The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. XII, Part 84

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 438


USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. XII > Part 84


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292


HOPKINSON'S ADDRESS BEFORE THE LAW ACADEMY.


[NOVEMBER


that the counsel takes the case, and he naturally adopts ! opponent by coarse language and a rude demeanor, be- his views of it. It is only on the hearing before the fitting the contests of a fish market, not the grave dis . Court that the whole ground is exposed to him; and he is able to discover where the right lies. As to an un- conscientious defence of a criminal, I will put a strong case. A lawyer is engaged to defend a prisoner charg- ed with murder. The wife of the accused is offered as a witness against him. Could his counsel reason thus? I am, in my conscience, satisfied that this man is guilty; his wife is the only witness that can prove his guilt; without her, this foul crime will go unpunished, and a murderer be again turned loose on society. The witness is honest, and I doubt not will tell nothing but the truth; the objection to hur testimony is merely techni- cal; I will not therefore interrupt the course of justice by rejecting this evidence. The lawyer who would reason and act in this manner, would betray his client, his profession, and the laws of his country.


Thus far have I spoken of the conduct and duties of the lawyer in his relations with his client. I will add a few words on what he owes to the Court, and his breth ren of the bar. There is an error which gentlemen of high and ardent spirits, and I may add, of irritable nerves, are apt to fall into, in believing that they assert their independence of character and professional digni- ty, by a prompt, petulant, and disrespectful manner of repelling whatever they consider to be an invasion of their rights by the Court. They are sometimes too sudden, sensitive and suspicious, on this subject, and hastily and rudely resent an affront never intended, and defend themselves against an encroachment never made. A discreet lawyer, like a well-bred gentlemen, will not seek for causes of offence, but be well assured of the insult before he compromits himself in resenting it. The Judges of a Court have, at all times, a most ardu- ous, and frequently perplexing task to perform. They have to encounter every variety of difficulty and em- barrassment; their patience is sometimes taxed by un- reasonable importunity; their principles shocked by bold and pertinacious fraud; their vigilance alarmed by subtle attempts at injustice; and all their learning, ex- perience and sagacity, put in constant requisition to discharge their high and interesting functions. If, in such circumstances, they are sometimes excited a little beyond the point of judicial propriety, if their senti- ments are delivered in a tone somewhat too absolute, and they are not always sufficiently guarded by that de- licate decorum which belongs to the Bench and is due to the Bar, they should, neverthelesss be treated with respectful forbearance; for let it never be forgotten, that the profession of the law can never be respected, if the Judges be degraded and brought into contempt. We


are one family, and the Court is our head; and we ren- der a most acceptable service to the whole, by setting an example of deference and suitable submission to tliat head. If it be laid low, we also shall be prostrated; if the first ministers of the law be humbled and disregard- ed, what will become of the secondary agents? Vul- garity and intemperate passions only will trespass upon the reverence that is due to those who are entrusted with the office of administering the law and justice of the Commonwealth to its citizens. All that I require is entirely consistent with a scrupulous preservation of personal character and professional independence. These should never be surrendered to any power; and, if the rest be given, and gracefully given, these will not be required. The deportment which a lawyer owes to the Bar is much of the same description with that which is due to the Bench. It might be enough to re- peat that he is a gentleman; that his profession is one of dignity, liberality, and refinement; and that his inter- course with his brethren should be governed by the rules of the best society. This is always compatible with an anxious zeal for the interests of his client, and a full and faithful performance of his duty. Can he be- lieve that he serves his cause by degrading himself and his profession; that he obtains any advantage over his | learning has pervaded the recesses of knowledge; they


cussions of a Court? Does he advance his argument with his judges, or his reputation with the public, by ribaldry, or passionate invective; by a vulgar joke or insulting reproach upon his antagonist? This is to be- come the hired bully of his client, not the educated, learned, and eloquent advocate of right, and defender of the law. Be therefore always on your guard against this intemperate zeal which brings no fruit but mortifica- tion and repentance to a generous mind. The members of the same profession, a high and honorable calling, owe to each other the most kind forbearing courtesy and respect. To see them, in the public exercise of their functions, coarsely sparring, indulging in ill-natured sarcasm, bandying Billingsgate jests across the Bar, is indeed sport to the vulgar bystander, who delights to see the lofty thus humbling themselves, the honourable thus degraded; but it is death to the character of the profession. It is equally unworthy to entrap each oth- er in little inadvertencies; to play a game of small tricks, and accidental advantages wholly beside the merits of the case, and the duty of the advocate.


