OF 
 
 THE UNIVERSITY 
 OF 
 
 PRESENTED BY 
 
 PROBSBIAtLES A. K6E6TD AND 
 MRS.f RUDE^B W. 
 
X 
 
TOKO. ATR ATITCW IP II 
 
 PRIN V 
 
 1838- 
 
 
BIOGRAPHY 
 
 OF THE SIGNERS TO THE 
 
 DECLARATION OF INDEPENDENCE, 
 
 SECOND EDITION, 
 REVISED, IMPROVED, AND ENLARGED. 
 
 VOLUME IV. 
 
 PHILADELPHIA? 
 WILLIAM BROWN AND CHARLES PETERS, 
 
 1828. 
 

 
 
 Eastern District of Pennsylvania, to wit: 
 
 ********* BE IT REMEMBERED, That on the 12th day of July, in the 
 
 | L. S. t fifty -third year of the Independence of the United States of 
 
 3:**i****! America, A. D. 1828, William Brown and Charles Peters, of the 
 
 said District, have deposited in this Office the title of a Book, the right 
 
 whereof they claim as proprietors, in the words following, to wit: 
 
 " Biography of the Signers to the Declaration of Independence. 
 Second Edition, Revised, Improved, and Enlarged. In five 
 Volumes." 
 
 In conformity to the act of the Congress of the United States, entitled "An 
 act for the encouragement of learning, by securing the copies of maps, charts, 
 and books, to the authors and proprietors of such copies, during the times 
 therein mentioned/ And also to the act, entitled "An act supplementary 
 to an act, entitled * An act for the encouragement of learning, by securing 
 the copies of maps, charts, and books, to the authors and proprietors of 
 such copies, during the times therein mentioned/ and extending the benefits 
 thereof to the arts of designing, engraving, and etching historical and other 
 prints.* 
 
 D. CALDWELL, 
 Clerk of the Eastern District of Pennsylvania. 
 
f.-f- 
 
 CONTENTS OF VOLUME IV. 
 
 Page 
 
 THOMAS M KEAN, - 1 
 
 SAMUEL CHASE, 63 
 
 WILLIAM PACA, - 109 
 
 THOMAS STONE, 129 
 
 CHARLES CARROLL, - 151 
 
 GEORGE WTTHE, - 171 
 
 RICHARD HENRY LEE, - - 189 
 
 THOMAS JEFFERSON, - 245 
 

K |.;T;IV<-<| hv .1. I). J.oiivv.-u iv iVoin (lie l < irl \-;\ il bv C>. Si ir.irV. 
 
THOMAS M KEAN. 
 
 THE lives of most men pass away unobserved, unheeded 
 and unknown, out of the particular family circle to which 
 they are attached. They spring into existence, and sink 
 into the grave, amid the general mass of perishable matter, 
 without seeking to separate themselves from it, or to be dis 
 tinguished, by a distinct course, from the cradle to the tomb. 
 Those who emerge from this general obscurity, and become 
 eminent for their talents and virtues, are characters pecu 
 liarly adapted for the delineation of the historical pencil, be 
 cause their example may prove useful to others. 
 
 Few of the splendid luminaries which have adorned the 
 political firmament of the republic, possess stronger claims 
 to this distinction than THOMAS M KEAX. Living in tur 
 bulent and tempestuous times, beset with trials and difficul 
 ties, frequently assailed by the ambition, the envy, and the 
 malice, of powerful individuals, and the flattery or hatred of 
 different parties, he served in public stations of government 
 for the long term of fifty years, during which, he uniformly 
 retained his fortitude and integrity, and the well-merited 
 confidence of his fellow citizens. 
 
 THOMAS M KEAN was born on the nineteenth of March, 
 1734, in the township of New London, county of Chester, 
 VOL. IV. A 
 
2 M KEAN. 
 
 and the province of Pennsylvania. His father, William 
 M Kean, was a native of Ireland, and was united in marriage, 
 in this country, to Lsetitia Finney, of the same nation. 
 They had four children, Robert, Thomas, Dorothea, and 
 William. 
 
 After the customary elementary education in reading, writ 
 ing, and arithmetic, the two eldest sons were placed under 
 the tuition of the reverend Francis Allison, D. D., a man 
 who, for more than forty years, supported the ministerial cha 
 racter with dignity and reputation, and to whom America is 
 greatly indebted for that diffusion of light and knowledge, 
 and that spirit of liberty and inquiry which has placed many 
 of her sons upon a level with those of the oldest nations of 
 Europe. Thomas was, at this time, nine years of age. 
 When he had completed the regular course of instruction 
 adopted in the celebrated institution of Dr. Allison, and ac 
 quired a sound knowledge of the languages, of the practical 
 branches of the mathematics, rhetoric, logic, and moral phi 
 losophy, he went to Newcastle, in Delaware, and entered 
 the office of his relative, David Finney, as a student at law. 
 Some months afterwards, lie engaged as a clerk to the pro- 
 thonotary of the court of common pleas ; a situation which 
 enabled him to learn the practice, while he was studying the 
 theory of the law. In about two years from this time, his 
 assiduity and good conduct procured him the appointment of 
 deputy prothonotary, and register for the probate of wills, &c. 
 for the county of Newcastle, which he retained until he 
 was twenty years of age : the whole duties of the office ne 
 cessarily devolved on him, as his principal resided on his 
 estate in the county of Sussex, nearly eighty miles from New-* 
 castle. 
 
 So great was the reputation that Mr. M Kean acquired, 
 even in youth, by his industry and talents, that, before he 
 
JVFKEAN. 3 
 
 had attained the age of twenty-one years, he was admitted 
 an attorney at law in the courts of common pleas for the 
 counties of Newcastle, Kent, and Sussex, and also in the 
 supreme court. Before the expiration of a year, he obtained 
 a considerable share of business ; and, in 1756, was admit 
 ted to practise in the court of his native county of Chester, 
 and soon afterwards, in the city and county of Philadelphia. 
 In 1756, the attorney general, who resided in Philadelphia, 
 appointed him, not only without any solicitation, but with 
 out any previous knowledge on his part, his deputy to pro 
 secute the pleas of the crown in the county of Sussex : he re- 
 signed this office, after having for two years performed its 
 duties with judgment and ability. In 1757, he was admitted to 
 the bar of the supreme court of the province of Pennsylvania. 
 The envy which the success of the young lawyer occasioned 
 among some of his professional brethren, served merely as 
 an additional spur to his industry, and increased his assidui 
 ty in the pursuit of legal knowledge. In the same year, he 
 was elected clerk of the house of assembly, an honour of 
 which he was unapprised until he received information of his 
 appointment from Benjamin Chew, at that time speaker: 
 in 1758, he was again appointed to the same station, but af 
 ter that period, he declined a re-election. In 1762, he was 
 selected by the legislature, together with Caesar Rodney, 
 to revise and print the laws passed subsequently to the 
 year 1752, a duty which they speedily and satisfactorily exe 
 cuted. 
 
 In the same year, Mr. M Kean first embarked on the 
 stormy sea of politics, which he afterwards braved for near 
 ly half a century. In October, 1762, he was elected a mem 
 ber of the assembly from the county of Newcastle, and was 
 annually returned for seventeen successive years, although, 
 dur ng the last six years of that period, he resided in Phila- 
 
4 M KEAN. 
 
 delphia, and had frequently, through the medium of the puhilc 
 papers, communicated to his constituents his desire to decline 
 the honour of a re-election. At length, on the first of October, 
 1779, on the day of the general election in Delaware, he attend 
 ed at Newcastle, where he addressed his constituents in a long 
 and eloquent speech, embracing a summary view of the situ 
 ation and prospects of the United States, the aspect of the 
 war, and the wisdom and perseverance of the national coun 
 cils: he concluded by assigning satisfactory reasons for declin 
 ing to be considered one of the candidates for the state legisla 
 ture. Mr. M Kean now received an honourable and interest 
 ing evidence of the confidence reposed in him by his fellow citi 
 zens. Soon after he had withdrawn, a committee of six gentle 
 men waited on him, in the name of the electors, and informed 
 him that they would unwillingly dispense with his services 
 in the assembly, but requested that, as the times were criti 
 cal, and they could perfectly rely on his judgment, he would 
 recommend seven persons in whom they might confide as re 
 presentatives for that county. This novel mode of exhibit 
 ing their confidence, unavoidably excited some surprise, 
 while it placed Mr. M Kean in a very delicate situation. He 
 immediately replied, that although the compliment was of 
 the most flattering kind, he entreated the committee to make 
 known to the electors his grateful acknowledgment of the 
 honour intended him, but as he knew not only seven, but se 
 venty of the gentlemen then present at the election, whom he 
 considered worthy of their votes, he felt assured that they 
 would not, on reflection, expose him to the hazard of giving 
 offence to any of his friends, by the preference which he 
 must necessarily show, in complying with their request. 
 After hearing this reply, the committee retired ; but soon 
 after returned, and stated that the electors, after taking his 
 objections into consideration, had unanimously resolved to 
 
M KEAN. 5 
 
 eiterate their request, accompanied by the assurance that 
 the compliance, so far from offending any individual what 
 ever, would be considered as an additional favour conferred 
 on the county. Mr, M Kean, accordingly, but with great 
 reluctance, wrote down seven names, which he delivered to 
 the committee, with the observation, that this act would at 
 least evidence a reciprocity of confidence between them. The 
 election resulted in the choice of the seven gentlemen whom 
 he had thus named, the lowest on the ballot not wanting two 
 hundred votes of all the electors present, who amounted to 
 more than eighteen hundred. 
 
 Parties will exist in all popular governments. At the pe 
 riod when Mr. M Kean first appeared in public life, Dela 
 ware was divided into two parties, designated by the names 
 of court, and country. The leading members of the former 
 were the governor, the officers of government, and expectants 
 of office; the latter, of which Mr. M Kean was a distin 
 guished member, was composed of those who desired an in 
 dependent judiciary, and impartial laws. The judges, ma 
 gistrates, and every other officer in the province, held their 
 commissions during the pleasure of the governor, or of some 
 of his favourites. Hence, w T hen a practising lawyer, as was 
 generally the case, enjoyed this enviable situation, the judges 
 of all the courts were evidently under an undue influence, and 
 justice was frequently perverted. 
 
 In 1764, he was appointed, by an act of the legislature, 
 one of the three trustees of the loan office for Newcastle 
 county, for four years ; which trust was renewed in the years 
 1768, and 1772. This species of loan was one of the most 
 happy expedients for the encouragement of industrious set- 
 tiers in a new country, and for the improvement of lands, 
 that was ever invented. 
 
6 Al KEAN. 
 
 After the conclusion of the war between Great Britain and 
 France, in 1763, parliament made a grant of many thousand 
 pounds sterling for the relief of the several colonies which 
 had honourably exerted themselves during the conflict : and 
 yet, in less than two years after the peace of Paris, the fa 
 mous stamp act was passed, which, had it gone into operation, 
 would not only have annually extorted an immense sum from 
 the colonists, hut subjected their property to the absolute dis 
 posal of men over whom they had no control, and who be 
 nefited themselves in proportion to the amount of taxes thus 
 arbitrarily imposed on their fellow subjects in America. To 
 avert, if possible, the impending evil, the assembly of Mas 
 sachusetts Bay proposed to the legislative assemblies of the 
 other colonies, to appoint delegates to a general congress, to 
 consult together on the existing circumstances of the colonies; 
 to consider of a general and united, dutiful, loyal, and hum 
 ble, representation of their condition, to his majesty, arid to 
 the parliament; and to implore relief from the difficulties 
 necessarily arising from the operation of the acts for levying 
 duties and taxes on the colonies. This illustrious body, of 
 which Mr. M*Kean was a member from the counties of New 
 castle, Kent, and Sussex, on Delaware, assembled at New 
 York, in October, 1765. Their proceedings discover a spirit 
 of decision and firmness, totally irreconcilable with a state 
 of servitude, and ready to adopt every expedient for relief, 
 which prudence could suggest, or fortitude achieve. These 
 struggles, with the difficulties which the people encountered 
 in forming a convention, unknown to the laws, and opposed 
 by the royalists invested with power, were honourable to the 
 cause, and to its agents. With an eye steadily fixed on free 
 dom, and minds chafed with the superciliousness of mercenary 
 minions of oppression, they nobly resolved to systematise an 
 opposition to the growing tyranny of the mother country. 
 
M KEAN. 7 
 
 They did so ; and therein generated a spirit of union, which 
 finally brought about the independence of the country, and led 
 to the establishment of its present happy constitution. But, 
 although such was the character of the great majority of the 
 assembly, it possessed, upon the whole, much less fortitude 
 than the succeeding congress of 1774; in fact, certain mem 
 bers appeared as timid as if engaged in a traitorous conspi 
 racy. Among the most conspicuous characters, James Otis 
 appeared to be the best and boldest speaker : he was nomi 
 nated as president of the congress, but brigadier Timothy 
 Ruggles succeeded by one vote, owing to the number of the 
 committee from New York, the members then voting indivi 
 dually. Before the commencement of the proceedings, how 
 ever, it was made a sine qua non on the part of Mr. M Kean, 
 and resolved accordingly, that the committee of each colony 
 should have one voice only, in determining any questions 
 that should arise in the congress. He was selected, with Mr. 
 Livingston and Mr. Rutledge, to inspect and correct their 
 proceedings and minutes ; and appointed, with Mr. Lynch 
 and Mr. Otis, to prepare an address to the house of commons. 
 He displayed, on every occasion, that unbending firmness and 
 energy which characterized his subsequent public conduct. 
 
 The stamp act congress, as it was called, having framed a 
 declaration of rights and grievances, together with an ad 
 dress to his majesty, and memorials to the lords and com 
 mons, was dissolved on the twenty-fourth of October, 1765. 
 A few members of this body were either suspected of being 
 inimical to its designs, or acted in such a manner as if they 
 were more desirous of ingratiating themselves with the Bri 
 tish ministry, than serving their country. When the business 
 was concluded, and on the last day of the session, the presi 
 dent, and some timid members, refused to sign the proceed 
 ings. Mr. M Kean then rose, and addressing himself per- 
 
8 M KEAN. 
 
 sonally to the president, remarked, that as he had not made 
 a solitary objection to any of the measures which had been 
 finally adopted, nor a single observation indicative of disap 
 probation, he requested that he would now assign his reasons 
 for refusing to sign the petitions. To this demand, the presi 
 dent replied, that he did not conceive himself bound to state 
 the cause of his objections. Mr. M Kean rejoined, that the 
 gentlemen present had met together to endeavour to obtain 
 the repeal of an unconstitutional and oppressive act of the 
 British parliament, and a redress of other grievances ; that, 
 as unanimity and harmony had hitherto prevailed amongst 
 them, it appeared very extraordinary that any member should 
 refuse to affix his name to what he had at least apparently 
 approved, without any excuse, or observation, on the occa 
 sion ; and that, if there was any thing treasonable, offensive, 
 or indecent, in their proceedings, he thought it would be an 
 act of comity, nay of duty, to advise his brethren of it : other 
 delegates spoke briefly to the same purport. Thus pressed to 
 an explanation, the president, after a long pause, observed, 
 that "it was against his conscience." Mr. M*Kean now rung 
 the changes on the word conscience so long and loud, that a 
 plain challenge was given and accepted, in the presence of 
 the whole congress; but the president departed from New 
 York the next morning before the dawn of day. Mr. Robert 
 Ogden, then speaker of the house of assembly of New Jersey, 
 also refused to sign the petitions, although warmly solicited 
 by Mr. M Kcan in private, as well as by his colleague, colo 
 nel Borden. The great mass of the people were, at this time, 
 zealous, in the cause of America. Hence, Mr. Ogden was 
 desirous of concealing, for some time, the adverse part which 
 he had taken in the proceedings of the congress. He ac 
 cordingly requested colonel Borden not to mention the cir 
 cumstance among his more immediate constituents, and to 
 
M KEAN. 9 
 
 use his influence with Mr. M Kean, his son in law, to pre 
 vail on him to pursue the same course : hut the latter would 
 promise nothing more, than not to mention the matter as he 
 passed through New Jersey, unless the question was put to 
 him. The question was asked : in several different towns, 
 he was requested to state the names of the gentlemen who 
 had not signed the petitions, which he did without hesitation. 
 In a few days, the speaker was burned in effigy in the town 
 in which he resided, as well as in several others, and at the 
 next meeting of the general assembly, he was removed from 
 the office of speaker : the consequences to Mr. M Kean were 
 menaces of another challenge, not more fatal than the former. 
 
 On his return to Newcastle, he, with his colleague Mr. 
 Rodney, reported their proceedings to the assembly of Dela 
 ware, and received the unanimous thanks of that house, for 
 the energy and ability with which they had discharged their 
 duties in the congress, 
 
 Mr. M Kean continued to be engaged in various public 
 employments. On the tenth of July, 1765, he was appointed 
 by the governor, sole notary, and tabellion public, for the 
 lower counties on Delaware ; and, in the same year, received 
 the commission of a justice of the peace, and of the court of 
 common pleas and quarter sessions, and of the orphan s court, 
 for the county of Newcastle. In November term, 1765, and 
 February term, 1766, he sat on the bench which ordered all 
 the officers of the court to proceed in their several duties, 
 as usual, on unstamped paper: this was accordingly done ; 
 and it is believed that this was the first court in the colonies 
 that established such an order. 
 
 In 1766, he was licensed by the governor of New Jersey, 
 
 on the recommendation of the judges of the supreme court, 
 
 to practise as a solicitor in chancery, attorney at law, and 
 
 counsellor, within all the courts in that province. In 1769, 
 
 VOL. IV B 
 
10 M KEAN. 
 
 he waa selected by the assembly to proceed to New York, 
 and there to obtain copies of all documents relating to real 
 estates in the lower counties on Delaware, prior to the year 
 1700 ; he faithfully discharged this duty, and the copies thus 
 procured were established, by a law, as of equal authority 
 with the original records. In 1771, he was appointed by 
 the commissioners of his majesty s customs, collector of the 
 port of Newcastle; and in October, 1772, he was chosen 
 speaker of the house of representatives. 
 
 Owin to a change of ministers in the British cabinet, and 
 the apprehension of a serious opposition on the part of the 
 colonies, the stamp act was repealed ; but, at the same time, 
 an act was passed, maintaining the right of the parliament 
 to bind the colonies by law in all cases whatsoever. Two 
 years had not elapsed from this period, before the govern 
 ment resolved to test this right, and derive a revenue from 
 their colonies, by imposing a duty on the importation of teas, 
 paper, painter s colours, and glass, which were prohibited 
 from any other place than Great Britain. The impost was 
 so small, that little opposition was anticipated: but there 
 were patriots in the colonies who had not forgotten the stamp 
 act ; who deeply reflected on the consequences of submission, 
 and who were fully aware that it would be established as a 
 precedent, and that many an error, by the same example, 
 would creep into the state. A correspondence accordingly 
 took place among leading and influential characters through 
 out the continent ; a powerful opposition was organised ; and 
 measures concerted to render it effectual. Public meetings 
 were held in the principal commercial towns, and it was 
 finally agreed, that the colonies should appoint delegates 
 from their respective houses of assembly, to meet in Phila 
 delphia, on the fifth of September, 1774. Firm and decided, 
 uniform and energetic, in resisting the usurpations of the 
 
M KEAN. 11 
 
 British crown, Mr. M Kean, as he had before done in 1765, 
 took an active part in the preparatory measures which led 
 to the meeting of this congress ; and was appointed a dele 
 gate from the lower counties on Delaware, although he had, 
 a short time before, removed his residence permanently to 
 Philadelphia. 
 
 An important era, not only in the history of America, but 
 of man, had now arrived. Great events may not create, but 
 they always will elicit and excite ability, and bring dormant 
 talents into active operation ; and, although the principal 
 part of his life had hitherto been employed in laborious offi 
 cial engagements, Mr. M Kean soon found that the times 
 now required all the exertions of his mental and physical 
 powers. On the fifth of September, he took his seat in the 
 august assemblage, of which he became an invaluable orna 
 ment; and from that day, his country claimed him as her 
 own. He was annually elected a member, until the first of 
 February, 1783; serving in the great national council during 
 the long, and uninterrupted, period of eight years and a half. 
 
 Two remarkable circumstances, connected with this epoch, 
 arc peculiar to the life of Mr. M Kean. In the first place, 
 he was the only man who was, without intermission, a mem 
 ber of the revolutionary congress, from the time of its open 
 ing, in 1774, until after the preliminaries of the peace of 
 1783 were signed ; for, notwithstanding he was also engaged 
 in other important public affairs, his residence in Philadel 
 phia induced his constituents to continue to return him. It 
 may be added, however, as a case very similar, that Roger 
 Sherman, a delegate from Connecticut, was a member of 
 congress from the time of its first sitting, in September, 1774, 
 until the month of February, 1782, and what is more remark 
 able, he was a member during the long period of nineteen 
 years, except when the laws required a rotation in office. 
 
12 M KEAN. 
 
 The other circumstance is, that while he represented the state 
 of Delaware in congress, until 1783, and was, in 1781, pre 
 sident of it, yet, from July 1777, he held the office, and exe 
 cuted the duties, of chief justice of Pennsylvania. Each of 
 these states claimed him as her own ; and for each were his 
 talents faithfully exerted. 
 
 Possessed of long tried ahility and perseverance, apt in 
 forming conclusions, and skilful in the details as well as ge 
 neral principles, of public business, Mr. M Kean s career in 
 congress embraced a series of unremitting and distinguished 
 services. A few days after the first sitting, he was appointed 
 one of the committee to state the rights of the colonies, the 
 several instances in which those rights were violated or in 
 fringed, and the means most proper to be pursued for the 
 restoration of them. He served diligently on the important 
 secret committee to contract for the importation of arms and 
 ammunition : and his talents were equally exerted in estab 
 lishing the claims and accounts against the government ; in 
 superintending the finances of the states, and the emission of 
 bills of credit; in hearing and determining on appeals brought 
 against sentences passed on libels in the courts of admiralty; 
 and in a variety of important and secondary transactions, 
 connected with the general business of congress. On the 
 twelfth of June, 1776, he was appointed a member of the 
 committee to prepare and digest the form of a confederation 
 to be entered into between the colonies : on the same day a 
 draft was reported, which, after many postponements, amend 
 ments, and debates, was finally agreed to, on the fifteenth of 
 November, 1777. The articles of confederation, however, 
 owing to the objections made by the states, were not signed 
 by a majority of their representatives, until the ninth of July, 
 1778. The delegates from New Jersey, Delaware and Mary 
 land, then informed congress that they had not yet received 
 
M KEAN. 13 
 
 powers to ratify and sign the instrument. On the twenty- 
 sixth of November following, New Jersey acceded to the 
 confederation ; and on the twenty-second of February, 1779, 
 Mr. M*Kean signed and ratified the articles, in behalf of the 
 state of Delaware. At length, the state of Maryland em 
 powered her delegates to subscribe and ratify the act of 
 union, and its final ratification took place on the first of 
 March, 1781. 
 
 It has already been remarked that the signatures on the 
 Declaration of Independence do not, in more than one in 
 stance, merely indicate those who .voted for it on the fourth 
 of July, 1776; as several of the signers were not at that 
 time in congress. But as regards some of the delegates an 
 other error also occurred, and among them Mr. M Kean. 
 
 He was particularly active and useful in procuring the 
 passage of the Declaration ; nevertheless, although his name 
 is subscribed to the original instrument deposited in the office 
 of the secretary of state, he does not appear as a subscriber 
 to the copy published in the Journals of Congress. The late 
 Mr. Dallas, in the course of the re-publication of the laws of 
 Pennsylvania, wishing to compile an accurate copy of the 
 Declaration of Independence, addressed a letter, on the 
 nineteenth of September, 1796, to Mr. M 4 Kean, requesting 
 to know why such a variance existed. The answer to this 
 inquiry is a valuable historical record: it is dated at Phila 
 delphia on the twenty-sixth of September 1796, and is in 
 these terms: 
 
 "Sir Your favour of the nineteenth instant, respecting 
 the Declaration of Independence, should not have remained 
 so long unanswered, if the duties of my office of chief justice 
 had not engrossed my whole attention while the court was 
 sitting. 
 
14 M KEAN. 
 
 " For several years past I have been taught to think less 
 unfavourably of scepticism than formerly. So many things 
 have been misrepresented, misstated, and erroneously printed, 
 (with seeming authenticity,) under my own eye, as in my 
 opinion to render those who doubt of every thing, not alto 
 gether inexcusable : The publication of the Declaration of 
 Independence, on the fourth of July, 1776, as printed in the 
 second volume of the Journals of Congress, page 241 ; and 
 also in the acts of most public bodies since, so far as respects 
 the names of the delegates or deputies who made that Decla 
 ration, has led to the above reflection. By the printed pub 
 lications referred to, it would appear as if the fifty-five gen 
 tlemen, whose names are there printed, and none other, were 
 on that day personally present in congress, and assenting to 
 the Declaration ; whereas, the truth is otherwise. The fol 
 lowing gentlemen were not members of congress on the fourth 
 of July, 1776; namely, Matthew Thornton, Benjamin Rush, 
 George Clymer, James Smith, George Taylor, and George 
 Ross. The five last named were not chosen delegates until 
 the twentieth day of that month ; the first not until the twelfth 
 day of September following, nor did he take his seat in con 
 gress until the fourth of November, which was four months 
 after. The Journals of Congress, (vol. ii. page 277 and 442,) 
 as well as those of the assembly of the state of Pennsylvania, 
 (p. 53,) and of the general assembly of New Hampshire, 
 establish these facts. Although the six gentlemen named had 
 been very active in the American cause, and some of them, to 
 my own knowledge, warmly in favour of independence, pre- 
 \ious to the day on which it was declared, yet I personally 
 know that none of them were in congress on that day. 
 
 " Modesty should not rob any man of his just honour, 
 when by that honour, his modesty cannot be offended. My 
 name is not in the printed journals of congress, as a party 
 
M KEAN. 15 
 
 to the Declaration of Independence, and this, like an error 
 in the first concoction, has vitiated most of the subsequent 
 publications, and yet the fact is, that I was then a member of 
 congress for the state of Delaware, was personally present 
 in congress, and voted in favour of independence on the fourth 
 of July, 1776, and signed the declaration after it had been 
 engrossed on parchment, where my name, in my own hand 
 writing, still appears. Henry Wisner, of the state of New 
 York, was also in congress, and voted for independence. * * * 
 1 do not know how the misstatement in the printed journal 
 has happened. The manuscript public journal has no names 
 annexed to the Declaration of Independence, nor has the 
 secret journal ; but it appears by the latter, that on the nine 
 teenth day of July, 1776, the congress directed that it should 
 be engrossed on parchment, and signed by every member, 
 and that it was so produced on the second of August, and 
 signed. This is interlined in the secret journal, in the hand 
 of Charles Thompson, the secretary. The present se 
 cretary of state, of the United States, and myself, have 
 lately inspected the journals, and seen this. The journal 
 was first printed by Mr. John Dunlap, in 1778, and proba 
 bly copies, with the names then signed to it, were printed 
 in August, 1776, and that Mr. Dunlap printed the names 
 from one of them. 
 
 " I have now, sir, given you a true, though brief, history of 
 this affair; and, as you are engaged in publishing a new edi 
 tion of the Laws of Pennsylvania, I am obliged to you for af 
 fording the favourable opportunity of conveying to you this 
 information, authorising you to make any use of it you 
 please. I am, c." 
 
 In the year 1776, Delaware was represented in congress 
 by Caesar Rodney, George Read, and Thomas M Kean. 
 
16 M KEAN. 
 
 Mr. Rodney was not present when the question of indepen 
 dence was put, in a committee of the whole, on the first of 
 July. Mr. M Kean voted for, and Mr. Read against it. 
 Delaware was thus divided. When the president resumed 
 the chair, the chairman of the committee of the whole made 
 his report, which was not acted upon until Thursday, the 
 fourth of July. Every state, excepting Pennsylvania and 
 Delaware, had voted in favour of the measure, but it was a 
 matter of great importance to procure an unanimous voice. 
 Mr. M Kean, therefore, without delay, despatched an ex 
 press, at his private expense, for Mr. Rodney, who was then 
 in Delaware. That gentleman hastened to Philadelphia, 
 and was met at the door of the state house, in his boots and 
 spurs, by Mr. M Kean, as the members were assembling on 
 the morning of the fourth. After a friendly salutation, but 
 without exchanging a word on the subject of independence, 
 they entered the hall together, and took their seats. They 
 were among the latest in attendance; the proceedings im 
 mediately commenced, and, after a few minutes, the great 
 question was put. \Yhen the vote of Delaware was called, 
 Mr. Rodney rose, and briefly expressing his conviction that 
 the welfare of his country demanded the declaration, voted 
 with Mr. M Kean, and secured the voice of Delaware. 
 Two of the members of the Pennsylvania delegation, adverse 
 to the measure, being absent, that state also united in the 
 vote, by a majority of one. By these means, the Declara 
 tion of Independence became the unanimous act of the thir 
 teen states. Mr. M Kean being engaged in military services, 
 was not present in congress during several months next suc 
 ceeding the fourth of July, 1776 ; and it was not until the 
 month of October, that he had an opportunity of affixing his 
 signature to the declaration, engrossed on parchment, as di- 
 
 
M KEAN. 17 
 
 reeled by a resolution of congress subsequent to his necessary 
 departure from Philadelphia. 
 
 Mr. M Kean was president of the convention of deputies 
 from the committees of Pennsylvania, held at the Carpenter s 
 Hall, in Philadelphia, in June, 1776, who unanimously de 
 clared their willingness to concur in a vote of the congress, 
 declaring the United States free and independent states. 
 He was one of the committee, with Dr. Franklin, and two 
 other deputies, which drafted that declaration ; on the twen 
 ty-fourth of June, he signed it in behalf of the state of Penn 
 sylvania; and on the succeeding day, delivered it to con 
 gress, in the name of the convention. The regiment of asso- 
 ciators, of which he was colonel, had, in the preceding 
 month of May, unanimously made a similar declaration. 
 
 On the fifth of July, 1776, he was chosen chairman, at a 
 conference of the delegates in congress, for the states of New 
 York, New Jersey, and Pennsylvania. In the same year, 
 he was also chairman of the committee of safety of Pennsyl 
 vania, and of the committee of inspection and observation for 
 the city and liberties of Philadelphia. 
 
 Mr. M Kean, at this time, was colonel of a regiment of 
 associators of the city of Philadelphia. At a conference 
 held on the fifth of July, 1776, between a committee of con 
 gress appointed for the purpose, and the committee of safety 
 of Pennsylvania, the committee of inspection and observation 
 for the city and liberties of Philadelphia, and the field offi 
 cers of the five battalions of that city, it was agreed that all 
 the associated militia of the state, with certain exceptions, 
 who could be furnished with arms and accoutrements, should 
 immediately march, with the utmost expedition, to New Jer 
 sey, and continue in service until a flying camp, of ten thou 
 sand men, could be collected to relieve them. In consequence 
 VOL. IV C 
 
18 M KEAN. 
 
 of these resolutions, Mr. M Kean, a few days after the de 
 claration of independence, marched at the head of his batta- 
 lion, to Perth Amboy, in New Jersey, to support general 
 Washington. Although, during his term of service, no re 
 gular engagement took place, he was sometimes exposed to 
 considerable danger, in the skirmishes, or rather cannonad 
 ing, which occurred. An instance of this nature is related 
 by himself, in a letter dated Head Quarters, Perth Amboy, 
 July 26th, 1776. The lines of the enemy were about six 
 hundred yards distant. Several shallops were descried sail 
 ing along the opposite shore towards the enemy s men-of- 
 war. Colonel M Kean had received orders to hold his batta 
 lion in readiness to march into town at a minute s warning, 
 and the men were immediately under arms. " I left them," 
 he remarks, " under lieutenant-colonel Dean, to be marched 
 to town, whilst I mounted my horse, and waited on the ge 
 neral for orders. On the road, which is a straight and wide 
 lane, (something like Market street,) all the way from the 
 camp to the Sound, and in a line with the enemy s batteries, 
 about twenty cannon balls flew close to me, sometimes on 
 one side, sometimes on the other, and some just over my 
 head. I confess, I was not a little alarmed, being the first 
 time that I had ever heard a cannon ball, but clapped spurs 
 to my horse, and rode on amidst the balls for the general s, 
 where orders had just been issued to halt the battalion : I 
 was going to execute them, when, on turning round, I saw a 
 horse shot through the neck with a four-pounder, within 
 much less distance than the width of Market Street, from 
 me. The fire was so incessant, and so direct on the street 
 that I had to return, that some gentlemen entreated me to 
 wait a short time ; but, as the troops under my care were 
 in full march, and colonel Miles s battalion close behind them. 
 
M KEAN. 19 
 
 1 thought it my duty to stop them, as some of them other 
 wise would probably be killed, without a chance of effecting 
 any beneficial service. On my return, I found the fire hot 
 ter than before, the enemy then playing from three batteries 
 of three or four guns each ; but, through God s favour, I 
 escaped unhurt, and marched the troops to the camp." 
 
 After the flying camp was completed, the associators were 
 discharged, and Mr. M Kean returned to Philadelphia, when 
 he resumed his seat in congress, and signed the Declaration 
 of Independence, on parchment. Finding that he had been 
 elected a member of the convention for forming a constitution 
 for the state of Delaware, he, in two days, departed for Do 
 ver, which he reached in one day. Immediately on his ar 
 rival, after a fatiguing ride, a committee of gentlemen waited 
 on him, and requested that he would prepare a constitution 
 for the future government of the state. To this he consented. 
 He retired to his room in the tavern, sat up all the night, and 
 having prepared it without a book, or any assistance what 
 ever, presented it, at ten o clock next morning, to the house, 
 when it was unanimously adopted. 
 
 In the year 1777, Mr. M Kean acted in the double capa 
 city of president of the state of Delaware, and chief justice 
 of Pennsylvania. " I have had," he remarks in a letter to 
 John Adams, dated November 8th, 1779, "my full share 
 of the anxieties, cares and troubles, of the present war. For 
 some time, I was obliged to act as president of the Delaware 
 state, and as chief justice of this : general Howe had just 
 landed (August, If 77,) at the head of Elk river, when I 
 undertook to discharge these two important trusts. The 
 consequence was, to be hunted like a fox by the enemy, and 
 envied by those who ought to have been my friends. I was 
 compelled to remove my family five times in a few months, 
 
20 M KEAN. 
 
 and, at last, fixed them in a little log house on the hanks of 
 the Susquehannah, more than a hundred miles from this 
 place: hut safety was not to be found there, for they were 
 soon obliged to remove again, on account of the incursions 
 of the Indians." 
 
 On the twenty-eighth of July, 1777, he received from the 
 supreme executive council, the commission of chief justice of 
 Pennsylvania, and performed the duties of that high station 
 with distinguished zeal and fidelity, for twenty -two years. 
 At the time of his appointment, he was speaker of the house 
 of assembly, president of Delaware, and a member of con 
 gress. 
 
 The following remarks on this appointment are extracted 
 from his letter to John Dickinson, dated Newark, August 
 15th, 1777: "When I was in Philadelphia, about a fort 
 night ago, the office of chief justice was offered to me in the 
 politest manner. Two of my friends were rather against 
 my accepting it; many others pressed me to it, in the warmest 
 manner. Upon the whole, to prevent the least suspicion 
 that I was against any government but such as I framed my 
 self, and that I wanted to embroil the state, and occasion 
 disaffection to the common cause, &c. &c. which had been 
 liberally propagated ; and to evidence that I had nothing in 
 view but to promote the happiness of my country, I thought 
 it my duty (though manifestly against my interest) to imi 
 tate the great lord Hale, when pressed to the like by Crom 
 well, and was, for the same, and better reasons, prevailed 
 with to accept it." 
 
 The burden of public affairs now fell heavily on Mr. 
 M Kean ; and he became more and more solicitous to be re 
 lieved from his congressional duties. In a letter to the legis 
 lature of Delaware, dated December 25th, 1780, he thus por- 
 
M KUAN. 21 
 
 trays his situation: "I find that my health and fortune are 
 impaired hy my unremitting attention to public affairs: what 
 I undertake to perform, I do with all my might ; and having 
 very little relief in attending congress, I find that this, the 
 discharging the duties of chief justice, &c. &c. are more than 
 I can perform to my own satisfaction. Besides, the rank I 
 am obliged to maintain is greater than comports with my 
 finances. I must, therefore, beg of you, to appoint some 
 gentlemen as delegates, who will attend in congress at such 
 times as I am obliged to be on the circuit, or in court, and 
 who will also relieve me occasionally at other times, and 
 permit that relaxation which is absolutely necessary for the 
 mind as well as the body ; otherwise, that the general as 
 sembly would be pleased to excuse me the honour, in future ; 
 which is my ardent wish." It is a proof of the disinterested 
 principles by which the public men of that period were guided, 
 that Mr. M Kean had never received, in any year, as much 
 emolument, as a delegate, as would defray his personal ex 
 penses, while engaged in the service ; and that, during the 
 last two years, (1779 and 1780,) he had not been offered, 
 or received, a farthing. His resignation, however, was not 
 accepted, and he continued his duties as a delegate from 
 Delaware. 
 
 On the tenth of July, 1781, he was, on the resignation of 
 Samuel Huntington, elected president of congress. On the 
 twenty-third of October, 1781, he addressed the following 
 letter to the secretary: 
 
 " Sir I must beg you to remind congress, that when they 
 did me the honour of electing me president, and before I 
 assumed the chair, I informed them, that as chief justice of 
 Pennsylvania, I should be under the necessity of attending 
 the supreme court of that state, in the latter end of Septem- 
 
22 M KEAN. 
 
 ber, or at farthest, in October. That court will be held 
 to-day. I must therefore request, that they will be pleased 
 to proceed to the choice of another president. I am, sir, &c." 
 
 Congress accepted the resignation of Mr. M Kean, but 
 postponed the election of a president until the next day, when, 
 on motion of Dr. Witherspoon, it was unanimously resolved, 
 that Mr. M Kean be requested to resume the chair, and act 
 as president, until the first Monday in November, the reso 
 lution of the previous day, accepting his resignation, not 
 withstanding. To this measure he acceded. On the fifth of 
 November, John Hanson was elected president; and on the 
 seventh, it was " 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." This 
 honourable testimonial was conveyed to Mr. M Kean, in the 
 following flattering communication from his successor, who 
 was well qualified to pass a correct judgment on the merits 
 and conduct of his predecessor. 
 
 "Sir It is always a pleasing task to pay a just tribute to 
 distinguished merit. Under this impression, give me leave 
 to assure you, that it is with inexpressible satisfaction I pre 
 sent you the thanks of the United States in congress assem 
 bled, in testimony of their approbation of your conduct in 
 the chair, and in the execution of public business ; a duty I 
 am directed to perform by their act of the seventh instant, a 
 copy of which I have the honour of enclosing. 
 
 "When I reflect upon the great abilities, the exemplary pa 
 tience, and unequalled skill arid punctuality, which you so 
 eminently displayed in executing the important duties of pre 
 sident, it must unavoidably be productive of great apprehen- 
 
M KEAN. 23 
 
 sions in the one who has the honour of being your successor. 
 But the choice of congress obliges me, for a moment, to be 
 silent on the subject of my own inability ; and, although I 
 cannot equal the bright example that is recently set me, yet 
 it shall be my unremitting study to imitate it as far as possi 
 ble; and, in doing this, the reflection is pleasing, that I shall 
 invariably pursue the sacred path of virtue, which alone 
 ought to preserve me free from censure. I have the honour 
 to be, &c." 
 
 It may be assumed as a fact, strengthened by daily expe 
 rience, that those men who are mere passive beings, will 
 have neither friends nor enemies ; while those who are ac 
 tive, will have both : and, whether a man does right or 
 wrong, he may always expect to be blamed by his enemies. 
 Hence, a great clamour attended the elevation of Mr. M Kean 
 to the presidency of congress. His acceptance of that sta 
 tion, while holding the office of chief justice, aroused the 
 sleeping lions who would otherwise, in all probability, have 
 dozed on, regardless both of their constitution and country. 
 The press teemed with essays on the subject, maintaining 
 both sides of the question, in which the advocates of Mr. 
 M Kean enjoyed a manifest advantage. It was evident that 
 the authors of the outcry were incited by envy or ambition, 
 and not by virtue or love of country ; because, if his seat in 
 congress was illegal at all, it was as much so before he was 
 made president, as afterwards. When he was appointed chief 
 justice, in 1777, he was speaker of the house of assembly, 
 soon after commander in chief, and from that time until his 
 election to the chair of congress, constantly a delegate from 
 the state of Delaware. It is not easy, moreover, to imagine, 
 what right the state of Pennsylvania had to complain of his 
 
24 M KEAN. 
 
 conduct. The state of Delaware did not, in the first in 
 stance, appoint the chief justice of Pennsylvania one of their 
 delegates in congress ; but it was the state of Pennsylvania 
 that appointed one of the delegates of Delaware, then in con 
 gress, to he their chref justice : how, then, could the blame of 
 the transaction (even if it were blamable,) be imposed on 
 Mr. M Kean ? On the general question, whether he was 
 acting in violation of the constitution, it was argued, that 
 although the judges of the supreme court of Pennsylvania 
 were not allowed to sit in congress, as members from that 
 state, or in its executive council or general assembly, yet 
 they were not excluded from sitting in the congress, or coun 
 cil, senate or assembly, for any other state ; that the conven 
 tion never had either the power or inclination to direct the 
 governments of other states, nor to restrain them from em 
 ploying whom they thought proper, in their offices of trust 
 or profit ; that, in fine, there was neither any law nor reason, 
 why a judge of Pennsylvania could not hold any office what 
 soever, which was not derived from the state of Pennsylvania. 
 Numerous precedents may be cited in justification of Mr. 
 M Kean s conduct, in retaining his seat in congress. William 
 Henry Drayton served in congress two years, during which 
 time he was chief justice of the state of South Carolina. 
 William Paca was, at the same time, chief justice, and a 
 member of congress for the state of Maryland. John Jay 
 was chief justice of New York during the time he was pre 
 sident of congress. Samuel Huntington, the predecessor of 
 Mr. M Kean as president of congress, was, during the whole 
 time, a justice of the supreme court for Connecticut. And 
 to crown the whole, several of the actual members of con 
 gress, were, at that time, justices of the supreme court in 
 their respective states. Hence it is apparent, that the mo- 
 
M KEAN. 25 
 
 lives which originated the clamour against the chief justice of 
 Pennsylvania, were any thing else than honest or patriotic. 
 
 Independent in his principles and conduct, Mr. M Kean, 
 as chief justice of Pennsylvania, performed the duties of his 
 office with impartiality and inflexibility. During the pro 
 gress of the revolution, Philadelphia heing the seat of the 
 general government, and an object of peculiar watchfulness 
 on the part of the enemy, the just performance of Mr. 
 M Kean s judicial functions required hot only the learning 
 of the lawyer, but the unyielding spirit of the patriot. Pro 
 claiming from the bench, the law of justice and his country, 
 with distinguished learning, ability, and integrity, neither 
 fear nor power could bend him from the stern line of duty. 
 Regardless of the powers of the crown of Great Britain, he 
 did not hesitate to hazard his own life, by causing to be pun 
 ished, even unto death, those who were proved to be traitors 
 to their country. Such was the miserable fate of Roberts 
 and Carlisle, the lamented victims of inflexible justice. 
 Abraham Carlisle was a carpenter in Philadelphia. When 
 the British took possession of that city, he received a com 
 mission from sir William Howe, to watch and guard the 
 gates, with the power of granting passports. John Roberts 
 joined the British standard at the same time ; and the overt 
 act of aiding and assisting the enemy by joining their armies, 
 was "legally and satisfactorily proved." The trials of these 
 unfortunate men took place in September, 1778, and being 
 both convicted of high treason, they were, a short time after 
 wards, executed. 
 
 But no popular excitement against individuals accused of 
 offences could, in the slightest degree, divert him from the 
 firm and inflexible discharge of his public duty. His deci 
 sion in favour of Samuel Chapman, which may be seen iu 
 VOL. IV 13 
 
26 M KEAN. 
 
 the first volume of Mr. Dallas s reports, evinced the sound 
 ness of his judgment, and the disdain he felt for the popular 
 clamour, excited by the occasion. Chapman was attainted 
 of high treason, in April term, 1781, for not having surren 
 dered himself on the first of August, 1778, as required by a 
 proclamation issued by the supreme executive council, in 
 pursuance of the act of assembly, passed the sixth of March, 
 1778. The charge of the chief justice, which resulted in the 
 acquittal of the defendant, was learned and circumstantial, 
 embracing a lucid exposition of the law, and exciting the un 
 qualified admiration of his professional brethren, while it 
 dissatisfied and disappointed those men of violence who thirst 
 ed after blood. 
 
 Soon after his appointment to the office of chief justice, an 
 incident occurred, evincing in bold relief the independent 
 principle of action which guided his judicial career. Twen 
 ty persons were confined in the Free Mason s lodge at Phil 
 adelphia, on treasonable charges ; and the popular excitement 
 against them was extremely violent. Application was made 
 to the chief justice, for writs of habeas corpus in their behalf, 
 which were granted. This act, at a period of peculiar pub 
 lic agitation, created great dissatisfaction among the more 
 violent whigs, in which many members of congress partici 
 pated. So marked, indeed, was their displeasure, that Mr. 
 M Kean, esteeming the good opinion of good men next to 
 the approbation of a good conscience, considered himself 
 called upon to justify his proceedings, in a letter to John 
 Adams, dated nineteenth September, 1777, in which he stat 
 ed the reasons of his conduct, and requested Mr. Adams, by 
 a candid explanation, to remove the impressions that had 
 been created. The writs were applied for in form, agreea 
 bly to the directions of the English statute, and the only an- 
 
M KEAN. 27 
 
 thority for tlie confinement of the prisoners, known to Mr. 
 M Kean, was the copy of a letter from the vice-president to 
 colonel Lewis Nicola. His situation, at the time, was such 
 that he had not received a letter, nor seen a newspaper, from 
 Philadelphia, for a fortnight ; nor could he learn any parti 
 culars of the affair, except from the two persons who pre 
 sented the writs, and who offered to him a pamphlet writ 
 ten hy the prisoners, stating their case : this he refused to 
 read or accept, observing that he would determine on the re 
 turns to he made to the writs, and nothing else. The habeas 
 corpus act formed a part of the code of the Pennsylvania 
 laws, and has always and justly been esteemed the palladi 
 um of liberty. Before that statute, the habeas corpus was 
 considered to be a prerogative writ, and also a writ of right 
 for the subject ; and, if the king and his whole council com 
 mitted any subject, yet, by the opinion of all the judges, in 
 times when the rights of the people were not well ascertain 
 ed, nor sufficiently regarded, a habeas corpus ought to be al 
 lowed and obeyed. And the distinction was, that in such 
 case, upon the return, the prisoner was to be remanded ; 
 but, if the commitment was by part of the lords of the coun 
 cil, he was to be bailed ; and if not for a legal cause, he was 
 to be discharged. By the statute, all discretionary power 
 in the judges was taken away, and a penalty of five hundred 
 pounds sterling imposed, for a refusal, in the vacation, to al 
 low the writ : so that, if Mr. M Kean had so soon forgotten 
 the oath which he had, a few days before, taken, common 
 prudence would have taught him neither to incur the forfeit 
 ure of ten thousand pounds, nor to subject himself, as a 
 judge, to the just censure of the judicious and dispassionate; 
 the more especially when no injury could arise from return 
 ing the writs, and bringing the parties before him, (except a 
 
28 M ; KEAN. 
 
 little delay,) the expense being borne wbolly by the prison 
 ers, agreeably to the statute. Jf, upon the return of the pro 
 cess, he had shown any partiality towards the prisoners, or 
 sought occasion to favour men who were inimical to a cause, 
 which he had espoused with as much sincerity, and supported 
 with as much zeal as any individual in the country, then, in 
 deed, he might have been deservedly blamed and stigmatised ; 
 but previous to this, censure, to say no more, was premature, 
 and injudiciously bestowed. " Fiat justitia mat coelum," 
 he remarks, " is a sentiment which pleases me ; and faith 
 ful judges ought not to be subjected to unnecessary difficul 
 ties." 
 
 His firmness in the execution of the laws is exemplified 
 by another striking example. In 1778, he issued a warrant 
 against colonel Robert L. Hooper, a deputy quarter master, 
 charging him with having libelled the magistrates of Penn 
 sylvania, in a letter to Gouverneur Morris, and directing the 
 sheriff of Northampton county to bring him before him at 
 Yorktown. Colonel Hooper waited on general Greene, then 
 quarter master general, to inquire whether the circum 
 stances of the army would admit of his absence. General 
 Greene, in a letter to Mr. M Kean, dated Camp, Valley 
 Forge, third June, 1778, observed, among other things rela 
 tive to the subject, that, as the army was just on the wing, 
 he could not, without great necessity, " consent" to colonel 
 Hooper s being absent, as there was no other person who 
 could give the necessary aid on that occasion ; and he re 
 quested, that Hooper might enter into a recognizance, with 
 ample sureties to appear at any court where he was legally 
 answerable. This direct interference of the military with 
 the civil authority, roused the official spirit of the chief jus 
 tice, and occasioned the following severe, but just answer, 
 written at Yorktown. and dated on the ninth of June: 
 
M KEAN. 29 
 
 Sir I liave just now received your favour of the third 
 instant, and am not a little surprised that the sheriff of 
 Northampton county should have permitted colonel Robert 
 L. Hooper, after he was arrested by virtue of my precept, to 
 wait upon you, until he had appeared before me. 
 
 "You say, sir, < colonel Hooper waited upon me to com 
 municate his situation, and to know if the circumstances of 
 the army would admit of his absence ; but as the army is 
 just upon the wing, and part of it will, in all probability, 
 march through his district, I could not, without great neces 
 sity, consent to his being absent, as there is no other person 
 that can give the necessary aid upon this occasion. 
 
 u I do not think, sir, that the absence, sickness, or even 
 death, of Mr. Hooper, could be attended with such a conse 
 quence that no other person could be found, who could give 
 the necessary aid upon this occasion : but, what attracts my 
 attention the most, is your observation that you cannot, 
 without great necessity, consent to his being absent. As to 
 that, sir, I shall not ask your consent, nor that of any other 
 person, in or out of the army, whether my precept shall 
 be obeyed or not, in Pennsylvania. 
 
 * The warrant for the arrest of Mr. Hooper being special, 
 no other magistrate can take cognizance thereof but myself. 
 The mode you propose, of giving bail, cannot be adopted, 
 for many reasons. 
 
 "I should be very sorry to find that the execution of cri 
 minal law should impede the operations of the army, in any 
 instance; but much more so, to find the latter impede the 
 former. I am, &c." 
 
 There is a strain of inflexible firmness, and unshrinking 
 dignity, pervading this letter, admirably illustrative of the 
 whole course of his judicial conduct. 
 
30 M KEAN. 
 
 Mr. M Kean industriously devoted himself to the dis 
 charge of the duties of chief justice until the year 1799, when 
 he was elected governor of the commonwealth of Pennsylva 
 nia. In all the qualifications of the judge, it may, without 
 hesitation, be said, that he had few equals in this, or any 
 other country. The dignity which the supreme court of 
 Pennsylvania preserved, and the reverence which it inspired, 
 while he presided over it, are still spoken of in high terms 
 by those who rememher it, and his judicial opinions, at a pe 
 riod when the law of the state was unsettled, and when a 
 master mind was requisite to reduce it to a system, have 
 established for him the reputation of being one of the ablest 
 lawyers of his country. His memory is, to the present day, 
 held in profound respect and veneration, in the courts of jus 
 tice, and successive judges have, by their unvarying testi 
 mony, given unfading lustre to his judicial fame. ** Chief 
 justice M Kean," observes a late judge of the supreme court 
 of Pennsylvania, " was a great man : his merit in the profes 
 sion of the law, and as a judge, has never been sufficiently 
 appreciated. It is only since I have been upon the bench, 
 that I have been able to conceive a just idea of the greatness 
 of his merit. His legal learning was profound and accurate; 
 but, in the words of the poet, 
 
 Materiam superabat opus ; 
 
 The lucidity of his explication, and the perspicuity of his 
 language, which is the first excellence in the communication 
 of ideas, was perfect ; but I never saw equalled, his dignity of 
 manner in delivering a charge to a jury, or on a law argu 
 ment, to the bar. But what is still more, his comprehension 
 of mind in taking notes, so as to embrace the substance, and 
 yet omit nothing material, has appeared to me inimitable." 
 
M KEAN. 31 
 
 The attempt to impeach the conduct of Mr M Kean, as chief 
 justice, in 1788, requires particular explanation. Eleazer 
 Oswald, editor of the Independent Gazetteer, published an 
 address to the public, manifestly tending to interrupt the 
 course of justice, and attempting to prejudice the minds of 
 the people, in a cause then depending, in which he was de 
 fendant ; and by that means, striving to defeat the plaintiff s 
 claim to justice, and to stigmatise the judges whose duty it 
 was to administer the laws. For this contempt of court, as 
 it was determined by the unanimous opinion of the four 
 judges, he was sentenced by the court to pay a fine of ten 
 pounds to the commonwealth, and to " be imprisoned for the 
 space of one month, that is, from the fifteenth day of July 
 to the fifteenth day of August. " The sentence, on the point 
 of imprisonment, was entered on the record, "for the space 
 of one month," without taking notice of the explanatory 
 words used by the court : {"from the fifteenth day of July 
 to the fifteenth day of August."} At the expiration of the 
 legal month, (twenty -eight-days,} Mr. Oswald demanded his 
 discharge ; but with this, the sheriff, who had heard the sen 
 tence pronounced, refused to comply, until he had consulted 
 the chief justice. Mr. M Kean, remembering the meaning 
 and words of the court, told this officer at first, that he was 
 bound to detain his prisoner till the morning of the fifteenth 
 of August : but having shortly alterwards examined the re 
 cord, he wrote to the sheriff, that Mr. Oswald, agreeably to 
 the entry there, was entitled to his discharge. 
 
 On the fifth of Septemoer, 1788, Mr. Oswald presented a 
 memorial to the general assembly, in which he stated the 
 proceedings against him, complained of the decision of the 
 court, and of the direction of the chief justice to the sheriff, 
 by which, he alleged, his confinement had afterwards been 
 
32 M KEAN. 
 
 illegally protracted. He, finally, called upon the house to 
 determine " whether the judges did not infringe the constitu 
 tion in direct terms, in the sentence they had pronounced ; 
 arid whether, of course, they had not made themselves proper 
 objects of impeachment." The assembly resolved itself into 
 a committee of the whole, to hear the evidence in support of 
 the charges exhibited ; and three days were consumed in the 
 examination of witnesses. William Lewis, as a member of 
 the house, then delivered an elaborate argument, in vindica 
 tion of the conduct of the judges ; and, after a long, learned, 
 and eloquent speech, concluded by observing, that, upon the 
 whole, the only grounds of impeachment were bribery, cor 
 ruption, gross partiality, or wilful and arbitrary oppression; 
 and as none of these had been proved, Mr. Oswald s memo 
 rial ought to be dismissed ; that it would be preferable to re 
 turn to a state of nature, than to live in a state of society 
 upon the terms which that memorial presented ; terms, 
 which left the weak and the innocent a prey to the powerful 
 and the wicked ; and which gave to falsehood and licentious 
 ness, all that was due to freedom and to truth. Mr. Findley 
 next rose, and delivered his sentiments with ability and pre 
 cision, in opposition to Mr. Lewis s argument. When he 
 had concluded, Mr. Fitzsimmons submitted the following 
 resolution : 
 
 "Resolved, That this house, having, in a committee of the 
 whole, gone into a full examination of the charges exhibited 
 by Eleazer Oswald, of arbitrary and oppressive proceedings 
 in the justices of the supreme court against the said Eleazer 
 Oswald, are of opinion, that the charges are unsupported by 
 the testimony adduced, and, consequently, that there is no 
 just cause for impeaching the said justices." 
 
 The proposition contained in this resolution, gave rise to a 
 short, but animated conversation. On the one hand it was 
 
. 
 
 M KEAN. 33 
 
 said, that, in admitting that there was no ground of impeach 
 ment, it was not intended to concede that the facts represented 
 in the memorial had not been proved : and, on the other hand, 
 it was answered, that if there had been proof that the memo 
 rialist, according to the complaint, "was immured in prison, 
 without even the shadow of a trial, for an imaginary offence," 
 it would have been the indispensable duty of the legislature 
 to vote for an impeachment. A compromise, at length, took 
 place, and the committee of the whole agreed to report the 
 following resolution : 
 
 " Resolved, That the charges exhibited by Mr. Eleazer 
 Oswald against the justices of the supreme court, and the 
 testimony given in support of them, are not a sufficient 
 ground for impeachment." 
 
 But, when this report was called up for the decision of the 
 house, it was postponed, (and consequently lost,) on motion 
 of Mr. Clymer, in order to introduce the resolution originally 
 proposed by Mr. Fitzsimmons in the committee. Mr. Findley 
 then claimed the attention of the members, and presented the 
 following resolutions to the chair, to supersede Mr. Clymer s 
 motion : 
 
 "Resolved, That the proceedings of the supreme court 
 against Mr. Eleazer Oswald, in punishing him by fine and 
 imprisonment, at their discretion, for a constructive or im 
 plied contempt, not committed in the presence of the court, 
 nor against any officer, or order, thereof, but for writing and 
 publishing improperly, or indecently, respecting a cause de 
 pending before the supreme court, and respecting some of the 
 judges of said court, was an unconstitutional exercise of 
 judicial power, and sets an alarming precedent, of the most 
 dangerous consequence, to the citizens of this common 
 wealth." 
 
 VOL. IV. E 
 
34 M KEAN. 
 
 "Resolved, That it be specially recommended to the ensu 
 ing general assembly, to define the nature and extent of con 
 tempts, and direct their punishment." 
 
 An interesting debate arose upon these resolutions. Mr. 
 Findley ably supported his propositions upon the spirit of 
 the constitution, and the expediency of the thing itself. But, 
 it was satisfactorily answered by Mr. Lewis ; first, That the 
 legislative power is confined to making the law, and cannot 
 interfere in the interpretation ; which is the natural and ex 
 clusive province of the judicial branch of the government ; 
 and, secondly, That the recommendation to the succeeding 
 assembly would be nugatory; for the courts of justice derive 
 their powers from the constitution, a source paramount to the 
 legislature ; and, consequently, what is given to them by the 
 former cannot be taken from them by the latter. 
 
 Mr. Findley s motions were lost by a considerable ma 
 jority ; and at length, Mr. Fitzsimmons s original resolution, 
 revived by Mr. Clymer, was adopted by the house, and the 
 memorial, of course, rejected. 
 
 In pronouncing the judgment of the court in the case of 
 Oswald, chief justice M Kean made the following remarks: 
 " Some doubts were suggested whether even a contempt of 
 the court was punishable by attachment: not only my bre 
 thren and myself, but likewise all the judges of England, 
 think, that without this power, no court could possibly exist; 
 nay, that no contempt could, indeed, be committed against 
 us, we should be so truly contemptible. The law upon the 
 subject is of immemorial antiquity; and there is not any 
 period when it can be said to have ceased, or discontinued. 
 On this point, therefore, we entertain no doubt." These 
 observations have since been repeatedly quoted as conclusive 
 on the subject of contempts ; and were cited, with approba- 
 
M KEAN. 35 
 
 tion, in the famous debate, a few years ago, in the case of 
 John Anderson, in the house of representatives of the United 
 States. 
 
 Mr. M Kean was a memher of the convention of Pennsyl 
 vania, which ratified the constitution of the United States. 
 Delegated from the city of Philadelphia, he attended its first 
 meeting on the twentieth of November, 1787. On the twenty- 
 third, Mr. M Kean, who, with Mr. Wilson, took the lead in 
 the proceedings, moved that the constitution, as proposed by 
 the late federal convention, be read ; and on the twenty-sixth, 
 the convention having been properly organised, and the pre 
 liminary arrangements concluded, he opened the important 
 and unprecedented subject by a short speech, concluding 
 with the motion, "That this convention do assent to, and 
 ratify, the constitution agreed to on the seventeenth of Sep 
 tember last, by the convention of the United States of Ame 
 rica, held at Philadelphia." The long and eloquent speech 
 delivered by him on the eleventh of December, embraced a 
 clear and comprehensive view of the whole subject. He 
 unfolded, in a masterly manner, the principles of free govern 
 ment; demonstrated the superior advantages of the federal 
 constitution ; and satisfactorily answered every objection 
 which had been suggested. Arranging these objections 
 under ten distinct heads, he considered them singly, and 
 delivered his refutation of them in a lucid and forcible man 
 ner. He concluded this powerful argument in these words: 
 " The objections to this constitution having been answered, 
 and all done away, it remains pure and unhurt; and this 
 alone is a forcible argument of its goodness. I am sure, Mr. 
 president, that nothing can prevail with me to give my vote 
 for ratifying it, but a conviction, from comparing the argu 
 ments on both sides, that the not doing it is liable to more 
 inconvenience and dangqr than the doing it. 
 
36 M KEAN. 
 
 "I. If you do it, you strengthen the government and peo 
 ple of these United States, and will thereby have the wisdom 
 and assistance of all the states. 
 
 "II. You will settle, establish, and firmly perpetuate, our 
 independence, by destroying the vain hopes of all its enemies, 
 both at home and abroad. 
 
 " III. You will encourage your allies to join with you ; 
 nay, to depend, that what has been stipulated or shall here 
 after be stipulated and agreed upon, will be punctually per 
 formed ; and other nations will be induced to enter into treaties 
 with you. 
 
 "IV. It will have a tendency to break our parties and 
 divisions, and by that means, lay a firm and solid foundation 
 for the future tranquillity and happiness of the United States 
 in general, and of this state in particular. 
 
 "V. It will invigorate your commerce, and encourage 
 ship building. 
 
 "VI. It will have a tendency, not only to prevent any 
 other nation from making war upon you, but from offering 
 you any wrong or even insult. 
 
 "In short, the advantages that must result from it, are 
 obviously so numerous and important, and have been so fully 
 and ably pointed out by others, that it appears to be unneces 
 sary to enlarge on this head. 
 
 "The law, sir, has been my study from my infancy, and 
 my only profession. I have gone through the circle of office, 
 in the legislative, executive, and judicial, departments of go 
 vernment ; and from all my study, observation, and expe 
 rience, I must declare, that from a full examination and due 
 consideration of this system, it appears to me the best the 
 world has yet seen. 
 
 "I congratulate you on the fair prospect of its being 
 adopted, and am happy in the expectation of seeing accom- 
 
M KEAN. 37 
 
 plished, what has been long my ardent wish, that you will 
 hereafter have a salutary permanency in magistracy, and 
 stability in the laws." 
 
 Although Mr. M Kean was not a memher of the conven 
 tion which framed the federal constitution, he was neither in 
 attentive nor inactive, with regard to its proceedings. From 
 the characters of the delegates, a great proportion of whom 
 had heen memhers of the revolutionary congress, in 1774, 
 1775, 1776, or 1777, he entertained strong hopes that public 
 utility would be derived from their deliberations. " But," he 
 remarks, "the present popular opinion is, that we should be 
 very jealous of conferring power on any man, or body of men. 
 Indeed, we seem afraid to enable any one to do good, lest he 
 should do evil." He was long an advocate for the just rights 
 of the smaller, against the overbearing influence and power 
 of the larger, states. A vote by states was insisted upon by 
 him in the first congress of 1765, and in that held in Phila 
 delphia, in 1774; and the concession was then made by the 
 other states. At the meeting of the federal convention, he 
 delivered to the delegates from Delaware, notes of the argu 
 ments used on those occasions, and at the same time offered, 
 in private, his reasons in support of the security of the smaller 
 states, to many members who represented the larger. His 
 influence prevailed ; and the result was the compromise which 
 pervades the present system. 
 
 The amendment of the constitution of the state of Pennsyl 
 vania was an object of high importance and general interest. 
 "Perhaps a more singular contrivance to produce precipita 
 tion and incaution in that department, where deliberation was 
 a duty, and to generate slowness and irresolution, when vigour, 
 promptitude, and secrecy, were required, was never exhibited 
 than in this constitution." A single legislature, without check 
 
38 M KEAN. 
 
 or control, possessing a power of hastily passing the most 
 important laws, restrained only by the necessity of publishing 
 the bill, for the consideration of their constituents, yet with 
 out being required to wait any length of time to obtain a 
 knowledge of their opinions on it; an executive council, com 
 posed of a member from every county, multiplying as the 
 number of counties increased ; a septennial judicature, and 
 an inefficient council of censors, who were to revise the pro 
 ceedings of the legislature, without the power to repeal what 
 they saw the strongest reasons to condemn, formed some of 
 the features of this extraordinary frame of government. To 
 relieve the people of Pennsylvania from the operation of such 
 a system, had long been an object of solicitude. But it had 
 many friends. As a product of the revolution, to approve it 
 was sometimes considered as a test of political rectitude. 
 The name of Franklin was used to recommend it to popular 
 favour, although it was believed by many, that his placid ac 
 quiescence, together with some sportive effusions in answer 
 to objections raised against it, was the greatest extent of the 
 patriarch s exertions in its favour. It was, also, asserted 
 that its opponents aimed at aristocratical innovation, not un- 
 tinctured with the spirit of monarchy. On this subject, Mr. 
 M Kean formed an early opinion ; and in a letter to John 
 Adams, dated thirtieth April, 1787, he made the folio wing re 
 marks: "The balance of the one, the few, and the many, is 
 not well poised in this state: the legislature is too powerful 
 for the executive and judicial branches of government ; be 
 sides, it can too easily make laws, and too easily alter or re 
 peal them. We have but one branch in our legislature, and 
 are divided into two parties, called by the names of republi 
 cans and constitutionalists ; and they are yet pretty nearly 
 equal in numbers and merit. We must have another branch, 
 
M KEAN. 39 
 
 and a negative in the executive, stability in our laws, and 
 permanency in our magistracy, before we shall be reputable, 
 safe and happy." But he w r as opposed to any other than 
 necessary alterations. " In general," said he, "I dislike in 
 novations, especially in the administration of justice ; and I 
 would avoid tampering with constitutions of government as 
 with edge-tools." 
 
 At length, in 1788, a majority of the legislature was se 
 cured in favour of calling a convention, not openly to make 
 a new constitution, but to consider in what respects the old 
 one required alteration and amendment. At the election in 
 1789, Mr. M Kean was appointed a delegate to this conven 
 tion, from the city of Philadelphia. It commenced on Tues 
 day, the twenty-fourth of November, 1789, on which day the 
 honourable Thomas Mifflin was elected president. Com 
 posed of the first talents that Pennsylvania afforded, Mr. 
 M Kean rendered himself conspicuous in its proceedings, and 
 the force of his knowledge and opinions was felt, and justly 
 appreciated. 
 
 " The mere reformation of the old constitution was aban 
 doned as hopeless, but in the composition of a new one, some 
 variety of opinion was manifested: democratic inclinations 
 prevailed with one party, while the other sought, in the es 
 tablishment of a firm and active executive, in an independent 
 judiciary, in a legislature of two branches, and in most care 
 fully prescribing the limits of each, and preventing encroach 
 ments on the functions of others, not to establish an aristo 
 cracy, but to secure a self-balanced government, possessing 
 the united properties of cautious deliberation, energetic ac 
 tion, and uninfluenced decision." Although the almost unli 
 mited right of suffrage contained in it is by many deemed a 
 blemish, the constitution that was finally adopted may be 
 
40 M KEAN. 
 
 considered as an admirable model, as a careful discrimination 
 in practice, and a sound delineation in principle, of a repre 
 sentative republic, securing force to the government, and 
 freedom to the people. 
 
 Mr. M Kean was actively employed, during the first week 
 of the sitting, in forming the preliminary arrangements of the 
 convention. On the first of December, when that body resolv 
 ed itself into a committee of the whole, "to take into consi 
 deration whether, and wherein, the constitution of the state re 
 quired alteration or amendment," he was appointed chairman. 
 The subject of the constitution was, throughout the session of 
 the convention, principally discussed in the committee, over 
 which he presided: hence he was precluded from taking that 
 active part in the debates, which he would, otherwise, have 
 probably done. It appears, however, that while on the floor, 
 his attention was greatly devoted to the measures in agitation, 
 and that he engaged with spirit in the deliberations of the con 
 vention. It is worthy of particular notice, that the provision 
 " for the establishment of schools throughout the state, in 
 such manner that the poor may he taught gratis," was made 
 on the proposition of Mr. M Kean. On his retirement from 
 the chair, it was unanimously resolved, on the twenty-ninth 
 of January, 1790, "that the thanks of the committee be 
 given to the honourable Mr. M Kean, for his able and impar 
 tial conduct, while chairman thereof. 
 
 In 1799, Mr. M Kean was elected governor of Pennsylva 
 nia. His election was the result of a warm conflict between the 
 two great parties which were then assuming those distinct 
 political ranks, into which, for many years, the people of our 
 country continued to be divided. It is unnecessary to specify 
 the political changes and occurrences preparatory to, and 
 causing, his election in preference to his able and distinguish- 
 
M KEAN. 41 
 
 ed competitor James Ross. -His success, through what was 
 termed "the momentum of Pennsylvania politics," paved the 
 way for the accession of Mr. Jefferson to the presidency ; and 
 during the whole period of that gentleman s administration, 
 the weight of Mr. M Kean s opinions and conduct was direct 
 ed to the upholding of the principles which marked the policy 
 of the general government. 
 
 On the sixth of November, 1799, at a town meeting held in 
 Philadelphia, an address to the governor-elect was prepared 
 and adopted, congratulating him on his election, as the very 
 principles of republicanism were involved in the issue. "In 
 an integrity," it said, " which lias stood the test of half a cen 
 tury, and in a firmness that neither cabal nor faction has been 
 able to shake, and in principles which stood unmoved amid 
 the trials and perils of a revolution, we cannot but rely with 
 confidence. * " On you,, sir, not only the eyes of republican 
 Pennsylvania, but the eyes of the republicans throughout the 
 union are fixed ; on you a momentous trust has devolved, 
 which engages all their attention and affections, and it is with 
 pride, with honest pride, we avow our confidence, that the 
 chief-magistrate of Pennsylvania will exhibit to the United 
 States an illustrious example." To this address, Mr. M Kean 
 replied by stating the sincere pleasure which it afforded 
 him, and tendering his thanks for the favourable opinion, 
 and kind expressions, it contained. He trusted, that under 
 his administration, their happy system of government, raised 
 on the sole authority of the people, would, by the favour of 
 God, be continued inviolate ; and that neither foreign nor do 
 mestic enemies, neither intrigue, menace, nor seductions, 
 should prevail against it. "The constitution of the United 
 States, and of Pennsylvania," said he, "shall be the rule of my 
 government ; the security of persons, property, liberty, and 
 VOL. IV F 
 
42 M KEAN. 
 
 reputation, my chiefest care; and my best endeavours shall 
 be exerted to fulfil all your reasonable and just expectations." 
 
 That the duty which he was now called upon to perform 
 was extremely arduous, may be inferred from the following 
 extract of his letter to John Dickinson, dated twenty-third 
 June 1800: "Though my situation in life is changed, my 
 cares remain: I have never had greater employment for body 
 and mind, than for the last six months, unless when I was 
 president of congress. I have waded through a sea of trou 
 bles, and surmounted my principal difficulties. I have been 
 obliged, (though no Hercules,) to cleanse the Jlugean stable, 
 with little or no aid ; for I am my own minister and aman 
 uensis. In about a fortnight more, I expect calm seas and 
 gentle breezes, if the intrigues and corruptions of British ru 
 lers do not create a new agitation of the waves and winds, A 
 governor of Pennsylvania has more duty to perform than the 
 president of the United States, or any governor in the union." 
 
 It is the paramount duty of the biographer, to "nothing 
 extenuate nor set down aught in malice;" to act justly, though 
 ruin should ensue. Without the guidance of this principle, 
 he is misleading, instead of instructing ; he is portraying a 
 fictitious, instead of a real character; and every defect which 
 he conceals, or every ornament which he amplifies, virtually 
 involves a falsehood. His course is open and direct: he must 
 neither turn to the one side, to gratify,national or family feel 
 ing; nor to the other, to indulge in private ^opinions or pre 
 judices. Uninfluenced by personal motives, either of fear or 
 affection, he ought to consider his subject as attached to this 
 world only in memory, and alike amenable to the voice of 
 posterity, whether his deeds be good or evil. It is, then, 
 with strict impartiality, that allusion is made to the party as 
 perity which marked, in particular, the period at which Mr. 
 
M KEAN. 43 
 
 M Kean s administration commenced. The principle of re 
 moving from office all those of opposite political views, whe 
 ther their station he high or low, and however well qualified, 
 honest, and active, they may he, may he founded in party po 
 licy, hut not in justice. Patriotic motives can have no agency 
 in loading with reproach, and detruding from office, upright, 
 and (according to their views) honest, politicians of a parti 
 cular party, as men unworthy to partake of the honours, or 
 even to eat the hread of their country. The triumph of party 
 is every where the same ; and every where it is indulged 
 beyond the boundaries of natural justice, and in a manner 
 more or less despotic and vindictive, according to the precur 
 sory excitement, and the obstacles in the way of success* 
 But without particularising, when the power of parties un 
 dergoes a revolution, whereby the weakest becomes the 
 strongest, is that change, of itself, a sufficient and equitable 
 cause for indiscriminately involving the whole of the defeated 
 party in one general proscription? On such occasions, are 
 the possessions of the vanquished, however honourably ac 
 quired and honestly maintained, to be, in the true spirit of the 
 feudal system, inexorably parcelled out among the champions 
 of the victorious leader? As, among the holders of office, in 
 the words of a celebrated character, " few die, and none re 
 sign," is nothing left but to cashier them? And what sophis 
 try can attempt to justify acts by which helpless families are 
 at once reduced to indigence, stripped of their subsistence, and 
 driven from their homes, not because the heads of them have 
 not faithfully and honestly discharged the duties of their trusts, 
 but because they do not hold precisely the same political sen 
 timents with the new party in power ; however they may, at 
 the same time, accord in the broad principles of national li 
 berty, and love of rountrv. 
 
