USA > Pennsylvania > Philadelphia County > Philadelphia > Annals of Philadelphia, and Pennsylvania in the olden time; being a collection of the memoirs, anecdotes, and incidents of the earliest settlements of the inland part of Pennsylvania, Vol. I > Part 38
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The MS. correspondence of Secretary R. Peters with the proprie- taries, which I have seen, for ten years-say from 1739 to '47,- often speaks disparagingly of the Philadelphia Bar, whether truly or from umbrage is not made out, as they are but simple declarations of opinion, without the reasons assigned. From his letters I perceive that in July, 1740, Mr. Murray and Mr. Smith, lawyers of eminence, were engaged from New York, to cope with Mr. Andrew Hamilton, then the best lawyer at Philadelphia. In 1743, he speaks of John Ross as being successful beyond his merit, by engrossing as much as all the others, Hamilton only excepted. In 1749, he says of them generally-" all of whom, except Francis and Moland, are persons of no knowledge, and, I had almost said, of no principle." Hamil ton was always represented as a man of high honour and ability, both by Mr. Peters and by James Logan. The Bush-hill estate was given to him, by the advice of Logan, for his retained services for the proprietaries' interest. John Ross acquired a good estate, and had his dwelling "well out of town,"-the building now the Farmers' and Mechanics' Bank.
The bringing of lawyers from New York to manage an important cause, had been before matched by our furnishing the New York Bar with one of our champions, who acquitted himself with great eclat. The case was this :- In 1735, the above named Andrew Hamilton went on to New York, a volunteer in the case of the persecuted printer, J. P. Zenger, whom he succeeded to bring off triumphant " from the arbitrary governor and council," to the great joy of the people. The City Council was so grateful to Hamilton, that they presented him the freedom of the city, in a gold snuff-box with many classical inscriptions. Where is it now ?
When lawyers practised in the old court house, lawyers Ross and Lawrence held their offices in the small alley, called since Chancery lane, a name derived from them .* It would now be deemed an
* Since known to have been derived from Chancellor, who was once he owner of the corner house on Arch street.
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gnoble place for such an honoured profession ; but it marked "the day of small things," and verified the toast called for by the same John Ross, of Mark Watson : (both being wits and jesters) -" The day he hoped for-when two lawyers should have to ride on one horse !"
In the absence of more substantial facts, I may here supply a little of the comic of the bar. A fragment of poetic wit, by Collinson Reed, has fallen into my hands, and which we shall call, by way of distinction, the Case of Catherine Kutzen.
Mr. Collinson Read was contemporary with Joseph Thomas and Edward Tilghman, at the Philadelphia Bar, or a little before them. He was not very distinguished, but had a respectable rank in the profession; he was the author of the first "Digest" of the Laws of Pennsylvania, from which the digests of Mr. Purdon are evidently formed. He was a man of considerable wit, and well read as a classical scholar. The following sprightly Latin sapphic verses were written by him, for a Mr. J. C., a subordinate, but a decent lawyer, whose morals were much more respectable than his learning or judgment. He had not a quick sense to see the point and humour of the lines, and it is said either actually did, or at- tempted to file them, as a declaration in an action of slander which he had instituted, and which this declaration states with much drol- lery. It may be added merely, that it is in fact almost an exact translation into Latin of the ordinary declaration or plaint in suits of elander
Narr. de Termino Decembri, 1763.
Catherina Kutzen* attachiata fuit ---- Ad respondendum Johanni Currie De placito transgressionis super Casum, & c'a. Et unde idem quæritur Johannis
Quod eam sit bonus, verus et fidelis, Subditus status bonorum nominis Atque gesturæ. Ac per totum tempus vitæ retroactum
Ab omni modo sceleris nec stupri,
Totius intactus, liber et immunis, Adhuc remansit. Per quod favorem ac benevolentiam
Omnium vicinorum, nec non aliorum
Quibus natus erat, sibi non immerito Conciliavit.
Cumque per multos annos jam elapsos, Fuit, et adhuc est, unus alternatum De communi banco, ad Philadelphiam Legi peritus. Rationi inde diversis sectis Magni mementi, in eadem curia, Tam prosequendo, quam defendendo Retentus fuit.
* Such a person settled in Germantown, and died there.
