E263 .P4C7 LIBRARY OF CONGRESS DDDDSTDbflbS '^bv^ ^^ ^Wi t^ ^"TT.'-- 0,-^'' V <^. 'o V" .0 ^""^^ 0' 'b V" r^^wm ^^-r^^ '^ ^. ^,^ 0' 4 o^ x^ Hq. ^^'V ^g?^^ '\. c,^"^' /. .^" ,0 >pu A <'. -*i, •,■-.»■•', ^ . O^ a " • .HO,. vO-r, A v.- 'f'j.rS ''7 a C, ^• ^^ ^ " * " ^I*' t:'. ^■^ " " O V V/;^ °- ';> \^ ^0 ^c^ ^^rr.-'- . ^0 f ^'^f^. %/ .-^'^ %/ :^ ,-^^ . ^ % ,0 i.y>^^^^" H o. ■^^ . " » o , ^^/^<^- A'.-' '.'^^^^^V '^... A=^,. *,^^fe^: ,v^ :%; '■S'. ^^'■' ii.i/^'^,- K^ u V, "^ ^y a'^ CELEBRATl ON isiml ^adtii 0f IpOTSgfcaraa, 170th anniversary OF THE LANDING P E N N. BY ROBERT T. CONRAD, PROCEEDINGS AT THE DINNEE, NOVEMBER 8th, 1862. PRESS OF THE HISTORICAL SOCIETY. 18 5 3. A D D 11 E S S DELIVERED BEFORE THB HISTORICAL SOCIETY OF PENNSYLVANIA, '^'Oj^^ll AT THE CftA^' FIRST CONSTITUTION AND GOVERNMENT OF THE STATE OF PENISYLVAIIA. ROBERT T. CONRAD. V r II I L A D E L P H I A : K1.\G A BAIRD, PRINTERS, No. 9 SANSON STREET. 185 3. ADDRESS. In commemorating the landing of Wm. Penn upon our shores, the scene conjured up by the blended spells of memory and imagination, for the mirror of each reflects the other until the images of both are indistinguishably mingled, is one not only of picturesque but philosophic interest. We see the good ship Welcome moored within the shadow cast by the lofty pines upon the clear waters of the vast, the silent and solitary Dela- ware. A boat, urged by eager and sinewy arms, seeks the shore ; and its voyagers regard, with an admiration akin to awe, the spectacle before them. Nature, in her own still, un- startled solitude, is ever sublime. The grand old forest, stretch- ing to the Pacific and embosoming the homes of future empires, rose darkly against the bright, autumnal sky, towards which the smoke of distant Indian fires, curling above the pine tops, slowly ascended. But, even then, the dominion of the primeval forest had been disputed ; and the low-roofed cottages of the blue-eyed Swedes dotted the clearing. Upon the shore, were gathered those sons of the north, sturdy and stalwart, their bronzed cheeks glowing with joy, and their hardy hands up- raised in welcome ; and beside them, the gentle but heroic partners of their woodland life, awaiting, with weeping delight, the strangers who, though not of their country or kindred, had still been wafted hither by the gales that swept from the father land and whispered of home. Near them, were groups of imperturbable Hollanders ; of silent Indians, gazing on with a listlessness half stoical, half stolid ; and of Quakers, the pre- cursors of the newly arrived, whose eager eyes pored upon the approaching forms, and whose pallid lips moved with earnest but uuuttered thanksgiving. The boat soon grated upon the gravelly beach; and the first to leap joyously ashore was William Penn. The Founder of Pennsylvania was then in the , primy youth of manhood ; and his noble form was gracefully attired in the elegance which distinguished the courtiers and cavaliers of Charles II. His fine countenance glowed with health and hope and pleasure. Just escaped the ship-board companionship of a fatal and loathsome pestilence, it is not strange that his spirit exulted in pressing the soil upon which he based so lofty a structure of benevolent and holy hope. Nor have that moment and its associations less interest for memory than for anticipation, for the posterity of those pil- grims, for us, than for them. From that hour and that scene, started events and destinies that will be studied throughout all time. We may imagine that, before the prescient eye of Penn, that dark wilderness faded away, like the shadows of a long night ; and, in" its place, he saw hamlets, villages and cities : millions thronged the land ; the songs of happy toil were heard along its river sides ; and the hymns of humble devotion arose from its thousand hills. That Wm. Penn was no dreamer, or that if he dreamed, his visions were those of the prophet, is shown by triumphs beyond the mere success of the colonizer. Looking through the memorable origin of his community, we see not only an empire rising upon that solitary shore ; but? extending the view, Ave behold the great cause of Federative Freedom emerging from the wave of revolution, the young world grappling successfully with the old, and a structure of government erected securing universal education and liberty, and changing the aspect of the world and the destinies of time. The colonization of North America was, from the condition of Europe, necessarily successful. The Western wilderness was the Paradise of insane Hope, the unfallen world in which every error of time-stricken Europe was to be corrected, every evil overruled, and every expectation realized. But " Ccelum, non animiim mutant, qui trans marc currunt." The cu.rse of a fallen nature, of erring opinions and perverted passions, crossed the water with them ; and many a heart, strung to its utmost tension with idle and extravagant expecta- tion, broke "\vith the bursting of its bubble hopes. Of those who sought to work out, upon the unblotted desti- nies of a new world, their theories of human improvement, the loftiest yet the meekest, the most etherial yet most rational, was "VVm. Penn. It was his sublime hope to raise here, where we stand, a temple to human happiness, in the structure of which the harmonies of primitive Christianity should unite with political and practical necessity. The laAv of love and peace, the rule of unresisting benevolence, had its disciples before Christianity was strong enough and stern enough to wield a sword : but that blessed era soon past ; religion clasped the crimsoned palm of war ; the cross floated nowhere so proudly as over battle fields, and the dying warrior — so died Peruvian Pizarro — dipped his finger in his own heart's blood, traced the sacred symbol on the earth, kissed it, and perished smiling. And this ferocious perversion was the world's law and the world's glory. Yet the meek and mighty Founder, even in such a world, dared to build an altar to peace. The scene, the circumstances, the subjects, all, were favourable to the experiment ; and it was directed by his own energetic na- ture, and clear, practical mind. But, did it succeed ? It is a great, a noble triumph that it did not utterly fail. It was suc- cessful, so long as the principles under which it originated were adhered to ; and those principles were cherished, and governed the colony, for a sufficient period to vindicate the practicability of their application to government, and to prove their inesti- mable and divine influence. But the very prosperity and happiness which they induced encouraged immigration ; and immigration crowded the colony with spirits and influences fatally hostile to the original design of Penn. Its partial failure establishes nothing against the principle proclaimed. On the contrary, the world owes much to its authors for the example it aff'orded and the truths it taught, truths which are divine and eternal, and whose eventual and everlasting triumph is an article in every good man's faith. Even now, from the fragments of that crumbled structure, the world is gathering lessons of wisdom and benevolence, which are gradually in corporated witli the polity of nations, to impart stability to peace and mercy to war. Our commonwealth boasts no possession so radiant and priceless, as the memory of the wisdom, purity and piety with which the Founder and his brethren illustrated the sinless annals of infant Pennsylvania. Scarcely had Wm. Penn withdrawn from the colony, before the smouldering fires of faction burst into open flame — a flame never after extinguished. Bitterly did he lament this, and it is afflicting to know that even his name must be numbered with the host of the world's benefactors who have wept over the world's ingratitude. "When," he says in a letter written some time after his return to Europe — " when I reflect on all these heads, of which I had so much cause to complain, I can- not but mourn at the unhappiness of my portion, dealt to me from those of whom I had reason to expect much better." Alas, that such a spirit should have been taught " How sharper than a serpent's tooth it is To have a thankless child." The charter finally granted by Penn to the colony, secured it the largest liberty consistent with its connexion with the crown and the proprietor. The assembly, elective by the people, met annually and sate on its own adjournments, the executive having no power to prorogue it. Charles Thompson was correct in stating that, in her charter, "Pennsylvania had a great advantage over the other Colonies." Under this liberal constitution, the entire freedom of discussion induced numberless subjects of disputation, which rose, like clouds raised by the gusts of summer, changed with the moment, and passed away forever. Idle feuds and petty faction ensued, to record which — borrowing a figure from Milton — would be a sun- prcfitable as to watch a\id describe the quarrels of rooks and Idtes. Courts, subsidies, paper money, the militia, &c., were the fruitful subjects of party contention. In the course of these, the original peculiarities of the government speedily dis- appeared ; its justice and honour were lost in the paltry fraud of the Indian walk, and its humanity forgotten in the horrid ofi"cr of premiums for Indian scalps — fifty dollars being paid by John Penn, the grandson of the Proprietary, for the scalp of every female above the tender age of ten years. But the great issue was that between the Proprietaries, with their baronial manors and feudal prerogatives, and a people jealous of their rights, and sudden and quick in political quarrel. Dr. Frank- lin was sent to England on this subject ; and the assent of the crown was procured to the taxation of the Proprietary estates. It is easy to recognize, in these civil contentions, the palestras where the moral sinews of the colonists were trained for the great struggle that soon ensued, on the right of the imperial