44 M KEAN. 
 
 The general truth of these observations will probably not 
 be denied by any one, and the following remarks of Mr. 
 M Kean to Mr. Jefferson contain no apology, and profess to 
 contain no reason for the removal from office, without dis 
 tinction, of those, who served under previous administra 
 tions; indeed, we find that, severe as his detrusions were, 
 they were not, at the same time, indiscriminate. They who 
 will not acquiesce in the justice .of censure on his conduct 
 upon this occasion, may, with much plausibility, be disposed 
 to urge that, if at the commencement of his administration, 
 he found in office men that had been distinguished, in the 
 previous contest, by intemperate and bitter hostility towards 
 him and his friends, it might have been honestly considered 
 as indispensable to the smooth, just, and efficient operation 
 of the wheels of government, and as a mark of proper re 
 spect for the clearly expressed will of the people, whose 
 sovereignty he acknowledged, that he should supply those 
 offices with others, who, instead of counteracting and embar 
 rassing the efforts of his administration, would promote and 
 assist his endeavours to discharge his important official duties. 
 And the force of this reasoning is not diminished, by the 
 knowledge of the fact, that after his administration became 
 once settled on a firm basis, he exhibited the same determina 
 tion in selecting men distinguished for their merit, without 
 regard to party politics, as he had displayed, in times of high 
 party excitement, in preferring political friends to political 
 enemies. This spirit was illustrated in a particular manner, 
 in many judicial appointments, and especially in twice choos 
 ing for the dignified station of chief justice of the state, gen 
 tlemen whose political feelings and associations were adverse 
 to his own, but whose professional and personal characters 
 rendered them worthy of elevated public trusts. 
 
M KEAN. 45 
 
 In a letter to Mr. Jefferson, dated tenth January, 1801, 
 alluding to his removal of many political opponents from 
 office at the time of his being chosen governor, he observes, 
 "It is, at least, imprudent to foster spies continually about 
 oneself. I am only sorry that I did not displace ten or eleven 
 more ; for it is not right to put a dagger in the hands of an 
 assassin." On the twentieth of July, v .1801, he addressed the 
 president of the United States, avowedly as the agent of cer 
 tain members of the ruling party, in Delaware, relative to 
 their political affairs, and to the individuals who had received 
 and held offices under the previous, or Adams, administration : 
 "It appears," he observes, "that the anti-republicans, even 
 those in office, are as hostile as ever, though not so insolent. 
 To overcome them they must be shaven, for in their offices, 
 (like Sampson s hair-locks,) their great strength lieth : their 
 disposition for mischief may remain, but the power of doing 
 it will be gone. It is out of the common order of nature, to 
 prefer enemies to friends : the despisers of the. people should 
 not be their rulers, nor men be vested with authority, in a 
 government which they wish to destroy. A dagger ought 
 not to be put into the hands of an assassin. Sayings of this 
 import are in the mouths of every body ; and self-preserva 
 tion seems to demand some attention to them." 
 
 But it is probable that no public man of this country, ex 
 cepting "Washington, so deeply involved in public affairs as 
 Mr. M Kean, has ever kept himself free from some portion 
 of political intemperance, some manifestation of party pas 
 sion and prejudice. Such, moreover, is the nature of the 
 constitution of Pennsylvania, with respect to the powers of 
 its governor, that party spirit will be roused, and the feelings 
 of individuals, governed by personal interest, will be exhi 
 bited, during every administration. Personal feelings of 
 
46 M KEAN. 
 
 hope or disappointment, doubtless, created for Mr. M Kean 
 many enemies ; yet during the whole constitutional period of 
 nine years the majority of the people were with him; and, 
 at the present day, when the party asperities and bickerings 
 of the times are, in some measure, forgotten, it cannot be 
 denied that his administration, in a general view, was marked 
 by uncommon ability, and with great benefit to the state. His 
 messages to the different legislative assemblies are charac 
 terized by peculiar eloquence and force of language, and are 
 replete with sound maxims of political wisdom, and clear 
 practical views of the policy of government. 
 
 In the years 1807 and 1808, an unsuccessful attempt was 
 made to impeach him, as governor, originating from party 
 malice, and the exasperation of designing and ambitious in 
 dividuals, who found him too independent to submit to their 
 superintendence in public affairs. Several petitions from a 
 number of the citizens of the city and county of Philadelphia, 
 were presented, to the legislature, in the beginning of 1807, 
 praying an inquiry into the official conduct of the governor. 
 A committee was accordingly appointed for that purpose, 
 with directions to report whether he had so acted in his official 
 capacity, as to require the interposition of the constitutional 
 powers of the house. This committee, after a short investi 
 gation, reported, 
 
 " I. That the governor did premeditatedly, wantonly, un 
 justly, and contrary to the true intent and meaning of the 
 constitution, render void the late election, (in 1806,) of a 
 sheriff in the city and county of Philadelphia. 
 
 "II. That he usurped a judicial authority, in issuing a 
 warrant for the arrest and imprisonment of Joseph Cabrera; 
 and interfered in favour of a convict for forgery, in defiance 
 
M KEAN. 47 
 
 of the law, and contrary to the wholesome regulations of the 
 prison in Philadelphia, and the safety of the citizens. 
 
 "III. That, contrary to the true intent and meaning of 
 the constitution, and in violation of it, did he appoint Dr. 
 George Buchannan, lazaretto physician of the port of Phila 
 delphia. 
 
 " IV. That under a precedent, acknowledged to have been 
 derived from the king of Great Britain, and contrary to the 
 express letter of the constitution, did he suffer his name to 
 be stamped upon blank patents, warrants on the treasury, 
 and other public official papers, and that too out of his 
 presence. 
 
 " V. That, contrary to law, did he supersede Dr. James 
 Reynolds as a member of the board of health. 
 
 "VI. That, contrary to the obligations of duty, and the 
 injunctions of the constitution, did he offer and authorize 
 overtures to be made to discontinue two actions of the com 
 monwealth against William Duane and his surety, for an 
 alleged forfeiture of two recognizances of one thousand dol 
 lars each, on condition that William Duane would discon 
 tinue civil actions against his son, Joseph B. M Kean, and 
 others, for damages for a murderous assault committed by 
 Joseph B. M Kean and others on William Duane." 
 
 The very terms of the report would indicate the spirit in 
 which it was framed, even were it not known that one of the 
 committee, at least, was a principal agitator of the impeach 
 ment, and intemperately attached to the disappointed party, 
 which was labouring, unguibus et rostro, to disgrace and 
 degrade the governor. " From even this limited inquiry," 
 say they, " the committee are led to the conclusion, that the 
 governor considers the constitution and the laws as mere 
 instruments of executive convenience, and of so ductile a 
 
48 M KEAN. 
 
 character as to be moulded into any shape at the suggestion 
 of passion, ambition, or interest." "The avoidance of an 
 election, under such circumstances, furnishes a melancholy 
 testimonial of the insecurity of our rights, under the admi 
 nistration of the present executive magistrate." "The rights 
 of the people of the city and county of Philadelphia have been 
 grossly trifled with, and scarcely a veil of the texture of a 
 cobweb has been thrown over the unjust judgment of the 
 governor, to render void their election and their choice." 
 "But what will be said when the stupendous injustice is 
 made known that the governor deducted four votes from the 
 poll of judge Wolbert, which the witnesses themselves, upon 
 oath, declared they had given to William T. Donaldson!" 
 "The committee would here ask, what security have the 
 people of Pennsylvania for their rights, should such proceed 
 ings pass unpunished?" "A favourite and profligate sheriff 
 may continue in office as long as a governor holds his place, 
 and the incumbent will remain the pander of an executive 
 appetite or vengeance." "The compromise offered by the 
 governor to William Duane, is of a character truly dark and 
 alarming. The outrage committed upon Mr. Duane transcends 
 any thing in baseness and barbarity, ever perpetrated among 
 us by men pretending to the honour of soldiers. After hav 
 ing beaten and bruised him until he was lifeless, they raised 
 him from the earth on which he was prostrate, that one of 
 them might again knock him down ; and these heroes of our 
 constitution and laws finished their murderous assault, by 
 whipping the insensible body of a man, that they had ren 
 dered lifeless by previous barbarity." Finally, "under a 
 sense of imperious duty, and the solemnity of the obligation 
 under which they acted as representatives of the people of 
 Pennsylvania, and from a conscientious conviction," the 
 committee reported the following resolution : 
 
M KEAN. 49 
 
 "Resolved, That Thomas M Kean, governor of this com 
 monwealth, be impeached of high crimes arid misdemeanours." 
 Had this report not savoured so strongly of partiality ; 
 had its language heen more temperate and dignified, its con 
 clusions less rigorous and authoritative, it would have argued 
 a better cause. On Thursday, the eighth of December, 1807, 
 the resolution reported by the committee being under con 
 sideration, a motion was made by Mr. John Sergeant, and 
 seconded by Mr. Biddle, (both members from Philadelphia,) 
 to postpone the further consideration thereof until the second 
 Monday in January, 1808: the ayes and nays being called, 
 there was an equal number of votes, and the motion failed. 
 On the fifteenth of January, Mr. Shewell, one of the com 
 mittee which submitted the resolution, called for its con 
 sideration: the votes being equally divided, the question was 
 not carried. On the twenty-seventh of January, Mr. Shewell 
 renewed his motion for proceeding to the consideration of 
 the resolution, which then prevailed. It is to be observed, 
 that these motions proceeded from the party friendly to go 
 vernor M Kean, and who were anxious to determine the 
 invalidity of the charges. 
 
 The resolution was now fairly before the house ; and the 
 result which awaited the consideration of it, little accorded 
 with the pleasant and confident anticipations of a majority of 
 the select committee who gave it birth. "The committee," 
 said they, "deem it superfluous to sustain the resolution 
 which is submitted, by an appeal to the patriotism or the in 
 telligence of the house. They are aware that they are anti 
 cipated by its judgment and its integrity. The facts speak so 
 loudly for themselves, that the feeble voice of the committee 
 cannot be raised to reach their tone. Justice, and the public 
 welfare, demand punishment. Do we desire to preserve our 
 VOL. IV G 
 
50 M KEAN. 
 
 constitution in its letter and its spirit? then punish the in- 
 fractor of it. Do we desire the government of laws, instead 
 of that of the will of a public functionary? then make him 
 amenable to justice, who dares to substitute his will for that 
 of the laws. Do we desire to preserve our republican institu 
 tions? then permit no man to trample upon them with impu 
 nity. Do we hold the right of electing our public functiona 
 ries to be the essence of free government, and its exercise to 
 be dear to the freemen of Pennsylvania? then render him 
 constitutionally accountable, who, by an arbitrary fiat, has 
 laid it prostrate. Do we consider virtue as the vital prin 
 ciple of republican government? then punish the officer who 
 attacks republican virtue in her citadel $ who, in dis 
 regard of public sentiment and public duty, and in defiance 
 of solemn obligation, treats the people as his patrimony, 
 and their rights as his inheritance." Now, whether the 
 legislature possessed less "judgment" and "integrity" 
 than the committee were aware of, or whether less value 
 was placed on this long, pompous, and inflated tirade of 
 queries, and deductions, than it deserved, it did not at all 
 alter the decision of the house, which, on motion of Mr. 
 Porter, seconded by Mr. Shewell, indefinitely postponed the 
 furtherconderation of the subject, on the twenty-seventh of 
 January, 1808. It should be added that every member pre 
 sent from the city of Philadelphia whose rights were said to 
 be particularly infringed voted in favour of the governor. 
 
 On the next day, the secretary of the commonwealth pre 
 sented a replication from the governor, relative to the charges 
 exhibited against him by the committee, which being read, 
 Mr. Sergeant inquired whether the communication would be 
 inserted on the journal? A variety of objections being made 
 to this measure, a motion was made by Mr. Sergeant, and 
 
M KEAN. 51 
 
 seconded by Mr. Ingharn, that the message he inserted at 
 large on the journal: on the question heing taken, it was de 
 termined in the affirmative. 
 
 The defence of Mr. M Kean offers a bright contrast to the 
 report of his accusers ; and we cannot refrain from extract 
 ing its exordium, as an evidence of the dignity with which 
 he repelled unestablished denunciations, of the moderation 
 and magnanimity which he displayed throughout the replica 
 tion, and of the self-command and respect, which forbade 
 him to descend to the language of his enemies. " A long 
 and dangerous illness," he begins, " the sympathy of friends, 
 and the advice of physicians, deprived me of an opportunity 
 to peruse the journal, or to have the least knowledge, of the 
 proceedings in relation to an impeachment of my official con 
 duct, for more than a month after the termination of the last 
 session of the general assembly. And, since that period, a 
 proper respect for the exercise of constitutional powers has 
 restrained every disposition, on my part, to answer the 
 charges which have been exhibited against me, while those 
 charges continued a subject of deliberation. But the delicacy 
 which has thus recognized your constitutional jurisdiction, 
 must not be allowed to absorb every consideration that is 
 due to my own fame, to the feelings of my family, and to the 
 opinion of the world. The accusation, though not confirmed 
 by the ultimate vote of the house, has been deliberately fram 
 ed, has been openly discussed, and will pass, among the 
 legislative records, into the hands of our constituents, and 
 our posterity, with all its concomitant semblance of proof, and 
 asperity of animadversion. The decision, that expresses 
 your renunciation of the impeachment, affects me, indeed, 
 with its justice and its independence ; but it is a decision 
 which precludes the employment of the regular mcante of de- 
 
52 M KEAN. 
 
 fence, before a competent tribunal, and, therefore, compels 
 me, for the purposes of vindication, to claim a page in the 
 same volume that serves to perpetuate against me the imputa 
 tion of official crimes and misdemeanours. It is incompati 
 ble, gentlemen, with my view of the solemnity of the occa 
 sion, to descend to the language of invective or complaint. 
 By exposing the depravity of other men, I should do little 
 to demonstrate my own innocence ; and an expression of sen 
 sibility, at any personal indignity that has been inflicted, 
 might be construed into an encroachment upon the freedom 
 of legislative debate. But the tenor of my public and pri- 
 Tate life will, I hope, be sufficient to repel every vague and 
 declamatory aspersion. The discernment of our constituents 
 will readily detect any latent motive of hatred and malice. 
 The justice of the legislature upholds an ample shield against 
 the spirit of persecution ; and the conscious rectitude of my 
 own mind will yield a lasting consolation, amidst all the 
 vicissitudes of popular favour and applause." ** That I may 
 have erred in judgment ; that I may have been mistaken in 
 my general views of public policy ; and that I may have been 
 deceived by the objects of executive confidence, or benevo 
 lence, I am not so vain, nor so credulous, as to deny; though, 
 in the present instance, I am still without the proof and with 
 out the belief: but the firm and fearless position which I 
 take, invites the strictest scrutiny, upon a fair exposition of 
 our constitution and laws, into the sincerity and truth of the 
 general answer given to my accusers, that no act of my 
 public life was ever done from a corrupt motive ; nor with 
 out a deliberate opinion that the act was lawful and proper 
 initself." Mr. M Kean then proceeds, in a circumstantial 
 and irrefutable manner, separately to repel the charges of 
 the committee; and triumphantly to vindicate his character, 
 
M KEAN, 53 
 
 in every particular, from the aspersions with which it had 
 been assailed. This replication comprehends a very learned 
 and masterly disquisition upon many of the constitutional 
 powers and duties of the executive, and upon repeated refer 
 ence to it, it has heen found to bear the cautious scrutiny of 
 unimpassioned judgment, and to furnish a safe, a clear, and 
 a useful guide in the elucidation of cases involving points si 
 milar to those which he professes to discuss. 
 
 Thus terminated a transaction, which, through the baleful 
 and exterminating spirit of party, threatened to overshadow 
 the closing career of a patriot, whose life had, during half a 
 century, been devoted to the public service. As a party mea 
 sure, the delay in its decision, theex-parte report of the com 
 mittee, and the small majority opposed to an impeachment, can 
 afford no just rule of judgment, with regard to the merits of 
 the case ; because inter factions leges silent. Those acquaint 
 ed with the relative local politics, may gain some insight into 
 the matter, from the fact, that while the whole delegation 
 from thecz /T/ of Philadelphia were opposed to the impeachment, 
 all the members from the county supported it. And it was 
 in proof before the house of representatives, that the chairman 
 of the committee, who was a prominent and zealous witness, 
 and the surety of William Duane, threatened, in terms indi 
 cating animosity and passion, that " he would pursue the go 
 vernor to the grave." 
 
 Towards the close of the year 1803, he was strongly soli 
 cited to become a candidate for the office of vice-president of 
 the United States. On the fourteenth of October, Alexander 
 James Dallas, thus addressed him on the subject: "I have 
 been requested, by several of our friends, to bear with me, (to 
 Washington,) your sentiments as to the office of vice-presi 
 dent. Your name has been most honourably mentioned on 
 
54 M KEAN. 
 
 the occasion. Pray write to me, in perfect confidence, and 
 address your letter to the care of Mr. Gallatin, at Washing 
 ton. Accustomed as I have been, for many years, to wish 
 every thing that can promote your happiness, or reputation, it 
 would give me pain to find that, in this instance, your dispo 
 sition should lead you to the federal scene, as I do not believe 
 there exists another man in Pennsylvania, to whom, at this 
 period, the real interests of the state can be safely confided. 
 But your choice will entirely govern my opinions and ex 
 ertions." Mr. M Kean declined this honour both on public 
 and private considerations. 
 
 Towards the close of the eighteenth century, the French 
 revolution excited much interest in America. At its com 
 mencement, indeed, it was very universally and justly ad 
 mired ; and almost every friend of rational freedom rejoiced, 
 when the bastile was destroyed, at the approaching emanci 
 pation of the people. But when public order and equitable 
 principles yielded to the bloody and lawless sway of de 
 magogues and ruffians, nothing but irrelevant motives, and 
 extraneous pursuits, could have made our citizens endure 
 the unexampled profligacy, insolence, and barbarity, of the 
 then ruling powers of France. Mr. M Kean, naturally and 
 conscientiously, imbibed strong prepossessions in favour of 
 French liberty, in conjunction with the members of the party 
 to which he was attached. Many years after his retirement 
 from public life, an interesting correspondence on this subject 
 took place between him arid John Adams, who had, from the 
 outset, veiwed the revolution in France with a prophetic eye. 
 On the second of June, 1812, Mr. Adams thus opened the 
 subject: "Nearly thirty-eight years ago our friendship com 
 menced. It has never been interrupted, to my knowledge, 
 but by one event. Among all the gentlemen with whom I 
 
M KEAN, 55 
 
 have acted and lived in the world, I know not any two, who 
 have more uniformly agreed in sentiment upon political prin 
 ciples, forms of government, and national policy, than you 
 and I have done, except upon one great subject ; a most im 
 portant and momentous one to he sure that subject was the 
 French revolution. This, at the first appearance of it, you 
 thought *a minister of grace; I fully believed it to be *a 
 goblin damned. Hence all the estrangement between us, that 
 I know, or ever suspected. There is no reason that this should 
 now keep us asunder, for I presume there can be little differ 
 ence of opinion, at present, upon this subject. When 
 Fulteney accepted a peerage, some droll wit wrote 
 
 Of all the patriot things that Pultney writ, 
 The earl of Bath confutes them every bit. 
 
 "NYc may now say, 
 
 Of all the glorious things French patriots writ, 
 The emperor confutes them every bit." 
 
 In another communication, Mr. Adams remarked, that the 
 most unaccountable phenomenon he ever beheld, during the 
 seventy-seven years that he had lived, was to sec men of the 
 most extensive knowledge, and deepest reflection, entertain, 
 for a moment, an opinion that a democratical republic could 
 be erected in a nation of five and twenty millions of people, 
 four and twenty millions and five hundred thousand of whom, 
 could neither write nor read. 
 
 Mr. M Kean, in reply, fully realized the expectations of 
 his correspondent, as to the congeniality of their sentiments. 
 In relation to their co-operation in public affairs, he remarks, 
 " I declare, with pleasure, and also with pride, that I em 
 braced the political sentiments of none, with more satisfac- 
 
56 M KEAN. 
 
 tion, (being congenial with my own,) than yours; nor do I 
 recollect a single question on which we differed. It is true, 
 I was a friend to the revolution in France, from the assembly 
 of the notables (1787), until the king was decapitated 
 (1794); which I deemed not only a very atrocious, but an 
 absurd act. After that, I remained in a kind of apathy, with 
 regard to the leaders of the different parties ; until I clearly 
 perceived that that nation was then incapable of being ruled 
 by a popular government: and when a few, and afterwards, 
 an individual, assumed despotic sway over them, I thought 
 them in a situation better than under the government of a 
 mob ; for I would prefer any kind of government to such a 
 state, even a tyranny to anarchy. On this subject, then, I 
 do not conceive we differed widely. I do assure you, that I 
 venerate our early friendship, and am happy in a continuance 
 of it." Again : " I decidedly think with you that a demo 
 cratic form of government in France, in the present age, was 
 preposterous." 
 
 Mr. M Kean, having served as governor during the con 
 stitutional period of nine years, retired, at the close of the 
 year 1808, from the cares of a long life, faithfully, ably, and 
 successfully devoted to the service of his country ; and, for 
 the remainder of his days, enjoyed, in the peaceful pursuits 
 of science and literature, the consciousness of a well-earned 
 and honourable fame. In a letter to Mr. Adams, dated in 
 June, 1812, he remarks "Three years ago I shook hands 
 with the world, and we said farewell to each other : the toys 
 and rattles of childhood would, in a few years more, be, pro 
 bably, as suitable to me, as office, honour, or wealth ; but 
 (thank God,) the faculties of my mind are, as yet, little, if 
 any thing impaired, and my affections and friendships remain 
 unshaken. Since my exemption from official and professional 
 
M KEAN. 57 
 
 duties, I have enjoyed a tranquillity, never (during a long, 
 protracted life,) heretofore experienced ; and my health and 
 comforts are sufficient for a moderate man." 
 
 We ought riot, however, to omit an incident which occurred 
 after the date of the above letter, inasmuch as it exhibits a 
 gratifying instance of the manifestation of public respect for 
 a venerable sage, and displays the vigour of intellect, and 
 the energy of patriotism, in a man of the age of eighty years, 
 whose younger days had hern, in trying times, devoted to his 
 country. In the last war with Great Britain, the citizens of 
 Philadelphia, considering themselves in a situation of perfect 
 security, made no preparations for protection and defence, 
 until, in the month of August, 1814, their slumbering feel 
 ings were aroused by the landing of a British army on our 
 shores, and its near approach to the city of Washington. A 
 number of the most influential citizens agreed at once to call 
 a town meeting, and on the morning of the twenty-sixth of 
 August, a few hours before the account of the capture of 
 Washington reached Philadelphia, a very large assemblage; 
 of citizens was convened in the state house square. Mr. 
 M Kean had been particularly desired to attend, and on his 
 appearing once more among his countrymen, on a public oc 
 casion, he was greeted with profound respect and attention, 
 and was unanimously called to take the chair. Never, since 
 the revolutionary period, had a public meeting been held in 
 Philadelphia on so momentous a business, and never, since 
 the same period, had an occasion existed which demanded 
 more promptness and decision of action. The enemy was 
 already on our soil, and no man, whether among the boldest 
 or the most cautious, had any reason to believe that Phila 
 delphia would not, in a very few days, be the object of at 
 tack. The meeting, collected at the very place, where, in 
 VOL. IV. H 
 
58 M KEAN. 
 
 1776, the declaration of independence had been proclaimed? 
 proceeded to its business with great order. No noisy dema 
 gogues attempted to control its operations, or to create ex 
 citement by inflammatory harangues. The venerable chair 
 man alone addressed it, and in a few brief sentences, delivered 
 with the dignity and emphasis of his former days, touched the 
 spirit that needed only to be awakened. The meeting, with 
 out waste of time, and without useless discussion, took the 
 measures which the crisis demanded, and the city was in a 
 short time placed in a condition to repel the attack of any 
 force which the enemy could then bring against it. A jour 
 nalist of the times made the following observations, in refer 
 ence to this meeting : 
 
 " It will be remarked, that the proceedings of the town- 
 meeting held yesterday, do not comprehend any very parti 
 cular expression of sentiment on general principles. Let it 
 not therefore be supposed that the meeting showed any indif 
 ference relative to the questions involving the destinies of the 
 nation. There are no printed resolutions of devotion to coun 
 try, because, as governor M Kean well said, * this is not a 
 time for speaking, but a time for acting ; there are no decla 
 rations of oblivion of the past, because, as governor M Kean 
 also said, we have now nothing to do with the past, we 
 must only think of the present and the future ; neither are 
 there any resolutions to suppress party contentions, because, 
 as governor M Kean also told the meeting, there are now 7 
 but two parties, our country and its invaders. " 
 
 During the whole of his career, Mr. M Kean was remark 
 able for the most unbending integrity of character. He pos 
 sessed a qualification, which has been justly noticed as a 
 distinguished trait in the character of Washington, a de 
 termination to do what he thought best for the interest of 
 
M KEAN. 59 
 
 the state, without regard to the clamour of ignorance or of 
 discontent. Independent of the opinion which the narrow- 
 minded, but self-sufficient, might please to adopt with 
 regard to him, he was willing to be judged by the conse 
 quences of his actions, however remote those consequences 
 might be. 
 
 The following letters, addressed to the son of Mr. M Kean, 
 embrace valuable and honourable testimonials, from men 
 who participated with Mr. M Kean in the trying scenes of 
 the revolution, and who have since enjoyed the rare and dis 
 tinguished honour of presiding over the government of their 
 country. The first is from his compatriot Mr. Adams, and 
 is dated at Quincy on the twenty-seventh of April, 1824 : 
 
 "Dear sir I have received you kind letter of April 1st, 
 and am very sorry that it will not be in my power to give 
 you more detailed information. That your father was a 
 steadfast patriot of the revolution, from its beginning to its 
 end, is most certain. In the congress of New York, in 1765, 
 though young, he was one of the most active and spirited 
 members : in the congress of 1774, and in all the subsequent 
 years, he was the same. 
 
 " His conduct as governor of Pennsylvania is better known 
 to you, and all your fellow-citizens, than to me : 1 believe he 
 was conscientiously upright, and well-intentioned. His con 
 duct as chief justice of the state, for so many years, I have 
 never heard denied to have been upright and judicious ; al 
 though his constant opposition to the federal government, 
 but never violent, occasioned party reflections upon him, as 
 party spirit is cast upon every man of both parties. His 
 character ought always to maintain a conspicuous place in 
 the history of his country, for the last fifty or sixty years. 
 
60 M KEAN. 
 
 " P. S. Your father and Csesar Rodney were among the 
 Patrick Henrys, the Christopher Gadsdens, the Thomas 
 Jeflfrrsons, the Samuel Adams s, the R >ger Shermans, the 
 best tried and firmest pillars of the revolution." 
 
 The other, from Mr. Jefferson, his old personal and politi 
 cal friend, is dated at Monticello, on the tenth of the same 
 month, and is as follows : 
 
 Sir I have duly received your favour of the first instant, 
 and am happy to learn that we are likely to have a good bio 
 graphy of the late judge M Kean. Although we served to 
 gether in revolutionary scenes, and after these, in others 
 equally trying, yet length of time, and the wane of memory, 
 have left me no recollections which would be worth not 
 ing. The general remembrance can never be obliterated, 
 that he was among the soundest, firmest, and most zealous, 
 of the republicans, with whom it has been my fortune to 
 tf& through life." 
 
 On the twenty-sixth of September, 1781, Mr. M Kcan re 
 ceived the diploma of doctor of laws, from the college of 
 New Jersey. In the following year, he was invested with the 
 same distinction by Dartmouth college, in New Hampshire, 
 conveyed to him in a complimentary letter from the secretary 
 of the institution, of which the following is an extract: * Im 
 pressed with an exalted opinion of those singular talents 
 which nature has allotted you ,- of those acquirements which 
 you have gained by application; and of that patriotic virtue, 
 which has remained inflexible through the storms of adver 
 sity, the honourable board of trustees of this university, re 
 quest your acceptance of a feeble testimonial of your merit." 
 On the second of May, 1785, he was elected a member of the 
 
 
M KEAN. 61 
 
 Philadelphia society for the promotion of agriculture. On 
 the thirty -first of October, following, he received the diplo 
 ma of the society of Cincinnati, instituted by the officers of 
 the American army, at the period of its dissolution, as well 
 as to commemorate the great event which gave independence 
 to North America, as for the laudable purpose of inculcating 
 the duty of laying down in peace, arms assumed for public 
 defence, and of uniting in acts of brotherly affection, and 
 bonds of perpetual friendship, the members constituting the 
 same. He was also a trustee of the university of Pennsyl 
 vania, and, in 1790, one of the founders of the Hibernian so 
 ciety for the relief of emigrants from Ireland, of which he 
 was a long time president. 
 
 x, 
 
 In person Mr. M Kean was tall, erect, and well propor 
 tioned. His countenance displayed, in a remarkable man 
 ner, the firmness and intelligence for which he was distin 
 guished. His manners were impressive and dignified. In 
 the month of July, 176*2, he married Mary, the eldest daugh 
 ter of Joseph Borden, esquire, of Bordentown, New Jersey, 
 who died in February, 1773, leaving two sons and four 
 daughters ; the youngest of whom was only two weeks old. 
 On Thursday, the third of September, 1774, he was again 
 united in marriage, by the reverend Joseph Montgomery, to 
 Miss Sarah Armitage, of Newcastle, in Delaware : five 
 children were the offspring of this union. 
 
 At length, loaded with honours, this venerable patriot ar 
 rived at the ultima linea rerum^ and departed to "the gene 
 ration of his fathers," on the twenty-fourth of June, 1817, 
 aged eighty-three years, two months, and sixteen days. His 
 remains were interred in the burial ground of the first pres- 
 byterian church, in Market street, Philadelphia. 
 
62 M KEAN. 
 
 Thomas MvKean outlived all the enmities which an active 
 and conspicous part in public affairs had, in the nature of 
 things, created ; and posterity will continue to cherish his 
 memory, as one among the most useful, and able, and virtu 
 ous fathers of a mighty republic : 
 
 Gonscia mens reeti, famae raendacia ridet. 
 

 a l)x awing- ~_W JJLLonp-aere ait^r n 1 J rn idiu v; iiv 
 
SAMUEL CHASE. 
 
 THE signers of the Declaration of Independence on belialt 4 
 of the state of Maryland were four ; SAMUEL CHASE, WIL 
 LIAM PACA, THOMAS STONE, and CHARLES CARROLL of 
 CARROLLTON. 
 
 Among the patriots of the revolution, none were more ac 
 tively engaged during its most trying scenes, and few more 
 distinguished in after life, than SAMUEL CHASE. 
 
 He was born on the seventeenth of April 1741, in Somerset 
 county, Maryland, and was the child of the Reverend Tho 
 mas Chase, a very learned clergyman of the protestant epis 
 copal church, who emigrated from England, and married 
 Matilda \Yalker, the daughter of a respectable farmer. 
 
 The Rev. Mr. Chase having lost his wife, and succeeding 
 at nearly the same time to the pastoral charge of St. Paul s 
 parish, in Baltimore, removed with his son to that town in 
 the year 1743. 
 
 Baltimore was, at that period, merely a village, and afford 
 ed little opportunity for the education of boys ; indeed, nine 
 years afterwards, a schoolmaster seems to have been still 
 a desideratum, for a gazette of that date contains an adver 
 tisement, offering good encouragement from the inhabitants, 
 
64 CHASE. 
 
 to any one of "sober character," competent to "teach 
 English, writing and arithmetic." 
 
 The Rev. Mr. Chase was, however, perfectly well qualified 
 to instruct his son. He had enjoyed the hest advantages 
 which England afforded, and was a scholar of remarkable 
 attainments, as well as an enthusiast in classical learning ; a 
 proof of which was given in his laborious translation of the 
 poem of Silius Italicus, enriched with copious and learned 
 notes, a work bearing the marks of great talent as well as 
 perseverance, which yet remains in the hands of his descen 
 dants awaiting sufficient encouragement for its publication. 
 
 Under the tuition of a parent so accomplished and so devoted 
 to learning, the young jjamuel acquired a degree of erudition 
 uncommon among his compeers ; and at the age of eighteen, 
 with the established character of a good scholar, was sent to 
 Annapolis to commence the study of the law. 
 
 Pursuing his studies, under the superintendence of Mr. 
 John Hammond, and Mr. John Hall, with the earnestness 
 that marked all his conduct through life, he was admitted to 
 practise in the mayor s court at the early age of twenty, and 
 two years afterwards was licensed for the chancery and some 
 of the county courts. 
 
 He chose Annapolis for his permanent residence, and very 
 soon became known as an able, eloquent and fearless lawyer; 
 with the reputation superadded. at least among the more staid 
 and loyal inhabitants, of being too little inclined to respect 
 the dignity of the provincial officers. 
 
 In after years he gave abundant proof of extraordinary ta 
 lent ; but his early success in his professional career, was 
 perhaps a more equivocal test; since the opportunity for 
 disiinction was then such as the present aspirants to forensic 
 fame may not hope to see. The number of practitioners at 
 
CHASE. 65 
 
 Annapolis was so small, that if the courts had any occu 
 pation, the lawyers could not fail, all to have clients. "I 
 qualified," says Mr. Chase in a letter written long after, " in 
 1761 in the mayor s court; the har then consisted of three 
 practitioners, Messrs. William Paca, John Brice, junior, and 
 myself; all of us students of the law under gentlemen of An 
 napolis, who qualified merely for improvement, without the 
 remotest view of profit." 
 
 He very soon married Miss Ann Baldwin, of Anna 
 polis, a lady described, by those who recollect her, as 
 remarkably amiable and intelligent, and who became the 
 mother of two sons and two daughters, all of whom survived 
 their parents. 
 
 Advancing continually in his profession, the few years that 
 intervened between his coming to the bar and the commence 
 ment of the political troubles, were not signalized by any 
 incident, except his marriage, that has been preserved by 
 memory or tradition. 
 
 In this interval he became a member of the colonial legis 
 lature, and distinguished himself there not only by the vigour 
 of his mind, but by the bold independence of his course, and 
 his uncourtly bearing towards the royal governor and the 
 court party. 
 
 The most memorable instance of the spirit which already 
 animated him, is perhaps to be found in a vote by which he 
 joined in the enactment of a new regulation on the subject of 
 the compulsory support of the clergy ; and by the provisions 
 of which his own father, still rector of St. Paul s, suffered a 
 diminution of one half his income. He was an heir of his 
 father s property ; but neither that consideration nor the fear 
 of offending the old gentleman, could restrain him from 
 Voz. IV. I 
 
66 CHASE. 
 
 voting against the court party, and in favour of what he 
 thought the rights of the people. 
 
 The stamp act, that first step in the career of ministerial 
 folly, was heard of with less emotion, generally, in the south 
 ern than in the northern colonies; hut every where the intelli 
 gence raised a flame of indignation and a spirit of resistance. 
 
 In Maryland, a meeting or convention of the "sons of 
 liberty" assembled suddenly at Annapolis, and forcibly 
 opening the public offices, seized and destroyed the stamps ; 
 and a band of youthful patriots, designated of course, in the 
 courtly language of the day, as a mob, publicly burnt the 
 effigy of the stamp distributor. 
 
 In both these exploits, which were the first examples of po 
 litical mobs in Maryland, Mr. Chase bore an active and a 
 leading part; and in consequence was designated by the mayor 
 and aldermen of Annapolis, in a publication that formed part 
 of a paper war, carried on between them and the grand jury, 
 as a " busy, restless incendiary, a ringleader of mobs, a foul 
 mouthed and inflaming son of discord and faction, a common 
 disturber of the public tranquillity, and a promoter of the 
 lawless excesses of the multitude." 
 
 Far from feeling these abusive epithets, proceeding from 
 such a source, as a cause of shame to himself, he was grati 
 fied by being the object of such hatred, as he was thus en 
 deared the more to that party with which he desired to iden 
 tify himself. He, therefore, exultingly avowed his conspicuous 
 agency in the proceedings of the mob, which, he declared, 
 consisted of men altogether more respectable than the mayor 
 and aldermen ; but he earnestly denied a part of their accu 
 sation, which charged him with having at a former time 
 spoken in justification of the stamp act. 
 
CHASE. 67 
 
 He assailed the city authorities without mercy. " Was it 
 a mob," his published letter asks, "who destroyed in effigy 
 our stamp distributor ? was it a mob who assembled here from 
 the different counties of the province and indignantly opened 
 the public offices ? Whatever vanity may whisper in your 
 ear, or that pride and arrogance may suggest, which are na 
 tural to despicable tools of power, emerged from obscurity 
 and basking in proprietary sunshine, you must confess them 
 to be your superiors, men of reputation and merit who are 
 mentioned with respect, while you are named with contempt, 
 pointed out, and hissed at as fruges consumere nati." See 
 the Appendix. 
 
 "I admit, gentlemen," he said, in another part of this 
 publication, " that I was one of those who committed to the 
 flames, in effigy, the stamp distributor of this province, and 
 who openly disputed the parliamentary right to tax the colo 
 nies, while you skulked in your houses, some of you assert 
 ing the parliamentary right, and esteeming the stamp act a 
 beneficial law% Others of you meanly grumbled in your 
 corners, not daring to speak out your sentiments." 
 
 This was bold, perhaps saucy, language, for a young man 
 of five and twenty, to apply to the constituted authorities of 
 the town in which he resided ; but the same uncompromising 
 temper, apparent in this splenetic effusion, continued to be 
 characteristic of Mr. Chase, to the latest period of his life. 
 
 The immediate cause of this hostility between him and the 
 corporation, was to be found in his having acted as scribe 
 for the grand jury, when they wanted a complaint against 
 those municipal officers drawn up in proper form and forcible 
 language. The stamp act having been repealed and content 
 ment generally restored, allusions to the violences that had 
 occurred before its abrogation, were introduced by his enemies 
 
68 CHASE. 
 
 to keep up the recollection of transactions which they sup 
 posed he would wish to he forgotten. 
 
 The calm that followed the repeal of the stamp act was 
 deceitful and transient ; very soon new measures of aggres 
 sion began to appear, and the vindictive act of parliament 
 closing the port of Boston in 1774, roused the indignant 
 colonists to action. 
 
 The several counties of Maryland having appointed com 
 mittees of conference, they met in convention on the twenty- 
 second of June, and having received letters from the Massa 
 chusetts committee, agreed to the proposal of a general 
 congress of the colonies, and appointed Mr. Chase, and four 
 others, delegates to attend such meeting, for the purpose of 
 "agreeing on a -general plan of conduct, operating on the 
 commercial connexion of the colonies with the mother coun 
 try, for the relief of Boston, and preservation of American 
 liberty." Mr. Chase was also appointed one of a committee 
 of correspondence for the colony. 
 
 He accordingly attended at the meeting of the congress at 
 Philadelphia, in September, 1774. 
 
 The votes and proceedings of congress were kept inviolably 
 secret at that time, and although it is now supposed to be 
 ascertained which of the members were entitled to the credit 
 of preparing the very eloquent state papers issued during the 
 session, yet the precise share taken in their consultations by 
 each member, is not, even now, certainly known. The whole 
 effort made by this congress was, however, pacific and con 
 ciliatory, and not such as the ardent t temperament of Mr. 
 Chase would allow him heartily to approve. It was an ex 
 periment founded upon an eloquent appeal from the ministry 
 to the king and people of England, and was wisely, though 
 unsuccessfully, made. 
 
CHASE. 69 
 
 In December of the same year, which was before any in 
 telligence could be received from the other side of the Atlan 
 tic of the reception which their persuasive addresses met 
 with in Great Britain, Mr. Chase, with an additional number 
 of colleagues, was re-appointed a delegate, to attend at the 
 session to be held in the ensuing May. 
 
 Mr. Chase attended in pursuance of this appointment, and 
 joined in the appointment of Washington, as commander in 
 chief, the organization of an army, and all the other mea 
 sures of defence then adopted. 
 
 This session, like the preceding one, was of brief duration ; 
 but there was time for him to make many acquaintances and 
 acquire some friendships, among men of the most distin 
 guished talents and virtue of the country and of the age. 
 
 He was again elected in the summer of 1775, and attended 
 during the early part of the second session of that year; 
 when his attention was particularly drawn to the affairs of 
 the northern campaign, then prosecuting under the command 
 of Schtiyler and Montgomery, and concerning which strong, 
 but fallacious, hopes were entertained. 
 
 He returned to Maryland before the close of the year, and 
 remained at home a few weeks only. He then repaired to 
 Philadelphia, and acted with the very important committee 
 charged with the ways and means of fitting out a naval 
 armament. 
 
 The situation of the Maryland delegates was not at this 
 time at all gratifying to their feelings ; Mr. Chase, at least, 
 certainly found it extremely irksome. The convention, in 
 renewing their appointment, had expressly restricted them 
 from voting in favour of a declaration of independence; and 
 however anxious they might be to see such a measure adopted, 
 
70 CHASE. 
 
 they were bound by their acceptance of this limited appoint 
 ment, to withhold from it their active and open support. 
 
 The resolutions of the convention, first disavowing any 
 desire of independence, and enjoining on their delegates to 
 vote accordingly ; then subsequently repeating the same 
 sentiments and instructions, and again finally withdrawing 
 the restriction, are matters of history, and need not be re 
 iterated ; it is sufficient to refer to them to show how slowly 
 the province of Maryland became fully inspired with that 
 spirit of liberty which Mr. Chase, and many others of her 
 sons, had imbibed in so large a degree. 
 
 In the spring of the year 1776, he received an appointment 
 of the highest trust that congress could bestow the mission 
 to Canada, in conjunction with Dr. Franklin and Mr. Car 
 roll; and he gladly accepted it, not only because the services 
 to be performed might be of the most important benefit to the 
 country, but also because it took him away from the necessity 
 of voting either against his instructions or against his con 
 science, in case the question of independence should be speedily 
 agitated in congress. 
 
 Great expectations had been indulged of important advan 
 tages to be gained by this embassy ; indeed, a favourite object 
 with congress from the commencement of the disputes with the 
 British government, had been to rescue Canada from the royal 
 dominion, and attach that flourishing dependency to the conti 
 nental union; or rather, to enable the Canadians to exercise 
 a free choice upon the subject, no doubt being entertained of 
 their desire to join the confederacy. 
 
 The choice of commissioners was made, therefore, with ex 
 treme care, and implied the utmost confidence in the talents, 
 zeal and fidelity of the gentlemen that were selected. Two 
 members only were appointed for this delicate task, Dr. 
 
CHASE. 71 
 
 Franklin, who stood deservedly pre-eminent, and Mr. Chase, 
 then a young man of little experience in public affairs, but 
 known already for extraordinary abilities and the most ardent 
 patriotism. 
 
 To these were added Mr. Charles Carroll of Carrollton, 
 and his brother, afterwards the archbishop of Baltimore, 
 both of whom, it was supposed, would be able to exercise a 
 powerful influence with the catholics in Canada. 
 
 The reverses which hefel the arms of the continentals on 
 the northern frontier, prevented whatever success might 
 otherwise have attended this mission. We are not able to 
 detail the incidents of the journey made by Mr. Chase in the 
 fruitless attempt to fulfil the object of his appointment ; but 
 it is, at least, to be recorded in justice to his fame, that he 
 was selected by congress as the associate of Franklin, in an 
 employment so difficult and momentous. 
 
 When he returned to Philadelphia, he found that the pro 
 position had been actually made to issue a declaration of 
 independence, and his trammels, therefore, sat more uncom 
 fortably upon him than ever. He hungered and thirsted for 
 independence with an eagerness that knew no bounds, and 
 yet was still tied by those ill-timed instructions, and had the 
 mortification to see Maryland holding back when nearly all 
 the rest of the colonies had pronounced their wish for an im 
 mediate renunciation of the royal authority. 
 
 At about this period, an occurrence took place of a very 
 singular nature, which drew forth a display of Mr. Chase s 
 characteristic fearlessness and decision. 
 
 Among the members of congress, there had prevailed the 
 utmost confidence and mutual respect; and although differ 
 ences of opinion existed, there was not supposed to be any 
 want of sincere and faithful attachment to the common cause. 
 
72 CHASE. 
 
 But Mr. Chase discovering, by what means is not known, 
 that the Rev. Dr. Ztibly, a delegate from Georgia, was in 
 correspondence with the royal governor of that province, 
 immediately denounced him to congress as a traitor. Zubly 
 admitted the truth of the accusation by a hasty flight, and 
 measures were instantly taken for his arrest, but without 
 success. 
 
 The proposition still under discussion in congress, respect 
 ing an immediate declaration of independence, was impeded 
 at this time by the instructions against such a measure which 
 had been given by the Maryland convention and the Penn 
 sylvania assembly. The instructions of his constituents 
 were a galling yoke to Mr. Chase. With his characteristic 
 activity, he left his seat in congress, traversed Maryland, 
 and in concert with his colleagues and other friends assem 
 bled county meetings, at which he obtained an expression 
 of sentiments more congenial with his own. The convention, 
 then sitting at Annapolis, could not resist the overwhelming 
 torrent of county addresses; and on the twenty-eighth of 
 June, Mr. Chase wrote to Mr. Adams, the great leader in 
 congress " Friday evening, nine oclock. I am just this mo 
 ment from the house to procure an express to follow the post, 
 with an unanimous vote of our convention for independence. 
 See the glorious effect of county instructions. The people 
 have fire, if it is not smothered." 
 
 The painful restriction on his own vote being now removed, 
 he hastened after the express, came the one hundred and fifty 
 miles, from Annapolis to Philadelphia, on Saturday and Sun 
 day, was in his place on Monday morning, and voted with 
 the majority, which on that day adopted the decisive reso 
 lution. 
 
CHASE. 73 
 
 He was re-elected on the fourth of July, 1776, again on 
 the twentieth of November of the same year, again in Febru 
 ary, 1777, hy the house of delegates, and in Decemher, 1777, 
 by the general assembly. Until the end of the year 1778, 
 he was generally at his post, except occasionally when, for a 
 few weeks, the representation from Maryland being full 
 without him, he turned his attention to his own private or 
 professional affairs ; and during all the time of his attendance, 
 he was constantly chosen a member of all important, as well 
 as many unimportant, committees. The number and variety 
 of the duties devolved upon him by this frequent and almost 
 daily appointment, seem to have been greater than ought to 
 have been imposed on any one man, however industrious 
 and able. The most discordant subjects, whether they were 
 in their nature military, marine, financial, judicial, or po 
 litical, without discrimination or mercy, were thrown upon 
 his attention. 
 
 Urgent as were the calls of his professional duties and 
 private interests, he did not hesitate to break off abruptly 
 from the business in which he might be occupied, during his 
 occasional visits to Annapolis, when he heard of any question 
 being in danger of a wrong decision in congress, or any mea 
 sure of wisdom and urgency requiring his support. 
 
 Thus very soon after he had joined in the vote for indepen 
 dence, having retired for a short interval to the pursuit of his 
 studies and the care of his domestic concerns, he hastened 
 back to Philadelphia on hearing that the plan of a confede 
 ration and a foreign alliance met with opposition and delay. 
 
 The anxiety of his mind on these subjects is plainly to be 
 
 seen in a letter which he wrote to Richard Henry Lee, at 
 
 this time. "I hurried to congress," he says, "to give my 
 
 little assistance to the framing a confederacy and a plan for 
 
 VOL. IV.-K 
 
74 CHASE. 
 
 a foreign alliance ; both of them subjects of the utmost im 
 portance, and which 9 in my judgment, demand immediate 
 despatch. The confederacy has engaged our close attention 
 for a week. Three great difficulties occur ; representation, 
 the mode of voting, and the claims to the south sea. The 
 whole might, in my opinion, be settled, if candour, justice, 
 and the real interests of America, were attended to. We do 
 not all see the importance, nay, the necessity, of a confede 
 racy. We shall remain weak, distracted, and divided in our 
 councils ; our strength will decrease ; we shall be open to all 
 the arts of the insidious court of Britain, and no foreign 
 court will attend to our applications for assistance, before we 
 are confederated. What contract will a foreign state make 
 with us, when we cannot agree among ourselves ? Our army 
 at Ticonderoga consists of six thousand men, of which three 
 thousand are in the hospital, from the small-pox and other camp 
 disorders. Our army at New York contains fourteen thou 
 sand, of which only ten thousand are effective. Our flying 
 camp in the Jerseys has but between three and four thousand 
 troops. No news from general Washington. He writes, 
 twenty-seventh, that eight sail, supposed to be part of lord 
 Howe s fleet, arrived at the Hook that day." 
 
 In the autumn of the year 1776, Messrs. Wilson, Smith, 
 Clymer, Stockton and Chase, were appointed a committee to 
 "devise and execute" measures for effectually re-enforcing 
 general Washington, and obstructing the progress of the 
 British army. 
 
 To obstruct the progress of the British army was in effect 
 the whole business of the government ; the appointment of this 
 committee was, therefore, tantamount to a devolution of the 
 entire powers of congress into the hands of a directory of 
 
CHASE. 75 
 
 five men, and was intended as an alternative from conferring 
 unlimited authority upon the commander in chief. 
 
 Pressing and important as were the duties of this executive 
 committee, which, however, they soon found they could not 
 fulfil, Mr. Chase was not therefore excused from giving his 
 labour to other subjects. The removal to Baltimore, which 
 occurred soon after, and the resolution providing that "gene 
 ral Washington be possessed of full power to order and direct 
 all things relative to the .department of war," superseded the 
 executive committee and relieved them from a most embar 
 rassing and perplexing task. 
 
 Another committee, of which he was a member, was ap 
 pointed to devise means for suppressing the internal enemies 
 of the union, and was obliged to notice the obnoxious con 
 duct of the quakers, and to consider how far it was requisite 
 to adopt strong measures in respect to them. The dangers 
 of the period, and the magnitude of the stake, induced the 
 committee to recommend, and congress to adopt, a measure 
 that seems at this distance of time to have been harsh, but 
 which was doubtless considered indispensably! necessary at 
 that crisis. This was the apprehension of several respecta 
 ble members of the society of Friends at Philadelphia and 
 elsewhere, and also the imprisonment of other persons whose 
 conduct or conversation was exceptionable. This report and 
 the agency which Mr. Chase had in its preparation and adop 
 tion, may have been the original cause of his thinking less 
 unfavourably than a majority of his countrymen, at a much 
 later period, of the sedition law, as it was called, which was 
 founded on the same principle as these resolutions of the re 
 volutionary congress, although it met with so very different 
 d reception from the American people. 
 
76 CHASE, 
 
 The reasons which Mr. Chase and the other members of 
 tlw committee presented to congress, in support of their re 
 commendation, were, "that ttie several testimonies which 
 have been published since the commencement of the present 
 contest betwixt Great Britain and America, and the uniform 
 tenor of the conduct and conversation of a number of persons 
 of considerable wealth, who profess themselves to belong to 
 the society of people called Quakers, render it certain and 
 notorious that those persons are with much rancour and bit 
 terness disaffected to the American cause : that as these per 
 sons have it in their power, so there is no doubt it will be 
 their inclination, to communicate intelligence to the enemy, 
 and in various other ways to injure the counsels and arms of 
 America. 
 
 "That when the enemy, in the month of December, 1776, 
 were bending their progress towards the city of Philadelphia, 
 a certain seditious publication, addressed To our friends and 
 brethren in religious profession in these and the adjacent pro 
 vinces, signed John Pemberton, in and on behalf of the 
 meeting of sufferings held at Philadelphia, for Pennsylvania 
 and New Jersey, the twenty-sixth of the twelfth month, 1776, 
 was published, and as your committee is credibly informed, 
 circulated amongst many members of the society called Qua 
 kers, throughout the different states : 
 
 "That the seditious paper aforesaid originated in the city 
 of Philadelphia, and the persons whose names are mentioned 
 have uniformly manifested a disposition highly inimical to 
 the cause of America." 
 
 The committee, therefore, recommend that the persons of 
 several well known quaker gentlemen should be "secured," 
 together with such papers in their possession as might be of 
 a political nature. And they add, that " whereas there is 
 
CHASE. 77 
 
 strong reason to apprehend that these persons maintain a 
 correspondence and connexion highly prejudicial to the pub- 
 lic safety, not only in this state, but in the several states of 
 America : 
 
 "That it he recommended to the executive powers of the 
 respective states, forthwith to apprehend and secure all per 
 sons, as well among the people called Quakers as others, who 
 have in their general conduct and conversation evidenced a 
 disposition inimical to the cause of America: and that the 
 persons so seized ho confined in such places, and treated in 
 such manner as shall he consistent with their respective cha 
 racters and security of their persons: 
 
 " That the records and papers of the meetings of sufferings 
 in the respective states, he forthwith secured and carefully 
 examined, and that such parts of them as may he of a political 
 nature, be forthwith transmitted to congress." 
 
 However severe this treatment of the members of a sect 
 generally unoffending, and far from seditious, may appear at 
 first view, there was certainly much provocation given by 
 the quakcrs in their publications prior to this time, intended to 
 thwart and discredit the plans of congress ; besides the detec 
 tion of a systematic scheme of communication with the enemy, 
 which had been put in practice by a monthly meeting in New 
 Jersey. 
 
 The testimony published by order of a general meeting of 
 the quakers of Jersey and Pennsylvania and by subordinate 
 meetings, also contained many seditious sentiments, which 
 were of course widely circulated, and which congress could not 
 but feel to be at the same time insulting and injurious. 
 
 Thus in the beginning of the year 1775, they had published 
 an address or testimony, in which they say, in reference to 
 the revolutionary movements which had then taken place, " we 
 
78 CHASE. 
 
 have, by repeated public advices and private admonitions, 
 used our endeavours to dissuade the members of our religious 
 society from joining with the public resolutions promoted and 
 entered into by some of the people, which as we apprehended, 
 so we now find have increased contention, and produced 
 great discord and confusion. 
 
 66 We are, therefore, incited by a sincere concern for the 
 peace and welfare of our country, publicly to declare against 
 every usurpation of power and authority, in opposition to the 
 laws and government, and against all combinations, insur 
 rections, conspiracies, and illegal assemblies." 
 
 Again, in the commencement of 1776, they concluded an 
 eloquent anti-revolutionary address in these words, "may 
 we firmly unite in the abhorrence of all such writings and 
 measures, as evidence a desire and design to break off the 
 happy connexion we have heretofore enjoyed with the king 
 dom of Great Britain, and our just and necessary subordi 
 nation to the king, and those who arc lawfully placed in 
 authority under him." 
 
 Subsequently to the Declaration of Independence, they 
 persevered in the use of the same offensive language, exhort 
 ing their members to "withstand and refuse to submit to the 
 arbitrary injunctions and ordinances of men who assume to 
 themselves the power of compelling others, either in person 
 or by other assistance, to join in carrying on war." 
 
 They also complained bitterly, and perhaps not without 
 cause, of having their blankets taken from them, under re 
 quisitions and to such an extent of deprivation as to be in 
 danger of wanting " that needful covering in a cooler sea 
 son." And that their houses had been stripped of the leaden 
 weights by " order of those who have in these tumultuous 
 times absumcd the rule." 
 
CHASE. 79 
 
 But the heaviest grievance which they suffered seems to 
 have been the inconvenience they were put to in consequence 
 of refusing to keep the appointed fast days, or to celebrate 
 the first anniversary of the declaration of independence. 
 
 "The houses of several Friends," they said, "have been 
 wantonly abused, and their windows broke and destroyed by 
 a rude rabble, for not joining with the present rulers in their 
 pretended acts of devotion, and conforming to their ordinan 
 ces in making a show of that sort, in shutting up our houses 
 and shops, professedly to observe a day of humiliation, and to 
 crave a blessing on their public proceedings, but evidently 
 tending to spread the spirit of strife and contention. 
 
 "The like abuses and wanton destruction of our property 
 hath lately been repeated, because Friends could not illumi 
 nate their houses, and conform to such vain practices and 
 outward marks of rejoicing, to commemorate the time of these 
 people s withdrawing themselves from all subjection to the 
 English government, and from our excellent constitution, 
 under which we long enjoyed peace and prosperity." 
 
 Before passing from this view of Mr. Chase s congressional 
 services, which we have seen were not surpassed by those of 
 any other member, it may be excusable to set forth, in part, 
 a most eloquent state paper which he drafted shortly before 
 he relinquished his seat in congress. 
 
 In the spring of 1778, intelligence was received of the in 
 tention of the British parliament to pass certain acts, called 
 conciliatory bills, providing for the appointment of commis 
 sioners to treat with the Americans. Congress were very 
 jealous of the operation of this news upon the zeal and deter 
 mination of the people, and had no faith in the sincerity of the 
 ministry, whom they suspected of a design to divide and 
 distract, but not to conciliate. 
 
80 CHASE. 
 
 These drafts of intended bills were industriously, but RC- 
 cretly circulated by tlie tories, until congress caused tbem to 
 be published, and circulated at tho same time a countervail 
 ing address. The preparation of this paper was intrusted 
 to Mr. Chase, Mr. Richard Henry Lee, and Mr. Gouverneur 
 Morris, and the actual composition of it was left to Mr. 
 Chase, and is marked by the nervousness of style and direct 
 ness of assertion that characterized his writing and conver 
 sation. With less of rhetorical elegance than is found in 
 the preceding addresses, particularly that of the year 
 1774, composed by Mr. Lee, it is not less persuasive and 
 eloquent. 
 
 " Three years had now passed away," thus it begins, 
 " since the commencement of the present war, a war with 
 out parallel in the annals of mankind. It hath displayed a 
 spectacle, the most solemn that can possibly be exhibited. 
 On one side, wo behold fraud and violence labouring in the 
 service of despotism ; on the other, virtue and fortitude 
 supporting and establishing the rights of human nature. 
 
 After a vivid and faithful picture of the war, from its com 
 mencement to the time then present, the unwillingness with 
 which the colonists took up arms, the unprepared and de 
 fenceless condition of the country, the immense power of the 
 enemy, their cruelty to prisoners, their employment of sa 
 vages, their exciting the negroes to murder the whites, the ill 
 success of all their efforts, and finally, their insidious attempt 
 to lull the Americans into a false security, the address touches 
 upon the better prospects that had opened to their view : 
 " At length," it is urged, " that God of battles, in whom 
 was our trust, hath conducted us through the paths of danger 
 and distress to the thresholds of security. It hath now be 
 come morally certain, that, if we have courage to persevere, 
 
CHASE. 81 
 
 we shall establish our liberties and independence. The 
 
 haughty prinre, who spurned us from his feet with contume 
 ly and disdain, and the parliament which proscribed us, 
 now descend to offer us terms of accommodation. Whilst in 
 the full career of victory, they pulled off the mask, and 
 avowed their intended despotism. But having lavished in 
 vain the blood and treasure of their subjects in pursuit of this 
 execrable purpose, they now endeavour to ensnare us with 
 the insidious offers of peace. They would seduce you into a 
 dependence, which necessarily, inevitably leads to the most 
 humiliating slavery." 
 
 The address then argues against reposing any trust in the 
 conciliatory professions of the enemy, and calls on the people 
 to make one strenuous effort more, which it promises will 
 be sufficient ; and concludes with an anticipation of the pros 
 perity that would follow an honourable peace. 
 
 " If you exert the means of defence which God and nature 
 have given you, the time will soon arrive, when every man 
 shall sit under his own vine and under his own fig tree, and 
 there shall be none to make him afraid. 
 
 " The sweets of a free commerce with every part of the 
 earth will soon reimburse you for all the losses you have 
 sustained. The full tide of wealth will flow in upon your 
 shores, free from the arbitrary impositions of those, whose 
 interest and whose declared policy it was to check your 
 growth. Your interests will be fostered and nourished by 
 governments, that derive their power from your grant, and 
 will therefore be obliged, by the influence of cogent necessity, 
 to exert it in your favour." 
 
 In order to disseminate this address the more widely the 
 ad of the pulpit was invoked, and it was recommended to 
 ministers of the gospel, of all denominations, to read it im- 
 VOL. IV L 
 
82 CHASE. 
 
 mediately after divine service in their respective churches, 
 chapels and other places of public worship. 
 
 The hall of congress was no place for the display of vehe 
 ment or passionate oratory. Sitting with closed doors, and 
 without reporters or published journals, there was no temp 
 tation to speak, except for the purpose of convincing the 
 judgments of the thirty or forty sedate and thoughtful pa 
 triots, who were not to be moved by declamation nor seduced 
 by the graces of rhetoric. 
 
 Yet it was said of Mr. Chase, that on some occasions in 
 debate, his ardour transported him far beyond the simple 
 logic that the place seemed to require. In the Maryland 
 house of delegates, of which he had been a member for seve 
 ral years before he appeared in congress ; and also in the 
 election contests, which were carried on with great anima 
 tion, he had improved to a high degree of excellence his 
 powers of energetic, forcible delivery. In the language of 
 party he was, therefore, styled the Demosthenes of Mary 
 land ; and it was reported of him that he anticipated in con 
 gress the regular proposition of independence, by the most im 
 passioned and vehement exclamation, that " by the God 
 of heaven, he owed no allegiance to the king of Great Bri 
 tain." 
 
 Ardent, active and undaunted he certainly was, not only 
 in congress, but every where, in the cause of freedom, from 
 his very entrance upon the stage of manhood until the con 
 summation of his wishes in the peace and the acknowledg 
 ment of independence ; and equally undaunted, ardent and 
 active in the support of what he considered just senti 
 ments and correct principles, during the latter part of his 
 life. 
 
CHASE. .83 
 
 His habits of study were never intermitted, except when 
 they gave way to the calls of public duty. He found time, 
 in the midst of all the anxieties and agitations of the revolu 
 tion, to make himself a very accomplished lawyer; and 
 never lost his rank as such among competitors who had given 
 much less of their attention to affairs so disconnected with 
 their professional advancement. 
 
 To the pursuit of eminence and honest profit at the bar, he 
 devoted the last two or three years of the war ; and in a pri 
 vate station hailed the return of peace and the establishment 
 of secure independence. 
 
 In the year 1783, an incident occurred that, both on account 
 of the importance of its consequences and the strong light in 
 which it displays the warmth of feeling and keen penetration 
 of Mr. Chase, ought not to be omitted. 
 
 Being in Baltimore, he was induced to attend, as an audi 
 tor, the meeting of a debating club, composed chiefly of stu 
 dents and very young men. Among the speakers there was 
 one whose excellent style of delivery, fine voice, and strength 
 of argument, particularly caught his attention. He spoke to 
 the youth after the debate had closed, and found he was frortl 
 Annapolis, and had been placed with a physician and apothe 
 cary in Baltimore, where he compounded medicines, and ex 
 pected to receive instruction in pharmacy and medical prac 
 tice. Mr. Chase advised him to study law, and encou 
 raged him to hope for success in the legal profession. To this 
 the youth replied, that he could not afford to go through the 
 preparatory course of study, being entirely without means, 
 and having no dependence except upon his own immediate 
 exertions. Mr. Chase, with the sympathy of kindred genius, 
 felt for the friendless youth an instantaneous regard, and per 
 ceiving at once the indication of great native powers, resolv- 
 
84 CHASE. 
 
 ed that a mind so highly gifted should not languish in ob~ 
 scurity ,; he therefore invited the young man to the benefit of 
 his library, his instruction, and his table; and urged upon 
 him the immediate acceptance of the offer so earnestly, that 
 it was promptly and gladly accepted, and the fortunate youth 
 repaired to Annapolis, where he became established in the 
 office of his generous benefactor. 
 
 This young man was William Pinkney, afterwards the 
 eloquent attorney general of the United States, minister suc 
 cessively at the courts of London, Naples, and St. Peters- 
 burgh, and the most distinguished lawyer in America. 
 
 The state of dependence which young Pinkney was obliged 
 for a while to endure, subjected him to many mortifications, 
 arising from the pride and the prejudices of his associates, 
 but could they, or he, have looked forward to tlu brilliant 
 destiny that awaited him, their pride and his distress would 
 equally have vanished. Under the pressure of such feelings 
 as his peculiar relation towards Mr. Chase excited, he wrote 
 to him in these terms. " Never, sir, in writing to any per 
 son, did I find myself so much at loss for a subject. I \vish 
 to say something worthy of your attention, but the very 
 eagerness of that wish damps my abilities for doing it. But 
 there is one point upon which I cannot but enlarge ; it touches 
 me so sensibly that I am filled with the deepest regret every 
 time I reflect on it. 
 
 "The greater part of the students belonging to the law 
 seem to be my enemies, for what reason, heaven knows ! To 
 some I may have given cause, to others, I am certain none. 
 You, sir, with all your discernment can hardly conceive the 
 uneasiness of my situation; destitute! friendless! and un 
 happy ! Opposed by all, supported by none ! troubled with a 
 thousand domestic vexations! oh! be my patron and my 
 
CHASE, 85 
 
 friend! Assist me to struggle through my difficulties, and 
 kindly smooth the rugged path hefore me! 
 
 "You, give me leave to say, sir, know what it is to climb 
 the steepy road to eminence, your merit encountered many 
 an adverse shock, but you surmounted all ; my poverty and 
 singular backwardness of genius are too powerful obstacles 
 for me to combat. To you, then, I look up as my guardian 
 genius, my protector, my prop ; do not let me be deceived, 
 do not let me be disappointed. Pardon this incoherent scrawl. 
 I have been lately extremely ill, and am but just recovering : 
 weakness prevents me from proceeding farther than to wish 
 you uninterrupted health, together with 
 
 * The soul s calm sunshine, and the heartfelt joy. " 
 
 This letter was written while Mr. Chase was in England, 
 to which country he had gone at the request, and on behalf 
 of the state of Maryland, for the purpose of urging a claim 
 to certain bank stock, in which a large amount of the funds 
 of the former colony had been invested before the revolution. 
 
 In the month of June, 1783, the legislature of Maryland 
 passed an act " concerning the stock of the bank of England 
 belonging to this state," by which it appears that there 
 had been a large sum of money, besides bank stock, belong 
 ing to the state, left in the hands of an agent in London. 
 The general assembly thought it expedient to take measures 
 to obtain this money, or the stock in which it had been in 
 vested, and by this act, authorized the governor and council 
 to appoint, " in the name and behalf of the state, some discreet 
 person of abilities and address, to be agent and trustee " for 
 such purpose. Mr. Chase was selected for this employment, 
 and was promised a commission, not exceeding four per cent. 
 
86 CHASE. 
 
 on the nett sum recovered, in full satisfaction for all his trou 
 ble ; and no expenses were to be paid by the state, if he should 
 be unable to obtain the stock. 
 
 He proceeded to London, and instituted a suit in chancery 
 there, for the transfer of the stork, but did not remain to see 
 the result. Before his return, however, he had put the claim 
 in a train for the adjustment which was finally made, after 
 Mr. Pinkney had joined his efforts in the same cause. The 
 amount eventually recovered through this negotiation, was 
 about six hundred and fifty thousand dollars. 
 
 Mr. Chase remained less than a year in England, during 
 which time he gratified a rational, and, it may be said, a pro 
 fessional curiosity, in observing the proceedings of the various 
 courts of justice and the two houses of parliament. He made 
 many interesting acquaintances among gentlemen of the bar, 
 and those of parliamentary or literary celebrity ; and the in 
 telligence, frankness, fine flow of spirits, and remarkable 
 powers of conversation which distinguished the American 
 patriot and lawyer, made a most agreeable impression on the 
 British statesmen and barristers to whom he became known. 
 
 He was a close observer of all that he saw, even of many 
 particulars of taste and fashion, which a man of his great 
 strength of mind, and habit of applying his attention to great 
 national subjects, would scarcely be supposed to notice. For 
 example, he wrote, for the amusement of his family, a very 
 minute description of the appearance of the royal family at 
 the theatre, from which we cite a passage, not on account of 
 the dignity or interest of the subject, but as a proof of the 
 minuteness of his observation. 
 
 "The king was dressed in a plain suit of clothes with gold 
 buttons, with a large black ribbon across his breast. The 
 queen in white satin, her head dress ornamented with a great 
 
CHASE. 87 
 
 number of diamonds. The princess royal was dressed in a 
 white and blue figured silk, and the princess Augusta in a 
 rose coloured and white silk, of the same pattern with her 
 sister s ; having both their head dresses ornamented with 
 diamonds. The prince of Wales wore a suit of dark blue 
 Genoa velvet, richly trimmed with gold lace. The royal 
 family were seated under three state canopies ; their ma 
 jesty s was a domo, covered with crimson velvet, surrounded 
 by an elegant cornice and mouldings, carved and gilt with 
 burnished gold, under which was hanging a drapery of crim 
 son velvet tied up with gold knots and tassels ; and above 
 that a drapery roller, the whole trimmed with rich gold laco, 
 and fringed and ornamented with embroidered stars, par 
 terres, &c. &c. of various colours. On a rising pedestal 
 from the domo, were a lion and unicorn, carved and gilt, 
 couchant, supporting a very brilliant crown proper. The 
 front of the box, raised by a platform projecting on the stage, 
 was covered with crimson velvet, laced and fringed, in the 
 centre of which were the royal arms, supporters and motto, 
 most elegantly and beautifully embroidered on foils of their 
 own proper colour, terminating on each side with scrolls and 
 parterres in the same manner. From the capping hung a fes 
 toon, vallon, laced, fringed and decorated with embroidered 
 stars. The inside of the box (which was very spacious) 
 was hung with crimson satin, laced with gold, and the chairs 
 were cabrioles, carved, gilt, and covered with crimson velvet. 
 The queen sat on the left hand of the king, next the stage ; 
 two ladies, one the duchess of Ancaster, attended on and stood 
 behind the queen, two noblemen attended on and stood behind 
 the king." 
 
 He passed much of his time while in England in the society 
 of the most eminent lawyers ; was frequently in company with 
 
88 CHASE. 
 
 the rival statesmen Pitt and Fox ; and had the gratificati6n of 
 being the guest of Edmund Burke, for one delightful week, at 
 Beaconsfield. 
 
 On the third of March, 1784, at London, he was united to 
 his second wife, Miss Hannah Kitty Giles, the daughter of 
 Dr. Samuel Giles, of Kentbury ; and soon after this event 
 he returned to America. 
 
 The incidents of this agreeable residence in England, 
 formed the theme of many of his conversations in his latter 
 years. He recurred always with pleasure to his intercourse 
 with the remarkable personages of that country. But he 
 did not seem to have acquired any admiration of the British 
 government, which he ever spoke of as corruptly, though 
 ably, administered. 
 
 His compensation having been contingent, and the delays 
 of chancery proceedings having made it impossible for him 
 yet to see the issue of his labours, he returned much impover 
 ished, and recommenced the practice of the law. 
 
 His fidelity in the business with which he had been charged, 
 Was recognized by a " supplement to the act concerning the 
 stock of the bank of England," passed in November, 1784, 
 in which the legislature ratified and confirmed his proceed 
 ings, and authorized him to promote the suit which he had 
 instituted, investing him with every power necessary for that 
 purpose, and engaging to abide by the decision. He also 
 received the approbation of the state of Maryland, expressed 
 in the following resolution, viz : 
 
 "That it is the opinion of this general assembly of Mary 
 land, that Samuel Chase, in conducting and negotiating the 
 affairs of this state, lately intrusted to his care as agent, hath 
 manifested great zeal and fidelity, diligence and ability, and 
 ?, vigilant attention to the honour and interest of this govern- 
 
CHASE. 89 
 
 ment, and that his said conduct merits, and therefore hath 
 the approbation of this general assembly." 
 
 In the year 1786, he removed from Annapolis to Baltimore. 
 The occasion, or at least a part of his inducement, was the 
 pressing invitation and generous proposal of his friend colo 
 nel Howard, the distinguished soldier of the revolution, whose 
 heroism at the battle of the Cowpens has identified his fame 
 with the just pride of our nation. 
 
 Colonel Howard possessed a large estate in the immediate 
 vicinity of Baltimore, on which a portion of the city has 
 since been built ; and being anxious for the improvement of 
 the town, and highly appreciating the possible acquisition 
 of such a man as Mr. Chase to his neighbourhood, libe 
 rally offered him a square of ground, without any other con 
 sideration than the actual residence of himself and family 
 upon it. 
 
 Colonel Howard s written proposal was dated the thirteenth 
 of February, 1786, and is in these words : " Sir I understand 
 you have determined to remove to Baltimore town, which I 
 approve and would encourage. I will convey to you, in fee, 
 one square of ten lots of my land, near the square laid out and 
 intended for the public buildings, without any consideration ; 
 and if the seat of government should be removed, and the pub 
 lic buildings shall be erected on my land, in such case I will 
 convey to you, in fee, another square of ten lots, adjoining 
 the square above mentioned, without any consideration." 
 
 This singular offer, characteristic alike of the liberality of 
 colonel Howard and the estimation in which he held the in 
 fluence of Mr. Chase, was immediately accepted; the square 
 was laid out between Eutau, Lexington, Fayette and Paca 
 streets, the conveyance was regularly made, and Mr. Chase 
 VOL. IV. M 
 
90 CHASE. 
 
 built on this site the house of his permanent abode, where he 
 lived and died, and which he left to his descendants. 
 
 At the time of his removal from Annapolis he received an 
 affectionate compliment from the corporation of that city, 
 of which he had been the recorder. It was dated the seventh 
 day of September, 1786, and was expressed in these words: 
 " Sir The mayor, aldermen and common councilmen of the 
 city of Annapolis, impressed with a due sense of the services 
 rendered to this corporation by you, in the capacity of re 
 corder thereof, do take this occasion to assure you of their 
 entire approbation of your conduct, in the performance of 
 the duties of that trust, and to acknowledge your ready exer 
 tion at all times to promote the interest and welfare of this 
 city. They sincerely regret the occasion of this address, 
 as your removal from the city of Annapolis will deprive this 
 body of a faithful and able officer, and the city of a valuable 
 citizen. You have our warmest wishes for your happiness 
 and welfare." 
 
 To this very kind and complimentary address Mr. Chase 
 made the following reply: "The address of the mayor, alder 
 men and common councilmen of this city, presented me this 
 day, affords me just pleasure, as I flatter myself they speak 
 the genuine sentiments of the citizens. As recorder of the 
 city, duty and inclination urged me to enforce a due obedi 
 ence to the by-laws, and assist in the framing of ordinances 
 for the regulating the police of the city. In the discharge of 
 this duty, I ever received the ready assistance of my brethren 
 on the bench, and of the other members of the corpora 
 tion, and but a small portion of merit is due to me. My 
 abilities have been much over-rated by the corporation ; I 
 only wish they had been equal to my inclination to serve 
 them. 
 
CHASE. 9i 
 
 "As one of the delegates of Annapolis, my public powers 
 were exerted on all occasions to promote the interest and 
 welfare of the city; and supported by my colleagues, my 
 endeavours were in some instances crowned with success. 
 I feel myself amply rewarded by the approbation of the body 
 over whom you have the honour to preside. There can be 
 nothing more agreeable to a public character, than to receive 
 the public approbation of his conduct, from those who speak 
 the collected and unbiassed sense of his constituents ; and 
 it is the only reward a free and virtuous people can bestow, 
 and the only one an honest representative can expect. 
 
