"If * o o o O -i irt.s"' Author Title Imprint 16—47372-3 GPO m^ EULOGIUM THE CHARACTER AND SERVICES OF THE LATE JOHN SERGEANT, PRONOrXCED AT THE REQUEST OF THE IHert ml €mmn C'DitiirilH of tjjB (IDiti{ nf :^:^|jiln&rlpjjia, COMMITTEE APPOINTED AT A MEETING OF CITIZENS. APRIL 22, 1853, BY HON. WILLIAM M. MEREDITH, /^ U. S. A. PHILADELPHIA: CRISSY & MARK LEY, PRINTERS, GOLDSMITHS HALL, LIBRARY STREET. 1853. I • I- .^5 COMMITTEE ROOM, CITY HAIili, May 3d, 1853. IIox. AViLLiAM M. Meredith. Dear Sir : — I have the houor to commiinicate to yoii herewitli, a copy of a resolution of the committee appointed to devise proper tributes of respect for the memory of tlie late Hon. John Sergeant, and beg leave to express the hope that you will be pleased to accede to their request therein, and thus furnish them -with the means of perpetuating an eloquent and appropriate testimony to the life and character of that great and good man. With great respect, Your obedient servant, CHARLES A. TOULSON, Chairman Joint Special Commillee. In Commiitce, May 2, 1853. Resolved, That the Chairman be requested to express to Mr. Meredith the thanks of the Joint Committee, for his Eulogy on the late John Sergeant, delivered at its request at the Musical Fund Hall, on the evening of the 2'2d of April last, and to ask from him a copy for publication. CRAIG BIDDLE, Secretary. Pliiladelpliia, May llth, 1853. My Dear Sir : — I have to acknowledge the receipt of your note, enclosing a Resolution of the Committee, asking for publication, a copy of the Eulo- gium on Mr. Sergeant. It gives me great pleasure to comply -witli the request of the Committee, and to assure you how sincerely. I am, with the highest esteem. Your friend and servant, WILLIAM M. MEREDITH. To Charles A. Poui.sox, Esq. Chairman, ^r. EULOGIUM. We are assembled this evening, to pay a deserved tribute to the memory of a virtuous man. No custom is more laudable than that which benefits the livino^ by setting forth the example of the illustrious dead. It is a custom, on the due observance of which, de- pends much of our future public welfare. To neglect the memory of virtue is to discourage virtue. To lavish prostituted panegyric on profligacy, selfishness and treachery, would be to encourage vice. Our present purpose, is to call to remembrance the career of a man, who in all his relations, public, pro- fessional and personal, deserved well of his fellow- citizens ; who devoted great intellectual ability, great power of eloquence, and great moral worth, during a long life, to the service of his country; and who had 6 his reward in the esteem of his enemies, the love of his friends, and the confidence of all. John Sergeant was born in the City of Philadel- phia, in the year 1779. He was the son of Jonathan Dickinson Sergeant, the first Attorney General of the State of Pennsylvania. His father died of yellow fever, in October 1793, having taken that disease in the discharge of a duty voluntarily assumed by him, as one of the committee of citizens, who, during that period of pestilence and calamity, bestowed their labors, and in some cases sacrificed their lives, in the active charity which the emergency required, from the few who had the courage to bestow it. John Sergeant was educated in the schools of the Univer- sity of Pennsylvania, till the spring of 1794, when he went to Princeton College, where he graduated in September 1795. After leaving college, he entered the compting-house of Messrs. Ellison and John Perot, with the inten- tion of qualifying himself to become a merchant. Having changed that intention, in March 1797, he entered the ofiice of the late Jared Ingersoll, and commenced the regular study of the law. In July, 1799, he was admitted to practice in the Common Pleas of Philadelphia County. At that time — before the age of twenty — his active life com- menced. His advance in the profession was rapid. In 1800, soon after the first election of Governor McKean, he was appointed to prosecute for the Commonwealth in Chester County, and during that and several subse- quent years, he prosecuted also in Philadelphia County, and occasionally in the Mayor's Court of the City of Philadelphia. In 1802 he was appointed by Mr. Jefferson a Com- missioner of Bankrupts. The first occasion which afforded an opportunity for bringing into notice his remarkable ability, was the argument of a case in the year 1806, before the Supreme Court of this State, involving a highly important, and at that time with us, a novel question of law. His argument as junior counsel in that cause, drew from the Bench a well deserved and unusual compliment, and from that period his professional advancement became accelerated. He soon took his station among the foremost, and before long, in the very first rank of the Bar, where he maintained his position, during the greater part of half a century. Without naming his contemporaries of his own age, — some of whom are yet living, and with whom the ability of competition was of itself an honor — an idea may be formed of the professional stature of that day, from the names of some of his seniors, who occupied the most prominent places at the Philadelphia Bar — 8 then as always, the first in the United States. — William Lewis, Jared Ingersoll, Edward Tilgh- MAN, William Rawle, Alexander J. Dallas, and Alexander Wilcocks were then in the full maturity of life, and of professional vigour. It was among these that he was to win his way, and he suc- ceeded. Mr. Sergeant's professional career, honorable and laborious, was faithfully, diligently and successfully pursued, almost to the close of his life. It would not be appropriate here to dwell upon its details. As a counsellor, he was cautious, deliberate and safe. As an advocate, he was equally effective in addressing a jury, and in arguing a question of law before the court. His wonderful faculty of illustra- tion, the clearness and soundness of his logic, together with his earnest and unaffected zeal, rendered him powerful under all circumstances. He was scrupulously fair in his practice, and while he took no undue advantage of his adversary, on the other hand, he discarded no fact or principle, however apparently trifling, which could be legitimately used for the benefit of his client. His integrity in this, as in every other pursuit of life in which he engaged, w^as always perfect. It is not wonderful that such qualities commanded, as they deserved, success. His course as a public servant was equally dis- tinguished. In the year 1805, he was elected a member of the House of Representatives of Pennsylvania, for the City of Philadelphia — the first of a long series of tokens of the confidence and regard of his fellow citi- zens. In 1S06, the office of "Recorder of the City of Philadelphia," was tendered to him by Governor McKean, which he declined. That office had been successively held by Mr. Wilcocks and Mr. Dallas, immediately before the offer which has been referred to. Having declined a re-election in 1806, Mr. Sergeant was in 1807 again elected to the Legislature. During the session of 1807-8, he was chairman of the Com- mittee on " Roads and inland navigation," and in that capacity, reported the first act giving the direct aid of the State to internal improvements, a cause which he had always deeply at heart, and to which he never refused his assistance. The amount appropriated was nearly $200,000, and it was applied to the con- struction of turnpike roads. To us at present, the sum and, the purpose may appear insignificant, but it was the beginning of that system, which has since led to such vast results, both of expenditure and utility. The State at that time numbered scarcely more than one-fourth of its present population. In wealth the disproportion was 10 still greater. No canals had yet been completed. The Delaware and Schuylkill, and the Schuylkill and Susquehanna Canal Companies, (afterwards merged in the Union Canal Company) had been projected, and the projectors had sunk a large part of their for- tunes, in some feeble efforts towards their construc- tion. No turnpike road existed beyond Lancaster. The Western Country — the Far West — commenced at the western slope of the Alleghanies. Merchan- dise, and even salt for supplying the necessities of the few inhabitants beyond them, were transported on pack-horses. At that time the aid thus afforded to the construction of turnpike roads, trifling as it may now appear, was highly important. At the same session Mr. Sergeant introduced a bill, which was passed, prohibiting masquerades, which he considered dangerous to public morals, of the care of which he never lost sight. In 1815 he was elected to Congress, by the district composed of the City and County of Philadelphia, and County of Delaware. He was elected from the same district to the three following Congresses; the last time, in 1820, without opposition; and at the end of that term, he declined a re-election, and devoted him- self again exclusively to his private avocations. Mr. Sergeant took his seat in Congress, at an interesting period. It was the first session after the 11 close of the war of 1812, — a fortunate war closed by a disgraceful peace, — a war which had not touched the strength or enfeebled the spirit of the country, but had much damnified its finances. With the exception of a small eastern portion, the whole country was reduced to the use of paper cur- rency ; and of all the various currencies in use, in^ most of the States, that of the Government of the United States, was the most depreciated. The war had almost entirely cut oflf the revenue from customs, and the direct taxation, which had become necessary, was not only severely felt, but was comparatively un- productive. The want of convenient roads, and other means of communication, had been sorely experienced during the contest, and had not only greatly embarrased our military operations at critical periods, but had enor- mously enhanced the expenses. In fact, a large por- tion of the expense of the