Frederick County (now Carroll County), Maryland, U.S..... lawyer, Author, & Amateur Poet
Genres..... Christian, Gospel
Music..... John Stafford Smith's music for the Anacreontic Society
August 1, 1779 – January 11, 1843 - During the rainy night, Key had witnessed the bombardment and observed that the fort's smaller "storm flag" continued to fly, but once the shell and Congreve rocket barrage had stopped, he would not know how the battle had turned out until dawn.
Francis Scott Key was born to Ann Phoebe Penn Dagworthy and Captain John Ross Key at the family plantation Terra Rubra in what was then part of Frederick County, now Carroll County, Maryland. His father was a lawyer, judge, and officer in the Continental Army. His great-grandparents on his father's side, Philip Key and Susanna Barton Gardiner, were both born in London and then immigrated to Maryland in 1726.
Key graduated from St. John's College, Annapolis, Maryland, and "read the law" under an uncle, Philip Barton Key. He married Mary Tayloe Lloyd on January 1, 1802.
Key was a leading attorney in Frederick, Maryland, and Washington, D.C. for many years, with an extensive real estate as well as trial practice. He and his family settled in Georgetown in 1805 or 1806, near the new national capital. There the young Key assisted his uncle, the prominent lawyer Philip Barton Key, such as in the sensational conspiracy trial of Aaron Burr and the expulsion of Senator John Smith of Ohio. He made the first of his many arguments before the United States Supreme Court in 1807. In 1808 he assisted President Thomas Jefferson's attorney general in United States v. Peters.
A supporter of Andrew Jackson, Key, in 1829 assisted in the prosecution of Tobias Watkins, former U.S. Treasury auditor under former President John Quincy Adams for misappropriating public monies. He also handled the Petticoat affair concerning Secretary of War John Eaton, who had married a widowed saloonkeeper. In 1832, he served as the attorney for Sam Houston, then a former U.S. Representative and Governor of Tennessee, during his trial for assaulting Representative William Stanbery of Ohio.
President Jackson nominated Key for United States Attorney for the District of Columbia in 1833. After the U.S. Senate approved the nomination, he served from 1833 to 1841, while also handling his own private legal cases. In 1835, in his most famous case, he prosecuted Richard Lawrence for his unsuccessful attempt to assassinate President Andrew Jackson at the entrance doors and top steps of the Capitol, the first attempt to kill an American chief executive.
Key purchased his first slave in 1800 or 1801 and owned six slaves in 1820. Mostly in the 1830s, Key manumitted (set free) seven slaves, one of whom (Clem Johnson) continued to work for him for wages as his farm's foreman, supervising several slaves.
Throughout his career Key also represented several slaves seeking their freedom in court (for free), as well as several masters seeking return of their runaway human property. Key, Judge William Leigh of Halifax, and bishop William Meade were administrators of the will of their friend John Randolph of Roanoke, who died without children and left a will directing his executors to free his more than four hundred slaves. Over the next decade, beginning in 1833, the administrators fought to enforce the will and provide the freed slaves land to support themselves.
Key publicly criticized slavery's cruelties, so much that after his death a newspaper editorial stated "So actively hostile was he to the peculiar institution that he was called 'The Nigger Lawyer' .... because he often volunteered to defend the downtrodden sons and daughters of Africa. Mr. Key convinced me that slavery was wrong—radically wrong."
Key was a founding member and active leader of the American Colonization Society and its predecessor, the influential Maryland branch, the primary goal of which was to send free African-Americans back to Africa. However, he was removed from the board in 1833 as its policies shifted toward abolitionist.
A slave-owner himself, Key used his position as U.S. Attorney to suppress abolitionists. In 1833, he secured a grand jury indictment against Benjamin Lundy, editor of the anti-slavery publication, the Genius of Universal Emancipation, and his printer, William Greer, for libel after Lundy published an article that declared, "There is neither mercy nor justice for colored people in this district of Columbia". Lundy's article, Key said in the indictment, "was intended to injure, oppress, aggrieve, and vilify the good name, fame, credit & reputation of the Magistrates and constables" of Washington. Lundy left town rather than face trial; Greer was acquitted.
