USA > Pennsylvania > Philadelphia County > Philadelphia > Warwick's Keystone commonwealth; a review of the history of the great state of Pennsylvania, and a brief record of the growth of its chief city, Philadelphia > Part 23
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When Governor of the Commonwealth, he appointed as Chief Justice, William Tilghman. The appointment, however, did not meet with favor by the leaders of the Democratic party and a committee waited upon MeKean and made known to him the object of their visit. The Governor, profoundly bowing and assuming an air of great curiosity, asked what the Democracy de sired. "We want," said the speaker of the committee, "a man more loyal to the principles of the Democratic party." "Indeed," said the Governor, "you may return to your constituents and tell them that I bow with submission to the
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will of the great Democracy of Philadelphia, but by God! William Tilghman shall be Chief Justice of Pennsylvania."
Judge Samuel Chase was appointed an associate Justice of the United States Circuit Court for the District of Pennsylvania in the year of 1796. He was a man of uncommon ability and broad learning, but at times most arbi- trary in his conduct and in rulings. He was never what might be called a fa- vorite with the bar. Upon one occasion, Samuel Leake, Esquire, who prac- ticed law in Trenton, New Jersey, appeared before the Court to take part in an argument. He was well known as a case lawyer and always cited an end- less array of authorities. On the day in question before the opening of the Court, he was found busily engaged in arranging a long line and piles of law books on the table at the bar of the court, and was taking the greatest care in placing them in orderly succession so as to have them conveniently at hand during the course of his argument. The Judge, shortly before Court con- vened, appeared upon the Bench and looking down upon the lawyer arranging his books asked him in an abrupt manner, "What have you there, sir?" Mr. Leake replied, "My books." "What are they for?" said the Judge. "I intend to cite from them my authorities," said the lawyer. "To whom," said the Judge, "do you intend to cite them?" "To your honor," was the answer, and the Judge ended the colloquy by abruptly saying, "I'll be d-d if you do." Such conduct was at least uncivil, and it is not known what course was pur- sued by the lawyer in the face of so sharp a denial of justice.
In proceedings for treason against a man by the name of John Freas, Justice Chase, before hearing any testimony in the case, submitted in writing to the lawyers on both sides his views upon the law as he intended to lay them down before the jury in his charge. This was so clearly a prejudging of the case, that Mr. Lewis and Mr. Dallas, representing the defendants at once with- drew, and the District Attorney was compelled to prosecute the prisoner anrep- resented by counsel. The trial resulted in the conviction of the defendant and the Judge forthwith imposed upon him the sentence of death. The pris- oner, was, however, subsequently pardoned and the Judge, because of his ar- bitrary ruling in the matter, was impeached in 1804 before the Senate of the United States, but after a long trial was acquitted.
Justice Chase was succeeded by Bushrod Washington, one of the greatest Judges that ever sat upon the Bench in this country or in-any other. He had devoted his whole life to the study of law and gave but little time or thought to any branches of learning outside of it. His opinions were written in a clear, simple style but without any adornment. He never indulged in the cus- tom so common in those days of quoting from the classics, or even from standard English authors. In fact, it was said by some one who knew him well that it was a question whether he knew by whom Hamlet was written. But his purity of mind, his fairness, his amiability, his patience made him an ideal Judge and his reputation as a jurist is linked with that of the great Mansfield. Upon a tablet which appears on the walls of the District Court of the United States in this district, recording the respect and affection of the members of the Philadelphia Bar, the following language sums up eloquently his attri- butes: "Distinguished for simplicity of manners and purity of heart. Fearless
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and enlightened as a Judge, no influence or interest could touch his integrity or bias his judgment."