war, had been occasioned by. the cost of transportation. It was calculated that every barrel of flour delivered at Detroit, for the use of the army, had cost in its conveyance, not less than $60 ; and every pound of cannon ball and ammunition, at least 50 cents. Under these circumstances, it was natural, that the three leading topics of the day, should have been " the increase of the revenue," the " restora- tion of the currency," and " the improvement of the 12 internal communications of the country ;" all, subjects of sreat interest in themselves, — and of an interest heightened by the peculiar circumstances with which they were surrounded, and by the constitutional ques- tions which were raised upon each of them. Notwith- standing the revival of foreign trade after the peace, and the system of double duties, (which were to cease in February, 1816,) the actual income of the year 1815, was less than sixteen millions of dollars; while the necessary expenditures of that year, including the arrearages of the last, were estimated at not less than fifty millions. The bank notes of New York were at 14 per cent discount for specie, those of Philadelphia and Balti- more, at 16 per cent., and still further south, the dis- count was greater. The duty of arranging a new system of finance, suited to the emergency, devolved upon the Secretary of the Treasury, Alexander J. Dallas, and was fulfilled by him, in a manner consis- tent with his tried ability and known patriotism. lie proposed to reduce the direct tax one-half, to repeal the most odious of the internal taxes, — especi- ally those on domestic manufactures, — ai;id to augment the tariff of duties on imports. The tariff recommended by him, amounted on an average, to an increase of 42 per cent, above the rates preceding the war; and was arranged with 13 particular reference to the encouragement of domestic manufactures. Those manufactures had been to a great extent, called into existence, by the war; which had prevented importations, and thrown our people for the time, upon their owi\ resources of industry and enterprise, for necessary supplies. The policy of encouraging them, had been warmly urged in the President's message. Mr. Madison, in that paper, used the following lan- guage : — " However wise the theory may be which leaves to the sagacity and interest of individuals, the application of their industry and resources, there are in this — as in other cases, exceptions to the general rule. Besides the condition which the theory itself implies, of a reciprocal adoption by other nations, experience teaches, that so many circumstances must concur, in introducing and maturing manufacturing establish- ments, especially of the more complicated kinds, that a country may remain long without them, although sufficiently advanced, and in some respects, even peculiarly fitted for carrying them on with success. Under circumstances giving a powerful impulse to manufacturing industry, it has made among us a pro- gress, and exhibited an efficiency which justifies the belief, that, with a protection, not more than is due to the enterprising citizens, whose interests are now at 14 stake, it will become, at an early day, not only safe against occasional competitions from abroad, but a source of domestic wealth, and even of external com- merce. In selectinor the branches more or less enti- tied to public patronage^ a preference is obviously claimed by such as will relieve the United States from a dependence on foreign supplies — ever subject to casual failures — for articles necessary for the pub- lic defence, or connected with the primary wants of individuals. It will be an additional recommendation of particular manufactures, when the materials for them are extensively drawn from our agriculture and consequently impart and insure to that great fund of national prosperity, an independence and encourage- ment, which cannot fail to be rewarded." Mr. Dallas recommended a permanent revenue, to be raised partly by internal taxes, but chiefly from duties on imports, to supply sixteen millions for cur- rent expenses, and ten millions annually, toward the interest and liquidation of the public debt. By his scheme, imported articles were arranged in three classes. First, — those of which a full domestic sup- ply could be produced. Secondly, — those of which only a partial domestic supply could be relied on. And thirdly, — those produced, either not at all, or to a very trifling extent in this country. The first class included among other articles, cabinet wares, cordage. 