Chapter V: Preface (3)

No member of the Continental Congress had studied more closely and comprehended more clearly finance and political economy than Judge Sherman. His mind was moulded in system, his plans were judicious, and his habits frugal. He was a practical man and conversant with every department of government. He was an efficient member of the board of war, ordnance, and the treasury. In short, he was placed on the most important committees during the long and bloody struggle of the revolution. His plans for replenishing the treasury, regulating expenditures, and disbursing moneys, were based on rules of economy and frugality, corresponding with the emergency of the times. Fraudulent contractors shrunk before his penetrating scrutiny; speculations upon government were often paralyzed by his torpedo touch; and he guarded, with an eagle eye and a father’s care, the interests of the young republic.

In the estimation of Washington, the members of Congress, and of the nation, the talents of Roger Sherman, for sterling integrity and substantial usefulness, were second to none among the bright constellations that illuminated the memorable era of ’76. In those days the ladder of fame was firmly based on honest merit and modest worth. It required no stump speeches or bar-room harangues to gain popular favour. The tree was judged by its fruit; _principles_ and not _men_, were the political land marks. It was also a time of labour. Inglorious ease was not known in the legislative halls; long written speeches were not read to the speaker and walls of the house: the business of the nation was the order of the day; that business was done faithfully, promptly, and effectually. Posts of honour were then posts of duty; profit was out of the question. The motives and actions of the revolutionary sages and heroes were not based on the seven principles of five loaves and two fishes, but on love of country, social order, and human rights.

By the citizens of his own state the virtues and talents of Mr. Sherman were held in high estimation. In addition to his congressional honours, they continued him a member of council during the war. In 1784, when New Haven received a city charter, he was elected mayor, filling the office with dignity and usefulness to the close of his life, when not absent on more important public duties.

At the termination of the war, he, in conjunction with Judge Law, was appointed to revise the judicial code of Connecticut, which duty was performed with great ability, and to the satisfaction of all concerned. He was a member of the general convention that framed the federal constitution. From a manuscript found amongst his papers, it appears that this instrument of union received many of its original features from Mr. Sherman. To his conceptive mind and practical wisdom, we are much indebted for the towering greatness and unparalleled prosperity we so eminently enjoy, and which will endure so long as we are faithful to ourselves. With all the local and conflicting interests of the colonies spread open to his view, he was enabled to exercise a salutary influence in reconciling difficulties between the members, that, for a time, threatened to hurl back the elements of government into original chaos, and prostrate the fair fabric of liberty.

By examining the profound discussions, the variety of opinions, the multifarious interests, the intense anxiety, the agony of soul, and sacrifices of private views that characterized the formation of the federal constitution, we discover wisdom, discretion and patriotism of the purest, loftiest kind, shining in all the grandeur of bold relievo.

Based upon the declaration of rights, it forms a superstructure towering in sublimity above all others, radiating its heart-cheering influence over sixteen millions of freemen, revered at home, respected abroad, and without a rival in the annals of legislation.

Judge Sherman did much to remove the objections made against this important document by the people of his own and adjoining states. He showed them clearly, and convinced them fully, that to effect and perpetuate the union, private feeling and interest must yield to public policy and public good; and that each state should strive to produce an equilibrium in the government of the whole. The wisdom of the sages who framed, and by their continued exertion and salutary influence effected the adoption of the Constitution of the United States, deserves our admiration quite as much as when they guided our nation through the storms of the revolution. It is often easier to acquire a particular object than to properly enjoy and preserve it.

Judge Sherman was elected a member of the first congress under the new government, and resigned his judicial station that he might take a seat in that body. His influence had great weight in the national legislature. His exertions to promote the interests of his country were unremitting. Traces of his magnanimity and prophetic policy are upon the journals, and in many of the early laws of our country.

Upon many subjects members differed, and, in some instances, much warmth and acrimony were exhibited. On such occasions, Mr. Sherman was peculiarly happy in his exertions to produce reconciliation. He was emphatically a peace maker.

At the expiration of his representative term, he was elected to the United States Senate, of which he was a member when he closed his useful career, and bade a long adieu, a final farewell, to earth and its toils. He died on the 23d of July, 1793, in the full enjoyment of that religion he had honoured and practised in all the changing scenes of his eventful pilgrimage. He had lived the life of a good man, his closing scene was calm, happy, and serene. He could triumph over death and the grave, reaching forward to receive the enduring prize of immortal glory. He could approach the dread tribunal of the great Jehovah, smiling and smiled upon; and enter into pure and unalloyed bliss, lasting as the rolling ages of eternity.

Thus closed the valuable and useful life of Roger Sherman. He had been a faithful public servant nearly forty years. He had participated in all the trying scenes of the revolution; he had seen his country burst into being, a nation of freemen. He had aided in effecting a consolidation of the government; he had seen the dawnings of prosperity. In all the important measures of the state of his adoption, and of the American nation, he had taken an active and important part, from the commencement of the French war to the time of his death.

As a Christian, he was esteemed by all denominations, for his consistent piety and liberal charity. With him, sectarianism was not religion; for him it had no charms. His philanthropy was as broad as creation; it reached from earth to Heaven. He made himself acquainted with the abstrusest branches of theology, and was an esteemed correspondent of several celebrated divines.

