USA > Pennsylvania > Philadelphia County > Philadelphia > An historical account of the old State house of Pennsylvania now known as the Hall of Independence > Part 3
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The junior counsel for Zenger, when the case came on to be tried, was inclined to let the prosecution prove, as usual, the fact that the de- fendant had printed and published the papers, when Mr. Hamilton, addressing the court, waived the point, and boldly said : "I cannot think it proper for me without doing violence to my own principles, to deny the publication of a complaint which I think is the right of every free-born subject to make, when the matters so published can be supported with truth." After pointing out, in the argument, the distinction to be drawn between the sovereign and the mere colonial governor, and indignantly repudiating the Star Chamber decisions sought to be established as law by the prosecution in an American court, he insisted that, both by the terms of the " informa- tion " and the legal construction of the crime of libel, falsehood was an essential. He maintained the right of his client to give the truth in evidence, against the adverse interruptions of the judges and of the opposing counsel, and after he was overruled by the court, he appealed to the jury as WITNESSES of the truth of the facts he had offered, and was denied the liberty to prove, concluding that " you
-
22
HISTORY OF INDEPENDENCE HALL.
are summoned out of the neighborhood because you are supposed to have the best knowledge of the facts that are to be tried. And were you to find a verdict against my client you must take upon you to say that the papers referred to, and which we acknowledge we printed and published, are false, scandalous, and malicious, but of this
I can have no apprehension. You are citizens of New York . . . the facts which we offered to prove were not committed in a corner ; they are notoriously known to be true. . . The jury are by law at liberty to find both the law and the fact in our case . . But to con- clude ; the question before the court and you, Gentlemen of the Jury, is not of small nor private concern ; it is not the case of a poor printer nor of New York alone which you are trying. No, it may in its con- sequence affect every freeman that lives under a British government on the main of America. It is the best cause-it is the cause of Liberty, and I make no doubt but your upright conduct this day will not only entitle you to the love and esteem of your fellow-citizens, but every man who prefers Freedom to a life of Slavery, will bless and honor you, as men who have baffled the attempt of tyranny, and by an impartial and uncorrupt verdict, have laid a noble foundation for securing to ourselves, our posterity, and our neighbors, that to which nature and the laws of our country have given us a right, - the liberty both of exposing and opposing arbitrary power (in these parts of the world at least), by speaking and writing truth." So strong was the impression produced by Mr. Hamilton's argument, even upon the court, that the Chief Justice in charging the jury restricts his words of in- struction, assigning as a reason therefor, " the great pains Mr. Ham- ilton has taken to show you how little regard Juries are to pay to the opinion of the Judges," etc.
The jury promptly brought in a verdict of Not guilty.
The mayor and city council of New York, in the following Septem- ber, passed a vote of thanks to Mr. Hamilton, "for his learned and generous defense of the rights of mankind, and the Liberty of the Press,"-conferring upon him at the same time, "the Freedom of the City," - the seal to which was inclosed in a handsome gold box, with appropriate inscriptions.
The ability displayed in the conduct of the case, as well as in the argument, has elicited from the Hon. John Cadwalader. than whom no man is better able to judge, this comment as to the latter: " It displays accuracy of scientific learning, and the result of severe self-discipline as a lawyer. The speech is a sufficient biography of him as a student of
23
ANDREW HAMILTON.
legal science. His method of referring to authorities tests the depth of his research and the clearness of his judgment, not less than the copiousness of his intellectual development. Ordinary lawyers work from their authorities as their only source of professional knowledge. They thus work, as it were, from below upwards ; but great lawyers look upon the same precedents from above, downwards, using them as the tests, or as examples of rules or principles, deduced from indepen- dent and higher sources of thought. Of this class was Mr. Hamilton."