government itself to tax the Colonies. The spirit that had so long combatted against provincial usurpation, aroused itself, with resolute alacrity, and prepared for this more momentous contest. As it is my desire to sketch — it must be very imperfectly — the formation, character and history of our first State Govern- ment, it is proper to present some view of the parties and events of the revolution from vrhich it arose. Of that revolution, perhaps I may be permitted to remark that the independence of the Anglo-Saxon colonies was clearly inevitable ; and that the result was, by the policy of the parent, merely, and not greatly, hastened. The " destimj' of this people has been so often associated with ideas of grotesque ex- travagance, that to utter the word is to provoke a smile ; yet the gravest student must be struck with the fact, that the country has, from its earliest periods and in all its indications, borne the significant impress of a future of empire and great- ness. The elegant fictions of Livy do not more naturally foreshadow, in the infant Rome, the future sovereign, than docs historic truth indicate a gigantic future (whether of good or evil) in the birth and development, the strange energies and acquisitive instincts, of these colonies. When the powers of Europe prepared to enact their parts on this hemisphere, their plans were grand as the stage upon which they were developed. The attitude and views of the three great competitors for empire in North America, in the time of Louis XIV., are full of interest. The prize was appreciated ; for already the energies of the Anglo-Saxons had 8 given to it the impress of greatness. The enterprize of Spain seemed exhausted ; and her policy therefore was defensive, as ■with a hand, already trembling with the paralysis that has long since withered it, she gathered her colonies to her bosom, and looked askant, upon the infant giant stretching its yet feeble limbs along the Atlantic shore of the North. She had, before this, viewed the English colonies with apprehension, and opposed them with solicitude. It is not generally known, that the early misfortunes of Virginia are, in part, to be ascribed to this cause. Gondomar, the Spanish minister at London, has left on record his conviction, that the superior energy of the English Colonies in America would endanger those of Spain; " for," said he, "should they thrive and go on increasing as they have done, my master's West Indies and his Mexico would shortly he visited hij sea and land, from those planters in Virginia ;" and in 1G48, he succeeded, by his intrigues at the British Court, and by the lavish expen- diture of treasure, in preventing aid or additions going to the relief of the struggling settlements in that colony. Nei- ther the prescience nor the power of Spain was of avail to avert the destiny so clearly foreseen ; not an acre remains to her of the American world which once acknowledged her as mistress ; and it is remarkable, that, precisely two hundred years from the date of Gondomar's intrigues against the Eng- lish Colonists, their descendants were entering the Spanish City of Mexico, as conquerors. Nor was France blind to the same rising power; but she adopted a different policy to check it. Her scheme of aggran- dizement was bold and grand ; and, had it succeeded, would have built up, in the new world, an empire mightier than France herself. Possessed of the north and west, she hemmed in the English. Looking down upon their settlements, from the heights of Abraham and the cliffs of the Alleghenies, she said, to the advancing wave of British power — Thus far! while her nominal sway extended southward to the Gulf, and westward to the Pacific. Had France retained and peopled this une- qualled empire, the destinies of the world's future would have been changed. But this, under any circumstances, was impos- 9 sible. From the iSrst, the Anglo-Saxons of America had iresolved that no such barrier should stand in their path to em- pire. Before a white man had entered the forests of that iboundless west, tlie sjnrit of the Colonies possessed it. Their mighty plans needed it, for their expansion ; and had England's jealousy of France not aided the Anglo-Americans to wrest it from the French, their own right arm would have achieved it. The French probably realized this, or they would not have yielded so readily their American possessions. Certain it is, that they had a truer appreciation than the English themselves, of the character and destinies of the chainless people that was gathering and growing on this continent. The Abbe Raynal was familiar Avith these facts and the views they suggest ; and, before the American revolution, predicted the destiny of (I quote him) " the American provinces, the asylum of freedom, the cradle of future nations, and the refuge of distressed Europeans." The Count do Vergennes, Louis XVI.'s minister of Foreign Affairs, in an elaborate State paper, written during lour revolutionary struggle, predicted from the energy and lambition of the Anglo-American character, that the colonies ivould overspread and absorb all North America. The policy )f France, in promoting the independence of this country, was [■indicated and confirmed by the far-sighted views of Napoleon, ho assigned, as his reason for the sale of Louisiana, the ad- antage of anticipating the circumstances that would inevita- y make the United States the mistress of it. England, alone, was ignorant and indifferent in regard to r Colonies, except when the theme was involved with her ropean policy. She was ever a step-mother. She left the ^developed community of which she was the parent, as the Ctrich leaves its egg in the wilderness, with no nurse but na. ti-e, no guardian but necessity. Dr. Johnson's argument in Ization no Tyranny, that the tribute of a colony to its father- ed was the duty of a child to a parent, in return for existence ai protection, never applied to these colonies ; for their parent amdoned her progeny. They were peopled by oppression, fobred by adversity, and grew up, not by England's aid, but inlngland's despite. The variety of causes that induced the 10 settlements is shown by the diversities of their character ; foi it is difficult to realize, that the grim Puritan of New England and the gay Cavalier of Virginia, the Dutchman of New York and the Quaker of Pennsylvania, the Catholic of Maryland and the Hugenot of Carolina, were people of the same empire. But, differing in all else, they agreed in the energy of progres- sion, in the instincts of territorial acquisition, and in the assi- milation of the various masses into one homogeneous people. Their pioneers, the avant couriers of civilization, left millions of better acres behind them ; but they never left their country — they carried that country with them. Ever advancing and never receding, making every step they occupied their own, and the plough and the surveyor's line the companions of the rifle in the farthest wilderness, they yet never ruptured, never strained, the tie that bound them to their great, young country. Whatever may be their political divisions into states, there never was a people more intensely national. Union was the object of anxious aspirations when intercourse and commu- nications between the sections were next to impossible. Long before the revolution, long before the proposition of Dr. Frank- lin, union was a darling object. It was recognized, as inter twined in the thread of destiny by which they were draw) on to greatness. As early as 1697, the bold and origins genius of Vfilliam Penn — the author of more valuable improvf ments in government and jurisprudence than any legislator t modern times — devised, and submitted to the English Cover? ment, a scheme for " the union and safety " of the Colonic. He proposed that a " Congress," such is the title used, f delegates from each province should meet annually or oftene, over which " the King's Commissioner," should preside ; ad that the Federal Government so formed should have power o adjust all differences between Province and Province, as in ca:s of absconding debtors and fugitives from justice ; to regu'te commerce ; and to levy quotas of men and charges for the To- secution of war, at which time the King's Commissioner shdd act as Commander in Chief.* The wisdom of the schemeias ■* Address of Edward Armstrong, Esq., before the Historical Sociy of Pennsylvauia, 1S-3I. 11 been approved by our own experience ; for its cliief features may be recognized in our National Government ; and the effi- ciency of the provision made for war exhibits, in a novel light, the practical sagacity of its pacific author. As Penn's scheme was not given to the public, it is remarkable, and indicates a singular concurrence of views, that a similar plan was not long after formed. In 1722, a more full and complete scheme of union w^as matured and published. I have examined a " Deseriptmi of the English Province of Oarolana, by Dan. Coxe, Esq., written about the beginning of the eighteenth century, which recog- nizes the magnificent future of the Colonies, and recommends a wise and efiicient project of union, which would, if anything could, have saved the country to England. The work seems to have escaped the researcli of historical enquiries ; and as there are probably but few copies now in existence, I do not hesitate to give the heads of the plan in the words of the author. He proposes " That all the Colonies pertaining to the Crown of Great Britain on the Northern Continent of America, be united under a legal, regular and firm establishment ; over which it is proposed a Lieutenant or Supreme Governor may be constituted and appointed, to preside on the spot, to whom the Governors of each Colony shall be subordinate. It is fur- ther humbly proposed, that two deputies shall be annually elected by the Council and Assembly of each Province, who are to be in the nature of a Great Council, or General Conven- tion of