In the history of Roger Sherman, we behold one of nature’s fairest sheets of purest white, covered with all the sublime delineations that dignify a man, and assimilate him to his Creator. His life was crowned with unfading laurels, plucked from the rich soil of genuine worth and substantial merit. No ephemeral flowers decked his venerable brow. A chaplet of amaranthine roses surmounts his well-earned fame. The mementos of his examples are a rich boon to posterity, and, whilst religion and social order survive, the virtues of this great and good man will shine in all the majesty of light. His private character was as pure as his public career was illustrious. He buried none of his talents; he fulfilled the design of his creation.

By his example it is plainly demonstrated, that man is the architect of his own fortune. By industry and perseverance, with the aid of books, now accessible to all, young apprentices and mechanics may surmount the Alpine summit of science, and take their stations, with superior advantages, by the side of those who have become enervated within the walls of a college. No one in our land of intelligence is excusable for growing up under the dark shades of ignorance. The sun of science has risen, and all who will, may bask in its genial rays. The field of knowledge and path to glory are open to all. The means of acquiring information are far superior to those enjoyed by Sherman and Franklin. Let their bright and shining examples be imitated by Columbia’s sons, and our happy republic will live for centuries. Let ignorance, corruption, and fanaticism predominate, and the fair fabric of our freedom, reared by the valour, and cemented by the blood of the revolutionary patriots, will tremble, totter, and fall. Chaos will mount the car of discord, sound the dread clarion of death, and LIBERTY will expire amidst the smoking ruins of her own citadel. Remember that “knowledge is power,” wealth “the sinews of power,” and that honesty, virtue, and integrity are the regulators of them both. Remember that intrigue, fanaticism, and faction may prostrate, at one bold stroke, the fairest, noblest work of years.

EDWARD RUTLEDGE.

The thrilling subject of American Independence is ever welcome to the patriot and philanthropist. The annual celebration of the event is calculated to perpetuate a kindred feeling and a kindred love of liberty. The time _may_ arrive when the _day_ may not be celebrated, but to the end of time the _event_, and the names of those who achieved it, will be handed down on the historic page with pride and veneration. The names of the Signers of the Declaration, like those of the twelve Apostles, are surrounded by a wreath of glory unfading and untarnished. Among them we find that of EDWARD RUTLEDGE, who was born in Charleston, S. C., in November, 1749. His father, Dr. John Rutledge, was a native of Ireland, who married Sarah Hert, a lady of high accomplishments, piety and good sense. Edward lost his father at an early age, and, like those of many great and good men, his mind was moulded by his mother. After passing through the usual routine of an education, he commenced the study of law with an elder brother, who stood high at the Charleston bar. Whilst he stored his mind with Coke and Bacon, he paid great attention to elocution. In 1769 he went to England, became a student at the temple, made himself familiar with the practice of courts, with the rules of parliament, with the policy, designs and feelings of the British ministry, and cultivated an acquaintance with the celebrated orators and statesmen Chatham, Mansfield and others. In 1773, he returned, richly laden with stock for future use. He commenced a successful practice, uniting an expressive countenance, a good voice, a rich imagination, elegance of action, an honourable mind, and a good heart, with strong native talent, improved by superior advantages and untiring industry.

He soon acquired a merited eminence as a bold, discreet and able advocate. He was peculiarly happy in his exertions excited by the spur of the moment, a talent always useful to a lawyer, and eminently useful to a statesman during a revolutionary struggle. His lamp was always trimmed and burning, and with true Irish zeal and eloquence, he was always ready to enter the arena where duty called him. He had a warm heart for the weak and oppressed.

It was self-evident that talents like his were well calculated to promote the cause of emancipation, and Mr. Rutledge was among the first selected members to the continental congress in 1774. This alone was sufficient to place him on the list of imperishable fame; for none but men of superior merit, known fortitude, and of pure patriotism, were selected to represent their country’s rights and repel a monarch’s wrongs. Such a man was Edward Rutledge. With the ardour of an Emmet, he united great prudence and discretion. By his open frankness of expression he incurred the displeasure of the crown adherents, but imparted the holy flame of patriotism to the friends of liberty in a pre-eminent degree.

With all his ardour and zeal he was a friend to order and opposed to mobocracy. He acted from enlightened and liberal principles, aiming to build every superstructure on the firm basis of reason and justice. To this nobleness of design, conceived and adhered to by all of the signers of the declaration, may be attributed the lofty dignity that pervaded that august body. Revolution is a tornado where prudence seldom enters to neutralize its baneful effects; but when such men as those who constituted the first American congress in Philadelphia combine, men who could command the whirlwind of passion, and conduct the lightning of revenge by the silken cords of reason, and the steel rods of unbending patriotism to a desired and useful destination, revolution is stripped of its bane and is crowned with unfading glory. Such were the signers of the declaration—such was the American revolution. We find Mr. Rutledge associated with several important committees of the continental congress, and among them he was appointed with John Adams and Benjamin Franklin to meet Lord Howe, when he came clothed with authority to offer humiliating terms of peace. No three men could have been selected whose combined talents were better calculated to inspire awe and respect. They were received and treated with marked attention by his lordship, who became convinced, that under the direction of such spirits as these, the rebels would conquer or die. They detested his offers of pardon, for who had they injured? They disclaimed all right of the crown to their allegiance; it had been sacrificed at the shrine of an ambitious ministry. Freedom was their motto—Liberty their watchword, and their terms _Independence or death_. They had resolved “to do or die.”