But the cause which he here pleaded earned for him from Gouver- neur Morris, one of the framers of the Constitution of the United States, the appellation of " the day-star of the American Revolution." He in this case laid down the principles that were engrafted fifty-five years afterwards into the fundamental laws of his country, framed within the very walls of that Edifice which he was then building better than he knew, and which seems to justify this apparent discursion. In one of the very chambers of the State House, in September, 1790, the point for which Mr. Hamilton originally contended was incor- porated into the Constitution of Pennsylvania : -
"THE FREE COMMUNICATION OF THOUGHTS AND OPINIONS IS ONE OF THE INVALUABLE RIGHTS OF MAN ; AND EVERY CITIZEN MAY FREELY SPEAK, WRITE, AND PRINT ON ANY SUBJECT, BEING RESPONSIBLE FOR THE ABUSE OF THAT LIBERTY. IN PROSECUTIONS FOR THE PUBLICATION OF PAPERS INVESTIGATING THE OFFICIAL CONDUCT OF OFFICERS OR MEN IN A PUBLIC CAPACITY, OR WHERE THE MATTER PUBLISHED IS PROPER FOR PUBLIC INFORMATION, THE TRUTH THEREOF MAY BE GIVEN IN EVIDENCE. AND IN ALL INDICTMENTS FOR LIBELS THE JURY SHALL HAVE A RIGHT TO DETERMINE THE LAW AND THE FACTS UNDER THE DIRECTION OF THE COURT AS IN OTHER CASES."
Andrew Hamilton's portrait is thus entitled to its place as a pen- dant to that of William Penn, in the " Constitutional Chamber " of Independence Hall.
After the Assembly had taken possession of its unfinished chamber, the members complained of the incidental discomforts, and general dissatisfaction was expressed that at the end of eight years the other portions of the Building were yet unfinished. The dilatoriness of the contractors served apparently to exhaust the patience of the superin- tendents as well as of the public. Laborers had disappointed ; though the carpenter work was finished and sashes made, glass provided, etc.,
24
HISTORY OF INDEPENDENCE HALL.
yet the latter could not be used, because the wall in the rear was not finished, and " the panes would be broken by the boys," etc. ; " capa- ble workmen could not be had to do the plastering," etc.
In the summer of 1741, the Assembly insisted at least, "that the plaistering and glazing should be finished for the next session, even if the ceiling and upper work must be delayed till workmen could be procured from England." They resolved, " that the whole Building with all its parts should be finished without delay, that it may be ready for the use intended."
Still four years more elapsed before the Assembly Room was com- pleted. In 1745, the finishing touches were given. Curtains of some sort, apparently inexpensive, were ordered for the windows, and put up by Plunket Fleeson, the upholsterer of the day, who seems also to have covered the chairs.
A handsome silver inkstand was provided for the Speaker's table by Philip Syng, silversmith, who charged therefor £25 16s.1 Large maps, one of North America, were ordered to be placed upon the walls; these do not seem, however, ever to have been purchased or used.
Two open stoves were used for heating the chamber, made by Lewis Brahl, at a cost of £27 16s. 11d.
An " echo " in the chamber seems to have given annoyance ; and the committee were instructed " to take efficient measures so that the members may better hear one another."
The second room prepared for use was the western or Judicial Chamber, on the first floor. In 1743, it was ordered to be finished upon a plan then submitted to the Assembly, and corresponding in style with the Assembly Room.
The first Justices who occupied the bench in that chamber were : -
JOHN KINSEY, Chief Justice . 1743 to 1750
THOMAS GREME, \ Associate Justices- ( 1734 to 1750
WILLIAM TILL, 1743 to 1750
And from that time down to the period of the Revolution the succeed- ing Chief Justices were : -
WILLIAM ALLEN . 1751 to 1774
BENJAMIN CHEW
1774
1 Ordered, February 12, 1752, That the Superintendent of the State House do provide a suitable inkstand of silver for the use of the Speaker's table, and on August 22, 1752, Philip Syng was paid his account for a silver inkstand for the use of the House, - £25 16s.
25
GOVERNOR AND COUNCIL.
Associate Justices.