the Estates of the Colonies ; and by the order, consent or approbation cf the Lieutenant or Governor General, shall meet together, consult and advise for the good of the whole ; settle and appoint quotas or proportions of men, provisions, &c., that each respective government is to raise for their mutual defence and safety, as well as, if necessary, for oifence and in- vasion of their enemies ; in all which cases, the Governor General or Lieutenant is to have a negative ; but not to enact anything without their concurrence, or that of the majority of them. The quota or proportion as above allotted and charged on each Colony, may, nevertheless, be levied and raised by its own assembly, in such manner as they shall judge most easy and convenient, and the circumstances of their affairs will per- 12 mit." This important measure foreshadowing our confederacy is urged with statesmanlike ability and eloquence. Thus early was union cherished, not merely from policy and necessity, but instinct and nature. Instinct and nature will forever maintain it, even should the necessity cease and the policy be forgotten. It is blended inseparably with that spirit which is a destiny, or which makes a destiny ; which, in the revolution, after the Colonies were united, [though by a rope of sand, for a rope of sand was suiScient to unite them,] made every effort conti- nental, and gave to all, the title " Continental." Ours was the " Continental Congress ;" it was defended by the " Con- tinental Army;" which was paid, a sorry payment it must be confessed, with " Continental money." Nor, when the govern- ment was established and the country prosperous, was it reason, so much, (though good reasons there were), as an overruling impulse, that improved the first season of security to make the pathway of the sun the pathway of our empire, and — Louisiana our own — to exult that it beamed upon no America, in our latitude, that was not covered with the flag of our country. No necessity, no need, added Florida. It fell upon the breast of the republic from its natural gravitation, as the fruit falls to the bosom of the earth wdiich nurtured it. And impulse, more than calculation, has produced those subsequent results that still urge our country on to the consummation which, from the first, has been inevitable. No ordinary view of human interest can explain the exodus, across a continent, of tens of thousands; urged by no need, lured by no promise; encounter- ing hardship and peril and death, in the most frightful shapes ; and encountering them voluntarily and cheerfully, amply rewarded by the privilege of planting our flag upon the Pa- cific. I repeat, if this he not destiny, it makes destiny. The position of Philadelphia at the origin of the revolutionary strujxgle was influential and commanding. She was the literary, political and commercial metropolis of the colonies, and her high character at home and abroad sustained the influence conceded to her superiority in wealth and population. She was, in addi- tion, the home of many of those master spirits who formed and directed public opinion in tlie revolutionary crisis ; and her 13 moderation and loyalty, lier calm and sturdy fidelity, gave a graver power to the councils of her Franklin and Dickinson, her Reed and McKean, her Yv^ayne and Morris. Nor should it be forgotten, that her geographical position and physical advan- tages then, as since, added to her importance; and that her agricultural resources were relied upon, not in vain, to supply subsistence to the masses which the crisis might call into the field. At first, the opposition to Parliamentary taxation was univer- sal in Pennsylvania. The recognized rights and interests of all were assailed ; and as opposition originally involved neither dis- loyalty nor danger, all united in it. Even the Proprietary influ- ence was tiirown into the popular scale. As the contest advanced, however, many paused and remained neutral, while others reverted to the cause of the crown ; but a majority, finding them- selves involved in the current, and feeling that " returning were as tedious as go o'er," braved the uttermost of rebellion. These shrank from no duty nor sacrifice ; and their action, at first calm and guarded, became more and more decisive as the strug- gle progressed. The writings and addresses of the leading citizens exercised a deserved influence. Franklin represented the colony in England, and his letters, enforced by his trans- atlantic reputation, did much to stimulate the people. John Dickinson also contributed greatly to the opposition. His clear and vigorous reasoning was conveyed in a style of eloquent and elevated simplicity ; and his views were recommended by the sincerity and purity of his character. Though a devoted patriot, he was cautious and deferential to authority ; and while preparing the public mind for independence, shrank from the result he aided to produce, lie prepared the mine, but would not fire it. The author of " The American Loyalists" pro- nounces the conduct of John Dickinson " a perfect riddle." There was no actor in the revolution whose life and character are more direct and transparent than those of John Dickinson; and unless candor and honesty be " a riddle" there is nothing in his conduct mysterious. "When he professed, in the congres- sional documents which extorted the admiration of the world, his loyal attachment to the connexion with Great Britain, he 14 meant what he said. If others were, at the very moment they uttered those sentiments, preparing the Declaration of Inde- pendence, the merit or the fault was not his. He was con- sistent throughout ; nor was there a man in our public councils whose integrity, courage and devotion were more unquestiona- ble or less questioned. The rules of his political life, as de- clared in Congress and sternly adhered to, were as follows : — " Two rules I have laid down for myself throughout this con- test, to which I have constantly adhered and still design to adhere. First, on all occasions where I am called upon, as a trustee for my countrymen, to deliberate on questions important to their happiness, disdaining all personal advantages to be de- rived from a suppression of my real sentiments, and defying all dangers to be risked by a declaration of them, openly to avow them ; and secondly, after thus discharging this duty, whenever the public resolutions are taken, to regard them, though opposite to my opinion, as sacred, because they lead to public measures in which the common weal must be interested, and to join in supporting them as earnestly as if my voice had been given for them." In striking contrast with the caution and conscientiousness of Dickinson's character, is that of another champion of the popular cause. I refer to Thomas Paine, a man of few claims, on any score, to the respect of so- ciety, but whose vivid appeals to the people, though greatly overrated, especially by himself, were opportune and influential. It may be observed, that neither his mind nor his morals secured him the esteem and confidence of the pure and lofty leaders of the revolution ; that his energies, whenever they emerged from the slough of his ordinary life, were engaged in the task of de- molition ; and that his name and character, like curious prepa- rations in arsenic, have only been embalmed to the execration of posterity in the poison of his subsequent productions. The renewed attempt of 1768, to collect revenue from the colonies, was energetically resisted in Pennsylvania. A great meeting was held, and a "non-importation agreement," was adopted which had all the force of law. When, shortly after, the City of New York — the only colony false to the country in this crisis— basely betrayed the patriot policy by violating the agreement, Philadelphia resolved to hold no commercial in- tercourse with her. The assembly also recommended an union of the colonies and a concert of action ; and, about the same time, directed their agent in England to protest against taxation, even with the right of representation conceded — a measure dis- playing profound wisdom ; for parliamentary representation would have been but a shadow, and the concession would have led to the crushing policy v/hich has made Ireland a deso- lation. The first steps of the revolution now followed each other in rapid and decisive succession. The mind of the country was pre- pared to resist aggression, and aggression soon invited resist- ance. The port of Boston was closed ; and Pennsylvania, then, as ever, generous in her devotion to her sister communities, placed herself by her side, assuring her of her sympathy and aid. A meeting of 8000 persons was held on the 18th of June, 1774, at wliich a Provincial convention was called on the 15th of July. The convention accordingly met, and instructed the As- sembly to appoint Delegates to a Congress. It was obeyed by the Assembly ; and the fact is important, as affording the first evidence of the insufficiency of the Provincial charter, to meet the expectations of the party of movement, and as disclosing the disposition to erect another and a revolutionary government, at first to control, and then to supercede the Assembly. From this time, we seethe public authority frequently confided in more than one deliberative and executive body ; and though the pre- sence and pressure of a common peril and purpose induced con- currence and harmony, yet factious jealousies were necessarily engendered. The first Congress met in Philadelphia, September 5, 1774. Mr. Dickinson uttered its language, which was firm but con- ciliatory ; bolder spirits controlled its action, which was hostile and decisive. In the succeeding October, the Assembly con- vened, and seconded the course of Congress with all the zeal that could have been required, notwithstanding that a majority of its members were Quakers. Governor Penn, who seemed successful in maintaining a prudent neutrality, presented to the Assembly overtures for a