As a sound, judicious and able statesman, Mr. Rutledge stood high; his brow was also decked by laurels in the field. He had long commanded a company in the ancient battalion of artillery. When the British landed at Port Royal in 1779, he led his company to the attack with the skill and courage of a veteran. At no battle during the revolution was more personal bravery displayed than at this, nor was the enemy, at any time, more chagrined at a total defeat by raw militia. It was a mystery to them to find in the same man, the statesman, the soldier and the hero. He was at a subsequent period elected colonel. During the investment of Charleston by the enemy in 1780, he was again in the field, but was unfortunately taken prisoner, sent to St. Augustine, and not exchanged for nearly a year. Before his return the dark clouds began to recede, and the horizon of liberty was slowly illuminated by the rays of hope.

He returned to his native state and aided in restoring the civil government that had been paralyzed by the cruel conquering arm of the crown. He was a member of the enraged assembly who met at Jacksonborough in 1782, and with his recent injuries and those of his friends bleeding fresh before him, he sanctioned the bill of pains and penalties, that, under other circumstances, would not have received his approval, and which, during the time it remained in force, he used every exertion to meliorate.

Among those who had been tortured by persecution was his venerable mother, who had been taken from her peaceful home in the country and confined in Charleston, then occupied by the British; a high compliment to her talents and patriotism, placing her on the list of fame with the matrons of Greece and Rome.

During the whole of the doubtful and protracted struggle of the revolution, Mr. Rutledge remained its steady and zealous advocate, and gave his best exertions in its behalf. After its termination, he again returned to the bosom of his friends and the labours of his profession. His private worth took deep root in the affections of the community, and he had the confidence and esteem of a large circle of acquaintances.

In organizing the new government of his native state, he acted a useful and consistent part. Many difficulties were to be overcome, many clashing local interests to be reconciled, and many measures and laws adopted, to restore an equilibrium in private and public concerns. A great commotion existed between debtors and creditors; specie was out of the question; the paper currency was nearly annihilated, and many who felt that they had shaken off the British yoke, were about to fall into the hands of relentless creditors, who, when prompted by avarice, are as destitute of mercy as the pirate is of compassion. Instances are on record in our own country, (I blush as I write,) where some of those very veterans who bled for our boasted freedom, have been incarcerated in a prison by the cold inquisitorial creditor, for sums so trifling that shame would hide its face to name them.

In this dilemma, Mr. Rutledge was among those who proposed and passed a law, making property a lawful tender for debts; a law purely republican, but so obnoxious to avarice, that most men, who are aristocrats just in proportion to the amount of wealth they acquire above the wants of life, oppose it.

He also favoured the instalment law, and used his best exertions to meliorate the condition of the poor as well as the rich, by the enactment of laws based upon humanity and justice. He took an active part in most of the legislation of the state, and when the federal constitution was presented for consideration, he was, taking it as a whole, its warm and zealous advocate. Purely republican in principle, he was always opposed to slavery, deeming it a national curse. He was untiring in his labour—emphatically a working man. Dr. Ramsay remarks of him, “For the good obtained and the evil prevented, his memory will be long respected by his countrymen.”

As I have before remarked, he was a friend to order and law, and when any measure was consummated by legislative action, or by any public functionary duly authorized to act, he delighted in seeing it fulfilled to the letter. Although he was in feeling with the French when difficulties arose between them and England, he reprobated strongly the conduct of M. Genet and the French Directory. He was not a party man, but was always actuated by a sense of duty, and a pure desire for the prosperity of his country. His was the stern, unflinching moderation, calculated to awe a mob, paralyze a faction, and preserve, pure and undefiled, that lofty patriotism which commands esteem and respect.

In 1798 he was elected governor of his native state. Soon after, disease fastened its relentless hands upon him, and handed him over to the king of terrors in the mid career of his term. During the legislative session of 1800, his illness increased so rapidly that he felt an assurance that his dissolution was rapidly approaching, and was desirous of returning to Charleston, that he might yield up his breath where he first inhaled the atmosphere. The constitution required the presence of the governor during the sitting of the legislature, and so scrupulous was he to fulfil its letter, that he determined to remain unless both branches passed a resolution sanctioning his absence. The subject was submitted, but on some debate arising from the partisan feeling then prevalent, the application was immediately withdrawn, and he remained until the legislature adjourned. He was barely able to reach his home, when he laid down upon the bed of death and yielded to the only tyrant that could conquer his patriotic spirit, on the 23d of January, 1800. The same fortitude that had characterized his whole life, was strongly exhibited during his last illness, and did not forsake him in his dying hours. His loss was severely felt and deeply lamented by his mourning fellow-citizens. In the death of this good man, his native state lost one of its brightest ornaments, one of its noblest sons.