With the name and reputation of Bushrod Washington may be coupled that of William Tilghman. He was appointed in March, 1801, by President Adams, Chief Justice of the United States Circuit Court for this circuit. Ile was called one of the "midnight judges" from the fact that President Adams, just before his retirement, made a batch of Judicial appointments, among which was named Judge Tilghman. A better selection could not have been made, for he was not only learned in the law, but had every attribute that made him preeminently a jurist of the first order. With integrity, without bias, with deep learning and with a cultured mind, he must be reckoned among the great ornaments of the Bench. The Act creating the Circuit Court was subsequently repealed by Congress. Mr. Tilghman was born on August twelfth, 1756, in falbot County, on the eastern shore of Maryland. Ilis fam- ily owned an extensive plantation on the Chester River in Queen Anne's County, and it was here, from 1776 to 1783, he pursued his legal duties. Part of this time he resided in Chestertown, the County Seat of Kent, in those days an important settlement in Maryland, and a port of entry. He subsequently removed to Philadelphia where he practiced law successfully until his appoint- ment in 1806 to the Bench as Chief Justice of the Supreme Court of this State. His two Associate Justices in this Court were Jasper Yeates and Hugh Henry Breckenridge, both interesting men because of their peculiarities.
The former was a tall, dignified man in appearance, most careful in the matter of his attire, and possessed of a good knowledge of the law. Breck- enridge was almost as tall as his colleague, but was raw boned and with a slight stoop in his shoulders. He was dark, with sallow complexion and wrinkled face, he was generally unshaven and his hair uncombed. He was most careless in his manner and style of dress. As a usual thing he wore a rusty coat that appeared as if it had not been touched with a whisk or brush for months. He wore small clothes, without suspenders and at times it looked as if his breeches were losing their bearing. He was always shod with great heavy boots, and a cravat was twisted around his neck which a wag remarked, resembled a hangman's noose. Often when presiding at a trial, if the weather was hot or oppressive, he would remove his coat and vest, pull off his boots and prop his stockinged feet against the desk. He seemed to delight in ignor- ing every form of etiquette and decorum and this too in the presence of as re- fined, as cultured and as accomplished a group of lawyers as ever practiced at any bar. If it had not been for his known integrity and his really great power as a judge his unseemly conduct would, no doubt, have induced his impeach- ment.
In those days the Judges rode the circuit on horse-back and upon one occa- sion, when journeying to his Court, the Judge was overtaken by a terrific storm of wind and rain. Not having any clothes with him other than those which he wore, he got off his horse, undressed, wrapped his garments in a wad and placed them under the saddle and with nothing on but his hat and boots, jumped upon his steed and pursued his way. Meeting a friend on the road, he explained his condition by saying, "Though I am a Judge, I have but one
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suit and if I had not resorted to this scheme it would have been ruined, whereas the shower bath can only give me a dressing." Breckenridge and Yeates were not on the best of terms. There was always a want of harmony between them, and at times there existed a personal enmity. Upon one occasion, the two Judges reached the Court before the arrival of the Chief Justice, and took their accustomed seats. While waiting for the coming of Mr. Tilghman, Judge Yeates occupied the time in eating an apple, and the noise he made seemed to give great annoyance to Mr. Breckenridge, who, growing impatient, said, "I thought, sir, you once informed me that you had been in London, visited West- minster Hall, the courts of law, and saw Lord Mansfield?" "Yes, sir," said Judge Yeates, puffing out with importance, "I had that honor." "Pray, sir," was Breckenridge's reply, "did you ever see his Lordship munch a pippin on the bench?" It is not known whether Judge Yeates continued devouring the apple or threw the core at his colleague's head.
One of the early Judges of the Court of Common Pleas of Philadelphia County was Jacob Rush, brother of the distinguished Dr. Benjamin Rush, one of the signers of the Declaration of Independence. Jacob Rush was a man of great ability and of deep religious devotion, as will be seen by the lan- guage used in the following unique sentence which he imposed upon Richard Smith in 1816, who had been convicted of the murder of a man by the name of Carson. Addressing the prisoner, the Judge solemnly said: "As your con- tinuance in this world will be for a short time, it becomes you seriously to re- flect upon the world of spirits into which you will soon be launched. Dream not, I beseech you, of annihilation or that death is an eternal sleep. The more you indulge in such unfounded speculations the greater your disappointment and horror will be when you awake in the eternal world. Life and immor- tality are brought to light by the Gospel. In this precious volume one has dis- covered a true man and the fall and depravity of man and all his elevation and happiness through the atoning blood of the Son of God. Here and here alone a soul lost and bewildered in the maze and difficulty can find a clue to guide him to the day spring on high-the Saviour of sinners.