compromise, which, while it left Par- 16 liament the power to demand revenue, conceded to tlie colony the poor privilege of collecting it. It was rejected upon the generous ground, characteristic of the Keystone, that to accept it might injure ths common cause. The Assembly also recog- nized aad approved the defensive association of the people, and adopted measures for organizing, arming and paying a Provin- cial army. Still, it may be doubted whether that body fully met the expectations of the people, for on the 23d of January, 1775, another Provincial Convention was held. Its proceedings were vigorous; it seconded the action of Congress, encouraged manufactures, constituted the Committee of Safety and Corres- pondence, and provided for the call of another convention. The succeeding Spring saw the first blood spilt in America, on the altar of liberty. The inevitable issue of arms was pre- cipitated and the irreversible decree of separation pronounced. The realm was as irrevocably divided as a continent torn asun- der by a convulsion of nature ; and an ocean of dark memories and feelings rolled between the sundered countries, wide and deep and everduring as the Atlantic. The Assembly of Penn- sylvania met again in October, and its members comprised many distinguished patriots ; but, though it 'adopted energetic mea- sures of preparation for the impending contest, it excited deep and general discontent by its instructions to the delegates in Congress. Among other things, it used the following language : "though the oppressive measures of the British Parliament have compelled us to resist their violence by force of arms, yet we strictly enjoin you, that, in behalf of this colony, you dis- sent from and utterly reject any propositions, should such be made, that may cause or lead to a separation from our mother country, or a change of the form of government." The last act of the session was a vote on the question whether these instructions should be altered, when it was, says the journal " carried in the negative by a large majority." That vote scaled the fate of the charter government. The altered condition of affairs, when the country found itself confronted with actual war, naturally excited new feelings and opened new views. Hostilities, though they appalled the feeble, only exasperated the bold; and while the former shrank 17 back, tlie latter advanced still furtlicr. Plirases of loyalty seemed a hateful mockery upon the lip from which the murder of brethern extorted execration and defiance. The thought of Independence, which had doubtless lurked, almost unconsciously, in the minds of thousands, now bui'st forth in the tempest of rage. Revolution was afoot — where would it pause ? From the new aspect of affairs, new parties arose. The friends of the revolutionary movement were called Sons of liber- ty, and they were composed of the mass of the middle class of the people, to whose virtue and valor, a revolutionary writer and witness ascribes our triumph. Pausing at no peril, they es- poused the cause with fiery zeal and ui-ged progress, even to the uttermost and at any cost. Whether they constituted a majo- rity, has, without proof, been questioned ; but the whigs sup- plied any deficiency of number if it existed, by their superior zeal, devotion and determination ; they assumed the power and they maintained it. The loyal party was composed of adherents of the proprie- taries, royalists from conscientious opinion and from religious scruples, and the lovers of security and authority generally. They possessed wealth, social rank, and proprietary authority ; and had the advantages always possessed in sustaining a gov- ernment long established, vener able from its age and formidable from its power. But at this period, there were many patriots who still doubt- ed. There was room for hesitation and reflection, and a portion of the people, while they urged a redress of grievances, and even favored measures of defence, were not prepared for the final step of independence. This class was large and influen- tial. It comprised many, who afterwards sustained indepen- dence; many others, who, though they sustained the cause^ never heartily approved of Independence ; and still others, who afterwards proved recreants, and joined the enemy. Of this last class, were Allen and Galloway. William Allen was son of Chief Justice Allen, one of the wealthiest men in the province, and served in the continental army under St. Clair, until 1776, when he abandoned the cause, joined Gen. Stowe, and after- wards raised a corps called the Pennsylvania Loyalists, of which 18 he "U'as lieutenant-colonel. He was noted for lifs affability, mt and elegance of manners — qualities that illj atoned for treason and dishonor. Galloway was an active, managing politician, a species since more numerous than valuable ; he was chosen a member of congress, but when independence became inevitable, resigned, joined the British, and closed his life, discontented with himself, his allies and the world, in melancholy exile. On the adjournment of the provincial assembly, the question of a change in the government of the colony, was openly and fiercely agitated. The assembly was suspected by the patriots, because of the political tenets of many of its members, of their short-coming in the instruction of delegates, and of their se< cret councils within closed doors. The supporters of the charter government included all the loyalists, before the war had weed- ed them out, the adherents of the proprietors, the dependents of government, and the enemies of change. But to these were united, upon this question, many whigs of unquestionable integ- rity and standing, as Dickenson, Morris, Reed, Mifflin and others, who believed it possible and desirable to continue the charter institutions and to carry on the government, even in the crisis of the revolution, through the agency of a reformed assembly, of which body many of them were members. But, on the other hand, the most vehement revolutionary leaders, Franklin, McKcan and others, determined on adapting the gov- ernment entirely to the spirit and exigences of the times-; be- lieving that it was neither wise nor seemly that Pennsylvania should step forth upon her career of sovereignty, with the trap- pings and badges of her colonial minority hanging about her. A very able writer says, " Looking back on these times, we may reasonably doubt whether it would not have been better for the infant state, if the counsels of moderation and conservative pa- triotism had prevailed, and the forms of the charter government been made to adapt themselves to the exigencies of the times. It might have saved the evil passions and fierce controversies, which arose on the adoption of the constitution of 1776, and which never abated during its existence. But the doom of the charter was fixed." I quote from W. B. Reed's "Life and Correspondence of Jos. Reed," a work of which Pennsylvania 19 raay be justly proud. Of American historical productions, I know not its superior in the combined merits of profoundness of research and clearness of judgment, in the comprehensive- ness of its views, and the animation and dignity of its style; but it may be regretted, though hardly objected, that a natural delicacy, an undue jealousy of the biographer's partiality for his subject, has chilled the justice done to one of the foremost men of the revolutionary period, one, whosp extraordinary merits have been but inadequately appreciated, and whose share of the revolutionary glory, is even yet a step-child's portion The doom of the charter, says Mr. Reed, was fixed. I am dis- posed to regard that doom as just. The materials of which the assembly was, and would probably continue to be, consti- tuted, could not expect the confidence of a people struggling against domestic treason and foreign violence, and in the midst of a conflict full of peril and passion. A majority of that body, at its last session, were members of the society of Friends, averse to insurrection, opposed to war, and unfitted by their principles and character, for the rude duties of the crisis. Others were old members, habituated to the royal authority, and indisposed, from all the instincts of station, to change. And they were necessarily associated and acting with a gover- nor who held the king's commission, and was bound, by his oath, to the monarch who was warring against the colony. To avoid his authority, the assembly were constrained to have recourse to indirection and evasion, and issued bills of credit, instead of openly voting supplies to the public cause. To dissolve this impracticable connection with the colonial executive, was itself revolution ; and if constitutional amendment was undertaken at all, it was better to complete it. Besides, the committees raised up around the assembly, occupied a position, to use a military illustration, which commanded it, and their existence was fatal to the authority of the assembly. These committees acquired popular confidence, from the fact that they were chosen by all the friends of freedom, no other qualification being required than devotion to the cause ; while loyalists and malig- nants voted for members of assembly. A property qualification, also, of =C50, was necessary for the latter, while every patriot 20 was eligible to the popular committees. The presence, the in- fluence and eloquence of the delegates to congress, likewise con. tributed greatly to swell and direct this sentiment, which soon became so decided, that it may be doubted whether, if baffled, it would not have broken out in open revolt and violence. The discreet friends of the charter endeavored to save it, by popularizing the assembly ; and persuaded that body to admit seventeen additional members. This measure gave satisfaction for a time : but when the election took place, the tories and the factions in alliance with them defeated the whig ticket, and thus heightened the apparent necessity