Area History: Watson's Annals of Philadelphia and Pennsylvania, 1857, Vol I: Chapters 28 - 33 Contributed for use in USGenWeb Archives by EVC. USGENWEB NOTICE: Printing this file by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. We encourage links to the state and county table of contents. ____________________________________________________________ WATSON'S ANNALS of PHILADELPHIA and PENNSYLVANIA Vol. I Written 1830 - 1850 Chapter 28. PRIMITIVE COURTS AND TRIALS "Where gross misconduct meets the lash of law." In the first judicial proceedings of the city, the governor and council exercised a general jurisdiction, so that all matters, whether original or appellate, down to the most trivial events, were subject to their decision. The punishments, too, were such as they might choose to decree. These earliest records are preserved. The first are dated Philadelphia, 10th of 1st mo. 1682 - 3. Some cases which I deem most curious I here preserve, to wit : At the first court held 11 January, 1682 --- the list of the Juries were thus: GRAND JURY Henry Lewis Wollis Swenson John Goodson Andrew Swenson Patrick Robinson Gunner Rambo Thomas Crosse John Stiller Thomas Bowman Mounts Cock Henry Waddy Andrew Binkson William Howel Richard Wall, senr. Erick Mulleker John Cock Henry Waddy John Parsons PETIT JURY Charles Pickering (foreman) Erick Cock Thomas Phillips Christian Thomas Samuel Buckley Peter Dalbow John Tibby Evan Oliver Charles Lee Lacy Anderson Andrew Grissman* Nehem. Michel *Spelt Andrew Grescome. The Grand Jury present, to wit: 1st. That the swamps coming into the Blue anchor [Dock creek], be forthwith made passable for footmen. 2d. That Coquenakar (Pegg's Run) creek, at the north end of the city, be made also passable for footmen. 3d. That the creek called Coanxen [Coacksink] going to Shakamaxon be bridged, or cannowed [passed by canoes]. 4th. That the creek at Tankanney [Takony] and Gunner Rambo's be bridged or cannowed. 5th. That the king's road from Scuilkill [Schuylkill] through Philadelphia to Neshemeney creek may be marked out and made passable, for horses and carts, where needful, and to ascertain, with Chester and Bucks, where to fix the ferries of those creeks, the Scuilkill and Neshemeney. 6th. We present the want of a county court house. In the said first court, appeared sundry Swedes, Finns and Dutch, to be naturalized, by their petitions for allegiance, according to an order of Assembly, held at Chester the 7th of 10th mo. 1682, to wit: Lacy Cock Peter Nelson Peter Rambo Christian Thomes Swan Swanson Erick Mulloker* Andrew Swanson Peter Cock, jun Wollis Swanson John Bowles Lacy Anderson Andrew Galem Mounts Cock John Stiller [now Stille] Erick Cock Lacy Dalbo Gunner Rambo [* Is not this the name of Mulliker's hill, N.J.] The examination of the evidence of Christian Closses' dead child is stated to this effect, the 22d of 10th mo., 1682. It is signed by ten names, examiners on jury, and by Doctors Thomas Wynne and John Goodson, and by John Longhurst, as justice. The child was found dead --- had black and blue spots, and a crooked leg. It was proved the mother had a quarrel in the harvest field with her husband, and that she got then bruised in the same places generally. The two physicians thus certify, that "they found it much after the manner that the witnesses proved". The Grand jury --- mark if "we find out". At the second court, held 7th February 1682, I see among names of the Petit Jury, to wit : William Warner, senr. James Kite Thomas Philips Richard Tucker Peter Yoakum Nathaniel Allen Matthias Underhille Nathaniel Harden John Warner Jonas Nelson GRAND JURY NAMES [some] Patrick Robinson [foreman] John Stiller [Stille] Thomas Crosse John Stiller Jonathan Fisher Kinder Petersons William Cobb Among the presentments, I read : stumps in the streets to be removed. The want of a bridge on Chooxunck (Tomamamby) near Shackamaxon; a bridge or ferry over Takonie, Pomobem, Pootquessing, Neshamaneh, &c. That Mr. Jacobus Fabritis, &c., hath broken the ceremony of their own church, by making John Skeetch and Mary Smith believe they were married, and causing them to lie together, which is unseemly. They present that men do come armed with swords and guns, and especially one young man, name unknown. --- [on a side slip, above the Indian names are plainer spelled thus : Cooxen, Tamaramaming, Tackaney, Pemapecka, now Pennepack.] Benja. Chambers is Sheriff. John Cock constable, for lower part of county, and Nathaniel Harden, for upper part of county. --- The indictment against said Skeetch, said he had before two wives in