To parties, and more especially, to witnesses, a ge- nerous decorum should be observed; every attack upon them not absolutely required by the necessities of the case, every wanton injury to their feelings, should care- fully be avoided. How can you assail those who are not in a situation to repel the attack; how can you use the privileges of your station to tread upon the defence- less?


Before I part with you, on this occasion, you will al- low me to exhort you, with sincere earnestness, to pro- secute your studies with determined diligence and per- severance. It is in the season of youth that the most vivid impressions are made, which take complete pos- session of the mind. They do not find the ground pre- occupied; they have not to contend with unfriendly and obstructive habits; every thing is fresh and vigorousand encouraging. If in early life a vicious taste be acquir- ed, the appetite returns slowly and reluctantly to whole- some food; if pleasure and indolence be indulged, it is painful and laborious to shake them off. Do not believe that what is called light reading is most suitable to youth, and that graver studies may be reserved for graver years. From the commencement, accustom yourself to books which require close attention, and exercise your faculties of reason and reflection: the mere power of attention, that is, confining the mind exclusively to one object, to restrain its erratic propen- sities, is more rare and difficult than is generally ima- gined. It can be acquired by habit, produced by that sort of reading which makes it necessary; and it will be weakened or lost by a devotion to works whose gossam- er pages will not bear the weight of thought, but are skimmed over by the eye, hardly calling for the aid of the understanding to draw from them all they contain. I do not mean by this recommendation to fasten you down to law and metaphysics; nor to exclude you from the delights of the imagination. The master spirits who rule that region of literature, instruct as much as they enchant. But this is not to be found in the pro- ductions of poets whose reputation is founded on peri- odical supplies of quaint conceits, artificial sentiments, antiquated verses, and obscure phrases; who dress up si me popular topic in a garb of unmeaning mystery, and startle the reader by the extravagance of their con- ceptions. Turn from such poets to those who have dipped the pen in the human heart; who have consult- ed the everlasting oracles of nature and truth, and whose works are therefore not of the ephemeral tribe, local, temporary and transient. These great men have not mistaken the effusions of a brilliant fancy, the facility of graceful expression, for the precious gifts of poetic genius. They float not on the caprice and fashion of a day, but will endure while man remains the same. Their


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ORIGIN OF THE PORCELAIN MANUFACTURE IN AMERICA.


1833.]


have penetrated and analyzed every feeling and passion and propensity of our nature; and embellished whatev- er they have touched with the brightest, purest, and most variegated imagery, drawn from every moral and physical source in the compass of creation. They have enforced and illustrated the sublime precepts of philo- sophy and truth, and tauglit man to know himself. It is by such works you should form your taste and enrichi your studies; the rest will do for those readers who de- sire only to praise or condemn, as it may be, the last exhalation from the fashionable press; and are satisfied to float on the stream that flows from the popular spring. It is a light vessel that swims in such shallow waters; you must look to deeper and more copious sources, and complete this part of your education by better models.


As an efficient means of improvement in the acquire- ments of your profession, I beg your unwearied atten- dance upon your duties as members of this Academy. What you have already done is sufficient to convince you of the utility and honor of the enterprise. The reputation the Institution has obtained and is obtaining, the notice it is daily drawing to itself, bear ample testi- mony to the talents and industry of its members. While the exercises of the Academy are as pleasant as they are useful, it must not be considered as a place of amusement,for light and superficial disputation, but as a solid school of instruction, to be conducted with order, diligence and attention. A facility will thus be acquir- ed in investigating and tracing to their roots important questions of law; in accurately discovering the true point on which the question turns, and discriminating it from others which might mislead a superficial and unpractised enquirer; in searching and comparing au- thorities; arranging and managing an argument. and delivering it with ease, force and propriety. In all these efforts and exercises you will be enlivened and stimu- lated by a laudable spirit of emulation and pride, with- out which excellence and success are seldom attained in any thing.


EXCHANGE CELEBRATION.