Governor Rutledge stood high as an orator. He appears to have understood well the machinery of human nature, and knew well when to address the _judgment_ and when the _passions_ of his audience. In exciting the sympathy of a jury, he had no equal at the Charleston bar. He also knew how, where, and when to be logical; and, what is all-important in every man, either in the public or private walks of life, he knew _how_, _when_, and _where_ to speak, and _what_ to say. His private worth and public services were highly honourable to himself, consoling to his friends and beneficial to his country. His usefulness only ended with his life; his fame is untarnished with error; his examples are worthy of imitation, and his life without a blank.

By his first wife, Harriet, daughter of Henry Middleton, one of his colleagues in congress, he had a son and daughter, the latter of whom remained in Charleston, the former, Major Henry M. Rutledge, became one of the pioneers of Tennessee. God grant that he may imitate the virtues of his venerable father, and fill the blank our country experienced in the death of the wise, the judicious, the benevolent, the philanthropic, the patriotic, and the high minded EDWARD RUTLEDGE.

THOMAS M’KEAN.

But few men have contributed more to fill the measure of the glory and prosperity of their country, than the subject of this brief sketch. He was a native of Chester county, Pennsylvania, and born on the 19th day of March, 1734. He was the son of William M’Kean, who immigrated from Ireland when quite young. He placed Thomas, at an early age, under the tuition of the Rev. Francis Allison, then principal of one of the most celebrated Seminaries of the Province, and a gentleman of profound science and erudition. The talents of Thomas soon budded and blossomed like the early rose of spring. His mind was moulded for close application to study; his proficiency was truly gratifying to his teachers and friends, and gave high promise of unusual attainments. He became a thorough linguist, a practical mathematician, and a moral philosopher. He was a faithful student, and left the seminary, a finished scholar and an accomplished gentleman, esteemed and respected by his numerous acquaintances.

He then commenced the study of law under David Kinney, Esquire, at New Castle, Delaware. He explored the vast field of this science with astonishing and unusual success, and was admitted to the bar under the most favourable auspices. He commenced practice at the same place, and soon acquired a lucrative business and a proud reputation. He extended his operations into the province of his nativity, and was admitted in the Supreme Court of Pennsylvania, in 1757. His strict attention to business and his superior legal acquirements, obtained for him an extensive and just celebrity. Although he had become the eloquent advocate and able lawyer, he was still a close and industrious student. He continued to add to his large stock of knowledge, with the same avidity and to greater advantage, than when he commenced his scientific career. He did not fall into the error that has prevented some lawyers of strong native talent from rising above mediocrity: _that when their practice begins their studies end_. This is a rock on which many have been shipwrecked in all the learned professions. The laws of nature demand a constant supply of food in the intellectual as well as in the physical world. The corroding rust of forgetfulness will mar the most brilliant acquirements, of literature, unless kept bright by use; and much study is requisite to keep pace with the march of mind and the ever varying changes in the field of science, constantly under the cultivation of the soaring intellect of man. It maybe said, that the grand basis of the law is as unchanging as the rock of adamant. To this I answer: its superstructure is an increasing labyrinth, and, unless the progress of the work is kept constantly in view, those who enter, strangers to its meanderings, will find themselves in a perplexing situation.

In 1762, Mr. M’Kean was elected a member of the Delaware assembly from New Castle county, and was continued in that station for eleven successive years, when he removed to the city of Philadelphia. So much attached to him were the people of that county, that they continued to elect him for six succeeding years after his removal, although he necessarily declined the honour of serving. He was claimed by Delaware and Pennsylvania as a favourite son of each, under the old regimen, and did, in fact, serve both after changing his residence, by being elected to the continental congress from the state of Delaware, being then Chief Justice of Pennsylvania, the former state claiming him, probably, because he still retained his mansion, furnished by himself, in New Castle, where his business frequently called him.

In 1779, he attempted to take final leave of his constituents in Delaware, and on that occasion, as a large meeting was convened for the purpose, made a most animating, patriotic and thrilling speech; portraying, in glowing colours, the bright prospects that were dawning upon the infant republic, and the certainty of being able to maintain the independence of the United States. After he retired, a committee waited upon him, with the novel request, that he would name seven gentlemen, suitable to be elected to the assembly. He desired them to report his thanks for the confidence they expressed in his judgment, and assured them there were not only _seven_ but _seventy_ then in the meeting, fully qualified to represent the people, and begged to be excused from _naming_ any gentlemen, lest he should give offence. A second time the committee called and insisted on the selection by him, with the full assurance that he would give no offence. He then named seven candidates, and had the gratification to learn that they were all elected. An unlimited confidence in his abilities and integrity, was strongly felt by his constituents, he continued to represent them in congress during the eventful period of the war.

In 1765, he was a member of the Congress of New York, sent from Delaware. He was one of the committee that drafted the memorable address to the House of Commons of Great Britain. His patriotism, love of liberty, and unbending firmness of purpose; were fully demonstrated in that instrument, as well as in the acts of his subsequent life. He was a republican to the core, and despised the chains of political slavery, the baubles of monarchy, and the trappings of a crown. He was for LIBERTY or death, and scorned to be a slave.