Bristol, England; and had now taken Mrs. Smith here to wife --- "not found". His petition was filed praying to be stocked, rather than to be beaten with twenty lashes; J. Fabritius signed their marriage as "pastor", &c. An arrest was granted upon Andrew Ball, for Swanson's geese. I see the name of Lasse Cock, in its original, pretty good ! [two years after he was naturalized], company meets at the Blue anchor Inn, I see occasionally. The third court 7th of 1st mo. 1683 --- The Grand Jury present John Day and Thomas Phillips, overseers, for not removing stumps, &c., out of the front lots, --- also a want of a prison. They present a ship firing guns, on the first day of the week. They present Griffith Jones, one of the Justices, for selling victuals and drink without a license --- a true bill. At the fourth court 4th of 2nd mo. 1683 --- The Grand Jury present the want of rings to snouts of swine. They present those who know their lots in the Front street, and do not clear them of stumps and roots. At the fifth court 20th of 12 mo. 1683 --- Benjamin Acrod high constable returns nine names which neglected to attend to make a foot bridge at Pemma-pecca [Pennepack], making those which did attend discontented. Say William Ball, Joseph Ashton, John Summers, Christian Closson, and Benjamin Duffill, &c. The grand Jury present, the trees that are offensive in this city shall be cut down. The want of a bridge at Qucinomin creek. At this court is a case of an award of "the peace makers" (say William Warner, Henry Lewis, and Gunner Rambo), who decided, that the six men shall pay Justa Andrason his demand. They are all Swedes, and each to pay 40 gilders 10 stivers severally to him. Two Swedish women are indicted for drunkenness. At the sixth court 1st of 6th mo. 1683 --- A mittimus was ordered to be drawn to commit Jos. Fisher to the Sheriff for affronting the court ! {Note : mittimus = a warrant of commitment to prison} The Grand Jury present the necessity of a prison for the county, and recommend that a tax be laid, and that an estimate be made and reported to the next court. At the eighth court 2d of 7th mo. 1685 --- the Grand Jury agree, that in lieu of 60 Pounds to be paid to Lassy Cock, for building a log house in the Second street intended for a county gaol, he shall have the said log house with the ground it stands on, with the spot of ground adjacent, and a legal title thereto to be procured from the governor with a proportionable lot in the Second street, for which the said county shall satisfy the governor, and shall pay to said Lassy Cock 6 Pounds out of the first collected publick levy, on consideration, that it doth appear that the said log house cannot be sufficient for the purpose aforesaid intended. The court notified the above agreement, and "the rather, because the said Lassy Cock was satisfied with the same". {Note : notify = give formal notice to... the rather = archaic; the more quickly or readily} In 1693 --- Indian Ben petitions the court for his freedom --- states, that he was originally a native Indian of New England, brought from Rhode Island by William Coddington, Esq., that after his death, the widow became the wife of Robert Ewer, (a Friend, owner of Blackhorse alley) who now holds him still to service. He prays release, &c. The 17th October, 1693 --- appears an order for the regulation of the Market by the governor and council, to be located in High street, where the Second street crosses it, and in no other place. That the market shall be opened twice a week by ringing of bell. That none shall vend, and none shall buy on the way, under a penalty. A clerk of the market is appointed, and his fees are derived from the sellers. The 29th of November, 1693 --- Michael Gambler and Joan Sellers, on their marriage, give bond to the king and proprietary, to forfeit and pay, in case there should thereafter appear any lawful impediment --- so also Joseph Davenport and Margaret Bradshaw, in 1696, [fine signatures to their bonds]. >From another book of record, I extract the following, to wit : 20th of 1st mo. 1683, Nathaniel Allen complained to the governor and council, that he had sold a servant to Henry Bowman for six cwt. of beef, with the hide and tallow, and 65 Pounds sterling; also that he had hired his boat to the said Bowman and another, for one month, which they detained eighteen weeks. The beef, tallow, hide, and money were all detained. He prayed redress of those grievances; whereupon it was ordered that William Clarke, John Simcoe, and James Harrison, should speak to Henry Bowman concerning this matter. The simplicity of the subject, brought before the Governor of a great country, reminds one strongly of the Patriarchal tribunal of Moses, when he was worried with petty complaints, until he got him seventy of council to help him ! 