 "Be pleased to present the corporation my warmest 
 wishes for their prosperity, and I sincerely hope that the 
 city of Annapolis may be for ever distinguished for the 
 harmony and friendship, the benevolence and patriotism of 
 its citizens." 
 
 In the year 1788 a new court of criminal jurisdiction was 
 organized, for the county and town of Baltimore, of which 
 Mr. Chase was named the presiding judge. This office 
 being similar to that of recorder, which lie had held at An 
 napolis, did not preclude him from the exercise of his pro 
 fession. He continued at the bar, and served also in the 
 convention which ratified, on the part of Maryland, the new 
 federal constitution 5 but in the year 1791, on the resigna 
 tion of Thomas Johnson, he finally relinquished the practice 
 of the law, in accepting the appointment of chief justice of 
 the general court of Maryland. 
 
 The attractions of judicial station seem to be irresistible. 
 The acceptance of it generally involves a sacrifice in point 
 of income, and the relinquishment of an honourable profes 
 sion, for a position of great labour, vexation and responsi 
 bility ; yet such appointments are seldom refused. Mr. 
 
92 CHASE. 
 
 Chase was still in the meridian of life, and possessed of 
 talents and acquirements that ensured a lucrative career at 
 the bar. But he unhesitatingly gave up the prospect of pro 
 fessional eminence, together with the opportunities of politi 
 cal distinction which his character and situation would have 
 afforded, and chose his reputation as a judge the chief cri 
 terion according to which his name must be estimated by 
 posterity. 
 
 When the new constitution went into operation, judge 
 Chase was not at first altogether pleased with the state of 
 public affairs. His construction of the relative powers of 
 the president and the senate, in respect to appointments, 
 would seem singular at this time. Our ideas of the consti 
 tution are now formed more generally from observing its 
 actual operation, than by study of its written provisions ; 
 but, in the beginning of its existence the letter of the instru 
 ment was the only guide, and looking to that alone, he sup 
 posed it would be the duty of the president to submit a list 
 of candidates for each office to the senate, who would make 
 the selection out of this number, and so determine the ap 
 pointment. 
 
 In some particulars he seems to have found cause for 
 dissatisfaction ; thus he wrote to Mr. Lee in July, 17S9: "I 
 sometimes see debates in the lower house of parliament, but 
 none in the senate. I hear their doors are locked ; if true, I 
 am sorry for it. I retain my republican principles, although 
 our government, and the principles of the people, are 
 changed, and are monarchical. I approve of the amend 
 ments of the senate to the impost bill: the duties are yet too 
 high, and experience will prove it. I think the subject of 
 the bill ought to have been divided: duties for revenue ; duties 
 for the regulation of trade ; and duties to encourage manu- 
 
CHASE. 93 
 
 factures, if you have any power by the constitution to impose 
 taxes or duties for these purposes. I perceive hy the bill 
 for the establishment of the judicial courts, that the jury 
 trial is secured. If the jury trial depends on a law, I sup 
 pose it may be modified, or taken away by another law. I 
 think the bill is ably drawn. I think there are some defects. 
 The circuit courts ought not to have jurisdiction of cases 
 under eight hundred dollars. The district court ought to 
 have jurisdiction of juries to the amount of eight hundred 
 dollars. The same persons ought, on no account, to be 
 judges of law and equity. The restriction on the jurisdic 
 tion of the courts of equity will rentier the court useless in a 
 thousand instances, in which it ought to have jurisdiction. 
 It is difficult to define its jurisdiction, but the limitation will 
 do great injury. I have written my idea of a proper clause, 
 pointing out in what cases the equity courts shall have juris 
 diction, to Mr. Housy. I consider the district court as the 
 most useful and important ; the superior court as the most 
 honourable and profitable. If it is intended to give the 
 district judge jurisdiction of prizes in time of war, his office 
 will be very important, and will require considerable abili 
 ties, as well as integrity. I say if intended, because it is 
 omitted. 5 
 
 A few years after this time, the unhappy dissension arose 
 which divided this nation into parties, called federal and 
 anti-federal, or federal and democratic. 
 
 The federal party was charged with entertaining aris 
 tocratic notions, and partialities for England; and with 
 desiring to strengthen the executive branch of the govern 
 ment, and to depress the rights or disregard the will of the 
 people. 
 
94 CHASE. 
 
 We have seen in the letter just cited, what were judge 
 Chase s general sentiments on the subject of the constitution, 
 which even with his construction of the executive powers, he 
 considered not sufficiently democratical. 
 
 "We have seen also, in the events of his early years, how 
 devotedly he served the cause of the people against the 
 oppressions of the aristocracy and the royal power. 
 
 As to his feelings towards the British nation, there is 
 proof, besides the evidence which his actions afforded, that 
 he had imbibed, instead of partiality and attachment, a deep 
 rooted and perhaps excessive animosity. Speaking of the 
 contest between England and France, in a letter to an intimate 
 friend, he said, " I wish most cordially to see that proud, 
 wicked and tyrannical nation," meaning England, "reduced to 
 beg terms of peace from her ancient and inveterate enemy." 
 
 With these principles and sentiments, neither changed nor 
 enfeebled, he became a zealous and unwavering federalist, 
 and continued to the end of his life firmly and ardently at 
 tached to that party to which views and feelings so opposite 
 to his own have been so often and positively ascribed. 
 
 If there be any mystery in this, it is not our province to 
 explain it. We may venture, however, to suggest, that the 
 future historian of this country, looking back on the distrac 
 tions and heats of the period to which we refer, will record 
 many instances of pure patriotism and true republicanism on 
 each side of the party line ; and will say that a deal of strife 
 and asperity arose out of questions possessing little intrinsic 
 importance ; that the parties misunderstood each other ; and 
 quarrelled only about men, when they thought they were con 
 tending for principles. 
 
 Whether as an exception to a general rule, however, or as 
 an example of a whole sect, it is not for us to decide, but 
 
CHASE. 95 
 
 
 
 .. 
 
 certainly judge Chase was at the same time a sincere patriot, 
 a true republican, no lover of England, and yet a decided, 
 warm, and unwavering federalist. 
 
 His political opinions being founded on honest feelings, his 
 ardent temperament did not suffer him to remain a lukewarm 
 politician, in a period of universal excitement. He therefore 
 expressed himself freely and forcibly on the subject at all 
 times, and made many enemies by so doing. 
 
 In the year 1794, some excitement of popular indignation 
 at Baltimore, occasioned a disgraceful riot, in which two 
 men were tarred and feathered in the street. Judge Chase 
 took a stand on this occasion highly honourable to his firm 
 ness, and his resolute determination to assert^the supremacy 
 of the law. Holding at this time, the office of chief judge of 
 the criminal court, he took measures for an investigation of 
 the outrage; and caused two men, of very respectable stand 
 ing, and great popularity with the ruling party, to be arrested 
 as ringleaders. 
 
 The court room was crowded by many who had taken ac 
 tive parts in the riot, and hundreds of the same character 
 were about the court house, with drums and fifes, and with 
 colours flying. The persons arrested refused to give surety 
 to appear at the next court "Then," said the judge, "you 
 must go to jail." One of the most opulent citizens proposed 
 himself as surety, but the prisoner refused permitting it, 
 when the judge ordered the sheriff to take him to prison ; the 
 sheriff replied that he could not take him ; the judge then 
 told him to summon the posse comitatus to his assistance ; it 
 was answered, he could get no one to serve, the judge then 
 said, "summon me, sir, I will be the posse comitatus, I will 
 take him to jail." A member of the bar, of the first re 
 spectability, then addressed the judge, advising him to pass 
 
96 CHASE. 
 
 over the affair, and intimating to him, that he apprehended 
 his life and property were in danger. "God forbid," was 
 the emphatic reply of the judge, " that my countrymen should 
 ever be guilty of so daring an outrage ; but, sir, with the 
 blessing of God, I will do my duty, they may destroy my 
 property, they may pull down my house over my head, yea, 
 they may make a widow of my wife, and my children father 
 less, the life of one man is of little consequence compared to 
 the prostration of the laws of the land with the blessing of 
 God, I will do my duty, be the consequences what they 
 may." He gave the parties time to reflect upon the impor 
 tance and propriety of yielding, and appointed the next day 
 to meet them. It was observed that the morrow would be 
 Sunday "No better day," replied judge Chase, "to exe 
 cute the laws of our country ; I will meet you here, and then 
 repair to the house of my God !" Not obtaining security for 
 their appearance on Sunday, he sent an express to the go 
 vernor and council, on that day, calling for the support of 
 the state. On Monday, lie was waited upon by three of the 
 most wealthy and respectable citizens of Baltimore, to re 
 quest him to desist, and give up the point, apprehending 
 serious consequences to the city: He replied to them with 
 great warmth, asked if they meant to insult him by supposing 
 him capable of yielding the law to two obstinate men. They 
 left him, and a few hours after, as the judge was going to 
 court, the persons charged met him in the street, and con 
 sented to give the security. When the court met, the grand 
 jury refused to find a bill against the parties accused, and 
 delivered a presentment againt Mr. Chase. 
 
 The presentment of the grand jury comprises only two 
 specific charges against the judge. First, of having insulted 
 them by openly censuring the sheriff for returning so bad a 
 
CHASE. 97 
 
 jury. And, secondly, of having violated the bill of rights, 
 by accepting and exercising, at the same time, two different 
 offices, chief judge of the criminal court, and chief judge of 
 the general court of the state. 
 
 The reply of judge Chase was marked by temperate mo 
 deration and firmness. He gently reminded them how much 
 they had gone beyond the proper sphere of their duties, in 
 meddling with such subjects as the holding two offices, and 
 justified his censure of the sheriff as well founded, to the 
 extent that he had actually uttered it. 
 
 In the conclusion of this reply he told the jury, "you will, 
 gentlemen, continue to do your duty, and I shall persevere 
 in mine; and you may be assured that no mistaken opinion 
 of yours, or resentment against me, will prevent my having 
 respect for you as a body." 
 
 In the year 1796, he was appointed by president Washing 
 ton to the office of an associate judge of the supreme court of 
 the United States. In this exalted station he continued 
 about fifteen years, distinguished by the dignity and ability 
 with which he performed its functions. 
 
 His decisions were seldom if ever reversed, his ability was 
 conspicuous, his industry and integrity were unquestioned ; 
 his legal opinions and instructions to juries were marked by 
 sound sense, clear demonstrative logic, discrimination and 
 learning ; expressed in perspicuous language, and delivered 
 with remarkable impressiveness of manner. 
 
 He may fairly be said to have been a great judge ; and 
 was pronounced by a very distinguished lawyer of the Phil 
 adelphia bar, who was not his personal nor political friend, 
 the " greatest" that he had ever seen ; meaning, by that 
 often misapplied term, the most prompt, sagacious and 
 learned. 
 
 Voi. IV N 
 
98 CHASE. 
 
 Yet with all this well deserved reputation, and notwith 
 standing the gratitude due to him from this nation, he was 
 impeached by the house of representatives, tried before the 
 senate on charges of high misdemeanor, and narrowly es 
 caped condemnation. 
 
 The true cause of this incident in his life is to be found in 
 his habit of unreservedly expressing opinions on national po 
 litics, and censuring freely where he thought censure was 
 deserved. 
 
 In the year 1800, he held the circuit court, along with 
 judge Peters, the district judge, at Philadelphia ; where 
 among the prisoners to be tried was John Fries, who had 
 been charged with treason in raising an insurrection against 
 the general government. 
 
 Fries had already been tried and convicted before judges 
 Iredell and Peters ; but a new trial had been granted on ac 
 count of some irregularities on the part of a juryman. The 
 prisoner had been strenuously defended by Mr. Lewis and Mr. 
 Dallas, lawyers of distinguished talents, who had rested his 
 cause on a point of law, and admitting or faintly denying 
 the facts, had contended that all his misdeeds fell short of 
 the legal definition of treason. 
 
 The court had on that occasion given an elaborate judg 
 ment on the law of treason, which had been the subject of 
 much discussion among judges and lawyers, as the trial had 
 excited strong public interest. 
 
 When the session of the court was approaching, judge 
 Chase having considered the subject, and made up his mind 
 fully in concurrence with judge Iredell, and knowing that 
 the whole argument would be repeated before him, thought it 
 would save time and trouble to inform the gentlemen con 
 cerned as counsel for Fries, and also the district attor- 
 
CHASE. 99 
 
 ney, of the judgment which he had formed respecting the 
 law. 
 
 With the approbation of judge Peters, therefore, he caused 
 three copies to be made of his opinion, of which, when the 
 court met, he gave one to Mr. Lewis, and one to Mr. Rawle, 
 the district attorney, reserving the other avowedly for the 
 use of the jury that should be impanneled. He told the law 
 yers, however, that he did not mean to prohibit their argu 
 ing the matter to the court or to the jury. 
 
 Mr. Lewis and Mr. Dallas, knowing that their client s 
 case was desperate, immediately refused to attempt any de 
 fence, declaring that the cause had been prejudged. The 
 next day judge Chase, finding the lawyers had, as judge Pe 
 ters expressed it, " taken the stud, * endeavoured to prevail 
 on them to proceed with the cause, assuring them of every 
 possible privilege and indulgence ; but they thought the 
 chance of obtaining a pardon would be better if Fries were 
 convicted without any attempt at a defence, and they knew 
 there was little hope of producing a result different from the 
 former verdict. 
 
 Fries was tried without counsel, declining to allow others 
 to be assigned for him ; and convicted ; but afterwards par 
 doned by the president. 
 
 The justification of judge Chase s conduct, in this matter, 
 was very plain, to impartial spectators. 
 
 He had no motive for desiring to injure the prisoner, or to 
 prevent him from having a fair trial. His uniform practice 
 had been to war against the proud, not the abject. Stern 
 and severe as he was in the administration of justice, he 
 never had been known to be cruel or oppressive. In appriz 
 ing the counsel beforehand, of his opinions, he only did what 
 the customary charge to the grand jury always does, and much 
 
100 CHASE. 
 
 more publicly, before the cases are heard, that the judge 
 knows are to come before him. It was done with the con 
 currence of judge Peters, and to those who know that esti 
 mable man, this is enough to show therecould have been no 
 thing intentionally wrong. 
 
 The congress were at that time in session, but even in that 
 arena of licensed animadversion, the political enemies of the 
 judge did not think of insinuating a censure. Yet, four years 
 after, this was made the prominent article of an impeachment 
 charging him with conduct " arbitrary, oppressive and un 
 just," and with having brought disgrace on the character of 
 the American bench. 
 
 In the course of the same spring, he held the circuit court for 
 the Virginia district. One Callender had published a libel, or 
 what was called a libel, of a very atrocious character against the 
 president ; and was tried for it at this court. Judge Chase had, 
 of course, heard of the man and of the publication, and did not 
 consider himself bound by any obligation of law or morality to 
 suppress his opinion of both. He approached the trial, how 
 ever, with no wish for the success of any thing but justice. 
 Certain technical questions arose as to the competency of a 
 juryman and the admission of evidence, which the judge hap 
 pened to rule in such a way as was not propitious to the 
 views of the prisoner s counsel, who besides being disappoint 
 ed by his decisions upon these points, were offended by the 
 energy and abruptness of his manner. 
 
 Whether he was right in a legal view, is a mere ques 
 tion of special pleading ; his decisions were subject to be 
 overruled by a higher judicial power, but no appeal was 
 taken. 
 
 In June of the same year, he presided at a circuit court for 
 the Delaware district, at Newcastle. Here it was necessary 
 
CHASE. 101 
 
 for him to give a charge to the grand jury, instructing them 
 in the definitions of the crimes to which their attention would 
 probably be directed. 
 
 The sedition law was at this period in force; a severe and 
 impolitic law, it may be said to have been ; and as it proved, 
 an unfortunate enactment for the principal promoters and de 
 fenders of it. Still it was the law of the land, and judge 
 Chase was bound to carry it into execution. It may be pre 
 sumed, too, that he felt no repugnance towards this perform 
 ance of his duty. The law resembled in its principles the 
 resolutions of congress passed in 1778, which, as we have 
 seen, were founded on a report, in the preparation of which 
 he had joined, and were directed against the disaffected 
 Quakers, whose sole offence was indiscreet or mischievous 
 talking, and who were treated on that occasion with quite 
 as much severity as was contemplated against the objects of 
 the sedition law. 
 
 Judge Chase had always been in favour of strong mea 
 sures, in the pursuit of what he thought a good object. 
 Thus, we have seen him in 1765, joining if not leading a 
 mob, in the insult to the stamp distributor; afterwards in 
 1777, he proposed to compel the tories to lend to congress, 
 by making loan-office certificates a tender in all cases, so 
 that, if A, a whig, owed B, a tory, instead of paying him 
 money, which B would not lend to the continental govern 
 ment, he might pay the money into the treasury, and give B 
 a loan-office certificate ; a high handed measure certainly, 
 this would have been, but the end would perhaps have justi 
 fied the means. So again in 1778, he recommended the ar 
 rest of the Quakers; in 1794, he insisted on the imprison 
 ment of the Baltimore rioters, and it is not surprising that 
 
102 CHASE. 
 
 in 1800, he looked upon the sedition act as the wisest and 
 most proper of all possible laws. 
 
 He certainly thought it incumbent on him to direct the at 
 tention of the grand jury towards a newspaper of notoriety 
 in the district, which he understood or had reason to believe, 
 was constantly transgressing the law intended to curb the 
 licentiousness of the press. Judge Bedford, who sat with 
 him on the bench, did not think it necessary to meddle with 
 such matters, but the characteristic observation of judge 
 Chase was, " My dear Bedford, wherever we are, we must 
 do our duty." 
 
 Great changes were seen within a short time following 
 this period. Mr. Jefferson was elected president, many 
 laws were repealed, the judiciary system was enlarged and 
 then again cut down, the Maryland constitution in some 
 points altered ; but party spirit remained undiminished. 
 
 In the year 1803, when the disputes on political questions 
 had been very warmly carried on, the judge in delivering 
 a charge to the grand jury, at Baltimore, took the opportu 
 nity of reading them a lecture on politics. This was rather 
 out of time and out of place, but it must be remembered, that 
 great latitude has at all times been allowed to grand juries, 
 in this country, and we have seen them often interfere in 
 matters that do not seem to be at all within their legitimate 
 province; a judge, therefore, in addressing them on political 
 subjects, did not so much lead them from the track of inquiry 
 which it was their duty to follow, as sanction a bad practice 
 already existing. 
 
 The principal topic of his address, was the recent change 
 in the constitution of Maryland, by the extension of the right 
 of suffrage ; an innovation which he thought of the most per 
 nicious consequence. 
 
CHASE. 103 
 
 He also inveighed against the alteration that had been 
 made in the judiciary system of the union, and argued fully 
 against doctrines which he ascribed to the political leaders 
 of the majority. 
 
 In January 1804, Mr. Randolph, incited by political ani 
 mosity, moved in the house of representatives, for the ap 
 pointment of a committee to inquire into the official character 
 of judge Chase, and assured the house that there was ground 
 for an impeachment. 
 
 The committee made their report on the sixth of March, 
 recommending an impeachment; and on the twenty-sixth, 
 the articles of impeachment, six in number, were reported. 
 At the opening of the next session, Mr. Randolph renewed 
 the matter, and two new articles were added. In due pro 
 cess of time and form, the senate was organized as a court, 
 and he was put on his trial, which began on the second of 
 January, and continued, after an adjournment, on the fourth 
 of February, till the first of March, 1805. 
 
 The accusations were all founded upon the conduct which 
 we have mentioned, at Philadelphia, Newcastle, Richmond 
 and Baltimore, but attributed the worst of motives for that 
 conduct which we have described as proceeding only from an 
 earnest, and perhaps excessive love of justice, and zeal for 
 political truth. 
 
 The details of the trial could not be given here, without 
 swelling this memoir to an unreasonable extent. The utmost 
 efforts of Mr. Randolph and the other managers were exerted 
 to produce a conviction, and it was said that much reliance 
 was placed on the spirit of party, and great exertions made 
 to obtain an agreement among the majority to seize this op 
 portunity of crushing a political foe, that had never spared 
 his reproaches of their policy, their principles or their cha- 
 
104 CHASE. 
 
 racters. But it may well be doubted whether any such unfair 
 attempt was made, and certainly no such combination was 
 formed. 
 
 He was assisted by four able counsellors and faithful 
 friends, Messrs. Martin, Harper, Hopkinson and Key, by 
 whom the defence was managed with skill and dignity. 
 Their arguments were all extremely cogent, but it implies 
 no disparagement to the others, to say that the speech of Mr. 
 Hopkinson, who was then a very young man, has not been 
 exceeded, as a specimen of powerful and brilliant eloquence, 
 in the forensic oratory of our country. 
 
 As to five of the charges, he was acquitted by a majority 
 of the senate; on the articles relating to the address to the 
 Baltimore grand jury, and the refusal to admit evidence 
 offered on the trial at Richmond, a majority of the senate 
 voted against him, but as a vote of two-thirds is necessary 
 to convict, he was declared to be acquitted of the whole. 
 
 It is remarkable, that John Fries, the prisoner whom he 
 was accused in the first article, of a desire and determina 
 tion to oppress and deprive of a fair trial, some time after 
 wards called on the judge, at his house in Baltimore, for the 
 avowed purpose of thanking him for his impartial, fair and 
 equitable conduct on that very occasion. 
 
 His spirit was not in the least depressed by the trial. He 
 considered it a mere persecution, arid was only the more con 
 firmed by it in his distrust of the party which had gained 
 the ascendancy. His health was, however, at this time fail 
 ing, and he was obliged to absent himself during the progress 
 of the impeachment, on account of a severe attack of the 
 gout, which, added to the irritation that he felt towards his 
 accusers, rendered him so impatient of the restraints which 
 his situation, as respondent, imposed, that he could with 
 
CHASE. 105 
 
 difficulty be withheld by his counsel from breaking out in 
 open maledictions and scorn, before the high tribunal that 
 was to decide upon his official character. 
 
 From this time he continued in the undisturbed exercise of 
 his judicial functions, which he discharged with undimiriished 
 ability ; and endeared to his family and his friends by the 
 kindness and generosity of his private life and the charm of 
 his conversation, which was singularly instructive and agree 
 able. 
 
 Among his virtues, may be included a heartfelt piety and 
 firm belief in the truths of Christianity. As a member of St. 
 Paul s parish, he was at all times ready to afford his useful 
 assistance and advice gratuitously to the vestry, on occasions 
 of difficulty and embarrassment. 
 
 In the year 1811, his health gradually failed ; his disease 
 was slow in its progress, but of a nature to threaten cer 
 tain dissolution. In the spring of this year he was com 
 pelled by increasing debility to forego his favourite exercise 
 of riding on horseback; but continued to take the air daily 
 in an open carriage. On these occasions he was always 
 attended by one of his family, and being an enthusiastic ad 
 mirer of the charms of nature, he discoursed with animation 
 on the scenes that presented themselves before him. He was 
 well aware that he had not long to remain with his family, 
 and frequently conversed upon the subject, expressing him 
 self with confidence and hope as a Christian. 
 
 A short time before his death, he expressed a desire to 
 receive the sacrament, and held several conversations on the 
 subject with the clergymen of the episcopal church, in Bal 
 timore. It was accordingly administered to him by the late 
 Dr. Bend, after which he declared that he was in peace and 
 charity with all mankind. 
 VOL. IV. O 
 
106 CHASE. 
 
 On the nineteenth day of June, he had taken his customary 
 airing, and returned much exhausted hy the sultriness of the 
 weather. His death was now manifestly approaching. After 
 the physicians were summoned to attend him, he spoke of his 
 domestic concerns, gave several directions concerning his 
 household, and was perfectly calm and resigned. He expos 
 tulated with his family against indulging the grief which 
 their countenances betrayed ; and declined taking a draught 
 of medicine that was offered to him, saying as he put it aside, 
 "God gives life." He expired so gently, that those around 
 him scarcely knew when he had ceased to breathe. 
 
 His last will bespeaks a characteristic dislike of outward 
 show, in the direction, that no mourning should be worn for 
 him, and the request that his tomb should have no other in 
 scription than his name, with the dates of his birth and his 
 death. 
 
 It may be safely said that Samuel Chase was one of the 
 most extraordinary men of the age, and exerted over the 
 minds of others an influence not less potent or extensive, than 
 belonged to any of those distinguished persons who assisted 
 in the establishment of this growing empire. With a mien 
 and presence remarkably dignified and prepossessing, a lofty 
 stature, well proportioned figure, and handsome countenance, 
 he was gifted, also, if not with "a frame of adamant," at 
 least with bodily vigour sufficient to support the most inces 
 sant activity; and with "a soul of fire," as truly as the 
 restless monarch to whom it has been beautifully ascribed. 
 
 He seemed to have been born for the occasion and the 
 crisis ; and his fine intellect, undaunted courage, and fervid 
 temperament, all ministered to the glorious result. He ar 
 rived at manhood just as the disputes between the colonies 
 and the mother country began ; and from that time till the 
 
CHASE. 107 
 
 declaration of independence, lie moved about unceasingly 
 like a flame, casting warmth and light around him. His 
 contagious ardour and powerful rhetoric, made proselytes 
 of his wealthy and less sanguine friends, who having much 
 to lose, were timorous and lukewarm in the cause ; and thus 
 were some recruits enlisted that afterwards sustained their 
 parts efficiently and nohly. His influence over the less con 
 siderate was unbounded ; he was described as moving per 
 petually "with a mob at his heels." This was in the very 
 commencement of the troubles, when he was the torch that 
 lighted up the revolutionary flame in Maryland. His father 
 was opposed to all these movements : the son encouraged an 
 assemblage of young patriots to compel the old gentleman, 
 with others, to take the oaths of fidelity to the new govern 
 ment. Disinterested and consistent in all things, he joined 
 in a measure which reduced his father s income; his own he 
 neglected in order to serve his country. 
 
 We have seen how efficient were his services, and how 
 constant his labours during the war. As a judge, he was 
 not quite in his most appropriate sphere; a colder tempera 
 ment would have better suited the judicial station. Yet his 
 faults were those of manner only; and happy would our 
 country be to see always so much learning and excellent 
 judgment, and pure integrity, in her judges, as marked the 
 judicial character of Mr. Chase. 
 
 The vehemence of his feelings on the subject of party poli 
 tics, was to be expected in a man who never had been luke 
 warm in his life. He could not separate his feelings from 
 his judgment ; and though he may have been mistaken, he 
 was unquestionably sincere and firmly patriotic. "Yes, 
 sir," said he to a son in law, r, few years before his death, 
 " you are a democrat ; and you are right to be one, for you 
 
208 CHASE. 
 
 are a young man ; but an old man, Mr. , would be a 
 
 fool to be a democrat." 
 
 Such a man could not fail to make enemies ; but lie had 
 the happiness to retain through life the warm attachment 
 of many friends whose persevering affection was a proof of 
 his private virtues, more honourable to his memory than 
 even the prominence of his public character. 
 
 William Paca was his intimate and most confidential friend, 
 from the time of their beginning the career of professional 
 life and patriotism, in 1761, till his death, in 1799. John 
 Eager Howard, James M Henry, Luther Martin, Robert 
 G. Harper, bishop Carrol, and Nicholas Rogers, were among 
 his nearest friends ; and other exalted names might be added 
 to this enumeration. 
 
 His career was so active ; the part he bore in a period of 
 excitement and difficulty so important; the incidents of his 
 long life so numerous ; that this sketch must be considered 
 as but an outline, leaving room for a future biographer to 
 add the interesting details in the history of a man, whose 
 actions posterity will seek to be more intimately acquainted 
 with, and whose character will be the more highly appre 
 ciated as it is more particularly known. 
 
. bv r. Maverick Ironi n drawing Ly J.B.Lougaciv Jrom Goplfy . 
 
WILLIAM PACA. 
 
 PACA, the second son of John Paca, of Harford 
 county, in the state of Maryland, was born on the thirty - 
 iirst; of October, in the year 1740. 
 
 His father was possessed of large estates, and held an 
 office, of trust and profit under the provincial government ; 
 and being sensible of the advantages of a good education, 
 spared no expense or pains to procure for his children the 
 best instruction that the country could supply. 
 
 William was sent to the college at Philadelphia, then in 
 high repute under the presiding care of the learned and elo 
 quent Dr. William Smith, and was placed under the special 
 superintendence of colonel White, father of the venerable 
 bishop White, who watched over him with parental anx 
 iety. 
 
 He was graduated as a bachelor of arts on the eighth of 
 June, 1759, in the nineteenth year of his age, and imme 
 diately afterwards commenced the study of the law, at Anna 
 polis, in the office of Stephen Bordley, one of the most pro 
 found lawyers of his time. 
 
 Mr. Paca continued to be an industrious student for four 
 years, in the course of which period he contracted a matri- 
 
110 
 
 nionial engagement with Miss Mary Chew, daughter of Sam 
 uel Chew, a gentleman of distinguished family and large for 
 tune, residing in Ann Arundel county. 
 
 To this lady he was united in May, 1761. He had the 
 misfortune to lose her after a few years of happy union, at 
 the beginning of the revolution. They had five children, all 
 of whom died young, except their son John P. Paca who 
 still survives, and married Miss Juliana Tilghman, daugh 
 ter of Richard Tilghman, by whom he has several child 
 ren. 
 
 Mr. Para was admitted to the bar, at the provincial court, 
 on the eleventh of April, 1764, and established himself 
 at Annapolis, where he soon became eminent in his profes 
 sion. He had been licensed to practise in the mayor s court in 
 1761, and his only competitors residing at Annapolis, were 
 John Price and Samuel Chase, with the latter of whom, af 
 terwards highly distinguished in the revolution, he contract 
 ed an intimate friendship, which endured without interruption 
 until they were separated by death. They both became 
 members of the provincial legislature, where many oppor 
 tunities were afforded for the display of their abilities, and 
 their minds were trained in the exercise of such controversial 
 powers as they had occasion frequently and beneficially to 
 use, in after life. 
 
 Mr. Paca appeared in the year 1771, as the representa 
 tive, jointly with Mr. Matthias Hammond, of the citizens 
 of Annapolis, in a public letter of thanks to Mr. Charles Car 
 roll, for his exertions " as an advocate for liberty," in a pa 
 per war that had been carried on with great spirit, on the 
 question of the right of the governor to regulate the fees of 
 civil officers by proclamation. 
 
PACA. Ill 
 
 The citizens having chosen those two young men to be 
 their members of the legislature, at the same time appointed 
 them to convey their approbation to the able advocate of the 
 rights of the people, in opposition to the prerogative of the 
 crown , and their letter to Mr. Carroll asserts the doctrine, 
 which was still to be established through years of blood 
 shed and privation, that the imposition or regulation of a tax, 
 by executive authority, was an act of tyranny not to be en 
 dured. The occasion which led to this early assertion of sound 
 principles, and which subsequently produced an important 
 occurrence in which Mr. Paca was the chief actor, deserves 
 some explanation and detail. To understand it fully it will 
 be necessary to advert to the organization of the provincial 
 government, and the means possessed by the government and 
 people to maintain or resist oppression. 
 
 The government, as established by the charter in 1632, al 
 though well guarded against any interference on the part of 
 the king and parliament over its domestic concerns, did not 
 promise the same security against proprietary usurpation. 
 The people had no share in the administration, except that 
 the popular legislative branch belonged exclusively to them; 
 no law could be passed without their consent. This privi 
 lege was exercised by deputies, duly elected by the peo 
 ple, and forming the " house of burgesses," or lower 
 house of assembly. There was a second legislative branch, 
 called the upper house, the members of which held their 
 places at the will of the proprietor, as did every other officer 
 in the government, down to the lowest constable. 
 
 The proprietor himself generally resided in England, and 
 exercised a power of dissenting from laws, after they had 
 passed through all the authorities here ; and his governor, in 
 
112 PACA. 
 
 the province, formed a third branch of the legislature, with 
 out whose assent no act of assembly was complete ; and to 
 resist all this patronage, prerogative and wealth, there was 
 nothing but this lower house of assembly, with their single 
 officer, the serjeant at arms. 
 
 Although the government was thus armed, oppression was 
 in a great measure averted. There was from the beginning 
 and at all times, a protecting spirit, the inhabitant of a visi 
 ble body denominated the country party, composed of the 
 entire provincial population, excepting the proprietary 
 adherents. This party sheltered the people, and their rights 
 as British subjects ; the people were ever most faithfully re 
 presented in their popular branch ; it was unyielding, daring 
 and successful. How could it be otherwise, when it was the 
 unconquerable spirit, which had induced them or their ances 
 tors to flee from tyranny and settle in a wilderness inhabited 
 by savages. 
 
 This party acted on a plan somewhat similar to that of 
 the opposition in the British parliament, but with purer mo 
 tives ; it was never without conspicuous leaders, brave and 
 gifted men, who believed and hesitated not to avow that the 
 proprietary faction had no other feelings towards the people 
 of Maryland than those of unbounded avarice; and that if 
 left to themselves, they would ruin the country. 
 
 The king of England was a master common to them both, 
 but our people took the lead vastly in professions of loyalty ; 
 ever avowing that his majesty was deceived, and kept in 
 ignorance by the proprietor, else he would call to severe ac 
 count, and probably take the government from those who 
 oppressed the very best subjects he had throughout his entire 
 dominion. In truth, justice was generally on the side of the 
 people in their broils with the proprietary faction ; and if 
 
PAG A. US 
 
 appeals and fair representations could have beea made to the 
 king, perhaps he would in most instances have taken side 
 with the colonists. 
 
 At the period above alluded to, between the years 1770 
 and 1772, there were, before the Maryland public, two sub 
 jects of great interest, independent of those which brought on 
 the American war. The one related to an ancient act of as 
 sembly, by which a general poll tax had been laid for the 
 support of the Maryland clergy belonging to the church of 
 England, as established by law. This ought to be mentioned 
 for the purpose of reference to a learned opinion given by 
 Mr. Paca in the year 1772 ; when he contended against two 
 very great lawyers, Daniel Dulany and James Holliday, 
 that the act never had validity ; it having been passed by a 
 Maryland assembly after its dissolution by the death of 
 William the third. The three opinions, which are very 
 much at length and full, may be found in a compilation 
 published in England by George Chalmers ; entitled the 
 " Opinions of eminent lawyers on various points of English 
 jurisprudence." The perusal of Mr. Paca s opinion will 
 satisfy any professional man that he was a well educated and 
 profound lawyer. But as the act of assembly had been in 
 operation for many years, he could do but little more than 
 utter an unavailing denunciation. On the other interesting 
 topic, which produced the incident above alluded to, his la 
 bours were not in vain. 
 
 Mr. George Chalmers, who published the above opinions, 
 as also a valuable work called "Political Annals," was a law 
 yer settled in Baltimore at the time of the revolution. He 
 took side against the country, went to England, and was 
 employed for many years at the plantation board ; amongst 
 whose papers, he probably found these documents, as also 
 VOL. IV. P 
 
114 PACA. 
 
 all others published in his collection, the whole of which 
 relate to American colonial affairs. 
 
 The legislature of the province of Maryland had been in 
 the habit, for many years antecedent to 1770, of passing 
 temporary laws for regulating the staple of tobacco and 
 limitation of officers fees. In the year 1771, an act of this 
 description expired, and the house of burgesses had refused 
 to continue it, unless great alterations were made in the fee 
 rates, which they considered ambiguous, and greatly above 
 the value of the services to be performed by the proprietary 
 officers; no agreement could be made, and the fee bill fell. 
 In this state of affairs governor Eden issued a proclamation 
 advising the officers to act under the old law. This proceed 
 ing created a violent commotion in the province; it was 
 considered an attempt, on the part of the governor, to legis 
 late without the assent of the people, and brought on a paper 
 war between the two parties, which was conducted with un 
 usual acrimony. 
 
 As early as the twenty-eighth of May, 1739, the house of 
 burgesses had resolved that the regulation of officers fees by 
 proclamation or orders of council was an invasion of the 
 fundamental constitution of the province, and in their session 
 of November 1770, the period of the above excitement, the 
 burgesses again resolved unanimously "that the representa 
 tives of the freemen of the province of Maryland have the toll 
 right, with the assent of the other part of the legislature, to 
 impose, establish and collect taxes or fees, and that the impos 
 ing, establishing or collecting any taxes or fees, on or from the 
 inhabitants of this province, under colour or pretence of any 
 proclamation issued by or in the name of the lord proprie 
 tary, or other authority, is arbitrary, unconstitutional and 
 oppressive." 
 
PACA. 115 
 
 Notwithstanding these warnings, the governor issued his 
 proclamation, and in the midst of the irritation occasioned by 
 it, the scene above alluded to was exhibited in Annapolis. 
 The country gentlemen affected to consider the proclamation 
 so abominably odious to freemen, that it deserved nothing 
 better than a gibbet ; they accordingly, having a crowd of 
 citizens, with Mr. Paca and Mr. Chase at their head, 
 in open day formed a procession, taking with them the said 
 proclamation, written on a conspicuous paper, with a small 
 coffin, and proceeded to a gallows erected for the purpose, 
 just outside the city, hanged it thereon by a halter, the usual 
 time that a malefactor is suspended, then cut it down, enclos 
 ed it in the coffin, and buried it under the gallows, minute 
 guns firing from an elegant armed schooner, belonging to 
 Mr. Paca, during the whole ceremony. The gentlemen then 
 marched back to the city in order, and passed the rest of the 
 day in festivity. 
 
 It may seem extraordinary that there should have been an 
 armed vessel so long before the revolutionary war. It hap 
 pened in this way: the gentlemen whose estates were situat 
 ed on the navigable waters of the Chesapeake, contended 
 with each other for superiority in their bay boats; and Mr. 
 Paca put small ordnance on board his, for a distinction ; so 
 that when he came to Annapolis, his arrival was frequently 
 announced by the sound of cannon. 
 
 At this juncture, there were doubtless many of the proprie 
 tor s adherents, perhaps the governor himself, in the city ; 
 his party, strong in numbers, and some of them high spirited 
 men, were quick to resent any thing like a personal indignity, 
 and amongst them there was a gentleman of fine talents, a 
 native citizen of much wealth, and descended from a pa 
 triotic family, who had been educated in England, with a 
 
116 PACA. 
 
 view to his becoming a champion on the side of the people. 
 The proclamation was hung on his land, lie had taken an 
 active part for the government, and wrote largely in favour 
 of prerogative ; the publications were long, numerous and 
 harsh : they yet exist in the ancient file of newspapers en 
 titled the Maryland Gazette. 
 
 By such means as those above mentioned, and good manage 
 ment, in a bold, timely, intimidating expression and display 
 of public opinion, ever at variance with authorities derived 
 from hereditary power; subordinate nevertheless to a com 
 mon sovereign ; our people kept these authorities, continually 
 under a kind of discipline, and within constitutional bounds. 
 This was better for them, than if the encounters had been 
 immediately with the king himself. The controversy was 
 without cessation, especially between the two houses of as 
 sembly, and often with the proprietary governor. Thus it 
 was continued down like an inheritance from father to son, 
 and so it came to Mr. Paca, and to others most worthy to be 
 named, such as John Hall, Samuel Chase, Matthew Tilgh- 
 man, Thomas Johnson, jr. and a host of others. 
 
 In his day, Mr. Paca and Mr. Chase were the soul of the 
 country party ; the efforts of which against ministerial 
 and proprietary oppression, were manifestly successful ; as 
 will appear, by looking into Bacon s edition of the laws of 
 Maryland. The provincial system of jurisprudence, was 
 well calculated to secure public liberty, and the right of self- 
 government. 
 
 When the struggle did actually come, in 1774, against the 
 king and parliament, could there be spirits better calculated, 
 than those of Mr. Paca and his associates, to resist a tyrant? 
 They were trained to such exercises ; their rights as British 
 subjects had been under the severest discussion for more 
 
PACA. 11? 
 
 than a century ; and no colonists in America had a hetter 
 knowledge of them, or were more resolute in their defence ; 
 their history is little known, because it was like a family 
 quarrel, and unheard of except within their own boundaries-; 
 whereas, that of the other colonies, except Pennsylvania, was 
 from the beginning, with the king himself, and of course a 
 subject of greater notoriety. There may yet arise some one 
 to tell their tale. 
 
 When the act of parliament which closed the port of 
 Boston was first heard of, a convention of deputies from the 
 patriotic portion of the community in each county of Mary 
 land, assembled for the purpose of consultation. The senti 
 ment of indignation against this act of vindicative tyranny 
 was universal, as was the feeling of sympathy for the injured 
 Bostonians ; no definite course could, however, yet be pointed 
 out, as the most likely to lead to a redress of grievance ; but 
 a congress of the several colonies having preceded, if not 
 occasioned, the repeal of the stamp act, a few years before, a 
 similar measure at once suggested itself to the minds of all. 
 The committee of correspondence of Massachusetts had writ 
 ten letters, proposing such an assembly to be held at Phi 
 ladelphia; and the Maryland convention, acceding to the 
 plan, appointed Mr. Paca, along with Mr. Chase and three 
 others, to attend the congress, "to effect one general plan of 
 conduct, operating on the commercial connexion of the colo 
 nies with the mother country, for the relief of Boston and 
 the preservation of American liberty. 5 
 
 The proceedings of that illustrious congress are too well 
 known, to require that they should be detailed here. The object 
 in view was conciliation, and a chief part of the business trans 
 acted during the session, was the preparation of the eloquent 
 addresses or memorials to the king, the people of Great 
 
118 PACA, 
 
 Britain, and the people of the colonies. Besides issuing 
 these immortal state papers, the congress adopted the non 
 importation association, and all the members signed it in the 
 vain hope, that such an evidence of the seriousness of their 
 feelings, and sincerity of their belief that injury had been 
 done to them, would have some effect on the determinations 
 of the ministry, or the disposition of the British nation. 
 
 The most remarkable clause in this agreement, or that 
 which now strikes the mind of the reader most forcibly, as 
 illustrative of the honourable feelings which prevailed here, 
 contrasted with the narrow prejudices of the British govern 
 ment, is the one by which the slave trade was to be renounced 
 and discouraged. Thus early did the American people bear 
 emphatic testimony against that inhuman traffic, which the 
 British government not only continued to permit, but in an 
 unaccountable spirit of double cruelty, strenuously endea 
 voured to force upon the unwilling colonies. 
 
 In December of the same year, the same delegates with the 
 addition of Mr. John Hall and Mr. Thomas Stone, were 
 elected to represent the province of Maryland in the next 
 continental congress, with ample power to agree to all 
 measures which might there be deemed necessary to obtain 
 a redress of American grievances. And the same appoint 
 ment was renewed the following summer. 
 
 Mr. Paca s talents for business were appreciated, and he 
 was called upon to serve on several laborious committees in 
 the year 1775, when he was a constant attendant in his place. 
 Among these were the committees charged with the considera 
 tion of the critical condition of North Carolina and Virgi 
 nia ; and that selected for the purpose of devising means to 
 raise a naval armament. 
 
PACA. 119 
 
 Scarcely had he liberty to withdraw his close attention 
 from the peculiar difficulties of the south, before he was ap 
 pointed to attend to an alarm from the colony of New York. 
 And while he was devoting his mind to these duties, his purse 
 was open to the use of his public spirited countrymen ; a vo 
 lunteer corps of whom he and his friend Chase supplied with 
 rifles, at an expense of nearly a thousand dollars. 
 
 Mr. Paca was, during the year 1775, and part of 1776, re 
 strained from openly advocating that national independence 
 to which he was looking forward with such anxious hope, and 
 for the attainment of which he was labouring so zealously in 
 all the affairs appertaining to a state of actual war, that were 
 agitated in congress. 
 
 The people of Maryland were not yet ready for a step so 
 decisive as a total renunciation of the royal authority ; and 
 it having been rumoured that such a plan was advocated by 
 some rash persons, the convention early in the year 1776, in 
 great alarm least the young men that represented that pro 
 vince in congress should join in such a measure, tied them up 
 by instructions which strictly enjoined upon them not to con 
 sent to any proposition for declaring the colonies indepen 
 dent; a resolution was at the same time adopted, that Mary 
 land " would not be bound by the vote of a majority of con 
 gress to declare independency," accompanied with strong 
 professions of loyalty and affection towards the king and 
 mother country, and an assertion that Maryland did not en 
 tertain any views or desire of independency. 
 
 Under this galling bondage were Mr. Paca and his col 
 leagues obliged to rest. They did not resign, because they 
 hoped for a change in the wishes of their constituents, and 
 they feared to vacate those places which might be filled, 
 
120 
 
 under the influence of the unhappy spirit then prevalent, with 
 men of opposite principles to their own. 
 
 Mr. Paca continued therefore in the assiduous discharge of 
 liis duties, contributing his efforts to produce such a state 
 of affairs as he hoped would render a separation from Great 
 Britain, less repugnant to the inclinations of Maryland, 
 He accordingly assisted in planning a naval armament, 
 which according to his instructions could carry no indepen 
 dent flag ; in the procuring of saltpetre and other munitions, 
 for a war to he waged against the forces of a king, to whom 
 the Maryland convention were offering vows of loyal attach 
 ment ; and in the organization of an army to be em 
 ployed in resisting the orders of that government, from 
 which his constituents declared they had no wish to sepa 
 rate. 
 
 In the middle of May, at the very time when congress 
 were declaring, that the royal authority had ceased, and re 
 commending to the respective colonies to organize govern 
 ments founded on the authority of the people, the Maryland 
 convention repeated their restrictions. 
 
 This state of affairs, however, could not last long. The 
 exertions of the leading gentlemen on the patriotic side were 
 indefatigable, and the convention were induced, on the 
 twenty-eighth of May, to dispense with prayers for the king 
 and royal family. This first step being taken, the rest became 
 more easy, and finally, on the twenty-eighth of June, the 
 convention recalled their instructions and left the dele 
 gates free to vote according to their inclinations, upon the 
 question then under discussion before congress, of issuing 
 immediately a declaration of independence. Thus being re 
 leased from the trammels that had confined him, Mr. Paca 
 
PACA. 121 
 
 gave his cordial vote in favour of the proposition, and 
 inscribed his name upon the declaration, which is destined to 
 be read by the remotest posterity. 
 
 On the day when the declaration was dated, Mr. Paca was 
 re-elected a delegate, and within a few weeks he had the 
 satisfaction to see a resolution of the Maryland convention, 
 approving of the decisive step, and pledging the lives and 
 fortunes of the members in support of it. He was again chosen 
 on the fifteenth of November of the same year, and on the fif 
 teenth of February, 1777, and continued to be an active and 
 efficient member of congress, during that season of severe 
 trial and anxiety. He finally retired from congress at the 
 close of the following year. 
 
 Nor was it merely in the general councils of the confedera 
 tion that Mr. Paca took part during this period. He was 
 at the same time actively employed in maintaining the good 
 cause among the citizens of his own state, encouraging them 
 to persevere, and employing all the resources of his mind to 
 combat with the unceasing difficulties into which the declara 
 tion of independence had thrown them. Although an actual 
 delegate in congress, he served as a member of the council of 
 safety, whose duty it was made to regulate all operations for 
 the security of the state, and to provide for its safety and de 
 fence; employing his personal exertions for the fulfilment of 
 his trust, and animating his countrymen by his zeal as well 
 as by the readiness with which he embarked and rigqued his 
 large and much exposed property. In the month of August 
 1776, after having affixed his name to the declaration of in 
 dependence, he went to the state convention assembled at 
 Annapolis, and as a delegate from that city, took a promi 
 nent part in the discussions on, and formation of a new con 
 stitution founded on the change of government. In this con- 
 Vot. IV Q 
 
122 PACA. 
 
 vention he warmly advocated all the principles which he had 
 supported in congress, principles which should render the 
 new state a useful and powerful member of the great con 
 federation, into which she now entered as a sovereign power. 
 On the adoption of the new constitution, it will he supposed 
 that he was not omitted among those whom the people 
 called on to administer its offices ; he was immediately elected 
 to the senate, and held that post for nearly two years. In 
 December, 1786, he was again chosen to the same station, 
 but shortly afterwards resigned it. It may he remarked, 
 that his popularity was not confined to the place of his resi 
 dence, as he was at different periods a representative both of 
 the Eastern and Western Shores of Maryland. 
 
 In the year 1777, Mr. Pacawas married a second time, to 
 Miss Anna Harrison, the second daughter of a highly re 
 spectable gentleman of Philadelphia, hut as in the previous 
 instance, without long enjoying the happiness of his union. 
 That lady died in the year 1780, leaving a son who did not 
 long survive her. 
 
 Early in the year 1778, he accepted the appointment of 
 chief judge of the superior court of his state, a station for 
 which he was perfectly well qualified by his legal acquire 
 ments and elevated character ; and the functions of which he 
 continued to perform, with honour to himself and advantage 
 to the state, until the year 1780, when he was appointed by 
 congress chief judge of the court of appeals, in prize and 
 admiralty cases. This station was new and arduous ; it was 
 a branch of law relative to which he could have had no pre 
 vious opportunity of gaining more than the most loose and 
 general knowledge, yet one in which as it involved materially 
 the rights of, and intercourse with foreign nations, a very 
 sound judgment was required. The duties of the office he 
 
PACA. 123 
 
 performed with singular discretion, and with unimpeached 
 correctness and integrity. His decisions met with the ap 
 probation of foreign governments and jurists, and several of 
 them were so much esteemed as to draw from the count do 
 Vergennes, at that time prime minister of France, an expres 
 sion of high admiration, which he directed the chevalier de 
 la Luzerne, the envoy of that nation, to communicate in his 
 name to Mr. Paca. 
 
 From his duties to the confederation, he was soon recalled 
 to fulfil the more immediate claims of his own fellow citizens. 
 On the fifteenth November, 1782, he was chosen governor of 
 his native state. The manner in which he performed the duties 
 of this office was full of dignity and simplicity ; his attention 
 was always strict and his judgment careful and correct. 
 But he did not think it sufficient to confine himself, merely 
 to those acts which a strict interpretation of official requisites 
 might have demanded. He took especially under his care, 
 the interests of literature and religion, which had of course 
 suffered a rude shock, during the long war that had pre 
 vailed, and the overthrow or change of many existing insti 
 tutions. He promoted, both by his public efforts and by his 
 private donations, the establishment of a college, named after 
 the "father of hjs country," at Chestertown, on the Eastern 
 Shore of Maryland; and at the first commencement for con 
 ferring degrees held within its walls, he had the gratification 
 of receiving from the youthful graduates a grateful expres 
 sion of their feelings, and an unexpected tribute to his worth. 
 " To you," said the young gentleman turning to Mr. Paca, 
 as he delivered the valedictory address, on behalf of his com 
 panions ; "to you in particular, most excellent sir, who 
 (yourself a scholar and a patron of literature, and filling the 
 seat of government in this state with dignity and virtue,) 
 
124 PACA. 
 
 think it even an addition to your other honours to take a 
 share in the government of this institution, and to animate 
 us with your applauding presence, we owe every mark of the 
 deepest gratitude and respect." 
 
 The same paternal care which he thus displayed on behalf 
 of literature he extended to religion; not the religion of a 
 sect or a party, but that general inculcation and diffusion of 
 the great principles of sacred truth, which as they form the 
 happiness of individuals, so they secure the welfare of na 
 tions. Peace was scarcely established, when in an address 
 to the general assembly he thus revived a subject, which he 
 justly deemed inseparably connected with the interest of the 
 state. "It is far from our intention" said he, "to embarrass 
 your deliberations with a variety of objects ; but we cannot 
 pass over matters of so high concernment as religion and 
 learning. The sufferings of the ministers of the gospel of 
 all denominations, during the war, have been very con 
 siderable ; and the perseverance and firmness of those, who 
 discharged their sacred functions under many discouraging 
 circumstances, claim our acknowledgments and thanks. The 
 bill of rights and form of government recognize the principle 
 of public support for the ministers of the gospel, and ascer 
 tain the mode. Anxiously solicitous for the blessings of 
 government, and the welfare and happiness of our citizens, 
 and thoroughly convinced of the powerful influence of reli 
 gion, when diffused by its respectable teachers, we beg leave 
 most seriously and warmly to recommend, among the first 
 objects of your attention, on the return of peace, the making 
 such provision, as the constitution, in this case, authorizes 
 and approves." 
 
 This suggestion was met with a corresponding spirit by 
 the legislature ; and some of the sects at that time most nu- 
 
PACA 125 
 
 merous in the state, obtained its aid. The episcopalians* 
 especially, having met in convention about that time, prepared 
 and presented to the governor an address, in which they 
 thanked him for his " great care and attention manifested 
 for the Christian church in general, and her suffering clergy 
 of all denominations; and prayed the continuance of his 
 powerful intercession, till some law is passed for their future 
 support and encouragement, agreeably to the constitution." 
 And, in the same liberal and catholic spirit, Mr. Paca, an 
 swered, " That it would give him the highest happiness and 
 satisfaction, if either in his individual capacity or public 
 character, he could be instrumental in advancing the in 
 terests of religion in general, alleviating the sufferings of 
 any of her ministers, and placing every branch of the Chris 
 tian church in the state, upon the most equal and respectable 
 footing." 
 
 At the meeting of the convention of the same church in the 
 following year, his friend, the learned Dr. Smith, dedicated 
 to him the sermon which he delivered by appointment. 
 
 In the summer of 1784, the members of the society of Cin 
 cinnati, in the state of Maryland, met at Annapolis, and 
 elected Mr. Paca their vice president, an office which he 
 appears to have held until his death. 
 
 No governor ever presided over a state with more popu 
 larity than Mr. Paca. He was not only strictly attentive to 
 his duties, but remarkably conciliating and prepossesing in 
 his deportment. To young men especially he was always kind, 
 and did every thing in his power to promote their improve 
 ment. He was in the habit, while at Annapolis in his official 
 character during the winter season, and when the meeting of 
 the legislature collected there all the men of intellect and 
 science of the state, to have meetings or clubs to which they 
 
126 PACA. 
 
 were invited to hear the discussions of young law students, 
 on questions and subjects which he proposed himself, and in 
 selecting which he generally adopted those that were intri 
 cate, and led to the acquisition of practical knowledge. Many 
 men who have since been highly distinguished, both as states 
 men and lawyers, were trained in this ^admirable school. It 
 was there that the celebrated William Pinkney began to 
 shine, there first exhibiting those talents which in after time 
 excited the admiration of all who listened to him. It was 
 even then remarked by those who knew him, that this great 
 advocate prepared himself for speaking in the same elaborate 
 manner which he continued always to use. He wrote a great 
 deal preparatory to public speaking, not with a view to re 
 peat what he had written, but to sketch his thoughts on paper 
 that nothing might escape him, and that he might seize and 
 embellish to their full extent such as were brilliant; these he 
 would introduce at their proper places with wonderful effect ; 
 in his orations there were many such, which were so happily 
 managed as to have all the appearance of unpremeditated 
 ebullitions. 
 
 Mr. Paca was a man of remarkably graceful address, fine 
 appearance, and polished manners, he had mixed long in the 
 best society, and had improved his social powers to a very 
 high degree of refinement. In the office of governor his su 
 periority in these respects was very strikingly displayed, 
 and the courtesies of the executive mansion have never been 
 more elegantly sustained, than during his tour of office. 
 
 Mr. Paca retired after one year s tenure, from the chief 
 magistracy, and remained in private life until 1786, when, 
 upon the death of general Smallwood, he again received and 
 accepted the office of governor, which he filled, as before, 
 but for one year. 
 
PACA. 127 
 
 He subsequently served in the state convention which rati 
 fied the federal constitution, and after the organization of the 
 new form of government, he received on the twenty-second 
 of December, 1789, an honourable testimony of the appro 
 bation of his fellow-citizens in being appointed judge of the 
 district court of the United States for Maryland. The new- 
 government had just been organized, and the president dis 
 played in his selection of persons to fill the offices, that pru 
 dence, patriotism, and sound sense which distinguished all 
 the actions of his life. We have inserted in the life of Francis 
 Hopkinson, an admirable letter, addressed to him on confer 
 ring judicial office, and that which he wrote to Mr. Paca, is 
 equally worthy of preservation. They both indeed present 
 one feature somewhat uncommon in these days, the solicita 
 tion, not to the government to grant, but the individual to 
 accept office. General Washington s letter is dated the 
 twenty-fourth of December, 1789, and is in the following 
 terms : 
 
 "Sir The office of judge of the district court in and for 
 the district of Maryland, having become vacant, I have ap 
 pointed you to fill the same, and your commission therefor 
 is enclosed. 
 
 "You will observe that the commission which is now trans 
 mitted to you, is limited to the end of the next session of the 
 senate of the United States. This is rendered necessary by 
 the constitution, which authorizes the president of the United 
 States to fill up such vacancies as may happen during the 
 recess of the senate ; and appointments so made shall expire 
 at the end of the ensuing session, unless confirmed by the 
 senate. However, there cannot be the smallest doubt, but 
 the senate will readily ratify and confirm this appointment, 
 
128 PACA. 
 
 when your commission in the usual form shall be forwarded 
 to you. I presume, Sir, it is unnecessary for me to advance 
 any arguments to shew the high importance of the judicial 
 system to our national government, and of course, the neces 
 sity of having respectable and influential characters placed 
 in the important cGces of it. And as I have not a doubt but 
 you are desirous of doing every thing in your power to pro 
 mote the happiness and welfare of our country, I flatter 
 myself you will accept this appointment. I am &c." 
 
 In the year 1790, he held the first circuit court, with judge 
 Blair of the supreme court, and continued in the regular and 
 able discharge of his judicial duties from that time until the 
 year 1799, when, in the sixtieth year of his age, and with 
 faculties unimpaired, and a character untarnished, he fell a 
 victim to disease, leaving to his family the inheritance of a 
 name illustrious for the virtues of public and private life, and 
 to his country the example of a superior mind, devoted with 
 pure disinterestedness to the establishment of her liberties. 
 


 THOMAS STONE. 
 
 THE patriots who conducted our revolution, were generally 
 men of exceeding modesty. Notwithstanding the importance 
 of their actions, many of them arc now distinguished in re 
 collection hy little that is peculiar in character or conduct. 
 The diversity of talent and disposition, was not always dis 
 cernible among men drawn forth from the privacy of domestic 
 life, hy the same public emergency, and moving with such 
 unanimity as prevented any one from standing out conspi 
 cuously before the rest 
 
 Where all were ready to go forward, there could scarcely 
 be any leaders ; and in so harmonious an assembly as the 
 first congress, the particular characteristics of each member 
 were not easily to be inferred from his votes. 
 
 It has happened, therefore, that some of those excellent 
 persons returned to the shades of private life when their 
 noble task had been performed, and were, in a measure, over 
 looked by their compeers, whose attention was engrossed 
 by the events of an anxious period, involving their own 
 safety as well as the freedom and honour of their country. 
 
 In such instances, however, the immediate friends of the 
 retiring patriot have generally cherished the remembrance of 
 such peculiarities as belonged to him ; and however undiversi- 
 VOL. IV. R 
 
 
130 STONE. 
 
 fied with striking incidents may have been the tenor of his 
 life, there is still something to be told of him to gratify a 
 rational curiosity. 
 
 Few distinguished names have faded more rapidly from 
 public view than that of THOMAS STONK ; yet none are remem 
 bered with more unqualified respect by a circle of surviving 
 friends, whose exalted characters give an unmeasured value 
 to their approbation. 
 
 He was lineally descended from William Stone, the go 
 vernor of Maryland, during the protectorate of Oliver Crom 
 well, and was the son of David Stone, of Pointon Manor, 
 Charles county, Maryland. 
 
 His mother was a sister of Daniel of St. Thomas Jenifer, 
 a gentleman of distinction under both the proprietary and 
 state governments, being for many years lord Baltimore s 
 agent in the province, a member of the executive council, and 
 one of the judges of the provincial court ; and subsequently 
 president of the state senate, delegate to congress, and a mem 
 ber of the convention which formed the federal constitution. 
 
 He was born in the year 1743, and was remarkable in 
 early youth for the zealous pursuit of knowledge, and untiring 
 industry, which continued to distinguish him through the 
 whole of his life. 
 
 It is asserted, that in his boyhood, at the age of fifteen, 
 his anxiety to acquire a classical education was so great, as 
 to induce him, contrary to the prejudices of his father, who 
 set little value on an acquaintance with Greek or Latin, 
 to be removed, at his own earnest entreaty, from an English 
 school to the school of a Mr. Blaizedel, a Scotchman, who 
 taught the learned languages. This school was about 
 ten miles distant from his father s residence; but it was 
 his constant habit, until he had made himself conversant 
 
STONE. 131 
 
 with Latin and Greek, to rise at dawn, saddle his horse, and 
 appear in school with the other pupils. An opportunity of 
 acquiring this education, was the only inheritance which he 
 ever received from his parents ; although his father, was pos 
 sessed of a large estate in land. According to the opinion 
 then entertained of the rights of primogeniture, Pointon 
 Manor hecaine the property of Samuel, the elder son, of a 
 former marriage; and Thomas, when removed from the 
 school of Mr. Blaizedel, found himself under the necessity 
 of borrowing money in order to prosecute the study of law. 
 This he did in the city of Annapolis, under the auspices of 
 Thomas Johnson, for whom he ever afterwards manifested a 
 filial regard. He commenced the practice of the law in 
 Frederick town, in Maryland, and after two years he re 
 moved to Charles, county in the same state. During these 
 two years, he liquidated the debt contracted while acquir 
 ing his legal education ; and in the year 1771, previous 
 to his removal, he married Margaret Brown, the youngest 
 daughter of Dr. Gustavus Brown, of that county. The only 
 property which this lady possessed, was the sum of one thou 
 sand pounds sterling. He was married in his twenty-eighth 
 year, and his practice at that time was neither extensive nor 
 lucrative. Great expectations were, however, entertained of 
 him at this time. His decorous deportment, his great indus 
 try and attention to business, his steady, and perfectly cor 
 rect habits, his manly and independent conduct, and above 
 all, the opinion that was generally possessed, of his inflexible 
 and incorruptible integrity, inspired hopes, that were never 
 disappointed, that he was destined to be an honour and orna 
 ment to his profession and his country. After his marriage, 
 he purchased a farm, near the village of Port Tobacco. Upon 
 this farm his family, with four of his infant brothers, resided 
 
132 STONE. 
 
 during the revolutionary struggles. This was the most ar 
 duous period of his life. The farm which he had purchased 
 was extensive, hut the soil was thin ; the courts of justice 
 were partially closed to his professional exertions ; and his 
 time and talents were called to the aid of his suffering 
 country. 
 
 The following letter, dated the twenty-eighth of April, 
 1775, was written at Annapolis, while he was a memher of 
 the Maryland assembly, and was addressed to Mrs. Stone : 
 
 " We have this day received a confirmation of the unhappy 
 contest hetween the king s troops, and the people of New 
 England ; and I am afraid it is too true. This will reduce 
 both England and America, to a state which no friend of 
 either, ever wished to see ; how it will terminate God only 
 knows. My heart is with you, and I wish it was in my 
 power to see you, hut many gentlemen insist that I should 
 stay to assist in deliberation on those important affairs. I 
 wish to do my duty, and shall be obliged to stay here longer 
 than I expected, but I hope to see you on Sunday, if nothing 
 new occurs. 
 
 "We have accounts, that numbers of people are killed on 
 both sides ; which I am apprehensive, will preclude all hopes 
 of a reconciliation between this and the mother country : a 
 situation of affairs, which all thinking men must shudder at. 
 
 "I wished to have heard from you, by post, but presume 
 you thought I would be in Charles before this. 
 
 " People here seem to feel very severely on the present 
 occasion. I have determined to act according to the best of 
 my judgment, rightly; but, in the important and dangerous 
 crisis to which we are reduced, the best may err. Pray God 
 preserve you, and bless our little ones. We are like to see 
 times, which will require all our fortitude to bear up against. 
 
PACA. 133 
 
 We must do our best, and leave the event to Him, who rules 
 the affairs of men. I am in haste, most affectionately yours, 
 &c." 
 
 He had not at this date commenced his career as a 
 ber of congress. 
 
 The excitement produced by the stamp act had been shared 
 by him in a great degree proportioned to the ardent tempera 
 ment of youth, and though too young at that time to take any 
 part in public affairs, his political principles were fixed by 
 the discussions to which he was then a listener, and the 
 strong feeling of indignation, against the British ministry 
 which he then imbibed. 
 
 It was not, however, until after the Boston port bill, and 
 the other aggressions of the year 1774, that Mr. Stone came 
 prominently forward into public life. 
 
 He was not a member of the congress of that year, but 
 was added, along with Robert Goldsborough, to the delega- 
 gation of Maryland, by a vote of the provincial deputies on 
 the eighth of December, 1774, and took his seat accordingly 
 on the fifteenth of the following May. 
 
 The powers with which these delegates were invested 
 seemed sufficiently ample, they being authorised to consent 
 and agree to all measures which that congress might deem 
 necessary and effectual, to obtain a redress of American 
 grievances ; and it was declared in the resolution appointing 
 them, that the province bound itself to execute to the utmost 
 of its power, all resolutions which the congress might 
 adopt. 
 
 Mr. Stone attended punctually the meetings of the con 
 gress, and gave his time and attention faithfully to the du- 
 
134 STONE. 
 
 ties of his post. In July, 1775, he was re-elected, as were 
 his colleagues, for one year further. 
 
 Although this was subsequent to the actual commencement 
 of hostilities, the hattle of Bunker s Hill, and the appoint 
 ment of a commander in chief, yet the thought of indepen 
 dence had not yet become at all palatable in Maryland ; and 
 the 1 provincial conference did not suppose, when they 
 made this appointment, that their chosen delegates would 
 suffer themselves to be carried away by what was then 
 deemed so extravagant an enthusiasm, as to vote for such a 
 measure. 
 
 Towards the close of the year 1775, however, the question 
 of an entire separation from Great Britain, became the sub 
 ject of very general discussion, both as to its policy and 
 probability, and it was discovered that the Maryland dele 
 gates were much disposed to encounter the risk and venture 
 upon a contest so unequal and even desperate, as it was 
 considered by many of their constituents. Alarmed at this 
 circumstance, the convention determined to restrain them by 
 specific and strict instructions, and the following were ac 
 cordingly prepared, and received the sanction of the conven 
 tion, whose sentiments they well represent. 
 
 " The convention, taking into their most serious conside 
 ration the present state of the unhappy dispute between 
 Great Britain and the united colonies, think it proper to 
 deliver you their sentiments, and to instruct you in certain 
 points, relative to your conduct in congress, as representa 
 tives of this province. 
 
 "The experience we and our ancestors have had of the 
 mildness and equity of the English constitution, under which 
 we have grown up to and enjoyed a state of felicity, not 
 exceeded among any people we know of, until the grounds of 
 
STONE. 135 
 
 the present controversy were laid by the ministry and par 
 liament of Great Britain, has most strongly endeared to us 
 that form of government from whence these hlessings have 
 been derived, and makes us ardently wish for a reconcilia 
 tion with the mother country, upon terms that may ensure to 
 these colonies an equal aud permanent freedom. 
 
 "To this constitution we are attached, not merely by 
 habit, but by principle, being in our judgments persuaded, 
 it is, of all known systems, best calculated to secure the 
 liberty of the subject, to guard against despotism on the one 
 hand, and licentiousness on the other. 
 
 "Impressed with these sentiments, we warmly recommend 
 to you, to keep constantly in your view the avowed end and 
 purpose for which these colonies originally associated, the 
 redress of American grievances, and securing the rights of 
 the colonists. 
 
 "As upon the attainment of these great objects, we shall 
 think it our greatest happiness to be thus firmly united to 
 Great Britain, we think proper to instruct you, that should 
 any proposition be happily made by the crown or parliament, 
 that may lead to, or lay a rational and probable ground for 
 reconciliation, you use your utmost endeavours to cultivate 
 and improve it into a happy settlement and lasting amity, 
 taking care to secure the colonies against the exercise of the 
 right assumed by parliament to tax them, and to alter and 
 change their charters, constitutions, and internal polity, 
 without their consent, powers incompatable with the essen 
 tial securities of the lives, liberties, and properties of the 
 colonists. 
 
 " We farther instruct you. that you do not without the pre 
 vious knowledge and approbation of the convention of this 
 province, assent to any proposition to declare these colonies 
 
136 STONE. 
 
 independent of the crown of Great Britain, nor to any pro 
 position for making or entering into alliance with any 
 foreign power, nor to any union or confederation of these 
 colonies, which may necessarily lead to a separation from 
 the mother country, unless in your judgments, or in the 
 judgments of any four of you, or a majority of the whole of 
 you, if all shall be then attending in congress, it shall be 
 thought absolutely necessary for the preservation of the liber 
 ties of the united colonies ; and should a majority of the 
 colonies in congress against such your judgment, resolve to 
 declare these colonies independent of the crown of Great 
 Britain, or to make or enter into alliance with any foreign 
 power, or into any union or confederation of these colonies, 
 which may necessarily lead to a separation from the mother 
 country, then we instruct you immediately to call the con 
 vention of this province, and repair thereto with such proposi 
 tion and resolve, and lay the same before the said convention, 
 for their consideration, and this convention will not hold this 
 province bound by such majority in congress, until the re 
 presentative body of the province in convention assent 
 thereto. 
 
 Desirous as we are of peace with Great Britain upon 
 safe and honourable terms, we wish you nevertheless, and 
 instruct you, to join witli the other colonies, in such military 
 operations as may be judged proper and necessary for the 
 common defence, until such a peace can be happily obtained. 
 
 " At the same time that we assure you we have an entire 
 confidence in your abilities and integrity in the discharge 
 of the great trust reposed in you, we must observe to you 
 as our opinion, that in the relation of constituent and repre 
 sentative, one principal security of the former is the right he 
 holds to be fully informed of the conduct of the latter. We 
 
STONE. 1 37 
 
 can conceive no case to exist in which it would be of more 
 importance to exercise this right than the present, nor any 
 in which we can suppose the representative would more 
 willingly acquiesce in the exercise of it. \Ve therefore in 
 struct you, that you move for, and endeavour to obtain a 
 resolve of congress, that the votes given by the colonies on 
 every question agitated in congress, shall appear upon the 
 journals thereof; and if such resolve be obtained, that you, 
 at the expense of this province, procure copies of the said 
 journals, except such parts thereof as relate to military 
 operations, and measures taken to procure arms and ammu 
 nition, and from time to time lay the same before the con 
 ventions of this province, showing the part you, as repre 
 sentatives of this province, take in such questions. 
 
 " And we farther instruct you to move for, and endeavour 
 to obtain a resolve of congress, that no person who holds 
 any military command in the continental, or any provincial 
 regular forces, or marine service, nor any person who holds 
 or enjoys any office of profit under the continental congress, 
 or under any government assumed since the present contro 
 versy with Great Britain began, or which shall hereafter 
 be assumed, or who directly or indirectly receives the profits, 
 or any part of the profits of such command or office, shall, 
 during the time of his holding or receiving the same, be 
 eligible to sit in congress." 
 
 Between the date of these instructions and the middle of 
 the ensuing May, great efforts were made to induce the con 
 vention to assent to the scheme of independence; but the 
 professions of loyalty previously made in this colony, were 
 perfectly sincere, and the attachment to the royal govern 
 ment was so strong, that the instructions, instead of being 
 VOL, IV.S 
 
138 STONE. 
 
 rescinded, were reiterated on the twenty-first of May, in the 
 most emphatic terms. 
 
 The delegates in congress were upon that occasion re- 
 elected not unanimously until the end of the next session 
 of the convention ; hut it was at the same time unanimously 
 resolved, "That as this convention is firmly persuaded that 
 a reunion with Great Britain, on constitutional principles, 
 would most effectually secure the rights and liberties, and 
 increase the strength, and promote the happiness of the 
 whole empire, objects which this province hath ever had in 
 view, the said deputies are hound and directed to govern 
 themselves by the instructions given to them by this conven 
 tion in its session of December last, in the same manner as 
 if the said instructions were particularly repeated." 
 
 At the moment when these cautious instructions were 
 adopted by the Maryland convention, the continental con 
 gress were, in effect, proclaiming an independent govern 
 ment. The resolution of the fifteenth of May, averring that 
 all authority of the crown had ceased, and that it was neces 
 sary for each colony to frame a constitution of government 
 for itself, could not be construed to signify less than inde 
 pendence. 
 
 Mr. Stone concurred with his colleagues, in approving 
 of this bold and important step, and used his most earnest 
 endeavours to procure the adoption, by the province of Mary 
 land, of a form of civil government similar to those already 
 agreed upon by some of the other colonies, and based exclu 
 sively on the authority of the people. 
 
 The question of independence at this time engrossed gene 
 ral attention, and by whatever causes it may have been 
 aided, certainly the disposition to hazard the daring, but 
 glorious scheme, rapidly increased. 
 
STONE. 139 
 
 In the latter end of June, the example of Virginia on the 
 one hand, and of Pennsylvania on the other, proved irre 
 sistible, and Maryland was obliged to recall her instructions, 
 and agree to the assertion of a free and independent govern 
 ment. The convention accordingly though with manifest 
 reluctance resolved, " That the instructions given to their 
 deputies he recalled, and the restrictions therein contained, 
 removed ; and that the deputies of said colony, or any three 
 or more of them, he authorized and impowered to concur 
 with the other united colonies, or a majority of them, in 
 declaring the united colonies free and independent states ; in 
 forming such further compact and confederation hetvveen 
 them; in making foreign alliances, and in adopting such 
 other measures as shall be adjudged necessary for securing 
 the liberties of America ; and that said colony will hold itself 
 bound by the resolutions of the majority of the united colonies 
 in the premises; provided the sole and exclusive right of 
 regulating the internal government and police of that colony 
 be reserved to the people thereof." 
 
 The Maryland delegates, after this, being left free to vote 
 according to their wishes, recorded their names in favour of 
 independence, upon the imperishable document which in elo 
 quent language sets forth the "reasons that impelled them 
 to the separation." 
 
 On the day which saw this proud manifesto issued, Mr. 
 Stone and his colleagues were re-elected, and in the ardour 
 of feeling at that moment prevalent, the convention forgot 
 to limit their powers by any prudential restraints. Mr. 
 Stone, though riot a prominent man in congress, was ap 
 pointed on several important committees, such as that to 
 consider the propriety and expediency of augmenting the 
 
140 STONE. 
 
 flying camp ; that on the miscarriages in Canada ; on cer 
 tain letters from general Washington ; and, the most labori- 
 ous of all, namely, that charged with the difficult task of 
 preparing a plan of confederation. 
 