15 iron castings, window glass, leather and all manufac- tures of it, and paper of every description. In the second class, were placed cotton and woollen goods, iron and many of its products, manufactures of other rfietals, distilled spirits and malt liquors. The third class included molasses, sugar, salt, coal, and some other articles. I have given some of the details of this classifica- tion, and it is interesting to observe, how vastly diflfer- ent they would be at the present day. The bill establishing the system recommended by Mr. Madison, and framed by Mr. Dallas, was reported in the House of Representatives by Mr. Lowndes, and received the active support of Mr. Calhoun, — both, men of eminent ability, practical statesmanship, and at that period, most enlarged and national views. To this system Mr. Sergeant gave, from the begin- ning, his earnest, active and efficient support. It was warmly opposed by the commert:ial interest, or rather by the interest engaged in foreign commerce, which regarded it as a blow aimed at their own well-being, not having then, any more than some have now, sufficiently enlarged their views, to understand the truth (established by all experience and history) that no country ever diminished its commerce, by increas- ing its productions. During the ensuing thirty years, some of those who had most powerfully advocated it, 16 fell off; others, who had opposed it, became its zeal- ous advocates. Men were found to prank themselves highly on their devotion to it, who, in reality, under- stood no more than that it was a good political cry ; and — probably in the uncontrolable course of events, the subject (which ought to have been kept in a higher atmosphere,) was finally thrust into the common arena of factious politics; the system was, in turn, main- tained, destroyed and restored, and became for a time, a mere foot-ball of ignorant partizans. But, during the whole period, through good report and ill report, we may feel a just pride in referring to the fact, that Mr. Sergeant continued to be a discreet, active and consistent friend and promoter, of a system which he believed to be conducive to the welfare and best inter- ests of the country. Unfortunately, however, the course of Mr. Calhoun was different on this and many other topics. A man of the highest public spirit, of com- manding intellect, of* great administrative talent, of untiring energy, and originally of the most liberal, enlarged and national disposition, who lived to see his ideas appropriated by cuckoo politicians, to find his position undermined by unworthy intrigues, his temper soured by ingratitude, and his range gradually narrowed, till instead of being a recognized leader in the advancement of the general good, he became wholly obstructive and sectional. But no disappoint- 17 ments could ever make him deceitful or treacherous. More than one jackdaw dressed very well afterwards in the feathers which he moulted when he changed his plumage. Probably history will do him justice — and them. For the restoration of the currency, and even to prevent further depreciation and absolute confusion, there were obviously no means except to return to specie payments, and as the only mode of accomplish- ing that result, Mr. Dallas recommended the estab- lishment of a specie paying bank, by the operations of which, the suspended banks might be compelled either to resume their payments, or to go out of existence. The capital which he proposed was thirty-five mil- lions, of which only twenty per cent, was to be paid in cash, the remainder in United States stock, equiva- lent to a six per cent, stock, except that seven mil- lions of five per cent, stock were to be subscribed by the Government. Mr. Sergeant desired to reduce the capital to twenty millions, but the proposition made to that efiect was not carried, and a bill for establishing the bank, passed almost in the shape in which it had been reported, having been strenuously supported by Mr. Calhoun. The institution thus created, had at first an unfor- tunate career, but having been rescued by the timely and judicious rigor of Mr. Cheves, enjoyed a long 18 course of prosperity under his able and accomplished successor, Mr. Biddle, against whose judgment and wishes, towards the close of the term of its charter, it also was finally set afloat on the uneasy waves of party, — drawn into the political vortex, and after sundry regurgitations in that whirlpool of troubled waters, at last struck, and went to pieces, on the adamantine will of General Jackson. The third great question which agitated Congress at the period of which we have been speaking, was that of internal improvements. Mr. Jefferson, pre- vious to the commercial difficulties which preceded the war, had suggested the application of the sur- plus revenue to internal improvements, and Mr. Madison, at the session of 1815-16, directed the attention of Congress to such roads and canals which could best be executed under the national authority as objects of a wise and extended pa- triotism, intimating, however, some doubt of a want of a constitutional authority. At the next session, (1816-17,) Mr. Calhoun, by great effort, succeeded in carrying a bill, appropriating the bonus of a mil- lion and a-half, to be paid by the United States Bank, and all dividends upon the Government stock in that institution, as a fund for internal improve- ments, each State to be entitled to share in the ex- penditure proportional to its representation. 