In August 1836, Key agreed to prosecute botanist and doctor Reuben Crandall, brother of controversial Connecticut school teacher Prudence Crandall, who had recently moved to the national capital. Key secured an indictment for "seditious libel" after two marshals (who operated as slave catchers in their off hours) found Crandall had a trunk full of anti-slavery publications in his Georgetown residence, five days after the Snow Riot, caused by rumors that a mentally ill slave had attempted to kill an elderly white woman. In an April 1837 trial that attracted nationwide attention, Key charged that Crandall's actions instigated slaves to rebel. Crandall's attorneys acknowledged he opposed slavery, but denied any intent or actions to encourage rebellion. Key, in his final address to the jury said:
"Are you willing, gentlemen, to abandon your country, to permit it to be taken from you, and occupied by the abolitionist, according to whose taste it is to associate and amalgamate with the negro? Or, gentlemen, on the other hand, are there laws in this community to defend you from the immediate abolitionist, who would open upon you the floodgates of such extensive wickedness and mischief?" a jury acquitted Crandall.
This defeat, as well as family tragedies in 1835, diminished Key's political ambition. He resigned as district attorney in 1840. He remained a staunch proponent of African colonization and a strong critic of the antislavery movement until his death.
On September 3, 1814, following the Burning of Washington and the Raid on Alexandria, Francis Scott Key and John Stuart Skinner set sail from Baltimore aboard the ship HMS Minden, flying a flag of truce on a mission approved by President James Madison. Their objective was to secure the exchange of prisoners, one of whom was Dr. William Beanes, the elderly and popular town physician of Upper Marlboro and a friend of Key's who had been captured in his home. Beanes was accused of aiding the arrest of British soldiers. Key and Skinner boarded the British flagship HMS Tonnant on September 7 and spoke with Major General Robert Ross and Vice Admiral Alexander Cochrane over dinner while the two officers discussed war plans. At first, Ross and Cochrane refused to release Beanes, but relented after Key and Skinner showed them letters written by wounded British prisoners praising Beanes and other Americans for their kind treatment.
Because Key and Skinner had heard details of the plans for the attack on Baltimore, they were held captive until after the battle, first aboard HMS Surprise and later back on HMS Minden. After the bombardment, certain British gunboats attempted to slip past the fort and effect a landing in a cove to the west of it, but they were turned away by fire from nearby Fort Covington, the city's last line of defense.
During the rainy night, Key had witnessed the bombardment and observed that the fort's smaller "storm flag" continued to fly, but once the shell and Congreve rocket barrage had stopped, he would not know how the battle had turned out until dawn. On the morning of September 14, the storm flag had been lowered and the larger flag had been raised.
During the bombardment, HMS Erebus provided the "rockets' red glare". HMS Meteor provided at least some of the "bombs bursting in air".
Key was inspired by the American victory and the sight of the large American flag flying triumphantly above the fort. This flag, with fifteen stars and fifteen stripes, had been made by Mary Young Pickersgill together with other workers in her home on Baltimore's Pratt Street. The flag later came to be known as the Star-Spangled Banner and is today on display in the National Museum of American History, a treasure of the Smithsonian Institution. It was restored in 1914 by Amelia Fowler, and again in 1998 as part of an ongoing conservation program.
Aboard the ship the next day, Key wrote a poem on the back of a letter he had kept in his pocket. At twilight on September 16, he and Skinner were released in Baltimore. He completed the poem at the Indian Queen Hotel, where he was staying, and titled it "Defence of Fort M'Henry".
Much of the idea of the poem, including the flag imagery and some of the wording, is derived from an earlier song by Key, also set to the tune of "The Anacreontic Song". The song, known as "When the Warrior Returns", was written in honor of Stephen Decatur and Charles Stewart on their return from the First Barbary War.