On Saturday, the board of directors of the Philadel. phia Merchant's Exchange, celebrated the event. of placing the cap stone upon the splendid edifice. The occasion was used to express their approval of the labors of those who had been employed upon the building. A dinner was given in the hall at the corner of Seventh and Chesnut streets, served up by Messrs. McCalla and Mann, of the Tontine Coffee House, in a manner to do credit to the purveyance and cooking of that establish- ment, as well as to their general good taste and gene- ral arrangements. About one hundred and forty of the artizans and working men employed on the building, sat down to the excellently provided table, at the head of which was Wm. Strickland, Esq. the architect, as- sisted by Mr. Strothers, and Mr. O'Neill, the superin- tendants of the marble masons and carpenters. The board of directors and one or two guests were also at the table. Several toasts were drunk, and a few good songs well sung, when the company broke up, after having devoted a suitable time to refreshment.


The following were among the toasts on the occasion:


By Wm. Strickland. The artizans, mechanics, and working men engaged in the building of the Philadel- phia Exchange-Their good conduct and orderly de . portment have been as remarkable as their skill and ex- cellence of workmanship.


By John Struthers. The merchants and stockhold- ers of the Philadelphia Exchange-It is to their libera- lity that Philadelphia is indebted for another monu- ment of the Grecian art.


By J. M. Sanderson. The Philadelphia Exchange- The head that planned and the arm that executed,have exhibited in this model, a structure unrivalled on the American continent.


By J. O'Neill. The Building Committee of the Ex- change-Their gentlemanly deportment in the execu- tion of their charge, entitles them to our best regard and friendship


By James McClure. The stockholders, directors, architect, and superintendents, with the workmen of the Philadelphia Exchange, whose liberality, design, and erection, have reared a monument that shall long outlive the tenements which they now occupy.


By the Building Committee of the Exchange. The artists and mechanics whose skill and labour have achieved the noble designs of the architect of the Phi- ladelphia Exchange-The board of managers tender to them their thanks for their excellent past conduct, and wish them in future the success which such conduct deserves.


By J. R. Chandler. Wm. Strickland, the architect of the Merchant's Exchange-He will realize the boast of the ancient emperor -. He found us living in a city of brick, and he will leave us a city of marble.


By J. O. Ewing. The city of Philadelphia-Unri- valled in the chasteness of her architecture and the skill of her artizans.


By R. Manser. The Philadelphia Exchange-Chaste in its design, an ornament to our city, and an honor to its workmen.


By Wm. Davis. Pennsylvania-In patriotism, ex- emplary; praiseworthy and enterprising in all social improvements.


By Wm. Strickland. Peter and Philip Bardi, the Italian brothers who sculptured the capitals of the co- lumns of the Exchange-The excellence of their art will be a lasting model for our American chissels.


By J. M. Sanderson. The working men of Philadel- phia-Their deeds louder than words, speak volumes to the admiring world.


The memory of Stephen Girard (drunk standing.)


Our industry has fabricated our wealth: let us enjoy its fruits.


Mr. John Struthers-The skilful builder ard the me- chanic's friend.


Mr. John O'Neill-The practical mechanic and workmen's friend.


Mr. J. M. Sanderson-The telegraph of the mer- chants of Philadelphia.


The Caduceus-The symbol of peace given to Mer- cury by Apollo; while it directs the merchants which way the wind blows, may they stear clear of rocks and shoals -U. S. Gazette.


From Poulson's American Daily Advertiser. ORIGIN OF THE PORCELAIN MANUFACTURE IN AMERICA.


He who by the efforts of genius accomplished a great undertaking, that had hitherto remained a secret to the country in which he lived-who achieved by the un- aided powers of mind, a triumph in the arts that bad baffled all previous experiment, and brought to a de- gree of perfection to rival the production of foreign climes, a manufacture for which we had until that pe- riod, been solely indebted to them, may at least be considered to have been a benefactor to his country, and his memory entitled to the gratitude of a commu- nity, who are ever anxious to award the meed of praise to native talent and enterprise.