19 This bill passed the House, by a vote of eighty-six to eighty-four, and the Senate, by a vote of twenty to fifteen. It received the support of Mr. Sergeant, but was vetoed by the President, on the ground of uncon- stitutionality. It has been noticed as a curious fact, that the only positive measure ever recommended during his Presi- dency by Mr. Jefferson, the great progenitor of the resolutions of '98, turned out to be, in the opinion of his immediate friend and successor, no more within the legitimate scope of the constitutional power of Congress, than were the alien and sedition laws themselves. Another topic of vast public importance, during Mr. Sergeant's early career in Congress, and on which he rendered distinguished service was, what has since been known as the Missouri question. The decision of that question has so seriously affected our subse- quent history, and its consequences, past, present and future, are so momentous, that it may not be unin- structive to recur briefly to its course. At the session of 1818-19, a bill was introduced for creating the Territory of Missouri, in which Mr. Talmadge, of New York, moved to insert a clause prohibiting any further introduction of slavery, and granting freedom to the children of slaves already in the territory, who had not attained the age of twenty- 20 five years. After a warm debate, this motion was carried by a vote of eighty-seven to seventy-six in the House. A bill for creating the Territory of Arkansas was introduced and next considered, when Mr. Taylor, of New York, moved to insert a similar restriction. The clause for liberating at twenty-five, the children of the slaves already in the territory, was agreed to, by a vote of seventy-five to seventy-three ; but the clause prohibiting the fiirther introduction of slaves, was lost by a vote of seventy to seventy-one. On the next day, the 18th of February, 1819, the clause which had been agreed to was again stricken out; and Mr. Taylor then moved to add to the bill a pro- viso, that neither slavery nor involuntary servitude, should thereafter be introduced into any part of the Territory of the United States, north of 36° 30', which was the northern boundary proposed for the new Territory of Arkansas. This amendment was so warmly opposed, both by northern and southern members, that Mr. Taylor at last withdrew it, and the Arkansas bill, without any restrictions, was passed and sent to the Senate. This motion of Mr. Taylor's was the original proposition of that compromise — of principle — which was ultimately adopted at the subse- quent session. Down to this period, the admissions of new States had been alternately slave-holding and non- 21 slave-holding. Vermont, Kentucky, Tennessee, Ohio, Louisiana, Indiana, Mississipi and Illinois had then been admitted. When the Arkansas bill was con- sidered in the Senate, Mr. Roberts, of Pennsylvania, moved to insert a. prohibition of slavery, which failed by a vote of nineteen to fourteen — several northern Senators being absent, and one from Indiana voting against it. The bill then passed without a division. The proviso which the House had inserted in the Missouri bill, against the further introduction of slaves, was stricken out in the Senate by a vote of twenty-two to sixteen. The clause for the freeing of the children of slaves, was also cancelled, receivinof but seven votes. The House, by a vote of seventy- eight to seventy-six, refused to concur in this amend- ment, and the Missouri bill, at that session, was lost. At the following session, of 1819-20, the subject was renewed. On motion of Mr. Taylor, a committee was appointed to inquire into the expediency of pro- hibiting slavery west of the Mississippi. The bill to authorize Missouri to form a State Constitution, was postponed to await the report of this committee ; but the committee being unable to agree, was afterwards discharged. Meanwhile, an attempt was'made to defer the con- sideration of a bill for the admission of Maine, which was now pending, until the Missouri bill should come 22 up, but the attempt was defeated, and the Maine bill was passed and sent to the Senate. In the Senate, a clause for the admission of Mis- souri was tacked to the Maine bill, and to that clause Mr. Roberts, of Pennsylvania, moved to add a pro- hibition of slavery, but after a lengthened debate, his motion was lost, by a vote of sixteen to twenty-seven, on the 1st of February, 1820; and, after another long debate, on the 16th of February, the union of Maine •and Missouri in one bill, was carried by a vote of twenty-three to twenty-one. Mr. Thomas, of Illinois, then moved an amendment, prohibiting the intro- duction of slaves into any of the remainder of the Louisiana cession, north of the Arkansas boundary — that is, north of 36° 30', which was in fact the com- promise clause, as afterwards finally adopted. This amendment was carried by a vote of thirty-four to ten, and thus amended, the bill was passed by a vote of