LAWRENCE GROWDON . 1751 to 1764
CALEB COWPLAND .
1751 to 1758
WILLIAM COLEMAN
1758 to 1766
ALEXANDER STEDMAN
1764 to 1768
JOHN LAWRENCE
1768
THOMAS WILLING
1768
JOHN MORTON 1774
.
In the summer of 1747, the Governor's Council became impatient in their turn to take possession of the quarters designed for them ; this was the Western Chamber in the second story, and they urged upon the Speaker that it should be put in order accordingly. October of the next year found them holding their sessions in what was there- after known as "the Council Chamber."
Mr. Lawrence, one of the joint building trustees, was himself a member of the Board at this time. Anthony Palmer, the acting Gov- ernor, was its President. Lawrence Growdon, William Logan, Joseph Turner, and Thomas Hopkinson, all prominent men in colonial his- tory, were also of the Council.
The Governors of Pennsylvania thus associated with the Building were : -
JAMES HAMILTON . 1748
THOMAS WHARTON, JR. 1777
ROBERT HUNTER MORRIS . 1754
GEORGE BRYAN 1778
WILLIAM DENNY 1756 .
JOSEPH REED . 1778
JAMES HAMILTON 1759
WILLIAM MOORE 178.
JOHN PENN . 1763
JOHN DICKINSON . 1782
JAMES HAMILTON 1771
BENJAMIN FRANKLIN 1785
RICHARD PENN 1771
THOMAS MIFFLIN, 1788 to
JOHN PENN
1773 December 17991
The staircase leading to the Council Chamber, and to the other two rooms on this floor, the Banqueting Hall and its ante-chamber, was completed as early as 1741. The carpenter's bill is still extant, and possesses some interest : -
1 Their predecessors were : - - William Markham
1681
Edward Shippen 1703
William Penn
1682
John Evans 1704
Thomas Lloyd 1684
Charles Gookin . 1709
John Blackwell 1688
Sir William Keith 1717
Thomas Lloyd 1689
Patrick Gordon .
1726
Benjamin Fletcher 1693
James Logan 1736
William Markham 1693
George Thomas 1738
William Penn
1699
Anthony Palmer
1747
Andrew Hamilton
1701
26
HISTORY OF INDEPENDENCE HALL.
NOVEMBER 4, 1741.
The Province of Pennsylvania,
TO EDMUND WOOLLEY, DR.
For expenses in raising the Tower of the State House, viz. : -
95 loaves of Bread
£0 19
9
613 1b. Bacon
at 7d.
1 14
1
148₺ 1b. Beef
at 3}d. 2
8
1
Potatoes and Greens
0
7
1
800 Limes .
at 4s.
1 12 C
1} barrel of Beer
at 18s.
1
7 0
44 lb. Mutton
at 3gd. 0 12 8
372 1b. Veal
. at 33d. 0 11 0
30 1b. Venison
at 2d. 0
5 0
Turnips .
0
1
6
Pepper and Mustard
.
0
1
5
2 Jugs and Candles, Pipes and Tobacco
0
6
0
Butter, 9s. 8d. Turkey, 4s. 4 pair Fowls, 9s.
1
2
8
¿ of a hundred of Flour . ·
0 3 6
Two former Hookings at getting on two Floors, and now for raising the Tower, Fire Wood, etc. . .
300
.
£14 12 8
On the 27th January, 1750, the Assembly ordered " That the Su- perintendents of the State House proceed as soon as conveniently they may to carry up a building on the south side of the said house to contain the stair-case, with a suitable place thereon for hanging a Bell.
The " Tower," at this time terminated very nearly with the main roof ; a steeple does not seem at first to have been contemplated, but now determined upon, a new room was ordered to be added by rais- ing the tower one story ; it was designed for the use of the committees and " for our books."
It must be borne in mind that the Assembly of Pennsylvania at this time, unlike those to which we have been accustomed ever since the adoption of the Constitution of 1790, consisted of only one body. The eastern room on the first floor was then sufficient for legislative needs, its members numbering thirty. Still a committee room was required.