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Unde, profectus magnos, et ingentes Denariorum summas acquesivit, In meliorem manutenentiam, Ejus famitiæ.
Predicta tamen Catherina Kutzen
Sciens premissa, sed malitiose
Intendens ipsum Johannem Currie Scandalizare.
Vigenti die mensis Decembri
Anno predicto, ad Philadelphiam
Hæc falsa ficta scandalosa verba De illo dixit.
Scilicet " He, eandem Johannem
Currie, innuendo, is a whoremaster
And has a bastard at his mill in Saucon, And I can prove it."
Quarum pretextu idem Johannis Non solum bonis nomine et fama Quibus præantea reputabatur Læsus existit.
Verumque multæ graves personæ
Ipsum in sectis suis retinere Nec non cum eo, quicquid habere, Penitus recusant.
Undeque dixit quod sustinuit damna
Centum Librorum et produxit sectam
Sunt atque plegii de prosequendo John Doe et Richard Roe.
We shall close this article with the outline characters of such gentlemen of the bar as flourished about the period of the Revolu- tion. Their names, persons and talents are such as still dwell upon the memory of many of our aged citizens-such as Wilson, Ser- geant, Lewis, Ingersoll, Edward Biddle, George Ross, &c. Their contemporary, the elder Rawle, still among us, has drawn his recol- lections of them to the following effect, to wit :
Mr. Chew was one of the prominent characters of earlier times In 1772 he was preferred to the bench. Perhaps no one exceeded him in an accurate knowledge of common law, or in the sound ex- position of statutes ; his solid judgment, tenacious memory, and persevering industry, rendered him a safe and steady guide. At the bar his language was pertinent and correct, but seldom characterised by effusions of eloquence; his arguments were close, and frequently methodised on the strict rules of logic ; his object always seemed to be to produce conviction, not to obtain applause.
But in those times the sphere of the lawyer was somewhat limited. In provincial courts no great questions of international law were discussed-no arguments on the construction of treaties-no comparisons of legislative powers with constitutional restrictions-even admiralty cases had little interest-every thing great and imposing was reserved for the mother country. Till the ebullitions produced by the stamp act, political interests were local and confined. Penn-
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sylvania was divided between two parties, that of the proprietaries, and a considerable section of the people.
Two lawyers, Galloway and Dickinson, took active parts in this controversy. Each published a speech which he had delivered in the legislative assembly ; and it was remarkable that the introduction to each (one composed by Dr. Franklin, who co-operated with Gal- loway in opposing the proprietary interest, and the other by Dr. Smith, the coadjutor of Dickinson,) were at the time more admired than the principal compositions. Yet they were both men of talents.
Of Galloway's manner I have no personal knowledge; from in- spection of the dockets his practice appears to have been extensive. He adhered to the royal cause, and migrated to England, where, after exciting considerable public attention, by attacks on the con- duct of Sir W. Howe in this country, he remained till his death.
Very different were the opinions and conduct of Dickinson. At the commencement of our difficulties with Great Britain, he dis- played his powers with fervour and courage in defence of what he deemed his country's rights. Assuming the title of a Pennsylvania Farmer, he assailed, with a due proportion of learning and an irre- sistible cogency of argument, the unjust attempt of the British legis- lature to impose internal taxation on the colonies.
These publications had the happiest effect. The resistance which seemed at first to be founded rather on natural impulse than delibe- rate research, was clearly shown, not only to be meritorious in itself, but justifiable under the laws and constitution, by which all British subjects ought to be governed.
Of Dickinson's manner of speaking I have some recollection-he possessed, I think, considerable fluency, with a sweetness of tone and an agreeable modulation of voice, not well calculated, however, for a large audience. His law knowledge was respectable, though not remarkably extensive, for his attention was more directed to historical and political studies. In his defensive publications against the attacks of Valerius, in 1783, the man of taste will be gratified by a pure and elegant style, though the statesman must discover some political errors. Wholly engaged in public life, he left the bar soon after the commencement of the Revoluuon. At this period a new band arose.
They contributed with other instances to prove, notwithstanding the arrogance of European prediction, that America, even at the instant of putting on the toga virilis, was equal to the duties of ma- ture and accomplished man.
I have already given some names, I will more particularly describe two or three others.
Perhaps few of those now present can recollect Wilson in the splendour of his talents, and the fulness of his practice.