twenty-four to twenty. Meanwhile, the House was occupied in the con- sideration of a bill for the admission of Missouri, on the question of prohibiting the further introduction of slaves. When the Maine bill was returned from the Senate, with the unrestricted admission of Missouri and Mr. Thomas's compromise, the amendments thus made by the Senate, were disagreed to ; the vote against the 23 clause moved by Mr. Thomas, being one hundred and fifty-nine to eighteen. Committees of conference were then appointed. Pending this conference, the Missouri Bill was re- ported to the House, with a clause prohibiting the further introduction of slaves, and was so passed, by a vote of ninety-three to eighty-four. On the second of March, the Senate sent back this Missouri Bill, with the prohibition of slavery struck out, and Thomas's proviso inserted instead; at the same time, the Committee of conference reported a recommendation to the Senate, to recede from their amendments to the Maine Bill, and asked the house to pass the Missouri Bill, as it had been last returned from the Senate ; and finally the clause prohibiting slavery, was voted out of the Missouri Bill, by one hundred and thirty-four to forty-two. During these discussions, on the ninth of February, 1820 ; the question then being on the amendment, pro- posed by Mr. Taylor, Mr. Sergeant delivered one of the best reasoned, and most able speeches, that has ever been heard in the Hall of either House of Contjress. It has almost exhausted the argument in favor of the prohibition of slavery in new states and territories, and it was no small token of the respect and esteem which was then entertained for him, (although comparatively but a young member and a young man) that he was 24 selected and pitted as the champion of the North, against the best abilities of the able and experienced members, who maintained the opposite doctrines. That speech remains, and is still a store-house from which materials are habitually drawn for the dis- cussion and exposition of the subject. Thus Mr. Thomas and Mr. Taylor, between them, had the honor of originating this compromise ; Mr. Sergeant, the greater honor of opposing it. It was a measure so indefensible in itself, so fraught with injury to the whole country, so politically unjust to a large por- tion of it, and has been so fruitful of subsequent similar derelictions — so periodically prolific of an accursed brood— that the friends and townsmen of Mr. Sergeant may feel a just pride in the recollection of his determined hostility to it. Mr. Sergeant's efforts, were also directed to pro- mote the establishment of a bankrupt law, for the relief of the commercial classes, a subject which he had deeply at heart, and to whidi his exertions were devoted, both then and at a later period. This brief recital will show, by what legitimate means, by what faithful discharge of his duties, by what conscientious adherence to his principles, Mr. Sergeant earned that distinction, in his early career in Congress, which gave him from that period, a national reputation. The just influence which he 25 ultimately acquired in that body, may be illustrated by the fact, that, on one occasion, when a bill for establishing a Lottery had been introduced, he, by a few words, not only defeated the bill itself, but so effectually awakened the feelings of the House, that they ordered a Committee to bring in a bill to prohibit altogether the sale of Lottery Tickets in the District of Columbia. Active as he was on the higher and more general questions which were presented, he never neglected those which were locally important to his constitu- ents. The Bill for constructing the Break-water ; the Bill for the erection of a new Mint ; the Chesapeake and Delaware Canal Bill ; afford a few of many in- stances, which prove how true and faithful, was his regard to the interests of the District which he repre- sented. In 1826, Mr. Sergeant was appointed by the Presi- dent, (Mr. Adams) Minister from the United States, to what was commonly called, the Congress of Pan- ama; which was expected to meet at Tacubaya, in Mexico ; and to be composed of plenipotentiaries from the various states of North and South America. The disturbances in South America, about that time, prevented the assembling of the Congress, and Mr. Sergeant returned to the United States in July, 1827. The policy of Mr. Adams in sending a Minister to 26 that Congress, was an enlarged one, whatever doubts might have been entertained of the practicability of carrying it out. His hope was to establish by formal negotiations, and the assent of all the states on this continent ; " an American system of maritime and inter- national law,'''' by which the abuses that had grown up in the European systems, might be disavowed, and their practice checked, so far at least as regarded this Continent and the American seas. Mr. Adams — himself a learned civilian, a tried and experienced statesman, and long trained in the best school, and formed upon the