and real demand for a change. The revolutionary committees renewed, with spirit, their exertions against the charter, and the auxiliary action of congress soon brought the contest to a close. That body, on the 15th of May, 1776, passed a resolution, recommending to the respective assemblies and conventions of the United Colo- nies, where no government sufficient to the exigencies of their affairs had been established, to adopt such government, as should, in the opinion of the representatives of the people, best con- duce to the happiness and safety of their constituents in parti- cular and America in general." By the friends of the charter in Pennsylvania, it was contended, that the existing government was sufficient to the exigencies of our affairs, and that the reso- lution did not, therefore, here apply. Its opponents, of course, assumed the opposite ground, and on the 21st of May,' a pro- test, which had been adopted by a meeting of four or five thou- sand, in the state house yard, was presented to the assembly, denying its authority, on the ground that its powers were de- rived from the mortal enemy of the colonies ; that it was elected by the supporters of the royal authority, and that it held official intercourse with the governor, who was a svrorn officer and re- presentative of the king ; and that the public safety demanded a compliance with the resolve of congress. Addresses of an opposite character, were also, subsequently presented. The assembly seems to have been terror stricken. It sought infor- mation from congress as to the meaning of its resolution, but did not await a reply. For a time, it met from day to day, without a quorum ; at length, this shadow of a legislature as- 21 scmbled for the last time, on the 2uth of September, passed resolutions denouncing the proceedicgs of the state convention (in the meanwhile the people had adopted a constitution), nad having discharged this Parthian shaft, we are told — and here the record closes — "the house rose." Thus, ninety-four years from the time the foot of the founder pressed the shore of Chester, terminated the government estab- lished by Wm. Penn. The conduct of the latest proprietary, the last head of what has been not inaptly termed, " a miniature here- ditary monarchy," was not unworthy his great ancestor. He retained, throughout that season of trial, the good will of the •worthy of all parties. After the dissolution of the government, refusing his parol of honor, he was sent to Virginia, where, though politically restrained, he was treated with the respect due to his exalted station and private wealth. He died in Bucks county in 1795. Of course his rights in Pennsylvania were for- feited. The Penn estate was the largest one ever sequestered in civil war. It was estimated by Thos. Penn, at ten millions sterling, beyond doubt, an excessive valuation. For this, the heirs received as a compensation from the British government, an annuity of .£4000 : and the State of Pennsylvania generous- ly awarded them, " in remembrance of the enterprizing spirit of the founder," the sum of ^£130,000. This remuneration, pro- bably compensated them for their loss, as, from the dispo- sition manifested, before the dissolution of the government, to war against the proprietary rights, a depreciation in its value would probably soon have happened; and we may rejoice that the revolution, under Providence so blest to us, was attended ■with no serious injustice nor calamity to those who inherited the name and estate of one to whom we owe so profound a debt of gratitude. And it is a further subject of felicitation, that a worthy son of a stock so venerated, is enabled to see, in per- son, the rich realization of dreams that swelled the heart of his great forefather, and to witness the grateful feelings with which the fruits of his wisdom and benevolence, are appreci- ated and enjoyed. May that prosperity long continue, and long may there be a Penn to witness and to share it !* * Mr. Granyille Sharp Peun.tlie great grandson of tlie Founder, was present on tlic occasion, and participated io the proceedings of the Historical Society. 22 The process by wliicli the change of govcrnniGnt was effected, demands attention. The constitution ^yas wholly the child of revolution. No elections were required in the first steps. The Philadelphia committee called a conference to be composed of delegates from like committees of the different counties. That conference accordingly met in this city, on the 18th of June, and proceeded to prescribe the mode of electing delegates to a convention, for the formation of a constitution. All persons suspected as enemies of the liberties of America, and all un- ■willing to subscribe to the Holy Trinity and the divine inspira- tion of the Scriptures, were excluded from voting. The Constitutional Convention was called for the 8th of July, about three weeks from the date of the call ; but did not as- semble until the loth. Few, if any, of the members of the assembly, are found in the roll of the convention. This appa- rent exclusion, deprived the convention of the aid of the most ardent whigs of the province. The religious qualification enforced, must also, if regarded by those who took it, have ope- rated to shut out even many sectarians who claim to be Chris- tians. Although the charter government was as yet unsus- pended, and the charter legislature was simultaneously in session, the convention assumed and exercised, upon the warrant of necessity, plenary legislative and executive functions. The body was in session more than two months. The authorship of the instrument adopted has been ascribed, not so much to joint and general councils, as to an individual mind, a supposition to which its peculiarities give countenance. Graydon, in his Me- moirs of his own times, says : " Shortly after the declaration of Independence by Congress, a constitution had been formed for the Commonwealth of Pennsylvania. This was understood to have been principally, the work of Mr. George Bryan, in "conjunction with a Mr. Carson, a schoolmaster, und it was se- verely reprobated by those, who thought checks and balances necessary to a legitimate distribution of the powers of govern- ment. Doctor Franklin was also implicated in the production, and either his participation in it, or approbation of it, was roundly asserted by its fautors." Tradition seems to ascribe it to the counsels of Franklin, who was president of the conven- tion, and Tt'hose acknowledged superiority, must have given him great influence and weight. It rnay be worthy of notice, that the convention, by resolution, thanked him " for his able and disinterested advice" upon the subject of their labors. Before speaking of the more important features of the con- stitution of 1776, some of its minor peculiarities challenge at- tention. Great credit is due for the prompt and emphatic recognition of the utter dependence of republican government, for its beneficence and stability, upon universal education. By the 44th section it is required, that a school or schools, the mas- ters of which shall be paid by the public, shall be established in every county, for the instruction of youth at low prices. This was an auspicious commencement to secure a glorious career, for the experiment of popular government. The views of the framers in regard to taxation are primitive and sound, but quaintly expressed, as follows : " Before any law be made for raising it, the purpose for Avhich any tax is to be raised, ought to appear clearly to the legislature, to be of more service to the community than the money would be if not collected, which being well observed, taxes can never be burthens." Had this homely rule been "well observed" by their descendants, Pennsylvania would have been spared a debt of forty millions. Our fathers seem to have relied upon a popular elevation of political morals, which will, I fear, be now regarded as an an- tique wonder. They dared to hope that public servants would labour from a disinterested devotion to public weal ; and re- garded the degenerate period when men Avould seek office for its fees, as a frightful possibility to be encountered in the recesses of a dim future, indefinitely remote. I will transcribe the section. " As every freeman to preserve his independence, (if without a sufficient estate) ought to have some profession, calling, trade, or farm, whereby he may honestly subsist, there can be no necessity for, nor use in, establishing offices of profit, the usual effects of which arc dependence and servility unbe- coming freemen, in the possessors and expectants ; faction, contention, corruption and disorder among the people : but if any man is called into public service to the prejudice of his private affairs, he has a right to a reasonable compensation. 