On his return, the same year, he was appointed judge of the court of common pleas, quarter sessions, and orphans’ court, of New Castle county. The stamp act was then in full _life_, but not in full _force_: Judge M’Kean directed the officers of the courts over which he presided not to use stamped paper, as had been ordered by the hirelings of the British ministers. He set their authority at utter defiance, and was the first Judge, in any of the colonies, who took this bold stand. That circumstance alone, trifling as it may now seem to some readers, was big with events, and was an important entering wedge to the revolution, and stamped his name, in bold relievo, on the tablet of enduring fame. He had talent to design and energy to execute. From that time forward, in all the leading measures of the struggle for liberty, he was among the leading patriots.

He was a prominent member of the congress of 1774, that convened at Philadelphia. From that time to the peace of 1783, he was a member of the continental congress, and the only one who served during the whole time. He was a strong advocate for the declaration of independence, and most willingly affixed his signature to that sacred instrument. When it came up for final action, so anxious was he that it should pass _unanimously_, that he sent an express after Cæsar Rodney, one of his colleagues, the other, Mr. Read, having manifested a disposition to vote against it. Mr. Rodney arrived on the 4th of July, just in time to give his vote in favour of the important measure, and thus secured its unanimous adoption. Notwithstanding the arduous duties that devolved on Mr. M’Kean, as member of congress, member of several committees, and chief justice of Pennsylvania, all of which he discharged satisfactorily—so ardent was his patriotism, so devoted was he to promote the cause he had nobly espoused, that he accepted a colonel’s commission, and was appointed to the command of a regiment of associators, raised in the city of Philadelphia, and marched to the support of Gen. Washington, with whom he remained until a supply of new recruits was raised. During his absence, his Delaware constituents had elected him a member of the convention to form a constitution. On his return he proceeded to New Castle, and, in a tavern, without premeditation or consulting men or books, he hastily penned the constitution that was adopted by the delegates. Understanding the wants and feelings of the people, well versed in law and the principles of republicanism, and a ready writer, he was enabled to perform, in a few hours, a work that, in modern times, requires the labours of an expensive assembly for nearly a year. How changed are men and things since the glorious era of ’76! How different the motives that now impel to action, and how different the amount of labour performed in the same time and for the same money. Then all were anxious to listen! now nearly all are anxious to speak. Then, legislators loved their country _more_, and the loaves and fishes _less_, than at the present day.

On the 10th of July, 1781, Judge M’Kean was elected president of congress, which honour he was compelled to decline, because his duties as chief justice of the Supreme Court of Pennsylvania would necessarily require his absence some part of the time during the session. He was then urged to occupy the chair until the first Monday of November, when the court was to commence. To this he assented, and presided until that time, with great credit to himself and to the satisfaction of the members of that august body. On his retiring from the chair, the following resolution was unanimously passed on the 7th of November, 1781:

“Resolved, That the thanks of congress be given to the Honourable Thomas M’Kean, late president of congress, in testimony of their approbation of his conduct in the chair, and in the execution of public business.”

His duties upon the bench of the Supreme Court of Pennsylvania, which commenced in 1777, were often of the most responsible and arduous character. He did not recognise the power of the crown, and held himself amenable, in the discharge of his official functions, only to his country and his God. An able jurist and an unyielding patriot, he punished, at the hazard of his own life, all who were brought before him and convicted of violating the laws of the _new_ dynasty. No threats could intimidate or influence reach him, when designed to divert him from the independent discharge of his duty. His profound legal acquirements, his ardent zeal, his equal justice, his vigorous energy and his noble patriotism, enabled him to outride every storm, and calm the raging billows that often surrounded him. He marched on triumphantly to the goal of LIBERTY, and hailed with joy the star spangled banner, as it waved in grandeur from the lofty spires of the temple of FREEDOM. He beheld, with the eye of a sage, a philosopher, and a philanthropist, the rising glory of Columbia’s new world. He viewed, with emotions of pleasing confidence, the American eagle descend from etherial regions, beyond the altitude of a tyrant’s breath, and pounce upon the British lion. With increasing vigour and redoubled fury, the mighty bird continued the awful conflict, until the king of beasts retreated to his lair, and proclaimed to a gazing and admiring world, AMERICA IS FREE!! Angels rejoiced, monarchs trembled, and patriots shouted aloud—AMEN!! The grand Rubicon was passed, the torch of England’s power over the colonies had expired in its socket, and the birth of a new nation was celebrated by happy millions, basking beneath the luminous rays and refulgent glories of LIBERTY and FREEDOM! The harvest was past, the summer ended, and our country saved. The mighty work of political regeneration was accomplished, the independence of the United States acknowledged, and an honourable peace consummated.

Judge M’Kean, in common with his fellow patriots, heroes and sages, then sat down under his own fig tree, to enjoy the full fruition of his long and faithful labours in the cause of equal rights. He continued to discharge the important duties of chief justice until 1799, illuminating his judicial path with profound learning, impartial decision, and sound discretion. His legal opinions, based as they generally are, upon the firm pillars of equal justice, strict equity, and correct law; given, as they were, when our form of government was changing, the laws unsettled, our state constitution but just formed, and the federal constitution bursting from embryo—are monuments of fame, enduring as social order, revered, respected, and canonized.