Classically educated, and in the outset employed as a tutor in a public seminary, his subsequent success in a narrow circle of country
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courts, encouraged him to embark in the storm which, after the departure of the British troops, agitated the forum of Philadelphia.
The adherents to the royal cause were the necessary subjects of prosecution, and popular prejudice seemed to bar the avenues of justice.
But Wilson and Lewis, and George Ross, never shrunk from such contests, and if their efforts frequently failed, it was not from want of pains or fear of danger.
Other questions of the highest moment also became the daily subject of forensic discussion-questions for which previous study no doubt had qualified them, but with which no previous practice had familiarized them.
In respect to them, Wilson soon became conspicuous. The views which he took were luminous and comprehensive. His knowledge and information always appeared adequate to the highest subject, and justly administered to the particular aspect in which it was presented. His person and manner were dignified, his voice powerful, though not melodious, his cadences judiciously though somewhat artificially regulated.
His discourse was generally of a reasonable length ; he did not affect conciseness nor minuteness, he struck at the great features of the case, and neither wearied his hearers by a verbose prolongation, nor disappointed them by an abrupt conclusion.
But his manner was rather imposing than persuasive-his habi- tual effort seemed to be to subdue without conciliating, and the impression left was more like that of submission to a stern than a humane conqueror.
It must, however, be confessed, that Mr. Wilson on the bench. was not equal to Mr. Wilson at the bar, nor did his law lectures entirely meet the expectations that had been formed.
The talents of George Ross were much above mediocrity. His manner was insinuating and persuasive, accompanied with a species of pleasantry and habitual good humour. His knowledge of the law was sufficient to obtain respect from the court, and his familiar manner secured the attention of the jury. But he was not indus- trious, and his career after the commencement of the Revolution was short.
The powers of Reed were of a higher order. His mind was perspicuous, his perception quick, his penetration great, his industry unremitted. Before the Revolution he had a considerable share of the current practice. His manner of speaking was not, I think pleasing ; his reasoning, however, was well conducted, and seldom failed to bear upon the proper points of controversy. When he had the conclusion of a cause, he was formidable. I have heard an old practitioner say that there was no one at the bar whom he so little liked to be behind him as Joseph Reed.
Bradford was the youngest of those who flourished at this active and interesting period, and his history merits the attention of the
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younger part of my brethren, as indicating that, however discouraging the prospects may be, one should never despair.
I have understood that, for three or four years after his admission, he had scarcely a single client; his circumstances were slender, and his hopes so faint, that he had at one time determined to relin- quish the profession, and go to sea ; but his abilities, though known to few, were justly appreciated by Mr. Reed, then President of the Supreme Executive Council.
On the resignation of Mr. Sergeant, in 1780, he was unexpectedly appointed Attorney-general. At that time the office required no feeble hand. The executive administration was involved in the most serious responsibilities. The ability of his predecessor had been eminently useful to them. If Bradford had proved unequal to its duties, the appointment would have covered both him and the administration with disgrace-if otherwise, it elevated him to honour, while it highly promoted the political interests he belonged to-the latter was the result.
Those of his brethren who had only noticed him as a mute and humble attendant on the courts, now watched his progress with political if not professional jealousy, and soon perceived with sur- prise the first displays of eloquence in a style not common, of knowledge not suspected, of judicious management not frequent in youth.
He advanced with a rapid progress to an eminence of reputation which never was defaced by petty artifices of practice, or ignoble associations of thought-his course was lofty as his mind was pure- his eloquence was of the best kind-his language was uniformly classical-his fancy frequently interwove some of those graceful ornaments which delight when they are not too frequent, and do not interrupt the chain of argument.
His temper was seldom ruffled, and his speeches were generally marked by mildness. The only instance in which I remember much animation was in a branch of the case of Gerard vs. Basse and Soyer, which is not in print. The principal case is in 1 Dallas, 119 ; he was concerned for the unfortunate Soyer.
All those lawyers once exercised in the small old court-house on Second and High streets.
The following presents a list of all the lawyers, called " counsel lors at law," as they existed in Philadelphia soon after the peace of 1783, with their residences, which are here added for the sake of showing what were then deemed their best locations for business, viz :-
Wm. Bradford, Attorney General, Third street, between Arch and Market streets.