24 AnJ whenever an "olTice, through increase of fees, or otherwise becomes so profitable as to occasion many to apply for it, the profits ought to be lessened by the legislature." Another sec- tion prohibits Justices of the peace from receiving salaries or fees. Closet constitutions, even when the production of minds the most profound and enlightened, have seldom endured the test of trial ; and from the elaborate absurdity produced by the genius of a Locke, dov/n to the multiplied and renowned abor- tions of an Abbe Sieyes, these imagined triumphs of a visionary philosophy have only served as "parchment for battledores." The only governments that have worked beneficently have been the slow and laborious results of experience and experimental sagacity. In that before us, all that was novel proved unsatis- factory. The legislative power was vested in a single house, popularly constituted and elective annually. The design was, probably, to approximate as nearly as possible to a simple de- mocracy; if so, the purpose was defeated by the obstacles thrown in the way of legislation. It was provided that " all bills of a public nature shall be printed for the consideration of the people before they are read in the general assembly for the last time, for debates and amendments ; and, except on occa- sions of sudden necessity, shall not be passed into laws until the next session of assembly." The evil of hasty and inconsi- derate legislation can scarcely be exaggerated ; but this provision encumbered the assembly without averting that evil. Under this singular system, a law was discussed by one legislature and acted upon by another. Besides, the discretion of each legisla- ture was to decide when the check thus provided, was to be, under "sudden necessity," suspended — a power which was cer- tain to render the check unavailing in the only cases where it was likely to be needed. But the attempt to dispense with a senate was a radical and fatal error. Mere speculative theorists in politics have always been enamoured of the simplicity of a single, unbalanced assem- bly ; and this predilection probably induced Pennsylvania and Georgia (for Georgia also purchased wisdom at the same price) to disregard the evil effects of a single, unchecked legislative 25 council, as displayed in tlic Italian republics of tlie middle ages; and to overlook the advantages of a legislature divided into two separate and independent branches, as proved by the success of every constitutional government that has enjoyed practical and lasting liberty. The example of Pennsylvania, under the direc- tion of the idol of France, Dr. Franklin, probably had its influence upon that mother of short-lived constitutions — philo- sophic bantlings "only born to wail and die" — when she adopted the constitution of 1791. The nature of things — so argued the dreamers of that land, whose dreams of freedom are all so speedily and roughly disturbed by the gauntletted hand of military despotism — the nature of things is against a division of the legislative body ; as the nation is one, so should the representative body be ; as the will of the nation is indivisible, so should be the voice which pronounces it. Such reasoning it was, that turned the wit of France " the seamy side without ;" and produced that scene of horrors, when the legislature became a mirror of all the fiendish passions that swept, in clouds, across the popular breast, And France got drunk with blood, to vomit crime. Her sufferings taught her wisdom for a thne ; and in her sub- sequent constitutional inventions, she remembered, with respect, the counsels of M. Lally Tolendal, and introduced the Council of Ancients to give stability and moderation to the government. Experience has now settled the question, it is hoped forever ; and if the constitution of 1776 did the world no other service, it at least proved, after sufficient trial, that the philosophy which arrays its political phantasmagoria aga'nst the wisdom of experience is not to be entrusted with the construction of forms of Government. The elder Adams well observes, in his De- fence of the American Constitution, that " a philosopher m*ay be perfect master of Descartes and Leibnitz, may pursue his own inquiries into metaphysics to any length he pleases, may enter into the inmost recesses of the human mind, and make the noblest discoveries for the benefit of his species ; nay, he may defend the principles of liberty and the rights of mankind, with great ability and success, and, after all, when called upon 20 to produce apian of legislation, he may astonish the world with a signal absurdity." The Executive power was depositee! in a President, with a supreme executive council, which consisted of twelve persons, elected by the people of the different countries for three years. The President and Vice President were chosen annually, by joint ballot of the General Assembly and Council. The pri- mary objection to this system was its want of unity. " The characteristic qualities required in the executive department," says Chancellor Kent, " are promptitude, decision and force ; and those qualities are most likely to exist when the executive authority is limited to a single person, moving by the unity of a single will." The truth of this axiom has been conclusively demonstrated by experience; and every executive constituted upon different principles has been imbecile and irregular, tardy and factious. To add to the elements of distraction and feeble- ness in the executive of Pennsylvania, the council Avas, in part, the source of the authority of the President, who was elective by its ballots, in conjunction with the assembly, annually. The constitution of the office, was, indeed, in every view defective. It should have been independent, or dependent alone and directly upon the people. It was neither. Elective annually, it knew no stability ; elective by the legislature, it knew no independence. The office was eminently and odiously aristo- cratical ; and, on this ground, became the immediate object of popular prejudice. The Virginia constitution contained the same defect; and " the result," says Mr. Jefferson, "was that during the whole session of the legislature, the direction of the executive was habitual and familiar." In Pennsylvania this constitutional defect operated to mingle and unite the legisla- tive and executive, in violation of every sound principle of government ; and tended to render the former arrogant, and overbearing, and the latter subservient and ineffective. To complete the picture, it is only necessary to add, that the rela- tive powers of the President and council were not defined, and the compensation of the former was not ascertained by the constitution. Nor was the Judiciary satisfactory to the people. Judges 27 were appointed by the rresiilcnt and Executive Coimcn ; they were commissioned for seven years only, and were removeable by the Assembly. This tenure was, by the succeeding consti- tution changed for that during good behaviour. It may be observed, that the political history of our country affords no instances, in the incessant change of our state constitutions, [and like the satellites of Jupiter, some one of them is ever in eclipse] of the retrogression of popular power. The effect of every such revolution is to enlarge the immediate and overruling influence of the popular will over all branches of the govern- ment. It is said, that of the spoil gathered by the Niagara river in its course, and swept by the torrent over the cataract, nothing ever arises from the gulf below ; and thus every acqui- sition cast into the vast profound of popular power remains in its turbulent bosom forever. The history of our State afforded, for a time, an exception, in the case just mentioned ; and but for a time : for the Judicial independence restored by the con- stitution of 1701, was again withdrawn in 1838, when the Judges were made elective. The religious test required by the constitution, though less stringent than that under which the members of the constitu- tion themselves acted, was the subject of vehement exception. It was in these words : " I do believe in one God, the Creator and Governor of the Universe, the rewarder of the good, and the punisher of the wicked, and I do acknowledge the Scrip- tures of the Old and New Testament to be given by Divine Inspiration." Among the many objections to all religious tests, not the least forcible is, the inducement extended to false- hood. Though against the spirit of the age, and of our insti- tutions, the test had abundant examples in the constitutions of other states ; audit excluded fewer from office than would now be shut out by the same qualification. The constitution also required all officers to subscribe an oath, not to do, directly or indirectly, any act or thing prejudicial or injurious to the con- stitution or government as established by the convention. This was, strangely enough, construed, by many, to prohibit all opposition to the constitution, though the instrument itself made provisions, (very ineffectual ones, it is true,) to aid such opposi- 28 tion and consummate its own amendment or addition. Yet many persons of standing and cliaracter refused to take the oath ; others took it with a written reservation ; and this, in the malcontent mood of the popular mind, contributed greatly to the opposition which assailed the government. I cannot hut pause to express a regret that my subject, and the duty which arises from it, must necessarily be ungenial to the taste of many who hear me; and that I have not the Prome- thean prerogative that could breathe life and fire, even into a theme of throbless marble : but the revolutionary time of which I treat, taught, that no duty should be considered repulsive, nor met with reluctance : and I, at least, must not forget the lesson. The most extraordinary feature of the new constitution was the establishment of a council of censors. A more unfortunate or grotesque fancy never entered the mind of a political vision- ary. If the idea was derived from the Censorcs of the Romans, the resemblance terminated with the title. The institution in Rome was wholly social, in Pennsylvania Avholly political. The office of the Roman Censors was chiefly to estimate the fortunes and inspect the morals of the people ; and from the nature of its duties, the censorship is called by Plutarch "the summit of all preferments;" and by Cicero, magistra pudoris et modestix. Their title was more honorable than that of Consul ; and we can imagine no greater contrast than is presented by the an- cient and modern censors— the antique Roman, seated in his curule chair, under the bright sky of Italy, and amid the archi- tectural glories of the seven-hilled city, ordering the masters of the world to pass before him and await his irreversible and aw- ful judgment — and the modern law mender, labouring over a pile of acts of assembly, to find a flaw. The Council of Censors was instituted says the constitution, "in order that the freedom of the commonwealth may be preserved inviolate." It was chosen by ballot, two from each city and county, every