A resolution was adopted in 1752, to place at the southeast cor- ner of the State House a structure for the purpose, but the absur- dity of such a building must have prevented its accomplishment, and while it seems that the " new chamber" in the tower was prepared by the summer of 1753, it either proved inadequate or possibly too difficult of access. At all events one of the rooms in the eastern wing
1
27
THE BELL.
was sometimes used for committee meetings, at least as early as 1761. The library collected for the Assembly was placed herein, and Charles Norris was upon his petition appointed " keeper."
Among the presents to the Legislature before the Revolution, and doubtless placed in this room, was a " Busto of the proprietor Thomas Penn, Esq.," brought over by Captain Sutton, as " a present from his wife, Lady Juliana Penn, to the people of Pennsylvania, to be lodged " says Mrs. Patience Wright, by whom it was executed, "in the public library." Mrs. Wright in her letter to Rev. Richard Peters, also says, " Lady Juliana told me to inform you it is thought a most excellent performance, and that it was admired by the King and Queen, and most of the nobility in England. My sister Rachel Wells will inspect and repair it on its arrival."
This bust has eluded so far all inquiries towards its discovery.
The desire for procuring bells and building steeples seems to have shown itself about the middle of the last century in religious as well as in political corporations. In this same year the vestrymen of Christ Church opened a subscription for this purpose, a member de- claring at the board " that there is a hearty inclination to the thing in the inhabitants of this city, not only of our own church, but in sundry persons of other religious societies."
It must not be concluded however, that bells were then to be intro duced for the first time. As early as 1712, two bells, "the little bell," and " the great bell," were certainly used by the Christ Church con- gregation, whether suspended in a belfry, or " hung in the crotch of a tree close by," seems to be undetermined ; unquestionably the latter mode was adopted for the government bell, an accompaniment to official proclamations in the Province at least as early as 1685. It is not improbable that this latter was brought over by William Penn himself. The earliest mention of its use is in language so quaint as to justify its "counterfeit " presentation.
Gamesh
28
HISTORY OF INDEPENDENCE HALL.
Som Plusina
The Jarto give Youcall Notice That our Parents 2-Schorsingking James His Jean Rouch Glaubehis in Motion(fis Lapro Delaware Ris, Ou withthe Poisonotro Pate Tomorrow Morning of the ninth howuponthe Wingeng . fhaber
11: 3 mo/h1605
egred by Offer Sichare Cyclo P. Concili
Pursuant to this order the following proclamation was read, here given verbatim from the original manuscript used by the Sheriff : - PENNSILVANIA
Philadelphia the 12th of the 3rd Mo 1685.
We the president & the provincial Counsell accompanied with the represen- tatives of the freemen in Assembly & divers magistrates officers & other per- sons of note do in duty & in concurrance with our neighbouring provinces sol- lemnly publish & declare that James Duke of York & Albany by the decease of our late soveraigne Charles the 2ª is now become our lawfull liege lord & king James the 2ª of England Scotland France & Ireland & amongst other of his dominions in America of this Province of Pennsilvania & its Territorys king, to whom we acknowledge faithfull & constant obedience hartily wishing him a happy raigne in health peace & prosperity-
And so God Save the King
THO LLOYD President
Jon Simpcock
Jon Cann
Willm Wood
Tho Janney
Jon Barnes
RIcd INGELO
Clark Counsell
------------
Tho Holme
Christo Taylor
Phinehas Pemberton
Luke Watson
Willm Frampton
Wm Southbe
Peter Aldricks
Wm Darvall
Jon Roades
W. Greene
29
THE BELL.
This Province Bell was most likely transferred to the cupola of the Court House or " Noble Towne House," upon its erection in 1696-97, at Second and High streets.
A bell seems also to have been placed within the tower temporarily upon the first occupation of the State House, which it is believed was also imported from England.