"A particular feature of this display of infinite wisdom and goodness is that it opens a door for the most abandoned sinners to return to a means of re- pentance.
"Murderers have been pardoned. Therefore, you may be pardoned in the face of your repentance and wash over your sins in the blood of Jesus that cleanses from all sins. To this blood you must apply if you wish to escape the regions of perpetual sorrow and despair. I, therefore, advise you to strive to another end to accomplish what is good. Double diligence, nay, tenfold dili- gence is necessary in your alarming situation. You have but a short time to live and a great work to accomplish in the space of a few weeks. It becomes you, therefore, to work out your salvation in fear and trembling, for it is God that works in you the will to do His own good pleasure.
"You are a young man, cut off by vice in the morning of your days. Your sun is scarcely risen before it is set, not, I hope in the shades of ever- lasting night, but that on the morning of the resurrection you may shine in robes of innocence, purchased in the blood of the Lamb.
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"Now, to the Court's mercy and to the goodness of God, I commend you, and conclude with this request, that immediately upon your return to prison you send for some pious divine to pray with you and assist vou in preparing for the awful change that soon awaits you.
"The sentence is that you be taken from hence to the jail of the City and County of Philadelphia from whence you came and from thence to the place of execution and be hanged by the neck until you are dead, and may God have mercy upon your soul."
The same Judge, in charging the Grand Jury respecting horse racing said: "It is attended with many evils which seem interwoven in its very na- ture and a horse ground is a theatre and hot-bed of every vice. The spirit of gambling is infectious, and often seizes persons of ardent and impetuous tem- per who being once caught in the toils are seldom able to extract themselves from its enfolding chains.
"The report of a horse race spreads far and wide without the aid of a newspaper and is a well known signal for collecting together from all parts of the community sharpers and gamblers of every character and description. Thither they repair as to their native elements to practice all of the deceitful arts of their profession with great latitude and success. In short, it would be hardly possible to name the spot upon the face of the earth which combines so many means of destroying the virtue and morality of a country as a horse race." This charge has the ring of one of the messages of Justice Hughes of the Supreme Court of the United States, transmitted to the New York Legis- lature when he was Governor.
Another Judge, of that period, of preeminent ability was John Bannister Gibson, born on the eighth of November, in the year 1780. Ilis father was a Colonel in the American army, and was killed at St. Clair's defeat by the Indi- ans in 1799. His early educational advantages were very meagre, but by dint of industry and application he was enabled to enter the Junior year at Dickin- son College, which institution, however, he left in his senior year, without graduation. He then entered the office of Judge Duncan, a well known law- yer of that day and after a course of study was admitted to the bar in March, 1803. He began the practice of his profession in Beaver County in this State. but meeting here with little success he afterwards went to Hagerstown, Maryland, then to Carlisle, where he built up a fair practice. He was Scotch-Irish, and had all the qualities that characterize that sturdy race of men. In 1816, upon the death of Judge Breckenridge, he was appointed his successor. Tilghman was still chief Justice, and with Gibson as an associate, the Court became one of the most dis- tinguished in this country. In fact, its opinions were quoted as authority in the English Courts. These two great men, without in any wise detracting from the merits of each other, formed a combination that gave lustre to the American Bench and Bar. Gibson was a tall man, about six feet four inches in height. Ile was warm in his manner and as simple, as frank and open as a child. fle was most companionable in disposition and loved at times to in- dulge in the pleasures of the table. He was not, as a rule, an indefatigable worker and would not exert himself unless the occasion required it. His mind was clear, analytical and logical, and his power of expression most lucid, for
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while men were wondering how to decide, he convinced them of the simple truth expressed in the clearest and most concise phrases. Chief Justice Tilgh- man died on the twentieth day of April, 1827, and Judge Gibson was appointed his successor.
These few short sketches of some of the early Judges in this State ought to reflect the quality of the Bar, for if the Bench be strong the Bar should be of equal merit, for it is from the Bar that the Judges are chosen.