seventh year j and its duty seems to have been that of a Grand Inquest for the State. It was to inquire whether the constitution had been preserved inviolate ; whether the legislative and executive branches had performed their duties ; whether the public taxes 29 had been justly liiicT and collected ; in what manner the public money had been expended; and whether the laws had been duly executed. The Council of Censors, however, seems to have been constituted rather for inquiry than reform, for its remedial power was confined to, what all citizens possessed, the right to pass public censure and to order an impeachment. The Board continued in office one year only. The only constitutional process of constitutional amendment was through the action of the Censors ; but that process was so hedged and obstructed as to amount to a denial of the pri- vilege. When there appeared " an absolute necessity for amendment," the council had the right to call a convention, within two years after their sitting; but the amendments pro- posed must be defined and promulgated, six months previously to the election of the delegates. The power, therefore, rested not with the people but with the council ; could be exercised only once in seven years ; and even then, the council were to determine and propose the amendments to the people six months before they could act upon them. From the obstacles heaped in the way of reform, it was inferred that the framers of the constitution, convinced that it was beyond improvement, had determined that it should be as everlasting as it was perfect. The first and only Council of Censors met November 10, 1783, and adjourned September 25, 1784. Its proceedings display distinguished ability, and are full of interest. At its first session, a majority of the Council were in favor of calling a convention to alter the constitution ; but, a change occurring by resignation and election, the majority voted against it. The Constitution was altered in 171)1, without recourse being had to the mode prescribed under the Constitution. The Constitution of 1776, started upon its troubled career, under heavy embarrassments and with inauspicious prospects. The duty of good citizens was plain. Whatever the defects of the government, it was no time, when the country was writhing in the horrors of foreign and civil war, to indulge in factious violence against the authority that constituted the only hope of resistance and safety. All true patriots recognize the duty of deferring such issues until the peril has passed, instead of imi- 30 taling tlie macldcncd factions which floated the streets of Jeru- salem in fraternal blood, even when Titus was thundering at the gates. The approach of the enemj heightened the rage and increased the confidence of the Anti-Constitutional party, which now united the malcontents of all classes and factions. Thus fortified, they adopted a plan of opposition, that only paused on the hither side of treason. They recognized the authority of the government sufficiently to vote for members of Assembly, by the use of which body they hoped to remodel the Con- stitution ; but they refused to choose members of the Executive Council, — thus so crippling the government as to render it incapable of action. This plot succeeded both in the City and County of Philadelphia. Thus the unfortunate government, defective at the best, went into operation but " half made up." Meanwhile the British menaced Philadelphia ; the patriots blenched at their approach, for the cruelty of the British and Hessians in New Jersey, left little room for household confi- dence, — while the tories awaited it with the flutter of secret hope and suspended vengeance. What was the government to do, in this crisis ? The only course was to organize so far as was possible ; and the Assembly, therefore, met on the 28th of November. It was, however, in the perturbed period that en- sued, dispersed ; again it was assembled ; and, at length, being enabled, by another election, to fill up the Council, the govern- ment, after great delay and difficulty, perfected its organization ; and Thomas Wharton, Jr., an active and ardent Whig and Constitutionalist, was elected President, and George Bryan, Vice President. But the war of factions continued to rage ; nor was it appeased until the British took possession of Phila- delphia, when tory rage was merged in tory triumph, and the fugitive Whig government sought refuge in Lancaster. In this dark era of the war, when the death sweat seemed gathering on the brow of liberty — when Congress, the Council, and all connected with the American cause, who were not too feeble to fly, nor too obscure to be endangered, had withdrawn from Philadelphia — the loyal of its inhabitants came forth joy- ously from their reluctant retirement, into this burst of royal sunshine, and revelled in their temporary triumph. The pre- 31 sence of a splendid army and a mimic court, around wbich gatliered tlie wealth of the city, the tarnished but tawdry pre- tension of provincial rank, the servile, the lawless and the licen- tious, emboldened the tories of all classes ; and an arrogant security induced, too often, persecution and cruelty against those whom the chance of war had placed in their power. Philadelphia presented a scene of which posterity has little reason to be proud. A lawless soldiery, a considerable portion of which were ruiEan Hessians, wasted the city and suburbs, literally with fire and sword ; property to the amount of mil- lions was wantonly destroyed ; and life, and that which is dearer than life, brutally sacrificed. A sense of decorum should have stayed the tory dwellers of the city from devoting such a scene and such a season to unfeeling revelry. But those who claimed to be the leaders of provincial society, improved the opportu- nity afforded by the presence of young noblemen and darling ofiicers of the "British army, to enact the most untimely extra- vagances, mocking the calamity of the country, and insulting the fear and agony of kindred, companions, and friends. Tho llescJiianza, a festival in which the most fashionable portion of the remaining inhabitants united with the officers of the army in a series of scenes of unexampled gorgeousness and gayety is a familiar story to Philadelphians. Amid the splendours of that entertainment, the tournament, the ball and the banquet, the flashing banners, noble champions and kneeling knights, the music of an hundred bands, the flashing of innumerable wax tapers reflected from eighty-five mirrors, the arches and alcoves, the flowers and fire-works, all aided by the presence of the most magnificent military array, — amidst all these, and other scenes of enchantment and delight, the loyalists of Phila- delphia forgot that their gasping country was then bleeding at every pore — forgot that, at that very moment, their fellow- citizens, military prisoners in the jail formerly at the corner of AYalnut and Sixth streets, were actually perishing from cruelty and starvation ; forgot, too, that Americans could remember. They did remember. But it is painful to know that American women could be found, who were willing to add brilliancy to the festivals of our unfeeling foes. Did not some of Uie gentle 32 eyes that looked fortli upon those scenes of enjoyment, fill with tears, at the thought that, while they sat at the banquet, their Iiollovv'-eyed brethren of the camp withered with famine ; and while they moved in an atmosphere of music and light and fragrance, of love and luxuriance and joy, the wintry storm howled mercilessly over the sordid hovels of Valley Forge ? But let not the many be involved in the imprudence and folly of the few. Of the heroism, devotion and humanity of the ladies of Philadelphia, during the revolution, there are a thousand instances. The courage of one lady, a Quaker, pro- bably saved the army, by giving timely information of a de- signed surprise. At various times, they raised large collections for the relief of the suffering soldiery. They toiled to clothe them — they nursed the sick — they ministered to the captive. An interesting incident took place at the house of John Dicken- son, which, during the prevalence of the camp plague, had been made a hospital for the sick soldiers. A widowed mother came to the hospital to nurse her son. She found him — her only one — whom she had given, in the pride of his youth, and strength, and beauty, to the cause of his country — she found his among the breathless forms about to be removed to the rude and common pit, the soldier's hurried and unwept grave. In all a mother's agony, she threw herself upon the bosom of her soldier boy; yet, with all a mother's undying love, and the hope of despair, she used the ordinary restoratives to rouse him from the sleep of death ; when, as if a miracle had answered her wild prayers, a flush shot into the pallid cheek, the closed eyes opened, and the lips parted to utter the word — Mother ! ^^ Jesus saithf ' G-o tliy ivarj, thy son liveth !' " When the Americans regained possession of Philadelphia, they visited the loyalists with a severity not before manifested. All these causes added to the exasperation of party, and in- creased the embarrassments that surrounded the immature gov- ernment of the State. On the return of the executive to the city, it was deemed necessary to prosecute, for treason, certain individuals, whose conduct during the presence of the enemy had provoked resentment. The trial produced profound and general excitement. The prosecution was conducted by Jona- 33 than Sergeant, the Attorney General, a lawyer of eminence and an inflexible Whig. The name has won — what name would not ? — new lustre from his son, our revered fellow-citizen, John Sergeant, the shining lessons of whose wisdom and ex- ample are invaluable as teaching every virtue that can endear the friend, and exalt the citizen, the patriot, and that still higher character, the Christian : his day has been lengthened and lustrous ; may its evening linger long, and deepen slowly ; knowing no shadow, for his fame knows none ; but tranquil and happy, as his career has been lofty and illustrious !