Its successor, owing to its subsequent history, merits a more careful investigation at our hands.
The Provinces not being able it was thought to supply a bell of the proportions needed, a letter was addressed by the Superintendents of the State House, to the Colonial agent in London, pursuant to a reso- lution of the House of October 16, 1751. It is dated November 1, fol- lowing, and runs thus : -
" Respected Friend, Robert Charles, - The Assembly having ordered us (the Superintendents of the State House) to procure a bell from England, to be purchased for their use, we take the liberty to apply ourselves to thee to get us a good bell, of about two thousand pounds weight, the cost of which we presume may amount to about one hundred pounds sterling, or, perhaps, with the charges, something more. .
" We hope and rely on thy care and assistance in this affair, and that thou wilt procure and forward it by the first good opportunity, as our workmen in- form us it will be much less trouble to hang the bell before their scaffolds are struck from the building where we intend to place it, which will not be done till the end of next summer or beginning of the fall. Let the bell be cast by the best workmen, and examined carefully before it is shipped, with the fol- lowing words well shaped in large letters round it, viz. : -
"By order of the Assembly of the Province of Pennsylvania, for the State House in the city of Philadelphia, 1752.
" And underneath,
"Proclaim Liberty through all the land to all the inhabitants thereof. - Levit. xxv. 10.
" As we have experienced thy readiness to serve this province on all occa- sions, we desire it may be our excuse for this additional trouble from thy as- sured friends,
" ISAAC NORRIS. " THOMAS LEECH. "EDWARD WARNER."
" Let the package for transportation be examined with particular care, and the full value insured there."
The bell duly arrived at the end of August, 1752, in apparent good order, and the Superintendents returned to Mr. Charles, "their thanks for thy care in procuring us so good a bell." Upon its being tested
-
30
HISTORY OF INDEPENDENCE HALL.
however, early in September, notwithstanding all the cantionary in- structions given, the Superintendents " had the mortification," says Mr. Norris, on the 10th March, 1753, to hear " that it was cracked by a stroke of the clapper without any other violence, as it was hung up to try the sound ; though this was not very agreeable to us, we con- cluded to send it back by Captain Budden,1 but he could not take it on board, upon which two ingenious workmen undertook to cast it here, and I am just now informed they have this day opened the mould and have got a good bell, which, I confess, pleases me very much, that we should first venture upon and succeed in the greatest bell cast, for aught I know, in English America. The mould was fin- ished in a very masterly manner, and the letters, I am told, are better than [on] the old one. When we broke up the metal, our judges here generally agreed it was too high and brittle, and cast several little bells out of it to try the sound and strength, and fixed upon a mixture of an ounce and a half of copper to one pound of the old bell, and in this proportion we now have it."
The " ingenious workmen " referred to in the above letter, were Pass, from the island of Malta, and - Stow, a son of Charles Stow, the door-keeper of the Council.
This American bell was hung up in its place early in 1753, as will appear by the following bill : -
PHILADELPHIA, APRIL 17, 1753.
The Province,
To EDMUND WOOLEY, Dr.
For sundrys advanced for raising the Bell Frame and putting up the Bell. A peck Potatoes, 2s. 9d : 14 lbs. Beef, at 4s. Sd ; 4 Gammons, 36 lb. at 6d. - 18s. £1 6 5
Mustard, Pepper, Salt, Butter
A Cheese, 13 1b. at 6d. - 6s. 6d; Beef 30 1b. at 4d .- 10s .; a peck Potatoes, 2s. 7d. · 0 19 1
0 2 0
300 Limes, 14s. 3 gallons Rum, of John Jones, 14s. 1 8 0
36 Loaves of Bread, of Lacey, ye Baker 0 9 0 Cooking and Wood, 8s. Earthenware and Candles, of Duchee, 13s. 4d. 0 11 4
A barrel of Beer, of Anthony Morris . 0 18 0
£5 13 10
Errors excepted, ED. WOOLEY.