 There never was perhaps an undertaking of greater diffi 
 culty, than the formation of the confederacy at that period. 
 Entire harmony, was, at all sacrifices, to he preserved as es 
 sential to the possibility of success in the great contest ; yet 
 a diversity of sentiments almost boundless, prevailed among 
 the representatives of different interests respecting the details 
 of the intended compact. 
 
 The peculiar responsibility of Mr. Stone, in being the only 
 Maryland delegate in the committee, when the sentiments of 
 Maryland were particularly hostile to the measure, unless 
 with conditions that it was found impossible to obtain from 
 the other states, may easily be appreciated. 
 
 The anxiety and trouble occasioned to all, and especially 
 to the committee which had the laborious work of prepara 
 tion, are strongly portrayed in the letter addressed by con 
 gress to the respective states, in order to urge the adoption 
 of the plan, as they had, after infinite compromises, finally 
 arranged the articles. 
 
 "This business," they observe, "equally intricate and 
 important, has in its progress, been attended with uncom 
 mon embarrassments and delay, which the most anxious 
 solicitude and persevering diligence could not prevent. To 
 form a permanent union, accommodated to the opinion and 
 wishes of the delegates of so many states, differing in habits, 
 produce, commerce, and internal police, was found to be a 
 work which nothing but time and reflection, conspiring 
 with a disposition to conciliate, could mature and accom 
 plish. 
 
STONE. 141 
 
 " Hardly is it to be expected that any plan, in the variety 
 of provisions essential to our union, should exactly cor 
 respond with the maxims and political views of every par 
 ticular state. Let it be remarked, that after the most careful 
 inquiry and the fullest information, this is proposed as the 
 best which could be adapted to the circumstances of all ; and 
 as that alone which affords any tolerable prospect of general 
 ratification. 
 
 "Permit us then earnestly to recommend these articles to 
 the immediate and dispassionate attention of the legis 
 latures of the respective states. Let them be candidly re 
 viewed under a sense of the difficulty of combining, in one 
 general system, the various sentiments and interests of a con 
 tinent divided into so many sovereign and independent com 
 munities, under a conviction of the absolute necessity of 
 uniting all our councils and all our strength to maintain and 
 defend our common liberties : let them be examined with a 
 liberality becoming brethren and fellow citizens surrounded 
 by the same imminent dangers, contending for the same 
 illustrious prize, and deeeply interested in being forever 
 bound and connected together by ties the most intimate and 
 indissoluble; and, finally, let them be adjusted with the 
 temper and magnanimity of wise and patriotic legislators, 
 who, while they are concerned for the prosperity of their 
 own more immediate circle, are capable of rising superior 
 to local attachments, when they may be incompatible with 
 the safety, happiness, and glory of the general confederacy. 
 
 "\Ve have reason to regret the time which has elapsed in 
 preparing this plan for consideration : with additional soli 
 citude we look forward to that which must be necessarily 
 spent before it can be ratified. Every motive loudly calls 
 upon us to hasten its conclusion. 
 
142 STONE 
 
 " More than any other consideration, it will confound our 
 foreign enemies, defeat the flagitious practices of the disaf 
 fected, strengthen and confirm our friends, support our pub 
 lic credit, restore the value of our money, enable us to main 
 tain our fleets and armies, and add weight and respect to our 
 councils at home and to our treaties abroad. 
 
 " In short, this salutary measure can no longer be deferred. 
 It seems essential to our very existence as a free people, and 
 without it we may soon be constrained to bid adieu to inde 
 pendence, to liberty, and safety blessings, which from the 
 justice of our cause, and the favour of our Almighty Creator 
 visibly manifested in our protection, we have reason to ex 
 pect, if, in an humble dependence on his divine providence, 
 we strenuously exert the means which are placed in our 
 power." 
 
 Notwithstanding the eloquence of this appeal, the state of 
 Maryland refused her assent until the year 1781. 
 
 But, to recur to the labours of Mr. Stone, and the rest of 
 the committee, it is remarkable that from the twelfth day of 
 June, 1776, when the committee was selected, consisting of 
 one member from each colony, till the fifteenth day of No 
 vember, 1777, when the confederation was finally agreed to, 
 the committee were almost constantly occupied in preparing, 
 amending and improving the act which was reported, and 
 referred back again very frequently, and always altered to 
 suit the views of congress, and obviate objections. It was 
 the subject of debate thirty-nine times, and when concluded, 
 after all this labour, was only an approximation towards the 
 excellent constitution which was framed ten years after 
 wards. 
 
 The convention of the state of Maryland, when the emphasis 
 of the excitement caused by the declaration of independence 
 
STONE. 143 
 
 had passed away, recurred to their former jealousy of their 
 delegates in congress ; and although it was too late now to 
 restrict them as to measures of hostility towards Great Bri 
 tain, yet chose to limit their powers as the formation of a 
 confederation, and also to hint to them the possibility of re 
 tracing their steps, and agreeing to an accommodation with 
 the royal government. 
 
 The contest for freedom had now gone so far, that it was 
 frequently called a " glorious war" the Maryland conven 
 tion still termed it an " unhappy difference," and were an 
 xious to accommodate it on any terms, that a majority of con 
 gress might he brought to approve. 
 
 The resolution which indicated this state of feeling was 
 in the following terms: "That the said delegates, [Mr. Stone 
 and his six colleagues] or any three or more of them, be au 
 thorized and empowered to concur with the other United 
 States, or a majority of them in forming a confederation, and 
 in making foreign alliances ; provided that such confederation 
 when formed be not binding upon this state without the assent 
 of the general assembly ; and the said delegates or any three 
 or more of them are also authorized and empowered to con 
 cur in any measures which may be resolved on by congress 
 for carrying on the war with Great Britain, and securing 
 the liberties of the United States, reserving always to this 
 state the sole and exclusive right of regulating the internal 
 police thereof. And the said delegates or any three or more 
 of them are hereby authorized and empowered, notwithstand 
 ing any measure heretofore taken, to concur with the congress 
 or a majority of them, in accommodating our unhappy differ 
 ence with Great Britain, on such terms as the congress or a 
 majority of them shall think proper." 
 
144 STONE. 
 
 It happened, however, that no accommodation of the "un 
 happy difference" was r made at all inconsistent with the 
 highest claims of congress. The fears of the Maryland con 
 vention were not realized, though it must be confessed, the 
 affairs of the newly established nation wore, for some time, 
 a most discouraging aspect. 
 
 Mr. Stone was again re-elected in February, 1777, and 
 after serving this tour of duty, and seeing the confederation 
 finally agreed upon in congress, he left this scene of action, 
 declined a re-appointment, and became a member of the Mary 
 land legislature, where the plan of the confederation met with 
 obstinate opposition, and required the aid of all its friends 
 and advocates. 
 
 His services in the legislature were important, and in the 
 discharge of his duties there, he was distinguished by the same 
 fidelity, earnestness, and patriotic devotedness, which had 
 been displayed in the course of his previous career. 
 
 His services in that assembly are thus described by a gen 
 tleman who sat with him there. 
 
 " He was most truly a perfect man of business ; he would 
 often take the pen and commit to paper, all the necessary 
 writings of the senate, and this he would do cheerfully while 
 the other members were amusing themselves with desultory 
 conversation ; he appeared to be naturally of an irritable 
 temper, still he was mild and courteous in his general deport 
 ment, fond of society and conversation and universally a fa 
 vourite from his great good humour and intelligence; he 
 thought and wrote much as a professional man, and as a 
 statesman, on the business before him in those characters ; he 
 had no leisure for other subjects : not that he was unequal 
 to the task, for there were few men who could commit their 
 thoughts to paper with more facility or greater strength of 
 
STONE. 145 
 
 argument. There was a severe trial of skill between the 
 senate and the house of delegates, on the subject of confiscat 
 ing British property. The senate for several sessions unani 
 mously rejected bills passed by the house of delegates for that 
 purpose ; many, very long and tart, were the messages from 
 one to the other body, on this subject ; the whole of which, 
 were on the part of the senate, the work of Mr. Stone, and 
 his close friend and equal in all respects, the venerable 
 Charles Carroll of Carrollton. 
 
 In 1783, he was again elected to a seat in congress, under 
 the confederation, the adoption of which he had taken so much 
 pains to obtain. He was present at the most interesting event 
 of this period the resignation of general Washington, at 
 Annapolis ; and in the session of 1784, was appointed on 
 most of the important committees of the congress. 
 
 During the latter part of this year, he acted as president 
 pro tempore, but declining a re-election to congress, he lost, 
 by voluntary retirement, the honour of being chosen to pre 
 side over that dignified assembly, which would have followed 
 of course, his temporary occupation of the chair. 
 
 From this time, during the short interval before his death, 
 he was actively engaged in professional duties, and continued 
 to serve in the senate of the state, but declined an appoint 
 ment as a member of the federal convention, which met at 
 Philadelphia in the year 1787, for the purpose of forming 
 the present constitution of the United States. 
 
 After the conclusion of the war there was little occasion 
 for the exercise of the talents and patriotism of the best men 
 in Maryland, except in watching to prevent the introduction 
 of injurious schemes and innovations. 
 
 In 1785, an attempt was made to establish a paper cur 
 rency as a legal tender for the payment of debts. A bill for 
 VOL. IV. T 
 
146 STONE. 
 
 this purpose was passed by the house of delegates, but prompt 
 ly rejected by the senate, of which body Mr. Stone was still 
 a member. An appeal being made to the people, a large 
 majority refused to sanction the project. 
 
 At about the same time, Mr. Stone introduced into the 
 senate a bill, drafted by himself, and which he advocated 
 with all his eloquence, abolishing the right of primogeniture 
 as previously existing according to the system of the English 
 law. 
 
 The bill was enacted by both branches of the legislature, 
 and remains the law of Maryland ; but it is remarkable that 
 Mr. Stone made his own will in accordance with the princi 
 ples of the law that he thus contributed so zealously to 
 abolish. 
 
 In the year 1784, after he had finally relinquished his seat 
 in congress and removed to Annapolis, his practice became 
 very lucrative and his professional reputation rose to very 
 distinguished eminence. He was employed in many very 
 important causes, and his friend, Mr. Chase, always ex 
 pressed the greatest satisfaction in having his assistance as a 
 colleague in cases of difficulty. As a speaker, his strength 
 lay in argument, rather than in manner. When he began, 
 his voice was weak, and his delivery unimpressive, but as he 
 became warmed with his subject, his manner improved, and 
 his reasoning was clear and powerful. 
 
 He was a man of very strong feelings, and affectionate 
 disposition ; and the tenderness of his attachment to his ami 
 able consort, after forming the happiness of a large portion 
 of his life, became the melancholy cause of its early close. 
 
 In the year 1776, while he was attending to his public 
 duties in congress, Mrs. Stone visited Philadelphia with him, 
 and as the small-pox was then prevalent in that city, it was 
 
STONE. 14? 
 
 thought necessary to protect her from it by inoculation. 
 She was accordingly inoculated, and the mercurial treat 
 ment, which was then deemed necessary, was pursued. From 
 this time her health gradually declined. She was afflicted 
 with rheumatism for eleven years, and her skin, which had 
 before been marked with the glow of health, assumed a pale 
 ness which can scarcely be imagined by those who did not 
 witness it. During the whole period of her ill health, her 
 husband watched over her with untiring devotedness. But 
 it was beyond the power of human aid to give vigour to her 
 shattered constitution, and on the first of June, 1787, she 
 died in Annapolis, in her thirty-fourth year. This was a 
 death-blow to Mr. Stone. After this he declined all business, 
 both public and private, except such as he deemed necessary 
 to put his affairs in order. He was brought by his friends 
 to his seat in Charles county, and there, during the sum 
 mer after Mrs. Stone s decease, every effort was made to 
 enable him to sustain the loss. But he sunk into a deep 
 melancholy, and to the most soothing attentions of his friends 
 he always answered, that he could not survive his wife. Dr. 
 Brown, and Dr. Craick, who were his physicians, finding 
 little amendment in his spirits, after the lapse of some months, 
 advised him to make a sea-voyage. In obedience to their 
 advice, he went to Alexandria to embark for England. While 
 waiting at that place, for the vessel to sail, he expired sud 
 denly, in his forty -fifth year, on the fifth of October, 1787. 
 
 A few days before his death, he wrote a letter of advice to 
 his only son, then a boy, about twelve years old, which as 
 the dying counsels of a virtuous parent, actually in the near 
 prospect of death, will be read with interest, independent of 
 the claims of the individual to our respect and public grati 
 tude. It is this : 
 
148 STONE, 
 
 "My dear Frederick I am now in a weak state, about to 
 travel, and probably shall not see you more. Let me intreat 
 you to attend to the following advice which I leave you as a 
 legacy, keep and read it, and resort to it. 
 
 "In the first place, do your duty to God in spirit and in 
 truth, always considering him as your best protector, and 
 doing all things to please him ; nothing to offend him ; and 
 be assured he is always present and knows all your thoughts 
 and actions, and that you will prosper and be happy if you 
 please him, and miserable and unhappy if you displease him. 
 Say your prayers every day, and attend divine worship at 
 church regularly and devoutly, with a pious design of doing 
 your duty and receiving instruction. Think more of your 
 soul s health and the next world than of this, and never do 
 wrong on any account. Be honest, religious, charitable and 
 kind, guarded in your conduct, and upright in your inten 
 tions. 
 
 "Shun all giddy, loose and wicked company; they will 
 corrupt and lead you into vice, and bring you to ruin. Seek 
 the company of sober, virtuous and good people, who will 
 always shew you examples of rectitude of conduct and 
 propriety of behaviour which will lead to solkl happi 
 ness. 
 
 6i Be always attentive to the advice of your uncles, Dr. 
 Brown and Michael J. Stone, and do nothing of consequence 
 without consulting them. Be respectful to your seniors, and 
 all your friends, and kind to every body. Seek to do all 
 the good you can, remembering that there is no happiness 
 equal to that which good actions afford. Be attentive, and 
 kind, and loving to your sisters, and when you grow up pro 
 tect and assist them on all occasions. 
 
STONE. 149 
 
 < Take care not to be seduced by the professions of any per 
 son to do what your heart tells you is wrong, for on self-ap 
 probation all happiness depends. 
 
 " Attend to your education and learning, and never let your 
 mind be idle, which is the root of all evil, but be constantly 
 employed in virtuous pursuits or reflections. 
 
 " Let your aim in life be to attain to goodness rather than 
 greatness among men : the former is solid, the latter all va 
 nity, and often leads to ruin in this and the next world. This 
 I speak from experience. 
 
 "I commend you to heaven s protection. May God of his 
 infinite mercy protect you, and lead you to happiness in this 
 world and the next, is the most fervent prayer of your loving 
 father." 
 
 Mr. Stone was a member of the protestant episcopal church, 
 and a man of sincere and fervent piety, as the above letter 
 bespeaks him. He was in figure tall, thin, and well 
 porportioned. His complexion pale and sallow. His 
 manners were those of a well bred man, not marked by 
 ostentation or affected gracefulness, but rather reserved. His 
 countenance, from the constant employment of his mind., wore 
 the appearance of austerity, yet to his friends he was quite 
 accessible. His conversation was generally familiar and in 
 structive. Light and frivolous subjects rarely enjoyed his 
 attention, yet he sometimes relasped into gay and sportive 
 humours. His disposition was mild, and his heart benevo 
 lent. 
 
 His appearance in early life had promised both health and 
 strength, but his studious and sedentary habits, acquired iia 
 boyhood, and continued through life, had impaired a consti 
 tution originally vigorous. He was a taciturn man, of strong 
 
150 STONE. 
 
 feelings, and more remarkable for terseness of style than ele 
 gance of diction. 
 
 Besides his son, Mr. Stone left two daughters. The son 
 died in 1793, a student of law, and a youth of excellent pro 
 mise. The eldest daughter married Dr. John M. Daniel ot 
 Virginia, and died leaving several children. The other 
 daughter now Mrs. Mildred Daniel, also of Virginia, is 
 distinguished by the same virtues, which belonged to the cha 
 racter of her father. 
 

of C 
 
 Drawn. JCEn.gr aved hv.I.IU.onu^aiTf from ;> I ainlmo- !>v I icltl 
 
CHARLES CARROLL. 
 
 CHARLES CARROLL, surriamed of Car roll ton, the subject of 
 the present sketch, and the son of Charles Carroll and Eliza 
 beth Brook, was born on the eighth of September, 1737, 
 O. S. (twentieth September, N. S.) at Annapolis, in the state 
 of Maryland. 
 
 Charles Carroll, the son of Daniel Carroll, of Littalouna, 
 King s county, Ireland, and of the Inner Temple, the grand 
 father of Charles Carroll of Carrollton, was a clerk in the 
 office of lord Powis, under the reign of James second, 
 and left England a short time previous to the accession of 
 King William, to further his fortunes in America. At the 
 instance and through the influence of lord Powis, Mr. Car 
 roll was appointed, in 1691, to succeed colonel Henry 
 Darnell as judge and register of the land office, and agent 
 and receiver of rents for lord Baltimore in the province of 
 Maryland. He appears to have been a man of influence and 
 importance in the administration of the provincial affairs, 
 and in 1718, was one of those who were expressly exempted 
 from any disqualification on account of religion. 
 
 Charles Carroll, born in 1702, the father of Charles Car 
 roll of Carrollton, took an active part in the affairs of the 
 provincial government, and in the religious disputes of the 
 
 
152 CARROLL. 
 
 times stood prominent as one of the leading and most iuflu 
 ential members of the Catholic party in Maryland. The 
 disqualifications and oppression to which the Catholics were 
 subjected, in the early part of the eighteenth century, amount 
 ed to a persecution. Roman Catholic priests were prohibit 
 ed from the administration of public worship : the council 
 granted orders to take children from the pernicious contact 
 of Catholic parents: Catholic laymen were deprived of the 
 right of suffrage ; and the lands of Catholics were assess 
 ed double when the exigencies of the province required addi 
 tional supplies. Besides the oppression of legislative en 
 actments, personal animosity was carried to such an extent, 
 that the Catholics were considered as beyond the pale of fel 
 lowship ; not suffered to walk with their fellow subjects in 
 front of the Stadt House at Annapolis, and finally obliged to 
 wear s\vords for their personal protection. In this state of 
 things a large portion of the Catholics of Maryland deter 
 mined to emigrate, and Charles Carroll, then on a visit to 
 his son in France, applied to the French minister of state, for 
 a grant of land on the Arkansa river, at that time part of 
 the French territory of Louisiana. The extent of the tract 
 demanded, startled the minister as Mr. Carroll pointed to it 
 on the map. He considered it too large to be given to a sub 
 ject; difficulties were thrown in the way; and Mr. Carroll 
 was obliged, at last, to return to Maryland, without having 
 accomplished his object. Soon after Mr. Carroll s return, 
 the rigour of the laws against the Catholics was relaxed, and 
 they abandoned their intention of emigrating to the West. 
 After an active and useful life Charles Carroll died in 1782, 
 at the advanced age of eighty years. 
 
 In 1745, Charles Carroll of Carrollton, then eight years 
 eld, was taken to the college of English Jesuits at St. Omers, 
 
CARROLL. 153 
 
 to be educated. Here he remained for six years, and left 
 it to pursue his studies at a college of French Jesuits, at 
 Rheims. After staying one year at Rheims, lie was sent to 
 the college of Louis le Grand, and during his stay at this 
 place, his father visited France, as before mentioned. From 
 Louis le Grand, JS r. Carroll went at the expiration of two 
 years, to B iiuges, the capital of the province of Berry, to 
 study the civil 1 iw, and after remaining there for one year, 
 returned to college at Paris, where he continued until 1757, 
 in which year he visited London, and taking apartments in 
 the Temple, commenced the study of the law. In 1764, he re 
 turned to his native place, during the first discussion of those 
 principles, which being honestly proclaimed, and fearlessly 
 supported, occasioned the war of the revolution, 
 
 The violence of religious disputes had by this time almost 
 entirely subsided ; and the irritation produced by the stamp 
 act, in 1766, turned popular feeling into another and more 
 interesting channel. From this period, political discussion 
 became free and unreserved. Suspicion of the mother coun 
 try induced investigation ; investigation developed principles 
 and discovered rights; and talent of a high character stepped 
 forward to explain the one, and claim the other. Among 
 those whose pens, at this time, were busily and successfully 
 employed, were Chase, Stone, Paca, Dulany, and Carroll. 
 If intemperate abuse at times mingled in the controversy, yet 
 the general character of the arguments used was calm and 
 dignified; the disputants professing the greatest respect for 
 the mother country, and, to the last moment looking for, 
 and willing to receive, redress from the principles of its con 
 stitution. 
 
 Upon the repeal of the stamp act, things settled, in Mary 
 land, into that calm, which always follows violent excite- 
 VOT.. IV. U 
 
154 CARROLL. 
 
 nient ; and matters of local interest became the chief topics of 
 discussion. In these, the large landed property and extended 
 connexions of Mr. Carroll gave him great weight; and we 
 find him constantly engaged in the discharge of the duties of 
 an active and able citizen. In June, 1768, he married Miss 
 Mary Darnell, the daughter of Henry Darnell, jr., and des 
 cribed in the chronicles of the day, as "an agreeable young 
 lady endowed with every accomplishment necessary to ren 
 der the connubial state happy." 
 
 The calm which followed the repeal of the stamp act, 
 continued undisturbed until 1771-2, when the attempt to 
 establish the fees of the civil officers of the province by pro 
 clamation, roused again the indignation of the people, and 
 called forth all the talent and energy of the political writers. 
 The important part which Mr. Carroll took in this discus 
 sion requires some detail in the explanation of the cause of 
 dispute. 
 
 In the year 1770, the fees of the civil officers of the colo 
 nial government became the subject of inquiry and investiga 
 tion in the house of delegates; in the course of which, many 
 accounts were produced, demonstrating the abuse of the old 
 table of fees in the mode of charging, and showing the neces 
 sity of a new law, commensurate with the increased wants 
 and improved condition of the province. Upon full conside 
 ration of the whole matter, the lower house came to a 
 resolution to adopt a new regulation of fees. A law for 
 this purpose was framed, passed, and sent for concurrence to 
 the upper house. Here it was violently opposed by those 
 members whose profits of office would have been diminished 
 by its passage; and, through their influence, it was ultimately 
 rejected. Had matters rested here, all would have been 
 well. But governor Eden, with the advice of his council, 
 
CARROLL. 155 
 
 issued his proclamation, dated November, twenty-sixth, 1770, 
 a few days after the prorogation of the assembly, " command 
 ing and enjoining all officers, &c., under pain of his dis 
 pleasure, not to take any other or greater fees" than those 
 therein mentioned ; in other words, and in the language of 
 the day, "settling the fees by proclamation." 
 
 The proclamation was strenuously supported by its 
 friends, as a proper and justifiable exercise of prerogative. 
 The preamble stated, that the objects was "to prevent any 
 oppressions and extortions from being committed under 
 colour of office, by any of the officers, &c. in exacting unrea 
 sonable and excessive fees ;" and entrenching themselves 
 behind this expression, the advocates of the measure contend 
 ed, that so far from being a subject of complaint or dispute, 
 the proclamation ought to be considered as a barrier between 
 the people and the usurpations of office. On the other side 
 it was urged, that the exaction of fees, was to all intents and 
 purposes a tax ; that the power to tax a free people belonged 
 exclusively to its representatives ; and, therefore, that the 
 proclamation of governor Eden, settling the fees, was an 
 arbitrary and unjustifiable exercise of power. 
 
 In support of the measure, there were many advocates ; 
 and, among the rest, one who, in the form of a dialogue 
 between two citizens, justified the proclamation, and gave 
 the victory to its defender, the second citizen. Mr. 
 Carroll then assumed the signature, and used the argu 
 ment of the First Citizen; the "Editor of the Dialogue," 
 fell into the back ground ; and Daniel Dulany, provincial 
 secretary, under the signature of Antillon, appeared as Mr. 
 Carroll s antagonist. Perhaps there never was a newspaper 
 contest, which excited more interest throughout the state of 
 Maryland, than this. The great question of the revolution, 
 
156 CARROLL. 
 
 the right to tax the people without the consent of its repre 
 sentatives, was proposed and argued by the first citizen, in 
 the boldest manner, and with the most extended views. 
 "What was done?" continues Mr. Carroll, speaking of 
 the disagreement hctvveen the two houses on the subject of 
 the fees, "the authority of the chief magistrate interposed, 
 and took the decision of this important question from the 
 other branches of the legislature, to itself. In a land of 
 freedom, this arbitrary exertion of prerogative will riot, 
 must not, be endured." This determined language startled 
 even the adherents of the cause ; and those who were in the 
 secret of Mr. Carroll s authorship, looked with astonishment 
 upon one of the largest landholders in the country, avowing 
 sentiments which might be so injurious to him personally in 
 their consequences. In the end, Mr. Carroll was victorious ; 
 Antillon was silenced, and, on the fourteenth of May, the 
 proclamation was taken by a numerous procession to the gal 
 lows, suspended there for a time, and then burnt beneath them 
 by the common hangman. 
 
 Complimentary letters of thanks were now addressed to 
 the First Citizen, from all quarters, and published in the 
 newspapers, as the only means of communication with an 
 anonymous author. From the many before him, the writer 
 of the present sketch has selected the following, as showing 
 the estimation in which the exertions of Mr. Carroll were 
 held throughout the province. 
 
 " To THE FIRST CITIZEN, 
 
 " Sir, your manly and spirited opposition to the arbitrary 
 attempt of government, to establish the fees of office by pro 
 clamation, justly entitles you to the exalted character of a 
 distinguished advocate for the rights of your country. The 
 
CARROLL. 157 
 
 proclamation needed only to be throughly understood, to be 
 generally detested; and you have had the happiness to please, 
 to instruct, to convince your countrymen. It is the public 
 voice, sir, that the establishment of fees, by the sole 
 authority of prerogative, is an act of usurpation, an act of 
 tyranny, which in a land of freedom, must not, cannot, be 
 endured. 
 
 " The free and independent citizens of Annapolis, the 
 metropolis of Maryland, who have lately honoured us with 
 the public character of representatives, impressed with a 
 just sense of the signal services which you have done your 
 country, instructed us, on the day of our election, to return 
 you their hearty thanks. Public gratitude, sir, for public 
 services, is the patriot s due ; and we are proud to observe 
 the generous feelings of our fellow citizens towards an 
 advocate for liberty. With pleasure we comply with the 
 instructions of our constituents, and in their names we 
 thank you for the spirited exertion of your abilities. We 
 are, sir, most respectfully, your very humble servants, 
 
 WILLIAM PACA, 
 MATTHIAS HAMMOND." 
 
 When it became generally known that Mr. Carroll was 
 the writer of the pieces signed " First Citizen," the people 
 of Annapolis, not satisfied with the letter of their delegates, 
 came in a body to thank him for his exertions in defence of 
 their rights. 
 
 The talent and firmness evinced by Mr. Carroll in his 
 contest with Dulany, raised him at once to a high station in 
 the confidence of the people ; and we find him, during the 
 years 1773-1-5, actively engaged in all the measures which 
 were taken in opposition to the course of Great Britain s 
 
158 CARROLL. 
 
 colonial policy. From the earliest symptons of discontent, 
 Mr. Carroll foresaw the issue, and made up his mind to abide 
 it. Once, when conversing with Samuel Chase, in 1771 or 
 2, the latter remarked, " Carroll, we have the better of our 
 opponents ; we have completely written them down." " And 
 do you think," Mr. Carroll asked, " that writing will settle 
 the question between us ?" " To be sure," replied his com 
 panion, " what else can we resort to ?" " The bayonet," 
 was the answer. " Our arguments will only raise the 
 feelings of the people to that pitch, when open war will be 
 looked to as the arbiter of the dispute." Some years before 
 the commencement of actual hostilities, Mr. Graves, the 
 brother of admiral Graves, and then a member of parliament, 
 wrote to Mr. Carroll on the subject of the disturbances in 
 America, laughing at the idea of resistance on the part of 
 the colonies, and declaring that six thousand English soldiers 
 would march from one end of the continent to the other. " So 
 they may," said Mr. Carroll in his answer, " but they will 
 be masters of the spot only on which they encamp. They 
 will find nought but enemies before and around them. If we 
 are beaten on the plains, we will retreat to our mountains 
 and defy them. Our resources will increase with our diffi 
 culties. Necessity will force us to exertion ; until, tired of 
 combating, in vain, against a spirit which victory after 
 victory cannot subdue, your armies will evacuate our soil, 
 and your country retire, an immense loser, from the contest. 
 No, sir, we have made up our minds to abide the issue of 
 the approaching struggle, and though much blood may be 
 spilt, we have no doubt of ultimate success." These opinions, 
 openly avowed and supported by Mr. Carroll, on all occasions, 
 cause him to be ranked with the Chase, Paca, and Stone, of 
 
CARROLL. 159 
 
 Maryland, and considered as one of the popular leaders of the 
 day. 
 
 The influence which his abilities had procured him, being 
 used with propriety and firmness, was confirmed in Mr. Car 
 roll s possession, and his advice was asked in all emergencies 
 of the troubled times which immediately preceded the decla 
 ration of independence. When the brig Peggy Stewart im 
 ported into Annapolis a quantity of tea, (an article forbidden 
 by the resolution of the delegates of Maryland, June twenty- 
 second, 1774,) the irritated populace, then collected from the 
 neighbouring counties at the provincial court, threatened 
 personal violence to the master and consignees of the vessel, 
 as well as destruction to the cargo. The committee of dele 
 gates immediately met, and appointed a sub-committee to 
 superintend the unloading of the vessel, and to see that the 
 prohibited article was not landed. Still the excitement of 
 popular feeling continued unabated, and the friends of Mr. 
 Anthony Stewart, the owner of the vessel, applied to Mr. 
 Carroll, as one most able to protect him from violence. Mr. 
 Carroll s advice was concise and determined. "It will not 
 do, gentlemen, to export the tea to Europe or the West Indies. 
 Its importation, contrary to the known regulations of the con 
 vention, is an offence for which the people will not be so easily 
 satisfied ; and whatever may be my personal esteem for Mr. 
 Stewart, and my wish to prevent violence, it will not be in 
 my power to protect him, unless he consents to pursue a more 
 decisive course of conduct. My advice is, that he set fire to 
 the vessel, and burn her, together with the tea that she con 
 tains, to the water s edge." The applicants paused for a 
 moment ; but they saw no alternative, and Stewart, appear 
 ing immediately before the committee, offered to do what 
 Mr. Carroll had proposed. In a few hours afterwards, the 
 
160 CARROLL. 
 
 brigantine Peggy Stewart, with her sails set, and her colours 
 flying, was enveloped in flames, and the immense crowd col 
 lected on the shores of the harbour, acknowledged the suffi 
 ciency of the satisfaction. 
 
 In January, 1775, Mr. Carroll was chosen a member of 
 the first committee of observation that was established in 
 Annapolis, and in the same year he was elected a delegate 
 to represent Anne Arundel county in the provincial con 
 vention. 
 
 In the early part of the year 1776, the momentous charac 
 ter of the proceedings of the general congress, then sitting 
 in the city of Philadelphia, made that city the point of the 
 greatest interest in the colonies, and the resort of all whose 
 means enabled them to be present at the deliberations of their 
 representatives. Among others, Mr. Carroll was an anxious 
 and distinguished spectator. The talents which he had ex 
 erted in Maryland, in behalf of the great cause of American 
 liberty, were well known and fully appreciated by the general 
 congress, and in February, 1776, he was appointed a com 
 missioner, with Dr. Franklin and Samuel Chase, to proceed 
 to Canada, to induce the inhabitants of that country to join 
 the United Provinces in opposition to Great Britain. The 
 ample powers with which the commissioners were clothed 
 shows the importance of the appointment ; and the selection 
 of Mr. Carroll, who was not in congress at the time, was a 
 mark of distinction both honourable and gratifying. The 
 commissioners were instructed to explain to the Canadians 
 the nature of the institutions of the United Provinces, and 
 the principles of the confederation ; to urge the natural con 
 nexion which subsisted between Canada and the colonies ; 
 the mutual interest of both the countries to unite in opposi 
 tion to tyranny, and the certainty of success from a well 
 
CARROLL. 
 
 directed use of their conjoined energies ; to guarantee such 
 form of government as the Canadians might set up, together 
 with the free and undisturbed exercise of religion ; to press 
 the people to have a full representation in convention, to take 
 into consideration the propositions of the United Provinces ; 
 to establish a free press ; to settle all disputes between the 
 Canadians and continental troops ; to sit and vote as mem 
 bers of councils of war for erecting or demolishing fortifica 
 tions, and to draw on the president, for that purpose, for any 
 sums of money, not exceeding one hundred thousand dollars 
 in the whole; to encourage the trade and commerce of the 
 country ; to give credit and circulation to the continental 
 money ; and to suspend any military officer, whose conduct, 
 in the opinion of the commissioners, was improper or unjust. 
 
 In the resolution of congress, appointing the commissioners, 
 Mr. Carroll is " requested to prevail on Mr. John Carroll to 
 accompany the committee to Canada, to assist them in such 
 matters as they shall think useful." The standing and in 
 fluence of Mr. John Carroll, as a catholic clergyman of ta 
 lents and activity, it was hoped would be of essential service 
 in the accomplishment of the mission, by removing from the 
 minds of a catholic population all suspicion of interference 
 on religious subjects. 
 
 The committee found manv difficulties to contend with on 
 reaching Canada. The ardour which had prevailed among 
 the Canadians in favour of the measure, when the American 
 troops first entered the country, had been damped by tho 
 inefficiency of the force employed, and almost wholly de 
 stroyed by the defeat and death of Montgomery. The 
 inhabitants became provoked, when the want of regular 
 supplies compelled the continental troops to support them- 
 VOL. IV X 
 
162 CARROLL. 
 
 selves by levying contributions on those whom they were 
 sent to assist ; and the priests, never, as a body, in favour 
 of the cause, seized the moment of irritation to incense their 
 parishioners against the United Colonies. Under these op 
 posing circumstances, the commissioners did every thing 
 that lay in their power. They issued proclamations ; they 
 promised privileges ; and called upon the people to bear 
 patiently the temporary evils, which, remittances and reen- 
 forcements from congress, would in a short time obviate. 
 For a while, these assurances produced some effect : but the 
 continuance of the causes of dissatisfaction; the want of 
 specie, clothing and provisions; the disorder and sickness 
 prevailing among the American troops, and their total in 
 adequacy to the object for which they entered Canada, again 
 occasioned murmurs among the inhabitants, and finally alien 
 ated their affections from the United Colonies. After re 
 maining in Canada as long as there was a prospect of being 
 useful, the commissioners returned to Philadelphia; and on 
 the twelfth of June, 1776, a few days after their arrival, 
 presented the written report of their proceedings to the con 
 gress then in session. 
 
 Mr. Carroll returned from Canada during the discussion 
 in congress of the " Subject of Independence," and in time 
 to see realized the result which he had anticipated and has 
 tened, years before, in his controversy with "Antilon." 
 But he found the representatives of his native state shackled 
 with instructions, " to disavow in the most solemn manner, 
 all design in the colonies of independence." These instruc 
 tions were given by the convention of Maryland, in December, 
 1775, at which time Mr. Carroll strongly opposed them. On 
 his return from Canada, he became more than ever convinced 
 
CARROLL. 
 
 of their impropriety in the present crisis, and hastened to 
 Annapolis, to procure, if possible, their withdrawal. 
 
 On reaching Annapolis, Mr. Carroll resumed his seat in. 
 the convention, and advocated the withdrawal of the instruc 
 tions of December, 1775, and the substitution of others in 
 their stead, empowering the delegates in congress "to concur 
 with the other united colonies, or a majority of them, in de 
 claring the United Colonies free and independent states." 
 His exertions in their behalf were indefatigable. No time 
 was to be lost ; the debates in congress were coming to a 
 head ; independence was already almost resolved upon, and 
 the delay of a single hour might prevent Maryland from 
 participating in its declaration. These, and other reasons, 
 were urged by Mr. Carroll and his friends, to procure des 
 patch in the deliberations of the convention, and on the 
 twenty-eighth of June, the old instructions were withdrawn ; 
 new instructions were given, containing the powers proposed 
 by Mr. Carroll ; and, on the second of July, 1776, the dele 
 gates of Maryland found themselves authorized to vote for 
 independence. 
 
 The zealous and active part taken by Mr. Carroll in 
 procuring the instructions of June twenty-eighth, was the 
 cause of his immediate appointment as a delegate from Ma 
 ryland to the general congress; and on the fourth of July, 
 1776, when a new appointment of delegates was made by the 
 convention, we find Mr. Carroll s name on the list, for the 
 first time. The important business then before the conven 
 tion, detained Mr. Carroll for some days in Annapolis, after 
 his appointment ; and on the sixth of July, he had the satis 
 faction of seeing the declaration of the convention of Mary 
 land published to the world. This being, in part, the con 
 sequence of the new instructions, well deserves mention in 
 
164 CARROLL. 
 
 the story of Mr. Carroll s life, as a measure in the accom 
 plishment of which he bore a distinguished part. After 
 reciting the wrongs suffered from the king of Great Britain, 
 the declaration continues, 
 
 "We, the delegates of Maryland, in convention assembled, 
 do declare, that the king of Great Britain has violated his 
 contract with this people, and that they owe no allegiance to 
 him. We have therefore thought it just and necessary to em 
 power our deputies in congress, to join with a majority of the 
 United Provinces in declaring them free and independent 
 states, in framing such further confederation, in making 
 foreign alliances, and in adopting suph other measures as 
 shall be judged necessary for the preservation of their liber 
 ties. No ambitious views, no desire of independence, 
 induced the people of Maryland to form an union with the 
 other provinces. To procure an exemption from parliamen 
 tary taxation, and to continue to the legislatures of these 
 colonies the sole and exclusive right of regulating their in 
 ternal polity, was our original and only motive. To main 
 tain inviolate our liberties^ and to transmit them unimpaired 
 to posterity, was our duty and first wish ; our next to con 
 tinue connected with, and dependent on Great Britain. For 
 the truth of these assertions, we appeal to that Almighty 
 Being, who is emphatically styled the Searcher of hearts, 
 and from whose omniscience nothing is concealed. Relying 
 on his divine protection, and trusting to the justice of our 
 cause, we exhort and conjure every virtuous citizen, to join 
 cordially in defence of pur common rights, and in mainten 
 ance of the freedom of this and her-sister colonies." 
 
 On the eighteenth of July, the credentials of the new ap 
 pointment of delegates from Maryland to the general congress, 
 
CARROLL. 165 
 
 was received by that body, and Mr. Carroll, on the same day, 
 took his seat as a member. 
 
 Although Mr. Carroll did not vote on the question of inde 
 pendence, yet he was among the earliest of those who affixed 
 their signatures to its declaration. The printed journals of 
 congress, indeed, make it appear, that the Declaration of 
 Independence was adopted and signed on the fourth of July, 
 by the gentlemen whose names are subscribed to it under the 
 head of that date. But this impression, as has been explained 
 in the life of Thomas M Kean, is incorrect; because, in 
 fact, not one signature was affixed to the declaration until 
 the second of August. The idea of signing does not appear 
 to have occurred immediately; for not until the nineteenth 
 of July, as will appear by reference to the secret journals, 
 did the resolution pass, directing the Declaration to be 
 engrossed on parchment. This was accordingly done; and 
 on the second of August following, when the engrossed copy 
 was prepared, and not before, the Declaration was signed 
 by the members, who on that day were present in con 
 gress. Among these was Mr. Carroll. Those members 
 who were absent on the second of August, subscribed the 
 Declaration as soon after as opportunity offered. 
 
 The above account is sustained, not only by the private 
 and public journals of the congress of 1776, and by the 
 facts previously referred to, but also from the following letter 
 from Mr. Adams, while secretary of state, written to Mr. 
 Carroll, on the twenty-fourth of June, 1824. 
 
 " Sir In pursuance of a joint resolution of the two houses 
 of congress, a copy of which is hereto annexed, and by di 
 rection of the president of the United States, I have the 
 honour of transmitting to you two f etc simile copies of the 
 
166 CARROLL. 
 
 original Declaration of Independence, engrossed on parch 
 ment, conformably to a secret resolution of congress of nine 
 teenth July, 1776, to be signed by every member of congress, 
 and accordingly signed on the second day of August, of the 
 same year. Of this document, unparalleled in the annals of 
 mankind, the original, deposited in this department, exhibits 
 your name as one of the subscribers. The rolls herewith 
 transmitted, are copies as exact as the art of engraving 
 can present, of the instrument itself, as well as of the signers 
 to it. 
 
 " While performing the duty thus assigned me, permit me 
 to felicitate you, and the country which is reaping the reward 
 of your labours, as well that your hand was affixed to this 
 record of glory, as that, after the lapse of near half a 
 century, you survive to receive this tribute of reverence 
 and gratitude, from your children, the present fathers of the 
 land. 
 
 " With every sentiment of veneration, I have the honour, 
 &c." 
 
 The engrossed copy of the Declaration of Independence 
 was placed on the desk of the secretary of congress, on the 
 second of August, to receive the signatures of the members, 
 and Mr. Hancock, president of congress, during a conversa 
 tion with Mr Carroll, asked him if he would sign it. "Most 
 willingly," was the reply, and taking a pen, he at once put 
 his name to the instrument. " There go a few millions," 
 said one of those who stood by ; and all present at the time 
 agreed, that in point of fortune, few risked more than Charles 
 Carroll of Carrollton. 
 
 A resolution having passed on the eighteenth of July, 
 " that another member be added to the board of war," Mr. 
 
CARROLL. 167 
 
 Carroll was appointed, and continued actively engaged in its 
 arduous duties while he remained in congress. During the 
 investigation by the board, of the disputes arising out of the 
 Canada expedition, and in the consideration of the move 
 ments of the army in the north, the local knowledge which 
 Mr. Carroll had aquired in his late journey, together with 
 his acute observations upon the state of the country, and 
 the character and disposition of the people, were of important 
 service. 
 
 All the time that Mr. Carroll could spare from his duties 
 in congress, he gave to the convention of Maryland, in which 
 he still retained his seat ; and in the latter part of 1776, was 
 one of the committee appointed to draught the constitution of 
 that state. In December, 1776, he was chosen to the senate 
 of Maryland, being the first senate under the new constitu 
 tion; and in February, 1777, he was re-appointed a delegate 
 to congress by the general assembly. 
 
 Mr. Carroll continued in congress until the year 1778, 
 when the treaty with France, removing from his mind all 
 doubt as to the ultimate success of the war of the revolution, 
 and his duty as a senator of Maryland requiring his atten 
 dance in Annapolis, he resigned his seat, and for the future 
 devoted himself to the local politics of his native state. In 
 the year 1781, he was re-elected to the senate of Maryland, 
 in which he had already served five years ; and in December, 
 1788, was chosen representative of Maryland in the senate 
 of the United States, immediately after the adoption of the 
 federal constitution. 
 
 Congress then held its sessions in New York, whither 
 Mr. Carroll repaired soon after his election, and took an 
 active part in the business and discussions of the day. 
 
](5B CARROLL. 
 
 always adhering to, and strongly supporting, the federal 
 party. 
 
 In order that the seats of the members of the senate might 
 not all be vacated at the same time, it became necessary, 
 according to the constitution, to vary the length of the first 
 terms of service, so that the regular elections for the future 
 would, while they produced a biennial alteration, not occa 
 sion an entire change in any two years. To decide, there 
 fore, who should remain senators for two years, who for 
 four, and who for six, lots were cast, and Mr. Carroll fell 
 into the first class, whose term of service expired at the end 
 of the second annual session. 
 
 In 1791, Mr. Carroll vacated his seat in the senate of the 
 United States, and in the same year was once more chosen 
 to the senate of Maryland. In 1796, he was again re-elected; 
 and in 1797, was one of the commissioners appointed to set 
 tle the boundary line between Virginia and Maryland. Mr. 
 Carroll continued an active member of the senate of his 
 native state until 1804, when the democratic party carried 
 their ticket, and he was left out. In the year last mentioned, 
 he retired from public life, after having been a member of 
 the first committees of observation, twice in the convention 
 of Maryland, twice appointed delegate to congress, once 
 chosen representative to the senate of the United States, and 
 four times elected a senator of Maryland. 
 
 We have now reached the termination of Mr. Carroll s 
 public life, in his sixty-third year, and see him retiring 
 among his fellow citizens to the quiet enjoyments of his 
 family circle. His life, from 1801, up to the present time, 
 affords few materials for a biography It has glided along, in 
 that tranquil happiness which the full enjoyment of every 
 
CARROLL. 169 
 
 faculty, the recollection of past honours, the possession of a 
 large fortune, the affection and attention of children and grand- 
 children, and the respect of his countrymen, could bestow ; 
 and in his ninetieth year, Charles Carroll of Carrollton 
 finds his activity undiminished, his faculties unimpaired, 
 and his feelings and affections buoyant and warm. 
 
 In 1825, one of Mr. Carroll s grand- daughters was married 
 to the marquis of Wellesley, then viceroy of Ireland ; and 
 it is a singular circumstance, that one hundred and forty 
 years after the first emigration of her ancestors to America, 
 this lady should become vice-queen of the country from which 
 they fled, at the summit of a system, which a more immediate 
 ancestor had risked every thing to destroy ; or, in the ener 
 getic and poetical language of bishop England, "that in 
 the land from which his father s father fled in fear, his 
 daughter s daughter now reigns as queen." 
 
 " Like the books of the Sybil, the living signers of the 
 Declaration of Independence increased in value as they 
 diminished in number." On the third of July, 1826, three 
 only remained John Adams, Thomas Jefferson, and Charles 
 Carroll of Carrollton. On the fourth of July, 1826, the 
 fiftieth anniversary of the day on which they pledged their 
 all to their country, when the ten millions who were indebted 
 to them for liberty, were celebrating the year of jubilee; 
 when the names of the three signers were on every lip, John 
 Adams and Thomas Jefferson died, leaving Charles Carroll 
 of Carrollton the last link between the past and present 
 generations. 
 
 During thirty years passed in public life, embracing the 
 most eventful period of the history of the United States, Mr- 
 Carroll, as a politician was quick to decide, and prompt to 
 execute. His measures were open and energetic, and he 
 VOL. IV Y 
 
170 CARROLL. 
 
 was more inclined to exceed than to fall short of the end 
 which he proposed. As a speaker, he was concise and ani 
 mated ; the advantages of travel and society, made him grace 
 ful ; hooks, habits of study, and acute observation made him 
 impressive and instructive. As a writer he was remarkably 
 dignified ; his arrangement was regular ; his style was full, 
 without being diffuse, and, though highly argumentative, 
 was prevented from being dull by the vein of polite learning 
 which was visible throughout. 
 
 In person Mr. Carroll is slight, and rather below the mid 
 dle size. His face is strongly marked ; his eye is quick and 
 piercing, and his whole countenance expressive of energy 
 and determination. His manners are easy, affable, and 
 graceful 5 and in all the elegancies and observances of polite 
 society, few men are his superiors. 
 
Drawn arid Engraved, ty J. B.Longacre, from a Portrait 
 in the American Gleaner. 
 
GEORGE WYTHE. 
 
 THE representatives of Virginia, in the congress of 1776, 
 have always held a very high rank among the members of 
 that assembly, remarkable as it was for intelligence, patriot 
 ism, and prudence. They were seven in number : GEORGE 
 WYTHE, RICHARD HENRY LEE, THOMAS JEFFERSON, BEN 
 JAMIN HARRISON, THOMAS NEISON, JR., FRANCIS LIGHT- 
 FOOT LEE, and CARTER BRAXTON. 
 
 The following account of Mr. Wythe is much less circum 
 stantial than is required by the dignity of the subject The 
 most important actions of his public life, are so blended with 
 the general history of the country, and his name so conjoined 
 with the other patriots of the revolution, as to admit very 
 little distinct or particular detail. Of his private and do 
 mestic transactions, he has left himself no remembrance, and 
 his friends, by whose aid we hoped to supply the deficiency, 
 appear to have postponed this principal object, to indulge in 
 expressions of affection for his memory, and have furnished 
 us rather a panegyric, than a history of his life. "We shall 
 endeavour, however, from the few materials within our reach, 
 to exhibit such a general view of his character as, we hope, 
 will not be unacceptable to our readers. 
 
WYTHE. 
 
 GEORGE WYTHE was born in the year 1726, in the county 
 of Elizabeth city, on the shores of the Chesapeake, in the 
 then colony of Virginia. He was descended from a respect 
 able family, and inherited from his father, who was a farmer, 
 an estate amply sufficient for all the purposes of ease and in 
 dependence. His mother was a woman of great strength of 
 mind, and of singular learning; amongst other acquirements, 
 she possessed an accurate knowledge of the Latin language, 
 and under her tuition, he received the rudiments of his edu 
 cation. 
 
 The instructions which he received at school, by some un 
 accountable negligence, were extremely limited ; being con 
 fined to mere reading and writing the English language, witli 
 a very superficial knowledge of arithmetic. But his power 
 ful mind, exerting its own efforts, soon supplied his defect of 
 scholastic education ; for, with the sole assistance afforded 
 by his mother, he became one of the most accomplished Latin 
 and Greek scholars of his country ; and by his unaided 
 exertions, attained a very honourable proficiency in other 
 branches of learning. To grammar, rhetoric and logic, 
 which he is said to have studied with great success, he 
 added, at an early age, an extensive acquaintance with civil 
 law; a profound knowledge of mathematics, as well as of 
 natural and moral philosophy. 
 
 Of these various attainments, so honourable to his industry 
 and genius, much of the merit, no doubt very justly, is as 
 cribed to the affectionate and tender zeal of his mother : it 
 is related that she not only taught him the Latin, but as 
 sisted also his acquisition of the Greek, though altogether 
 unacquainted with that language ; uniting for this purpose, 
 in his studies, and by inspecting an English version of the 
 
WYTHE. 173 
 
 works which he read, enabling herself to aid his progress 
 and to ascertain the accuracy of his translations. 
 
 Of this excellent mother he was bereaved during his mi 
 nority. He lost also, near the same time, his father, of 
 whom there is given a very amiable character, for simplicity 
 and candour of behaviour, parental tenderness, and for pru 
 dence in the management of his fortune. Being thus in the 
 possession of money, and exposed, in the luxuriance of 
 youthful passions, to the seductions of pleasure, he suspend 
 ed during several years, all useful study, and spent his 
 whole] time in idle amusements and dissipation. But to 
 whatever levities he may have been betrayed, it is evident 
 from the subsequent events of his life, that his principles of 
 honour remained uncorrupted. When he had attained his 
 thirtieth year, he shook off all these youthful follies, and em 
 ployed himself in the most indefatigable study ; and from 
 this period till the close of his life, protracted to the length 
 of eighty years, lived in the practice of the most rigid and 
 inflexible virtue. 
 
 To his friends he often expressed the deepest regret that 
 so many years of time had thus been irretrievably lost to 
 him ; and when we reflect on the many splendid monuments 
 of his wisdom, and patriotic devotion to the best interests of 
 his country, which have given him an imperishable name in 
 her records, an instructive lesson may be drawn from his 
 generous repentance. No man ever stood higher in the esti 
 mation of his countrymen ; and no one better merited this 
 distinction,* yet after fifty years bad been spent in the exer 
 cise of all that is noble in man, the venerable patriot still 
 sighed over the short period of youthful aberration, as so 
 much valuable time unemployed in conferring benefits on his 
 country and on mankind. 
 
174 WYTHE. 
 
 He studied the profession of the law under the direction of 
 Mr. John Lewis, an eminent practitioner ; and at an early 
 period was called to the bar of the general court, then filled 
 by men of great eminence and ability in their profession. 
 For a short time he continued their equal, but by reason of 
 his extensive learning, correctness of elocution, and his logi 
 cal style of argument, he quickly arrived at the head of the 
 bar. 
 
 As a lawyer, the character of Wythe bears the severest 
 scrutiny. In his hands the dignity of the profession was 
 never prostrated to the support of an unjust cause : in this 
 he was so scrupulous, that where doubts were entertained of 
 th truth of his clients statements, he even required the so 
 lemnity of an oath previous to his defence ; and if deception 
 was in any manner practised upon him, the fee was returned, 
 and the cause abandoned. Such disinterestedness procured 
 him universal esteem ; and as he was no less distinguished 
 by correctness and purity of conduct in his profession, than 
 by his great learning, and his industry and fidelity to those 
 who employed him, promotion succeeded confidence, and on 
 the organization of the new government, he was invested 
 with the most considerable judicial rank which his country 
 could bestow upon him. As chancellor of Virginia, he con 
 tinued to dispense the most exact justice until thdtlay of his 
 death. 
 
 Early in life he was elected to represent his native county 
 in the house of burgesses 5 of which he continued a member 
 until the dawn of the revolution. His cotemporaries in the 
 house, were men of the highest standing in Virginia for rank 
 and talent ; and in the memorable year of 1764, when the re 
 solutions of the British parliament preparatory to the pas 
 sage of the stamp act, were communicated to the house of 
 
WYTHE. 175 
 
 burgesses, he found himself called upon to act with such 
 worthies as Robert C. Nicholas, Edmond Pendleton, Rich 
 ard Bland, Peyton Randolph, Richard Henry Lee and Ben 
 jamin Harrison. And his holding a prominent station amongst 
 these most celebrated names of our country, is no equivocal 
 evidence of his abilities and merits. 
 
 On the 14th of November 1764, he was appointed a mem 
 ber of a committee of the house of burgesses, to prepare and 
 report a petition to the king ; a memorial to the house of 
 lords, and a remonstrance to the house of commons, on the 
 subject of the proposed stamp act. The latter paper was 
 drawn up by Wythe, and following his own principles, his 
 language was that of boldness and truth ; going far beyond 
 the timid hesitations of his colleagues, who viewed it as bor 
 dering on treason, consequently his draft was subjected to 
 many material modifications. These documents were re 
 ported on the 18th of December, and after much warm 
 debate and considerable amendments tending to soften the 
 asperity of complaint, received the concurrence of council. 
 
 From the general tenor of these papers, it is obvious that 
 revolutionary opposition to the regal government, was not 
 then intended. For, although the rights of the colony, so 
 far as they respected exemption from taxation, except by her 
 own representatives, are firmly set forth and insisted on ; yet 
 the language is supplicatory, and the miseries about to be 
 inflicted on an impoverished community by the excessive 
 weight of the projected law, are feelingly anticipated. Re 
 monstrance alone was intended, and the colonies looked with 
 anxiety to the parent country for favourable replies to most 
 dutiful petitions ; but remonstrance was ineffectual, and in 
 January 1765, the stamp act was passed, to have operation 
 
176 WYTHE. 
 
 from the first of November following. The promulgation of 
 this law, soon diffused a spirit of discontent and opposition 
 through America, and brought the abilities of her patriots and 
 heroes into more conspicuous notice. 
 
 In Virginia the house of burgesses had received an extra 
 ordinary acquisition in the person of one of its young mem 
 bers, the celebrated Patrick Henry ; who, from comparative 
 obscurity, was ultimately thrice raised to the highest dignity 
 of the commonwealth, by the unanimous voice of his country 
 men. Henry was one of the most fascinating orators of 
 modern times : his patriotism, like that of most of his asso 
 ciates in public life, was of the purest kind ; and in conse 
 quence of his great exertions in the house of burgesses ; by 
 the marked intrepidity of his conduct ; by the fire of his 
 matchless eloquence, the American revolution presented its 
 first determined front, in the boldest opposition to the hate 
 ful law. 
 
 A few days previous to the close of the session, in May, 
 1765, the following resolutions were offered to the considera 
 tion of the house by Mr Henry. 
 
 " Resolved That the first adventurers and settlers of 
 this, his majesty s colony and dominion, brought with them, 
 and transmitted to their posterity, and all other his majesty s 
 subjects, since inhabiting in this, his majesty s said colony, 
 all the privileges, franchises, and immunities, that have at 
 any time been held, enjoyed and possessed, by the people of 
 Great Britain. 
 
 " That by two royal charters granted by king James the 
 first, the colonists aforesaid are declared entitled to all the 
 privileges and immunities of denizens and natural born sub 
 jects, to all intents and purposes, as if they had been abiding 
 and born within the realm of England. 
 
W YTHE. 1 77 
 
 " That the taxation of the people by themselves, or by 
 persons chosen by themselves to represent them, who can 
 only know what taxes the people are able to bear, and the 
 easiest mode of raising them, is the distinguishing charac 
 teristic of British freedom, and without which the ancient 
 constitution cannot subsist. 
 
 "That his majesty s liege people of this most ancient 
 colony, have, uninterruptedly, enjoyed the right of being thus 
 governed by their own assembly in the article of their taxes 
 and internal police ; and that the same hath never been for 
 feited, or any other way given up, but hath been constantly 
 recognized by the king and people of Great Britain. 
 
 " Resolved therefore, that the general assembly of this 
 colony, have the sole right and power to lay taxes and im 
 positions upon the inhabitants of this colony: and that any 
 attempt to vest such power in any person or persons what 
 soever, other than the general assembly aforesaid, has a mani 
 fest tendency to destroy British, as well as American freedom." 
 
 These resolutions created an extraordinary alarm in the 
 house, and the most violent debates ensued. Not only were 
 they opposed by the advocates of the measures of the royal 
 government, and by the aristocracy of the state, but even 
 some of the warmest friends of American independence, 
 endeavoured to prevent their adoption. Among the latter 
 we find, Nicholas, Pendleton, Randolph, Bland, and Wythe ; 
 who had long been the habitual leaders of the house. Their 
 opposition was, however, not founded on any difference of 
 principle, but because the petition, memorial and remon 
 strance of the preceding session, had already expressed the 
 same sentiments, and made the same assertions of right; 
 and answers to those documents were yet to be expected. 
 Notwithstanding the daring language of the resolutions, the 
 VOL. IV Z 
 
17S WTTHE. 
 
 opposition of the ministerial party in the house, and the dread 
 of the hest friends of our liberties, of plunging the colony un 
 prepared, feeble, and without defence, into hostility with Great 
 Britain, the bold and sublime eloquence of Henry achieved a 
 victory. The resolutions were alladopted after some immate 
 rial alterations in each of them; but the fifth, and strongest, 
 was passed by a majority of a single vote. Henry did not at 
 tend the sitting of the following day, and then, the alarm of 
 a majority of burgesses, caused them by a timid vote to 
 expunge the fifth resolution from the journals. 
 
 The repeal of the stamp act in 1766, in a great degree 
 revived the affection of the colonists for the mother country ; 
 but the subsequent passage of the statute, commonly termed 
 the glass, paper and tea act; the statute restricting the 
 powers of the New York legislature; and the statute erect 
 ing courts of vice admiralty on new models, soon afterwards 
 excited anew their apprehensions, and inflamed their discon 
 tents; and during the session of 1768, Wythe was a member 
 of the house of burgesses, in which he held a prominent sta 
 tion, when the famous resolutions were adopted, by which 
 Virginia asserted in determined language, her exclusive 
 right of taxation, in all cases whatsoever; complained of the 
 violation of the British constitution, by recent acts of parlia 
 ment; and firmly remonstrated against the oppression of 
 holding trials in England, on persons, for offences committed 
 in the colonies. 
 
 These resolutions, breathing the full spirit of patriotism, 
 were hurried through the house without regard to the 
 established form of parliamentary proceedings, lest the 
 assembly should be dissolved by the governor, on the first 
 intimation which he might receive of their proposed acts. In 
 fact, lord Bottetourt heard of the resolutions late in the even- 
 
WYTHE. 179 
 
 ing; in vain endeavoured to procure a copy of them from the 
 clerk, and on the next day dissolved the house of burgesses ; 
 hut not until the records were entered on the journals: the 
 members having very early in the morning convened for 
 that purpose, in correct anticipation of their immediate dis 
 persion. 
 
 The dissolution of the house, did not produce any effect 
 favourable to the royal cause. The same members, without 
 any exception were returned, and the spirit of resistance 
 increased in strength. Wythe, as a member of the house, 
 was bold and determined in the position he had taken. On 
 the one hand, the liberties of his country were threatened ; 
 and on the other, his character, nay, his life itself was placed 
 in danger. But no human consideration was equivalent to 
 his love of liberty and fidelity to his country. He stood on 
 the solid ground, that the only link of political union between 
 the colones and Great Britain, was the identity of the execu 
 tive: that the parent country and its parliament, had no more 
 authority over the colonies, than the colonies over them : and 
 that the colonies were co-ordinate nations with Great Britain 
 and Hanover. 
 
 Thomas Jefferson had been the pupil of Wythe, and under 
 his auspices, was introduced to the bar. The sentiments of 
 the friend and counsellor, which were instilled by instruction 
 and example, were exhibited to the world in the " Summary 
 View of the rights of British America:" and now in the 
 same venerable public body, the preceptor and pupil stood 
 forth, as vindicators of the rights and privileges of their 
 injured countrymen, and as undeviating advocates of that 
 system of government, which has since been so happily 
 established. 
 
 From this time until 177 o, Wythe continued his unabated 
 
180 WYTHE. 
 
 exertions in favour of independence. On the first rising of 
 the colonists, he joined a corps of volunteers, and evinced his 
 promptness to support the cause which he had advocated in 
 the senate, hy a resort to arms in the field. But his country, 
 at this important period, required the united talents of her 
 ablest statesmen ; and in August, 1775, he was appointed 
 one of the delegates from his native state, to that congress, 
 which, in the succeeding year, declared the independence of 
 America. 
 
 In consequence of this great change in the form of govern 
 ment, and in order to strengthen and confirm the principles 
 of the revolution, the house of assembly of Virginia, by a 
 resolution of the fifth of November, 1776, appointed Thomas 
 Jefferson, Edmond Pendleton, George Wythe, George Ma 
 son, and Thomas Ludwell Lee, a committee to revise the 
 laws of the state, as well of British as of colonial enactment, 
 and to prepare bills for re-enacting them, with such altera 
 tions as the change in the form and principles of the govern 
 ment, and other circumstances required. The two last 
 named gentlemen did not act with the committee, owing to 
 the death of one, and the resignation of the other ; but so in 
 dustrious were Jefferson, Pendleton, and Wythe, in this 
 great work of .legislation, that on the eighteenth of June, 
 1779, one hundred and twenty-six bills were prepared, and 
 reported to the general assembly. 
 
 The common law of England is preserved as the basis 
 of the revised code. To use the language of one of the 
 committee, the most remarkable alterations proposed, were. 
 
 " To change the rules of descent, so as that the lands 
 of any person, dying intestate, shall be divisible equally 
 among all his children, or other representatives, in equal 
 degree. 
 
WYTHE. I Hi 
 
 " To make slaves distributable among the next of-kin, as 
 other moveables. 
 
 " To have all public expenses, whether of the general 
 treasury, or of a parish or county, (as for the mainten 
 ance of the poor, building bridges, court houses, &c.) sup 
 plied by assessments on the citizens in proportion to their 
 property. 
 
 " To hire undertakers, for keeping the public roads in re 
 pair, and indemnify individuals through whose lands new 
 roads shall be opened. 
 
 " To define with precision, the rules whereby aliens 
 should become citizens, and citizens make themselves aliens. 
 
 " To establish religious freedom on the broadest bottom. 
 
 " To emancipate all slaves born after passing the act. 
 
 " To proportion crimes and punishments according to a 
 scale submitted. 
 
 " To abolish pardon and privilege of clergy, but if the ver 
 dict be against the defendant, the court in their discretion 
 may allow a new trial. 
 
 " No attainder to cause a corruption of blood or forfeiture 
 of dower. 
 
 " Slaves guilty of offences punishable in others by labour, 
 to be transported to Africa, or elsewhere, as the circum 
 stances of the time admit, there to be continued in slavery. 
 
 " A rigorous regimen proposed for those condemned to la 
 bour. 
 
 " To diffuse knowlege more generally through the mass of 
 the people by means of public schools. 
 
 " To establish a public library and gallery, by laying 
 out a certain sum annually in books, paintings and statues." 
 
 Of this extensive \vork of legislation, Wythe executed the 
 revision of those laws which had been enacted during the pe- 
 
182 WYTHE. 
 
 riod commencing with the revolution in England, and ending 
 with the establishment of the new government here, except 
 the acts for regulating descents ; for religious freedom ; and 
 for porportioning crimes and punishments, which were part 
 of the labours of Mr. Jefferson. 
 
 In 1777, the distinguished learning of Wythe in parlia 
 mentary law and proceedings, caused him to be chosen 
 speaker of the house of delegates ; towards the close of the 
 same year, he was appointed one of the three judges of the 
 high court of chancery of Virginia : and on the subsequent 
 change in the organization of the court of equity, was con 
 stituted sole chancellor ; which high station he filled with 
 the strictest integrity for more than twenty years. Whilst 
 in this office lie published a collection of Chancery Re 
 ports, which, by legal characters, are held in high estima 
 tion. 
 
 Previous to, and during the revolution, debts had been con 
 tracted between British and American merchants, and other 
 individuals. The recovery of those debts was made the sub 
 ject of the sixth article of Jay s treaty with Great Britain ; 
 but popular feeling was strong against legal decrees in fa 
 vour of British claimants. Chancellor Wythe was the first 
 judge who decided that the claims were recoverable, and 
 such decision was given in cases where the state of Virginia 
 was a party. The firmness of the judge, in resisting the 
 torrent of popular prejudice, is not the less to be commended 
 because mere duty was performed ; a new and important 
 question had arisen the complainant was an alien, a late 
 enemy ; the respondent was a commonwealth : the judge an 
 officer of the respondent s creating ; the current of opinion 
 set against the legality of the claim, and a nation awaited the 
 decision of the court of equity. 
 
WYTHE. 183 
 
 On reviewing the judicial character of Wythe, we find it 
 deeply impressed with the most scrupulous impartiality 
 rigid justice ; unremitting assiduity ; and the most pure dis 
 interestedness. It may appear a strange encomium to bestow 
 upon a judge, that his interest did not in the least degree 
 lead him to swerve from his duty: yet when such men have 
 lived as Verulam, 
 
 " The greatest, wisest, meanest of mankind," 
 
 and Macclesfield, whose corruption was systematically 
 exercised ; since a chief justice Thorpe could traffic with a 
 suitor s rights ; since an Earl of Middlesex could delay jus 
 tice, in a matter referred to his decision by his king ; it is not 
 incorrect to place chancellor Wythe in dignified opposition : 
 not to praise indeed that conduct which resulted from adhe 
 rence to duty, but to hold him up to the world as an example 
 of republican integrity. Bacon died despised and unpitied ; 
 Parker lost his estate, and languished in imprisonment ; 
 Thorpe was sentenced to death ; and the most exemplary 
 punishment was inflicted by James I. on the commissioner 
 who was tardy in executing his trust. George Wythe, liv 
 ing, was the fountain of justice dead, his spotless integrity 
 has erected him a durable monument in the memory of his 
 countrymen. 
 
 Wythe had suffered much during the revolution in his 
 pecuniary circumstances. Not only did he devote his time 
 and property to the public service, but the greater part of 
 his slaves which he inherited from his father, was carried 
 over to the enemy by the dishonest manager of his Hampton 
 estate. His immediate relatives, however, benefitted during 
 his life by his generosity. One half of his estate in Eliza- 
 
184 WYTHE. 
 
 betli City he settled on his nephew, and of the remaining part, 
 being sold, the payment of the purchase money was protracted 
 during many years. Thus his resources were limited, and 
 although his salary as chancellor did not exceed three hun 
 dred pounds per annum, by economy and judicious manage 
 ment, he discharged his debts, preserved his independence, 
 and was enabled, besides, to perform many conspicuous and 
 estimable actions of private charity. The professorship of 
 law, in the college of William and Mary, for some time gave 
 him an additional income ; but the arduous duties of chancel 
 lor induced him, on his removal to the city of Richmond, to 
 vacate the chair. 
 
 In December, 1786, he was selected by the legislature, to 
 gether with Washington, Henry, Randolph, Blair, Madison 
 and Mason, as delegates to meet the proposed convention, to 
 revise the federal constitution. His country never losing 
 sight of his distinguished patriotism and abilities, when 
 occasion required his services, we again find him a conspi 
 cuous member of the great public body assembled at Rich 
 mond, in 1787, to take into view the adoption or rejection of 
 the lately framed constitution of the United States. Subse 
 quently, he was twice a member of the presidential electoral 
 college of Virginia, and presided with great distinction and 
 applause over its meetings. 
 
 Amidst all his public services, throughout all his private 
 life, the devotion of Wythe to his country, his scrupulous dis 
 charge of the duties of his office, and his universal benevo 
 lence of disposition, were eminently apparent. Some of the 
 greatest luminaries at the bar, and in the senate, that Vir 
 ginia has produced, were instructed in science and led up to 
 the steep of Fame by George Wythe. In the list of his 
 pupils we may enumerate two presidents of the United States, 
 
WYTHE, 1S5 
 
 a chief justice, and others, who by their abilities and virtues 
 are entitled to the most distinguished honours of theii coun 
 try. Not confining his efforts to those situations in which 
 duty impelled him to exercise the great faculties of his mind 
 for the public advantage, his active philanthropy induced 
 him to institute a private school, in which his great pleasure 
 was to impart instruction to such young persons as wished 
 for improvement: demanding no compensation, his reward 
 was found in virtuously educating republican citizens, who 
 would transmit to posterity the pure principles of the vene 
 rable sage and statesman. 
 
 In emancipating his slaves, Wythe did not cast them 
 on the world friendless and needy ; he gave them sufficient to 
 free them from want, and his own example had taug it them 
 industrious habits. He had also carried his benevolent dis 
 position to the extent of imparting instruction to a negro boy, 
 whom he had taught the Latin and Greek languages, and 
 who was considerably advanced in science, but unfortunately 
 died a few days before his benefactor. 
 
 An unassuming modesty, a simplicity of manners, and a 
 general equanimity of temper, were his distinguishing per 
 sonal characteristics throughout life. To the possession of 
 these qualities, may be referred the cause of his religious 
 opinions being unknown. Immersed in public buisiness, his 
 time devoted to his country, and the energies of his mind 
 directed to her best interests, Wythe sought not in private 
 conversation to disclose his own belief, or to elicit that of 
 others. It was his daily endeavour to live a Christian, and 
 he effectually succeeded. William Mumford, one of his 
 most intimate friends, who pronounced his funeral eulogium, 
 and who feelingly describes himself as an "unfortunate 
 orphan," who found in Wythe "a second father, instructor 
 VOL. IV A a 
 
186 WYTHE. 
 
 and friend," rescues the character of his " dear and noble 
 benefactor," from the charge of infidelity. "He conveyed 
 to me," says he, " a year or two before his death, his full 
 conviction of the truth of the Christian religion ; and on his 
 death -bed, often prayed to Jesus Christ his Saviour, for 
 relief." 
 
 His long life of public usefulness was closed, in exhibiting 
 an additional proof of fervent devotion to the interests of the 
 community. Tortured on the bed of death, with agonies 
 produced by poison taken in some portion of his aliment, he 
 was immersed in the study of cases, yet pending in his court; 
 regretting as long as his senses continued, the delay and con 
 sequent expense which would be incurred by the parties, 
 should his illness prove fatal. He died in the midst of this 
 benevolent anxiety, on the 8th of June, 1806, in the eighty- 
 first year of his age. 
 
 In his death, Virginia mourned one of her most favoured 
 sons : but the cause of his sudden loss spread an additional 
 gloom over the darkness of her grief. No doubt remained 
 of his death being produced by violence, and suspicion fell 
 upon one, who if guilty, would have added the blackest in 
 gratitude to the most detestable of crimes. 
 
 By his last will lie bequeaths a great part of his property 
 in trust, to support his three freed negroes, a woman, a man 
 and a boy, during their lives ; after several legacies, particu 
 larly one, "of his books and philosophical apparatus, to his 
 valued friend Thomas Jefferson, president of the United 
 States," the remainder of his estate is devised to George 
 Wythe Sweney, the grandson of his sister. 
 
 During the life time of Wythe, his freed man died, and by 
 a codicil to the will, the legacy to the freedboy is increased, 
 with a provision, that if he should die before his full age, the 
 
VVYTHE. 187 
 
 bequest to him should enure to the benefit of Sweney, the 
 residuary legatee. 
 
 A few days before the death of Wythe, a second codicil is 
 dated; in this instrument the freedboy is mentioned as 
 having "died this morning:" all the devises to George 
 Wythe Sweney are revoked, and the whole of the chancel 
 lor s estate is left to the other grandchildren of his sister, 
 the brothers and sisters of Sweney, to be equally divided 
 between them. 
 
 The sudden death of the negro boy ; the revocation of the 
 former devises; the suspicions of the community, fatally 
 confirmed by the death of Wythe himself, all tend to the con 
 clusion that poison was introduced amongst the provisions of 
 the household. The residuary legatee of the first will, sub 
 mitted to a public trial, on the charge of poisoning his uncle 
 arid freedboy : an acquittal by a jury has caused a veil to be 
 dropped over the transaction revolting to humanity ; and the 
 solemn decision of a criminal court, has shown to the world, 
 that although the lamented Wythe died by poison, yet legal 
 certainty cannot be attached to his murderer. 
 
 He had been twice married ; his first wife was the daughter 
 of Mr. Lewis, with whom he had studied law; and his second 
 was a lady of the wealthy and respectable family of Talia- 
 fero, residing near Williamsburg. He had one child, which 
 died in infancy, arid no issue survived him. 
 
 Mr. Jefferson, to whom we are indebted for some of the 
 facts of the preceding narrative, has thus drawn the portrait 
 of the instructor of his youth, the friend of his age, and his 
 compatriot through life. 
 
 " No man ever left behind him a character more venerated 
 than George Wythe. His virtue was of the purest kind ; his 
 integrity inflexible, and his justice exact; of warm patriotism, 
 
188 WYTME. 
 
 and devoted as he was to liberty, and the natural and equal 
 rights of men, he might truly be called the Cato of his coun 
 try, without the avarice of the Roman ; for a more disin 
 terested person never lived. Temperance and regularity in 
 all his habits, gave him general good health, and his unaf 
 fected modesty and suavity of manners endeared him to every 
 one. He was of easy elocution, his language chaste, me 
 thodical in the arrangement of his matter, learned and logi 
 cal in the use of it, and of great urbanity in debate. Not 
 quick of apprehension, but with a little time, profound in 
 penetration, and sound in conclusion. In his philosophy he 
 was firm, and neither troubling, nor perhaps trusting any 
 one with his religious creed, he left to the world the conclu 
 sion, that that religion must be good which could produce a 
 life of such exemplary virtue. 
 