* The ex- ecutive considered these trials so important, that Mr. Reed was engaged to aid the Attorney General ; the result was the conviction of the accused. That result excited the sympathies not only of the loyalists, for the culprits were neither obscure nor friendless, but of many other and better citizens ; and great exertions were made to procure their pardon. But the execu- tive, convinced of their guilt, and of the necessity of an exam- ple, not only for its effect upon the enemies but the friends of the cause, refused to interfere, and they were executed. It was at this period — when the government was reeling in the storms of faction — that Joseph Heed was raised to the Presi- dency of the State. The event had an important bearing not only upon the immediate politics of the State, but upon the great contest in which the country was engaged. From this time, till the close of the war, the history of his administration is not merely the history of the State, but almost that of the country ; for Pennsylvania, which had been, for a period of great sacrifice and suflFering, the seat of the war, was still mainly relied upon to extricate the cause from the overwhelm- ing difiiculties with which it struggled. Mr. Reed, devoted to the duties of the war, had taken no * This tribute, to one who added to all the antique grandeur of Greek or Pioman virtue, the crowning beauty of a Christian life, was received with a sensibility that denoted how closely he was endeared to a community, every worthy man in which, was proud of a personal devotion to John Sergeant. A few days after its utterance, that community, with a sorrow passing show, a feeling in which each good man acknowledged " a fee-grief due to a single breast," wept over hi;^ grave. 3 34 part in the political contests that tore the State ; and his merits, therefore, rendered him acceptable to all parties. He was elected unanimously ; and Washington rejoiced in the result as auspicious to the country at large. Reed was cautious but en- terprizing ; diligent and energetic ; brave and self-sacrificing ; equally valuable in council and in action. Few men made their performance so far transcend their promise and profession. He preferred a civil career, but patriotism made him a soldier; and as such, he won immediate distinction, and that priceless evidence of merit, the admiration and confidence of Washing- ton. The highest rank was accessible to him ; yet he served for a long time as a volunteer. He attached little value to mere physical daring ; yet he exposed himself heroically on all occasions — sought every scene of peril — and had three different horses shot under him in as many different battles. Not mis- led by sanguine confidence, he viewed public affairs in the shadow of the cloud that really darkened them ; yet he always suggested the boldest and most hopeful councils, and urged and adopted the most enterprizing action. When the fatal pause was made at Chew's House — " What !" remonstrated Reed, " what ! call this a fort, and lose the happy moment." In short, he was, beyond most men, the man for the crisis. Nothing could daunt, weary or confound him. He was adequate to every danger and every duty ; and when, after having declined the office of Chief Justice from a sense of duty, he, from the same motive, consented to undertake the onerous Presidency of Pennsylvania, Washington was correct in supposing that he alone could, not- withstanding the embarrassments of faction, make our cumb- rous and unpopular government the instrument by which all the resources of the State could be rallied for the cause, and the country be saved. The condition of the national cause was, at this moment, well nigh desperate. Our paper credit, the only resource of Congress, had passed away, like a mist ; and that body, how- ever august, without money was without power. The army had dwindled to the skeleton of an army ; it was without pay, without clothing, without food, and almost wj^thout hope. Wash- ington, laboring to rebuild the crumbled structure of defence, 35 appealed, as a last resource, to the State governments, and most of all, to Pennsylvania. This state was his reliance, and proved his stay. In a letter at this time, he says, " The matter is reduced to a point. Either Pennsylvania must give us all the aid we ask of her, or we can undertake nothing." She was expected to supply men, provisions, clothing and funds. Exhausted as she was, torn by faction and weakened by trea- son, under her energetic executive, she did this, and more. There are certain writers who, ascribing all the revolutionary merit of this country to that portion of it which, after the evacu- ation of Boston, scarcely saw a foe, have represented Pennsylva- nia in a light consistent neither with generosity nor justice. It would not be difficult, if time permitted, to prove that our State, if not foremost, was second to no member of the Con- federacy, in her devotion of heart and hand to the cause, in her zeal and gallantry, her sufferings and services, her quota of fighting men and 4ier contribution of resources. Whether in the council or in the field, her's was no inferior part; and while her capital was the centre of the political movement, the territory within a circle of fifty miles from that capital was the dark and bloody ground of the Revolution — the seat of the most glorious and decisive battles of the war — in which Penn- sylvania nerve and Pennsylvania numbers lifted her patriotism above the necessity of invidious commendation. It is true, that her population comprised some who were disafiected — what State was exempt from that reproach ? — but it is not true, that those of her people who, from religious scruples, remained passive, were tories or traitors ; or were then, or were ever, the open or the secret foes of liberty. There have been much error and much calumny on the subject of the Quakers of the Revo- lution. It is undeniable, that for the most part they took no share in a bloody resistance of the wrongs of England : but in the name of reason and justice, what else was expected from them? For that very principle of non-resisting peace and love, they had, at home, suffered all that bigotry could inflict, poverty and shame, the pillory, the scourge and the dungeon. They had crossed the ocean to find, for that principle, a shelter in the wilderness ; for it was creed and country, honor and faith and life, to the Qnaher : and were they expected, at the first temptation, at the first trumpet-blast, to forget and foi-- sake it ? If they had done so, they would have proved that all their past had been a hypocritical mockery, a holy lie. They would have been false to their fathers, recreant to their faith ; and while, by their brethren, their shameless apostacy would have been lamented with bitter tears, by the world it would have been scorned as a base and dishonorable treason to that which they had, before heaven and earth, embraced as an obligatory and vital duty. The senseless bigot, for the holiest cause has such, of course, ruflled at a scruple which he did not appre- ciate ; and even Washington may have regretted that their very virtues forbade their participation in the strife of blood : but did he, the exemplar of all human excellence, or did any good man of that era, condemn them for their fidelity ? So far from it, he, then, and after, and ever, spoke of them and treated them, with studious consideration •and respect ; and was always regarded by them with veneration and love. It is not merely idle but absurd, to regard that people as, at any time, inimical to liberty. The entire theory, the entire prac- tice of the Society is perfect freedom ; and it was so when freedom had no other, at least no such, friends. It was they who first taught and practised — not that bated and barren privilege termed religious toleration — but ample, unbounded, universal religious liberty. They afforded the world the first example of a perfect deliberative democracy, a democracy that borrowed no authority from power, and exercised no tyranny over feebleness. Their great peculiarity is that which dis- tinguishes them as the friends of freedom, though unwilling to baptize it in blood. Had its friends always been restrained, in the moment of triumph, by their gentleness — could their scruples against violence have availed to stay the frenzy which, in successful popular revolutions, raises the manumitted arm to smite and slay — half the world would now rejoice in freedom. Let us, then, no longer sanction the injustice that confounds, in the Quakers of the Revolution, fidelity to their faith with falsehood to their country. The condition of Pennsylvania, at the period of Mr. Reed's 37 elevation to the Presidency, was troubled and despondent in the extreme. Iler northern and western frontier was ravaged by the Indians ; the vicinity of the seat of war led to constant drafts of men and supplies to the Continental army ; and vatli every resource, physical and pecuniary, exhausted, to complete her distress, she was torn by the violence of intestine faction. These tribulations were aggravated at once by the imbecility and the odiousncss of her fancy-woven and impracticable con- stitution ; of which Mr. Reed himself had predicted, that, unless amended, it " would sink in spiritless languor or expire in sudden convulsion." Amendment was attempted; but what was to be expected from councils torn by the tempests, the fury or the fears, of an exigency so turbulent and terrible? It is true, that the Assembly unanimously agreed, in November, 1778, to submit to the people the question of a revision of the government ; and an angry contest ensued upon the issue thus presented : but the same body, in the following February, by a vote of 47 to 7, rescin