best models — could have paid no greater compliment to any man, than his selec- tion to represent the United States, upon an occasion so interesting, and upon questions so vast, compre- hensive and important. That compliment was deservedly paid to John Sergeant. In 1832, Mr. Sergeant was taken up as the whig candidate for the Vice-Presidency. In the autumn of 1836, an opportunity was offered to his fellow-citizens, of conferring another distinguished mark of their confidence, by electing Mr. Sergeant a member of the Convention, then about to be held for amending the Constitution of Pennsvlvania. That body assembled in May, 1837, and Mr. Sergeant was 27 chosen President, and discharged the duties of that office, till its final adjournment, in February, 1838. He entered freely into the debates on the important subjects, which occupied that body during the term of its session. Time will not permit a detailed reference, either to the subjects on which he spoke, or to the views which he expressed. In all, he maintained the same fidelity to the prin- ciples which he had avowed previous to, and at the time of his election, which always distinguished him, when acting in a representative capacity. His speech on the Judicial tenure, may be refer- red to, as containing a remarkably clear and forcible exposition of the doctrines and principles which he held and maintained on that question. In 1840, Mr. Sergeant was again elected to Con- gress, from which he retired in the year 1841. On General Harrison's election to the office of Pre- sident of the United States, he was tendered a place in the Cabinet, but refused the offer, and shortly after- wards declined the appointment by Vice-President Tyler to the mission to Great Britain. His last pub- lic official function was fulfilled in 1847, when he was selected on the part of the United States by Mr. Marcy, then Secretary of War, as an Arbitrator, to determine the controversy then existing between the United States 28 and Delaware, as to the title to the "Pea Patch Island," and which was definitely settled by his award. This contracted and imperfect sketch of his public services, by no means affords a view of all his labors for the public good. His activity in the cause of internal improvement^ was constant and unwavering. He was appointed one of the Board of Canal Com- missioners, under the Act of 1825, and was the Presi- dent of that Board till the period of his departure for Mexico, in 1826. In the cause of charity, he was never appealed to in vain. He was connected with many of our most worthy charitable institutions, and in some of them, took a more active part than might have been thought consistent with his various public and professional occupations. He acted as President of the " House of Refuge," from the date of its establishment; was also Presi- dent of the " Apprentice's Library Company," and for many years there was in this city, scarcely a meeting for any worthy public object, to which he was not invited, and none which, when invited, he refused if able to attend. During all this period, he was en- gaged laboriously, in a laborious profession, "^Ze/er- mined^^'' to use his own language, " to maintain his independence by his own exertions.'''' 29 A few extracts from his correspondence, at different periods, will exhibit more faithfully than could any description, the tenderness of his sensibilities, the kindness of his heart, how sincerely he was devoted to the promotion of the welfare of his country and of his fellow men, and how humble and true were his religious feelings. In May, 1817, he writes from Paris, referring to the domestic affliction of a friend, as follows : " I should not have known what the affliction was, which my friend had been called to suffer. I suppose there must be some previous letter, that has not yet come to hand. I have written a few lines to him. But what a task ! When. I think of the loss he has sustained, the tears come into my eyes and I am unable to write. Why did I leave home ? May He, who rules the Universe in justice and in mercy, give the sufferers consolation and support." He thus describes an interview with Mr. West, the artist, during the same visit to Europe. " On Sunday, Mr. West paid us a long visit, which was a most particular attention, as he is not expected to take the trouble of returning calls. His conversation was, as usual, full of interesting anecdotes. In the course of it, he related to us the 30 particulars of his interview with Bonaparte, a part of which I have somewhere seen in print. During the peace of Amiens, Mk. West made a visit to Paris, where, you may remember, the news- papers informed us, he was received with the distinc- tion due to so eminent a man. He was introduced to Bonaparte, then first Consul, in the gallery of the Louvre, a very appropriate place, for the introduction of a great artist, and accompanied Bonaparte in his walk through the gallery. Now, you shall have his own narrative, as nearly as I can give it. " The busts