Edward Burd, Prothonotary of the Supreme Court, Third street, between Arch and Market streets.
Wm. Barton, do., do.
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Jacob Bankson, (sailors' lawyer,) Lombard street, between Front and Second streets.
John Blair, Market street, between Fourth and Fifth streets.
George Campbell, Register of Wills, Second street, between Race and Vine streets.
John D. Coxe, Front street, between Market and Arch streets.
Matthew Coulthurst, Walnut street, between Second and Third streets.
Daniel Clymer, Market street, between Fourth and Fifth streets. George A. Dallas, Third street, between Union and Pine streets. Myers Fisher, Front street, between Walnut and Spruce streets.
John Haley, Clerk of City Court, Vine street, between Second and Third streets.
Ashton Humphreys, Front street, between Market and Chestnut streets.
Charles Heath, Second street, between Chestnut and Walnut streets.
Jacob Howell, Fourth street, between Market and Arch streets.
Jared Ingersoll, Market street, between Third and Fourth streets. Moses Levy, Chestnut street, between Second and Third streets. Wm. Lewis, south-east corner of Third and Walnut streets.
Joseph Moylan, Second street, between Walnut and Spruce streets. Joseph B. M'Kean, Third street, near Pine street.
John F. Mifflin, Second street, between Walnut and Spruce streets.
Robert Milligan, Chestnut street, between Third and Fourth streets. Governeur Morris, Market street, between Second and Third streets.
P. S. Duponceau, Front street, near Market street, bank side.
Wm. Rawle, Arch street, between Second and Third streets.
Thomas Ross, Market street, between Fourth and Fifth streets. Samuel Sitgreaves, Front street, between Arch and Race streets. Jonathan Sergeant, Arch street, between Third and Fourth streets. Charles Swift, Second street, between South and Shippen streets. Edward Tilghman, Walnut street, between Front and Second streets.
John Vannost, Market street, between Fourth and Fifth streets.
James Wilson, Chestnut street, between Fourth and Fifth streets. Alexander Wilcox, Arch street, between Third and Fourth streets.
Those of the foregoing dwelling in Front and Market streets are marked in italics, as showing streets in which none now reside !
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Militia and Colonial Defence.
MILITIA AND COLONIAL DEFENCE
" Where duty placed them at their country's side."
IT has been long a received opinion that the first militia of Penn- tylvania was originated by the exertions of Dr. Franklin, in opposi- sition to the pacific wishes of the Friends employed in colonial govern- ment. This misconception most probably arose from the first act for a militia which he procured to be passed in the year 1755. But we learn from facts derived from several sources that there was such a thing as a voluntary militia, deriving commissions from the Go- vernors, at much earlier periods.
In the Minutes of Council of 10 May 1693, Benjamin Fletcher being the Governor, it was proposed by the Governor and urged, that it was necessary to build a fort in some convenient place upon the river Delaware, to command the channel, for the security and the defence of trade, and the inhabitants. And upon being put to the vote, was carried in the affirmative. Present William Markham, Andrew Robeson, Patrick Robinson, Robert Turner, Lawrence Cott, William Clarke.
A letter from William Penn, of 1703, says, "Colonel Hamilton (the Governor) did grant a commission to raise a militia on purpose to quell the complaints to government of Colonel Quarry; and then it was that Quarry and his party fiercely opposed it!" He opposed it on the pretext of its inequality in resting the defence on those who would fight, while it would exempt those, like the Friends, who were averse to defence.
In 1704, "they raised three companies in town, three in New Castle, two in Kent, and two in Sussex." And when Colonel Markham, the former deputy, died in Philadelphia, they buried him with the honours of war.
James Logan's letter, 1702, to Penn says, "The Governor, (Andrew Hamilton,) upon publishing his commission in 1701, put the people in expectation of a militia. This he always intended after he should learn that his office had been confirmed. However, it will be found shortly necessary, both in the opinion of the govern- ment at home and many here, that some defence of this place should be provided. Should we be attacked by the Iroquois, (we,) who are quite destitute of Indians, are in the worst condition. 1 am sure it is worth thy consideration." He further adds, "Thy dispute at home, the war without defence here, the example of the Jerseys surrendering, (back to the crown,) makes this government too precarious to be called o e."
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Militia and Colonial Defence.