According to the historian Robin Blackburn, the words "the hireling and slave" allude to the fact that the British attackers had many ex-slaves in their ranks, who had been promised liberty and demanded to be placed in the battle line "where they might expect to meet their former masters."
Key gave the poem to his brother-in-law Judge Joseph H. Nicholson who saw that the words fit the popular melody "The Anacreontic Song", by English composer John Stafford Smith. This was the official song of the Anacreontic Society, an 18th-century gentleman's club of amateur musicians in London. Nicholson took the poem to a printer in Baltimore, who anonymously made the first known broadside printing on September 17; of these, two known copies survive.
On September 20, both the Baltimore Patriot and The American printed the song, with the note "Tune: Anacreon in Heaven". The song quickly became popular, with seventeen newspapers from Georgia to New Hampshire printing it. Soon after, Thomas Carr of the Carr Music Store in Baltimore published the words and music together under the title "The Star Spangled Banner", although it was originally called "Defence of Fort M'Henry". The song's popularity increased, and its first public performance took place in October, when Baltimore actor Ferdinand Durang sang it at Captain McCauley's tavern. Washington Irving, then editor of The Analectic Magazine in Philadelphia, reprinted the song in November 1814.
By the early 20th century, there were various versions of the song in popular use. Seeking a singular, standard version, President Woodrow Wilson tasked the U.S. Bureau of Education with providing that official version. In response, the Bureau enlisted the help of five musicians to agree upon an arrangement. Those musicians were Walter Damrosch, Will Earhart, Arnold J. Gantvoort, Oscar Sonneck and John Philip Sousa. The standardized version that was voted upon by these five musicians premiered at Carnegie Hall on December 5, 1917, in a program that included Edward Elgar's Carillon and Gabriel Pierné's The Children's Crusade. The concert was put on by the Oratorio Society of New York and conducted by Walter Damrosch. An official handwritten version of the final votes of these five men has been found and shows all five men's votes tallied, measure by measure.
The Italian opera composer Giacomo Puccini used an extract of the melody in writing the aria "Dovunque al mondo..." in 1904 for his work Madama Butterfly
The song gained popularity throughout the 19th century and bands played it during public events, such as July 4th celebrations. On July 27, 1889, Secretary of the Navy Benjamin F. Tracy signed General Order #374, making "The Star-Spangled Banner" the official tune to be played at the raising of the flag.
In 1916, President Woodrow Wilson ordered that "The Star-Spangled Banner" be played at military and other appropriate occasions. The playing of the song two years later during the seventh-inning stretch of Game One of the 1918 World Series, and thereafter during each game of the series is often cited as the first instance that the anthem was played at a baseball game, though evidence shows that the "Star-Spangled Banner" was performed as early as 1897 at opening day ceremonies in Philadelphia and then more regularly at the Polo Grounds in New York City beginning in 1898. In any case, the tradition of performing the national anthem before every baseball game began in World War II.
On April 10, 1918, John Charles Linthicum, U.S. Congressman from Maryland, introduced a bill to officially recognize "The Star-Spangled Banner" as the national anthem. The bill did not pass.
On April 15, 1929, Linthicum introduced the bill again, his sixth time doing so.
On November 3, 1929, Robert Ripley drew a panel in his syndicated cartoon, Ripley's Believe it or Not!, saying "Believe It or Not, America has no national anthem".
In 1930, Veterans of Foreign Wars started a petition for the United States to officially recognize "The Star-Spangled Banner" as the national anthem. Five million people signed the petition. The petition was presented to the United States House Committee on the Judiciary on January 31, 1930. On the same day, Elsie Jorss-Reilley and Grace Evelyn Boudlin sang the song to the Committee to refute the perception that it was too high pitched for a typical person to sing. The Committee voted in favor of sending the bill to the House floor for a vote. The House of Representatives passed the bill later that year.
The Senate passed the bill on March 3, 1931.