9th of 4th mo. 1683, a proclamation issued by the governor and council, saying, that ye constables in this city should go to public houses to see good order kept, and the people should not stay longer at an ordinary than such an hour. 20th of 4th mo. 1683, the County Court of Philadelphia is fined 40 Pounds "for giving judgement against the law". The property for which action was brought, was a tract of land in Bucks county. The case was brought before the governor and council by appeal. It was decided by "the board" that an appeal did not lie. They ventured, however, while the matter was fresh in their memory, to fine the County Court of Philadelphia as above stated. On the 26th of 4th mo. 1683, Nicholas Bartlet, plaintiff, vs. F. Whitwell, who claims redress for an underrated appraisement, receives a decree that the defendant pay three cows and calves. As a sample of the condescension of the governor and council of Pennsylvania, take the following extract, to wit : 8th of 7th mo. 1683, Philip England made his complaint against James Kilner, who denieth all alleged against him, only the kicking of the maid, and that was for spilling a chamber vessel upon the deck; otherways he was very kind to them. On the 24th of 8th mo. 1683, Charles Pickering, Samuel Buckley, and Robert Fenton, "for putting away bad money", are put to their trial. The foreman of the jury desired that the prisoner, C. P. would tell him who had the money of that he paid to several people; but he sought to evade, saying "the money any person received of him, he would change it, and that no man should lose by him". The governor (William Penn) charged the jury, and afterwards (the verdict of the jury being given), gave the sentence of the court that "Charles Pickering should make full satisfaction in good and current pay to every person that shall within the space of one month bring in any of this false, base, and counterfeitt coyne, (to be called in by proclamation), and that it shall be melted into gross before returned to thee, and thou shalt pay a fine of 40 Pounds towards the building of a court house in this towne, and stand committed till payd, and find security for thy good abearance". The sentence of Samuel Buckley was, that "the court, considering thee more ingenious than he who went before thee, hath thought fit to fine thee 10 Pounds towards a public court house". And Robert Fenton, "because of his being a servant and of his ingenuity, [candor] in confessing the truth, is to set an hour in the stocks on the next day". 16th of 2 mo. 1684, William Penn being present, the council determined that there shall be a Provincial Court of five Judges to try all criminal cases and titles to land, and to be a court of equity to decide all differences upon appeals from the County Courts. And it being afterwards conceded that the Governor had the power by charter to choose Judges for life, he therefore, On the 4th of 6 mo. 1684, did appoint the first Judges to wit : Nicholas More, William Welsh, William Wood, Robert Turner and John Eckley, of whom Nicholas Moore was Chief Justice. These were first appointed Judges, and in the absence of some of them the council sat for making decisions. After this time, the same Judges often received renewed commissions under the Broad Seal. The 10th of 3 mo. 1684, the governor informs council that he had called the Indians together and proposed to them to let them have rum if they would be contented to be punished as the English were, which they did agree to, provided that the law of not selling them rum be abolished. 13th of 3 mo. 1684, "Andrew Johnson vs. Hanse Peterson. There being a difference depending between them, the Governor and council advised them to shake hands and to forgive one another, and ordered that they should enter into bonds for 50 Pounds apiece, for their good abearance, wh. accordingly they did. It was also ordered, that the records of court concerning that business should be burnt." 15th of 3 mo. 1684, "Ordered that four of the members of this board acquaint the Assembly of their breach of privilege, and that they send their amendments in, short; and reproved Henry Stretcher for being disordered in drink". 26th of 5th mo. 1684, "Thomas Lloyd, Thomas Holmes, and William Haignes appointed to draw up a charter for Philadelphia, to be made a burrough, consisting of a Mayor and six Alderman, and to call to their assistance any of the council". 