It is manifest from the preceding and ther facts (derived from the Logan MSS.) that James Logan, although he was a Friend, held it admissible to sustain defensive war.
In 1707, Governor Evans had a kind of fort constructed at New Castle, and there required a tribute from vessels passing, to pay for " powder money." A spirited Friend went down in his vessel and resisted the claim valiantly. Evans tried some expedients, but with- out success, to raise a militia spirit.
It might serve to show the simplicity of the time, and the defence- less state of the city and river, to cite a fact from the records of the Common Council of May, 1706, to wit: " Whereas, the Governor having received an express from the Governor of Maryland of several vessels lately seen some few leagues off the Capes of Virginia, and two of them chasing and firing several shots at an English vessel bound to Virginia or Maryland, which are supposed to be French vessels, and probably may have a design upon some of the Queen's colonies, it is therefore ordered that the watch of this city be carefully and duly kept, and that the constables at their peril take care of the same; and in case there appears any show of danger of the enemy, that they give the alarm by ringing of the market bell !- and further, that every night one of the Aldermen see the watch, and see that two constables be set thereon, till further orders."
In 1718, William Penn, jun., in writing to Governor Keith, speaks for a militia, saying-" if you can, procure a militia to be settled by law." About the same time Sir William celebrates the death of the father in a martial funeral, with his city militia of volunteers !
In the year 1744, the time of the war with France, there being then no law for a militia, Benjamin Franklin proposed the scheme of voluntary associations, to be founded upon their individual sub- scriptions. Immediately twelve hundred signers were found in Philadelphia, and Franklin was nominated to the colonelcy, but declined the service. It was said the paper gained ten thousand signers in the province !
In the year 1748, there were great efforts made in Philadelphia to raise a defence for the city. Some of the Friends, then in govern- ment, admitted the right of defensive war-among these the most conspicuous was James Logan. I have seen several letters on this subject from Benjamin Franklin to James Logan, recorded in the Logan MS. selections. Franklin appeared to be a leading man in this measure,* having seen, he said, similar efforts at Boston, in 1743, by the volunteers there training in like manner at the Castle, &c. He expressed great satisfaction at finding James Logan " ap- proved of their proceedings." They proposed to fortify at Red Bank, because of the difficulties there from a narrow channel. The
* Secretary Peters, in his letter to the Penns, in 1747, says he concerted the first measures, by a meeting held at Chanceller's sail loft.
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soldiers were all to be volunteers " much unanimity prevailed in all ranks." They called themselves " the Association"-eight hundred persons signed at the outset. "The Dutch (i. e. Germans) were as hearty in the measure as the English," and one entire company was formed of Dutchmen (i. e. Germans.) They trained men to be their gunners, by forming an artillery club to go down weekly to the battery to exercise the cannon. "In this, following the example of the Bostonians, who by similar exercises formed from their trades- men and shopkeepers the best engineers against Cape Breton." The soldiers of Philadelphia were described as making fine reviews -as meeting as often as once a week in general muster, and several of them in squads three or four times a week. They purchased thirty-nine battering cannon, of Spanish make, at Boston, for £1500, fifteen of them of twenty-eight pounders, and twenty-four of them of fourteen pounders. They were brought over land from New York for fear of a Spanish armed vessel off the coast. Secretary Peters says fourteen of the battery guns were borrowed from New York.
At this time they erected the "Association Battery," four hundred feet long, a little below the Swedes' church. They had be- fore erected another battery, called " the Battery on Atwood's wharf," consisting of thirteen guns of six and nine pounders .* Its situation was, I presume, under the bank of Society Hill in Southwark. I observe that as early as 1734, " the guns on Society Hill, probably then a redoubt on the hill, were then fired because of the arrival of the Governor, John Penn. The shot for all those cannon were cast for them by John Pass .¡ The cartridges, &c., were prepared by a committee of citizens. The expenses of these defences were de- frayed mostly by lotteries, and by individual subscriptions.į The Germans (called Dutchmen then) were influenced by addresses called " Plain Truth," " The Association," &c., translated and printed in German. It was a time of great excitement in Philadelphia among all ranks-it disturbed many of the Friends-it brought out John Churchman to some public acts as a public Friend against defence, and, under his advice and leadings, some public declarations from the Society, to advise Friends to refrain from participating in war measures, &c.
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