O. say can you see, by the dawn's early light,
What so proudly we hailed at the twilight's last gleaming,
Whose broad stripes and bright stars through the perilous fight,
O'er the ramparts we watched, were so gallantly streaming?
And the rockets' red glare, the bombs bursting in air,
Gave proof through the night that our flag was still there;
O. say does that star-spangled banner yet wave
O'er the land of the free and the home of the brave?
On the shore dimly seen through the mists of the deep,
Where the foe's haughty host in dread silence reposes,
What is that which the breeze, o'er the towering steep,
As it fitfully blows, half conceals, half discloses?
Now it catches the gleam of the morning's first beam,
In full glory reflected now shines in the stream:
'Tis the star-spangled banner, O. long may it wave
O'er the land of the free and the home of the brave.
And where is that band who so vauntingly swore
That the havoc of war and the battle's confusion,
A home and a country, should leave us no more?
Their blood has washed out their foul footsteps' pollution.
No refuge could save the hireling and slave
From the terror of flight, or the gloom of the grave:
And the star-spangled banner in triumph doth wave,
O'er the land of the free and the home of the brave.
O. thus be it ever, when freemen shall stand
Between their loved homes and the war's desolation.
Blest with vict'ry and peace, may the Heav'n rescued land
Praise the Power that hath made and preserved us a nation!
Then conquer we must, when our cause it is just,
And this be our motto: 'In God is our trust.'
And the star-spangled banner in triumph shall wave
O'er the land of the free and the home of the brave!
In indignation over the start of the American Civil War, Oliver Wendell Holmes, Sr. added a fifth stanza to the song in 1861, which appeared in songbooks of the era.
When our land is illumined with Liberty's smile,
If a foe from within strike a blow at her glory,
Down, down with the traitor that dares to defile
The flag of her stars and the page of her story!
By the millions unchained who our birthright have gained,
We will keep her bright blazon forever unstained!
And the Star-Spangled Banner in triumph shall wave
While the land of the free is the home of the brave.
In a version hand-written by Francis Scott Key in 1840, the third line reads "Whose bright stars and broad stripes, through the clouds of the fight".
The 200th anniversary of the "Star-Spangled Banner" occurred in 2014 with various special events occurring throughout the United States. A particularly significant celebration occurred during the week of September 10–16 in and around Baltimore, Maryland. Highlights included playing of a new arrangement of the anthem arranged by John Williams and participation of President Obama on Defender's Day, September 12, 2014, at Fort McHenry. In addition, the anthem bicentennial included a youth music celebration including the presentation of the National Anthem Bicentennial Youth Challenge winning composition written by Noah Altshuler.
The first popular music performance of the anthem heard by mainstream America was by Puerto Rican singer and guitarist José Feliciano. He created a nationwide uproar when he strummed a slow, blues-style rendition of the song at Tiger Stadium in Detroit. This rendition started contemporary "Star-Spangled Banner" controversies. The response from many in Vietnam-era America was generally negative. Despite the controversy, Feliciano's performance opened the door for the countless interpretations of the "Star-Spangled Banner" heard in the years since.
In March 2005, a government-sponsored program, the National Anthem Project, was launched after a Harris Interactive poll showed many adults knew neither the lyrics nor the history of the anthem.
United States Code, 36 U.S.C. § 301, states that during a rendition of the national anthem, when the flag is displayed, all present except those in uniform should stand at attention facing the flag with the right hand over the heart; Members of the Armed Forces and veterans who are present and not in uniform may render the military salute; men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart; and individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note; and when the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed. Military law requires all vehicles on the installation to stop when the song is played and all individuals outside to stand at attention and face the direction of the music and either salute, in uniform, or place the right hand over the heart, if out of uniform. A law passed in 2008 allows military veterans to salute out of uniform, as well.
However, this statutory suggestion does not have any penalty associated with violations. 36 U.S.C. § 301 This behavioral requirement for the national anthem is subject to the same First Amendment controversies that surround the Pledge of Allegiance.