 "His stature was of the middle size, well formed and pro 
 portioned, and the features of his face, manly, comely, and 
 engaging. Such was George Wythe, the honour of his own, 
 and model of future times." 
 
- ; 
 
 1 .. i.-i\vr;.-k .v .1 . tan 
 
RICHARD HENRY LEE. 
 
 To censure a just pride of ancestry would be to lessen the 
 incentives of virtue ; and since he who was the idol of a 
 people s worship has declared, even when holding up to 
 scorn the folly of aristocracy, " that the glory of our fore 
 fathers is a light to their posterity," it may he permitted to 
 observe, that Richard Henry Lee traces his descent from 
 one of the most ancient and distinguished families in Virginia. 
 
 The firmness and policy of his great grandfather, obtained 
 nominally for Virginia, what his own energetic eloquence 
 and active patriotism afterwards contributed effectually to 
 secure to her, the title of an independent dominion. When 
 the arbitrary taxation of the first king Charles of England 
 had lost to him his kingdom and his life, as Virginia had 
 not suffered with the parent state, so she shared not in its 
 joy on this event, and only by treaty as an independent 
 dominion, would she consent to avail herself of the protector 
 ship of Cromwell. Mr. Lee and Sir William Berkley con 
 ducted, on the part of the colony, the negotiation which fol 
 lowed her resistance to the armed forces of the republic of 
 England. Before the voice of the people or the strength of 
 a faction had collected the scattered fragments of the throne, 
 the colony, moved by Lee and Berkley, proclaimed the second 
 
190 RICHARD HENRY LEE. 
 
 Charles, king of England, France, Scotland, Ireland, and 
 Virginia, while yet he wandered an exile in a foreign land ; 
 and the quartering of her arms on the ancient escutcheon 
 of his kingdom, testified the gratitude or the vanity of the 
 dissolute Stuart. 
 
 The memory of his father s services, or his own capacity 
 and influence, obtained for Richard, second son of Mr. Lee, 
 an honourable and important situation, a seat in the king s 
 council in the colony, which he was able to transmit to his 
 son Thomas, the father of him whose life it is proposed to 
 sketch. 
 
 Historians record a few intimations of facts, long antece 
 dent to their existence, which philosophy has been perplexed 
 to explain ; some refer them to strange but casual coincidence, 
 some to remarkable foresight, while others almost dare to 
 call them prophecies. To these may be added, as an instance 
 of peculiar sagacity or prophetic anticipation, the conviction 
 in the mind of Mr. Thomas Lee, then president of the king s 
 council, that America would yet take her place among the 
 nations of the earth, and that the capital of the independent 
 sovereignties would be established near the little falls of the 
 Potomac. That this was not a conjecture at random, or 
 mere transient impression, may be inferred from the fact 
 that he took up and settled large tracts of land in that neigh 
 bourhood, at the distance of only three miles from the place 
 actually chosen, half a century afterwards, for the seat of 
 the general government. It was far from his hereditary 
 estates, for these lay in that county which has had the ho 
 nour of furnishing three presidents to the United States ; and 
 may with pride and exultation number among her sons a 
 Washington, a Lee, a Jefferson, and a Monroe. 
 
RICHARD HENRY LEE, 
 
 To RICHARD HENRY LEE, who was born on the twentieth 
 of January, 1732, in Westmoreland county, Virginia, seems 
 to have descended an hereditary care of his native state, for 
 his maternal grandfather and uncle, held with credit to them 
 selves and advantage to their country, seats in the king s 
 council, of which his father was president, and his great 
 grandfather in that line, was governor Ludwell, of North 
 Carolina. 
 
 Fashion prompted, or necessity urged, in the infancy of 
 the colony, such as could afford the expense, to send their 
 children to England to he educated. Wakefield, in York 
 shire, then a flourishing school, was selected for Mr. Lee ; 
 where the refinements of the town were mingled with the 
 economical hahits of the country. The classic pursuits and 
 chaste style of Mr. Lee in after life, may give a favourable 
 opinion of his docility and talent, while they contribute to 
 support the well earned fame of his tutor, as a scholar and 
 a teacher. The histories of the ancient republics inspired 
 him with a love of liberty, taught him the fate of tyrants 
 and elated him with hope, not, however, unmingled with ap 
 prehension, for he saw them at times tossed by the storms 
 of faction and again awed to the stillness of despotism. The 
 love of rational liberty, thus excited, was strengthened by 
 the beautiful portraits of her in the ancient authors, while 
 defects in their systems were discovered by the strength of 
 his own reflections, aided by the liberal views of the philo 
 sophic Locke. To studies calculated to form the character 
 of a firm patriot, an enlightened statesman and an elegant 
 scholar was his attention devoted, free from the restrictions 
 which professional duties impose. 
 
 Ethics, in its most extensive meaning, and the philosophy 
 of history were his favourite pursuits ; the manuscript sys- 
 
192 RICHARD HENRY LEE. 
 
 terns of which, compiled from his reading, or deduced from 
 his own thoughts, are yet in existence to prove the force of 
 his intellect, the closeness of his application, and the depth 
 of his research, by the judicious views and lucid arrangement 
 which these extensive notes of study exhibit. In the retire 
 ment of his brother s family, where lie had access to a well 
 chosen library, these were composed with persevering indus 
 try, between the time of his return from school in his nine 
 teenth year, and that period when the cries of the frontier 
 settlers, under the tomahawk and scalping knife of the In 
 dians, pierced the hearts of the Virginians in the low coun 
 tries, and the volunteers of Westmoreland invited him to 
 lead them to protect the living and avenge the dead ; this 
 was in his twenty-third year. 
 
 Henceforth the sketch of Mr. Lee s life ought to be the 
 annals of his country ; his actions are recorded in the ar 
 chives of the nation ; yet allusion must too frequently sup 
 ply, the full detail which the nature of this work excludes, 
 and the development of causes be sought for in histories 
 more diffuse. 
 
 France, in the war which preceded the peace of Aix, 
 teaching the dire lesson, which England in our contest for 
 Independence, with rancorous aptitude practised, had roused 
 the savage Indian against the frontier colonists, and exter 
 minating warfare was carried on, long after the ratification 
 of peace by the courts of Versailles and Saint James. The 
 terms of this peace were, to return to the situation which the 
 parties held before the war ; hut this had never been accu 
 rately defined. The merit of having formed the Ohio com 
 pany is claimed for the father of Richard Henry Lee ; it was 
 composed of the most influential men in the colony and rich 
 merchants in London, for the two-fold purpose of commerce 
 
RICHARD HENRY LEE. 193 
 
 and extension of territory. The French, desirous of con 
 necting their northern and southern colonies, claimed and 
 seized territory which they considered the property of this 
 company. Already had Virginia attempted to expel from 
 her boundaries the invading foe, and to protect her sons from 
 savage warfare, under the command of the father of his coun 
 try, then a major in her service ; hut routed at the Little 
 Meadows, the retreating army was followed by the wives 
 and orphans of the white settlers, and Virginia was trem 
 bling to her centre, when general Brad dock, with reenforce- 
 ments from England arrived, and summoned the governors 
 of the colonies to meet him at Alexandria, in Virginia, to 
 devise means for the public safety. 
 
 Thither Mr. Lee led the troops of his native county, and 
 tendered his own services with those of the gallant band who 
 had volunteered in the cause of their country, but the blind 
 courage of Braddock could not see that their assistance was 
 necessary, or his insolent contempt of provincials, induced the 
 belief that it would be useless ; his death in the first battle 
 was the forfeit of his presumption or his ignorance, while 
 Mr. Lee returned to his home, and to those civil duties which 
 have given him a place in history, and his name to the re 
 motest posterity. 
 
 As death approaches, the solicitude of a parent for his chil 
 dren s welfare frequently absorbs that which a rational crea 
 ture might be supposed to feel for himself, \vhen touching the 
 confines of a new and untried existence ; it is often so intense, 
 that the excitement which it gives to the powers of the intel 
 lect has been thought the result of an approximation to the 
 omniscient mind, in more intimate communion. To many 
 in such moments, the integrity, the knowledge and the in 
 fluence of Mr. Lee, so strongly recommended him, that even 
 VOL. IV. B b 
 
194 RICHARD HENRY LEE. 
 
 at this early age, he was selected by them for the guardian of 
 the fatherless and protector of the helpless. For such em 
 ployments, and for the cultivation of his mind, his indepen 
 dent fortune afforded him sufficient leisure, till in 1757, the 
 voice of the people attracted the attention of the government, 
 and he was appointed justice of the peace for the county ; 
 but his election to the house of burgesses, which happened in 
 the same year, was derived from a more legitimate source of 
 power. The petition of the other magistrates to the governor, 
 praying, that the commission of Richard Henry Lee might be 
 so dated, as to permit his election to the office of president of 
 the court, before the time which his appointment legally al 
 lowed, proves, if not his fitness fur office, their conviction 
 that he had discharged his duty in an efficient and satisfac 
 tory manner. Not to mention, that the county courts of 
 Virginia were then without limit to their jurisdiction, both 
 in law and equity, might induce some to undervalue this 
 appointment, but to develop their powers would be to digress 
 from the subject of this memoir. 
 
 Want of confidence, induced by philosophic research and 
 solitary study, or dissatisfaction, from the manner in which 
 business was done in the house of burgesses, retarded Mr. 
 Lee s advancement as an orator or leader of a party, but not 
 his progress in knowledge or his attention to the interests of 
 his constituents. With the resources and revenues of the 
 colony, and the state of the treasury, he became thoroughly 
 acquainted in the first session after his election, and the re 
 sult of his investigation proved to him, that in the council 
 his services would be more productive of advantage to his 
 country. At present, he who would obtain an office ought 
 to show himself a good citizen, and able to discharge the 
 duties of it, and condescend to no other solicitation; at that 
 
RICHARD HENRY LEE. 195 
 
 time patrons bestowed it, and it was requisite even for 
 Richard Henry Lee to engage the interest of his friends in 
 London in his behalf; but the only motive which he urges 
 for this purpose is, "his laudable ambition to do his country 
 service." The motive was weak, or the influence of his 
 friends ineffectual, and he was left in the house of burgesses 
 till conflict with his colleagues removed his natural diffidence, 
 till the strength of his mind was excited by the important 
 duties of his station, and he acquired for himself the well 
 merited title of the Cicero of America. 
 
 The first debate in which he took an active part, was on 
 the limitation of slavery ; a subject which has since threat 
 ened to shake the union to its centre. The evil of slavery 
 was entailed on us by our forefathers ; it is the only stream 
 of bitterness, from the fountain of kingly power, which has 
 not been made sweet, by throwing into it the tree which the 
 Lord God has shown to us, the tree of liberty. The classic 
 purity, conciseness and strength of argument which this 
 speech exhibits, may justify, perhaps, its introduction here, 
 as the first, and one of the few, which survive him who is 
 said to have spoken a nation into existence. 
 
 The question before the house was, " to lay so heavy a 
 duty on the importation of slaves as effectually to stop that 
 disgraceful traffic ;" and Mr. Lee thus addressed the speaker 
 in favour of the imposition. 
 
 " As the consequences, sir, of the determination which we 
 must make in the subject of this day s debate, will greatly 
 affect posterity as well as ourselves, it surely merits our most 
 serious attention If this be bestowed, it will appear both 
 from reason and experience, that the importation of slaves 
 into this colony, has been, and will be attended with effects 
 dangerous to our political and moral interest. When it is 
 
196 RICHARD HENRY LEE. 
 
 observed that some of our neighbouring colonies, though 
 much later than ourselves in point of settlement, are now far 
 before us in improvement, to what sir, can we attribute this 
 strange but unhappy truth ? The reason seems to be this, 
 that with their whites, they import arts and agriculture, 
 while we with our blacks, exclude both. Nature has not 
 particularly favoured them with superior fertility of soil, 
 nor do they enjoy more of the sun s cheering influence, yet 
 greatly have they outstript us. 
 
 " Were not this sufficient, sir, let us reflect on our danger 
 ous vicinity to a powerful neighbour; and that slaves, from 
 the nature of their situation, can never feel an interest in 
 our cause, because they see us enjoying every privilege and 
 luxury, and find security established, not for them, but for 
 others ; and because they observe their masters in possession 
 of liberty which is denied to them, they and their posterity 
 being subject for ever to the most abject and mortifying sla 
 very. Such people must be natural enemies, and conse 
 quently their increase dangerous to the society in which they 
 live. 
 
 "This reasoning we find verified in the Grecian and 
 Roman histories, where some of the greatest convulsions 
 recorded, were occasioned by the insurrections of their 
 slaves; insomuch, says a Roman historian, that Sicily was 
 more cruelly laid waste by the war with the slaves, than by 
 that with the Carthaginians. This slavish policy still con 
 tinuing in Rome, at length increased the number of slaves 
 so much, that the Romans were obliged to make for their 
 government laws so severe, that the bare recital of them is 
 shocking to human nature. 
 
 " Nor, sir, are these the only reasons to be urged against 
 the importation. In my opinion, not the cruelties practised 
 
RICHARD HENRY LEE. 197 
 
 in the conquest of Spanish America, not the savage barbari 
 ties of a Saracen, can be more big with atrocity than our 
 cruel trade to Africa. There we encourage those poor igno 
 rant people to wage eternal war against each other; not 
 nation against nation, but father against son, children against 
 parents, and brothers against brothers ; whereby parental 
 and filial affection is terribly violated ; that by war, stealth 
 or surprize, we Christians may be furnished with our fellow 
 creatures, who are no longer to be considered as created in 
 the image of God, as well as ourselves, and equally entitled 
 to liberty and freedom, by the great law of nature, but they 
 are to be deprived, for ever deprived, of all the comforts of 
 life, and to be made the most miserable of all the human race. 
 I have seen it observed by a great writer, that Christianity, by 
 introducing into Europe the truest principles of humanity, 
 universal benevolence, and brotherly love, had happily abo 
 lished civil slavery. Let us, who profess the same religion, 
 practise its precepts, and by agreeing to this duty, convince the 
 pay a proper regard to the dictates of justice and humanity." 
 world that we know and practise our true interests, and that we 
 
 What effect this measure might have had on the prosperity 
 of Virginia, it is impossible to conjecture ; it is probable, 
 however, that the pleasure of having done his duty, was 
 the only result of the speech to the orator who delivered it. 
 
 The love of power is so exclusive in its nature, that it per 
 verts the judgment, and would limit the competency to share 
 in government to those with whom timidity makes it parti 
 cipate. Presenting in a mass the evils which reason has 
 traced or declamation imputed to republican principles, it 
 brands as visionary, or condemns as false, the maxim "that 
 the people are the legitimate source of power. * In the house 
 of burgesses of Virginia, there was a party which seemed to 
 
198 RICHARD HENRY LEE. 
 
 be actuated by this exclusive principle, and willing to believe 
 that the capacity of a people to manage their own concerns 
 was contradicted by history. These were they, who cover 
 ing their ignorance with the veil of pride, and their vices 
 with the trappings of wealth, affected to look down with 
 contempt upon, what they were pleased to call, the lower 
 orders of the community. They voted with the administra 
 tion on every subject, and imitated in all that was worth 
 less, hereditary nobility. Lavish, dissolute, and haughty, 
 their income did not always meet their expenses, and their 
 pride was not so unbending, as to resist the pressure of their 
 other vices; hence they came under pecuniary obligations 
 to Mr. Robinson, the then treasurer of the colony, and 
 leader of the aristocratic party in the house of burgesses. 
 
 When his private funds failed, facility of temper, weakness 
 of judgment, or depravity of intention, prompted him to lend 
 to his friends, the redeemed treasury bills, which honesty of 
 purpose in the duties of his office, required him to destroy, 
 least at any time, the colony by them might sustain some loss. 
 
 The odium of malignant motive, too frequently rests 
 on a prosecutor, who fails to prove the delinquency of one 
 high in official station and in the estimation of the pub 
 lic. There was a great risk, therefore, in the attempt to 
 bring to light the secret and corrupt practises of the treasu 
 rer. An inquiry into his conduct was likely to be vigorously 
 resisted by the faction, whose consciences could anticipate 
 the result, and it was entered on with reluctance by all to 
 whom his suavity of manners, his frankness and liberality, 
 had much endeared him. "With a conviction of the necessity, 
 men shrunk nevertheless from the responsibility, of calling 
 for and conducting an investigation into the state of the 
 treasury. But Richard Henry Lee, regardless of all selfish 
 
RICHARD HENRY LEE. 199 
 
 considerations, fearlessly undertook the task, nor desisted, 
 till he had finished the work which imperious puhlic duty 
 required at his hands. With candour in his countenance, 
 and persuasion on his tongue, his eloquence brought convic 
 tion to all, even to those whose sophistry attempted to 
 obscure the truth, while, by threatening looks, they impo- 
 tently endeavoured to check its development. To the colony, 
 the result of the inquiry was security from heavy losses and 
 pecuniary embarrassment, while Mr. Lee gained for himself 
 the gratitude of a people, a high place amid the republican 
 party, and the approbation of his own conscience. 
 
 To mark the course of events, which rendered it necessary 
 to sever the bonds that had connected us with England, would 
 be to presume ignorance in the reader of what has been told 
 in other parts of this work. A far more grateful task is 
 ours to show the successful opposition of Mr. Lee to tho 
 arbitrary measures of the British ministry, and his able sup 
 port of all that was, by the laws of nature and of nature s 
 God, the right of an American. 
 
 The termination of the war with France was glorious to 
 the arms of England, but her treasury was exhausted, her 
 resources anticipated, and her people restless under their 
 burdens. To remedy these evils, and at the same time 
 maintain a large standing army, the mind of Charles Town- 
 shend conceived the design of taxing the colonies ; and in a 
 brilliant speech on the subject, he dazzled the eyes of the 
 British parliament, by playing before them the image of a 
 revenue to be raised in this country. Then was the theory 
 laid down in Mr. Grenville s act, that it was just and neces 
 sary to raise a revenue in America, and the attempt to cany 
 this system into practice by the stamp duty bill, sounded an 
 alarm that awoke all the colonies. But to Mr. Lee the con- 
 
200 RICHARD HENRY LEE. 
 
 sequences were evident, from the first glimmering of that 
 new light system of taxation, which was to he independent 
 of the consent of those from whom the taxes were to be 
 levied. Then every feeling of his mind merged in the love 
 of his country, and this he exhibited in his domestic arrange 
 ments, in his private conversation, in his familiar correspon 
 dence, and in his public conduct. Arguments from reason, 
 justice, and the spirit of the British constitution, were suffi 
 cient to overturn the assumption in the declaratory act, and 
 these Mr. Lee furnished to his friends in London and in the 
 colonies, one month after the passage of that odious mea 
 sure. 
 
 Would any rational being risk his life, and renounce his 
 liberty, to obtain the unenviable state of an oppressed slave ? 
 Yet such would be the purchase and such the price paid by 
 the first settlers in America, if the principle of Mr. Gren- 
 ville s act has a foundation in reason. Was it just to repay 
 those who, by many sacrifices and great dangers, had en 
 larged the territory and increased the wealth of Britain, by 
 rendering their property insecure, putting it all or in part 
 into the hands of men, over whom they had no control and 
 by depriving them of their most valuable birth-right ? The 
 right to be governed by laws made by their representatives, 
 and the consequent illegality of taxation without consent, 
 are essential principles of the British constitution ; is it not 
 then matter of wonder that such a declaratory act could be 
 made by men professing to maintain such principles ? The 
 conclusion of Mr. Lee s letter, written on the thirty-first of 
 May, 1764, contains a sentence which may serve to show his 
 thorough acquaintance with the spirit of his fellow country 
 men, and to fix the point to which all his patriotic exertions 
 were to tend. " Possibly this step (speaking of the declara- 
 
RICHARD HENRY LEE. 
 
 tory act) though intended to oppress and keep us low, in 
 order to secure our dependence, may be subversive of this 
 end. Poverty and oppression, among those whose minds 
 are filled with ideas of British liberty, may introduce a vir 
 tuous industry, with a train of generous and manly senti 
 ments, which, when in future they become supported by 
 numbers, may produce a fatal resentment of parental care, 
 converted into tyrannical usurpation. I hope you will par* 
 don so much on this subject; my mind has been warmed and 
 I hardly know when to stop." 
 
 Even absolute princes seldom hazard the assertion of a 
 bare abstract principle, offensive to their slaves ; hence it 
 would have been blindness not to perceive, that the declara 
 tory act of the British parliament would only present an 
 alternative of evils, humiliation or resistance. But the 
 address to the king, the memorial, and the remonstrance to 
 both houses of parliament, proclaimed to the British ministry 
 the feelings of the colony of Virginia. The whole subject 
 was brought before the house of burgesses by Richard Henry 
 Lee, and he was on the committee to prepare these docu 
 ments ; for the two first, his country is indebted to his pen, 
 as the manuscripts in possession of his family prove. 
 
 Early in the session of 1765, the celebrated Patrick Henry, 
 whom we have noticed more fully in a preceding biography, 
 proposed the celebrated resolutions against the stamp act, 
 which are there inserted. At the time, Mr. Lee had not reach- 
 ed the seat of government ; he came, however, soon enough 
 to support them in the discussion ; and it was by their united 
 exertions that these resolutions were carried, in opposition 
 to the timidity of some, and the resistance of others, whom 
 corruption or perverted judgment blinded to their country s 
 welfare. 
 
 VOT,. IV. C c 
 
202 KICHARD HENRY LEE. 
 
 The boldness and enterprising spirit of these great men 
 were equal, their application to business and indefatigable 
 industry were not, as they too often are, the handmaids of 
 ambition, or the result of their lust of power : with equal 
 lustre, these twin brothers of liberty shone amid the dark 
 ness of danger, and the horrors of war, cheering and guiding 
 their country through seas of difficulty and peril, to freedom 
 and to glory. Men knew not which most to admire in the 
 debate, the overwhelming might of the one, or the resistless 
 persuasion of the other ; nor would it be possible now to fix 
 with precision the amount of the debt of gratitude, which is 
 due to them, not only from their native state, but from the 
 whole union. 
 
 In the arduous task which Mr. Lee proposed to himself, of 
 breaking down that wall of proud and perfect separation, 
 which in Virginia had hitherto divided the patricians from 
 the people, and which seemed as lofty and as strong, as that 
 which in the Roman republic prevented these classes from 
 intermarrying, and the latter from aspiring to situations for 
 which in all things, save birth, they might be qualified, means 
 as diversified as the species of opposition were necessary. 
 None more effectual offered, than to unite his fellow citizens 
 in one association, bound together by their hatred of the 
 chain which tyrannical power had cast around them. This 
 he performed ; and men of all parties in Westmoreland county 
 united to oppose the stamp act, binding themselves to each 
 other, to God, and their country, to resist that abject and 
 detestable slavery, to reduce them into which attempts fo 
 reign and domestic were daily made. To shew what patriot 
 ism will dare, when opposed to arbitrary power, the third 
 article of this, the first formed association in the colony, is 
 recorded. " As the stamp act does absolutely direct the pro- 
 
RICHARD HENRY LEE, 203 
 
 perty of the people to be taken from them, without their con 
 sent expressed by their representatives, and as in many cases 
 it deprives the British American subject of his right to be 
 tried by jury, we do determine, at every hazard, and paying 
 no regard to death, to exert every faculty to prevent the exe 
 cution of the stamp act, in every instance, within the colony." 
 
 But their opposition was not confined to words, for, soon 
 after the formation of this society, Mr. Lee, having heard 
 that one of his fellow citizens was sufficiently abandoned in 
 principle to accept an office under such an act, so offensive to 
 the people, so destructive of their rights, summoned the as 
 sociation, and leading them to the residence of the collector, 
 compelled him to give up the stamped paper in his possession, 
 to destroy his commission, and to swear that thenceforth he 
 would not be instrumental in the distribution of stamps. 
 
 Such active and persevering resistance was thus excited 
 against the arbitrary measure, that it was believed there was 
 then but one person who would dare to show his attachment 
 to the British government by the use of stamped paper. He 
 was a man of wealth and influence. The temptation to vio 
 late the rules of the association of resistance was strong, as 
 the power was ready to support and reward those who would 
 dare to transgress, and one instance of unpunished violation 
 would be of dangerous tendency. To prevent that, which if 
 done, could not have been remedied, Mr. Lee (under the sig 
 nature of a Virginia planter) addressed the good people of 
 the colony, holding up to the guilty the terrors of a people s 
 vengeance, and pointing out to the citizens in language, clear 
 and simple as truth, the danger of permitting such an exam 
 ple. This address shows the great power which the orator 
 possessed of diversifying his style, and of adapting it to the 
 subject and the occasion. 
 
204 RICHARD HENRY LEE 
 
 The violence, (although some may think it botli indiscreet 
 and intemperate,) used to the opposers of the people s will, 
 can be justified by the maxim of policy, but was not the love 
 of glory the motive, or power the reward sought by the 
 active men who were in those days first in the path of 
 liberty? While we approve the measures of Mr. Lee, ami 
 acknowledge that he had a mind to conceive and patience to 
 execute the most arduous designs, may it not be thought 
 that the rottenness of blasted ambition, mingling with, may 
 have tainted purer motives, since it is known, that he was an 
 unsuccessful candidate for the situation of collector of stamp 
 duties? Such a charge was brought by those, who sought to 
 weaken the efficacy by impugning the motives of his opposi 
 tion to tyranny, and he found it necessary to state in the 
 Virginia Gazette, that an offer had been made to him by a 
 friend, which he promised to accept, but a few days delibe 
 ration convinced him of the consequences of the measure to 
 his country, and, therefore, he forwarded no duplicate of his 
 letter, but pursued such a course before the appointment was 
 made, as effectually prevented his nomination. Should any, 
 from a pretended zeal for justice, or from a false estimate of 
 the devotion to the cause of liberty, which supported and 
 animated those who achieved the independence of our coun 
 try, think this defence inadequate and say, "who can be 
 found guilty, if it be sufficient merely to deny?" to him, in the 
 words of a Roman emperor, we reply, who can be innocent 
 if it be sufficient to affirm? and it will be scarce necessary to 
 add, that the affirmation rests on the faith of the bitterest 
 enemies of his country. 
 
 The resistance of the colonies made it impossible to exe 
 cute the stamp act; the failure of the revenue expected from 
 it, exposed even to the English, its illegality, so that when the 
 
ItiCHARD HENRY LEE. 205 
 
 personal feelings of the king removed its supporters from his 
 councils, the new administration lessened the difficulties of 
 their station, without impairing their popularity by a repeal 
 of the odious measure. Mr. Lee joined in the general joy of 
 his countrymen, but was not satisfied, for the repeal was 
 accompanied with a clause, declaring the power of parlia 
 ment to bind the colonies. 
 
 The domestic politics of Virginia, at this season, were not 
 without difficulty. The dangerous influence of the treasurer 
 in the house of burgesses, did not rise altogether from the 
 causes before stated, his situation of speaker contributed to 
 them; the consequences of the union of these two offices in 
 the same person were apparent to all, but to effect their 
 separation, the combined energies of the patriotic party were 
 necessary; directed by Mr. Lee, and supported by Mr. Henry. 
 The motion of Mr. Lee "that they be now separated and fill 
 ed by different persons," was advocated by Patrick Henry, 
 and vigorously opposed by the royal party, but it finally 
 brought power to the patriots and security to the colony. 
 
 The shock in the political horizon, raised by the assertion 
 that the parliament was omnipotent to bind, although lost to 
 the many, in the brightness of the prospect which the repeal 
 illumined, escaped not the watchful eye of Mr. Lee ; to him 
 it foreboded to his country a coming storm. 
 
 The estimation of lords Chatham and Camden, among the 
 English nation, had aided the colonies in their late opposition, 
 for they were friends to American liberty or opposers of the 
 power of the ministry, and gratitude prompted or policy made 
 it necessary to secure, for future emergencies, the support of 
 advocates so powerful. Hence the proposal of Mr. Lee to 
 request the latter to permit his portrait to be taken, "that it 
 might remain to posterity a memorial of their veneration," 
 
206 RICHARD HENRY LEE. 
 
 was joyfully accepted by the inhabitants of Westmoreland ; 
 a subscription was made to defray the expense, and Mr. Lee 
 appointed to procure it for them. But the gentlemen of 
 Westmoreland were constrained to submit to the humiliating 
 feeling of a mark of their respect, spurned as vile, or neglect 
 ed as worthless. At first lord Camden promised, and made 
 several appointments with Mr. West, to sit for his portrait, 
 afterwards he seemed to forget his promise and not to walk 
 in the path which fair fame and honest independence would 
 mark out to him. 
 
 Mr. Lee was early and correctly informed of the pro 
 ceedings of the British parliament, and promptly acted on 
 his information. The disobedience of New York to the law 
 for the "quartering of the military," and the consequent sus 
 pension of its legislative assembly, hastened the crisis, and 
 convinced all men of intelligence, that the union of the colo 
 nies offered the only chance of safety. To this outrage on 
 the rights of freemen, temperate remonstrance was first 
 opposed, and the address to the king was moved in the house 
 of burgesses, and written by Mr. Lee, stating the grievances 
 under which the colonies laboured in consequence of the laws 
 for imposing duties on tea, for the quartering of the soldiery, 
 and praying redress. 
 
 Massachusetts and Virginia, knowing the powerful influ 
 ence of corresponding societies, contend each for the honour 
 of having first established them, " to watch the conduct of 
 the British parliament, to spread more widely correct infor 
 mation on topics connected with the interests of the colonies, 
 and to form a closer union of the men of influence in each." 
 Allusion has already been made to this circumstance in the 
 biography of Samuel Adams, a delegate from the former 
 colony $ and it may be repeated as an opinion in which 
 
RICHARD HENRY LEE. 20T 
 
 impartial men seem to agree, that the measure had deeply 
 occupied the thoughts of hoth these distinguished politicians, 
 and that each introduced it to the legislature of his own pro 
 vince, without concert, ahout the same period. There can 
 be no doubt that several years before this circumstance, the 
 plan had been formed and matured by Mr. Lee; this is 
 evident from a letter of his to John Dickenson of Pennsyl 
 vania, and from the verbal testimony of colonel Gadsden of 
 South Carolina, who stated that in the year 1768, he had 
 been invited by Mr. Lee to become a member of a corres 
 ponding society, " the object of which was, to obtain a mutual 
 pledge from the members to write for the public journals or 
 papers of their respective colonies, and to converse with, and 
 inform the people on the subject of their rights and wrongs, 
 and upon all seasonable occasions, to impress upon their minds 
 the necessity of a struggle with Great Britain for the ultimate 
 establishment of Independence." His letter to Mr. Dickenson 
 bears date July twenty-fifth, 1768, and contains the following 
 sentence: "To prevent the success of this unjust system, an 
 union of counsel and action among all the colonies is undoubt 
 edly necessary. The politician of Italy delivered the result of 
 reason and experience, when he proposed the way to contest by 
 division. How to effect this union in the wisest and firmest 
 manner, perhaps time and much reflection only can show. But 
 well to understand each other, and timely to be informed of 
 what passes both here and in Great Britain, it would seem 
 that not only select committees should be appointed by all the 
 colonies, but that a private correspondence should be con 
 ducted between the lovers of liberty in every province." 
 
 The event alone and the glorious termination of the con 
 test, could not shield from the charge of rashness or wild 
 ambition, Mr. Lee s scheme of severing from the parent 
 
208 . RICHARD HENRY LEE. 
 
 stem the flourishing scion, before a certainty that it had yet 
 spread its roots sufficiently wide to imbibe its own nourish 
 ment; for it is known that the issue is often directed by 
 a power beyond our control, be it fortune, or chance, or pro 
 vidence, which consults better for us than we for ourselves. 
 But the letters of his brother, Dr. Arthur Lee, convinced 
 him of the necessity there was for making a choice, and his 
 countrymen will approve the conduct of him who chose the 
 probability of achieving liberty at the risk of life, before the 
 inevitable certainty of abject and degrading slavery. 
 
 A love of science divided the heart of Dr. Lee with the 
 love of his country. The faculty of the University of Edin 
 burgh bore testimony to his acquirements, by awarding him 
 the first prize in botany, and his contest at the bar, when he 
 made the law his profession, against Dunning and Glynn, 
 sheds a lustre even on these distinguished advocates. The 
 friend and favoured correspondent of Sir William Jones, can 
 not be supposed deficient in taste, or ignorant of literature ; 
 and the attachment of lords Shelburne and Cardross, of 
 Barre and Wilkes, was founded on esteem and respect. His 
 appointment to its agency in London, by the colony of Massa 
 chusetts, before the revolution, his mission to the courts of 
 France, Spain, and Prussia, are honourable testimonies from 
 his country to his patriotism and talent. His vigilance was 
 only equalled by his devotion to the cause of freedom, and 
 his intimacy with the leading men of all parties in London, 
 where he then resided, afforded facilities for observation. 
 To his brother in 1768, he writes " that a change of men 
 in the British cabinet can produce no change of measures on 
 the American question. So circumstanced here, the cause of 
 American liberty will be desperate indeed, if it find not a firm 
 support in the virtuous and determined resolution of the peo- 
 
RICHARD HENRY LEE. 209 
 
 pie of America. This is our last, our surest hdpe, this our 
 trust and refuge." Another letter, written about the same 
 time, concludes thus, " once more let me remind you that no 
 confidence is to he reposed in the justice or mercy of Britain, 
 and that American liberty must be entirely of American 
 fabric." 
 
 On such assurances from one so competent to form a cor 
 rect opinion, aided by his own deductions from the course of 
 events, the fixed resolution of Mr. Lee to propose the inde 
 pendence of his country might have been characterized as 
 virtuous and prudent, even although his measures of policy 
 or operations of war had been frustrated, by the accidents of 
 circumstance to which they must never submit. 
 
 Early in the session of 1769, Mr. Lee called the attention 
 of the house of burgesses of Virginia to the late acts of the 
 British parliament ; his resolutions in opposition to the as 
 sumed right to bind the colonies, were characterized by some, 
 as the overflowings of a seditious and disloyal madness, and 
 produced the dissolution of the house ; but not until he had 
 as chairman of a committee on the judiciary and internal re 
 lations, brought in his report recommending the improvement 
 of the navigation of the Potomac as high as fort Cumber 
 land, thus evincing not only devotion to the cause of his coun 
 try, but a deep penetration into her best interests. 
 
 The dissolution of the house of burgesses concentrated the 
 opposition to the English ministry ; the members having 
 met in a private house, recommended their fellow citizens to 
 refrain from the luxuries, and even necessaries of life, if any 
 of these were not the productions of their native land. Their 
 advice operated as a law, non-importation societies spread 
 over the colony, which religiously observed, and rigorously 
 enforced the necessary restrictions. How far the exertions 
 Vox,. IV. D d 
 
210 RICHARD HENRY LEE. 
 
 of Mr. Lcc may have contributed to this most effectual means 
 of raising the voice of the merchants of Britain against the 
 measures of the ministry, has not been ascertained. It is cer 
 tain, however, that as an individual, he had long practised that 
 which this meeting proposed, and being convinced of its effi 
 cacy, he wished to see it generally adopted. To show that 
 in the variety of her productions, his country was indepen 
 dent of the world, and " to testify his respect and gratitude 
 for those, who had shown particular kindness to Americans," 
 he sent presents of wine, the produce of his own hills, to dis 
 tinguished men in England. The letters which accompanied 
 these, and the orders to his London merchant not to furnish 
 to him any article on which a duty had been laid, are 
 dated previous to the formation of any non-importation so 
 ciety. 
 
 Mr. Lee was not deceived by the calm intervals of hope, 
 which some of our countrymen permitted themselves to 
 enjoy, during the years 1770, and 1771. He persevered in the 
 course which he had marked out for himself, and by widely 
 extending his correspondence, spread that information which 
 the vigilance of his brother furnished. 
 
 Trial by jury, although in the hands of the deputies of 
 kings it may be often an engine of oppression, is too unwieldy 
 to he used for this purpose, if other means can be applied. 
 The English ministry knowing this, and the sentiments of 
 the people of America, did not believe, that among them, this 
 glorious .bulwark of liberty could be turned against herself, 
 hence they sought to substitute for it the forms of the civil 
 law, by extending the jurisdiction of the courts of admiralty. 
 The act for this purpose passed the British parliament in 
 1772, and immediately on the meeting of the house of 
 burgesses, Mr. Lee, in opposition to this unconstitutional 
 
RICHARD HENRY LEE. 211 
 
 measure, proposed to address an humble petition to his ma 
 jesty; which after reciting the grievances of his faithful 
 subjects, should pray, "that he would be most graciously 
 pleased to recommend the repeal of the acts passed for the 
 purpose of raising a revenue in America, and for subjecting 
 American property to the determination of admiralty courts, 
 where the constitutional trial by jury is not permitted." 
 
 While many, during the following year, 1773, listened 
 with melancholy attention, to the rumours spread abroad, 
 in consequence of the burning at Providence of the Gaspie 
 schooner, and the threatening aspect which the court of 
 enquiry assumed, Mr. Lee only sought accurate information, 
 on the subject. For this purpose, he commenced a corres 
 pondence with the intrepid patriot Samuel Adams, which 
 they afterwards continued, having been appointed by the 
 legislatures of their respective states, members of committees 
 on this subject. This correspondence exhibits so much dig 
 nified resentment, and firm determination, united with dis 
 passionate observation and calm reasoning, as would obtain 
 for it, even from the enemies of America, respect and con 
 sideration. 
 
 Lord North, the king s minister, suffered no passion to 
 divert, no pursuit of pleasure to withdraw him from his 
 deliberate design of destroying the liberties of this country. 
 Plausible, deep and treacherous, he caused the duty acts, to 
 be so far repealed, as would have imposed on the patriots of 
 America a perplexing alternative, civil war for a trifling 
 amount of taxes, or submission to a precedent of destructive 
 tendency, had not the opposition of the inhabitants of Boston 
 to the modified duty bill, taken the ministry by surprise, 
 and caused them in their wrathful impatience to propose, 
 
212 RICHARD HENRY LEK. 
 
 and the parliament to enact, a new and unheard of punish 
 ment, very disproportionate to the offence. 
 
 The first intelligence of this violent measure of the par 
 liament was received by Mr. Lee, from his brother Dr. 
 Arthur Lee, then in London, while the house of burgesses 
 was in session ; the resolution of the house to spend the day 
 on which this act was to take effect, as a day of fasting, 
 humiliation and prayer, caused the governor again to dissolve 
 it. In a letter written immediately after this event, Mr. Lee 
 states, that the unexpected dissolution of the house, prevented 
 him from offering certain rcsolulions which he had prepared 
 for the following day. The tenor of the whole may be 
 inferred from the two last, which are in these words, "Re 
 solved, that the blocking up, or attempting to block up, the 
 harbour of Boston, until the people there shall submit to the 
 payment of taxes imposed on them without the consent of 
 their representatives, is a most violent and dangerous at 
 tempt to destroy the constituional liberty of all British 
 
 America. Resolved, that be appointed deputies 
 
 from this house to meet at such deputies from the 
 
 other colonies as they shall appoint, there to consider and 
 determine on ways the most effectual to stop the exports from 
 North America, and for the adoption of such other methods, 
 as will be most decisive, for securing the rights of America 
 against the systematic plan formed for their destruction." 
 
 Mr. Lee, having been prevented from offering these reso 
 lutions, proposed that the members of the house should as 
 semble, and as representatives of the people, recommend the 
 meeting of a general congress. They met, but the majority 
 possessing less ardour, or as Uiey thought, less rashness than 
 Mr. Lee, pursued a more dilatory course. An address to 
 the people was drawn up by Mr. Lee, and approved by the 
 
RICHARD HENRY LEE. 213 
 
 meeting, embracing the substance of the first of the above 
 resolutions, but the second was softened into a recommenda 
 tion to the committee of correspondence, to obtain the senti 
 ments of the other colonies, on the expediency of a meeting 
 of deputies, "to deliberate on those general measures which 
 the united interests of America may from time to time re 
 quire." The meeting then adjourned till the first day of 
 August. 
 
 An incursion of the Indians, on the frontiers of Virginia, 
 furnished a cause or afforded a pretext to the governor, for 
 summoning a new house of burgesses. Policy might pros 
 trate what power could not suppress, the voice of a people 
 resolved on freedom. He, therefore, issued writs for a new 
 house, returnable on the eleventh of August, thus offering 
 to the representatives an opportunity of meeting in the usual 
 manner, as a reward for ten days delay, and as a bribe to 
 renounce the authority of the people. If such were his mo 
 tive, bitter disappointment was the fruit of his crafty scheme; 
 for he saw the most distinguished men in the colony meet, at 
 the call of the people, on the first of August, 1774, to com 
 pose the first assembly of Virginia. 
 
 After having advocated in this assembly, his favourite 
 measure, with all the fervour of his nature and the power 
 of his eloquence, Mr. Lee had the gratification to be deputed 
 by it, with Washington and Henry, as delegates to a conti 
 nental congress. This august body met at Philadelphia, on 
 the fifth of September, 177 -i. It is said that silence, awful 
 and protracted, preceded " the breaking of the last seal" in 
 this assembly, and that astonishment and applause filled the 
 house when this was done by Patrick Henry. The thrill of 
 exultation and glow of excitement might have subsided into 
 dejection or sunk into lassitude, had not Mr. Lee perceived, 
 
214 RICHARD HENRY LEE. 
 
 "the quiver on every lip, the gleam on every eye." With 
 the quickness of intuition, he saw, that a small impulse 
 could turn this mass of agitated feeling to evil or to good ; 
 he rose ; the sweetness of his language, and harmony of his 
 voice soothed, but did not suppress the emotions of the 
 meeting; while with the most persuasive eloquence, he taught 
 that there was but one hope for his country, and that was 
 in the vigour of her resistance. 
 
 In Wirt s Life of Patrick Henry, it is assumed, that Richard 
 Henry Lee was unfitted for the details of business, and it 
 seems to be inferred, that, when the topics of declamation 
 were exhausted, he whose powers could only be applied to 
 excite or assuage the passions of a multitude, must have lost 
 much of the influence which he had at first acquired. His 
 failure in composition is in the same place asserted ; but this 
 assertion, would seem to be a corollary, from a principle 
 which the author himself denies, that eloquence in speech and 
 in writing are rarely united, or it may rest on the report of 
 others, or be the fancy of his own powerful imagination, 
 believed without thought, and rashly asserted as a fact. 
 
 The colouring of character in history ought not to be 
 touched with partiality or disfigured by passion or resent 
 ment, but following the scries of events in the short session 
 of the first congress, to note those in which Mr. Lee took an 
 active and important part, may be necessary to correct the 
 inadvertency of the author of the Life of Patrick Henry. 
 
 Mr. Lee was a member of the leading committees of this 
 session; to prepare an address to the king of England, to 
 the people of Britain, and to the colonies. The committee 
 for the first, \\cre Messrs. Lee, Adams, Johnson, Rutledge 
 and Henry ; they reported a draught of a petition on the 
 twenty-first of October, which was recommitted for the pur- 
 
RICHARD HENRY LEE. 215 
 
 pose of embodying proposed amendments, and Mr. Dicken- 
 son was added to the committee. The amended petition was 
 brought in on the twenty-fourth, and finally adopted. Of 
 this, as well as of the original one, Mr. Lee has been gene 
 rally considered as the author, but justice requires that this 
 eloquent composition should be assigned to him who truly 
 wrote it. On the presentation of the first petitoin, which had 
 been drawn up by Mr. Lee, with all the energy natural to his 
 character, and with a bold assertion of opinions, which, though 
 coincided in by most of the delegates, it was deemed some 
 what imprudent yet to express, Mr. Dickenson was added, as 
 we have mentioned, to the committee, and to his pen the do 
 cument is to be assigned. Messrs. Lee, Livingston, and 
 Jay, were the committee to prepare a memorial to the people 
 of British America, and an address to the people of Great 
 Britain ; in the committee it was agreed that Mr. Lee should 
 prepare a draught of the former, the first in order and impor 
 tance, and that Mr. Jay should sketch the other, which was 
 accordingly done. On the twenty-first of October, the com 
 mittee reported a draught of the memorial ; it was debated 
 by paragraphs, and with some amendments approved. It has 
 always been believed, that the memorial was written by Mr. 
 Lee, nor have any reasons to doubt it come to our knowledge. 
 Messrs. Gushing, Lee and Dickenson were appointed to pre 
 pare an address to the people of Quebec, and it has often 
 been said and never contradicted, that this address was 
 written by Mr. Dickenson. 
 
 The committees to state the rights and grievances of the 
 several colonies, and to devise the most effectual means of 
 carrying into effect the resolution of non-intercourse with 
 Britain, were not less important than the foregoing commit 
 tees, and of these Mr. Lee was also a member. He knew, 
 
216 RICHARD HENRY LEE. 
 
 that in the convulsion of states, courage and vigorous enter- 
 prize give safety ; in such periods inactivity is certain de 
 struction, while bold temerity is often crowned with success; 
 he believed that to linger in doubt, in such a state of affairs, 
 might be ruin to their cause, and in this belief, he proposed 
 the following resolutions. "Resolved, that, as we find the 
 reason, declared in the preamble to the act of parliament for 
 raising a revenue in America, to be for supplying the civil 
 government, the administration of justice, and for protecting, 
 defending and securing the colonies, the congress recommend 
 it to those colonies, in which it is not already done, to pro 
 vide constitutional, competent, and honourable support for 
 the purposes of government and administration of justice, 
 and that as it is quite unreasonable, that the mother country 
 should be at the expense of maintaining standing armies in 
 North America for its defence, and that administration may 
 be convinced, that this is unnecessary and improper, as North 
 America is able, willing, and under providence, determined 
 to defend, protect, and secure itself, the congress do most 
 earnestly recommend to the several colonies, that a militia 
 be forthwith appointed and well disciplined, and that it be 
 w r ell provided with proper arms." This motion was not 
 carried in the form here given ; the manuscript from which 
 it is taken is in the handwriting of Mr. Lee, with the follow 
 ing memorandum superscribed, "A motion made in congress 
 by Richard Henry Lee to apprize the public of danger, and 
 of the necessity of putting the colonies in a state of defence; 
 a majority had not spirit to adopt it." 
 
 Mr. Lee hailed with joy the spirit which pervaded the 
 Suffolk resolutions, and cheered under their sufferings the 
 inhabitants of Boston ; with the feelings of a man for whom 
 property, and home, and life, have no allurements, when 
 
RICHARD HENRY LEE. 
 
 destitute of that which gives a charm to them all, the pos 
 session of liberty, he moved, "that the congress are of 
 opinion that it is inconsistent with the honour and safety of 
 a free people, to live within the control and exposed to the 
 injuries of a military force, not under the government of the 
 civil power." The moderation of congress, however, ena 
 bled them to see the evils, which had arisen to other govern 
 ments from too much legislation, hence they rejected Mr. 
 Lee s resolution, believing that it was a subject on which the 
 people of Boston ought to have an unprejudiced choice. 
 
 When the first Congress dissolved itself on the twenty- 
 sixth of October, 1774, the impression which remained on 
 the public mind, concerning Richard Henry Lee was, that 
 in him elegance of manners was united with the strictest 
 honour, and unshaken fidelity ; that he was proof against 
 temptation ; firm, upright and void of ambition ; that with 
 great ardour of feeling, the boldness of his spirit was under 
 the curb of reason and discretion. 
 
 Not to have returned Mr. Lee to the next assembly of 
 Virginia, in 1775, would have argued in the people of 
 Westmoreland, blindness to their own interest or ignorance 
 of his character: their unanimous suffrage, however, was a 
 grateful tribute to his merit and gave him a renewed oppor 
 tunity of serving his country. The proposal of Patrick 
 Henry, to arm the militia of the colony, met with opposition 
 in this assembly, but the coldest nature must have been 
 animated, the firmest prejudice moved, even the strongest 
 reason shaken, had reason been in opposition, by the rapid 
 communication of the passion for liberty, through the elo 
 quence of a Henry and a Lee. "Give me liberty, or give 
 me death," the concluding sentiment of the mover of the 
 resolution, rung; through the assembly, and the cords of 
 VOL. IV E 
 
218 RICHARD HENRY LEE. 
 
 every heart were vibrating in unison ; the choice, however, 
 was not made, till his friend and supporter assured them on 
 the faith of holy writ, " that the race was not to the swift, 
 nor the battle to the strong, and if, (said Mr. Lee,) the lan 
 guage of genius may be added to inspiration, I will say with 
 our immortal bard, 
 
 Thrice is he armed, who hath his quarrel just, 
 And he but naked, though locked up in steel, 
 Whose conscience with injustice is oppressed." 
 
 They then became impatient of speech, their souls were on 
 fire for action, the motion was carried, and Washington, 
 Henry, and Lee, with others, appointed to prepare the plan 
 called for by the resolution. 
 
 The second congress met on the tenth of May, 1775; to it 
 Mr. Lee was deputed by the convention of his native state, 
 having first received their thanks "for his cheerful under 
 taking and faithful discharge of the trust reposed in him 
 during the session of the last congress. " About this time 
 the fond hope of peace and reconciliation, which the timid 
 had hitherto cherished, fled ; and preparation for a vigorous 
 resistance was seriously desired by all. Washington had 
 been called to the command of the armies, by the unanimous 
 voice of congress; and his commission and instructions were 
 furnished by Mr. Lee, as one of a committee appointed for 
 that purpose. To prepare munitions of war ; to encourage 
 the manufacture of saltpetre and arms; to devise a plan for 
 the more rapid communication of intelligence, were all 
 \vorks of vast importance, and the wisdom of congress 
 availed itself of the knowledge and intellect of Mr. Lee, by 
 
RICHARD HENRY LEE. 219 
 
 appointing him on each of the committees to carry these 
 measures into effect. 
 
 Few memorials of the genius and taste of Mr. Lee, as an 
 orator and a writer, have descended to posterity, hut even 
 these are sufficient, to excite regret for the loss of others, 
 and to refute the calumnies, or correct the errors of some, 
 who assert his failure in composition. The second address 
 to the people of Britain, in the name of this congress, is the 
 production of his pen, and an emblem of his mind ; its senti 
 ments are suhlime; its style chaste and elegant; its re 
 proaches dignified, and its expostulations fervid. For 
 eloquence and depth of feeling, it is not surpassed hy any of 
 the state papers of that period, and well merits the eulogy 
 pronounced on the writings of congress by the first lord 
 Chatham. Speaking in the house of lords, that nobleman thus 
 expressed himself: " when you consider their decency, firm 
 ness and wisdom, you cannot but respect their cause and 
 wish to make it your own. For myself, I must declare arid 
 avow, that in all my reading, and it has been my favourite 
 pursuit, that for solidity of reasoning, force of sagacity, and 
 wisdom of conclusion, under all the circumstances, no nation 
 or body of men, can stand in preference to the general con 
 gress at Philadelphia." 
 
 A short recess in the month of August, enabled Mr. Lee 
 to retire to his native state, but not to leisure and repose ; for 
 he was present in the assembly, summoned by the royal 
 governor to consider, what were called, the conciliatory 
 propositions of lord North. These, however, when their 
 sophistry was exposed, were found to be as unreasonable as 
 insidious. The opinion of congress was the voice of the 
 colonies, that " they seemed to be held tip to the world to 
 
220 RICHARD HENRY LEE. 
 
 deceive it into a belief, that there was nothing in dispute 
 but the mode of levying taxes." 
 
 On the thirteenth of September the congress again me t for 
 business. To state the important part, which the subject of 
 this memoir took in the events of this session, would be to 
 record all its acts. To devise ways and means of furn ishing 
 the colonies with a naval armament, to consult with the 
 commander in chief, on a plan of military operations, to raise 
 ten millions of dollars for the service of the country, to 
 examine into the execution of continental contracts, and to 
 consider the propriety of establishing a department of war. 
 are a few of the important duties assigned to him by the voice 
 of this assembly. 
 
 Already had the clash of arms resounded, and the union 
 of the colonies been cemented by blood poured out in their 
 common defence: the hosts of Britain had assembled on our 
 shores, and with the timidity of conscious guilt were invoking 
 help from the Indian and the slave $ and the towering navy 
 of England, rode lordly along our coasts, discharging on our 
 unprotected fields the Hessian swarms. The justice of their 
 cause, and the moderation of their counsels, amid such diffi 
 culties, attracted to congress the sympathy and regard of 
 foreign nations, while yet tlicy knew not the object of the 
 contest. But the period had now arrived, when this was to 
 be published to the world, and the convention of Virginia 
 had instructed her delegates to urge the congress solemnly 
 to declare it. 
 
 Mr. Lee was chosen to move the resolution in congress ; 
 he knew that the implacable hatred of tyrants would pursue 
 him for revenge, and that the uncertain issue of war, might 
 place him in their power ; but foreign states could form no 
 alliance with rebels* and England was not resting on her 
 
RICHARD HENRY LEE. 221 
 
 own mighty resources : necessity urged, and Mr. Lee had 
 ever listened to the voice of his country ; lie depended, for 
 his safety, on the extent of her territories, her capabilities of 
 defence, and the alliances which the declaration of indepen 
 dence would procure, or he despised the consequences, and 
 was deaf to the suggestions of fear. On the seventh of June, 
 1776, Mr. Lee moved " that these united colonies are, and 
 of right, ought to be, free and independent states ; that they 
 are absolved from all allegiance to the British crown ; 
 and, that all political connexion between them, and the 
 state of Great Britain, is, and ought to be, totally dis 
 solved." 
 
 This motion, which was followed by a protracted debate 
 of several days, was introduced by one of the most luminous 
 and eloquent speeches, ever delivered by its illustrious 
 mover. " Why, then, sir, (says Mr. Lee, in conclusion,) 
 why do we longer delay ? Why still deliberate ? Let this 
 happy day give birth to an American republic. Let her 
 arise, not to devastate and to conquer, but to re-establish the 
 reign of peace and of law. The eyes of Europe are fixed 
 upon us ; she demands of us a living example of freedom, 
 that may exhibit a contrast, in the felicity of the citizen, to 
 the ever increasing tyranny which desolates her polluted 
 shores. She invites us to prepare an asvlum, where the un 
 happy may find solace, and the persecuted repose. She 
 entreats us to cultivate a propitious soil, where that gene 
 rous plant which first sprung and grew in P^ngland, but is 
 now withered by the poisonous blasts of Scottish tyranny, 
 may revive and flourish, sheltering under its salubrious and 
 interminable shade, all the unfortunate of the human race. 
 If we are not this day wanting in our duty, the names of the 
 American legislators of 1776, will be placed by posterity, at 
 
222 RICHARD HENRY LEE. 
 
 the side of Theseus, Lycurgus and Romulus, of the three 
 Williams of Nassau, and of all those whose memory has 
 been, and ever will be, dear to virtuous men and good citi 
 zens." 
 
 On the tenth of June, it was resolved, " that the considera 
 tion of the resolution respecting independence be postponed till 
 the first Monday in July next, and in the mean while, that no 
 time be lost, in case the congress agree thereto, that a com 
 mittee be appointed to prepare a declaration to the effect of 
 the said resolution." 
 
 On the same day, an express from Virginia informed Mr. 
 Lee of the dangerous illness of some members of his family, 
 which made his presence there absolutely necessary : leave, 
 was obtained by him to withdraw from his duties in congress, 
 and it was left to others to perfect his measures, by issuing 
 that declaration for which he had so ably prepared the pub 
 lic, by his writings, by his speeches, both in and out of con 
 gress, and by all the energies of his powerful mind. Accord 
 ing to the rules of parliamentary procedure, the original 
 mover of an approved resolution is usually chairman of the 
 committee, and appointed to draught any consequent report ; 
 in the absence of the mover, Mr. Jefferson was elected to 
 that honour, and the document from his pen, is not more 
 worthy of admiration, for the effects which it has produced, 
 than for the purity, dignity, and eloquence of the composi 
 tion. The original draught was transmitted on the eighth of 
 July, to Mr. Lee, with the amended copy, as approved by 
 congress. 
 
 In consequence of his great exertions to procure a declara 
 tion of independence, and his able support of the freedom of 
 his country, Mr. Lee was exposed to the more immediate 
 and implacable hatred of the king of England and hig minis- 
 
RICHARD HENRY LEE. 223 
 
 ters. It is asserted, that had the arms of England prevailed, 
 the surrender of Washington and Lee would have been de 
 manded as a preliminary to any treaty. The rudeness of 
 individuals cannot he charged upon their nation, yet, that 
 men, in the garb and rank of gentlemen, could not refrain 
 from expressing, to the sons of Mr. Lee, then at school in 
 St. Bees, " the hope that their father s head might soon be 
 seen on Tower hill," may serve to show the light in which 
 he was viewed by the royalists of that day. The desire of 
 the enemy to cut off by any means so able a supporter 
 of the rights of America, was only equalled by the solici 
 tude of his fellow citizens to secure his safety and happi 
 ness. 
 
 During his absence from congress, a British captain of 
 marines, with a strong party of men from vessels of war 
 then in the Potomac, broke into his house at midnight, and 
 by threats and bribes endeavoured to prevail on his domes 
 tics to betray their master, for, it was understood that Mr. 
 Lee was in the vicinity. Honourably deceitful, the servants 
 assured the party, that he had already set out for Philadel 
 phia, although he was then only a few miles from his farm. 
 The solicitude of his friends for his safety was evinced by 
 their constraining him to forego the melancholy pleasure of 
 a visit to general Charles Lee, then a prisoner in New York. 
 Mr. Lee s reply to the invitation of the general, is marked 
 with the brevity of deep feeling and with the language of 
 manly grief, which swells the bosorn, when it cannot serve a 
 friend in the time of necessity. It is as follows : 
 
 " My dear friend, my feelings are not to be described. I 
 would go to every extremity to serve my friend and the able 
 friend of liberty and mankind. But here my power fails. I 
 
224 RICHARD HENRY LEE. 
 
 have not the smallest idea of personal danger, nor does this 
 affect the present question. 
 
 " Farewell, my dear friend, may you be as happy as you 
 deserve, then the cause of humanity will have nothing to fear 
 for you." 
 
 The absence of Mr. Lee from congress continued till the 
 beginning of August, 1776 ; but immediately on his return, 
 he was appointed on the most important committees. He 
 took a distinguished part in preparing a plan of treaties with 
 foreign nations, and in reconciling the people to the almost 
 dictatorial powers of Washington ; he furnished instructions 
 for our ministers to foreign states, and many of the letters 
 addressed by congress to these ministers, are the productions 
 of his pen. 
 
 From ids return to congress till June, 1777, he continued 
 to sustain the great weight of business which his talents and 
 persevering industry drew upon him, and walked through 
 the same luminous path of glory as in the former congress. 
 But in such dazzling brightness of fame, not to have cast some 
 shade, would have argued him more than man, The malice 
 of the envious and the monarchists, or the meritorious vigi 
 lance of pure republicans, charged Richard Henry Lee with 
 toryism, and dissaffection to his country; his receiving rents 
 in kind and not in colonial money, was the fact, on which 
 they rested so odious an imputation. From whatever motive 
 the accusation proceeded, it gained strength in its progress, 
 and suspicion, which in such periods almost ceases to be a 
 vice, caused it to be generally believed. 
 
 Regard for his reputation, as well as for his health, which 
 continued anxiety for the welfare of his country had impair 
 ed, induced Mr. Lee to solicit leave of absence and to return 
 
RICHARD HENRY LEE. 225 
 
 to Virginia. He there demanded an enquiry by the assembly 
 into the nature of the allegations against him. The senate 
 attended, and their presence gave additional solemnity to the 
 scene. The result was, that in pursuance of a resolution of 
 the house, the venerable George Wythe. while the tear of 
 deep feeling stood in his eye, addressed Mr. Lee in theso 
 words. 
 
 " It is with peculiar pleasure, sir, that I obey this com 
 mand of the house, because it gives me an opportunity while 
 I am performing an act of duty to them, to perform an act of 
 justice to yourself. Serving with you in congress, and 
 attentively observing your conduct there, I thought that you 
 manifested in the American cause a zeal truly patriotic; and 
 as far as I could judge, exerted the abilities for which you 
 are confessedly distinguished, to promote the good and pros 
 perity of your own country in particular, and of the United 
 States in general. That the tribute of praise deserved, may 
 reward those who do well, and encourage others to follow 
 your example, the house have come to this resolution: that 
 the thanks of this house be given by the speaker to Richard 
 Henry Lee, for the faithful services he has rendered his 
 country, in discharge of his duty as one of the delegates from 
 this state in general congress." 
 
 The candour and justice of the house in this investigation 
 was not undeserved, for the motives of Mr. Lee were pure 
 although the assertions had some foundation in truth. When, 
 the non-intercourse regulations were generally adopted, and 
 the want of markets lessened the demand for produce, Mr. 
 Lee, probably at the request of his tenants, received his rents 
 in kind ; but during the war the quantity of produce was 
 diminished and the demand increased, while the issues of 
 paper money by the states and congress, impaired its real 
 VOL. IV. F f 
 
226 1IICHARD HENRY LEE. 
 
 value; so that the contract became then more beneficial to 
 Mr. Lee than rents in money would have been. Inattention 
 in one or both of the contracting parties, or the arduous 
 duties of Mr. Lee in congress, prevented any new agreement, 
 till the assembly, by omitting his name in the list of dele 
 gates, furnished a motive and leisure to him, to cause inquiry 
 into the affair and to justify his conduct. 
 
 Mr. Lee, on the resignation of Mr. Mason, was appointed 
 to fill the vacancy in congress, and continued with his usual 
 devotion to his country, to discharge all the duties of his 
 station. His health, however, daily declined, and finally 
 forced him, during the sessions of 1778 and 1779, to with 
 draw at intervals from the overwhelming business which he 
 could not longer sustain. It has been remarked by Dr. Ship- 
 pen, in whose house he lodged, that " Mr. Lee s labours 
 were not confined to those subjects referred to his considera 
 tion, and that there was a constant progression of members 
 repairing to his chambers to consult about their reports." 
 
 No subject of more importance to the United States had 
 yet come before congress, than the instructions necessary to 
 be given to ministers, who were to negotiate treaties with 
 foreign powers. The firmness and enlightened views of 
 Mr. Lee were peculiarly conspicuous in the debates on that 
 subject. No sectional jealousy nor individual state interest 
 could affect his mind: the prosperity of the east, the grandeur 
 of the west, received alike his solicitude and care. The 
 right to the fisheries, and navigation of the Mississippi, were 
 by him thought necessary to secure these objects, and the 
 journals of 1779, which record the votes on this discussion, 
 frequently present him alone, of the^Virginia delegation, sup 
 porting these rights, as the ultimatum of the United States, 
 in any negotiation. It may not, however, have been from 
 
RICHARD HENRY LEE. 227 
 
 lightly esteeming an interest in which they could not parti 
 cipate, that the representatives of the southern states were 
 ready to abandon the right to the fisheries, and that they 
 refused to demand an entire and free navigation of the 
 Mississippi. The opinions of "Washington may have been 
 the sentiments of the majority. He thus writes to Mr. Lee 
 on the subject: " I have ever been of the opinion that the 
 true policy of the Atlantic states would be, instead of con 
 tending prematurely for the free navigation of that river (the 
 Mississippi,) to open arid improve the natural communica 
 tions with the western country, through which the produce 
 of it might be transported with convenience and ease to our 
 markets. And sure I am, there is no other tie by which 
 they, (the inhabitants of the west,) will form a link in the 
 chain of federal union." 
 
 Mr. Lee indeed at this period either from his feelings or 
 judgment, or perhaps from both, seems to have identified him 
 self, in a considerable degree, with the interest of the eastern 
 states, so far even as to think of that portion of the country as 
 his future residence. It is difficult entirely to account for these 
 feelings, certainly not those which usually actuate the citizens 
 of Virginia. With the proceedings of his native state he had 
 been undoubtedly dissatisfied ; and he may fairly be justified 
 from the state of society which prevailed there, before the im 
 portant and beneficial changes which followed republican insti 
 tutions were fully introduced. There seem, however, to have 
 been at the period in question, some remains of the pomp and 
 luxury, of the pride of family and haughtiness of manner which 
 characterized the Virginians before the revolution. That they, 
 whose vigour of manhood was devoted to their country, and 
 whose mental and physical energies were called forth only 
 ibr her welfare ; whose health was impaired and whose for- 
 
228 RICHARD HENRY LEE. 
 
 tunes were almost exhausted in so glorious a cause, should 
 seek hy retirement to avoid the painful contrast which the 
 proud humility of such men would form with their virtuous 
 and dignified pride, is consistent with the hest feelings of our 
 nature, and may account for the conduct of hoth Mr. Lee 
 and Mr. Henry. 
 
 We are enahled to present the reader with several letters 
 written by Mr. Lee about this time, and when absent from 
 congress, in which the feelings to which we have alluded, 
 are strongly marked, and which at the same time will 
 throw light on the events of the times, and give pleasing 
 examples of his epistolary style. 
 
 1778, November 29 writing to Mr. Whipple, he says, 
 " Nothing can be more pleasing to me in my retirement 
 than to hear from my friends, and the pleasure will be 
 increased when they inform me that the vessel of state is well 
 steered, and likely to be conveyed safely and happily into 
 port. My clear opinion is, that this good work must be 
 chiefly done by the eastern pilots. They first taught us to 
 dread the rock of despotism, and I rest with confidence on 
 their skill in the future operations. I venerate Liberty Hall, 
 and if I should envy its present inhabitants any thing, it 
 would be the sensible sociable evenings they pass there. 1 
 have not yet been able to quit the entertainment of my prat 
 tling fire-side; when I have heard every little story, and 
 settled all points, I shall pay a visit to Williamsburg, where 
 our assembly is now sitting. 
 
 "Before this reaches you, I hope your labours in the Hall 
 will have put the finishing hand to our important business 
 of finance. If our money matters were once in a good way, 
 we should have the consent of our wise and cautious friend 
 Mr. Sherman, to the pushing forward with zeal the navy of 
 
RICHARD HENRY LEE, 
 
 ihe United States ; an object in my opinion of great magni 
 tude; I may be mistaken, but I have thought our sensible 
 friend rather too cautious upon this head. A well managed 
 force at sea, will not only make us very respectable, but 
 presently repay its cost with interest. We shall surely err, 
 by reasoning from what has happened to what will happen, 
 because we have heretofore singly opposed our feeble force on 
 the sea, to the overgrown power of Great Britain ; but now, 
 our marine force, under the supporting wing of our great and 
 good ally, will thrive I hope, and grow strong upon the spoils 
 of our common foe. I wish the marine committee may stoutly 
 contend against all opposition, and vigorously increase 
 the navy. In favour of this system, we may say that the 
 wealth and glory of many states have been obtained by their 
 fleets, but none have immediately lost their liberty thereby. 
 Let the man be produced who can truly say as much of 
 standing armies. I left my worthy colleagues of the marine 
 committee, well disposed to relieve us this winter from the 
 depredations of Gutridge s fleet of pirates, who infest the 
 coast extremely, from New York to Cape Fear. They not 
 only injure our commerce greatly in these middle states, but 
 they prevent in great measure the water communication be 
 tween us and our eastern friends. This fleet did consist of 
 one brig of sixteen guns, a schooner of the same force, a 
 sloop of twelve guns, and the rest of little strength. Whilst 
 your northern seas are too tempestuous for cruising, this 
 southern coast, supplied with such convenient harbours, may 
 be visited by the continental frigates, making Chesapeake Bay 
 their place of rendezvous, to the extirpation of these sea ban 
 ditti that disturb us so much at present. A stroke of this 
 sort would do credit to our committee, and serve the com- 
 
230 RICHARD HENKY LEE. 
 
 mon cause. If the frigates came three or four together, the) 
 would he ready for any small British force that might ac 
 company the Gutridges. The fortifications of Portsmouth, 
 Hampton, and York, will afford them a sure asylum against 
 any superior force. 
 
 " Rememher me with affection to the society at Liberty Hall, 
 to my friends of Connecticut, Rhode Island, Jersey, Penn 
 sylvania, and Delaware I fancy this is as far as I can safelv 
 go, unless I were to admit the good old president." 
 
 1778, June 26 To the same he says, " I wish this may 
 find you as happy at Philadelphia as we are at Chantilly, 
 nothing hut the want of rain disturbs us. We have neither 
 wicked, nor perverse, nor foolish politicians here, whose mis 
 conduct makes us fear for the safety of our country. I have 
 frequently admired the philosophic ease with which you have 
 contemptuously viewed proceedings in congress, that I own, 
 shocked me exceedingly. I suppose you have fixed your 
 opinion with Mr. Pope, that " whatever is, is right." I be 
 lieve indeed that the wisdom and goodness of the Creator, 
 does most frequently deduce good from evil, yet I am ex 
 tremely chagrined when I see wicked and weak men have 
 session in and mis-conduct the public councils. I understand 
 that our excellent friend Samuel Adams has left congress. I 
 am truly sorry for it, because I well know that his ability and 
 integrity would be missed from any assembly, but are indis 
 pensable to the one from which he went. As you are the 
 oldest member, and the most skilful in marine matters, I take 
 it for granted that you arc now chairman of the marine com 
 mittee. But whether so or not, let me entreat that you pre 
 vail with the committee to order two frigates into Chesapeake 
 Bay, if it is only for a few days. The Confederacy and the 
 
RICHARD HENRY LEE. 231 
 
 Boston can with infinite ease destroy the enemy s vessels 
 which are doing us so much injury, and creating so great ex 
 pense, by frequent calls for militia. They have already 
 burnt several private houses, and one public warehouse with 
 between two and three hundred hogsheads of tobacco, and car 
 ried off much plunder and many negroes. As soon as they see 
 the militia gathering, they embark and go to another unguard 
 ed place. They have six vessels Qtter sixteen, Harlem twelve 
 guns, king s vessels ; Dunmore sixteen, schooner Hammond 
 fourteen, Lord North twelve guns, and Fincastle two three 
 pounders. The four last Gutridge s pirates. They say their 
 orders are to burn and destroy all before them. An eastern 
 man whom they had captivated and detained, escaped from 
 them when they where burning the warehouse, and gives us 
 the above account of their force, which is confirmed by 
 others. They land between sixty and seventy men when 
 they mean to do mischief. I do not think that I can be 
 charged with excess of opinion in favour of our navy, when 
 I say, it appears to me, that the frigates .already mentioned, 
 could quickly destroy these pirates and return to their station, 
 after thus relieving our water bound country, and removing 
 the cause of great expense. The frigates by calling at 
 Hampton can get the best intelligence of the enemy s situa 
 tion and force. I shall thank you for your foreign and do 
 mestic news, as well as to know what tunes the fiddle- 
 party have and are playing. My best respects attend my 
 whig friends in congress." 
 
 1779, August 8 To the same, he says, "My indisposition 
 prevented me from replying to your favour of the eleventh, 
 by last post, and I am now very unwell, but will no longer 
 Helay thanking you. We are much obliged to the marine 
 
232 RICHARD HENRY LEE. 
 
 committee for their attention ; I see the frigates have taken 
 and sent in two prizes, vessels of war. The other frigate 
 you mention, would no doubt have been of considerable ser 
 vice. I am very apprehensive with you, that her freight will 
 not be ready for some time ; not until other goods come to 
 replace ; I hope those coming will be really good, and not such 
 miserable, pernicious stuff, as that to be re-proved. Worse 
 goods cannot come, so that a change bids fair to be beneficial. 
 God send it may quicklv take place. I fancy the " ugly instru 
 ment" is hurt a good deal by the dressing lately given by our as 
 sembly. The oath anti-commercial ordered to be taken. Pray 
 inform me if you can, whether the bass viol has groaned it out 
 I had thought it would stick in the throat, not from principle, 
 but from fear. No doubt the "old game" will continue to be 
 played, whilst a certain set continue where they are. The 
 best and most faithful friends of America, must be execrated 
 by the best and most faithful friends of our enemies : and 
 this is the clue to unfold much of what you see. Did you not 
 enjoy some phizzes when Dr. Lee s vindication and vouchers 
 were read ? Some people will always think it clearly out 
 of order," to give the public this conviction of their own, and 
 their friends criminality. But I trust there will be a majo 
 rity virtuous enough to do this justice to the community, and 
 to individuals. Shylock should have justice, and the law 
 yea the law of Moses, " forty save one." I fancy you 
 were not much deceived about the budget. I will engage 
 that from this opener it will be generally deceptions, unim 
 portant, or partified. I have the most heartfelt attachment 
 to our navy, and therefore wish to know that the fisheries go 
 on well, and that the marine committee are attentive. If the 
 enemy go on burning in this manner, their masked friends 
 in will never be able to bring us again under British 
 
RICHARD HENRY LEE. 233 
 
 bondage, even finance and foreign affairs are trifled with, 
 abused, and go wrong Colonel F. L. Lee is very thank 
 ful for your kind remembrance of him, and sends his respects 
 
 he is not well any more than myself. It is impossible for 
 
 us to be so, whilst the cause of America receives such injury 
 from bad men." 
 
 1779, September 4 to the same he writes, " I am infinitely 
 obliged to you for your very friendly letter of the twenty- 
 third last, and I assure you that whilst I live, I shall never 
 fail to retain the most affectionate remembrance of you. My 
 health, I thank you, is well restored, and my spirits not a 
 little enlivened, by the discomfiture of those wicked ones, 
 whose detestable arts have prevailed, much too long for the 
 interest of that cause, which we have laboured so much to 
 promote and to secure; I believe the Confederacy s freight 
 will be a very guilty one, and the sooner we are quit of it 
 the better ; I think the companion of Mr. Adams to be the 
 very worthy man he describes him, and such an one as will 
 honour his country, and benefit, not distract this. I can 
 feel with proper force, the satisfaction that good men must 
 have received, and the chagrin that bad ones felt, when Dr. 
 Lee s papers were read ; but how, my dear friend, will the 
 honour of congress stand, if they suffer that wicked insulter 
 and injurer of America, Silas Deane, to go off uncensured ; 
 already you find, by his memorial, that your silence is con 
 strued into approbation of his conduct, and this idea will 
 be pushed through the world to his plaudit, and the indelible 
 dishonour and disgrace of congress. Yet, it is most certain, 
 that upon the estimation with which mankind regard con 
 gress, does the future interest and success of the United 
 States most essentially depend. Fiddle is the most con 
 temptible wretch in the world, and if he takes the oath and 
 VOL. IV G g 
 
234 RICHARD HENRY LEE. 
 
 remains in congress, I am much misinformed, if he will not 
 have deep cause to rue it. You have certainly been exone 
 rated of abundance of filth lately from congress ; does not an 
 Augean stable yet remain ? I hope, however, it will be cleansed 
 at last. If you do not get a wise and very firm friend to 
 negotiate the fishery, it is my clear opinion that it will be 
 lost ; and upon this principle, that it is the interest of every 
 European power, to weaken us arid to strengthen themselves. 
 Mr. Ford is gone to Williamsburg to demand a public hear 
 ing before the governor and council, that he may, as he says 
 he can clearly do, refute the calumnious charges brought 
 against him in his absence. Long ere now, I suppose you 
 have received the dispatches he brought, which I forwarded 
 by express; I believe they contained more proofs of the 
 wickedness of faction. Dr. Lee informs us that he will 
 return to America as soon as the treaty with Spain is accom 
 plished. I submit my opinion concerning his resignation to 
 the wise judgment of his, and America s friends ; it gives 
 me great pleasure to hear that you do not mean to quit con 
 gress soon ; it is very agreeable to me to hear that our little 
 fleet has fallen in successfully with the Jamaica fleet. I am 
 always rejoiced to hear that our navy is fortunate." 
 