WILLIAM ELLIS TUCKER, who devoted years of his life to bring the manufacture of porcelain, to compara- tive perfection in this state, and who struggled with difficulties and disappointments, that would have dis- couraged a mind less enthusiastic, and gifted with less energy of purpose, is now no more !-- and no motive can exist to withhold from his memory the tribute of admiration and esteem, which his genius and industry won for him whilst living.


His knowledge and love of chemistry first led him when quite a boy, to experiment, upon coloring the


294


FIRE PROOF EDIFICE FOR PUBLIC INSTITUTIONS.


[NOVEMBER


white queensware imported from Europe, which he did successfully, with the aid of a small enamelling kiln. His next step was to accomplish the manufacture of this ware; in which, after many attempts upon the different kinds of clay, with which our country abounds, he was entirely successful. But upon the prosecution of this new enterprise upon a large scale, without at this early period (1825) contemplating any thing fur- ther, he abandoned all other occupations, and commenc- - ed his career as the first American Manufacturer of queensware in the old building formerly occupied for the city water works.


It was there, whilst pursuing his unwearied efforts, secluded from society, and denying himself the ordina- ry gratifications of youth, that he conceived and matur. ed the idea of making porcelain.


His researches after the clay used in the composition of queensware, had brought to his knowledge the ex- istence of beds of fellspar, and kaolin, and in every kiln of ware which he burned, experiments were made to produce the body of porcelain.


--


The writer of this short tribute to his memory, can recal to mind the joy with which his first successful ef- fort was hailed. Nature seemed to be opening her hidden resources to him. A new discovery had dawn- ed upon his imagination, and his active mind was bent upon the entire accomplishment of this last and highest object of his ambition.


His former project in which he had been eminently successful, and to the introduction of which, in this country, he incontestibly established his claim, now gave way to the higher and more important art of the porcelain manufacture.


The difficulties he had yet to encounter to enable him to rival, or even approach the splendid productions of France, were immense. But difficulties never dis- couraged him-the energies of his mind always seemed to rise in exact proportion to the obstacles with which he had to contend. The modelling, glazing, gilding, &c., were yet to be acquired, and the powers of his inventive faculties were brought to bear in rapid suc- cession upon each distinct department of this difficult art. In the space of a few years, with disappointment and success alternately stimulating his ardor, and with the expenditure of a large amount of capital, he was enabled to produce ware which, for its beauty of color, surface, and gilding, would compare with the finest specimens of porcelain, made at the Royal Manufactory at Sevres, in France.


Thus, to WILLIAM ELLIS TUCKER are we indebted for the introduction of that noble art in this country; to him belongs all the honor and praise of adding so im- portanta branch to our flourishing manufactures.


Although long known in Asia and Europe, it was by the slow and tedious process of experiment alone, that he acquired the knowledge of what, until then, had remained unknown in America.


Pursuing his discovery, if I may be allowed to use the term, with an enthusiasm that is characteristic of men of genius, he made many important improvements, particularly in the glazing and gilding, both of which are of a very superior kind.


In the year 1831, having successfully conducted the business for more than four years, having triumphed over every difficulty with which the untrodden path of experiment is ever strewed, and began partially to be remunerated for his immense expenditure of time, of labor, and of private fortune, and when he only needed capital to enable him to enlarge his sphere of action, Judge HEMPHILL, one of our most estimable citizens, took an interest in the concern, and furnished the means requisite to erect buildings, and conduct the bu- siness on a more extended scale,


intended purposes, was planned and executed under his immediate supervision.


But just as the arrangements were completed, and he had again commenced to manufacture porcelain, with the increased advantages which were combined in this new and commodious establishment, death closed the scene upon his earthly labors. An attack of remit- tent fever terminated his life in August, 1832, in the 33d year of his age.


Although he did not live to reap the rich harvest in anticipation-to mature and perfect the work he had commenced, yet he has left an imperishable record of lis genius and enterprise in the origin of the porcelain manufacture in America.


THOMAS TUCKER, who is engaged by Judge Hemp- hill in superintending the concern, commenced at an early period, under the instruction of his brother, to learn the business, and has since given evidence of his extensive knowledge in the minute detail of that intri- cate art.


The entire establishment is now owned by Judge Hemphill-is advantageously known over the Union, and justly a favorite in Philadelphia, and under the auspices of so enterprising a citizen, we trust, will long continue to flourish. E.