He was a member of the convention that formed the constitution of Pennsylvania adopted in 1790, and exercised an influence in that body that was of the most salutary kind. In 1799 he was elected governor of the key-stone state, and contributed largely in adding new strength and beauty to the grand arch of our union. For nine successive years he wielded the destinies of the land of Penn, commencing at a period when the mountain waves of party spirit were rolling over the United States with a fury before unknown. But amidst the foaming and conflicting elements, Governor M’Kean stood at the helm of state, calm as a summer morning, firm as a mountain of granite, and guided his noble ship through the raging storm, unscathed and unharmed. His annual messages to the legislature for elegance and force of language, correct and liberal views of policy, and a luminous exposition of law and rules of government, stand unrivalled and unsurpassed. The clamours of his political enemies he passed by as the idle wind; the suggestions of his friends he scanned with the most rigid scrutiny. Neither flattery or censure could drive him from the strong citadel of his own matured judgment. The good of his country and the glory of the American character, formed the grand basis of his actions.

The fawning sycophant and the brawling demagogue, he spurned with contempt. By honest means alone he desired the advancement of the party that had elevated him. Open and avowed principles, fully proclaimed and strictly carried out, were by him submitted to the people, frankly and cordially, without prevarication or disguise. He was a politician of the old school, when each party had plain and visible landmarks, distinctive names, and fixed principles. Political chemists had not then introduced the modern process of amalgamation, producing a heterogenous mass, that defies the power of analyzation, scientific arrangement, or classical separation.

Governor M’Kean respected those of his political opponents who opposed him from an honest difference of opinion, and numbered among them many personal friends. He was free from that narrow-minded policy, based upon self, that actuates too many of those of the present day, who assume the high responsibility of becoming the arbiters of the minds of their fellow men. His views were expansive and liberal, broad and charitable. He aimed at distributing equal justice to all, the rich and poor, the public officer and private citizen. He was free from that contracted selfishness that prefers present aggrandizement to future good. To lay deep the foundations of lasting and increasing prosperity for his own state and for our nation, was the object of this pure patriot, enlightened statesman, and able jurist. Her vast resources, her wide spread territory, her majestic rivers, her silvery lakes, her mineral mountains, her rich valleys, her rolling uplands, her beautiful prairies, her extensive seaboard, her enterprising sons and virtuous daughters, were arrayed before his gigantic mind, and passed him in grand review. He was firmly convinced that she had only to be wise and good to be great and happy. To this end he embraced every opportunity, both in public and private life, to inculcate, by precept and example, those great principles of moral rectitude, inflexible virtue, purity of motive, and nobleness of action, that alone can permanently preserve a nation. He cast a withering frown upon vice in all its borrowed and alluring forms, and exerted his strongest powers to arrest the bold career of crime and corruption. He was a terror to evil doers, and inspired confidence in those who did well. His administration was prosperous and enlightened, and when he closed his public duties, the bitterness of his political opponents was lost in the admiration of his patriotism, virtue, impartiality, consistency, and candour.

In 1808 he retired from the ponderous weight of public business, that he had so long and honourably borne. He had devoted a long life to the faithful service of his country, and was covered with laurels of imperishable fame. He stood approved at the bar of his own conscience, his country, and his God. He had acted well his part, and had contributed largely in raising the American character to a proud elevation among the nations of the earth. Thus highly stood Governor M’KEAN, when he bid a final adieu, a last farewell to the public arena, and retired to the peaceful city of Penn, to breathe his life out sweetly there. He outlived all the animosities that a faithful minister of the laws unavoidably creates for a time, and on the 24th of June, 1817, at his residence in Philadelphia, resigned his spirit to Him who gave it, and entered upon the untried scenes of a boundless eternity, to reap the rich reward of a life well spent.

His private character was beyond reproach, unsullied as the virgin sheet. His person was tall and erect, his countenance bold, intelligent, and commanding; his manners urbane, gentlemanly, and affable; his feelings noble, generous, and humane; and his conduct open, frank, and republican. He never shrunk from what he deemed duty, and was always actuated by a desire to promote the interest of the human family and the general good of mankind. He was a refined philanthropist, an acute philosopher, an enlightened statesman, an impartial judge, an able magistrate, and a truly great and good man.

PHILIP LIVINGSTON.

Men often engage in transactions and designs, that produce results in direct opposition to those anticipated. Thus, religious persecution scattered the primitive Christians into various parts of the earth, and, instead of annihilating the doctrines of the Cross, they were more widely spread and diffused through the world. For the enjoyment of the liberty of conscience, the emigrants to New England left their native homes; for the same reason, the Huguenots of France fled before the withering blasts of the revolution of the edict of Nantes in 1685, many of them settling in the city of New York. To the persecuted and oppressed, America was represented as a land of rest, and emigrants poured in upon our shores from France, Holland, Germany, England, Ireland, and Scotland; among whom were many eminent for piety, intelligence, and liberal principles. To the latter place, we trace the ancestor of the subject of this brief sketch. The great grandfather of Philip Livingston was an eminent divine in the church of Scotland, and, in 1663, emigrated to Rotterdam, a city of the Netherlands, in South Holland, where he died nine years after. His son Robert emigrated to America, and obtained a grant for the manor along the Hudson river, which is remarkable for the beauty of its location and the richness of its soil.

He had three sons, Philip, the father of the present subject, Robert, grandfather of Chancellor Livingston, and Gilbert, the grandfather of the Rev. Dr. John H. Livingston, who stood high as a scholar and divine. The subject of this memoir was his fourth son, born at Albany, 15th of January, 1716.

