it.' Bishop White, the chaplain to congress during the revolution, and the senior bishop of the Protestant Episcopal Church in the United States of America, in his lectures on the Catechism, p. 64, speaking of the fourth commandment, says : 'In regard to its duration it appears evident that as far as regarded the authority of the injunction to the Israelites, and unless some new obligation can be shown the institution ceased even in relation to Jew- ish converts to Christianity at the destruction of their reli- gious polity ; and that it never extended to the Gentile Christians. Of this there shall be given but one proof; it being decisive to the point. It is in the second chapter of the Papistic to the Colossians : 'Let no man, therefore, judge you in meat, or in drink, or in respect of an holy day, or of the new moon, or of the Sabbath days.' Here the Sabbath is considered as falling with the whole body of the ritual law of Moses, and this may show the reason on which our church avoids the calling of her day of public worship — 'Tile Sabbath.' It is never so called in the New Testa- ment.' And in the primitive church the term 'Sabbatizing' carried with it the reproach of a leaning to the abrogated observances of the law.' The late Rev. Dr. James \V. Alex- ander, a very distinguished divine of the Presbyterian Church, writing from New York, says: 'The question of riding in our street cars on Sunday is agitating our com- munity. I have not been able to decide it. The poor go IN CARS, 'I'liK RICH IN COACHES. Tlic uumbcr of horses and men is less than if there were no cars. It is a query whether as many cars as would be demanded by those (among half a million), who haxc lawful occasion to journc)'. If so, the 131 whole question would be reduced to one of individual vo- cation to this amount of locomotion. The whole matter of the Christian Sabbath is a little perplexed to my mind. ist. All that our Lord says on it is prima facie on the side of relaxation. 2d. The Apostles who enforce, and, as it were, reenact every other commandment of the ten, never advert to this. 3d. Even to Gentile converts they lay no stress on this, which might be expected to come first among ex- ternals. 4th. According to the letter, Paul teaches the Col- ossians (xi : 16), not to be scrupulous about Sabbaths. I am not, therefore, surprised, Calvin had doubts on the sub- ject. I must wait for more light.' To the young man whom he directed to keep the commandments, if he would enter into eternal life, and who asked him, 'Which?' 'Jesus said, thou shalt do no murder ; thou shalt not commit adultery ; thou shalt not steal ; thou shalt not bear false witness ; honor thy father and thy mother, and thou shalt love thy neighbor as thyself,' is a strong corroboration of the second reason above given by Dr. Alexander. The Sabbath of the fourth commandment being abrogated and abolished, our Saviour did not command the observance of Sunday, nor is it alleged that there is any express direction to observe it by any of the Apostles to be found in the New Testament. That Sunday {dies so/is) grew up by usage among the primitive Christians as a stated day of prayer, and was recognized as such in the time of Justin Martyr, is certain. But it was clearly not a Sabbath in the Jewish sense, for the division into weeks was not recognized in the Roman world until the third and fourth centuries, and all Christians who were slaves could not have obliged their heathen masters to give them one day in seven, for an entire rest from all labor. So, from Pliny's letter to the P>mperor Trajan, it would appear, the primitive Christians met before it was light for worship and prayer, which was obviously adopted that it might not interrupt the labors or occupa- 132 tions of the day, a lar