 1779, October 7 to Mr. Adams, at that time just returned 
 from France, he writes, "I congratulate you most sincerely 
 on your safe arrival, and your return to your family and coun 
 try. I hope you found the former in good health ; the latter 
 I am very sure will at all times be benefitted by the assistance 
 of so able a citizen, and the more so especially at this time, 
 when the most important of all sublunary things is under 
 consideration, the establishment of a government. Indepen 
 dently of a general principle of philanthropy, I feel myself 
 interested in the establishment of a wise and free republican 
 
RICHARD HENRY LEE. 235 
 
 government in Massachusetts, where yet I hope to finish the 
 remainder of my days. The hasty, unpersevering, aristo 
 cratic genius of the south suits not my disposition, and is in 
 consistent with my views of what must constitute social 
 happiness and security. 
 
 " It is not long since I received your favour of February the 
 thirteenth, from Paris. So far as immediate personal ease 
 and happiness are the objects, it is beyond a doubt that the life 
 of a private citizen is more desirable than any public cha 
 racter whatever, and especially such as carry us from home. 
 But my friend, we must consider that individual happiness 
 flows from the general felicity ; and the security of the whole 
 is the safety of particulars. What must become of the Ame 
 rican cause and character, if her councils at home and abroad 
 are to be filled and conducted by half tories, ambitious, ava 
 ricious and wicked men? These considerations induce me to 
 wish that you would not give up the thoughts of public ser 
 vice, until our affairs are better settled. I wish with all my 
 heart, that the Chevalier De la Luzerne and Mr. De Mar- 
 bois had origanally come here. I do assure you, it would 
 greatly have benefitted the cause of the alliance and the 
 United States. Such scenes of wicked intrigue I never 
 expected to take place in America, until the maturity of time 
 and luxury with its consequent train of vices, had ripened us 
 for destruction! * * * * I heartily wish you success in your 
 negotiation, and that whilst you secure one valuable point for 
 us, (the fisheries,) you will not the less exert your endeavours 
 for another very essential object, the free navigation of the 
 Mississippi, provided guilty Britian should remain in posses 
 sion of the Floridas. I totally despair of this navigation 
 from any other advocation." 
 
236 
 
 RICHARD HENRY LEE. 
 
 The feelings which these letters indicate, only prompted 
 Mr. Lee to devote himself with increased zeal to the defence 
 of his country, in every practicable manner. When absent 
 from the legislature we find him in the field, displaying all 
 the spirit, in resisting the aggressions of the enemy, which is 
 manifest in what lie wrote. They had at this period turned 
 their attention to the southern states, and were carrying on 
 against the coast of Virginia a predatory and harassing 
 warfare; and Mr. Lee was appointed, as lieutenant of the 
 county, to the command of the militia of Westmoreland. In 
 the field he was as distinguished for firmness, energy, activity 
 and judgment, as he had been in the councils of the nation, 
 and although none of the counties on the Potomac were 
 more exposed than Westmoreland, his judicious disposal of 
 the troops under his command protected it -from the dis 
 tressing incursions to which the others were subjected. The 
 testimony of generals Weedon and Greene in favour of the 
 military arrangements for defence made by Mr. Lee, are not 
 more honourable to his fame than the complaints of the 
 enemy, " that they could not set foot on Westmoreland with 
 out having the militia immediately upon them." Such was 
 the language of captain Grant, who at this time with a few 
 British schooners and tenders kept possession of the Poto 
 mac, and ravaged the counties on both its banks. 
 
 The nature of this command prevented any distinguished 
 exploit, yet the frequent skirmishes with the enemy rendered 
 it peculiarly dangerous. On one occasion, in an attempt to 
 seize a tender of the enemy which had been driven ashore, 
 Mr. Lee narrowly escaped ; for, while he was rallying his 
 scattered company, which the long guns from the boats of 
 the enemy, and the small arms of a detachment on shore had 
 thrown into confusion, his attention was so occupied that his 
 
RICHARD HENRY LEE. 237 
 
 horse fell with him amid the broken and insecure ground on 
 the beach, only a few yards from the advance of the British 
 troops. His presence of mind did not forsake him in so un 
 toward an accident, and he was by great skill able to cover 
 the retreat of his little party without considerable loss on his 
 side. 
 
 During the years 1780, 1781, 1782, Mr. Lee would not 
 accept a seat in congress, from a belief that his services in 
 the assembly of his native state would be more profitable to 
 his country; particularly at that time when the-establishing 
 of her government, and some of her most important concerns 
 were under consideration. Among these, three subjects were 
 more particularly prominent, and most frequently agitated 
 in the house, the making paper money a legal tender at its 
 nominal value, the payment of British debts, and a captita- 
 tion tax for the support of the clergy, or as the advocates of 
 the measure called it, " a general assessment for the support 
 of the Christian religion." 
 
 With respect to the payment of British debts, and the 
 policy of making paper money a legal tender, Mr. Lee was 
 constantly opposed to his friend Patrick Henry, and they 
 both, among the new political characters who had risen 
 high in public estimation, continued to keep their place far 
 in the van. The vivid and interesting comparison of the 
 merits of these great men, at the time of which we treat, is 
 given by a correspondent of the author of the Life of Patrick 
 Henry. " I met with Patrick Henry in the assembly, in May, 
 1783 ; I also then met with Richard Henry Lee. These two 
 gentlemen were the great leaders of the house of delegates, 
 and were almost constantly opposed : there were many other 
 great men who belonged to that body, but as orators they 
 cannot be named with Henry or Lee. Mr. Lee was a polish- 
 
238 RICHARD HENRY LEE. 
 
 eel gentleman. He had lost the use of one of his hands, hut 
 his manner was perfectly graceful. His language was 
 always chaste, and although somewhat too monotonous, his 
 speeches were always pleasing, yet he did not ravish your 
 senses nor carry away your judgment by storm. His was 
 the mediate class of eloquence, described by Rollin in his 
 belles lettres. He was like a beautiful river, meandering 
 through a flowery mead, but which never overflowed its 
 banks. It was Henry who was the mountain torrent, that 
 swept away .every thing before it; it was he alone who thun 
 dered and lightened, he alone attained that sublime species of 
 eloquence, also mentioned by Rollin." 
 
 To impede the payment of British debts, Mr. Lee thought 
 a violation of all principles of honesty and national honour, 
 and declared, " that it would have been better to have re 
 mained the honest slaves of Britain, than become dishonest 
 freemen." He eloquently urged, that to encourage citizens 
 to make light of the faith of contracts, was to undermine the 
 principles of virtue, on which alone republics may rest 
 secure. His views on the other subjects may be learned 
 from the following quotations: "The vast sums of paper 
 money," he says in a letter to Mr. Jefferson, "that have 
 been issued, (and this being now a tender for the discharge 
 of rents) and the consequent depreciation, has well nigh 
 effected an entire transfer of my estate to my servants. I am 
 very far from desiring that the law should place these con 
 tracts literally as they were, but substantially it seems just 
 that they should be. Public justice demands that the true 
 meaning and genuine spirit of contracts should be complied 
 with." 
 
 His sentiments on " the general assessment law," are thus 
 stated in a letter to Mr. Madison, and are coincident with 
 
RICHARD HENRY LEE. 239 
 
 those of Patrick Henry. "It is certainly comfortable to 
 know, that the legislature of our country is engaged in bene 
 ficial pursuits ; for I conceive that the general assessment, 
 and a digest of the moral laws, are very important concerns ; 
 the one to secure our peace, and the other our morals. Re 
 finers may weave reason into as fine a web as they please, 
 but the experience of all times shows religion to be the guar 
 dian of morals ; and he must be a very inattentive observer 
 who cannot perceive, that in our country, avarice is accom 
 plishing the destruction of religion, for want of a legal ob 
 ligation to contribute something to its support. The declara 
 tion of rights, it seems to me, rather contends againt forcing 
 modes of faith and forms of worship, in religious matters, 
 than against compelling contribution for the support of reli 
 gion in general." 
 
 To state the opinions of Mr. Lee on these subjects, seemed 
 to be the duty of his biographer; but to discuss the merits of 
 the questions involved in them, belongs to the philosophic 
 historian. The people most interested then, were, no doubt, 
 competent to distinguish between the fitness of a proposition 
 and the authority of a name ; between the strength and clear 
 ness of intellect, and absolute infallibility. 
 
 The sovereignty and independence of the United States 
 were now acknowledged by England, and the provisional 
 articles of peace embraced those measures which Mr. Lee 
 had so strenuously supported. The sheathed sword required 
 no longer an arm to wield it, but the deliberative council 
 might still be aided by the voice of experience. Mr. Lee, 
 therefore, willingly accepted the mark of confidence and 
 attachment with which the people of Virginia again honoured 
 him, and took his seat in congress, on the first of November, 
 1784. The highest office under the old confederation was 
 
240 RICHARD HENRY LEE. 
 
 then vacant, and on the thirtieth of the month a sufficient 
 numher of states having assembled, Mr. Lee was raised to 
 the presidential chair. The delegates to congress were 
 unanimous in their choice ; the congratulations of Washing 
 ton and Samuel Adams were re-echoed by every state in the 
 union, and were well merited by the vigour, zeal and patriot 
 ism which the president of congress exhibited in that high 
 office. Every department of public business shared his at 
 tention ; his correspondence with ministers, and his inter 
 course with diplomatists of foreign courts, were marked 
 with dignity and republican plainness and sincerity. When 
 his time of service expired, he retired to the bosom of his 
 family, with the satisfaction of having faithfully discharged 
 the trust reposed in him, having received "the thanks of 
 congress for his able and faithful discharge of the duties of 
 president, while acting in that station." 
 
 Mr. Lee was not a member of the convention which dis 
 cussed and adopted the federal constitution; but he was 
 strongly opposed to its adoption without amendment; its 
 tendency, he thought, was to consolidation, and he believed 
 that despotism would be the result of subjecting such an ex 
 tent of country, interests so various, and people so numerous 
 to one national government. He recommended, however, 
 the most cool, collected, full and fair discussion of that all- 
 important subject. "If it be found right, (said Mr. Lee) adopt 
 it, if wrong, amend it, at all events ; for to say that bad 
 governments must be adopted for fear of anarchy, is really 
 saying that we should kill ourselves for fear of dying. But 
 since it is neither prudent nor easy to make frequent changes 
 in government, and as bad governments have been generally 
 found the most fixed, so it becomes of the last importance to 
 frame the first establishment upon grounds the most unexcep- 
 
RICHARD HENRY LEE. 241 
 
 tionable, and such as the hest theories, with experience, 
 justify ; not trusting as our new constitution does, and as 
 many approve of doing, to time and future events, to correct 
 errors that both reason and experience in similar cases, now 
 prove to exist in the new system." 
 
 The good of his country was the sole motive, and reason 
 the only means of opposition to the adoption of the federal 
 constitution used by Mr. Lee. Fear, the offspring of force 
 and opinion, seemed to him the only means by which to re 
 strain men ; the latter cannot exist without competent know 
 ledge of those who govern, and that knowledge cannot exist 
 in so extensive a country as the United States, so as to sup 
 port one general government. He was anxious that the con 
 federated states, united for mutual safety and happiness, 
 should contribute to the federal head, only such part of their 
 sovereignty as might be necessary for these purposes ; but 
 when a majority of the people willed that constitution to be 
 the rule by which they would govern themselves, he thought 
 it his duty, to endeavour by every means, to establish in the 
 commencement of the government, such a system of prece 
 dents, as would check the evil tendencies then supposed to 
 exist in the constitution. 
 
 As the first senator from Virginia under the new constitu 
 tion, he proposed several amendments, the adoption of which 
 seemed to him to have lessened the apprehended danger. He 
 continued to hold the honourable and important trust of sena 
 tor of the United States, with great satisfaction to his native 
 state and advantage to his country, till enfeebled health in 
 duced him to withdraw from public life, and seek that repose 
 which is so agreeable to declining years, and that enjoyment, 
 which a mind like his, always receives within the circle of 
 domestic retirement. On the twenty-second of October, 
 VOL. IV H h 
 
242 RICHARD HENRY LEE. 
 
 1792, the senate and house of delegates of Virginia, unani 
 mously agreed to a vote of thanks, in these words : "Resolved, 
 unanimously, that the speaker he desired to convey to Richard 
 Henry Lee, the respects of the senate ; that they sincerely 
 sympathize with him in those infirmities which have deprived 
 their country of his valuahle services ; and that they ardently 
 wish he may, in his retirement, with uninterrupted happiness 
 close the evening of a life, in which he hath so conspicuously 
 shone forth as a statesman and a patriot; that while mind 
 ful of his many exertions, to promote the puhlic interests, 
 they are particularly thankful for his conduct as a member 
 of the legislature of the United States." 
 
 The preceding sketch may give some idea of the public 
 services of Mr. Lee, hut who can depict him in that sphere 
 of which he was the centre ? giving light and happiness to 
 all around him, possessing all the enjoyment which springs 
 from virtue, unblemished fame, blooming honours, ardent 
 friendship, elegance of taste, and a highly cultivated mind. 
 His hospitable mansion was open to all ; the poor and the 
 distressed frequented it for relief and consolation, the young 
 for instruction, the old for happiness ; while a numerous 
 family of children, the offspring of two marriages, clustered 
 around and clung to each other in fond affection, imbibing 
 the wisdom of their father, while they were animated and 
 delighted by the amiable serenity, and captivating graces of 
 his conversation. The necessities of his country occasioned 
 frequent absences, but every return to his home was cele 
 brated by the people as a festival ; fur, he was their physi 
 cian, their counsellor, and the arbiter of their differences; 
 the medicines which he imported were carefully and judi 
 ciously dispensed, and the equity of his decisions were never 
 controverted by a court of law. Enough has been said to 
 
RICHARD HENRY LEE. 243 
 
 show the extent of his acquirements, and the refinement of 
 his taste, the solidity of his judgment and the vividness of 
 his imagination; hut the personal appearance of such a man 
 may be an object of curiosity to posterity. His person was 
 tall and well proportioned ; his face was on the Roman 
 model ; his nose Caesarian ; the port and carriage of his 
 head leaning persuasively forward ; and the whole contour 
 noble and fine. The eye which shed intelligence over such 
 features, had softness, and composure as its prevailing cha 
 racteristic, till it glowed in debate or radiated in conversa 
 tion. His voice was clear and melodious, and was modulated 
 by the feeling which swayed his bosom. The progress of 
 time was insensible to those who listened to his conversation, 
 and he entwined himself around the mind of his hearers, fix 
 ing his memory on their hearts. In the vigour of his mind, 
 amid the honours of the world and its enjoyments, he had 
 declared his belief in Jesus Christ as the Saviour of men. 
 
 The following sketch may gratify the reader, although 
 it can only serve to bring the defects of the present under 
 taking into stronger and more immediate contrast. The 
 writer cannot, however, refrain from ornamenting his work 
 with it, even while the poet s warning is fully before him. 
 "Mr. Lee had studied the classics in the true spirit of criti 
 cism. His taste had that delicate touch which seized with 
 intuitive certainty every beauty of an author, and his genius 
 that native affinity which combined them without an effort. 
 Into every walk of literature and science he had carried his 
 mind of exquisite selection, and brought it back to the busi 
 ness of life, crowned with every light of learning, and 
 decked with every wreath that all the muses and all the 
 graces could entwine. Nor did these light decorations con 
 stitute the whole value of its freight. He possessed a rich 
 
244 RICHARD HENRY LEE. 
 
 store of political knowledge, with an activity of observation 
 and a certainty of judgment, which turned that knowledge 
 to the very hest account. He was not a lawyer hy profes 
 sion, but he understood thoroughly the constitution both of 
 the mother country and of her colonies, and the elements 
 also of the civil and municipal law. Thus, while his elo 
 quence was free from those stiff and technical restraints, 
 which the habit of forensic speaking are so apt to generate, 
 he had all the legal learning which is necessary to a states 
 man. He reasoned well, and declaimed freely and splendidly. 
 The note of his voice was deep and melodious. It was the 
 canorous voice of Cicero. He had lost the use of one of his 
 hands, which he kept constantly covered with a black silk 
 bandage, neatly fitted to the palm of his hand, but leaving his 
 thumb free; yet, notwithstanding this disadvantage, his gesture 
 Avas so graceful and highly finished, that it was said he had 
 acquired it by practising before a mirror. Such was his 
 promptitute, that he required no preparation for debate. 
 He was ready for any subject as soon as it was announced, 
 and his speech was so copious, so rich, so mellifluous, set off 
 with such bewitching cadence of voice, and such captivating 
 grace of action, that while you listened to him, you desired 
 to hear nothing superior; and indeed, thought him perfect. 
 He had quick sensibility and a fervid imagination." 
 
 Mr. Lee breathed his last on the nineteenth of June, 1794, 
 in the sixty-fourth year of his age, at Chantilly, Westmore 
 land county, Virginia, a few weeks before the celebration of 
 the day on which his eloquent tongue and intrepid mind, had 
 given birth to the independence of his country. 
 
.1.15.1. oni^irn from tin 1 I nilr.ih l>v held -.il tcr Stnai"t 
 
THOMAS JEFFERSON. 
 
 THE great tragic poet of antiquity has observed, and his 
 torians and philosophers in every age, have repeated the 
 observation, that no one should be pronounced happy, till 
 death has closed the period of human uncertainty. Yet, if 
 to descend into the vale of life, beloved and honoured ; 
 to see the labours of our earlier years, crowned with 
 more than hoped for success ; to enjoy while living, that 
 fame, which is usually bestowed only beyond the tomb $ if 
 these could confer aught of happiness, on this side the grave, 
 then may the subject of our memoir be esteemed truly 
 happy. 
 
 He, indeed, survived those who were the partners of his 
 toils, and the companions of his earlier years ; but in so do 
 ing, he did not experience the usual fate of mortality, in sur 
 viving the sympathy, the kindness, and the love of his fellow 
 creatures. A new race of companions rose around him, who 
 added to those feelings the deeper ones of admiration, respect, 
 and gratitude ; and he long lived in the bosom of his country, 
 which was the bosom of his friends, cherished with an affec 
 tion, bestowed at once by the ardour of youth, and the re 
 flection of age. 
 
I 
 
 246 JEFFERSON. 
 
 One cannot resist applying to him, that sentiment in which 
 the greatest of historians has indulged, when speaking of a 
 man whom Mr. Jefferson strongly resembled, in the mild and 
 virtuous dignity of his domestic character, his fondness for 
 the pursuits of science, chastened, but not extinguished by 
 the occupations of an active life, the serenity of his temper 
 and manners, and a modesty and simplicity, which, while 
 they shed an uncommon lustre over his public career, doubly 
 adorned the less conspicuous scenes of retirement. " Agricola 
 had possessed to the full," says Tacitus, " those enjoyments 
 which alone can make us truly happy, those which spring 
 from virtue he had been adorned with all the dignity, which 
 consular rank or triumphal honours could bestow what 
 more could fortune add to his happiness or his fame ?" 
 
 Need the author of this article say, that it is with feelings 
 of unaffected diffidence, he takes his pen to record a brief, 
 and probably transient account, of the chief incidents in the 
 life of this distinguished man ? need he say, that he can in 
 dulge no hope of portraying, either vividly or justly, those 
 brilliant characteristics with which it abounds ? and need he 
 add, that if his sketch shall possess any interest, it is to be 
 attributed more to the illustrious name which adorns it, than 
 to its own excellence ? He is indeed but too well aware that 
 the historian of Mr. Jefferson has not an easy task to per 
 form. His was a life of no common character. It was one 
 abounding in great events and extraordinary circumstances, 
 upon which the opinions of his countrymen have been so 
 much divided, that prejudices arising from their divisions, 
 have thrown their shade upon almost every transaction of 
 his life. Let it be remembered, however, that to these con 
 flicting sentiments, a biographer is not called on to become 
 a party ; nor would it be proper in him to obtrude the pecu- 
 
JEFFERSON. 247 
 
 liar opinions he may entertain. It is his duty alone to state 
 their existence, with the powerful influence that attended 
 them, and to ask from his country, that, all prejudices laid 
 aside, the illustrious object of his labours may come before 
 them, in that cloudless mirror, wherein posterity will examine 
 the fathers of our country. 
 
 THOMAS JEFFERSON was descended from a family, which 
 had been long settled in his native province of Virginia. His 
 ancestors had emigrated thither at an early period ; and al 
 though bringing with them, so far as is known, no fortune 
 beyond that zeal and enterprise which are more than useful 
 to adventurers in a new and unknown country, and no rank 
 beyond a name, which was free from dishonour; they had a 
 standing in the community highly respectable, and lived in 
 circumstances of considerable affluence. His father, Peter 
 Jefferson, was a gentleman well known in the province. He 
 was appointed in the year 1747, one of the commissioners 
 for determining the division line, between Virginia and North 
 Carolina, an office which would seem to indicate at once con 
 siderable scientific knowledge, and that integrity, firmness, 
 and discernment, which are so peculiarly necessary in set 
 tling the boundaries between small but independent terri 
 tories. 
 
 Thomas Jefferson was born on the second day of April, 
 (0. S.) 1743, at Shadwell, in Albemarle county, Virginia, 
 and on the death of his father, succeeded [to an ample and 
 unembarrassed fortune. But little is known of the incidents 
 of his early life, and the biographer is entirely destitute of 
 those anecdotes of youth which are so often remembered and 
 recorded, pointing out, as they seem to do, the latent sparks 
 of genius, and foretelling the career of future usefulness and 
 
248 JEFFERSON. 
 
 honour. We first hear of him as a student in the college of 
 William and Mary, at Williamsburg, and then, ignorant of 
 his success on the youthful arena of literary fame, find him 
 a student of law, under a master whose talents and virtue, 
 may have offered a model for his succeeding life, the cele- 
 hrated George Wythe, afterwards chancellor of the state of 
 Virginia. With this gentleman he was united, not merely 
 hy the ties of professional connexion, hut hy a congeniality 
 of feeling, and similarity of views, alike honourable to 
 them both ; the friendship formed in youth was cemented 
 and strengthened by age, and when the venerable pre 
 ceptor closed his life, in 1806, he bequeathed his library 
 and philosophical apparatus to a pupil and friend, who 
 had already proved himself worthy of his instruction and 
 regard. 
 
 Mr. Jeiferson was called to the bar in the year 1766; and 
 pursued the practice of his profession, with zeal and success. 
 In the short period during which he continued to devote him 
 self to it, without the interruption of political objects, he ac 
 quired very considerable reputation, and there still exists a 
 monument of his early labour and useful talents, in a volume 
 of Reports of adjudged cases in the supreme courts of Vir 
 ginia, compiled and digested, amid the engagements of active 
 professional occupation. 
 
 But he came into life at a period, when those who possessed 
 the confidence of their fellow citizens, and the energy and 
 talents requisite for public life, were not long permitted to 
 remain in a private station, and pursue their ordinary affairs ; 
 he was soon called to embark in a career of more extensive 
 usefulness, and to aim at higher objects ingenium illustre 
 altioribus studiis juvenisadmodum dedit,quo firrnior adversus 
 fortuita rempublicam capesseret. We find him accordingly, 
 
JEFFERSON. 249 
 
 as early as the year 1769, a distinguished member of the 
 legislature of Virginia, associated with men, whose names 
 are inscribed among the first and most determined cham 
 pions of our rights. Ever since the year 1763, a spirit of 
 opposition to the British government, had been gradually 
 arising in the province, and this spirit was more and more 
 increased, by the arbitrary measures of the mother country, 
 which seemed to be the offsprings of rashness and folly, 
 singularly extraordinary. The attachment to England was, 
 indeed, considerable in all the colonies, and in Virginia it was 
 more than usually strong ; many of the principal families of 
 the province were connected with it by the closest ties of 
 consanguinity ; the young men of promise, were sent thither 
 to complete their education in its colleges ; and by many, 
 and those not the least patriotic, it was fondly looked to as 
 their home. To sever this connexion, one would suppose to 
 be a work of no ordinary facility ; yet such was the rash 
 course pursued by the British ministry, that a very brief 
 space was sufficient, to dissolve in every breast that glowed 
 with national feeling, the ties which had been formed by 
 blood, by time, and by policy ; a very short experience was 
 enough to convince every mind, conversant with the political 
 history of the world, and able to weigh, amid the tumult of 
 the times, the probable chances of successful resistance, with 
 the miseries of submission or defeat, that there was no 
 hazard too great to be encountered, for the establishment of 
 institutions, which would secure the country from a repeti 
 tion of insults that could only end in the most abject slavery. 
 It will not be doubted, that Mr. Jefferson was among the 
 first to perceive the only course that could be adopted ; his 
 own expressive language portrays at once the sufferings of 
 the country, and the necessity of resistance. 
 VOL. IV. I i 
 
250 JEFFERSON. 
 
 " The colonies" he says, in alluding to this period, "were 
 taxed internally and externally; their essential interests sacri 
 ficed to individuals in Great Britain ; their legislatures sus 
 pended ; charters annulled ; trials hy juries taken away ; their 
 persons subjected to transportation across the Atlantic, and to 
 trial hy foreign judicatories ; their supplications for redress 
 thought heneath answer ; themselves published as cowards in 
 the councils of their mother country and courts of Europe ; 
 armed troops sent amongst them to enforce submission to 
 these violences ; and actual hostilities commenced against 
 them. No alternative was presented, but resistance or un 
 conditional submission. Between these there could be no 
 hesitation. They closed in the appeal to arms." 
 
 On the first of January, 1772, Mr. Jefferson married the 
 daughter of Mr. Wayles, an eminent lawyer of Virginia; an 
 alliance by which he at once gained an accession of strength 
 and credit ; and secured in the intervals of public business, 
 (which indeed were few) the domestic happiness he was so 
 well fitted to partake and to enjoy. Its duration, however, 
 was but short ; in little more than ten years, death deprived 
 him of his wife, and left him the sole guardian of two infant 
 daughters, to whose education he devoted himself with a 
 constancy and zeal, which might in some degree compensate 
 for the want of a mother s care and instruction. 
 
 On the twelfth of March, 1773, Mr. Jefferson was appoint 
 ed a member of the first committee of correspondence, estab 
 lished by the colonial legislatures ; an act already alluded 
 to as one of the most important of the revolution, having 
 paved the way for that union of action and sentiment, 
 whence arose the first effective resistance, and on which 
 depended the successful conduct and final triumph of the 
 cause. 
 
JEFFERSON. 251 
 
 The year 17T4, found Mr. Jefferson still an active mem 
 ber of the legislature of Virginia. The passage of the Bos 
 ton port act, and the hills which immediately followed it, 
 had filled up the measure of insult and oppression. The 
 private property of all was to he sacrificed for the public 
 conduct of a few $ the faith of charters was unhesitatingly 
 violated $ and personal liberty and life itself .were destroyed, 
 without resort to the common forms of justice, and without 
 redress. At this crisis, Mr. Jefferson wrote and published 
 his " Summary view of the rights of British America ;" 
 having devoted to its composition all the leisure he could 
 obtain from the labours of his public situation ; although 
 these had become by this time, from his active and energetic 
 character, extremely arduous. , * - 
 
 This pamphlet he addressed to the king, as the chief officer 
 of the people, appointed by the laws and circumscribed with 
 definitive power, to assist in working the great machine of 
 government, erected for their use, and consequently subject 
 to their superintendence. He reminded him, that our ances 
 tors had been British freemen, that they had acquired their 
 settlements here, at their own expense and blood ; that it 
 was for themselves they fought, for themselves they conquer 
 ed, and for themselves alone, they had a right to hold. That 
 they had indeed thought proper to adopt the same system Of 
 laws, under which they had hitherto lived, and to unite 
 themselves under a common sovereign ; but that no act of 
 theirs had ever given a title to that authority, which the 
 British parliament arrogated. That the crown had unjustly 
 commenced its encroachments, by distributing the settle 
 ments among its favourites, and the followers of its fortunes ; 
 that it then proceeded to abridge the free trade, which 
 the colonies possessed as of natural right, with all parts of 
 
252 
 
 JEFFERSON. 
 
 the world ; and that afterwards offices were established of 
 little use, but to accommodate the ministers and favourites 
 of the crown. . That during the reign of the sovereign whom 
 he immediately addressed, the violation of rights had in 
 creased in rapid and bold succession ; being no longer single 
 acts of tyranny, that might be ascribed to the accidental 
 opinion of a day ; but a series of oppressions, pursued so 
 unalterably through every change of ministers, as to prove 
 too plainly a deliberate and systematical plan, of reducing 
 the colonies to slavery. He next proceeds, in a style of the 
 boldest invective, to point out the several acts by which this 
 plan had been enforced, and enters against them a solemn 
 and determined protest. He then considers the conduct of 
 the king, as holding an executive authority in the colonies, 
 and points out, without hesitation, his deviation from the line 
 of duty ; he asserts, that by the unjust exercise of his nega 
 tive power, he had rejected laws of the most salutary ten 
 dency ; that he bad defeated repeated attempts to stop the 
 slave trade and abolish slavery ; thus preferring the imme 
 diate advantages of a few African corsairs, to the lasting 
 interests of America, and to the rights of human nature, 
 deeply wounded by this infamous practice. That inattentive 
 to the necessities of his people, he had neglected for years, 
 the laws which were sent for his inspection. And that as 
 suming a power, for advising the exercise of which, the 
 English judges in a former reign had suffered death as trai 
 tors to their country, he had dissolved the representative as 
 semblies, and refused to call others. That to enforce these, 
 and other arbitrary measures, he had from time to time sent 
 over large bodies of armed men, not made up of the people 
 here, nor raised by the authority of their laws. That to 
 render these proceedings still more criminal, instead of sub- 
 
JEFFERSON. 253 
 
 jecting the military to the civil powers, he had expressly 
 made the latter subordinate to the former. That these 
 grievances were thus laid before their sovereign, with that 
 freedom of language and sentiment which became a free peo 
 ple, whom flattery would ill beseem, when asserting the 
 rights of human nature ; and who knew nor feared to say, that 
 kings are the servants, not the proprietors of the people. 
 
 In these sentiments, bold as they were, his political asso 
 ciates united with him; they considered that which was 
 nominally directed against the colonies of New England 
 alone, equally an attack on the liberties and rights of every 
 other province. They resolved that the first of June, the 
 day on which the operation of the Boston port bill was to 
 commence, should be set apart by the members, as a day of 
 fasting, humiliation and prayer ; " devoutly to implore the 
 divine interposition, for averting the heavy calamities which 
 threatened destruction to their civil rights, and the evils of 
 a civil war ; and to give them one heart and one mind, to 
 oppose, by all just and proper means, every injury to Ame 
 rican rights." 
 
 Such proceedings greatly exasperated lord Dunmore, the 
 royal governor of the province. He threatened a prosecution 
 for high treason against Mr. Jefferson, who boldly avowed 
 himself the author of the obnoxious pamphlet, and dissolved 
 the house of burgesses, immediately after the publication of 
 their resolution. Notwithstanding these arbitrary measures, 
 the members met in their private capacities, and mutually 
 signed a spirited declaration, wherein they set forth the un 
 just conduct of the governor, which had left them this, the 
 only method, to point out to their countrymen, the measures 
 they deemed the best fitted to secure their rights and liberties 
 from destruction, by the heavy hand of power. They told 
 
254 JEFFERSON, 
 
 them, that they could no longer resist the conviction, that 
 a determined system had been formed to reduce the inhabi 
 tants of British America to slavery, by subjecting them to 
 taxation without their consent, by closing the port of Boston, 
 and raising a revenue on tea. They therefore strongly 
 recommended a close alliance with their sister colonies, the 
 formation of committees of correspondence, and the annual 
 meeting of a general congress ; earnestly hoping that a per- 
 sistance in those unconstitutional principles, would not com 
 pel them to adopt measures of a character more decisive. 
 
 The year 1775, opened in England, with attempts, at once 
 by the friends and the enemies of the colonies, to effect a 
 reconciliation. Perhaps the period had passed away, when 
 success was to be expected, from the efforts of the former ; 
 but even an experiment on their plan was not allowed to be 
 made. The house of lords received, with chilling apathy, 
 the proposition submitted by the energy, the patriotism and 
 the experience of the dying Chatham ; and the house of 
 commons listened, without conviction, to the well digested 
 plans of Mr. Burke, brought forward as they were, with an 
 eloquence unequalled perhaps in the records of any age or 
 country, and supported by that intuitive quickness of per 
 ception, that astonishing correctness of foresight, which so 
 often marked his political predictions. 
 
 The ministry were determined that the reconciliation, if 
 indeed they ever sincerely wished for one, should proceed 
 from themselves, and be made on their own terms ; they 
 offered that so long as the colonial legislatures should con 
 tribute a fair proportion for the common defence, and for 
 the support of the civil government, no tax should be laid by 
 parliament; but that the amount raised by these means, 
 should be disposable by that body. This proposition, bear- 
 
JEFFERSON. 255 
 
 ing indeed some semblance of conciliation, but in fact yield 
 ing no single point of that arbitrary system which Great 
 Britain had chosen to adopt, was carried by a large majority, 
 and sent to the governors of the several colonies, with direc 
 tions to lay it before the respective legislatures. It was at 
 least hoped, that if the scheme did not finally succeed, it 
 might produce disunion or discontent. 
 
 On the first of June, 1775, lord Dunmore presented to the 
 legislature of Virginia, the resolution of the British parlia 
 ment. It was referred immediately to a committee, and Mr. 
 Jefferson was selected to frame the reply. This task he 
 performed with so much strength of argument, enlightened 
 patriotism, and sound political discretion, that the document 
 has been ever considered, as a state paper of the highest 
 order. It is found in most of the histories of that period, 
 and for a work like this, it may be sufficient merely to give 
 the sentence, with which he concludes a series of propositions 
 and an array of facts, alike unanswered and unanswerable. 
 
 "These, my lord, are our sentiments on this important 
 subject, which we offer only as an individual part of the 
 whole empire. Final determination we leave to the general 
 congress now sitting, before whom we shall lay the papers 
 your lordship has communicated to us. For ourselves, we 
 have exhausted every mode of application, which our inven 
 tion could suggest as proper and promising. We have de 
 cently remonstrated with parliament, they have added new 
 injuries to the old; we have wearied our king with supplica 
 tions, he has not deigned to answer us ; we have appealed to 
 the native honour and justice of the British nation, their 
 efforts in our favour have hitherto been ineffectual. What 
 then remains to be done ? That we commit our injuries to 
 the even handed justice of that Being who dotli no wrong, 
 
256 JEFFERSON. 
 
 earnestly beseeching Him to illuminate the councils, and pros 
 per the endeavours of those to whom America hath confided 
 her hopes ; that through their wise directions, we may again 
 see reunited the blessings of liberty, prosperity, and harmony 
 with Great Britain/ 
 
 Mr. Jefferson had been elected, on the twenty-seventh of 
 March, 1775, one of the members to represent Virginia, in 
 the general congress of the confederated colonies, already 
 assembled at Philadelphia. When about to leave the colony, 
 a circumstance is said to have occurred to him, and to Mr. 
 Harrison and Mr. Lee, his fellow delegates, that conveyed a 
 noble mark of the unbounded confidence, which their consti 
 tuents reposed in their integrity and virtue. A portion of 
 the inhabitants, who, far removed from the scenes of actual 
 tyranny, which were acted in New England, and pursuing 
 uninterruptedly their ordinary pursuits, could form no idea 
 of the slavery impending over them, waited on their three 
 representatives, just before their departure, and addressed 
 them in the following terms : 
 
 "You assert that there is a fixed design to invade our 
 rights and privileges ; we own that we do not see this clearly, 
 but since you assure us that it is so, we believe the fact. We 
 are about to take a very dangerous step ; but we confide in 
 you, and are ready to support you in every measure you shall 
 think proper to adopt." 
 
 On Wednesday, the twenty-first of June, 1775, Mr. Jef 
 ferson appeared and took his seat in the continental con 
 gress ; and it was not long before he became conspicuous 
 among those, most distinguished by their abilities and ardour. 
 In a few days after his arrival, he was made a member of a 
 committee appointed to draw up a declaration, setting forth 
 the causes and necessity of resorting to arms; a task, which, 
 
JEFFERSON. 57 
 
 like all the other addresses of this congress, was executed 
 with singular ability, and in which it is more than prohable, 
 the Virginia delegate took no inconsiderable part. 
 
 In July, the resolution of the house of commons for con 
 ciliating the colonies, which had been presented to the dif 
 ferent legislatures, and to which, as we have already related, 
 Mr. Jefferson had framed the reply of Virginia, was laid 
 before congress. He was immediately named a member of 
 the committee to whom it was referred, and in a few days 
 a report was presented embracing the same general views as 
 his own, and repeating that the neglect with w r hich all our 
 overtures were received, had destroyed every hope, but that 
 of reliance on our own exertions. 
 
 On the eleventh of August, Mr. Jefferson was again elected 
 a delegate from Virginia, to the third congress. During the 
 winter, his name appears very frequently on the journals of 
 that assembly, and we find him constantly taking an active 
 part in the principal matters which engaged its attention. 
 He was a member of various committees, but from the in 
 formation to be obtained on the records of congress, and 
 it is but scanty, his attention seems rather to have been de 
 voted to objects of general policy, the arrangement of general 
 plans and systems of action, the investigation of important 
 documents, and objects of a similar nature, than to the details 
 of active business for which other members could probably 
 be found, equally well qualified. 
 
 With the commencement of the year 1776, the affairs of the 
 colonies, and certainly the views of their political leaders, 
 began to assume a new aspect, one of more energy, and with 
 motives and objects more decided and apparent. Eighteen 
 months had passed away, since the colonists had learned by 
 VOL. IV. K k 
 
258 JEFFERSON. 
 
 the entrenchments at Boston, that a resort to arms was an 
 event, not beyond the contemplation of the British ministry; 
 nearly a year had elapsed, since the fields of Concord and 
 Lexington had been stained with hostile blood ; during this 
 interval, armies had been raised, vessels of war had been 
 equipped, fortifications had been erected, gallant exploits had 
 been performed, and eventful battles had been lost and won ; 
 yet still were the provinces bound to their British brethren, 
 by the ties of a similar allegiance ; still did they look upon 
 themselves as members of the same empire, subjects of the 
 same sovereign, and partners in the same constitution and 
 laws. They acknowledged, that the measures they had 
 adopted were not the result of choice, but the exercise of a 
 right if not a duty, resulting from this very situation ; they 
 confessed that they were engaged in a controversy peculiarly 
 abhorrent to their affections, of which the only object was to 
 restore the harmony formerly existing between the two coun 
 tries, and to establish it on so firm a basis, as to perpetuate 
 its blessings, uninterrupted by any future dissensions, to 
 succeeding generations in both nations. 
 
 There is indeed among all men a natural reluctance to 
 throw off those habits, we may say principles, to which they 
 have become attached, by education and long usage there 
 is an uncertainty always hanging over the future, that makes 
 us dread to explore it, in search of an expected but uncertain 
 good and we seem rather willing to wait until fortune or 
 time shall afford a remedy, than to seek it by boldly grasping 
 at that, which although bright and beautiful in appearance, 
 can be reached only with toil and danger, and may prove at 
 last a phantom. A revolution, however Justin its principles, 
 however plausible in its conduct, however pure in its ends, 
 cannot be but uncertain in its results ; and though even the 
 
JEFFERSON. 259 
 
 thinking and the good will not hesitate, when no other means 
 are left to preserve those rights, without which happiness is 
 only a name, they will resort to it as the last resource, after 
 every other expedient has heen tried, after long suffering, 
 with hesitation, almost with regret. 
 
 Every expedient, however, short of unconditional separa 
 tion, had now heen tried hy congress but in vain. It ap 
 peared worse than useless, longer to pursue measures of open 
 hostility, and yet to hold out the promises of reconciliation. 
 The time had arrived when a more decided stand must be 
 taken the circumstances of the nation demanded it, the suc 
 cess of the struggle depended on it. The best and wisest 
 men had become convinced, that no accommodation could 
 take place, and that a course which was not marked by deci 
 sion would create dissatisfaction among the resolute, while it 
 would render more uncertain the feeble and the wavering. 
 
 During the spring of 1776, therefore, the question of inde 
 pendence became one of very general interest and reflection 
 among all classes of the nation. It was taken into conside 
 ration by some of the colonial legislatures, and in Virginia a 
 resolution was adopted in favour of its immediate declara 
 tion. 
 
 Under these circumstances, the subject was brought directly 
 before congress, on Friday, the seventh of June, 1776. It was 
 discussed very fully on the following Saturday and Monday, 
 and we have already mentioned, that after the debate they 
 came to the determination to postpone the further considera 
 tion of it until the first of July following. In the mean while, 
 however, that no time might be lost, in case the congress should 
 agree thereto, a committee was appointed to prepare a decla 
 ration, " That these United Colonies are, and of right ought 
 to be, free and independent states ; that they are absolved from 
 
260 JEFFERSON. 
 
 all allegiance to the British crown ; and that all political 
 connexion between them and the state of Great Britain is, 
 and ought to be, totally dissolved." 
 
 This committee consisted of Mr. Jefferson, Mr. J. Adams, 
 Mr. Franklin, Mr. Sherman, and Mr. R. R. Livingston; and 
 to Mr. Jefferson, the chairman of the committee, was ulti 
 mately assigned the important duty of preparing the draught 
 of the document, for the formation of which they had been ap 
 pointed. 
 
 The task thus devolved on Mr. Jefferson, was of no ordi 
 nary magnitude; and required the exercise of no common 
 judgment and foresight. The act \vas one, which in its re 
 sults, would operate far beyond the effects of the moment $ and 
 which was to indicate, in no small degree, the future tone of 
 feeling, and the great course of policy that were to direct the 
 movements of a new and extensive empire. Yet it was on 
 all hands surrounded with difficulty and danger clouds and 
 darkness rested on the future and without experience, with 
 out resources, and without friends, they were entering on a 
 wide field, with nought but providence for their guide. Even 
 the feelings of the nation, the very feelings which prompted 
 the act, were to be examined with caution and relied on with 
 distrust, for how much soever they might be the primary 
 cause, and however powerfully they might exist at the moment, 
 their effect would have ceased, and their operation would be 
 unknown, at that period when the principles they had called 
 forth would be in full exercise. Yet all this caution and dis 
 trust was to be exerted, amid the excitement of passion, the 
 fluctuation of public opinion, and the headstrong impetuosity, 
 which made the people, whose act it purported to be, blind to 
 every thing but their own wrongs, and the deepest emotions 
 of exasperation and revenge. 
 
JEFFERSON. 261 
 
 It was an act which at once involved the dearest and most 
 vital interests of the whole people. It overturned systems of 
 government long established, and sacrificed a trade, already 
 amounting annually to more than twenty millions of dollars. 
 By it the whole nation was to stand or fall ; it was a step 
 that could not he retraced ; a pledge involving the lives, the 
 fortunes, and the honour of thousands, which must be redeem 
 ed at the deepest cost of blood and treasure ; it was a measure, 
 supposed to be viewed unfavourably by a very large propor 
 tion of those whose interests and happiness were concerned in 
 it, and, as such, a want of prudence in its conduct, as well as 
 of success in its end, would be attended with even more than 
 ridicule or disgrace. 
 
 Nor was it in America alone, that its effects would be felt ; 
 it was a document to guide other nations in their course of 
 policy, to turn their attention to our situation, in which there 
 was nothing to dazzle and little to interest, and to bring them 
 if possible into our alliance. As such, it would become a 
 matter of deep reflection by prudent, if not unfeeling statesmen, 
 far removed from the scene of action ; looking upon it with 
 out passion ; and forming from it their opinions of our cha 
 racter, and the reliance that might be placed on us. In a 
 word, while it purported to be, as it was, the offspring of 
 injuries unatoned for, and rights wantonly violated, it was to 
 bear the marks of calm heroic devotion, and to show us ar 
 dent in the pursuit and preservation of our rights, but cool 
 and deliberate in our plans, slow in undertaking that which 
 was attended with uncertainty and danger, but, once con 
 vinced of its necessity, undeviating in our course, and fixed 
 on the object of pursuit. 
 
 It presented indeed to the consideration of the world, an 
 object of greater magnitude than had for ages engaged its 
 
262 JEFFERSON, 
 
 attention. It was no question of insulted flags, or violated 
 boundaries ; no matter to be traced through the labyrinths 
 of diplomacy, or to be settled by the rules of court etiquette. 
 It was not the manifesto of an ambitious sovereign, who pro 
 claims to the world in loud and haughty language, a long 
 catalogue of imaginary grievances, to form a pretext for the 
 violation of plighted faith, and the last resort to arms. But 
 it was the manly declaration of indignant suffering ; the result 
 of injury protracted beyond endurance ; the just appeal to the 
 only remedy that was left, after every milder method had 
 been tried in vain. 
 
 To frame such a document, was the effort of no common 
 mind. That of Mr. Jefferson proved fully equal to the task. 
 His labours received the immediate approbation and sanction 
 of the committee ; and their opinion has been confirmed by 
 the testimony of succeeding years, and of every nation where 
 it lias been known. 
 
 On the twenty-eighth of June the Declaration of Indepen 
 dence was presented to congress, and read; on the first, 
 second, and third of July it was taken into very full con 
 sideration ; and on the fourth, it was agreed to after several 
 alterations and considerahle omissions had been made in the 
 draught, as it was first framed by the committee. 
 
 The declaration in its original form, compared with that 
 which was subsequently given to the world, is a document 
 of much interest, and seems indeed so peculiarly proper 
 to be inserted in a memoir of its illustrious author, that 
 we subjoin it; marking in italics the words which were 
 erased by congress, and introducing between brackets, 
 the additions and substitutions that were made before it 
 received the final sanction of that assembly. It is as fol 
 lows. 
 
JEFFERSON. 263 
 
 " When in the course of human events, it becomes neces 
 sary for one people to dissolve the political bands which 
 have connected them with another, and to assume among the 
 powers of the earth, the separate and equal station to which 
 the laws of nature and of nature s God entitle them, a decent 
 respect to the opinions of mankind, requires that they should 
 declare the causes which impel them to the separation. 
 
 " We hold these truths to be self evident that all men are 
 created equal ; that they are endowed by their creator with 
 [certain] inherent and unn\\enah\e rights; that amongst these 
 are life, liberty, and the pursuit of happiness ; that to secure 
 these rights, governments are instituted among men, deriv 
 ing their just powers from the consent of the governed; that, 
 whenever any form of government becomes destructive of 
 these ends, it is the right of the people to alter or to abolish it, 
 and to institute a new government, laying its foundation on 
 such principles, and organizing its powers in such form, as to 
 them shall seem most likely to effect their safety and happi 
 ness. Prudence, indeed, will dictate that governments long 
 established, should not be changed for light and transient 
 causes; and accordingly, all experience hath shown, that 
 mankind are more disposed to suffer while evils are suffer- 
 able, than to right themselves by abolishing the forms to 
 which they are accustomed. But when a long train of abuses 
 and usurpations, begun at a distant period and pursuing 
 invariably the same object, evinces a design to reduce them 
 under absolute despotism, it is their right, it is their duty, 
 to throw off such government, and to provide new guards 
 to their future security. Such has been the patient sufferance 
 of these colonies ; and such is now the necessity which con 
 strains them to [alter] expunge their former systems of go 
 vernment. 
 
264 JEFFERSON. 
 
 "The history of the present king of Great Britain is a 
 history of [repeated] unremitting injuries and usurpations, 
 among which appears no solitary fact to contradict the uni 
 form tenor of the rest ; but all have [all having,] in direct 
 object, the establishment of an absolute tyranny over these 
 states. To prove this, let facts be submitted to a candid 
 world, for the truth of which we pledge a faith yet unsullied 
 by falsehood. 
 
 " He has refused his assent to laws the most wholesome 
 and necessary for the public good. 
 
 "He has forbidden his governors to pass laws of immediate 
 and pressing importance, unless suspended in their operation 
 till his assent should be obtained ; and when so suspended, 
 he has utterly neglected to attend to them. 
 
 "He has refused to pass other laws for the accommo 
 dation of large districts of people, unless those people 
 would relinquish the right of representation in the legis 
 lature, a right inestimable to them, and formidable to tyrants 
 only. 
 
 " He has called together legislative bodies at places un 
 usual, uncomfortable, and distant from the depository of 
 their public records, for the sole purpose of fatiguing them 
 into compliance with his measures. 
 
 "He has dissolved representative houses repeatedly and 
 continually, for opposing with manly firmness his invasions 
 on the rights of the people. 
 
 " He has refused, for along time after such dissolutions, to 
 cause others to be elected ; whereby the legislative powers, 
 incapable of annihilation, have returned to the people at 
 large for their exercise ; the state remaining in the mean time 
 exposed to all the danger of invasion from without, and con 
 vulsions within. 
 
JEFFERSON, 055 
 
 "He has endeavoured to prevent the population of these 
 states ; for that purpose obstructing the laws for naturaliza 
 tion of foreigners, refusing to pass others to encourage their 
 migrations hither, and raising the conditions of new appro 
 priations of lands. 
 
 "He has suffered [obstructed] the administration of justice 
 totally to cease in some of these states, [by] refusing his as 
 sent to laws for establishing judiciary powers. 
 
 "He has made our judges dependent on his will alone for 
 the tenure of their offices, and the amount and payment of 
 their salaries. 
 
 "He has erected a multitude of new offices, by a self as- 
 mmed power, and sent hither swarms of officers to harass 
 our people, and eat out their substance. 
 
 "He has kept among us in times of peace, standing 
 armies and ships of war^ without the consent of our legisla 
 tures. 
 
 " He has affected to render the military independent of and 
 superior to the civil power. 
 
 " He has combined with others to subject us to a juris 
 diction foreign to our constitution, and unacknowledged 
 by our laws ; giving his assent to their acts of pretended 
 legislation: 
 
 "For quartering large bodies of armed troops among us: 
 
 "For protecting them, by mock trial, from punishment for 
 any murders which they should commit on the inhabitants of 
 these states: 
 
 " For cutting off our trade witb all parts of the world: 
 
 "For imposing taxes on us without our consent: 
 
 "For depriving us, [in many cases,] of the benefits- of 
 trial by jury : 
 
 VOL. IV. L 1 
 
JEFFERSON. 
 
 " For transporting us beyond seas to be tried for preten 
 ded offences: 
 
 "For abolishing the free system of English laws in a neigh 
 bouring province, establishing therein an arbitrary govern 
 ment, and enlarging its boundaries, so as to render it at once 
 an example and fit instrument for introducing the same ab 
 solute rule into these states [colonies :] 
 
 " For taking away our charters, abolishing our most valua 
 ble laws, and altering fundamentally the forms of our govern 
 ments : 
 
 "For suspending our own legislatures, and declaring them 
 selves invested with power to legislate for us, in all cases 
 whatever : 
 
 "He has abdicated government here, withdrawing his gover 
 nors, and [by] declaring us out of his [allegiance and] pro 
 tection, [and waging war against us :] 
 
 "He has plundered our seas, ravaged our coasts, burnt our 
 towns, and destroyed the lives of our people : 
 
 " He is at this time transporting large armies of foreign 
 mercenaries to complete the works of death, desolation, and 
 tyranny, already begun with circumstances of cruelty and 
 perfidy, [scarcely paralleled in the most barbarous ages, 
 and] totally unworthy the head of a civilized nation. 
 
 " He has endeavoured to bring on the inhabitants of our 
 frontiers, the merciless Indian savages, whose known rule of 
 tvarfare is an undistinguished destruction of all ages, sexes , 
 and conditions of existence. 
 
 " He has incited treasonable insurrections of our fellow 
 citizens, with the allurements of forfeiture and confiscation 
 of our property. 
 
 " He has constrained others, taken captives on the high seas, 
 to bear arms against their country* to become the executioner^ 
 
JEFFERSON. 267 
 
 yf their friends and brethren, or to fall themselves by their 
 hands. 
 
 " [He has constrained our fellow citizens taken captive on 
 the high seas, to hear arms against their country, to hecome 
 the executioners of their friends and brethren, or to fall them 
 selves by their hands.] 
 
 "[He has excited domestic insurrections amongst us, and 
 has endeavoured to bring on the inhabitants of our frontiers, 
 the merciless Indian savages, whose known rule of warfare 
 is an undistinguished destruction of all ages, sexes, and con 
 ditions.] 
 
 "He has waged cruel war against human nature itself, vio 
 lating its most sacred rights of life and liberty in the persons 
 of a distant people, who never offended him, captivating and 
 carrying them into slavery in another hemisphere, or to 
 incur miserable death in their transportation thither. This 
 piratical warfare, the opprobrium of infidel powers, is 
 the warfare of a Christian king of Great Britain. Deter 
 mined to keep open a market where MEN should be bought 
 and sold, he has prostituted his negative for suppressing 
 every legislative attempt to prohibit or restrain this exe 
 crable commerce ; and that this assemblage of horrors might 
 want no fact of distinguished dye, he is now exciting those 
 very people to rise in arms among us, and to purchase that 
 liberty of which he has deprived them, by murdering the peo 
 ple upon whom he also obtruded them; thus paying off former 
 crimes committed against the liberties of one people, with 
 crimes which he urges them to commit against the lives of 
 another. 
 
 (t In every stage of these oppressions, we have petitioned 
 for redress in the most humble terms: our repeated petitions 
 have been answered only by repeated injury. A prince 
 
V5G8 JEFFERSON. 
 
 \vhos character is thus marked by every act which may 
 define a tyrant, is unfit to be the ruler of a [free] people 
 who mean to be free. Future ages will scarce believe that the 
 hardiness of one man adventured, within the short compass of 
 twelve years only, to build a foundation so broad and undis 
 guised, for tyranny over a people fostered and fixed in prin 
 ciples of freedom. 
 
 "Nor have we been wanting in attentions to our British 
 brethren. We have warned them from time to time, of at 
 tempts by their legislature to extend a jurisdiction over these 
 our states, [to extend an unwarrantable jurisdiction over us.] 
 We have reminded them of the circumstances of our emigra 
 tion and settlement here, no one of which could warrant so 
 strange a pretension : that these were effected at the expense 
 of our own blood and treasure, unassisted by the wealth or 
 the strength of Great Britain : that in constituting indeed 
 our several forms of government , we had adopted one common 
 king, thereby laying a foundation for perpetual league and 
 amity with them: but that submission to their parliament 
 was no part of our constitution, nor ever in idea, if history 
 may be credited; and we [have] appealed to their native 
 justice and magnanimity, as well as to [and we have con 
 jured them by] the ties of our common kindred, to disavow 
 these usurpations, which were likely to [would inevitably] 
 interrupt our connexions and correspondence. They too, 
 have been deaf to the voice of justice and of consanguinity : 
 and when occasions have been given them by the regular 
 course of their laws, of removing from their councils, the 
 disturbers of our harmony, they have by their free election 
 re-established them in power. At this very time too, they are 
 permitting their chief magistrate to send over not only soldiers 
 of our common blond, but Scotch and foreign mercenaries to 
 
JEFFERSON. 269 
 
 Invade and destroy us. These facts have given the last stab 
 to agonizing affection; and manly spirit bids us to renounce 
 forever these unfeeling brethren. We must endeavour to forget 
 our former love for them, and to hold them as we hold the rest 
 of mankind, enemies in ivar, in peace friends. We might have 
 been a free and a great people together ; but a communication 
 of grandeur and of freedom it seems, is belotv their dignity. 
 Be it so., since they tvill have it. The road to happiness and 
 to glory is open to us too: we will climb it apart from them, 
 and acquiesce in the necessity which denounces our eternal 
 separation. [We must therefore acquiesce in the necessity, 
 which denounces our separation, and hold them, as we hold 
 the rest of mankind, enemies in war, in peace friends.] 
 
 " We, therefore, the representatives of the UNITED STATES 
 OF AMERICA, IN GENERAL CONGRESS ASSEMBLED, [appeal 
 ing to the supreme judge of the world for the rectitude of our 
 intentions] do in the name, and by the authority of the good 
 people of these states [colonies,] reject and renounce all al 
 legiance and subjection to the kings of Great Britain, and 
 all others, who may hereafter claim by, through, or under 
 them ; we utterly dissolve all political connexion which may 
 heretofore have subsisted between us and the parliament of 
 Great Britain ; and finally we do assert [solemnly puhlish 
 and declare] that these United Colonies are, [and of right 
 ought to he,] free and independent states ; [that they are ab 
 solved from all allegiance to the British crown, and that all 
 political connexion between them and the state of Great Bri 
 tain is, and ought to be, totally dissolved,] and that as free 
 and independent states, they have full power to levy war, 
 conclude peace, contract alliances, establish commerce, and 
 to do all other acts and things which independent states may 
 of right do. And for the support of this Declaration, [with 
 
JEFFERSON. 
 
 a firm reliance on DIVINE PROVIDENCE,] we mutually 
 pledge to each other, our lives, our fortunes, and our sacred 
 honour." 
 
 It has heen mentioned in the life of Richard Henry Lee. 
 that, as the original mover of the resolution for indepen 
 dence, the usage of deliberative assemblies would have assign 
 ed to him, the duty of preparing the declaration, had he not 
 been absent. This circumstance, united with a feeling of 
 true regard, and a long co-operation in bringing about the 
 great result, induced Mr. Jefferson to send Mr. Lee a copy of 
 the original draught as well as of the amendments made by 
 congress ; these he accompanied with a letter, dated the eighth 
 of July, 1776, in which he says : 
 
 46 Dear Sir For news, I refer you to your brother, who 
 writes on that head. I enclose you a copy of the Declaration 
 of Independence, as agreed to by the house, and also as ori 
 ginally framed : you will judge whether it is the better or 
 worse for the critics. I shall return to Virginia after the 
 eleventh of August. I wish my successor may be certain to 
 come before that time : in that case, I shall hope to see you, 
 and not \Vythe, in convention, that the business of govern 
 ment, which is of everlasting concern, may receive your aid. 
 Adieu, and believe me to be, &c." 
 
 During the summer of this year, 1776, Mr. Jefferson took 
 an active part in the deliberations and business of congress; 
 his name appears on the journals of the house very often, 
 and he was a member of several highly important committees. 
 Being obliged however to return to Virginia, he was during 
 his absence appointed, in conjunction with Dr. Franklin 
 and Mr. Deane, a commissioner to the court of France, for 
 
 
JEFFERSON. 271 
 
 the purpose of arranging with that nation a measure, now 
 become of vital necessity, the formation of treaties of alli 
 ance and commerce. But owing at once to his ill health, 
 the situation of his family, and the embarrassed position of 
 public affairs, especially in his own state, he was convinced 
 that to remain in America, would be more useful than to go 
 abroad ; and in a letter to congress of the eleventh of Octo 
 ber, he declined the appointment. 
 
 From this period, during the remainder of the revolu 
 tionary war, Mr. Jefferson chiefly devoted himself to the 
 service of his own state. In June he had been a third time 
 elected a delegate to congress, but in October following, he 
 resigned his situation in that body, and was succeeded by 
 Benjamin Harrison. The object which now chiefly engaged 
 him was the improvement of the civil government of Vir 
 ginia. In May preceding, immediately on the disorganiza 
 tion of the colonial system, the convention assembled at 
 Williamsburg, had turned their attention to the formation of 
 a new plan of government ; and with a haste, which bespeaks 
 rather the ardour of a zealous and oppressed people for the 
 assertion of their own rights, than the calmness and delibera 
 tion that should attend an act, in which their future welfare 
 was so deeply involved, they adopted their constitution in 
 the following month. Mr. Jefferson was at this time absent 
 in Philadelphia, a delegate to congress ; foreseeing the in 
 evitable result of the contest between the colonies and the 
 mother country, he had for a long while devoted much reflec 
 tion and research to maturing a plan for a new government, 
 and had already formed one, on the purest principles of re 
 publicanism. This draught he transmitted to the conven 
 tion ; but unfortunately, the one that they had hastily fram 
 ed, had received a final vote on the day it reached Williams- 
 
272 JEFFERSON. 
 
 burg. The debate had already been ardent and protracted, 
 the members were wearied and exhausted, and after making 
 a few alterations, and adopting entire the masterly preamble 
 which Mr. Jefferson had prefixed, it was thought expedient 
 for the present to adhere to the original plan, imperfect as 
 on all hands it was acknowledged to be. 
 
 The extremes of right and wrong are said very closely to 
 approach each other. An incident in the political history of 
 Virginia, does not invalidate the maxim. In June, this 
 constitution had been adopted, breathing in every article the 
 most vehement spirit of equal rights, and established on the 
 downfall of arbitrary rule. In the following December, a 
 serious proposition was made to establish a dictator, " in 
 vested with every power, legislative, executive, and judiciary, 
 civil and military, of life and of death, over our persons and 
 over our properties." To the wise and good of every party, 
 such a scheme could not but appear as absurd as it was dan 
 gerous. In Mr. Jefferson it found a ready and successful oppo 
 nent at the time, and he has devoted to its consideration and 
 censure, a few pages of his later works. 
 
 A wiser plan was adopted to relieve the state from its dif 
 ficulties, by a careful revision of its laws. A commission 
 was appointed for this purpose, consisting of Thomas Jeffer 
 son, Edmund Pendleton, George Wythe, George Mason, 
 and Thomas Ludwell Lee, who employed themselves zealous 
 ly in their task, from the commencement of the year 1777, 
 to the middle of 1779. In that period it is said,, their in 
 dustry and zeal prepared no less than one hundred and 
 twenty-six bills, from which are derived all the most liberal 
 features of the existing laws of the commonwealth. The 
 method they pursued was marked with prudence and intelli 
 gence. It is thus described by Mr. Jefferson himself. 
 
JEFFERSON. 273 
 
 " The plan of the rcvisal was this. The common law of 
 England, by which is meant that part of the English law 
 which was anterior to the date of the oldest statutes extant, 
 is made the hasis of the work. It was thought dangerous to 
 attempt to reduce it to a text : it was therefore left to be col 
 lected from the usual monuments of it. Necessary altera 
 tions in that, and so much of the whole body of the British 
 statutes, and of acts of assembly, as were thought proper to 
 be retained, were digested into a hundred and twenty-six 
 new acts, in which simplicity of style was aimed at, as far 
 as was safe." 
 
 In the account which Mr. Jefferson has given of this re- 
 visal of the laws of Virginia, he has, with the modesty of 
 true greatness, suppressed every word^ which could indicate 
 his own participation in an employment so highly honour 
 able. But it is the duty of those who record the actions of 
 the great, to point out that which their own modesty would 
 conceal. Of the five commissioners, two, George Mason and 
 Thomas Ludwell Lee, took no part in the execution of the 
 task, except in a consultative meeting preliminary to the as 
 signment of the respective portions of the duty to the three 
 others. As regards Mr. Jefferson it should be mentioned, 
 that in addition to the prominent and laborious share which 
 he undertook in the general revision, Virginia owes to his 
 enlightened mind alone, the most important and beneficial 
 changes in her code. The laws forbidding the future impor 
 tation of slaves ; converting estates tail into fees simple ; 
 annulling the rights of primogeniture ; establishing schools 
 for general education ; sanctioning the right of expatriation ; 
 and confirming the rights of freedom in religious opinion, 
 were all introduced by him, and were adopted at the time 
 they were first proposed, or at a subsequent period ; in addi- 
 VOL. IV. M m 
 
274 JEFFERSON. 
 
 tion to these, he brouglit forward a law proportioning crimes 
 and punishments, which was afterwards passed under a dif 
 ferent modification. 
 
 To enter into the details of these laws, would lead us 
 from the ohject as it would far exceed the limits of this 
 slight sketch ; yet to the lawyer and politician, they may 
 be recommended as containing many inval uble lessons in 
 legal and political science, and to those \vho have heen 
 accustomed to view this great statesman rather as author the 
 of ingenious theories, than a lawgiver skilled in the practical 
 details of government, and the useful application of laws to 
 the great exigencies of civil society, they will speak more 
 than the most lahoured panegyric. 
 
 Nor was it in public, duties alone that Mr. Jefferson was 
 employed ; with a zeal alike honourable and useful, lie de 
 voted his attention to the personal welfare of those of the 
 enemy, whom the chances of war had placed within his 
 reach. It will be recollected, that congress had deemed it 
 prudent to retain in America, the troops who had surren 
 dered at Saratoga, until an authentic ratification of the con- 
 vention, entered into by the British general, should bo 
 obtained from his government. In the mean time it was 
 thought expedient, to remove them into the interior of 
 the country, and the neighbourhood of Charlottesvillc, 
 in Virginia, was selected as the place of their destination. 
 
 There they arrived early in the year 1779. The winter 
 was uncommonly severe ; the barracks unfinished for want 
 of labourers ; no sufficient stores of bread laid in ; and the 
 roads rendered impassable by the inclemency of the weather, 
 and the number of wagons which had lately traversed them. 
 Mr. Jefferson, aided by Mr. Hawkins the commissary gene 
 ral, and the benevolent dispositions of his fellow citizens, 
 
JEFFERSON. 275 
 
 adopted every plan to alleviate the distresses of the troops, 
 and to soften as much as possible the hardships of captivity. 
 Their efforts were attended with success. The officers who 
 were able to command money, rented houses and small farms 
 in the neighbourhood, while the soldiers enlarged the bar 
 racks and improved their accommodations, so as in a short 
 time to form a little community, flourishing and happy. 
 These arrangements had scarcely been completed, when, in 
 consequence of some powers lodged in them by congress, the 
 governor and council of Virginia determined to remove the 
 prisoners to another part of the state ; this intention was 
 heard by the captives themselves with distress, and by those 
 amongst whom they were settled, with regret. Mr. Jefferson 
 immediately addressed a letter to governor Henry, in which 
 he stated in strong and glowing language, the impolicy and 
 impropriety of such a measure. His appeal was successful, 
 and the troops were permitted to remain. Indeed his hospi 
 tality and generous politeness to these unfortunate strangers, 
 was such as to secure their lasting friendship and esteem. 
 From them he re*ceh ? cd many letters, expressing the warmth 
 of their attachment and gratitude; and in his subsequent tra 
 vels through Europe, when chance again threw him into their 
 society, they loaded him with civility and kindness, and spoke 
 to their countrymen in warm terms of the hospitality of Vir 
 ginia. When about to leave Charlottes ville, the principal offi 
 cers wrote to him, to renew their thanks, and to bid him adieu ; 
 the answer of Mr. Jefferson to one of them has been preserved. 
 "The little attentions," he says, "you are pleased to mag 
 nify so much, never deserved a mention or a thought. Opposed 
 as we happen to be in our sentiments of duty and honour, and 
 anxious for contrary events, I shall, nevertheless, sincerely re 
 joice in every circumstance of happiness and safety which may 
 
276 JEFFERSON. 
 
 attend you personally." To another of them he thus wrote ^ 
 " The very small amusements which it has heen in my power 
 to furnish, in order to lighten your heavy hours, by no means 
 merited the acknowledgments you make. Their impression 
 must be ascribed to your extreme sensibility rather than to 
 their own weight. When the course of events shall have 
 removed you to distant scenes of action, where laurels not 
 moistened with the blood of my country, may be gathered, I 
 shall urge my sincere prayers for your obtaining every honour 
 and preferment which may gladden the heart of a soldier. 
 On the other hand, should your fondness for philosophy re 
 sume its merited ascendency, is it impossible to hope that 
 this unexplored country may tempt your residence, by hold 
 ing out materials wherewith to build a fame, founded on the 
 happiness, and not on the calamities of human nature? Be 
 this as it may, a philosopher or a soldier, I wish you person 
 ally many felicities." 
 
 On the first of June, 1779, the term for which Mr. Henry P 
 the first republican governor of Virginia, had been chosen, 
 having expired, Mr. Jefferson was elected to fill that office. 
 The time was one at which its. duties had become arduous 
 and difficult; it was at that period of the war, when the 
 British government, exasperated by the long protraction 
 of hostilities, and goaded by their continual defeats, had in 
 creased the usual horrors of warfare, by the persecution of 
 the wretched prisoners who fell into their hands. The 
 governor of Virginia, among others, promptly expressed his 
 determination to adopt, as the only resource against a system 
 of warfare so barbarous and unheard of, a retaliation on the 
 British prisoners in his power. "I shall give immediate 
 orders," he says, in a letter to general Washington, "for 
 having in readiness every tigine, which the enemy have 
 
JEFFERSON. 277 
 
 contrived for the destruction of our unhappy citizens, capti 
 vated by them. The presentiment of these operations is 
 shocking beyond expression. I pray heaven to avert them; 
 hut nothing in this world will do with such an enemy but 
 proper firmness arid decision!" This course, for a short 
 time, produced on the part of the enemy an excess of cruelty, 
 especially against the officers and soldiers of Virginia; it 
 was, however, without avail ; the measure was the last re 
 sort, brought on by a long course of unfeeling conduct, and 
 the only remedy that was left. "There is nothing" said the 
 governor in a letter to one of the prisoners, "you may he 
 assured, consistent with the honour of your country, which 
 we shall not at all times, be ready to do for the relief of 
 yourself and companions in captivity. We know that ardent 
 spirit and hatred for tyranny, which brought you into your 
 present situation, will enable you to bear against it with the 
 firmness which has distinguished you as a soldier, and to 
 look forward with pleasure to the day when events shall 
 take place, against which the wounded pride of your enemies 
 will find no comfort, even from reflections on the most refined 
 of the cruelties with which they have glutted themselves." 
 The policy of the measure was proved by its ultimate suc 
 cess; and the British government, when taught by experi 
 ence, acknowledged the correctness of a principle they had 
 refused to listen to, when urged only by the dictates of hu 
 manity and the usages of civilized society. 
 
 In the year 1780, Virginia, which had hitherto been dis 
 tant from the seat of actual warfare, was threatened with 
 invasion from the south. In the spring, the ferocious Tarle- 
 ton had made his appearance on her southern borders, 
 marking his path with unusual barbarity. Immediately after 
 him, followed the main army under lord Cornwallis. It was 
 
278 JEFFERSON. 
 
 then time for Virginia to exert herself. Troops were rapidly 
 raised and sent off to the south, artillery and ammunition 
 were collected, lines of communication established, and every 
 preparation made to meet the enemy. It is needless to re 
 mark, that all the former habits and pursuits of the governor, 
 had been of a kind little likely to fit him for military com 
 mand ; but aware of the importance of energy and exertion, 
 at such a crisis, he bent his mind to the new task which for 
 tune had thrown upon him, with alacrity and ardour. " Our 
 intelligence from the southward," he writes to general 
 Washington, on the eleventh June, "is most lamentably 
 defective. Though Charleston has now been in the hands of 
 the enemy a month, we hear nothing of their movements, 
 which can be relied upon. Rumours say that they are pene 
 trating northward. To remedy this defect, I shall imme 
 diately establish a line of expresses from hence to the 
 neighbourhood of their army, and send thither a sensible, 
 judicious person, to give us information of their movements. 
 This intelligence will, I hope, be conveyed at the rate of one 
 hundred and twenty miles in the twenty-four hours. They set 
 out to their stations to-morrow. I wish it were possible that 
 a like speedy line of communication could be formed, from 
 hence to your excellency s head quarters. Perfect and speedy 
 information of what is passing in the south, might put it in 
 your power perhaps to frame your measures by theirs. There 
 is really nothing to oppose the progress of the enemy north 
 ward, but the cautious principle of the military art. North 
 Carolina is without arms. They do not abound with us. 
 Those we have are freely imparted to them ; but such is the 
 state of their resources that they have not been able to move 
 a single musket from this state to theirs. All the wagons we 
 can collect here, have been furnished to the Baron De Kalb, 
 
JEFFERSON. 279 
 
 and are assembled for the march of two thousand five hundred 
 men under general Stevens, of Cu! pepper, who will move on 
 the nineteenth instant. I have written to congress to hasten 
 supplies of arms and military stores for the southern states, 
 and particularly to aid us with cartridge paper and hoxes, 
 the want of which articles, small as they are, renders our 
 stores useless. The want of money cramps every effort. 
 This will be supplied by the most unpalatable of all substi 
 tutes, force. Your excellency will readily conceive, that after 
 the loss of one army, our eyes are turned towards the other, 
 and that we comfort ourselves with the hope, that if any 
 aids can be furnished by you, without defeating operations 
 more beneficial to the union, they will be furnished. At the 
 same time, I am happy to find that the wishes of the people 
 go no further, as far as I have an opportunity of learning 
 their sentiments. Could arms be furnished, I think this state 
 and North Carolina would embody from ten to fifteen thou 
 sand militia immediately, and more, if necessary. I hope 
 ere long to be able to give you a more certain statement of 
 the enemy s, as well as our own situation." 
 
 The legislature, becoming fully aware of their danger, 
 adopted the most vigorous measures for the increase and 
 support of the southern army. They conferred on the go 
 vernor new and extraordinary powers; and that officer 
 exerted himself in every mode, which ingenuity could sug 
 gest, to ward off the approaching danger. 
 
 While however all eyes were turned to the south, a sudden 
 attack in another quarter was the more disastrous, as it was 
 the less expected. 
 
 Arnold, whose treachery seems to have increased the 
 natural daring and recklessness of his temper, aware of the 
 unprotected situation of Virginia on the sea board, formed a 
 
280 JEFFERSON. 
 
 plan for an attack on that quarter. He set sail from New 
 York, with sixteen hundred men, and supported by a number 
 of armed vessels, ascended James river, and landed about 
 fifteen miles below Richmond. All the militia of the state, 
 that could be supplied with arms, had been already called 
 out, and placed in the neighbourhood of Williamsburg, under 
 the orders of general Nelson. This event seemed to leave 
 the governor almost without resource; he saw the enemy, 
 within a few miles of the capital of the state, which was en 
 tirely undefended ; he collected hastily about two hundred 
 half armed militia, whom he placed under the command of 
 baron Steuben, for the purpose of protecting the removal of 
 the records and military stores across James river; he 
 superintended their movements in person with the utmost 
 zeal, courage, and prudence ; and he was seen coolly issuing 
 his orders, until the enemy had actually entered the lower 
 part of the town, and begun to flank it with their light 
 horse. 
 