11th of 3 mo. 1685, proclamation of James II, and the papers relative to ye death of Charles II, and the speech of his successor, solemnly read "before ye Governor's gate in ye towne of Philadelphia". 18th of 3 mo. 1685, "The speaker with the Assembly attended this board, and declared that they were abused by Patrick Robinson, who said, `you have drawn up an impeachment against President Moore at "hab nab",' Random, for which they desire satisfaction". "The President and council taking into consideration the words spoken by Patrick Robinson, clerk to this board, concerning the Assembly, that the impeachment against Judge Moore was drawn `hab nab' which expressions of his we do unanimously declare to be undecent, unallowable and to be disowned." The subject was taken up in council a few days after, when it was decided that Patrick Robinson could not be removed from "his clerk's office" until he was legally convicted of the offence; after which, "it is resolved that he shall be readily dismissed from any publick office of trust in this government", and which was eventually done. ** [The above Patrick Robinson's house was rented by the Sheriff as the prison. I see him on another occasion acting as a lawyer, at the court in Bucks county.]** 17th of 9 mo. 1685, all the families living in caves, ordered to appear before ye council. (What a groupe for the pencil of a Hogarth !) This order was occasioned by the representations of the Magistrates of Philadelphia, and enforced by a letter they had received from the Governor, who was then in England. No one, however, thought proper to obey the order. The council gave "further notice, that the Governors orders relating to the caves, will be put in execution in one month's time". 9th of 11 mo. 1685, (erroneously ` 89 in the record), all retailers of "strong liquor" in Philadelphia, ordered to hand in their licenses to the council, which were to be void after the day appointed for giving them in, which was "the 15th instant", to be renewed by "such as think fit". The preceding examples of cases are extracted through the politeness of James Trimble "the minutes of the Provincial Executive" preserved at Harrisburg, where more of similar ancient story remains to be explored by the industry of others, favourable to this kind of research. I have had access to some of the court records still preserved in Philadelphia; being those of the Quarter Sessions and Common Pleas, written in curious and difficult black-letter hand. I extract the following facts, to wit: Year 1685 --- John Rambo is indicted, and gives Peter and Gunner Rambo securities in 500 Pounds for his appearance, to answer an indictment preferred by Peter Cock of Kiphah [all Swedish families I think] for his having had criminal intercourse with his daughter Bridget. The witnesses testify that about the time of Christmas 1684, the said John Rambo came at midnight to the house of her father, and by pulling off a plank of the house, on the loft, near the chamber, he jumped down to the floor, and directly after got into the bed wherein said Bridget, and her two sisters (aged 16 and 19) were also laying; saying he was resolved to be the husband of Bridget, (even as his brother had before taken another sister) and must therefore lie there. Whereupon, there being a crowded place, the two sisters, with strange submission, withdrew and lay upon the floor all night in a cold December ! The court, after the verdict of the jury, adjudged John Rambo to marry Bridget before she be delivered, or then maintain the child. Both to be fined 10 Pounds each. This Bridget was sister to Lassey Cock --- a name before mentioned in Penn's council, and a Justice of Peace. Afterwards, said Rambo was fined 150 Pounds for non-compliance. Some may wonder who and where are now the descendants of this disputed love ! The name of Rambo is still among us, Jonas Rambo, a good man, of Upper Merion, died lately in his 70th year, at the same farm held by his family one hundred and forty years. The court about this time appointed the justices, constables, road overseers, &c., from time to time. William Orion is fined five shillings for being twice drunk. The Grand Jury present Joseph Knight, for suffering drunkenness and evil orders in his cave, and several drinking houses to debauch persons, are also presented. They present also the want of a prison, also the want of a convenient road from Schuylkill ferry to Darby. They present the County Attorney, Samuel Herset, for not securing a robber in fetters when