1 This same mariner also brought over gratuitously the bells for Christ Church, which in consequence were always made upon his arrival in port to chime forth their grateful greetings.
31
THE BELL.
Mr. Norris in his letter to Robert Charles, under date of 14th April, while admitting that they had " made the mould in a masterly man- ner, and run the metal well," complains that after it was hung up in its place it was found to contain too much copper, and that Pass & Stow " were so teazed with the witticisms of the town " that they asked permission to cast it over again.
Their proposition was acceded to, though Lister (or Sister) the original bell founder also offered his services ; and in June, 1753, the second essay of a bell by Pass & Stow was placed in position in the State House steeple, - duly announced in the papers of the day.
The " Maryland Gazette " of Thursday, July 5, 1753, published at Annapolis, says : -
" PHILADELPHIA, June 7th, 1753. Last week was raised and fixed in the State House steeple, the new great Bell, cast here by Pass and Stow, weighing 2080 lbs. with this motto, ' Proclaim Liberty throughout all the land, unto all the inhabitants thereof. - Lev. xxv. 10.'"
Pass & Stow were paid in September following £60 13s. 5d.
There seems to have existed a contrariety of opinion as to the ac- ceptability of this second bell.
The English founder was ordered to send over another of his make. Mr. Norris, however (who owned he did not like the other), on its arrival, admitted that the "difference in comparing them is not very great." This resulted, by order of the Assembly on August 13, 1754, in the retention of both bells, though as far as can be ascertained our American bell continued to be used, without any further effort to amend its sound, with experiences and vicissitudes presently to be re- counted, for at least threescore and three years.
Besides the government purposes to which this bell was put, we find it was sometimes used to call together for service the various congre- gations. Whether for this or other reasons complaint was made by petition from " divers inhabitants " living near the State House, set- ting forth they were much incommoded and distressed by the too frequent ringing of the great bell in the steeple of the State House, " the inconvenience of which has often been felt severely when some of the Petitioners families have been afflicted with sickness, at which times, from its uncommon size and unusual sound, it is extremely dan- gerous, and may prove fatal." They go on to protest that it was never designed to be rung on any other than public occasions, such as the times of the meeting of the honorable Assembly, and of the courts of justice, and they beg to be relieved from this " dangerous incon-
32
HISTORY OF INDEPENDENCE HALL.
venience," at least so far as to prevent the ringing on any but public occasions.
It was determined March 11, 1752, that they would have a " large clock," too, which should "strike on the Bell in the Tower," and should have "a suitable dial plate to show the Hours and Minutes."
This latter was promptly ordered to be made in Philadelphia, "for," Mr. Norris says in one of his letters ( March 10, 1753), " we expect it will prove better than any they would send us from England, where, when once they had it put out of their hands, they have done with it ; but here the workman would be made very uneasy if he did not exert his utmost skill, as we do not stint him in the price of his labor."
Peter Stretch was paid in 1759, for making this clock, and for tak- ing care thereof for six years, £494 5s. 5}d.
The movements of the clock were located in the middle of the main building, immediately under the roof, and in close proximity to the tower ; these were connected by rods (running through pipes) at either end of the main building, with hands to a dial plate upon which the hours and minutes were distinctly marked.
The latter was protected by an ornamental case, in bold relief, and in imitation of the ordinary high clocks of the day there was con- structed a jamb, which ran down to the ground.
Edward Duffield in January, 1762, succeeded Stretch in the im- portant duty of winding and regulating the city clock, and was in turn succeeded in March, 1775, by no less a person than David Rittenhouse, who in his application therefor states that Ed- Dar. Ritten house ward Duffield no longer desires the position of taking care of the pub- lic clock, and that " as he has charge of the time piece (most probably of his own construction ) belonging to the Philosophical Society, which is kept in the Observatory in the State House Square, with the astro- nomical instruments for adjusting it, he conceives it would not be inconvenient for him to take charge also of the said public clock," etc. The compensation was £20 a year.
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