Mr. Livingston was among the few, who, in those days, received a college education. After his preparatory studies, he entered Yale College, and graduated in 1737. In common with most of the descendants of that celebrated family, he was blessed with strong native talent, which he improved by an excellent education. With principles firmly based on religion and moral rectitude, he was eminently prepared to commence a career of usefulness. In those days of republican simplicity, graduates from college, instead of riding rough shod over those whose literary advantages were less, believing themselves forever exonerated from the field, the shop, and the counting-house, thought it no disparagement to apply themselves to agricultural, mechanical, and commercial pursuits. Among them, we find Mr. Livingston extensively and successfully engaged in mercantile business, in the city of New York. Reposing full confidence in his integrity, which was then a necessary passport to public favour, his fellow citizens elected him to the office of Alderman in 1754, in which he continued during nine successive years, contributing largely to the peace and prosperity of the city. In 1759, he was a member of the colonial assembly, which had important duties to perform; Great Britain being at war with France, which brought the colonists in contact with the Canadian French and Indians. Twenty-thousand men were to be raised by the colonists to guard the frontier settlements, and, if practicable, to carry the war into the territory of the enemy.

The province of New York furnished 2680 men, and 250,000 pounds, to aid in the proposed object.

Mr. Livingston took an active and judicious part in these deliberations, and also introduced laws for the advancement of commerce, agriculture, and various improvements; manifesting a sound judgment and liberal views. He was an active member of the committee on foreign relations, who wisely selected the celebrated Edmund Burke, to represent their interests in the British parliament. From the lucid communications of Mr. Livingston, that celebrated statesman and friend to America, was made thoroughly acquainted with the situation, feelings, and interests of the colonists.

After the dissolution of the general assembly by the decease of George II., Mr. Livingston was again elected in 1761, a member of the one under the new dynasty. In 1764, he wrote an answer to the message of lieutenant-governor Colden, pointing out, in respectful, but bold and convincing language, the oppressions and infringements of the British ministry upon the rights of the Americans.

He soon became a nucleus, around which a band of patriots gathered, and eventually formed a nut too hard to be cracked by all the hammers of the crown. The consequence of the bold stand taken by many of the members, in defence of their dear bought privileges, was the sudden dissolution of the assembly by the governor, whenever he discovered a majority in favour of liberal principles.

In 1768, the assembly consisted of the brightest luminaries of talent then in the colony, who elevated Mr. Livingston to the honourable and distinguished station of Speaker. Discovering that a majority of the new assembly were unwilling to be slaves and tools, the governor, Sir Henry Moore, dissolved them, and ordered a new election. He succeeded in obtaining a majority of creatures like himself, but a sufficient number of whigs were elected to watch the interests of the people, and hold the minions of the crown in check and awe. Although Mr. Livingston, from disgust at the procedure of the governor and his adherents, had declined being a candidate in the city of New York, he was returned from the manor, and, on mature deliberation, took his seat as a member, although opposed, at first unsuccessfully, because he was not a resident of the district that elected him, in which predicament a large majority of the members were found involved: they therefore concluded not to run the risk of having their own glass houses broken, for the sake of demolishing that of Mr. Livingston. During this session, he offered a resolution setting forth the grievances of his countrymen, which gave great umbrage to the adherents of the crown. This determined them to expel him on the ground at first assumed, which was effected by a vote of 17 to 6; twenty-one of the twenty-four members being similarly situated, not residents of the districts they represented.

A wider field was now opened before him. He was elected to the first Congress at Philadelphia, and became a brilliant star in that enlightened and patriotic body. He was one of the committee that prepared the spirited address to the British nation, that roused from their lethargy those whose attention had not been called to the all-important subjects then in agitation, involving a nation’s rights and a nation’s wrongs.

He was continued a member of Congress, and, when the grand birthday of our independence arrived, Mr. Livingston aided in the thrilling duties of the occasion, invoked the smiles of Heaven upon the new born infant, and gave the sanction of his name to the magna charta that secured to it a towering majesty and grandeur before unknown.

He was also a member of the association that recommended and adopted a non-intercourse with the mother country; president of the provincial Congress assembled at New York, to devise measures for their protection, and was one of those who framed the Constitution of his native State, which was adopted in 1777. Under that he was chosen a Senator, and attended the first session of the legislature of the empire State. The same year he was elected to Congress, then in session at York, Pennsylvania, having retired before their conquering foe. Deeply afflicted with a hydro-thorax, (dropsy of the chest,) he felt that his mortal career was fast drawing to a close. It was in the Spring of 1778, when the dark mantle of gloom and misfortune hung over the bleeding colonies.

Under these circumstances, he was willing to devote his last expiring breath, as he had much of his estate, to the service of his beloved country. He addressed a valedictory letter to his friends at Albany, bade them a last farewell, urged them to remain firm in the cause of liberty, and trust in God for deliverance; clasped his lovely wife and children to his bosom, commended them to Heaven for protection, and looked upon them with a heart full of tenderness for the last time on this side of eternity. They were then at Kingston, where they had fled for safety and protection from a brutal soldiery.