It was at this time that the Philadelphia lawyers made a reputation for themselves which still clings to their successors. In the first quarter of the
+ last century the names of William Lewis, Jared Ingersoll, William Rawle, Tilghman, Duponceau, Dallas, Hopkinson, Reed and Bradford stand forth pre-eminently as talented law- yers. They, indeed, would have been great in any age and under any con- ditions.
William Lewis was what we would call a self-made man and cor- responds, perhaps more closely with the active practitioner of today than any of his contemporaries. He was a country boy, born in Chester county and had no early educational advant- ages. The story runs that upon one occasion he drove into town with a load of hay, but before returning to the farm, he took a stroll through the city, and in his wanderings stopped in one of the courts, located at that time in the neighborhood of Second and Hox. Joux B. GIBSON. Market streets. So interested did he become in the arguments of counsel and so impressed was he with the whole scene that he made up his mind to do everything in his power to reach the Bar. Without influence and without money, he applied himself to study and read every book that came within his reach. In the course of time he entered the office of Nicholas Waln-not only a distinguished lawyer of that day, but also an excellent preceptor. He served here as a clerk rather than as a student at law, for he received from Mr. Waln a stipend for his services, which enabled him to live in a frugal manner. Every moment of his time, however, that could be spared from his routine duties, he devoted to the acquisition of a knowledge of the law. When he came to the Bar his success was immediate, for his ability was recognized not only by his brothers in the profession but also by the general public. Hle rose very rapidly and was soon one of the recognized leaders of the Bar. His powers of reasoning were of the highest order and, notwithstanding the disadvantages of his early years he acquired in time a use of the English language that was remarkable for its purity. (f
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a logical and analytical mind, there was no question of law, no matter how abstruse or abstract, that he could not master. He was strong, too, not only at the Bar of the Court but before the jury. He was most fluent in speech and at times rose to real eloquence. His voice was somewhat harsh, but it was powerful and always well under control. His sarcasm was bitter and cut- ting, and he was not loath to use it if occasion required. Jared Ingersoll was, perhaps, taking all in all, the "facile princeps" of the Bar at that period. Not only was he learned in the law, but he had also a broad culture.
William Rawle, Edward Tilghman, Duponceau and Dallas were all men of a high class. When they attended the sessions of the Supreme Court in Washington, they hired a stage coach and enjoyed the journey to the Capital as a sort of vacation like boys let out of school. Reminiscences, anecdotes and jokes made the hours that otherwise would have been tedious, pass away rapidly and pleasantly, but how delightful and instructive must the conversa- tion have been when they seriously discussed a question of law, of politics, of science or of literature.
It was truly a group of great men and upon one occasion when they en- tered the Supreme Court room in a body, Bushrod Washington was heard to say to his colleagues on the Bench, "This is my Bar." Ile had every reason to be proud of claiming relationship with so great a body of lawyers.
CHAPTER XVIII.
THE THEATRES. GARDENS AND PLACES OF AMUSEMENTS. GAMES AND SPORTS.
PAVING. LIGHTING OF STREETS. CASPAR WISTAR. LOTTERY.
FIRES. STREET SCENES.
W THILE Quaker influence predominated, the playhouse among certain classes of people, was looked upon as an abomination, as a very entrance to perdition; but as time wore on the theatre grew in popular favor. Washington, as we have already stated, during his residence in this city occasionally attended dramatic performances, but the scenes at times were so tumultuous that it is not surprising that reputable peo- ple hesitated to indulge in the pleasure of visiting the playhouse. The gal- leries often were crowded with a mob of hoodlums and these rowdies inter- rupted the lines of the actors, and hooted and jeered those players who did not meet with public favor. Vulgar and lewd remarks were made which would bring a blush to the cheek of modesty, while those who occupied the pit had showered upon their heads apple parings, cores, orange skins and nut shells ; in fact men were compelled to wear their hats as a sort of protection from this storm of missiles. The occupants of the boxes, between the acts, indulged in smoking as well as in drinking. Women of the street frequently invaded the lobbies and made themselves conspicuous by their conduct and style of dress.
