days to accomplish the distance, which is now covered in a few hours.

The declarations delivered by the Dutch ambassadors to the Maryland Council were received and debated by that august body consisting of Captain William Stone, Dr. Thomas Gerrard, Dr. Luke Barber, Colonel Nathaniel Utie, Colonel Baker Brooke and Edward Lloyd.

These gentlemen ordered that warning should be given to the Dutch to be gone; "that when we are able to beat them out they may not plead ignorance."

A letter to this effect was sent to the States General of the Manhattans.

The directors of the Dutch West India Company, took the matter up, and Captain James Neale, agent for Lord Baltimore in Holland, was instructed by the Proprietary of Maryland to see if his rights on the Delaware were recognized; if not, to protest against the attitude of the Dutch and demand their surrender of the lands they had usurped.

In consequence of these instructions Captain Neale had an audience with the Council of Nineteen of Amsterdam, who claimed their right by possession, etc.

Our space is too limited to enter into the particulars of the prolonged controversy which finally ended in Maryland losing so much of her territory, and in New Amsterdam losing some of her representative men who joined the Lord Baltimore's subjects and became distinguished in his Lordship's service.

CHAPTER XXIX

THE ORIGIN OF LYNCH LAW

THE popular idea that "lynch law" originated in the Southern States and was without any precedent in the English code is a fallacy. Every constable appointed by his Lordship's provincial justices was required in his oath of office to swear that he would "levy hue and cry" and cause refractory criminals to be taken. A glance at the process of this ancient custom will readily convince us that the modern practice of summary execution under the name of "hue and cry" was flourishing in England from earliest times, and was only beginning to be brought under control in the thirteenth century. According to the law, before the time of King Edward I, "when a felony is committed, the hue and cry should be raised." The literal meaning is given by some as "up foot and cry," the proper cry being "Out! out!" "The neighbors should turn out with the bows, arrows and knives, that they are bound to keep, and besides much shouting there will be hornblowing, the 'hue' will be horned from vill to vill." Sir Frederick Polock, of Oxford, and Hon. Frederick W. Maitland, of Cambridge Universities, give the most comprehensive account of this ancient custom. Their exposition of it shows that "if a man is overtaken by hue and cry while he has still about him the signs of his crime he will have short shrift. Should he make any resistance he will be cut down. But even if he submits to capture his fate is already decided. If he was still holding the

gory knife or driving away stolen beasts, he was brought before a court (likely enough one hurriedly summoned for the purpose), and without being allowed to say one word in self-defense he would be promptly hanged, beheaded or precipitated from a cliff, if guilty of stealing, the owner of the goods would act as amateur executioner. It is said by the commentator that while the royal judge did not much like it, it did in truth rid England of more malefactors than the King's Court could hand." The origin of this law was in the days when the criminal taken in the act was ipso facto an outlaw. He was not entitled to any "law," the proof that he was taken redhanded was sufficient evidence for speedy sentence and execution. It was quite evident that the old feudal law of the hue and cry which was proclaimed in Maryland and Virginia in early Colonial days, and which was brought into the colonies along with the other ancient English customs, is perpetuated in the modern lynch law, which has been often pronounced a purely Southern institution. It is rather a bit of barbaric justice (?) which is a survival of the days when America was unknown, and when the early progenitors of all alike, whether of the North or the South, of the East or the West, "upfooted" and away with the echoing "Out!" Out!" through the forests and glades of old England in hot pursuit of the criminal.

CHAPTER XXX

THE GENTLE HEARTED INDIAN

THE passing of the Indian as a charge of the government to an independent property holder makes peculiarly interesting a glimpse at his original characteristics, when first discovered by the English.

Indeed, the picturesque side of the settlement of Maryland must largely include the Indian, strikingly fantastic against the dark background of the primeval forest. Our clearest view of him is from a word picture drawn by those who saw him as he appeared to the interested and startled gaze of the English settlers.

To the red man, as to all unenlightened minds, mystery meant menace, and it is therefore not surprising that we are told by the adventurers that "at the first loaming of our ship upon the river we found the king of the Paschattoways had drawn together 1500 bowe men."

These dusky warriors, "grotesquely painted with blue from the nose upward, and red downward, in a very ghastly manner, their jet black hair, long and straight, tied up in a knot over the left ear with a string of wampampegge; upon their foreheads a copper fish, armed with long bows and arrows," must have given the adventurers quite as severe a shock as they gave the frightened natives in "their great canoe as big as an island, with as many men as there be trees in the woods."

Here was the true and genuine Indian dear to the heart of the small boy, and as such may he be preserved to the

childish imagination along with his dear old Santa Claus, and not ruthlessly despoiled of his warpaint, feathers and arrows by his too practical instructors and presented in "an old plug hat, a modern rifle and any old clothes he can find," as I recently heard the Indian described to one of Thompson Seton's most ardent worshipers! The disillusioning of this imaginative little lad was pathetic, and even if we grown-ups are glad for the redman to go, let the small boy keep his Indian as his forefathers found him that first night when the woods were lit up with great beacon fires, against which the English could see him in council and on guard.

We are told that "the emperor soon lost his fear and went privately aboard the ship, where he was courteously entertained, and understanding we came in a peaceable manner bade us welcome and gave us leave to sit down in what place of his kingdom we pleased."

While this king was aboard, "all the Indians came to the water side, fearing treason, whereupon two of the king's men that attended him in our shippe were appointed to row on shore to quit them of this feare; but they refusing to go for fear of the popular fury, the interpreters standing on the deck shewed the king to them, that he was in safety, wherewith they were satisfied."—

At last they ventured to come aboard. "It was worth the hearing for those who understood them to hear what admiration at our ship, calling it a canow and wondering where so great a tree grew that made it, conceiving it to be made of one piece, as their canows are." Again we learn that " our great ordinance was a fearful thunder they had never heard before, all the country trembles at them." The fear of the Indian soon turned to love, and the