On the 5th of May he took his seat in Congress, and, on the 12th of June, he yielded to the only monarch that could subdue his patriotic heart—relentless death. He was buried the same day under all the mournful honours due to his great worth and merit, deeply lamented by every friend to the American cause. Although he was deprived of the kind offices of his own family in his last moments, he had a friend who had been his stay and support in every hour of trial, and now smoothed the pillow of death. Religion had been his companion through life; in the hour of dissolution, it was his support; angels waited for the transit of his immortal soul; Heaven opened wide its gates to let the patriot in; the king of glory decked him with laurels of bliss; enrolled his name on the book of life; and crowned him with that peaceful rest which is the reward of a pure heart and a virtuous life.

His private character was a continued eulogy upon virtue, philanthropy, benevolence, urbanity, integrity, nobleness, honesty, patriotism, consistency, and all the leading qualities that render man dignified on earth, and fit for Heaven.

GEORGE WYTHE.

The name of every patriot who aided in gaining the liberty we now so permanently enjoy, is remembered and repeated with veneration and respect. A particular regard is felt for those whose names are enrolled on that bold and noble production, the Declaration of Independence. Their names, with many others who espoused the cause of freedom, will glide down the stream of time on the gentle waves of admiration and gratitude, until merged in the ocean of eternity. This single act has placed them on the list of immortal fame.

Among them was GEORGE WYTHE, a native of Elizabeth city in Virginia, born in 1728, of respectable parents. His father was a thriving farmer, and his mother a woman of unusual worth, talents and learning. His school education was limited, and, like Washington, Lafayette, and a large proportion of great men, he was indebted to his mother for the most of his learning and the early impressions of noble and correct principles.

From her he acquired the Latin and Greek languages; by her he was led to the pure fountains of science, and to her he was indebted for the formation of his youthful mind.

Unfortunately for him death snatched away, nearly at the same time, both his parents, leaving him still in his minority without a hand to guide or a voice to warn him against the allurements of pleasure and the seductions of vice.

His father left him a fortune, which, by prudence and frugality, was sufficient to render his circumstances easy and comfortable. But like too many _only_ sons, his father had not inured him to business habits; he was soon led astray—he was captivated by amusements—and from that time until the age of thirty, his time was spent in pursuit of the phantoms of pleasurable diversions, and in idle company, neglecting both study and business.

Like the prodigal, he then came to himself—returned to the paths of virtue, studied the profession of the law, was admitted to the bar, and soon became one of its brightest luminaries—one of its most eminent members. During the remainder of his life, he pursued the paths of wisdom most scrupulously, and showed to his friends and the world that a young man, although led astray by the prowling wolves of vice, _can_ burst the chains that bind him—redeem his character—correct his habits—and become a useful and virtuous member of society. So did George Wythe; go thou and do likewise. He felt most keenly, regretted most sincerely, but redeemed most nobly the misspent time of his younger days. If this should chance to meet the eyes of any man under similar circumstances, let me say to him—imitate the striking example of George Wythe. Perhaps no man ever maintained the professional dignity of the bar better than him, or was more highly esteemed by his most intimate acquaintances. He was scrupulously honest, and would never proceed in a case until convinced justice required his services. If, by any deception, a client induced him to embark in a suit that he subsequently discovered was unjust, he refunded his fee, and abandoned his cause.

His virtuous habits, extreme fidelity, judicial acquirements, and extensive knowledge, gained for him public confidence and esteem. He was for a long time a member of the House of Burgesses, and under the new government he received the appointment of Chancellor of Virginia, which office he filled with honour to himself and usefulness to his native state until the day of his death. As a legislator he was highly esteemed for talent, integrity and independence. He was not the tool of party, he stood upon his own bottom, and depended upon his own judgment. In 1764, on the 14th of November, he was appointed a member of the committee to prepare a petition to the King, a memorial to the House of Lords, and a remonstrance to the House of Commons on the impropriety and injustice of the proposed stamp act.

The remonstrance was from the able pen of Mr. Wythe, and was drawn in language so bold and strong, that it alarmed many of his colleagues, and underwent considerable modification to divest it of what they deemed a tincture of treason. He understood and properly appreciated the true dignity of man, and was not born to succumb or quail beneath the tyranny of a haughty monarch or an aspiring ministry. He was a prominent and active member of the House of Burgesses in 1768, when Virginia blood and Virginia patriotism were roused, and passed the memorable resolutions asserting their exclusive right to levy their own taxes; accused ministers and parliament of violating the British constitution; and denied the right of the crown to transport and try persons in England for crimes committed in the colonies.

In passing these resolutions parliamentary rules were dispensed with—they went through with the onward course of an avalanche, the members anticipating the proroguing power of the governor, who, on hearing of their tenor, immediately dissolved the house. But he was half an hour too late, they had passed their final reading and were entered upon the records, and beyond his power to veto or expunge.

This step of the governor was unfavourable to the interests of the crown, and the people proudly and boldly returned all the old _patriotic_ members to the next session, with several new ones of the same stamp. During the recess, the love of liberty and liberal principles had increased in their bosoms, and they had imparted the same sentiments to their constituents.

Among the new members was Thomas Jefferson, who had been the pupil of Mr. Wythe—had imbibed his principles, and now stood forth a bold and prominent champion of liberty and equal rights.