When Edwin Forrest, as a boy, made his first appearance on the stage at the Southwark Theatre, dressed as a girl, one of the gallery gods cried out, "Look at his legs and feet," which remark so angered the young actor that he dropped his lines, and turning in the direction whence the voice came, threat- cued, with clenched fists, "to lick" his interrupter "like h --- 1," when the play was over. It may be said, too, in this connection that, from all accounts, young Edwin was a husky lad, who was a tough fighter in a rough and tumble scrim- mage. He was, however, without ceremony hustled from the stage and driven behind the scenes and it was thought that this incident would put an end to his dramatic ambitions.
The actors had their rivalries, and their partisans frequently indulged in cheering or hissing and hooting as the case might be. In fact, the disturbances were so great at times that the play could not proceed. There were instances when the performances were interrupted by a free fight, and the only way to end the fracas was by extinguishing the lights. Often the gallery gods and the occupants of the boxes would assail each other and keep up a running fire of defiance and challenges.
When the Chestnut Street Theatre was erected public announcement was made, in order to induce the public to attend the performances, that "the great- est attention will be paid to the decorum of the theatre. Special officers of police are expressly engaged for the preservation of order and every violation
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of propriety will be referred immediately to the Magistrate without the least respect to persons."
Notwithstanding these violent scenes, which were of frequent occurrence. a Philadelphia audience was considered the most critical in the country, and if a player made "a hit" in our theatres his reputation spread broadcast. The managers of the Chestnut Street Theatre kept their promise to preserve order and as time went on they fairly succeeded in their efforts, and gradually de- veloped a taste for the highest phases of dramatic art.
Wignell was a son of an actor in the company of David Garrick, and he
THE CHESTNUT STREET THEATRE.
gathered together under his management a company of well trained actors and actresses and did much to improve the dramatic taste of the people. He died in 1803, and his wife was afterwards associated with a man by the name of Reinagle, who had been in partnership with her husband. She subsequently married William Warren who was a great favorite in Philadelphia. She died in 1808, and Mr. Warren then formed a partnership with William Wood, and it was under the management of Warren and Wood that the theatre became an institution. The stock company formed by this management consisted of Joseph Jefferson, the elder, his sons, John Jefferson and Thomas Jefferson, John Dar- ley, Mrs. John Darley, Mrs. William B. Wood, J. J. Wheatley, Mr. and Mrs. Henry Wallack, Mrs. Oldmixon and some others of less distinction; a list of actors and actresses that added renown to the dramatic profession, and of whom our grandfathers never ceased to speak in enthusiastic praise.
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A number of English actors from time to time visited this country, among whom was Thomas Apthorpe Cooper. He immediately rose in the es- timation of the playgoers and was given in Philadelphia a most hearty recep- tion at his every appearance,
In 1811, George Frederick Cooke arrived in this country. He was an English actor, who, if we are to judge from the accounts given of his talent, would have been famous in any age or on any stage. He opened his season here in the character of Richard the Third. The house was jamimed from pit to dome, and his rendition of the character was received with shouts of ap- proval, the audience rising in their seats and cheering him at the conclusion of the performance. At the time of the opening of the box office, a great crowd gathered before the theatre to purchase seats for the initial performance. The first appearance of Cooke was on a Monday night, but it was as early as Sun- day evening that people began to gather about the doors of the theatre. The well-to-do people who were anxious to attend the performance secured the services of "porters," draymen, and persons of every hue to stand in the line. It was not a case, however, of first come first served but of the roughest and the strongest, and so great was the excitement of those who tried to get near the box office that coats were torn off and hats were lost in the scrimmage. "The crowd blocked up Chestnut and Sixth street corners," says an eye-wit- ness, "even to the Court House and old Mr. Duponceau's dwelling. It was prodigious." A certain doctor, in order to get a place close to the window, resorted to the nasty trick of throwing snuff into the faces of the crowd. His first attempt was successful, for the people gave way on all sides, but when he made another attempt to do the same thing, he was seized by some infuriated men and roughly handled. When the theatre opened on Monday night the crowd was so great about the doors, waiting to catch a glimpse of the famous actor, that the box holders could hardly find their way into the house.
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