 Although Arnold had thus succeeded in plundering and lay 
 ing waste the country, the governor determined, if possible, 
 that the traitor should not escape with impunity ; he believed 
 that a plan for his capture, prudently formed, and boldly ex 
 ecuted, would be attended with success ; this scheme he ex 
 plains in a letter, written to general Muhlenberg, on the 
 thirty-first of January, as follows : 
 
 " Sir, Acquainted as you are with the treasons of Arnold, 
 I need say nothing for your information, or to give you a 
 proper sentiment of them. You will readily suppose that it 
 is above all things desirable to drag him from those, under 
 whose wing he is now sheltered. On his march to and from 
 this place, I am certain it might have been done with facility, 
 by men of enterprise and firmness. I think it may still be 
 
JEFFERSON. 281 
 
 done, though perhaps not quite so easily. Having peculiar 
 confidence in the men from the western side of the mountains, 
 I meant, as soon as they should come down, to get the enter 
 prise proposed to a chosen numher of them, such whose cou 
 rage and whose fidelity would be above all doubt. Your 
 perfect knowledge of those men personally, and my confidence 
 in your discretion, induce me to ask you to pick from among 
 them, proper characters, in such numbers as you think best, 
 to reveal to them our desire, and engage them to undertake to 
 seize and bring off this greatest of all traitors. Whether this 
 may be best effected by their going in as friends, and awaiting 
 their opportunity, or otherwise, is left to themselves. The 
 smaller the number the better, so that they may be sufficient to 
 manage him. Every necessary caution must be used on their 
 part, to prevent a disco very of their design by the enemy. I will 
 undertake, if they are successful in bringing him off alive, 
 that they shall receive five thousand guineas reward among 
 them ; and to men formed for such an enterprise, it must be 
 a great incitement to know that their names will be recorded 
 with glory in history, with those of Vanwert, Paulding and 
 Williams. The enclosed order from Baron Steuben will au 
 thorize you to call for, and to dispose of any force you may 
 think necessary to place in readiness, for covering the enter 
 prise and securing the retreat of the party. Mr. Newton, 
 the bearer of this, and to whom its contents are communi 
 cated in confidence, will provide men of trust, to go as 
 guides. These may be associated in the enterprise, or not, 
 as you please ; but let the point be previously settled, that 
 no difficulty may arise as to the parties entitled to participate 
 in the reward. You know how necessary profound secrecy 
 is in this business, even if it be not undertaken. " Men were 
 found without difficulty, bold enough and ready to undertake 
 VOL. IV. N n 
 
282 JEFFERSON. 
 
 this scheme ; but it was rendered unavailing by the caution^ 
 prudence of Arnold, who avoided every exposure to such a 
 danger. 
 
 Frustrated in this plan, the governor turned his attention 
 to another, on a bolder scale, in which he was to be aided by 
 general Washington and the French fleet. The latter, then 
 at Rhode Island, were to sail immediately for James river, to 
 prevent the escape of the enemy by sea, while a large body of 
 troops should be collected on shore, for the purpose of block 
 ading them, and ultimately compelling a surrender. On the 
 eighth of March, Mr. Jefferson thus writes to the commander 
 in chief : " We have made on our part, every preparation 
 which we were able to make. The militia proposed to ope 
 rate, will be upwards of four thousand from this state, and 
 one thousand or twelve hundred from Carolina, said to be 
 under general Gregory. The enemy are at this time, in a 
 great measure, blockaded by land, there being a force on the 
 east side of Elizabeth river. They suffer for provisions, as 
 they are afraid to venture far, lest the French squadron 
 should be in the neighbourhood, and come upon them. Were 
 it possible to block up the river, a little time would suffice to 
 reduce them by want and desertions ; and would be more 
 sure in its event than any attempt by storm." The French 
 fleet, however, encountered, on their arrival at the Chesa 
 peake a British squadron of equal, if not superior force, by 
 which they were driven back ; by these means the plan was 
 defeated, and Arnold again escaped. 
 
 The disasters of Virginia, and the difficulties of the go 
 vernor, however, were not yet at an end. Arnold had 
 scarcely left the coast, when Cornwallis entered the state on 
 the southern frontier. Never was a country less prepared 
 to repel invasion ; her troops had been drawn off to distant 
 
JEFFERSON. 283 
 
 quarters, her resources had been exhausted to supply other 
 states, and she was alike destitute of military stores, and of 
 funds to obtain them. The whole burden of affairs, too, had 
 been thrown on the governor ; the legislature had hastily 
 adjourned, on the invasion of Arnold in January, to meet 
 again at Charlottesville on the twenty-fourth of May; in the 
 mean time he had no resource, but to make the best of the 
 means which providence had given him, and to depend on 
 that good fortune which had already so often befriended his 
 country, at moments the most gloomy and unpromising. To 
 resist invasion, the militia was his only force; and the resort 
 even to this, was limited by the deficiency of arms. He used 
 every effort, however, to increase its efiicacy. When it 
 was sent into the field, he called into service a number of 
 officers who had resigned, or been thrown out of public em 
 ployment by reductions of continental regiments for want of 
 men, and gave them commands; an expedient, which, to 
 gether with the aid of the old soldiers scattered in the ranks, 
 produced a sudden and highly useful degree of skill, dis 
 cipline, and subordination. Men were draughted for the 
 regular regiments, and considerable detachments of the 
 militia were sent to the south, and a number of horses, essen 
 tially necessary, were rapidly obtained by an expedient of 
 Mr. Jefferson s. Instead of using a mercenary agency, he 
 wrote to an individual, generally a member of assembly, in 
 each of the counties where they were to be had, to purchase 
 a specified number with the then expiring paper money. This 
 expedient met with a success highly important to the common 
 cause. Nor was it sufficient to protect his own state alone; 
 aid was demanded for the Carolinas, and this, though in 
 creasing the destitution and distress at home, was furnished 
 to a very considerable extent. At length, however, exhausted 
 
284 JEFFERSON. 
 
 by he refforts to aid her sister states, almost stript of arms, 
 without money, and harassed on the east and on the west 
 with formidable invasions, Virginia appeared at last without 
 resource. 
 
 In this state of things, the twenty-fourth of May arrived, 
 but it was not until the twenty-eighth that the legislature 
 was formed at Charlottesville, to proceed to business. On 
 that day the governor addressed the following letter to the 
 commander in chief; the general view which it presents of 
 the situation of the state, and the personal feelings of Mr. 
 Jefferson, give it an importance, more than sufficient to com 
 pensate for its length. 
 
 " I have just been advised," he writes on the twenty-eighth 
 of May, "that the British have evacuated Petersburg, been 
 joined by a consider able re-enforcement from New York, and 
 crossed James river at Westover. They were, on the twenty- 
 sixth instant, three miles advanced towards Richmond, at 
 which place major general, the Marquis Fayette, lay with 
 three thousand men, regulars and militia; that being the 
 whole number we could arm, until the arrival of the eleven 
 hundred stand of arms from Rhode Island, which are about 
 this time at the place where our public stores are deposited. 
 The whole force of the enemy within this state, from the best 
 intelligence I have been able to get, is, I think, about seven 
 thousand men, including the garrison left at Portsmouth. A 
 number of privateers, which are constantly ravaging the 
 shores of our rivers, prevent us from receiving any aid from 
 the counties lying on navigable waters ; and powerful opera 
 tions meditated against our western frontier, by a joint force 
 of British and Indian savages, have, as your excellency be 
 fore knew, obliged us to embody between two and three 
 thousand men in that quarter. Your excellency will judge 
 
JEFFERSON. 285 
 
 from this state of things, and from what you know of your 
 own country, what it may probably suffer during the present 
 campaign. Should the eroemy be able to obtain no opportunity 
 of annihilating the marquis s army, a small proportion of 
 their force may yet restrain his movements effectually, while 
 the greater part is employed in detachments to waste an un 
 armed country, and lead the minds of the people to acquiesce 
 under those events, which they see no human power prepared 
 to ward off. We are too far removed from the other scenes 
 of war, to say whether the main force of the enemy be within 
 this state; but I suppose they cannot any where spare so 
 great an army for the operations of the field. Were it pos 
 sible for this circumstance to justify in your excellency, a 
 determination to lend us your personal aid, it is evident from 
 the universal voice, that the presence of their beloved coun 
 tryman, whose talents have so long been successfully em 
 ployed in establishing the freedom of kindred states, to whose 
 person they have still flattered themselves they retained some 
 right, and have ever looked upon as their dernier resort in 
 distress; that your appearance among them, I say, would 
 restore full confidence of salvation, and would render them 
 equal to whatever is not impossible. I cannot undertake to 
 foresee and obviate the difficulties which lie in the way of 
 such a resolution. The whole subject is before you, of which 
 I see only detached parts ; and your judgment will be formed 
 on a view of the whole. Should the danger of the state, and 
 its consequence to the union, be such as to render it best for 
 the whole, that you should repair to its assistance, the diffi 
 culty would then be how to keep men out of the field. I have 
 undertaken to hint this matter to your excellency, not only 
 on my own sense of its importance to us, but at the solicita 
 tion of many members of weight in our legislature, which has 
 
286 JEFFERSON. 
 
 not yet assembled to speak its own desires. A few days will 
 bring to me that relief, which the constitution has prepared 
 for those oppressed with the labours of my office ; and a long 
 declared resolution of relinquishing it to abler hands, has 
 prepared my way for retirement to a private station ; still, 
 as an individual, I should feel the comfortable effects of your 
 presence, and have (what I thought could not have been) an 
 additional motive for that gratitude, esteem, and respect, 
 which I have long felt for your excellency." 
 
 On the second of June, the term for which Mr. Jefferson 
 had been elected expired, and he returned to the situation of 
 a private citizen, after having conducted the affairs of his 
 state, through a period of difficulty and danger, without any 
 parallel in its preceding or subsequent history, and with a 
 prudence and energy that might have gained him more fame, 
 had the times been less unpropitious, but which from that very 
 reason have been and will be more appreciated and honoured, 
 in succeeding times. 
 
 Two days after his retirement from the government, and 
 when on his estate at Monticello, intelligence was suddenly 
 brought that Tarleton, at the head of two hundred and fifty 
 horse, had left the main army for the purpose of surprising 
 and capturing the members of assembly at Charlottesville., 
 The house had just met, and was about to commence busi 
 ness, when the alarm was given ; they had scarcely taken 
 time to adjourn informally, to meet at Staunton on the 
 seventh, when the enemy entered the village, in the confident 
 expectation of an easy prey. The escape was indeed narrow, 
 but no one was taken. In pursuing the legislature, however, 
 the governor was not forgotten ; a troop of horse under a cap 
 tain M Leod had been despatched to Monticello, fortunately 
 with no better success. The intelligence received at Char- 
 
JEFFERSON. 287 
 
 lottesTille was soon conveyed thither, the distance between 
 the two places being very short. Mr. Jefferson immediately 
 ordered a carriage to be in readiness to carry off his family, 
 who, however, breakfasted at leisure with some guests. Soon 
 after breakfast, and when the visitors had left the house, a 
 neighbour rode up in full speed, with the intelligence that a 
 troop of horse was then ascending the hill. Mr. Jefferson 
 now sent off his family, and after a short delay for some in 
 dispensable arrangements, mounted his horse, and taking a 
 course through the woods, joined them at the house of a 
 friend, where they dined. It would scarcely be believed by 
 those not acquainted with the fact, that this flight of a single 
 and unarmed man from a troop of cavalry, whose whole 
 legion, too, was within supporting distance, and whose main 
 object was his capture, has been the subject of volumes of 
 reproach, in prose and poetry, serious and sarcastic. 
 
 In times of difficulty and danger, it is seldom that the ac 
 tions of the wisest and the best can escape without censure. 
 Where they are not the marks of malevolence, they are yet 
 dwelt on with morbid distrust by the discontented and the 
 timid ; they are contrasted by every speculative reasoner, 
 with the fanciful schemes which his own imagination has 
 suggested ; and if tbey do not chance to be crowned with 
 unexpected success, the failure is attributed to intrinsic 
 weakness, rather than to unavoidable accident. In the pre 
 ceding pages of this memoir, a rapid, and indeed an insuffi 
 cient sketch has been recorded of the public acts of Mr. Jef 
 ferson, during the singularly eventful period in which he 
 was placed at the head of the government in Virginia. The 
 truth of those facts may be relied on. From them, a reader 
 of the present day, far removed from the bustle and feelings 
 of the times, may form a calm judgment of the principles 
 
288 JEFFERSON. 
 
 and talents of the man, when placed in this station of unex 
 pected difficulty. There is little danger in asserting, that 
 such a judgment will be as favourable to the zeal and talents 
 of the statesman, as it will be honourable to the feelings and 
 patriotism of the man. It would, therefore, seem almost 
 useless to record imputed errors and unfounded charges 
 with regard to him, which have passed into oblivion by the 
 lapse of years, were it not in some degree a duty, not to 
 pass unnoticed, events which, in their own day at least, ex 
 cited considerable attention. 
 
 The meeting of the legislature at Staunton, was attended 
 by several members who had not been present at Richmond, 
 at the period of Arnold s incursion. One of these, Mr. 
 George Nicholas, actuated, it is said, by no unkind feelings, 
 yet it must be acknowledged with a patriotism somewhat 
 too ardent, accused the late governor of great remissness in 
 his measures on that occasion, and moved for an inquiry 
 relative to them. To this, neither Mr. Jefferson nor his 
 friends had the least objection, nor did they make the slight 
 est opposition. The ensuing session of the legislature, was 
 the period fixed for the investigation, but before it arrived, 
 Mr. Nicholas, convinced that the charges were unfounded, 
 in the most honourable and candid manner declined the far 
 ther prosecution of the affair. In the mean time, that he 
 might be placed on equal ground for meeting the inquiry, 
 one of the representatives of his county resigned his seat, 
 and Mr. Jefferson was unanimously elected in his place. 
 When the house assembled, no one appeared to bring forward 
 the investigation ; he, however, rose in his place, and reca 
 pitulating the charges which had been made, stated in brief 
 terms his own justification. His remarks were no sooner 
 
JEFFERSON. 289 
 
 concluded, than the house passed unanimously the following 
 resolution : 
 
 ** Resolved, That the sincere thanks of the general as 
 sembly, be given to our former governor, Thomas Jefferson, 
 for his impartial, upright, and attentive administration whilst 
 in office. The assembly wish, in the strongest manner, to 
 declare the high opinion they entertain of Mr. Jefferson s 
 ability, rectitude, and integrity, as chief magistrate of 
 this commonwealth, and mean, by thus publicly avowing 
 their opinion, to obviate and to remove all unmerited cen 
 sure." 
 
 It is due to Mr. Nicholas to state, that in a publication 
 some time afterwards, he made an honourable acknowledg 
 ment of the erroneous views he had entertained on the sub 
 ject. The same candour has not marked all the opponents 
 of Mr. Jefferson ; but we are not, however, now to learn, 
 that in the violence of politieal asperity, circumstances 
 long proved, and generally acknowledged to be incorrect, 
 are brought forward with no inconsiderable effrontery, 
 and the mild and virtuous must be content to wait until 
 time has swept away the fabrications and assertions of 
 faction, and confirmed that which is founded in honesty and 
 truth. 
 
 Mr. Jefferson has already appeared before us, as a wri 
 ter of no ordinary talents ; but it has been in one point of 
 view solely, that of a politician. Great as were his skill 
 and knowledge as a statesman, and active as were his la 
 bours for the public good, we find him in the year 1781, 
 snatching sufficient leisure, amid the tumult and confusion of 
 politics and war, to compose a work devoted exclusively to 
 science. M. De Marbois, the secretary of the French lega 
 tion in the United States, at the suggestion it is supposed of 
 VOL. IV O o 
 
290 JEFFERSON, 
 
 his own court, proposed to Mr. Jefferson a number of ques 
 tions relative to the state of Virginia, embracing a general 
 view of its geography, natural productions, statistics, go 
 vernment, history, and laws. To these, Mr. Jefferson return 
 ed answers full of learning and research ; so much so, that 
 the gentleman to whom they were addressed, found it neces 
 sary to have a few copies printed in the French language, 
 for the use exclusively, however, of his friends, among whom 
 the work had excited great interest. From one of these 
 copies, a translation was surreptitiously made into English ; 
 and this induced Mr. Jefferson at length, in the year 1787, 
 to publish the work himself, under the simple title it still re 
 tains, of " Notes on Virginia." The principal charms of this 
 little volume, are the unpretending simplicity of its style, and 
 the variety of its information. After a lapse of more than 
 forty years, we are surprised at the slow advances we have 
 made in the subjects of which it treats ; and when we reflect 
 on the wild state of the country at that period, the compara 
 tively narrow bounds within which was contained all of civi 
 lization and knowledge, we look with astonishment at the 
 facts, that industry could thus accumulate. Even if the 
 length or nature of this memoir would permit it, it seems 
 hardly necessary to analyze a work so generally known ; 
 yet one might dwell with pleasure on many of the subjects 
 which its pages embrace, and find in them a cheerful relief 
 from the tedious uniformity of political history. The fanci 
 ful theories of Buffon, have met their refutation in the in 
 creasing intelligence of succeeding times opinionum com- 
 menta delet dies, naturae judicia confirmat; yet one reads 
 with satisfaction, if not with pleasure, the successful but 
 simple refutation of the greatest philosopher of his day, by a 
 citizen of an almost unknown and despised country, who had 
 
JEFFERSON. 291 
 
 thrown aside for a moment, the sword and the portfolio, to 
 amuse himself in the more congenial investigations of science. 
 The refutation of absurdity, has often proved the mother of 
 wisdom ; the wild visions of Fulmer, produced the match 
 less dissertations of Locke. In the interesting picture of 
 Indian habits and manners ; the records of their untutored 
 eloquence ; the vindication of their bravery, their generosity, 
 and their virtue in the delineation of the character, the 
 fidelity, the kindly feelings of the enslaved negro race, whose 
 champion he ever was, alike in the times of colonial subjec 
 tion, and of established freedom in his investigations rela 
 tive to religious and political liberty in his researches in 
 science, philosophy, and antiquity, every reader will find a 
 great deal to instruct and amuse. He will not perhaps re 
 gret, that he chose public life as the great theatre of his am 
 bition, but he will acknowledge, that his fame would pro 
 bably have been as great, in the more peaceful pursuits of 
 science. 
 
 About the close of the year 1782, Mr. Jefferson was ap 
 pointed a minister plenipotentiary, to join the commissioners 
 in Europe, who were to determine on the conditions of a 
 treaty of peace, which it was expected would soon be enter 
 ed into. In December he arrived at Philadelphia, in order 
 to embark. Congress immediately ordered, that during his 
 stay in that city, he should have full access to the archives of 
 the government. 
 
 The minister of France offered him the French frigate 
 Romulus, which was then at Baltimore, for his passage ; 
 but, before the ice would permit hep to leave the port, 
 intelligence was received that preliminaries of peace 
 between the United States and Great Baitain had been 
 signed. Mr. Jefferson wrote to congress from Baltimore, 
 
292 JEFFERSON. 
 
 to inquire whether the occasion of his services was not 
 passed, and they, of course, dispensed with his leaving 
 America. 
 
 On the sixth of June, 1783, Mr. Jefferson was again 
 elected a delegate to congress, from the state of Virginia, 
 but he did not take his seat in that body until the fourth 
 of November following. The part which he immediately 
 acted, was of course a prominent one, and we find him at 
 once engaged in all the principal measures that occupied 
 the public attention. Early in December, letters were 
 received from the commissioners in France, accompanied 
 with the definitive treaty between the United States and 
 Great Britain, which had been signed at Paris on the 
 third of September. They were immediately referred to a 
 committee, of which Mr. Jefferson was chairman. On the 
 fourteenth of January, 1784, on the report of this committee, 
 the treaty was unanimously ratified, thus putting an end to 
 the eventful struggle between the two countries, and confirm 
 ing the independence which had already been gained. On 
 the thirtieth of March he was elected chairman of congress, 
 and chairman also of a grand committee, instructed to revise 
 the institution of the treasury department, and report such 
 alterations as they should deem expedient. This they did, in 
 an able report on the fifth of April, embracing a general and 
 comprehensive view of the finances of the country ; a sub 
 ject of infinite difficulty, and presenting obstacles which 
 threatened to disturb the harmony of the union, to embarrass 
 its councils, and obstruct its operations. 
 
 About this period, an opportunity was offered to Mr. 
 Jefferson, of expressing again, as he had already so fre 
 quently done, his earnest desire to provide for the emancipa 
 tion of the negroes, and the entire abolition of slavery in the 
 
JEFFERSON. 293 
 
 United States. Being appointed chairman of a committee, 
 to which was assigned the task of forming a plan for the 
 temporary government of the Western Territory, he intro 
 duced into it the following clause: "That after the year 
 1800 of the Christian sera, there shall be neither slavery nor 
 involuntary servitude in any of the said states, otherwise 
 than in punishment of crimes, whereof the party shall have 
 been convicted to have been personally guilty." "When the 
 report of the committee was presented to congress, these 
 words were, however, struck out. 
 
 On the seventh of May, congress resolved that a minister 
 plenipotentiary should be appointed, in addition to Mr. 
 Adams and Dr. Franklin, for the purpose of negotiating 
 treaties of commerce. To this office Mr. Jefferson was 
 immediately elected, and orders were issued to the agent of 
 marine, to provide suitable accommodations for his passage 
 to Europe. 
 
 In July, he sailed from the United States, and joined the 
 other commissioners at Paris, in the following month. Full 
 powers were given to them, to form alliances of amity and 
 commerce with foreign states, and on the most liberal prin 
 ciples. In this useful design, they were occupied for a year, 
 but not with the success that congress had anticipated ; they 
 succeeded in their negotiations, only with the governments 
 of Morocco and Prussia. The treaty with the latter power 
 is so remarkable for some of the provisions it contains, that 
 it may be looked upon as an experiment in diplomacy and 
 national law. By it, blockades of every description were 
 abolished, the flag covered the property, and contrabands 
 were exempted from confiscation, though they might be em 
 ployed for the use of the captor, on payment of their full value. 
 This, it is said, is the only convention ever made by Ame- 
 
294 JEFFERSON, 
 
 rica, in which the latter stipulation is introduced, nor is it 
 known to exist in any other modern treaty. 
 
 With Great Britain, also, a negotiation was attempted, hut 
 without success. The treaty of the preceding year had indeed 
 dissolved for ever the hands by which the two countries were 
 united, but the ties of consanguinity, religion, manners, and 
 perhaps of interest, seemed to point out by nature, an alli 
 ance somewhat more intimate, than that which usually exists 
 between independent states. It was known too that soon 
 after the preliminary articles of peace had been concluded, 
 Mr. Pitt, the young chancellor of the exchequer, with the 
 liberal candour of youth, and a political sagacity not yet 
 tinctured by national selfishness, or absorbed by more en 
 grossing plans of infinitely less general utility, had intro 
 duced into the house of commons a bill for regulating the 
 intercourse between the two nations, on principles of recipro 
 cal benefit, which would have gone far^ to establish between 
 them lasting relations of peace and prosperity. It is true, 
 a change in the administration had prevented the passage of 
 this measure, but its advocates had since returned to power, 
 and it was in itself so highly advantageous to both parties, 
 that the American commissioners deemed it expedient to at 
 tempt its renewal in the form of a commercial treaty. To 
 effect this, Mr. Jefferson and Mr. Adams crossed over to 
 London ; and so anxious were they to promote a cordial con 
 nexion between the two countries, that among the terms they 
 proposed to offer, was a mutual exchange of naturalization 
 to the citizens and vessels of either nation, in every thing 
 relating to commerce or commercial navigation. On reach 
 ing London, they were received by the government with 
 great respect; but whether from some remains of hostile 
 feeling and injured pride, or from the pressure of domestic 
 
JEFFERSON. 295 
 
 affairs, injured as they had been by a long and unsuccessful 
 war ; or what is most probable, from a determination to sup 
 port the selfish regulations of the navigation system, from 
 which she had been somewhat driven by the apprehension 
 of injury to her commerce, in consequence of the revolution, 
 but to which she joyfully returned on perceiving the weak 
 ness of the confederation, the discordant plans of the several 
 states, and the interest she had succeeded in establishing ; 
 from one or all of these causes, for several years after the 
 treaty of independence, Great Britain does not appear to 
 have bestowed much attention on her intercourse with 
 America. Every attempt to procure a conference was 
 evaded, the period for which the general commission was 
 issued, was on the eve of expiring, and after a fruitless 
 visit of seven weeks to London, Mr. Jefferson returned to 
 Paris. 
 
 On the tenth of March, 1785, Mr. Jefferson was unani 
 mously appointed by congress, to succeed Dr. Franklin as 
 minister plenipotentiary at the court of Versailles ; and on 
 the expiration of his commission in October, 1787, he was 
 again elected to the same honourable situation. He remained 
 in France until October, 1789. 
 
 The eminent rank which Dr. Franklin had obtained as a 
 philosopher, before he was appointed a commissioner to Paris, 
 had in no small degree facilitated his introduction there, and 
 greatly aided the success of his political mission ; that a man 
 of such acknowledged distinction in science, should have 
 been produced by these states, gave them a character be 
 yond that usually bestowed on the colonists of a remote 
 and unknown country, and strongly contributed to bring 
 them forward into the rank of nations. These features of 
 Dr. Franklin s character, were eminently supported by Mr. 
 
296 JEFFERSON. 
 
 Jefferson, and it was certainly no common circumstance, 
 that at a time when the spirit of political and philosophical 
 investigation, especially so far as it applied to the state of 
 society, had made such rapid advances, and produced 
 so many great men, a country scarcely yet heard of in 
 Europe, should furnish such practical lessons in freedom 
 and the assertion of liberty, and two men so fitted hy their 
 talents and the congeniality of their dispositions, to mingle 
 with the most distinguished statesmen and philosophers of 
 the age. 
 
 While Mr. Jefferson resided in France, he was engaged 
 in many diplomatic negotiations of considerable importance 
 to this country, though not of sufficient general interest, to 
 require here a lengthened recital. The great questions 
 which had so long occupied the public mind, were fitted to 
 arrest the attention of the most thoughtless, affecting as they 
 did, the policy of nations and the fate of empires; but the 
 details which arise out of the interpretation of treaties, or 
 the measures which are necessary to increase their effect, 
 and to remedy their deficiencies, are interesting only to him 
 who studies the minute points of political history. These 
 only were the objects, which could claim the attention of 
 the minister to France, at this period ; they did not call forth 
 any prominent display of his great and various talents, but 
 they required no ordinary address, involved as they were by 
 the skilful intrigues of such ministers as Vergennes and 
 Calonne, and opposed, for the most part, by all the men of 
 influence, who thought that their interests might be compro 
 mised or endangered. Among the principal benefits then 
 obtained, and continued to the United States until the period 
 of the French revolution, were the abolition of several mono 
 polies, and the free admission into France of tobacco, rice, 
 
JEFFERSON. 297 
 
 whale oil, salted fish, and flour ; and of the two latter articles 
 into the French West India islands. 
 
 During the period of his ministry, Mr. Jefferson took 
 advantage of the leisure he occasionally enjoyed to make an 
 excursion to Holland, and another to Italy. Each offered 
 a useful lesson to a philosopher and statesman, the repre 
 sentative of a young and rising nation. The one displayed 
 the successful efforts of patient industry, gradually removing 
 the difficulties which nature had created and neglect increased. 
 In the fair clime and fertile soil of the other, he saw that 
 arbitrary power changes the field of plenty to a desert, and 
 that though the Italian might look round on the stupendous 
 ruins which proclaimed at once the power and the freedom 
 of his ancestors, he had inherited nothing of their lofty spirit, 
 but was rather a stranger, wandering amid the relics of 
 foreign grandeur, than the descendant of a nation whose 
 humblest citizens were mightier than kings. It was, how 
 ever, in the gaiety, the learning, the taste, elegance, and 
 hospitality of Paris, that he found pleasures most congenial 
 to his disposition. Years had passed away, loaded with 
 public cares, since he had indulged in those pursuits, which 
 formed so favourite an occupation for his mind ; and now, 
 placed at once in the midst of learning and elegance, admired 
 for his genius, beloved for his modesty and kindness, received 
 with open arms by the men whose names were most conspicu 
 ous for their talents and virtues, it will be readily believed, that 
 he enjoyed the new scene around him with peculiar interest. 
 The Abbe Morrellet translated his little work on Virginia, 
 Condorcet and D Alembert claimed him as their friend, and 
 he was invited and welcomed among the literary institutions 
 and circles of Paris. His letters, written at this time to his 
 friends in America, display the versatility of his genius, and 
 VOL. IV. P p 
 
298 JEFFERSON, 
 
 the attention he constantly bestowed on whatever was calcu* 
 lateel to embellish or benefit society. Perhaps, indeed, of 
 his long and not unprosperous life, he would have fixed on 
 this as the period of greatest enjoyment; as a statesman 
 and patriot he was honoured, respected, and loved ; of rank 
 and fortune he had enough to supply his wants and gratify 
 his ambition ; in the prospect of the future there was little 
 to add to his present happiness, while it was surrounded 
 with the uncertainty which ever attends the most successful, 
 in the career of public life. 
 
 It was while Mr. Jefferson was in France, that the diffi 
 culties of this country, for want of a general government, 
 were more and more felt; they were greatly increased by 
 the failure of treaties abroad, which might have given a 
 system to our foreign relations, that could scarcely be ex 
 pected, while the states presented a social form so feebly 
 connected; the federal constitution, therefore, had been framed 
 from a general conviction of its necessity. But, however 
 Mr. Jefferson had contributed to impress this necessity, and 
 had communicated his ideas to his friends, he of course had 
 no personal share in its formation. That the structure of it 
 would awaken his attention, there could be no doubt ; and 
 it appears, that his friends were early desirous in obtaining 
 his views with regard to it. In a late publication it is 
 asserted, that so soon as 1787, he had expressed his senti 
 ments of it, in a letter to Mr. Madison ; that letter has not 
 been published ; but it seems that soon after, Mr. Jefferson 
 was written to by colonel Forrest of Georgetown, requesting 
 his opinion of the new constitution, and that he sent to him, 
 in reply, a copy or extract of his letter to Mr. Madison. 
 As this has every appearance of authenticity, and certainly 
 expresses Mr. Jefferson s sentiments on this interesting sub- 
 
JEFFERSON. 
 
 ject, far better than any abridgment of them would do, no 
 apology is necessary for inserting it at length. 
 
 " I like much," he says, " the general idea of framing a 
 government which sbould go on ef itself peaceably, without 
 needing continual recurrence to the state legislatures. I 
 like the organization of the government into legislative, 
 judiciary, and executive. I like the power given the legisla 
 ture to levy taxes, and for that reason solely, I approve of 
 the greater house being chosen by the people directly : for 
 though I think a house so chosen will be very far inferior to 
 the present congress, will be very illy qualified to legislate 
 for the Union, for foreign nations, c. yet this evil does not 
 weigh against the good of preserving inviolate the funda 
 mental principle, that the people are not to be taxed but by 
 representatives chosen immediately by themselves. I am 
 captivated by the compromise of the opposite claims of the 
 great and little states, of the latter to equal, and the former 
 to proportional influence. I am much pleased, too, with the 
 substitution of the method of voting by persons instead of 
 that of voting by states ; and I like the negative given to 
 the executive conjointly with a third of either house, though 
 I should have liked it better had the judiciary been associated 
 for that purpose, or invested separately with a similar power. 
 There are other good things of less moment. I will now 
 tell you what I do not like. First, the omission of a bill of 
 rights, providing clearly, and without the aid of sophisms, 
 for freedom of religion, freedom of the press, protection 
 against standing armies, restriction of monopolies, the eter 
 nal and unremitting force of the habeas corpus laws, and 
 trials by jury in matters of fact, triable by the laws of the 
 land, and not by the law of nations. To say, as Mr. Wilson 
 does, that a bill of rights was not necessary, because all is 
 
300 JEFFERSON. 
 
 reserved in the case of the general government which is not 
 given, while in the particular ones, all is given which is not 
 reserved, might do for the audience to which it was address 
 ed, but it is surely a gratis dictum, the reverse of which 
 might just as weir be said ; and it is opposed by strong in 
 ferences from the body of the instrument, as well as from the 
 omission of the clause of our present confederation, which 
 had made the reservation in express terms. It was hard to 
 conclude, because there has been a want of uniformity among 
 the states as to the cases triable by jury, because some have 
 been so incautious as to dispense with this mode of trial in 
 certain cases; therefore, the more prudent states shall be re 
 duced to the same level of calamity. It would have been 
 much more just and wise to have concluded the other way, 
 that, as most of the states had preserved with jealousy this 
 sacred paladium of liberty, those who had wandered should 
 be brought back to it; and to have established general right 
 rather than general wrong. For I consider all the ill as 
 established, which may be established. I have a right to 
 nothing which another has a right to take away ; and con 
 gress will have a right to take away trials by jury in all civil 
 cases. Let me add, that a bill of rights is what the people are 
 entitled to against every government on earth, general or par 
 ticular; and what no just government should refuse, or rest 
 on inferences. 
 
 "The second feature I dislike, and strongly dislike, is the 
 abandonment, in every instance, of the principle of rotation 
 in office, and most particularly in the case of the president. 
 Reason and experience tell us that the first magistrate will 
 always be re-elected, if he may be re-elected. He is then an 
 officer for life. This once observed, it becomes of so much 
 consequence to certain nations to have a friend or a foe at 
 
JEFFERSON. 301 
 
 the head of our affairs, that they will interfere, with money 
 and with arms. A Galloman or an Angloman will be sup 
 ported by the nation he befriends. If once elected, and at a 
 second or third election outvoted by one or two votes, he will 
 pretend false votes, foul play, hold possession of the reins of 
 government, be supported by the states voting for him, espe 
 cially if they be the central ones, lying in a compact body 
 themselves, and separating their opponents, and they will 
 be aided by one nation in Europe, while the majority are 
 aided by another. The election of a president of America, 
 some years hence, will be much more interesting to certain 
 nations of Europe, than even the election of a king of Poland 
 was. 
 
 " Reflect on all the instances in history, ancient and mo 
 dern, of elective monarchies, and say if they do not give foun 
 dation for my fears the Roman emperors, the popes, while 
 they were of any importance, the German emperors, till 
 they became hereditary in practice, the kings of Poland, the 
 deys of the Ottoman dependencies. It may be said, that if 
 elections are to be attended with these disorders, the sel- 
 domer they are repeated, the better. But experience says, 
 that, to free them from disorder, they must be rendered less 
 interesting by a necessity of change. No foreign power, 
 nor domestic party, will waste their blood and money to elect 
 a person who must go out at the end of a short period. The 
 power of removing every fourth year by the vote of the peo 
 ple, is a power which they will not exercise ; and if they 
 were disposed to exercise it, they would not be permitted. 
 The king of Poland is removable every day by the diet, but 
 they never remove him, nor would Russia, the emperor, &c. 
 permit them to do it. Smaller objections are, the appeal on 
 matters of fact as well as law ; and the binding all persons, 
 
302 JEFFERSON. 
 
 legislative, executive, and judiciary, by oath to maintain 
 that constitution. I do not pretend to decide what would be 
 the best method of procuring the establishment of the mani 
 fold good things in this constitution, and getting rid of the 
 bad ; whether by adopting it in hopes of future amendment ; 
 or, after it shall have been duly weighed and canvassed by 
 the people, after seeing the parts they generally dislike, and 
 those they generally approve, to say to them, we see now 
 what you wish ; you are willing to give to your federal go 
 vernment such and such powers ; but you wish at the same 
 time, to have such and such fundamental rights secured to you, 
 and certain sources of convulsion taken away; be it so; send 
 together your deputies again, let them establish your funda 
 mental rights by a sacrosanct declaration, and let them pass the 
 parts of the constitution you have approved. These will give 
 powers to your federal government sufficient for your happi 
 ness. This is what might be said, and would probably produce 
 a speedy, more perfect, and more permanent form of govern 
 ment. At all events, I hope you will not be discouraged from 
 making other trials, if the present one should fail ; we are 
 never permitted to despair of the commonwealth. 
 
 "I have thus told you freely what I like and what I dislike, 
 merely as matter of curiosity: for I know it is not in my 
 power to offer matter of information to your judgment, which 
 has been formed after hearing and weighing every thing 
 which the wisdom of man could offer on these subjects. I own 
 I am not a friend to a very energetic government; it is al 
 ways oppressive ; it places the governors indeed more at 
 their ease, but at the expense of the people. The late rebel 
 lion in Massachusetts has given more alarm than I think it 
 should have done. Calculate that one rebellion in thirteen 
 states, in the course of eleven years, is but one for each state 
 
JEFFERSON. 303 
 
 in a century and a half. No country should be so long with 
 out one, nor will any degree of power in the hands of govern 
 ment prevent insurrections. In England, where the hand of 
 power is heavier than with us, there are seldom half a dozen 
 years without an insurrection. In France, where it is still 
 heavier, hut less despotic, as Montesquieu supposes, than in 
 some other countries, and where there are always two or 
 three hundred thousand men ready to crush insurrections, 
 there have been three in the course of the three years I have 
 been here, in every one of which greater numbers were en 
 gaged than in Massachusetts, and a great deal more blood 
 was spilt. In Turkey, where the sole nod of the despot is 
 death, insurrections are the events of every day. Compare 
 again the ferocious depredations of their insurgents with the 
 order, the moderation, and the almost self-extinguishment of 
 ours, and say, finally, whether peace is best preserved by 
 giving energy to the government, or information to the 
 people. This last is the most certain, and the most legitimate 
 engine of government. Educate and inform the whole mass 
 of the people, enable them to see that it is their interest to 
 preserve peace and order, and they will preserve it ; and it 
 requires no very high degree of education to convince them of 
 this ; they are the only sure reliance for the preservation of 
 our liberty. After all, it is my principle that the will of the 
 majority should prevail. If they approve the proposed con 
 stitution in all its parts, I shall concur in it cheerfully, in 
 hopes they will amend it, whenever they shall find it works 
 wrong. This reliance cannot deceive us, as long as we re 
 main virtuous ; and I think we shall be so, as long as agri 
 culture is our principal object, which will be the case while 
 there remain vacant lands in any part of America. When 
 we get piled upon one another in large cities, as in Europe, 
 
304 JEFFERSON. 
 
 we shall become corrupt as in Europe, and go to eating one 
 another as they do there. I have tired you by this time with 
 disquisitions which you have already heard repeated by others 
 a thousand and a thousand times, and therefore shall only 
 add the assurance of my esteem and attachment." 
 
 In the month of October, 1789, Mr. Jefferson obtained 
 leave of absence for a short time, and returned to the United 
 States. While he was abroad, the federal constitution, the 
 formation of which we have mentioned, and relative to which 
 we have given his views, had been regularly ratified by the 
 requisite number of states, general Washington had been 
 raised unanimously to the presidential chair, and the new 
 government had been successfully organized. In filling the 
 executive offices, the president had, with that wisdom which 
 marked all the acts of his public life, carefully selected those 
 whose talents or previous employments, rendered them pecu 
 liarly fit for the duties of the stations to which they were 
 appointed. After his arrival from France, and while on his 
 way to Virginia, Mr. Jefferson received a letter from the 
 president, offering him the option of becoming secretary of 
 state, or returning to France, as minister plenipotentiary to 
 that court. His feelings and his habits, alike urged him to 
 the latter, but he could not, and did not refuse to acquiesce in 
 the very strong desire expressed by the president, that he 
 would afford the aid of his talents to the administration at 
 home. 
 
 Of all the offices under the government of the United States, 
 there is no one, perhaps, which calls for the exercise of such 
 various abilities, such extensive knowledge of laws and facts, 
 such prompt decision on questions involving principles of the 
 highest political import, as the department of state ; and in 
 proportion to the infancy of the office itself, and the new and 
 
 
JEFFERSON. 305 
 
 peculiar situation of the government, was the difficulty of the 
 task assumed by Mr. Jefferson. The subsequent events of 
 his political life have been tinged by the hue of party, and 
 perhaps the time has not arrived when we can view them with 
 strict impartiality, arid weigh the policy of his measures, 
 without dwelling too much on circumstances merely tem 
 porary or local. But all unite in the candid acknowledgment, 
 that the duties of this station were performed with a pru 
 dence, intelligence, and zeal, honourable to himself, and 
 useful to his country. In the intercourse with foreign na 
 tions, the laws of a strict neutrality, at a period of peculiar 
 difficulty, were maintained with unyielding firmness and 
 consummate ability; the dignity of the nation was remem 
 bered and supported ; and the interests of the citizens were 
 cherished and protected. At home, he turned his attention to 
 objects of a minuter character, but of equal importance ; he 
 laid before congress, from time to time, reports on various 
 branches of domestic policy, which displayed at once the 
 extent and variety of his genius, the depth of his information, 
 and the zeal with which he applied them both to the peculiar 
 duties of his situation. It has been observed, that these 
 papers evince not only the feelings of a patriot and the judg 
 ment of an accomplished statesman, but display, at the same 
 time, uncommon talents and knowledge as a mathematician 
 and natural philosopher, the deepest research as an historian, 
 and even an enlarged and intimate acquaintance with the 
 business and concerns of a merchant. 
 
 Mr. Jefferson had scarcely entered on his office, when 
 congress referred to him a subject whose nature and import 
 ance called for the exercise of a mature judgment, while its 
 intricacy was such, as to require in the investigation, more 
 than ordinary scientific knowledge. They directed him to 
 . IV Q q 
 
306 JEFFERSON. 
 
 prepare and report a plan, for establishing a uniform system 
 of currency, weights, and measures. This was a subject 
 which, it was admitted on all hands, demanded very serious 
 attention. It had already attracted the notice of the most 
 enlightened European nations; and a partial experiment in 
 one branch, that of the public currency, had been received 
 throughout the United States, with general approbation and 
 unexpected success. The established system of weights 
 and measures, was alike inconvenient and absurd. In 
 the ages cf feudal ignorance, when the sallies of passion, 
 the dictates of unrestrained ambition, or the gratification 
 of each changing caprice, were all that a monarch asked 
 as the foundation of his laws, it was at least not incon 
 sistent, that the length of his arm or foot should regu 
 late the measures of the nation. But the necessities of 
 modern commercial intercourse, seem to demand a scale 
 more certain and convenient; while the improvements of 
 modern science, offered standards of unerring correctness 
 and uniformity. The first object that presents itself in such 
 an inquiry, is the discovery of some measure of invariable 
 length. For this purpose, Mr. Jefferson proposed to select a 
 pendulum vibrating seconds ; and after answering the va 
 rious objections which may be made to such a standard, he 
 submits to congress two alternative plans for its adoption. 
 By the first, he proposes, that if, in the opinion of congress, 
 the difficulty of changing the established habits of the nation, 
 renders it expedient to retain the present weights and mea 
 sures, yet that they should be rendered uniformyand invari 
 able, by bringing them to the same invariable standard. 
 With this view, he enters minutely into the details of the 
 present system, its history, the remarkable coincidence to 
 be discovered in some of its varieties, its useless inconsisten- 
 
JEFFERSON. 307 
 
 eies, and the extreme case, and trifling variation, with which 
 it may be rendered uniform arid stable. But, in the second 
 place, he proceeds to say, " if it be thought, that either now 
 or at any future time, the citizens of the United Shvtcs may 
 be induced to undertake a thorough reformation of their 
 whole system of measures, weights, and coins, reducing 
 every branch to the same decimal ratio already established 
 in their coins, and thus bringing the calculation of the prin 
 cipal affairs of life within the arithmetic of every man who 
 can multiply and divide plain numbers, greater changes will 
 be necessary." 
 
 These changes he points out briefly and distinctly ; as be 
 ing such as are easy of introduction, and useful both to the 
 citizens of our own and foreign countries. " A gradual intro 
 duction, 7 he concludes, " would lessen the inconveniences 
 which might attend too sudden a substitution, even of an 
 easier, for a more difficult system. After a given term, for 
 instance, it might begin in the custom-houses, where the 
 merchants would become familiarized to it. After a further 
 term, it might be introduced into all legal proceedings ; and 
 merchants and traders in foreign commodities might be re 
 quired to use it in their dealings with one another. After a 
 still further term, all other descriptions of people might re 
 ceive it into common use. Too long a postponement, on the 
 other hand, would increase the difficulties of its reception 
 with the increase of our population." 
 
 This valuable document is still before the country. A 
 cautious deliberation, a natural attachment to long establish 
 ed usage, a deference to existing prejudices, perhaps the ac 
 knowledged difficulties in every system, have hitherto pre 
 vented any change in the existing laws ; but the subject has 
 demanded, and so often received, during half a century, the 
 
308 JEFFERSON. 
 
 attention of distinguished philosophers and enlightened 
 statesmen, in this country, and in France, England, arid 
 Spain, that the hope does not appear altogether groundless, 
 of estahlishing by their mutual efforts, a grand, useful, and 
 general system. Whether this be the case or not, however, 
 we trust that the views of Mr. Jefferson will never be lost 
 sight of among his own countrymen, and that an important 
 improvement will not be relinquished, from a fear that their 
 habits are so firmly fixed as to preclude its introduction. 
 The partial failure of a similar attempt in France could 
 afford no argument against it ; the scheme was there, one of 
 the hasty plans of the revolutionary government, blended 
 with others less necessary and judicious, precipitately 
 adopted, and carelessly abandoned ; it was introduced 
 among a people brought up in the midst of ancient prejudi 
 ces, and comparatively ignorant and unenlightened, who still 
 preserved the customs, and held in reverence many of the su 
 perstitions of their ancestors, and were naturally reluctant to 
 admit the improvements of science. Such, however, could not 
 be the result, in a nation where reason and improvement 
 hold the sway they do in the United States. The evident 
 advantage of a new system, quickly wrought a change in 
 their currency, connected as it is so intimately with all the 
 relations of social intercourse, and had the provisions of the 
 report which we have mentioned, been at once adopted, 
 it is not improbable that we should be now successfully 
 enjoying all the benefits of a system founded in science. 
 
 On the eighteenth of January, 1791, Mr. Jefferson made a 
 report, as secretary of state, on the subject of tonnage duties 
 payable by France. Very soon after the meeting of the first 
 congress, the same subject had been discussed in that body, 
 with considerable animation, and an act had passed the 
 
JEFFERSON. 309 
 
 house of representatives, embracing a discrimination in these 
 duties highly favourable to France. The principle thus 
 adopted, coincided with the general sentiments of the nation, 
 and appeared to be called for, not by this circumstance only, 
 but by the strongest dictates of national gratitude, as well 
 as those of sound policy. The discrimination, however, 
 was rejected by the senate, and the house of representatives 
 were obliged reluctantly to yield. What it was thus deemed 
 inexpedient to grant, even as a matter of favour or policy, 
 the French government demanded as a right, under the treaty 
 of amity and commerce of 1778. The demand was referred 
 to Mr. Jefferson, by the president, and elicited from him the 
 able report to which we have alluded. In this he clearly 
 proved, that the article of the treaty on which the French 
 government founded their claim, was evidently meant to ex 
 tend no further than to the exemption of the United States 
 from a duty from which other favoured nations were also 
 exempted, and that in return France could claim of our 
 government, no greater advantages than favoured nations 
 also received from us. That if the article in question had a 
 more extended relation, it applied reciprocally to each go 
 vernment, and would lead to the mutual abolition of duties, 
 highly useful to both, and to consequences in which it was 
 hardly conceivable, that either party could see its interest. 
 But he appears to incline to the opinion, that if France per 
 sisted in claiming this exemption, there were extrinsic causes 
 which might justify, and even render advisable, some relaxa 
 tion in her favour ; not on the grounds on which it was de 
 manded, but from the effect it would have on the finances, 
 revenue, and commerce of our own country. This report, the 
 president immediately submitted to the senate of the United 
 States. 
 
310 JEFFERSON. 
 
 But the foreign relations of the country, were not the only 
 subject, on which the opinions of congress were divided, dur 
 ing the session of 1791. The secretary of the treasury, in 
 introducing his celebrated system of finance, had recom 
 mended the establishment of a national bank, as necessary to 
 its easy and prosperous administration. A bill, conforming 
 to the plan he suggested, was sent down from the senate, and 
 was permitted to proceed unmolested, in the house of repre 
 sentatives, to a third reading. On the final question, how 
 ever, a great, and it would seem an unexpected .opposition 
 was made to its passage ; and after a debate of considerable 
 length, which was supported on both sides with ability, and 
 with that ardour which was naturally excited by the import 
 ance attached by each party to the principle in contest, the 
 question was put, and the bill carried in the affirmative by a 
 majority of nineteen voices. 
 
 The point which had been agitated with so much zeal in 
 the house of representatives, was examined not less delibe 
 rately by the executive. The advice of each minister, with 
 his reasoning in support of it, was required in w r riting, and 
 their arguments were considered by the president with all 
 that attention which the magnitude of the question, and the 
 interest taken in it by the opposing parties, so eminently 
 required. 
 
 The opinion of Mr. Jefferson, am] it agreed with that of 
 the attorney general, was decided. He believed that con 
 gress, in the passage of the bill, had clearly transcended the 
 powers granted them by the constitution. That as a body, 
 with limited authority, they were strictly confined to the 
 exercise of those powers which were granted to them, and 
 that to their exercise, an establishment of such vast power 
 and influence, was neither incidental nor necessary. That 
 
JEFFERSON. 311 
 
 even if a free interpretation of the constitution, seemed to 
 authorize that which was no where expressly allowed, it was 
 still hotter for those who were exerting merely a delegated 
 power, to confine themselves within limits which were well 
 known, and where their power was universally acknow 
 ledged, than to assume as a right, what was at least consi 
 dered as doubtful, hy a large and intelligent portion of their 
 constituents. 
 
 The views of the secretary of the treasury were equally 
 decided, in favour of the establishment. The president, after 
 receiving their opinions, weighing their reasons, and examin 
 ing the subject, deliberately made up his mind in favour of 
 the constitutionality of the law, and gave it the sanction of 
 his name. This circumstance, together with the renewal of 
 the charter of the bank, at a subsequent period, may perhaps 
 be considered sufficient, to settle the legality, as well as the 
 policy, of the measure ; yet none will regret that it was 
 adopted with so much hesitation, and that it led to so seri 
 ous a discussion of the fundamental principles of our go 
 vernment. It was a matter of high importance, at that 
 early period, when experience had afforded no lessons, when 
 the remote effects and bearings of any act were unknown, 
 and when the people were naturally and properly jealous 
 of the slightest infringement of the rights they had reserved, 
 that nothing which could be construed, even by the ignorant, 
 into the unwarranted assumption of power, should be done 
 without the utmost calmness, inquiry, and deliberation. 
 
 On the first of February, 1791, Mr. Jefferson presented to 
 the house of representatives, an elaborate and valuable re 
 port, on the subject of the cod and whale fisheries. Before 
 the revolution, a large number of seamen, and a great amount 
 of tonnage, were successfully employed in this trade ; but 
 
312 JEFFERSON. 
 
 (luring the war it had been almost annihilated, and now re 
 quired the immediate and efficient aid of the government to 
 restore it. It was too valuable to be neglected. To a 
 maritime nation, its preservation was of vital and acknow 
 ledged importance. It afforded employment and subsistence 
 to the inhabitants of a sandy and rocky district, who had no re 
 source in agriculture ; by augmenting the quantity of food, it 
 reduced the prices of all the necessaries of life, and thus im 
 proved the condition of the labouring classes, especially on 
 the sea coast; it was the means of rearing and supporting a 
 hardy race of men, useful alike in extending and defending 
 the commerce of the country, as it afforded a sure nursery of 
 excellent seamen, both for the public vessels, and the rapidly 
 increasing trade of the United States ; an object of immense 
 importance, when the scarcity of labour, and the readiness 
 with which employment could be found, in less arduous pur 
 suits, were taken into view. Impressed with these conside 
 rations, congress very early determined to give the subject 
 that investigation, which its importance demanded. The 
 report of Mr. Jefferson was accordingly made. In it he en 
 ters with sufficient minuteness, into an historical view of the 
 rise and progress of the trade, both among ourselves and 
 foreign nations ; he points out distinctly the facilities afford 
 ed by our situation, the cheapness and excellence of our 
 vessels, and the superiority of our mariners ; the disadvan 
 tages under which we labour, from the prohibitory policy of 
 other nations, and the means they have used, directly and 
 indirectly, to destroy our trade ; and concludes with recom 
 mending to congress, the adoption of such measures as he 
 conceives sufficient to restore the confidence and energy of 
 those engaged in it, to defeat the efforts of foreign govern- 
 ments, and open new markets for our enterprise. The 
 
JEFFERSON. 313 
 
 utility of these measures was acknowledged, and the adop 
 tion of this policy has secured to us a hranch of trade 
 and domestic enterprise, which cannot be too highly appre 
 ciated. 
 
 Towards the close of this year, 1791, Mr. Jefferson he- 
 came involved in a discussion with Mr. Hammond, the 
 British minister, of considerable length and importance. 
 It arose, in the first instance, out of the provisions in the 
 original treaty of peace, between the United States and 
 Great Britain. Soon after the termination of the war, each 
 party had charged the other with a violation of its engage 
 ments. The charge could not be entirely controverted by 
 either. At length, however, the opening of a diplomatic 
 intercourse, by the reception of Mr. Hammond and the 
 appointment of Mr. Pinckney, seemed to afford a proper 
 opportunity for bringing these differences to a close, and for 
 fixing the principles, which might serve as the basis of a de 
 finitive commercial arrangement between the two countries. 
 Accordingly, soon after the arrival of the British minister, 
 Mr. Jefferson called his attention to the seventh article of 
 the treaty, which contained stipulations against carrying 
 away negroes or destroying any American property, and 
 secured the removal or evacuation by the British forces of 
 all posts within the limits of the United States. To this 
 letter Mr. Hammond promptly replied, that his government 
 had only been induced to suspend the execution of that 
 article, by the non-compliance of the United States with the 
 engagements they had made, in the same treaty, to secure 
 the payment of debts justly due to British creditors, and to 
 stop all confiscations and prosecutions against British sub 
 jects. This was followed on both sides, by an exposition of 
 the various circumstances relied on to support the grounds 
 VOL. IV.-R r 
 
314 JEFFERSON. 
 
 that had heen respectively assumed ; and while on the one 
 hand, the refusal to evacuate the military stations was ac 
 knowledged, it cannot on the other he denied, that the terms 
 of the treaty did not appear, in several important instances, 
 to have been strictly complied with. To account for this, 
 Mr. Jefferson, on the twenty- second of May, addressed to 
 Mr. Hammond a long and circumstantial letter. Placing 
 out of view, all the acts which had occurred during the war, 
 as recollections equally unprofitable and unconciliatory, and, 
 to use his own language, dropping for ever the curtain on 
 that tragedy, he proceeds to show, and with no little success, 
 that the acts complained of by the British government, were 
 no infraction of the treaty; that on the subject of exile and 
 confiscation, congress only could and did stipulate, to re 
 commend it to the individual states, -and that the stipu 
 lation was so understood by both parties, nor was it 
 indeed denied that the recommendation had been earnestly 
 and faithfully made; that the British infractions had pre 
 ceded, and thereby produced, the acts complained of, as 
 obstacles to the recovery of the debts, thus justifying, on our 
 part, a resort to retaliatory measures ; but tbat even those 
 acts, being the proceedings of individual states, were con 
 trolled by the treaty, and* that anxious, not even to leave 
 the shadow of doubt, they had already been repealed, in 
 every state of the Union but one. That the claim set up by 
 the British creditors for interest during the war, was not 
 given by the treaty, was not generally allowed in other 
 countries, and was fairly a subject that should be left to the 
 decision of the legal tribunals, without imputing to them 
 palpable wrong, or making it a pretence for not executing 
 the treaty. "These things," concludes Mr. Jefferson, 
 " being evident, I cannot but flatter myself, after the assu- 
 
 
JEFFERSON. 315 
 
 ranees received from you of his Britannic Majesty s desire to 
 remove every occasion of misunderstanding from between 
 us, that an end will now be put to the disquieting situation of 
 the two countries, by as complete execution of the treaty as 
 circumstances render practicable at this late day. That it is 
 to be done so late, has been the source of heavy losses of 
 blood and treasure to the United States. Still our desire of 
 friendly accommodation is, and has been constant. These 
 difficulties being removed from between the two nations, I 
 am persuaded the interests of both will be found in the strict 
 est friendship. The considerations which lead to it, are too 
 numerous and forcible to fail of their effect ; and that they 
 may be permitted to have their full effect, no one wishes 
 more sincerely than myself." To this letter no reply was 
 ever received ; and although the subject was from time to 
 time renewed, it seems to have been attended with no other 
 result, than confirming each party in its original impres 
 sions. The whole controversy was finally merged in the 
 more important differences which afterwards arose between 
 the two countries, and was incorporated at length in the 
 definitive negotiations which terminated in the treaty of 
 1794. 
 
 Nor was Great Britain the only country, with which the 
 United States were, about this time, involved in a contro 
 versy of much delicacy and importance. As early as the 
 revolutionary war, the Spanish government appears to have 
 contemplated, with considerable apprehension, the probable 
 future strength of the new republic, and to have strongly 
 desired to restrain it, within the most confined limits, towards 
 the south and west. After the conclusion of the war, at 
 tempts to form a treaty had been repeatedly made, but with 
 out any advance towards an agreement, on the point of differ- 
 
316 JEFFERSON. 
 
 ence between the two countries. These points were chiefly^ 
 the settlement of our boundaries, the exclusion of our citizens 
 from navigating the Mississippi below our southern limits, the 
 interference with the neighbouring Indian tribes, the restitu 
 tion of property carried away, the surrender of fugitives from 
 justice escaping within the territories of each other, and the 
 arrangement of the general principles of a commercial treaty. 
 About the close of the year 1791, however, Mr. Jefferson 
 reported to the president, that the Spanish government, ap 
 prised of our solicitude to have some arrangement made, 
 respecting the free navigation of the Mississippi, were ready 
 to enter into a treaty on the subject at Madrid. This, it 
 was true, referred merely to one of the matters then unset 
 tled, but it was of too much importance to be neglected; 
 and accordingly commissioners were appointed, without de 
 lay, to proceed to Spain, and their powers were extended 
 to include the other arrangements, which it was desired 
 should be made between the two countries. In the spring 
 of 1792, Mr. Jefferson drew up his observations on the seve 
 ral subjects of negotiation, to be communicated by way of 
 instruction to the two commissioners. As the negotiation 
 itself, was one of the most difficult, intricate, and vexatious 
 in which the government has ever been engaged, so are these 
 documents among the most important and valuable, that have 
 arisen out of our relations with foreign powers. In the first 
 place, the absurdity of a claim set up by Spain to possessions 
 within the state of Georgia, founded on her having rescued 
 them by force from the British during the war, is clearly 
 established ; and it is shown, that the boundary between the 
 possessions of the two countries, must rest as it had been 
 fixed by former treaties. The next and most important sub 
 ject, the navigation of the Mississippi, is treated more in de- 
 
JEFFERSON. 317 
 
 tail. Our right to use that river, from its source to where 
 our southern boundary touched it, was not denied ; it was 
 only from that point downward, that the exclusive navigation 
 was claimed by Spain. Our right to participate in it, how 
 ever, Mr. Jefferson contended, was established at once by 
 former treaties, and by the law of nature and nations. By 
 the treaty of 1763, the right of navigating the river in its 
 whole length and breadth, from its source to sea, was ex 
 pressly secured to all, at that time, the subjects of Great 
 Britain. By the treaty of 1782, this common right was 
 confirmed to the United States, by the only power who could 
 pretend to claim against them, founded on the state of war. 
 By the law of nature and nations, he remarks, if we appeal 
 to it as we feel it written on the heart of man, what senti 
 ment is written in deeper characters than that the ocean is 
 free to all men, and their rivers to all their inhabitants? Is 
 there a man, savage or civilized, unbiassed by habit, who 
 does not feel arid attest this truth? Accordingly, in all tracts 
 of country united under the same political society, we find 
 this natural right universally acknowledged and protected, 
 by laying the navigable rivers open to all their inhabitants. 
 When their rivers enter the limits of another society, if the 
 right of the upper inhabitants to descend the stream is in 
 any case obstructed, it is an act of force by a stronger society 
 against a weaker, condemned by the judgment of mankind. 
 If we appeal to the law of nature and nations, as expressed 
 by writers on the subject, it is agreed by them, that were the 
 river, where it passes between Florida and Louisiana, the 
 exclusive right of Spain, still an innocent passage along it is 
 a natural right in those inhabiting its borders above. It 
 would indeed be what those writers call an imperfect right, 
 because the modification of its exercise depends, in a con- 
 
3J8 JEFFERSON. 
 
 siderable degree, on the conveniency of the nation through 
 which they are to pass. But it is still a right as real as any 
 other right, however well defined; and were it to he refused, 
 or to be so shackled by regulations not necessary for the 
 peace or safety of its inhabitants, as to render its use im 
 practicable to us, it would then be an injury, of which we 
 should be entitled to demand redress. This right of naviga 
 tion, therefore, as well as that of mooring vessels to its shores, 
 of landing on them in case of distress, or for other necessary 
 purposes, is established and supported, at considerable length, 
 and with great learning and intelligence. 
 
 As the basis of a commercial treaty, Mr. Jefferson pro 
 posed to exchange, between the two countries, the rights of 
 native citizens, or the privileges mutually granted to the 
 most favoured nations. With respect to fugitives, he stated 
 it as his opinion, that by the law of nature, no nation has a 
 right to punish a person who has not offended itself; but that 
 murder was a crime so atrocious and imminently dangerous 
 to society, as to justify a denial of habitation, arrest, and de 
 livery; carefully restraining it, however, to homicide of 
 malice prepense, and not of the nature of treason. Treason, 
 he observed, when real, merits the highest punishment. 
 But most codes extend their definitions of treason to acts 
 not really against one s country. They do not distinguish 
 between acts against the government, and acts against the 
 oppressions of the government. The latter are virtues, yet 
 have furnished more victims to the executioner than the for 
 mer : because real treasons are rare, oppressions frequent. 
 The unsuccessful strugglers against tyranny, have been the 
 chief martyrs of treason laws in all countries. We should 
 not wish, therefore, to give up to the executioner the patriot 
 who fails and flees to us ; and treasons, on the whole, taking 
 
JEFFERSON. 319 
 
 the simulated with the real, are sufficiently punished by 
 exile. Crimes against property, and flights from debts, are 
 not of such a nature, as to authorize the delivery of the 
 offender: they may be punished in the tribunals of the nation 
 where he is found ; and these tribunals, it ought to be stipu 
 lated, shall be open to the claimant from a neighbouring 
 nation, in like manner as they are open to their own citizens. 
 On the remaining subject of controversy, the interfe 
 rence with the neighbouring Indians, such had been the 
 perverse conduct of the Spanish government, that it became 
 necessary to address them directly, in the most decided 
 terms. "We love and we value peace," observes Mr. 
 Jefferson ; " ws know its blessings from experience ; unmed- 
 dling with the affairs of other nations, we had hoped that our 
 distance and our dispositions, would have left us free, in the 
 example and indulgence of peace with all the world. We 
 had with sincere and particular dispositions, courted and 
 cultivated the friendship of Spain. Cherishing the same 
 sentiments, we have chosen to ascribe the unfriendly insinua 
 tions of the Spanish commissioners, in their intercourse with 
 the government of the United States, to the peculiar character 
 of the writers, and to remove the cause from them to their 
 sovereign, in whose justice and love of peace we have confi 
 dence. If we are disappointed in this appeal, if we are to be 
 forced into a contrary order of things, our mind is made up, 
 we shall meet it with firmness. The necessity of our posi 
 tion will supersede all appeal to calculation now, as it has 
 done heretofore. We confide in our own strength, without 
 boasting of it: we respect that of others, without fearing it. 
 If Spain chooses to consider our self-defence against savage 
 butchery as a cause of war to her, we must meet her also 
 in war, with regret but without fear; and we shall be hap- 
 
320 JEFFERSON. 
 
 pier, to the last moment, to repair with her to the tribunal of 
 peace and reason." 
 
 The importance of these various objects of negotiation, will 
 not be denied ; it appears to have been equally the interest 
 of each nation, that they should at least be placed on some 
 definite footing. The Spanish government, however, beheld 
 with dread any measure which would extend the limits of 
 the United States, or confirm to them privileges on the 
 frontier, to which their claim was even doubtful. All the 
 efforts of Mr. Jefferson were in vain ; the negotiation was 
 protracted by artificial delays, and it was not until some 
 years after, when embarrassed by an unsuccessful war, and 
 perhaps conscious of her own increasing weakness, and the 
 rising power of the republic, that Spain reluctantly con 
 sented to accede to a few of the propositions, which had been 
 so often and so zealously urged by the United States. It 
 finally remained, however, for the distinguished states 
 man who now presides over the republic, to complete, 
 in our own day, with honour and success, the task which 
 had been commenced so long before, by his illustrious pre 
 decessor. 
 
 In the spring of the year 1793, a negotiation was begun, 
 arising out of circumstances, more directly affecting the 
 present and future situation, and involving the political rights 
 of the United States, than any that had occurred since the 
 formation of the constitution. It was the question of her 
 neutral policy and rights. Early in April, the declaration 
 of war made by France against Great Britain and Holland, 
 reached America. Scarcely was this event known, before in 
 dications were given in some of the seaports, of a disposition to 
 engage in the unlawful business of privateering on the com 
 merce of the belligerent powers. The subject was too interest- 
 
JEFFERSON. 
 
 ing and important, to be treated either with precipitation or 
 neglect; and, on the nineteenth of April, the heads of depart 
 ment and the attorney general met at the president s house, to 
 consult with him on the measures which the occasion demanded. 
 Every feeling of sympathy, generosity, and gratitude was 
 enlisted in the cause of France; she was holdly struggling 
 against the leagued nations of Europe, for the preservation 
 of her natural and domestic rights, from foreign aggression ; 
 she was endeavouring to ohtain, for her own oppressed peo 
 ple, those liberties, laws, and institutions, which she had 
 generously aided us in maintaining ; and if, in the excess of 
 popular frenzy, or under the instigation of ambitious and 
 unprincipled leaders, the bounds of propriety, or of moral 
 right, were sometimes past, it was to be attributed to long 
 ages of ignorance and oppression, to the unrestrained exult 
 ation of a new and almost unexpected freedom, not held up 
 as the justification of foreign invasion, or the excuse for illi 
 beral conduct and violated treaties. Such feelings were alike 
 honourable and correct ; they were the general and sponta 
 neous feelings of the American people. Yet it was the 
 anxious desire of the administration, that even while this 
 feeling was indulged, nothing should be done to destroy that 
 relation to foreign powers, which was deemed most beneficial 
 to our interests and happiness ; that policy which has since 
 been so emphatically confirmed, of preserving peace, com 
 merce, and friendship with all nations, and forming en 
 tangling alliances with none. The president, therefore, sub 
 mitted to his council a proclamation, forbidding the citizens 
 of the United States to take part in any hostilities on the 
 seas with, or against, any of the belligerent powers ; warn 
 ing them against carrying to any of those powers, articles 
 deemed contraband according to the modern usages of nations, 
 VOL. IV. S 
 
322 JEFFERSON. 
 
 and enjoining them from all acts inconsistent with the duties 
 of a friendly nation towards those at war. The adoption of 
 this proclamation was unanimously advised, and it was ac 
 cordingly issued on the twenty-second of April. 
 
 The next point submitted by the president, was the pro 
 priety of receiving a minister from the French republic ; this 
 he was advised to do with equal unanimity. But it was at 
 the same time suggested, by some members of the adminis 
 tration, that from the turbulence and fury which had marked 
 the late proceedings in France, from their doubts whether 
 the present possessors had not obtained it by unjustifiable 
 violence, and from the danger they apprehended to the 
 United States, from too close a connexion with the new re 
 public, it was expedient, while we gave its minister an un 
 qualified reception, candidly to apprise him, that we should 
 reserve for future discussion, the question, whether the opera 
 tion of our treaties, ought not to be deemed temporarily or pro 
 visionally suspended. This extraordinary doctrine, not less 
 needless than illiberal, was decidedly opposed by Mr. Jeffer 
 son, who at once expressed his opinion, that no cause existed 
 for departing in the present instance from the usual mode of 
 acting on such occasions. The revolution in France, he con 
 ceived, had produced no change in the relations between the 
 two nations ; the obligations created by pre-existing treaties 
 remained the same ; and there was nothing in the alteration 
 of government, or in the character of the war, which could 
 impair the right of France to demand, or weaken the duty 
 of the United States faithfully to comply with the engage 
 ments which had been solemnly formed. In this opinion the 
 president concurred ; and determined to receive the minister 
 of the republic, without qualifying that act by any explana 
 tions. 
 
JEFFERSON. 333 
 
 The principles thus established, were called into immedi 
 ate operation. The citizen Genet, a gentleman of consider 
 able talents, but of a te/nper naturally ardent, and particu 
 larly excited by the passions and politics of the day, arrived 
 just at this time in Charleston, as minister from France. He 
 was welcomed by the people with unbounded, and not unna 
 tural enthusiasm, as the first representative of a new republic, 
 and the ambassador of an old and generous ally. From the 
 publications of that period, his progress through the country 
 seems rather to have been a triumphal procession, than the 
 journey of an unknown stranger, and in the failure of his 
 subsequent measures, he could look only to their impropriety 
 and his own intemperance or imprudence. Either distrust 
 ing the concurrence of the American government, or too ar 
 dent to wait for it, in a few days after his landing in 
 Charleston, he undertook to authorize the fitting and arming 
 of vessels in that port, enlisting men, and giving commissions 
 to cruise and commit hostilities on nations, with which the 
 United States were at peace. These proceedings of course 
 produced immediate complaints, and before the arrival of the 
 ambassador at the seat of government, before he was accre 
 dited as a minister, a long catalogue of grievances committed 
 by him, had been made to the president. Mr. Jefferson im 
 mediately addressed a letter to Mr. Ternan, the French 
 minister, residing at Philadelphia. In it he candidly stated 
 the determination of the government, and expressed his sur 
 prise at the assumption of jurisdiction by an officer of a 
 foreign power, in cases which had not been permitted by the 
 nation, within whose limits it had been exercised. 
 
 Mr. Genet arrived in Philadelphia on the following day, 
 and from that period a correspondence commenced, which 
 was continued without interruption as long as Mr. Jefferson 
 
324 JEFFERSON 
 
 occupied the department of state. The letters of Mr. Jeffer 
 son take up, in succession, the different assertions which were 
 made, and views which were entertained by the French mi 
 nistry, answering and refuting them, always with success, and 
 frequently with singular happiness and ingenuity. The lan 
 guage and conduct he had used in his intercourse with the 
 American government, and the unwarrantable expressions in 
 which he had indulged, when speaking of the illustrious man 
 at its head, were treated with the indignation and contempt 
 they merited. The spirit of friendship for the nation was 
 carefully preserved, while the unauthorized aggressions of 
 its agent were resisted, and his insinuations repelled and 
 denied. This correspondence, indeed, forms one of the most 
 important features in the history of the United States, as it is 
 the foundation of a policy, which it has been the invariable 
 aim of the government, since that period, to follow ; and it 
 contains nearly all the important principles, in the conduct 
 of a neutral nation, which have since been more fully deve 
 loped and supported. 
 
 Mr. Jefferson s participation in the government was now 
 drawing to a close. As his last important official act, in 
 pursuance of a resolution passed some time before, he pre 
 sented to congress, on the sixteenth of December, 1793, a 
 report on the nature and extent of the privileges and restric 
 tions of the commercial intercourse of the United States 
 "with foreign nations, and the measures which he thought 
 proper to be adopted for the improvement of their commerce 
 and navigation. 
 
 In this report, which has been ever considered as one of 
 great importance, he enumerates in the first place, the articles 
 of export, with their value to the several nations with whom 
 we have carried on a commercial intercourse. He then pro- 
 
JEFFERSON. 325 
 
 ceeds to point out minutely, the various restrictions which 
 they have placed on that intercourse, and calls the attention 
 of congress to the hest modes of removing, modifying, or 
 counteracting them. These he states to he twofold : first, hy 
 friendly arrangements with the several nations with whom 
 these restrictions exist: or, secondly, hy separate legislative 
 acts for countervailing their effects. 
 
 He gave a decided preference to friendly arrangements. 
 Instead of embarrassing commerce under piles of regulating 
 laws, duties, and prohibitions, he thought it was desirable 
 that it should be relieved from all its shackles in all parts of 
 the w T orld. If even a single nation would unite with the 
 United States in this system of free commerce, he deemed it 
 advisable to begin it with that nation ; while, with regard to 
 such as supposed, contrary to the wishes of America, that it 
 was more advantageous to continue a system of prohibitions, 
 duties, and regulations, it would behove the United States to 
 protect their citizens, their commerce, and navigation, by 
 counter prohibitions, duties, and regulations also. These 
 views are then pursued at considerable length, the protection 
 of our navigation strenuously recommended, the principles of 
 national reciprocity pointed out and enforced, and the neces 
 sity, or at least the propriety advocated, should these prin 
 ciples be neglected, of establishing regulations and prohibi 
 tions coextensive with those experienced by the United States, 
 but finally indulging the hope that friendly arrangements may 
 be made, equally beneficial to all commercial nations. 
 
 This report gave rise to one of the longest and most inte 
 resting discussions, which has ever agitated the national 
 legislature. It was the foundation of a series of resolutions, 
 proposed by Mr. Madison, sanctioning the views it embraced. 
 These resolutions became the subject of ardent debate; in 
 
326 JEFFERSON. 
 
 their consideration, many extrinsic questions of general poli 
 tics were introduced ; and the past and future policy of the 
 country, the course to he adopted amid the conflicts of 
 Europe, the aggressions on our commerce, the means and 
 the necessity of retaliation, were all warmly discussed. It 
 was ascertained that there was a majority in favour of their 
 passage, hut from reasons which were not fully explained, a 
 determination upon them was never pressed. It appears, 
 indeed, most likely, that their advocates found the majority 
 evidently decreasing, under the influence of considerations 
 made to hear against them ; particularly the alarm of war, as 
 likely to he the result of their adoption. A final rejection, there 
 fore, heing feared, it was, probahly, thought best not to push 
 them at that issue, which might strengthen the idea abroad, 
 that no countervailing policy was to be apprehended, and 
 weaken, at the same time, the republican party at home. 
 