were all arranged in a long line. As we passed along, Bonaparte did not speak a word, till we came to that of Washington. He stopped in front of that bust, folded his arms, and fixed his eyes steadily upon it, as if in profound thought. After some time he turned to LeBrun, the third Consul, and said aloud, with a good deal of energy and feeling : — ' I had rather be that man, than any one that ever existed." I felt (continued Mr. West) the color flush in my face, and if I could have ventured to speak my thoughts, should have said to him — " You have now an oppor- tunity to imitate the example of Washington." In another epistle, after describing his visit to the field of Waterloo, he proceeds thus, to convey an idea of the feelings which the scene had excited in his mind. 31 " At this spot, a warm imagination might perhaps for a moment, conjure up the scene of battle, but for myself, I must confess that when I surveyed the whole space, which had been occupied for the work of de- struction, when I saw it all calm and tranquil, and the beneficent works of Providence going on as if they had never been interrupted, one single reflection occu- pied my mind. I thought only of the feebleness of man's mightiest efforts, compared with the majestic course of nature. " He can destroy his own works effectually, as the farm of Huguemont testifies, but he can scarcely make the print of his footstep upon the earth. " I have often felt my own insignificance. I have felt it particularly at sea, when the unlimited expanse of sky and water, made the ship appear like an atom, but I never felt it so strongly as at Waterloo." In 1827, he writes from Mexico. " My life here is a good deal solitary. It would be intolerable, but for books, and for the hope I cherish, that I may be the instrument of some good to our beloved country, and to mankind." Again — " You may suppose I am badly off — and so I am in truth. I have no resource but in reading and study. Last evening (Sunday) I read the whole of the Gospel by Mathew, and I hope one fruit of my residence here will be, a better acquaintance with that 32 good Book. I must also say, the Book of Common Prayer is a consolation to me, especially on Sundays, which you must know are perverted here to strange uses. " It is a miserable thing, to be without a place of worship on Sunday; I try to mark and keep the day by reading my Prayer Book and Bible." And again — " What I long for is a Sunday at home. The quiet, order, and cheerful stillness of that day, the cleanly and becoming appearance of the people, the excellent character and conduct of our clergy, and the general repose, prepare one for the beautiful intro- duction of the church service. ' The Lord is in his holy temple, let all the earth keep silence before him.' But here it is a day of tumultuous dissipation, more noisy than any other in the week, unless it happen to be a great feast, and that is exactly like a Sunday." These extracts show the earnest zeal and sincerity with which he referred all that was good in morals here, to the true source of authority, — the divine PRECEPTS, — and to the true motive of their practice — loyalty to the author of those precepts, and the expec- tation of happiness hereafter. The theory of his whole life, may be found in an extract, from an ad- dress delivered by himself, many years since. " If we would know the full worth of integrity, we must lay aside all other judgments, and each for him- 33 self conscientiously consult his own, first endeavoring earnestly to enlighten it. What will it tell hiin ? Man is a portion of eternity. Not a fragment broken off and thrown upon this earth, here to begin and end, but an abiding portion of eternity. The links which bind him to it, he cannot break. " They are his virtues or his vices. These, with right exertions, he can control. He cannot, by any efforts of his own, excel in intellectual power. He cannot acquire riches, he cannot achieve greatness, therefor he is not accountable for the w^ant of them. But he can be good or bad, and upon this capacity it is, that his accountability rests, and according to it, is to be his destiny." To this beautiful passage it is to be added, that he did excel in intellectual power ; that he did achieve a distinguished position; that he did for a long series of years, and to the time of his death, enjoy the confi- dence and esteem of his fellow citizens, and the ffene- ral public. Through hfe he fulfilled all public functions faith- fully and sought none unworthily. He maintained his personal independence by an honorable attention to his own affairs, and thus gave the strongest pledge of fidelity in the management of others entrusted to him. He regulated his expenditure^ by his means, and never 34 stooped to receive dishonest gain or eleemosynary assistance. By bis inflexible integrity, not less than by his eminent ability, he added lustre to Pennsylva- nia, and richly earned the honors which are now paid to his memory. LIBRARY OF CONGRESS 014 312 438 1