Philadelphia, Oct. 31.


FIRE PROOF EDIFICE FOR PUBLIC INSTITU- TIONS.


Pursuant to an invitation given to the Literary and Scientific Institutions of Philadelphia, to consult on the subject of erecting a fire proof edifice, for their respec- tive uses, a meeting was held at the Athenæum, Novem- ber 1st, 1833.


PETER S. DUPONCEAU, L. L. D. was called to the chair, and Dr. R. E. Griffith appointed Secretary.


It appeared that the following named societies were represented, viz. the American Philosophical Society, Athenæum, Academy of Natural Sciences, Trustees of the Philadelphia Museum, Historical Society, Mercan- tile Library, Academy of the Fine Arts, Agricultural Society, Pennsylvania Library Company, Library of Foreign Literature, Law Academy. Mr. Roberts Vaux, after making some observations, submitted the follow- ing preamble and resolutions, which were unanimously adopted.


The great value of the Libraries and Scientific Cabi- nets, and the collection in the fine and the useful arts, which are owned by various institutions in Philadelphia, render it the duty of those who are entrusted with their care, to provide for their complete arrangement, exhibitions, and most especially for protection from fire to loss by which they are continually liable. It is more- over highly desirable that such rich stores of know- ledge should be placed in the same edifice, and thus not only afford facilities to those whose pursuits require the frequent consultation of them, but also enquiring stran- gers sojourning in our city, conveniently to inspect these instructive repositories.


In order therefore to ascertain whether it be practi- cable to accomplish an object so important to the pro- motion of learning, and the security of its treasure, by the combined efforts of the institutions alluded to, aided by an opulent and public spirited people-


Be it resolved, that the individuals now convened, and officially connected with the societies interested, will bring the subject before those bodies respectively, at the earliest opportunity, in order to a full exposition, and interchange of opinion, by committees to be ap- pointed, and duly authorized to conter and report there- upon.


And further resolved, that these proceedings be transmitted to the presiding officer of each institution to which they are applicable, and that they be publish- ed for the information of our fellow citizens, all of whom


The result was the American Porcelain Manufactory, now in successful operation, on Chesnut and Schuylkill Sixth street. He lived to finish that undertaking, and the whole building, which is admirably adapted for its | are deeply concerned in the preservation and extensive


1833.]


PROCEEDINGS OF COUNCILS.


295


usefulness of the rare and curious collections in ques- tion.


On motion of Mr. S. Gratz,


Resolved, That the respective bodies to whom these resolutions may be sent, be requested to transmit to the Librarian of the Atheneum the names of the members of the committees by them appointed for this purpose. On motion of Judge Hopkinson,


Resolved, That when this meeting adjourn, it adjourn to meet on the first Monday of December next, at 4 o'clock, P. M.


Adjourned.


PETER S. DU PONCEAU, Chairman. R. E. GRIFFITH, Secretary.


From the Philadelphia Gazette. PROCEEDINGS OF COUNCILS. Thursday evening, October 31, 1833. SELECT COUNCIL.


Mr. Groves presented a resolution concerning the election of managers for the Wills Hospital-laid on the table.


Mr. Worrell presented a petition from sundry citi- zens, praying that Schuylkill Third and Fifth streets, from Market to Spruce, may be paved, and for the re- gulating and planting of Rittenhouse square. Referred to the Paving Committee.


Mr. Lippincott presented a petition from sundry in- dividuals, praying that the use of the Hall of the market- house in Second street, may be granted to an associa- tion of young men, for the purpose of a reading room, recently established in the southern section of the city. Referred to the Cornmittee on Markets.


On motion of Mr. Lewis, Council resumed the con- sideration of the following ordinance appropriating $40,000 from the Girard Fund, to the improvement of city property.


AN ORDINANCE


For the appropriation of forty thousand dollars from the income of the Girard Estates, for the improvement of city property.


Section 1. Be it ordained and enacted by the citizens of Philadelphia, in Select and Common Councils assem- bled, That forty thousand dollars, part of the accumu- lation of the income of the residuary trust fund of the Girard Estate, be, and the same is hereby appropriat- ed for the improvement of city property, agreeably to the third item of the twenty fourth clause of the Will of the late Stephen Girard.




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