 As this measure was the last official act of Mr. Jefferson, 
 so it may be considered as that, which finally arrayed the 
 statesmen of the nation under the banners of two great po 
 litical parties, which have since existed, and placed him at 
 the head of those, who, as advocates of the system he pro 
 posed, were for some years in a minority of the legislature. 
 Connected with his previous acts, it also subjected him not 
 only to personal reproach, but to many charges, as an unwise 
 politician, whose plans were calculated to injure the com 
 merce of his country, and involve it in a foreign war. To 
 this, however, it might be properly replied, that it was but 
 the continuation of a system adopted immediately after the 
 close of the revolutionary war, and to enforce which, had 
 been the prominent object of the convention that terminated 
 in the formation of the federal constitution; that our own 
 maritime rights and commercial prosperity could be main- 
 
JEFFEKSON. 327 
 
 rained only by a proper discrimination in our intercourse 
 with foreign nations; and, that it was directed solely against 
 those countries who refused to enter into treaties with us, 
 and who, of course, could have no colour of complaint, 
 after such refusal. In the measure itself, therefore, there 
 was nothing opposed to the well settled policy of the United 
 States, and still less, any thing which could afford even a 
 plausible pretext for war. It was, indeed, notorious, that 
 they who were in favour of it, could not be suspected of 
 maintaining political principles less opposed to war than 
 their opponents ; they were of the party which professed to 
 adhere with most scruple, to the peculiar characteristics of a 
 republican government, in defining the language, and settling 
 the extent of the constitution, in adjusting public ceremonials, 
 and in marking out the course of the administration ; and 
 they had always resisted with the greatest zeal, every thing 
 which tended to confer discretionary power in the executive 
 departments, or to increase the public debts and taxes. To 
 war, therefore, which was the readiest way to produce all 
 these evils, they must have been averse ; and it was by means 
 of the system they proposed, a system which aimed at the 
 assertion and preservation of our rights by peaceful opera 
 tions against the commerce and resources of those who un 
 justly infringed them, that they hoped to attain objects, which, 
 however valuable, would have been dearly purchased at the 
 risk of war. 
 
 It is not, however, our intention, as we have already 
 avowed, to involve the reader in the party discussions of 
 those times ; yet to him who is desirous of obtaining a clear 
 and more extended view of the principles on which Mr. Jef 
 ferson and his friends acted, in bringing forward the system 
 to which we have alluded, we cannot avoid mentioning the 
 
328 JEFFERSON. 
 
 "Political Observations" published at the time, and attri 
 buted to the pen of him who offered the resolutions in congress. 
 They exhibit briefly, but with uncommon candour, clearness, 
 and energy, the causes and principles on which they were 
 founded, and the ends they had in view r ; and at the same 
 time they present an able sketch of the immediate objects, 
 with which the first idea of a federative government was 
 adopted ; the course pursued in its early administration ; 
 and the reasons that induced a large party to dissent from 
 the measures of the existing government, stripped of the 
 imputations, assigned by heat or malevolence at the time. 
 
 On the thirty-first of December, 1793, Mr. Jefferson re 
 signed the office of secretary of state, and retired once more 
 to private life. The sketch we have given of the duties he 
 performed while he held it, will show with what advantage 
 to his country he had assisted in the administration of its 
 government ; the firmness and dignity with wiiich he had 
 supported its rights, and vindicated its character towards 
 foreign nations ; and his zeal and industry in promoting its 
 domestic interests. But the times had now become full of 
 danger and uncertainty; at home the government, new alike 
 in its principles and conduct, was assailed by unexpected and 
 extraordinary difficulties, before its own organization was 
 perfected, or it had received the benefit of experience ; and 
 abroad, an eventful struggle had arisen, which w r as overthrow, 
 ing the strong holds of religious and political error, but un 
 happily carrying with them much that humanity lamented, 
 and wisdom would have saved. At such a time, a wide scope 
 for opinion was opened, in which the best and wisest might 
 essentially differ, and Mr. Jefferson, as the reader will have 
 already perceived, found himself a member of an ad minis- 
 
JEFFERSON. 329 
 
 tration, where views different from his own appeared to pre 
 dominate, while those which he entertained seemed to be 
 approved of by a large proportion of his countrymen. In 
 the diversity of sentiment which thus occurred, he viewed 
 with dread every measure that he thought calculated to lessen 
 the influence of the people at home ; he looked, too, with ex 
 ultation on the rising liberties of a nation, which had so re 
 cently assisted our struggles for freedom, and was now so 
 deeply engaged in maintaining its own ; and with avowed 
 distrust on too close an alliance with a country, from which 
 we had so lately separated ourselves, These feelings were 
 perhaps to a considerable extent those of the people of the 
 United States generally, but in the mode of acting upon them, 
 there existed a great difference of sentiment among the poli 
 tical leaders. 
 
 At the present day, when the heat of prejudice and party 
 has subsided, no one will attribute to those who thus differed 
 from Mr. Jefferson, views which were intentionally inimical 
 to the interests or prosperity of their country ; but without 
 so doing, it may be asserted that there w r ere so many points 
 of foreign and domestic policy, in which the opinion of his 
 colleagues varied from his own, that retirement was the only 
 course left for a statesman, who felt the value of his own 
 principles, and wished to act with firmness and generosity. 
 He carried with him into his seclusion, not only the kind 
 feelings of the great man who had selected him for the post 
 he had filled, but the warm attachment of a large proportion 
 of his fellow citizens. 
 
 From this period, Mr. Jefferson devoted himself to the 
 
 education of his family, the cultivation of his estate, and the 
 
 pursuit of his philosophical studies, which he had so long 
 
 abandoned, but to which he now returned, with new ardour. 
 
 VOL. IV. T t 
 
330 JEFFERSON. 
 
 Amid such employments there is little which a biographer 
 can find to notice ; yet perhaps it will not he considered 
 superfluous, to introduce the remarks which were made hy a 
 well known French traveller, who visited him at Monticello, 
 about tbis time. "His conversation," says the Duke de 
 Liancourt, " is of the most agreeable kind, and he possesses 
 a stock of information not inferior to that of any other man. 
 In Europe he would hold a distinguished rank among men of 
 letters, and as such he has already appeared there. At pre 
 sent he is employed with activity and perseverance in the 
 management of his farms and buildings, arid he orders, 
 directs, and pursues, in the minutest detail, every branch of 
 business relating to them. The author of this sketch found 
 him in the midst of harvest, from which the scorching heat 
 of the sun does not prevent his attendance. His negroes are 
 nourished, clothed, and treated as well as white servants 
 could be. As he cannot expect any assistance from the two 
 small neighbouring towns, every article is made on his farm: 
 his negroes are cabinet makers, carpenters, masons, brick 
 layers, &c. The children he employs in a nail manufactory, 
 which yields already a considerable profit. The young and 
 old negresses spin for the clothing of the rest. He animates 
 them by rewards and distinctions ; in fine, Ids superior mind 
 directs the management of his domestic concerns with the 
 same abilities, activity, and regularity, which he evinced in 
 the conduct of public affairs, and which he is calculated to 
 display in every situation of life." 
 
 The only incident relative to him, during this period, 
 which we find recorded in the public documents of the day, 
 was his unanimous election, as president of the American 
 Philosophical Society, the oldest and most distinguished 
 institution of the kind in the United States. The chair had 
 
JEFFERSON. 331 
 
 first been filled by the illustrious Franklin, the great and 
 good patron of every thing, \vhich tended to promote the 
 learning, science, or happiness of his country; and by Ritten- 
 house, the most distinguished astronomer of the age. To be 
 selected to succeed such men, on the very theatre of their 
 reputation, and on principles which could not be influenced 
 by the political feelings of the times, was an honour that 
 no one could, or did, better appreciate than Mr. Jefferson. 
 He was no inactive member; during the long period that he 
 presided over the society, he promoted its views with the 
 utmost zeal, occasionally contributed to its publications, and 
 extended to it all the advantages which his public rank and 
 private connexions, enabled him to afford. 
 
 The situation of the country did not, however, permit Mr. 
 Jefferson long to enjoy the pleasures of a private life. Gene 
 ral Washington had for some time contemplated a retirement 
 from office, and in his farewell address to the people of the 
 United States, he had, in the month of September, 1796, de 
 clined being considered any longer a candidate for it. The 
 person in whom alone the voice of the whole nation could be 
 united, having thus withdrawn, the two great parties respec 
 tively brought forward their chiefs. Mr. Jefferson was sup 
 ported by the one, Mr. Adams by the other. In February, 
 1797, the votes for the first and second magistrates of the 
 union w r ere opened and counted in the presence of both houses ; 
 and the highest number appearing in favour of Mr. Adams, 
 and the second in favour of Mr. Jefferson, the first was de 
 clared to be the president, and the second the vice president 
 of the United States, for four years, to commence on ^the 
 fourth day of the ensuing March. On that day, Mr. Jeffer 
 son also took the chair as president of the senate, and de 
 livered to that body a short address, in which he expressed 
 
332 JEFFERSON. 
 
 his firm attachment to the laws and constitution of his coun 
 try, and his anxious wish to fulfil, with correctness and 
 satisfaction, the duties of the office to which he had been 
 chosen. 
 
 During the four succeeding years, much of Mr. Jefferson s 
 time was passed tranquilly at Monticello. From the nature 
 of our constitution, there is little which can call the vice pre 
 sident into the prominent political duties of the government, 
 unless he is required to fill the station of the chief magistrate. 
 It is not, therefore, a matter of surprise, that during this 
 period, we find hut little notice of him among the public re 
 cords of the day. 
 
 As, however, the time approached for a new election of a 
 president, the republican party again selected Mr. Jefferson, 
 as their candidate for the office, and with more success than 
 on the preceding occasion. Yet an accident, arising from 
 inattention to the constitution, went near to defeat the ac 
 knowledged wishes and intentions of the people, and to place 
 in the executive chair, an individual to whom it was notorious 
 no vote had been given for that station. The democratic 
 party had elected Mr. Jefferson as president, and Mr. Burr 
 as vice president of the United States, by an equal number 
 of votes ; but, as the constitution required no specification of 
 the respective office to which each was elected, they came 
 before congress, neither having the majority required by law. 
 Under these circumstances, the election devolved on the house 
 of representatives, and the opponents of Mr. Jefferson, taking 
 advantage of the occurrence, threw their votes into the scale 
 of Mr. Burr. In the heat and violence of party, much may 
 be excused, which calls down our severest animadversions in 
 times of less excitement. Week after week, was the nation 
 kept in suspense, while a contest was fiercely maintained, 
 
JEFFERSON. 333 
 
 by which it was attempted to raise to the highest office of the 
 nation, a man who had not received a solitary vote from the 
 people, in opposition to one, who for thirty years had been a 
 distinguished member of their councils, who had held the 
 highest offices of the government, who was fitted for the sta 
 tion alike by his experience, his services, and his virtues, and 
 who, above all, was notoriously the choice of a majority of 
 the nation. At length, after thirty-five ineffectual ballots, 
 one of the representatives of the state of Maryland, made 
 public the contents of a letter to himself, written by Mr. 
 Burr, in which he declined all pretensions to the presidency; 
 and authorized him to disclaim, in his name, any competition 
 with Mr. Jefferson. On this specific declaration, on the part 
 of Mr. Burr, two federal members, who represented the states 
 which had heretofore voted blank, withdrew, and permitted 
 the republican members from those states to become a ma 
 jority ; and, instead of putting a blank into the box, to vote 
 positively for Mr. Jefferson. Consequently, on the thirty- 
 sixth balloting, Mr. Jefferson was elected president. Colonel 
 Burr became, of course, vice president. 
 
 On the fourth of March, 1801, Mr. Jefferson took the oath 
 of office in the presence of both houses of congress, and de 
 livered his inaugural address. He expressed in this, his sin 
 cere diffidence in his powers, properly to fulfil the task which 
 his countrymen had assigned him; seeing, as he did, the 
 honour, the happiness, and the hopes of his beloved country, 
 committed to the issue and auspices of that day ; and fully 
 conscious of the magnitude of the undertaking, he indulged 
 the hope, that as the contest of opinion had now been settled, 
 by the rules of the constitution, all parties would unite, in 
 common efforts for the common good; that harmony and 
 affection, without which, liberty and even life itself are but 
 
334 JEFFERSON. 
 
 dreary things, might be restored to social intercourse ; and 
 that though called by different names, as all were in truth 
 brethren of the same principle, the invidious distinctions of 
 party might cease. He exhorted them, with courage and 
 confidence, to pursue the principles of government they had 
 adopted ; a government which would restrain men from in 
 juring one another, but leave them otherwise free to regulate 
 their own pursuits of industry and improvement, and not 
 take from the mouth of labour the bread it had earned. This, 
 he said, was the sum of good government: and this necessary 
 to close the circle of our felicities. 
 
 About to enter on the exercise of duties which compre 
 hended every thing dear and valuable to his countrymen, he 
 deemed it his duty, to state distinctly what he believed to be 
 the essential principles by which his administration would be 
 governed. Equal and exact justice to all men, of whatever 
 state or persuasion, religious or political : peace, commerce, 
 and honest friendship with all nations, entangling alliances 
 with none: the support of the state governments in all their 
 rights, as the most competent administration for our domestic 
 concerns, and the surest bulwarks against anti-republican 
 tendencies: the preservation of the general government in 
 its whole constitutional vigour, as the sheet anchor of our 
 peace at home, and safety abroad: a jealous care of the 
 right of election by the people, a mild and safe corrective of 
 abuses which are lopped by the sword of revolution where 
 peaceable remedies are unprovided: absolute acquiescence 
 in the decisions of the majority, the vital principle of repub 
 lics, from which is no appeal but to force, the vital principle 
 and immediate parent of despotism: a well disciplined mi 
 litia, our best reliance in peace, and for the first moments of 
 war, till regulars may relieve them : the supremacy of the 
 
JEFFERSON. 335 
 
 civil over the military authority: economy in the public 
 expense, that labour may be lightly burdened : the honest 
 payment of our debts and sacred preservation of the public 
 faith: encouragement of agriculture, and of commerce as 
 its handmaid : the diffusion of information, and arraignment 
 of all abuses at the bar of the public reason : freedom of re 
 ligion ; freedom of the press ; and freedom of person, under 
 the protection of the habeas corpus : and trials by juries 
 impartially selected. "These principles form the bright 
 constellation, which has gone before us, and guided our steps 
 through an age of revolution and reformation. To the attain 
 ment of them, 5 he concludes, " have been devoted the wisdom 
 of our sages and the blood of our heroes they should be the 
 creed of our political faith, the text of civic instruction, the 
 touchstone by which to try the services of those we trust ; 
 and should we wander from them in moments of error or of 
 alarm, let us hasten to retrace our steps, and to regain the 
 road which alone leads to peace, liberty, and safety." 
 
 It would not be consistent either with the character or 
 length of this memoir, to enter into the details of the public 
 measures of Mr. Jefferson while he occupied the presidential 
 chair. His administration embraces a long and interesting 
 period in the history of our country, distinguished by im 
 portant measures, whose consequences have been felt in later 
 periods, and which have led to results affecting, in no incon 
 siderable degree, the honour and prosperity of the nation. 
 These are subjects which demand the research and delibera 
 tion of an acute historian ; the present article aims to be no 
 thing more than a cursory, though faithful biography. 
 
 In December, 1801, Mr. Jefferson sent his first message to 
 both houses of the legislature. It had been the custom thus 
 far, since the formation of the government, for the president to 
 
336 JEFFERSON. 
 
 deliver in person this communication to congress, and for 
 that body to reply at once in a formal address. In the change 
 now made by Mr. Jefferson, he appears to have had in view, 
 at once, the convenience of the legislature, the economy of 
 their time, their relief from the embarrassment of immediate 
 answers on subjects not yet fully before them, and the benefits 
 thence resulting to the public affairs. In these respects, its 
 advantages have been so apparent, that it has been invariably 
 adopted on every subsequent occasion. 
 
 In addition to these causes, there can be little doubt, 
 however, that this was one of the modes adopted by Mr. 
 Jefferson, to give a more popular feature to the administra 
 tion. No one had had a better opportunity of perceiving the 
 influence of forms, even trifling ones, in the affairs of govern 
 ment, or had entered more fully into the spirit of the age, for 
 abolishing such as were useless. Indeed, in this respect, a 
 wonderful revolution had taken place in the minds of all 
 men, even in the short space that had occurred since the first 
 organization of our government. At that time, from the 
 force of ancient habits, it was scarcely possible to contem 
 plate the administration of power, without those forms which 
 were thought necessary to obtain for it a useful respect $ and 
 the first great chief of our country, had adopted such as 
 united, according to the conceptions of his elevated mind, 
 the dignity of power with republican simplicity. Many, 
 however, can recollect with what rapidity, the whole train 
 of ceremony and fashion in dress and manners was swept 
 away ; so that it was scarcely more than in accordance with 
 the general feeling of the times, that Mr. Jefferson introduced 
 this and other changes, which properly abolished all forms, 
 beyond those of elevated private life, and that personal re 
 spect which will always be bestowed upon the man, whom 
 
JEFFERSON. 337 
 
 the choice of his country has pronounced, the first of its 
 citizens. 
 
 In his message, Mr. Jefferson states, that the restoration 
 of peace in Europe, had restored the friendly feelings of 
 foreign nations, while it prevented any longer their violations 
 of neutral rights. That our intercourse with the savage 
 tribes on our own frontiers, was marked by a spirit of peace 
 and friendship, advantageous and honourable at once to them 
 and us. That with the African states, our affairs were in a 
 situation less satisfactory, and such as demanded seriously 
 the consideration, whether measures of offence should not he 
 authorized. That at home our population was increasing in 
 a very great ratio, our revenue so flourishing as to enable 
 us to dispense with all internal taxation, the expenditures of 
 the civil government reduced, a large portion of the public 
 debt faithfully paid, and our agriculture, manufactures, com 
 merce, and navigation, the four pillars of our prosperity, 
 rapidly thriving. He recommends to their particular con 
 sideration, the disposal of the surplus in the military esta 
 blishment, the general militia system, the increase of the 
 navy, the expediency of erecting more fortifications of an 
 expensive character, the judiciary system that had been lately 
 established, and the extension of the laws relative to natu 
 ralization. 
 
 During the succeeding four years, the external policy of 
 the country was pursued, so as to increase its prosperity and 
 to secure its rights. The aggressions of the Tripolitans 
 were gallantly and promptly chastized, and the attempts 
 made by the agents of the Spanish government, to violate 
 their treaties and deprive our citizens of the rights guaran 
 teed to them, of navigating the Mississippi, were immediately 
 noticed and repelled. The privileges, indeed, which had been 
 VOL. IV U u 
 
338 JEFFERSON. 
 
 secured to the inhabitants of the western country, were of 
 vital importance to its prosperity ; yet they had ever been 
 the subject of jealousy and invasion. We have already seen, 
 that during Mr. Jefferson s administration of the department 
 of state, this was an object that engaged much of his atten 
 tion. That attention he now renewed, and after considerable 
 negotiation, it terminated in the purchase of Louisiana, one 
 of the most important acquisitions ever made by the people 
 of the United States. " Whilst the property and sovereignty 
 of the Mississippi and its waters," to use Mr. Jefferson s own 
 language, "secured an independent outlet for the produce of 
 the western states, and an uncontrolled navigation through 
 their whole course, free from collision with other powers, 
 and the dangers to our peace from that source, the fertility 
 of the country, its climate and extent, promise in due season 
 important aids to our treasury, an ample provision for our 
 posterity, and a wide spread for the blessings of freedom and 
 equal laws." On the twentieth December, 1803, the terri 
 tory was formally surrendered to the United States by the 
 commissioner of France. 
 
 During the same interval, the internal policy of the Unit 
 ed States, underwent several important changes, all calculat 
 ed to develop the admirable and peculiar nature of our institu 
 tions, and to support and preserve the principles on which 
 they are founded. Measures were adopted for the speedy 
 discharge of the public debt, thus early establishing among all 
 nations, the credit and integrity of the new government. The 
 judicial system, founded by those who formed the constitution, 
 had been hastily departed from during the preceding admi 
 nistration ; it was now restored on its original plan, which 
 was deemed more consonant to our institutions, and is still 
 retained as the best, after all the change of circumstances and 
 
JEFFERSON. 339 
 
 parties. A salutary reduction was introduced into the habi 
 tual expenditures of the government, by curtailing the 
 charges that arose from our diplomatic intercourse with 
 foreign nations, and unnecessary agencies at home. Offices 
 created by the executive, and tending to increase its influence, 
 were voluntarily suppressed. And the president presented 
 the unusual, but noble spectacle of a chief magistrate relin 
 quishing power and patronage, where he could do so, and 
 where he could not, seeking the aid of the legislature for the 
 same honourable purpose. " Should you think it expedient," 
 he says, in a message to them, "to pass in review the roll of 
 public offices, and to try all its parts by the test of public 
 utility, you may be assured of every aid and light which 
 executive information can yield. Considering the general 
 tendency to multiply offices and dependencies, and to in 
 crease expense to the ultimate term of burthen which the 
 citizen can bear, it behoves us to avail ourselves of every 
 occasion which presents itself for taking off the surcharge ; 
 that it never may be seen here, that after leaving to labour 
 the smallest portion of its earnings, on which it can subsist, 
 government shall itself consume the residue of what it was 
 instituted to guard. In our care, too, of the public contribu 
 tions intrusted to our direction, it would be prudent to mul 
 tiply barriers against their dissipation, by appropriating 
 specific sums to every specific purpose susceptible of defini 
 tion ; by disallowing all applications of money varying from 
 the appropriation in object, or transcending it in amount; by 
 reducing the undefined field of contingencies, and thereby cir 
 cumscribing discretionary powers over money ; and by 
 bringing back to a single department, all accountabilities 
 for money, where the examination may be prompt, effica 
 cious, and uniform." 
 
340 JEFFERSON 
 
 Nor was it only by political measures that the internal 
 prosperity of the country was consulted and promoted. It is 
 a charming feature in the life of Mr. Jefferson, that, amid all 
 the occupations and absorbing interest of his political career, 
 lie never forgot, or neglected the cause of philanthropy and 
 science. Like lord Bacon, his ambition prompted him to 
 aim at the loftiest honours which his country could bestow, 
 but yet the attachment which he had early formed to pursuits, 
 less splendid if not less useful, seems to have lingered around 
 his mind, during the busiest moments of public occupation, 
 and to have been renewed, with fresh delight, in the leisure 
 of private life. The purchase of Louisiana, afforded an op 
 portunity for accomplishing a plan he had long formed, for a 
 minute and scientific examination of the immense territory 
 of the west, which spreads from the Mississippi to the Paci 
 fic. This measure he proposed to congress ; and on its re 
 ceiving their sanction, he appointed for the purpose, captain 
 Lewis and lieutenant Clarke, two intelligent officers in the 
 army of the United States. He drew up for them himself, a 
 set of instructions pointing out to their attention, the various 
 objects towards which their investigations would be most ad 
 vantageously directed ; the geography, the natural history, 
 the climate, the resources, and the peculiarities of the region 
 through which they were to pass ; the numbers and situation 
 of the various Indian tribes ; the establishment of commer 
 cial and friendly relations with them ; and the best means for 
 accomplishing the objects of the expedition. It was attend 
 ed with all the success that could be desired. The party 
 embarked at St. Louis, in May, 1804; ascended the Missouri 
 three thousand miles to the falls ; thence crossed the Rocky 
 Mountains, covered witli perpetual snow, and after descending 
 for four hundred miles by various streams, they reached the 
 
JEFFERSON. 341 
 
 navigable waters of Columbia river; tbe course of this 
 they followed for six hundred and forty miles, until they ar 
 rived at the Pacific Ocean. They reached St. Louis, on their 
 return, in September, 1806, after an absence, from all civi 
 lization, of more than twenty-seven months. The journey 
 from St. Louis, was above four thousand miles ; in return 
 ing, thirty-five hundred ; making, in the whole, seven thou 
 sand five hundred miles. The mass of information collected 
 in the expedition, was valuable and extensive; it was equally 
 advantageous to the scientific and political institutions of the 
 country; and it led the way for similar expeditions, each of 
 which has proved the skill with which it was arranged, and 
 the benefits that have arisen from it. 
 
 So much were the measures adopted by Mr. Jefferson, 
 during the four years for which he had been chosen, ap 
 proved by his country, that, as the period approached for 
 a new election, his popularity increased more and more, and 
 he was elevated to the presidency a second time, by a ma 
 jority which had risen from eight votes to one hundred and 
 forty-eight. During the course indeed of his administration, 
 the press, in its full licentiousness, had been directed against 
 him, and, as he observed himself, the experiment had been 
 fully made, whether freedom of discussion, unaided by power, 
 was not sufficient for the propagation and protection of truth. 
 It had been fairly proved, he said, that a government con 
 ducting itself in the true spirit of its constitution, with zeal 
 and purity, and doing no act which it would be unwilling 
 the world should witness, could not be written down by false 
 hood and defamation ; but that the people, aware of the latent 
 source from which these outrages proceeded, would gather 
 around their public functionaries, and when the constitution 
 called them to the decision by suffrage, they would pronounce 
 
342 JEFFERSON, 
 
 their verdict, honourable to those who had served them, and 
 consolatory to the friend of man, who believes he may be 
 intrusted with his own affairs. 
 
 He entered a second time on the duties of his lofty station, 
 deeply feeling the proof of confidence which his fellow citizens 
 had given him. He asserted his determination to act up to 
 those principles, on which he believed it his duty to adminis 
 ter the affairs of the commonwealth, and which had been 
 already sanctioned by the unequivocal approbation of his 
 country. "I do not fear," he said, in concluding his inaugural 
 address, " I do not fear that any motives of interest may 
 lead me astray ; I am sensible of no passion which could 
 seduce me knowingly from the path of justice; but the weak 
 nesses of human nature and the limits of my own understand 
 ing will produce errors of judgment sometimes injurious to 
 your interests; I shall need, therefore, all the indulgence I 
 have heretofore experienced the want of it will certainly 
 not lessen with increasing years. I shall need too the favour 
 of that Being in whose hands we are, who led our forefathers, 
 as Israel of old, from their native land, and planted them in 
 a country flowing with all the necessaries and comforts of 
 life; who has covered our infancy with his providence, and 
 our riper years with his wisdom and power." 
 
 Mr. Jefferson had scarcely entered on his office, before his 
 attention was called to an event obviously calculated to de 
 stroy the domestic tranquillity of the country, if not the 
 constitution and union itself. This was no other than what 
 has been termed the conspiracy of colonel Burr. We have 
 already mentioned the unforeseen accident, which had nearly 
 elevated this gentleman to the presidency. Since that time 
 he had aimed at the office of governor of the state of New 
 York, without success, and at a recent election, had been 
 
JEFFERSON. 343 
 
 succeeded by Mr. Clinton, as vice president of the United 
 States. Of an ardent and ambitious spirit, these disappoint 
 ments seem to have urged him to some desperate enterprise, 
 not consonant to his general duties as a citizen, if not ex 
 pressly contrary to the laws of his country. Assuming the 
 unfriendly measures of the Spanish government, on the 
 south western frontier, as the cause or pretext of his con 
 duct ; and holding out to the young and aspiring, the allur 
 ing idea of establishing in its provinces a new republic ; he 
 succeeded in drawing many of his countrymen into his 
 schemes. That his real views, however, extended beyond 
 this, has been generally presumed, though what they pre 
 cisely were, has never been known. Many believed that the 
 enterprise, which, it was ascertained, was to originate in the 
 western country, had for its object the separation of the states 
 beyond the Alleghany Mountains, from their political con 
 nexion with those on the Atlantic border; and by uniting 
 them with the territories on the western bank of the Missis 
 sippi, the formation of a distinct and independent empire. 
 Whatever may have been the ultimate object of his plans, as 
 soon as Mr. Jefferson received information that a number of 
 private individuals were combining together, arming and 
 organizing themselves contrary to law, with the avowed object 
 of carrying on some military expedition against the territories 
 of Spain ; he took measures without delay, by proclamation as 
 well as by special orders, to prevent and suppress the enterprise, 
 to seize the vessels, arms, and other means provided for it, and 
 to arrest and bring to justice its authors and abettors. His 
 scheme being thus discovered and defeated, colonel Burr 
 fled $ but was eventually apprehended on the Tombigbee, 
 and escorted as a prisoner of state, under the guard of a 
 military officer, to Richmond in Virginia. On his arrival 
 
344 JEFFERSON. 
 
 in that city, he was delivered over to the civil authority, by 
 virtue of a warrant from the chief justice of the United 
 States, grounded on charges of a high misdemeanor, in pre 
 paring and setting on foot, within their territories, a mili 
 tary expedition, to be carried thence, against the dominions 
 of the king of Spain, with whom we were at peace; and 
 also, of treason against the United States. At the close of a 
 long examination of witnesses, he was bound over to take 
 his trial on the first charge, the chief justice not deeming 
 the evidence of an overt act of treason, sufficient to justify a 
 commitment on the latter. On the seventeenth of August, 
 1807, he was brought to trial. Several days were consumed 
 in the examination of witnesses, and in the discussion of the 
 law of treason, as it arose out of the constitution. The assem 
 blage of the individuals was proved ; but the evidence was 
 not legally sufficient to establish the presence of colonel 
 Burr, or the use of any force against the authority of the 
 United States. The consequence was the acquittal of the 
 prisoners. On the meeting of congress, a few months after, 
 Mr. Jefferson laid before them the proceedings and evidence 
 which had been exhibited at the trial. From these, he stated 
 to them, they would be enabled to judge whether the defect 
 was in the testimony, in the law, or in the administration of 
 the law, and wherever it should be found, the legislature 
 alone could apply or originate the remedy. The framers 
 of our constitution certainly supposed they had guarded, 
 as well their government against destruction by treason, 
 as their citizens against oppression, under pretence of it, 
 and if these ends were not attained, it was of importance 
 to inquire by what means more effectual they might be 
 secured. 
 
JEFFERSON. 345 
 
 The foreign relations of the country, however, at this pe 
 riod, involved questions of infinitely greater importance, than 
 any which arose from its domestic troubles. Nearly the 
 whole revenue of the United States then depended on its ex 
 ternal commerce; the situation of the world rendered that 
 commerce as lucrative as it was extensive; and every act 
 which affected its prosperity, was a vital injury to the wel 
 fare of the country. 
 
 It would at this moment he more than useless, to enter into 
 the numerous aggressions w ; hich had been committed on the 
 rights, character, and commerce of the United States, both 
 by Great Britain and France, from the commencement of the 
 war between them In 1793, or to rake from their ashes, the 
 innumerable facts, and still more innumerable controversies, 
 to which they gave rise, not only between those nations and 
 the United States, but among the citizens of the last, accord 
 ing to the light in which they viewed the conduct of the two 
 great parties. It is sufficient to recollect, that from the com 
 mencement of the war, both the great belligerent powers 
 seemed to view the United States as a country, to which that 
 course of conduct was to be dictated as neutral, which was 
 congenial to their own views or interests, and each assumed 
 the right to punish in the neutral, what it chose to consider 
 as favour to its enemy. In fact, each presuming on the weak 
 ness of the United States to defend its property on the seas, 
 had inflicted upon them the most severe and unprincipled 
 aggressions. Which nation exceeded the other in violence of 
 conduct or in want of principle, although a great party ques 
 tion at the time, it is now perhaps unnecessary to inquire; 
 in the early part of the war, when both were powerful on 
 the ocean, both had resort to open and avowed national acts, 
 which, followed up by the spirit of plunder in their navies, 
 Vol. IV X x 
 
346 JEFFERSON. 
 
 and the insatiable thirst for privateering, had at times nearly 
 swept the American commerce from the ocean ; and this was 
 accompanied by innumerable seizures under the most aggra 
 vating circumstances. All these, however, had been parried 
 by the government of the United States, partly from a sense 
 of the deplorable consequences, which, in its infant establish 
 ment, must have attended a war with either of the bellige 
 rents, and partly from the great advantages that attended its 
 neutral situation and extensive commerce, even under all the 
 injuries it sustained. The period that had elapsed, therefore, 
 from the beginning of the war between Great Britain and 
 France, to the presidency of Mr. Jefferson, had been con 
 sumed in a series of remonstrances and negotiations between 
 the United States and the belligerents, which in no incon 
 siderable degree raised the character of the former, though 
 they did not settle the great principles on which their neu 
 trality and commerce were to be regulated and respected. 
 
 The object and scene of conflict, however, had now mate 
 rially changed. France and the nations who took part with 
 her, had by this time lost their colonies, and been swept from 
 the seas, of which Great Britain remained the powerful mis 
 tress ; while, on the other hand, she had been driven from 
 the continent by the ascendency of France. In this situation, 
 vfith the predominance of one by land and of the other on 
 the ocean, the points of contact remained but few, while the 
 animosity of each, attempted to wound the other in every 
 assailable point ; England by subsidizing the powers of the 
 continent, and France by a war of extermination against 
 British commerce. 
 
 This contest produced, as is well known, a new scene of 
 boundless depredation, under a new series of hostile recrimi 
 nating acts, of which, whatever was the effect upon the par- 
 
JEFFERSON. 347 
 
 ties themselves, the destruction of all neutral commerce was 
 the obvious consequence. To neutral nations, therefore, and 
 to the United States, as almost the only one in existence, this 
 great principle became established, that as both the bellige 
 rents had violated every principle of justice, the causes of 
 war against both were numerous and obvious, and the choice 
 was left to the neutral to begin it with both or either, accord 
 ing to its own interest, leaving that party to complain of par 
 tiality or injustice, which should first act justly itself. 
 
 In this situation, all those nice calculations which might 
 otherwise have been made, and which prevailed largely at 
 the time, as to the equality of conduct to be maintained to 
 wards the belligerent powers, became in a great degree lost, 
 and it is obvious, a nice balance on the subject could not be 
 pursued. If the violence of the hostile decrees was to be 
 judged by their temper and spirit, both were excessively in 
 jurious. But a great difference existed in the power to ex 
 ecute them ; the acts of France, however severely carried 
 into effect, within the limits it could command, were confined 
 in their operation, while the scope for injury by Great Britain 
 was boundless ; and, of course, it was with her during all the 
 war, but particularly the latter stage of it, that collisions 
 became more frequent, and the measures of the United States 
 more prominent, so much so, that this very circumstance gave 
 a tinge to the character of the transactions themselves. 
 
 It is certain, however, that there were some circumstances 
 which, independent of the serious injury common to both the 
 belligerents, were peculiar to the situation of the United 
 States and Great Britain with each other, particularly the 
 right of searching neutral ships for enemy s goods, the revi 
 val of what was called the rule of war of 1756, prohibiting 
 neutrals from trade which they had not enjoyed in time of 
 
348 JEFFERSON. 
 
 peace, and the search for, and impressment of English sub 
 jects and seamen. The first of these had been conceded by 
 the United States, in their first treaty with England, and again 
 in Mr. Jay s treaty, while it had not been admitted in the 
 treaties with France ; the second had been in some degree 
 modified in the negotiations with England ; but the third 
 was a measure so important to both parties, upon principles 
 so directly opposite to each other, as to constitute in itself 
 alone a cause of disquietude, the most aggravating of all 
 others. Bitterly, indeed, did it come home to the feelings of 
 the people of the United States, that their vessels should be 
 searched on the seas to determine the character of their citi 
 zens, that such determination should be left to ignorant 
 or unprincipled officers, and those citizens themselves taken 
 by force to fight the battles of other nations, beyond the 
 protection of their own government and laws, deprived 
 of their natural rights and the inherent liberty of their 
 country. 
 
 All these had for a long time previous, been the subjects of 
 continual but unavailing negotiation, in common with the 
 general causes of complaint against both nations, and had 
 produced some hostilities, particularly those with France, 
 during Mr. Adams s administration. Upon the accession of 
 Mr. Jefferson, however, the foreign relations of the United 
 States reposed upon the recent peace with France in 1800, 
 and Mr. Jay s treaty with England, and these were soon 
 followed by the general peace of Amiens, when our govern 
 ment had only to prosecute its demands for the injuries and 
 spoliations its citizens had sustained. Of these, a part of 
 what was claimed from France, was obtained by the purchase 
 of Louisiana, and the rest, witli the claims on England and 
 
JEFFERSON. 349 
 
 other countries, remained in common, with all other sources 
 of complaint, the subject of negotiation. 
 
 Upon the rupture of the peace of Amiens, the ships of the 
 United States became again the carriers of the world, and its 
 commerce as unbounded as before. In this situation, it was 
 in the highest degree the interest, as it was before the desire 
 of the people, to pursue a course of rigid neutrality, and Mr. 
 Jefferson declared it their policy to cultivate the friendship 
 of the belligerent nations, by every act of justice and innocent 
 kindness; to receive their armed vessels with hospitality 
 from the distresses of the sea, but to administer the means of 
 annoyance to none ; to establish in our harbours such a police 
 as might maintain law and order; to restrain our citizens 
 from embarking individually in a war in which their country 
 took no part ; to punish severely those persons, citizen or 
 alien, who should usurp the cover of our flag for vessels not 
 entitled to it, infecting thereby with suspicion those of real 
 Americans, and involving us in controversies for the redress 
 of wrongs not our own ; to exact from every nation the ob 
 servance, towards our vessels and citizens, of those principles 
 and practices which all civilized people acknowledge; to 
 merit the character of a just nation, and maintain that of an 
 independent one, preferring every consequence to insult and 
 habitual wrong. 
 
 The justice of these principles was not, as it could not be 
 denied ; but the practice of them was soon put to a severe 
 trial, by the aggressions of the belligerent powers, which 
 seemed to increase with their vindictiveness against each 
 other, and the prosperous commerce and situation of the 
 United States. The attacks and depredations renewed 
 against their colonial trade, as a war in disguise, by the im 
 pressment of their seamen, by robberies on their coasts and 
 
350 JEFFERSON. 
 
 harbours, and by the revival of all the hostile forms in which 
 they had been harassed before, became so numerous and 
 galling during the years 1804 and 1805, as to induce Mr. 
 Jefferson to resort in some instances to force, to repel them. 
 In December of the latter year, seconded by numerous re 
 monstrances from the people, he called the attention of con 
 gress pointedly to the subject. " Our coasts," he remarks, 
 " have been infested, and our harbours watched, by private 
 armed vessels, some of them without commissions, some with 
 illegal commissions, others with those of legal form, but 
 committing piratical acts beyond the authority of their com 
 missions. They have captured in the very entrance of our 
 harbours, as well as on the high seas, not only the vessels of 
 our friends, coming to trade with us, but our own also. 
 They have carried them off under pretence of legal adjudica 
 tion, but, not daring to approach a court of justice, they 
 have plundered and sunk them by the way, or in obscure 
 places, where no evidence could arise against them, mal 
 treated the crews, and abandoned them in boats, in the open 
 sea, or on desert shores, without food or covering. 
 
 " The same system of hovering on our coasts and har 
 bours, under colour of seeking enemies, has been also carried 
 on by public armed ships, to the great annoyance and oppres 
 sion of our commerce. New principles too have been inter 
 polated into the law of nations, founded neither in justice, 
 nor the usage or acknowledgment of nations. According to 
 these, a belligerent takes to itself a commerce with its own 
 enemy, which it denies to a neutral, on the ground of its 
 aiding that enemy in the war. But reason revolts at such 
 an inconsistency ; and the neutral having equal right with 
 the belligerent to decide the question, the interests of our 
 constituents, and the duty of maintaining the authority of 
 
JEFFERSON. 351 
 
 reason, the only umpire between just nations, impose on us 
 the obligation of providing an effectual and determined oppo 
 sition to a doctrine, so injurious to the rights of peaceable 
 nations." 
 
 It was from these causes that a line of policy was adopted, 
 which, though it had been in some degree that of his pre 
 decessors, and particularly of general Washington, may be 
 considered, in the manner it was now exercised, as a distin 
 guished feature of Mr. Jefferson s administration. It was to 
 prepare the country for domestic defence, but to do so rather 
 by shutting it up from foreign intercourse, than by exposing 
 it to war ; and in the mean time to try the full effect of nego 
 tiation, and to exercise yet a little longer forbearance under 
 our numerous injuries. Accordingly, the measures adopted 
 by the government in the early part of 1806, were those for 
 the defence of the ports and coasts, and of the country itself 
 in case of need, the act called the non-importation act, and 
 the appointment of commissioners to negotiate abroad, parti 
 cularly of Mr. Pinckney, who was united with Mr. Monroe, 
 the then resident minister in London. 
 
 It does not appear that any of the measures thus adopted, 
 gave umbrage abroad; on the contrary, Mr. Pinckney, writing 
 on the spot soon after his arrival, with a full knowledge of 
 the temper of the government, and its effect upon England, 
 pronounced the non-importation act a wise and salutary mea 
 sure. His negotiations, indeed, though rendered unavoidably 
 slow, were proceeding with prospects somewhat more favour 
 able, when Bonaparte, stimulated as it should seem by the 
 unlimited power of Great Britain on the seas, and the bound 
 less depredations she committed in consequence of it, and 
 perhaps by a jealousy of the negotiations pending in England, 
 issued his decree of the twenty-first of November from Berlin. 
 
352 JEFFERSON. 
 
 This, however, did not prevent the continuance of the nego 
 tiation, and the completion of a treaty in December, though 
 it was accompanied by a declaration, that it should not pre 
 clude a right of retaliation ; on the contrary, that right was 
 almost immediately exercised by the British orders in council 
 of January, 1807. 
 
 As the treaty with England contained little or no remedy 
 for former injuries, and no sufficient stipulation against their 
 renewal, added to the new causes which the hostile decrees 
 had elicited, it was not confirmed by Mr. Jefferson; but still 
 anxious for the line of policy he had adopted, and not to close 
 the door against friendly adjustment, the commissioners were 
 directed to resume their negotiations, with some further con 
 cessions on the part of the United States, and equal steps 
 were pursued for accommodations with France. 
 
 While reposing, however, with confidence on this new 
 reference to amicable discussion, an act was committed, which 
 aroused the outraged feelings of the whole nation. On the 
 twenty-second of June, 1807, by a formal order from a British 
 admiral, the frigate Chesapeake, leaving her port for a distant 
 service, was attacked by one of those vessels which had been 
 lying in our harbours under the indulgences of hospitality, 
 was disabled from proceeding, and had several of her crew 
 killed, and four taken away. On this outrage, no commen 
 taries are necessary. Its character has been pronounced by 
 the indignant voice of our citizens, with an emphasis and 
 unanimity never exceeded. A proclamation was immediately 
 issued by Mr. Jefferson, requiring all British vessels bearing 
 the royal commission to depart, and forbidding all to enter 
 the waters of the United States. Satisfaction and security 
 for the outrage were promptly demanded ; an armed vessel 
 of the United States was sent directly to London, with in- 
 
JEFFERSON. 353 
 
 structions to our ministers on the subject ; and congress did 
 not hesitate to declare it a flagrant violation of our jurisdic 
 tion, of which a parallel was scarcely to be found in the his 
 tory of civilized nations, and which, if not disavowed, was 
 just cause of instant and severe retaliation. 
 
 The British government immediately disavowed the act of 
 the officer by whom it had been committed, and voluntarily 
 made an offer of reparation, which was afterwards carried 
 into effect. Scarcely, however, was this one act of injustice 
 and aggression atoned for, when it was followed by another. 
 In November of the same year, 1807, orders were issued by the 
 king in council, wherein he prohibited all commerce between. 
 America and the ports of his enemies in Europe, unless the 
 articles had been first landed in England, and duties paid for 
 their re-exportation ; and declared that a certificate from a 
 French consul, of the origin of articles, should render the 
 vessel in which they were, liable to condemnation. The 
 ground on which it was attempted to justify these measures, 
 was a retaliation for the course adopted by the French 
 government relative to neutral commerce ; a pretext alike 
 frivolous and unfounded. It was not denied that France 
 had pursued a course quite unjustifiable ; but yet, even 
 supposing what has been uniformly denied, that the mea 
 sures against America were first adopted by that nation, 
 it is hard to imagine by what process of reasoning those 
 measures could justify an attack on the acknowledged rights 
 of a nation, that was no partner in their adoption, and to 
 whose interests they were vitally inimical. 
 
 As appeal to justice and national law was thus made in 
 vain, America had now no alternative left, but abject submis 
 sion or decided retaliation. Yet it was difficult to know by 
 what means this retaliation could be effected. Two only sug- 
 Voi. IV. Y y 
 
354 JEFFERSON. 
 
 gested themselves, a declaration of war, or a suspension of 
 commerce on the part of the United States. The unsettled 
 state of the world at that period, the peculiar and extraor 
 dinary situation in which this country was placed, the 
 necessity, if hostilities were resorted to, of making it at the 
 same time against the two most powerful nations of the 
 world, the peaceful hahits, the limited resources, and the 
 uncertain issue, were all just causes of hesitation in choosing 
 the more decided alternative ; and although there could be 
 no doubt that its adoption would injure, if it did not destroy 
 an extensive and valuable commerce, yet that commerce 
 would almost equally suffer from the ravages of unavenged 
 and unnoticed aggression. Under these circumstances, on 
 the eighteenth December, 1807, Mr. Jefferson recommended 
 to congress an inhibition of the departure of our vessels from 
 the ports of the United States, and on the twenty-second of 
 the same month an act was passed by them, laying a general 
 embargo. 
 
 This measure, the most prominent feature in the adminis 
 tration of Mr. Jefferson, was not adopted, as may well be 
 supposed, without much opposition from those whose views of 
 policy were different from his own ; yet at this period, when 
 much of the violence of party has subsided, and subsequent 
 events have shown the effect of such a measure, it seems 
 difficult to imagine what better course could have been 
 pursued, in the situation of the country at that period. 
 Surely a tame submission was not to be thought of, but even 
 if it had been, to the total sacrifice of our national honour, 
 yet in no point of view could it have saved the suffering 
 commerce of the nation. The experiment of negotiation 
 had been made year after year without success ; private and 
 public rights had been infringed with impunity ; and Ame- 
 
JEFFERSOJN. 355 
 
 rica must have consented to become the willing and unre 
 sisting victim of commercial despotism, to he despised and 
 trampled on in future, whenever Europe should choose to 
 pursue her schemes of commercial aggrandizement. With 
 most nations, and under ordinary circumstances, the appeal 
 to war would have been as prompt as the injury was unjus 
 tifiable ; but the government, interests, and situation of 
 America required the exertion and failure of every other 
 alternative, before that was resorted to. Under these cir 
 cumstances, the embargo presented itself as a measure of 
 retaliation, if not decisive at least preparatory. It could 
 only be injurious to the commercial interests of the nation, 
 already in a situation scarcely capable of greater injury. 
 It left open equally the means of farther negotiation and 
 the power of resorting to war, while it showed to foreign 
 nations the decided spirit which animated our councils, and 
 inflicted no inconsiderable blow on their interests. 
 
 On these grounds it was recommended by Mr. Jefferson, 
 and certainly promised at least temporary success. The in 
 teresting letters which have lately been given to the world, 
 in the biography of one of our most distinguished citizens, 
 then ambassador in London, seem to place this circumstance 
 beyond question. Very shortly after its establishment, in 
 writing from England, he observes, " It is apparent that we 
 gain ground here. The tone is altered. The embargo has 
 done much, although its motives are variously understood. 
 Some view it with, doubt and suspicion. The government 
 appears to put a favourable construction upon it , and all 
 agree that it is highly honourable to the sagacity and firm 
 ness of our councils. Events which you could only conjecture 
 when the measure was adopted, have already made out its 
 justification beyond the reach of cavil." " To repeal the 
 
356 JEFFERSON. 
 
 embargo, " lie observes, in a subsequent letter, " would be so 
 fatal to us in all respects, that we should long feel the wound 
 it would inflict, unless indeed some other expedient, as strong 
 at least, and as efficacious in all its bearings, can (as I fear 
 it cannot) be substituted in its place. On the other hand," 
 he adds, " if we persevere, we must gain our purpose at last. 
 By complying with the little policy of the moment, we shall 
 be lost. By a great and systematic adherence to principle, 
 we shall find the end to our difficulties. The embargo and 
 the loss of our trade are deeply felt here, and will be felt 
 with more severity every day. The wheat harvest is like to 
 he alarmingly short, and the state of the continent will aug 
 ment the evil. The discontents among the manufacturers 
 are only quieted for the moment by temporary causes. Cot 
 ton is rising, and soon will be scarce. Unfavourable events 
 on the continent will subdue the temper unfriendly to wisdom 
 and justice, which now prevails here. But above all, the 
 world will, I trust, be convinced that our firmness is not to 
 shaken. Our measures have not been without effect. They 
 have not been decisive, because we have not been thought 
 capable of persevering in self-denial, if that can be called 
 self-denial, which is no more than prudent abstinence from 
 destruction and dishonour." 
 
 Mr. Jefferson was so far destined, ere his retirement, to 
 behold the success of his plans, that in January, 1809, after 
 the embargo had existed a year, overtures were made by 
 Mr. Canning to Mr. Pinckney, which indicated a disposition 
 on the part of the British government, to recede from the 
 ground they had taken. These overtures were succeeded 
 by negotiations, which at last terminated in the repeal of 
 some of the most objectionable features of the orders in coun 
 cil. On this event Mr. Pinckney remarks " Our triumph 
 
JEFFERSON. 357 
 
 is already considered as a signal one by every body. The 
 pretexts with which ministers would conceal their motives 
 for a relinqtiishment of all which they prized in their system, 
 are seen through; and it is universally viewed as a conces 
 sion to America. Our honour is now safe, and by manage 
 ment we may probably gain every thing we have in view." 
 
 To trace out, however, the results to which Mr. Jefferson s 
 policy led, not only in these but in other circumstances ; and 
 especially to pursue the history of our various negotiations 
 and differences with Great Britain, arising from it, and ulti 
 mately resulting in a conflict honourable and advantageous 
 to the United States, is reserved, not for the present biogra 
 pher, but for him who shall record the life of the amiable 
 and patriotic statesman by whom he was shortly succeeded. 
 To him, as he had been his early pupil, and afterwards his 
 personal friend and political supporter, was left the task of 
 bringing to a termination that series of political measures, in 
 the midst of which the retirement of Mr. Jefferson from pub 
 lic life, obliges us abruptly to break off. 
 
 The period had now arrived, when he was desirous to close 
 for ever his political career ; he had reached the age of sixty- 
 five years; he had been engaged almost without interruption 
 for forty years in the most arduous duties of public life; and 
 had passed through the various stations, to which his country 
 had called him, with unsullied honour and distinguished 
 reputation ; he now, therefore, determined to leave the scene 
 of his glory, while its brightness was unobscured by the un 
 avoidable infirmities of age ; and to spend the evening of his 
 days in the calmness of domestic and philosophical retire 
 ment. In his message to congress he alluded to this deter 
 mination, and took leave of them in the following language. 
 
 "Availing myself of this, the last occasion which will occur 
 
358 JEFFERSON. 
 
 of addressing the two houses of the legislature at their meet 
 ing, I cannot omit the expression of my sincere gratitude, 
 for the repeated proofs of confidence manifested to me by 
 themselves and their predecessors, since my call to the ad 
 ministration, and the many indulgences experienced at their 
 hands. The same grateful acknowledgments are due to my 
 fellow citizens generally, whose support has been my great 
 encouragement under all embarrassments. In the transac 
 tion of their business, I cannot have escaped error. It is 
 incident to our imperfect nature. But I may say with truth, 
 my errors have been of the understanding, not of intention ; 
 and that the advancement of their rights and interests has 
 been the constant motive of every measure. On these con 
 siderations I solicit their indulgence. Looking forward 
 with anxiety to their future destinies, I trust, that in their 
 steady character, unshaken by difficulties, in their love of 
 liberty, obedience to law, and support of public authorities, 
 I see a sure guarantee of the permanence of our republic; 
 and retiring from the charge of their affairs, I carry with 
 me the consolation of a firm persuasion, that Heaven has in 
 store for our beloved country, long ages to come of prospe 
 rity and happiness." 
 
 From this period, with the exception of. excursions which 
 business required, Mr. Jefferson resided altogether at 
 Monticello. Into the retirement of his domestic life, we 
 have not, unfortunately, the means of penetrating. It is re 
 served for some other pen and we indulge the hope that it 
 may have been his own to portray the pursuits, the studies, 
 and the thoughts which engaged his active and intelligent 
 mind, during the long period that passed away, after he 
 withdrew from public life. He indeed appeared occasion 
 ally before his countrymen, by publications of his private 
 
JEFFERSON. 359 
 
 correspondence, which proved the same purity of intention, 
 the same earnest zeal in the promotion of liberal opinions, 
 and the same intelligence, forethought, and firmness which 
 distinguished the actions of his earlier life. He was called 
 forward from time to time, by the repeated anxiety of his 
 countrymen to connect him with the rising institutions, which 
 have been formed to promote science, taste, and literature. 
 And above all, he was sought out in his retirement by stran 
 gers from every foreign nation, who had heard of and ad 
 mired him ; and by the natives of every corner of his own 
 country, who looked upon him as their guide, philosopher, 
 and friend. His home was accordingly the abode of hospi 
 tality, and the seat of dignified retirement ; and while he thus 
 forgot the busy times of his political existence, in the more 
 calm and congenial pleasures of learning and science, Mon- 
 ticello might remind us of the scene where the Roman sage, 
 deserting the forum and the senate, discoursed beneath his 
 spreading plane tree, on the rights and duties of man rura 
 nemusque sacrum dilectaque jugera musis. 
 
 It was not, however, to his private cares, and enjoyments 
 alone, that these years of retirement were devoted by Mr. 
 Jefferson. They were largely shared by the public interests 
 of science and letters, particularly in the improvement of 
 education in his native state, and the establishment of a noble 
 university, which was commenced by his own private dona 
 tions, and those he could obtain from his friends, and on 
 which, even after it became a national object, he bestowed 
 the greatest zeal and labour during the remainder of his life. 
 Soon after his return to Monticello, when the formation of a 
 college in his neighbourhood was proposed, he addressed a 
 letter to the trustees, in which he sketched a plan for the 
 establishment of a general system of education in Virginia. 
 
360 JEFFERSON. 
 
 This appears to have led the way to an act of the legislature 
 in the year 1818, by which commissioners were appointed, 
 with authority to select a site and form a plan for a univer 
 sity, on a scale of great magnificence. Of these commis 
 sioners, Mr. Jefferson was unanimously chosen the chairman, 
 arid on the fourth of August, 1818, he framed a report em 
 bracing the principles on which it was proposed the institu 
 tion should be formed. The situation selected for it was at 
 Charlottesville, a town at the foot of the mountain on which 
 Mr. Jefferson resided. The plan was such as to combine 
 elegance and utility with the power of enlarging it to any 
 extent, which its future prosperity may require. The in 
 struction extended to the various branches of learning, which 
 a citizen will require in his intercourse between man and 
 man, in the improvement of his morals and faculties, and in 
 the knowledge and exercise of his social rights. Such an 
 education, Mr. Jefferson observes, " generates habits of ap- 
 plication^and the love of virtue ; and controls, by the force 
 of habit, any innate obliquities in our moral organization. 
 We should be far too from discouraging persuasion, that 
 man is fixed, by the law of his nature, at a given point ; that 
 his improvement is a chimcera, and the hope delusive of ren 
 dering ourselves wiser, happier, or better than our fore 
 fathers were. We need look back only half a century, to 
 times which many now living remember well, and see the 
 wonderful advances in the sciences and arts which have been 
 made within that period. Some of these have rendered the 
 elements themselves subservient to the purposes of man, 
 have harnessed them to the yoke of his labours, and effected 
 the great blessings of moderating his own, of accomplishing 
 what was beyond his feeble force, and of extending the com 
 forts of life to a much enlarged circle, to those who had be- 
 
JEFFERSON. 361 
 
 fore known its necessaries only. That these are not the vain 
 dreams of sanguine hope, we have before our eyes real and 
 living examples. What, but education, has advanced us be 
 yond the condition of our indigenous neighbours? and what 
 chains them to their present state of barbarism and wretch 
 edness, but a bigoted veneration for the supposed superla 
 tive wisdom of their fathers, and the preposterous idea that 
 they are to look backward for better things and not forward, 
 longing, as it should seem, to return to the days of eating 
 acorns and roots, rather than indulge in the degeneracies of 
 civilization? And how much more encouraging to the 
 achievements of science and improvement is this, than the 
 desponding view that the condition of man cannot be amelio 
 rated, that what has been must ever be, and that to secure 
 ourselves where we are, we must tread, with awful reverence, 
 in the footsteps of our fathers. This doctrine is the genuine 
 fruit of the alliance between church and state, the tenants of 
 which, finding themselves but too well in their present posi 
 tion, oppose all advances which might unmask their usurpa 
 tions, and monoplies of honours, wealth, and power, and fear 
 every change, as endangering the comforts they now hold." 
 The report then proceeds to state the various arrangements 
 which should be adopted, for the conduct of so exten 
 sive an institution 5 and concludes with a statement of its 
 financial situation. The plan thus proposed was adopted by 
 the legislature. Mr. Jefferson was elected the rector of the 
 new institution, and from that period he devoted himself with 
 unceasing ardour to carry it into effect. Nothing indeed 
 could exceed his fond desire for its success. It appeared to ba 
 the object of all his hopes and thoughts in the declining 
 years of his life. He rode every morning when the weather 
 would permit, to inspect its progress ; he prepared with 
 VOL. IV. Z z 
 
362 JEFFERSON. 
 
 his own hands, the drawings and plans for the workmen ; he 
 stood over them as they proceeded with a sort of parental 
 care and anxiety $ and when the inclemency of the season or 
 the infirmity of age prevented his visits, a telescope was 
 placed on a terrace near his house, hy means of which he 
 could inspect the progress of the work. After its completion, 
 he might often he seen pacing slowly along the porticoes or 
 cloisters which extend in front of the dormitories of the stu 
 dents, occasionally conversing with them, and viewing the 
 establishment with a natural and honourable pride. In the 
 library is carefully preserved the catalogue written by him 
 self, in which he has collected the names, best editions, and 
 value of all works of whatever language, in literature and 
 science, which he thought necessary to form a complete 
 library, and in examining it one is really less struck with 
 the research and various knowledge required for its compi 
 lation, than the additional proof of that anxious care, which 
 seemed to search out all the means of fostering and improv 
 ing the institution he had formed. 
 
 It is painful to turn from this pleasing picture, to the scenes 
 of worldly suffering, from which no human lot is entirely 
 exempt. Although the virtues and fame of Mr. Jefferson 
 shed a bright lustre around the evening of his days, it was 
 destined to be obscured by an incident which, however desi 
 rous we might be to pass, over, must not remain unnoticed in 
 the history of his life. In every age and country it has been 
 too often the lot of those who have devoted, with thoughtless 
 generosity, to the service of their fellow creatures, the zeal 
 of youth and the experience of maturer years, to find them 
 selves at last in their old age, doomed to poverty which they 
 have no longer the ability to repel. An honourable poverty, 
 incurred in the performance of public duties, or private gene- 
 
JEFFERSON. 563 
 
 rosity, unsullied by extravagance, and unattended by crime, 
 will redound to the honour, never to the disgrace of him who 
 has the* misfortune to endure it. With Mr. Jefferson it is 
 difficult to imagine how it could have been avoided. For 
 more than fifty years he had been actively engaged in public 
 office, generally at a distance from his own estate; and 
 though his patrimony was originally large, it could not but 
 be impaired by this unavoidable neglect. In retiring from 
 the exalted station he had enjoyed, he did not enter on a less 
 conspicuous scene ; he had become identified as it were with 
 the greatness and glory of his country, he was the object of 
 attraction to crowds of anxious and admiring guests, and 
 unless by coldly closing his doors, it was impossible to limit 
 the expenses he was thus obliged to incur. 
 
 To relieve him from the embarrassment in which he was 
 thus involved, an act of the legislature of Virginia was passed 
 in the spring of 1826, by which he was authorized to dispose 
 of his estates by lottery, in order that a fair price for them 
 might be obtained. Whether this tardy measure was becom 
 ing to the character of a high minded state; whether such 
 was the manner in which she should have relieved the wants 
 of a citizen, to whom it is acknowledged she was mainly in 
 debted for what is most valuable in her government, her laws, 
 and her institutions, and who had equally devoted to her, 
 his youth, his manhood, and his hoary age it is not for us 
 to determine. 
 
 But few more incidents remain to be told of the eventful 
 life of this great man. The full vigour of his mind, indeed, 
 remained unimpaired, at least until a very short period before 
 he fell into the grave. The year 1826 being the fiftieth since 
 the establishment of our independence, it was determined 
 universally throughout the United States, to celebrate it as a 
 
364 JEFFERSON. 
 
 jubilee with unusual rejoicing ; preparations to this end were 
 made in every part of the country ; and all means were taken 
 to impart to the celebration, the dignity which was* worthy 
 of the country and the event. The citizens of Washington, 
 the metropolis of the nation, among other things invited Mr. 
 Jefferson, as one of the surviving signers of the Declaration 
 of Independence, to unite with them in their festivities ; this 
 request he was obliged to decline; but the letter in which he 
 signified his regret, is left to us as a monument of his expiring 
 greatness. On the twenty-fourth of June, when the hand of 
 death was already upon him, he expressed in this letter all 
 those characteristic sentiments which through life had so 
 strongly marked him the delight with which he looked 
 back to the period, when his country had made its glorious 
 election between submission and the sword the joy he felt 
 in its consequent prosperity the hope he indulged, that the 
 time would yet come when civil and religious freedom should 
 bless all the world his ardent wish, that the return of that 
 day should keep fresh in us the recollection of our rights, 
 and increase our devotion to them, and the affectionate re 
 membrance with which he dwelt on the kindness he had ex 
 perienced from his fellow citizens. He thus addresses the 
 mayor of Washington "Respected Sir: The kind invita 
 tion I received from you, on the part of the citizens of the 
 city of Washington, to be present with them at their celebra 
 tion of the fiftieth anniversary of American independence, as 
 one of the surviving signers of an instrument, pregnant with 
 our own, and the fate of the world, is most flattering to 
 myself, and heightened by the honourable accompaniment 
 proposed for the comfort of such a journey. It adds sensi 
 bly to the sufferings of sickness, to be deprived by it of a 
 personal participation in the rejoicings of that day; but 
 
JEFFERSON. 365 
 
 acquiescence under circumstances is a duty not placed among 
 those we are permitted to control. I should, indeed, with 
 peculiar delight, have met and exchanged there, congratula 
 tions, personally, with the small band, the remnant of the 
 host of worthies who joined with us, on that day, in the hold 
 and doubtful election we were to make for our country, be 
 tween submission and the sword ; and to have enjoyed with 
 them the consolatory fact that our fellow citizens, after half 
 a century of experience and prosperity, continue to approve 
 the choice we made. May it be to the world, what I believe 
 it will be, (to some parts sooner, to others later, but finally 
 to all,) the signal of arousing men to burst the chains, under 
 which monkish ignorance and superstition had persuaded 
 them to bind themselves, and to assume the blessings and 
 security of self-government. The form which we have sub 
 stituted, restores the free right to the unbounded exercise of 
 reason and freedom of opinion. All eyes are opened, or 
 opening, to the rights of man. The general spread of the 
 lights of science, has already laid open to every view the 
 palpable truth, that the mass of mankind has not been born 
 with saddles on their backs, nor a favoured few, booted and 
 spurred, ready to ride them legitimately, by the grace of 
 God. These are grounds of hope for others; for ourselves, 
 let the annual return of this day forever refresh our recollec 
 tions of these rights, and an undiminished devotion to them. 
 I will ask permission here, to express the pleasure with which 
 I should have met my ancient neighbours of the city of Wash 
 ington and its vicinities, with whom I passed so many years 
 of a pleasing social intercourse an intercourse which so 
 much relieved the anxieties of the public cares, and left im 
 pressions so deeply engraved in my affections, as never to be 
 
366 JEFFERSON, 
 
 forgotten. With my regret that ill health forbids me the 
 gratification of an acceptance, be pleased to receive for your 
 self, and those for whom you write, the assurance of my 
 highest respect and friendly attachments." 
 
 Soon after this letter was written, the indisposition of Mr. 
 Jefferson assumed a more serious character. He had been 
 for some time ill, though it was not until the twenty-sixth 
 of June that he was obliged to confine himself to his bed. 
 The strength of his constitution, and freedom from bodily 
 pain, for a short time encouraged the hope that his illness 
 was merely temporary. He himself, however, felt the con 
 viction that his last hour was approaching. He had already 
 lived beyond the limits ordinarily assigned to human exist 
 ence, and for some months past, the whole tone of his con 
 versation showed that he was looking forward to its termina 
 tion, with a calmness and equanimity worthy of his past life. 
 "I do not wish to die," he was in the habit of saying to the 
 intimate friends around him, "but I do not fear to die. Ac 
 quiescence under circumstances is a duty we are permitted 
 to control." He declared, that could he but leave his 
 family unembarrassed, and see the child of his old age, 
 the university, fairly flourishing, he was ready to depart 
 nunc dimittis Domine, the beautiful ejaculation of the 
 Hebrew prophet, was his favourite quotation. May God 
 and his country grant the fulfilment of his dying wishes. 
 On the second of July, the complaint with which he was 
 afflicted, left him ; but his physician expressed his fears that 
 his strength might not prove sufficient to restore him from 
 the debility to which it had reduced him ; conscious himself 
 that he could not recover, and free from all bodily and ap 
 parently from all mental pain, he calmly gave directions 
 
JEFFERSON. 367 
 
 relative to his coffin and his interment, which he requested 
 might he at Monticello without parade or pomp; he then 
 called his family around him, and conversed separately with 
 each of them ; to his heloved daughter, Mrs. Randolph, he 
 presented a small morocco case, which he requested her not 
 to open until after his death when the sad limitation had 
 expired, it was found to contain an elegant and affectionate 
 strain of poetry, on the virtues of her from whom he was 
 thus torn away. On Monday, the following day, he enquired 
 of those around him with much solicitude, what was the day 
 of the month ; they told him it was the third of July ; he then 
 eagerly expressed his desire that he might be permitted to 
 live yet a little while, to breathe the air of the fiftieth anni 
 versary. The wish was granted the Almighty hand sus 
 tained him up to the very moment when his wish was com 
 plete ; and then bore him to that world, where the pure in 
 heart meet their God. 
 
 Those who are now alive, will never forget the deep sen 
 sation which the intelligence of this .event produced, in every 
 part of the United States. The public honours every where 
 lavished, were not, in this case, the mere mockery of wo; 
 but they found a correspondent feeling in the heart of every 
 citizen. It scarcely required the indulgence of superstition 
 or enthusiasm to see, in the extraordinary coincidence w T hich 
 marked the last hours of Mr. Jefferson, the directing hand 
 of heaven ; and in this lesson America had again reason to 
 bless that Almighty power, which had so often seemed in 
 days of adversity, specially to guide her through apparently 
 unconquerable perils, and in days of prosperity to shower 
 down upon her people, in the yet short period of their exist 
 ence, what other nations have been unable to attain to in the 
 long lapse of time. 
 
368 JEFFERSON. 
 
 In pursuing the ordinary duties of a biographer ; the per 
 sonal and political character of Mr. Jefferson should now 
 claim our notice ; yet it is with conscious inability, that 
 we undertake the task. The memory of his public services, 
 his many virtues, and his excellent and amiable life, are so 
 fresh in our recollections, that to speak of him as we feel, 
 may bear the appearance of panegyric rather than the dis 
 passionate judgment of biography. The record of his actions, 
 however, is a test to which all may appeal ; and if in any 
 thing our opinions should be deemed erroneous, to that record 
 let the appeal be made as they are the surest, so are they the 
 noblest monument he has left. 
 
 Mr. Jefferson expired at Monticello, at ten minutes before 
 one o clock on the fourth of July, 1826; within the same 
 hour at which fifty years before, the declaration of indepen 
 dence had been promulgated. At this time he had reached 
 the age of eighty-three years, two months, and twenty-one 
 days. In person he was six feet two inches high, erect and 
 well formed, though thin ; his eyes were light, and full of 
 intelligence ; his hair very abundant, and originally of a yel 
 lowish red, though in his latter years, silvered with age. 
 His complexion was fair and his countenance remarkably 
 expressive ; his forehead broad, the nose not larger than the 
 common size, and the whole face square and expressive of 
 deep thinking. In his conversation he was cheerful and en 
 thusiastic ; and his language was remarkable for its vivacity 
 and correctness. His manners were extremely simple and 
 unaffected, mingled however with much native, but unob 
 trusive dignity. 
 
 In his disposition, Mr. Jefferson was full of liberality and 
 benevolence ; of this the neighbourhood of Monticello affords 
 innumerable monuments, and on his own estate, such was 
 
JEFFERSON. 369 
 
 the condition of his slaves, that in their comforts his own 
 interests were too often entirely forgotten. Among his 
 neighbours he was esteemed and heloved in an uncommon 
 degree, and it is almost incredible with what respect his 
 sentiments and opinions were regarded ; a stranger travel 
 ling in the neighbourhood of Charlottesville, hears even yet 
 constant allusions to his habits and actions, arid his name 
 is scarcely mentioned without that expression of veneration, 
 which is the reward of private worth, even more than of pub 
 lic service. He possessed uncommon fortitude and strength 
 of mind, with great firmness and personal courage; in form 
 ing his opinions he was slow and considerate, but when once 
 formed, he relinquished them with great reluctance ; his 
 equanimity and command of temper were such, that his oldest 
 friends have remarked that they never saw him give way to 
 his passions ; by his domestics he was regarded with all the 
 warmth of filial affection. His attachment to his friends 
 was warm and unvarying; his hospitality w r as far beyond 
 his means, and left him, as we have seen, in his old age the 
 victim of unexpected poverty. 
 
 The domestic habits of Mr. Jefferson were quite simple. His 
 application was constant and excessive. He rose very early, 
 and after Uis retirement from public life, devoted the morn 
 ing to reading and to his correspondence, which was varied 
 and extensive to a degree, that in his latter years became 
 exceedingly troublesome. He then rode for an hour or two, 
 an exercise to which he felt aU the characteristic attachment 
 of a Virginian, and which he continued until a very short 
 period before his death ; the horse he used was young, and 
 not remarkably gentle, nor could he be prevailed on to allow 
 the attendance of servants, even to the last. After din 
 ner he returned to his studies with fresh ardour, and then 
 Voi. IV. S A 
 
370 JEFFERSON. 
 
 devoting Iiis evening to his family, retired to bed at a ver ; y 
 early hour. 
 
 The studies of Mi*. Jefferson were extended to almost 
 every branch of literature arid science. He was the father 
 of some, and the patron of many of the institutions of his 
 country for their promotion. He was said to be a profound 
 mathematician, and was in the habit of obtaining from 
 France, up to the day of his death, the most abstruse treatises 
 on that branch of science. His acquaintance with most of the 
 modern languages was minutely accurate ; he was a profound 
 Greek scholar, having devoted himself during his residence 
 in Europe to an extensive and thorough study of that lan 
 guage ; and he is said to have cultivated a knowledge of those 
 dialects of northern Europe, growing out of the Gothic, 
 which arc so closely connected with our own language, laws, 
 customs, and history. 
 
 So much has been necessarily said, in recording the occur 
 rences .of Mr. Jefferson s life, that a summary of his general 
 character is reduced within very narrow limits, and may be 
 comprised in three periods ; the first from his early youth to 
 the close of the revolutionary war ; the second from that 
 time until his retirement from public service; and the third 
 his private life to its close. 
 
 In the first of these, we view him entering into life with 
 that union of legal and political knowledge, and that min 
 gled character of professional and agricultural pursuit, 
 which long distinguished the gentlemen of a state, that has 
 furnished n large proportion of our most eminent citizens. 
 The troubles of his country soon commencing, he embarked 
 in them with all the energy of youth, and rising with their 
 increase, we find him throughout their course a firm and 
 
JEFFERSON. 371 
 
 tearless partisan, always foremost among those who led the 
 van in (he march of freedom, maturing his political princi 
 ples by constant application, always decided in his conduct, 
 and ready, as the times required, to devote himself to the 
 
 more silent -duties of legislation, or the more arduous occu 
 pations of executive t; usts. 
 
 The second period of his life abounded in political cir 
 cumstances, upon which the best and wisest of his country 
 men have entertained very different sentiments ; indeed it 
 Was scarcely possible, that in a universal change of almost 
 the whole fabric of society, their opinions should not greatly 
 vary. Those of Mr. Jefferson, as is well known, always 
 leaned to the side of freedom, and whether they are viewed 
 with favour or disapprobation, he must be taken as the great 
 leader and author of the more popular form of our adminis 
 tration, as well as of that system which, by shutting out 
 rather than increasing our connexion with foreign countries, 
 leads to self dependence of our own. The great result 
 of his measures, founded as they undoubtedly were on the 
 excellent basis which had been laid before him, and gene 
 rally followed up by his successors, has been the firm esta 
 blishment of every great feature of our constitution, as it 
 seems to have been originally designed, united with an 
 administration of it, decidedly popular in its character, 
 and of great simplicity, and at the same time a reduction of 
 party spirit within limit? perhaps as narrow as are possible 
 or useful, and the increase to an amazing extent of the inter 
 nal energy and resources of the nation. 
 
 The last period of Mr. Jefferson s life was that of rural 
 and philosophic repose. Retiring from public scenes as the 
 greatest of men in every age have done, his activity though 
 abated was not lost, and he still performed the part of a 
 

 372 JEFFEKSQN. 
 
 good and great citizen, watching over Ids country s actions 
 and attempering them by his advice. His early disposition 
 to letters, continued through his busiest, and was the re 
 source of his last years; but his letters and philosophy were 
 of the school of Franklin, less formed to investigate the 
 depths of antiquity, or dazzle by their display, than to come 
 home to the interests of his age and country, and direct 
 mankind in the road of practical utility. Of the same cha 
 racter was his style, plain, useful, and energetic, adopting 
 terms sometimes not before in use, where he thought them 
 adapted to his purpose, and abounding sufficiently with 
 manly and sublime touches \\here, as in several of his public 
 papers, such were called for by his subject. 
 
 Like Franklin, Mr. Jefferson felt the gradual decay of age, 
 aftecting his body rather by insensible degrees, than by any 
 settled infirmity, and his mind not at all. He became hoary, 
 venerable, and bent with years, rattier than broken by them ; 
 and his death was at last so happy in all its circumstances, 
 that he seemed to have passed from this to another world, 
 with the composure which religion and philosophy must 
 equally desire. 
 
 END OF VOLUME IV. 
 
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