committed to him. They present the want of a bridge in the road at the north end of the town [meaning at Poole's]. They present all caves by the water side as unfit for houses of entertainment, and as giving many an occasion there to forestal the market. All deeds for conveyances of land are acknowledged in this court, and the names, dates and quantities are recorded in its minutes. John Moon is fined 20 Pounds and his servant, Martha Williams, 10 Pounds for fornication, and to be obliged to be married before the delivery of the child. William Penn had a servant of this name who settled in Bucks county --- a Friend. April 1686 --- The Grand Jury present several names for selling drink to Indians. They present the want of a finished road by the new bridge (Poole's) to the Governor's mill --- Globe mill; several for encroaching on the streets; and a gate in the road towards the said mill. The court, at the request of William Carter, the appointed Weigher of Bread, affix the value of the loaf by the price of wheat then current. The earliest attorneys named in the actions are Samuel Herset, Pickering, David Lloyd, Thomas Clarke, John Moore, and P. Robinson. The Pickering just named is supposed to be the same Charles Pickering, the counterfeiter, and probably the same who was first settled at Pickering creek in Chester county. He was drowned at sea, on a voyage to England, and left none of his name in that neighbourhood. Year 1700 -- In the court of Quarter Sessions, William Penn being present, after his return, the Justices of Peace disputed about their willingness to be sworn into their new commission --- some alleging they could not in conscience take an oath, and others insisting it was their duty. The court was adjourned from time to time to determine the case, and finally, the dilemma was settled by the Governor, in substituting new names in the place of those who demurred, and then all were sworn. Lewd men and women and disorderly drinking-houses are very often presented. Elizabeth Glann is presented for fornication with Peter Packonet. She is fined 10 Pounds, or to be lashed twenty-one strokes. Nothing is said of Packonet ! Perhaps he was not then before the court ! In 1703, the court appoint four persons to report the cost of a new prison and Court-house. In 1703, John Bowling, Esq., is confirmed Collector of his Majesty's Customs for the Port of Philadelphia, he having made, as was required, his abjuration of the Prince of Wales. This is the first Collector on record. In this year many roads are appointed to be made about the city to the country, especially of cross roads from township to township. It may seem strange to many to be informed that the early records of Friends' monthly Meetings in Philadelphia show that committees were frequently appointed by their Meeting to lay out roads. I have seen a pamphlet of 19 pages, printed by William Bradford at Philadelphia in 1691-2, containing "the first case of this nature happening in this part of the country before" --- the whole published under the sanction of the clerk of the court, Samuel Hedge. It elucidates several facts of local interest; it is entitled, "Blood will out, or an Example of Justice in the Tryal, Confession and Execution of Thomas Lutherland, who murthered John Clark of Philadelphia, Trader, --- Tried and Executed at Salem, W. J. [West Jersey] the 23 Feb. 1691-2". The whole points in the trial are too long to be given in this place; but the facts and proceedings, of an unusual character, are preserved in my MS. Annals, in the Historical Society, page 194 to 196. All the jury took their averment. {Note : averment = affirmation} The "clark" asketh : Art thou guilty? He answers --- "not of the murther, but of the fellony". When first apprehended, he was confronted with the corpse and bid to touch it, which he did, saying "If I have murthered him he will bleed afresh, and saying, poor innocent man, why should I destroy him --- if I hurt him I wish the earth may open and swallow me up ! " Bold and hardened as he thus appeared, and although he had no direct witnesses against him, he betrayed himself, by answering questions, into so many contradictions concerning himself at the time of the murder, that he got confused, and finally came to open and general confession, saying the deceased was in his own little vessel, alone by the creek side, when he passed a rope `round his neck in his cabin, telling him I would not destroy him, whilst he said, I think you intend to choke me. I then asked him if he had got some money, and he said he had some wampum, a piece-of-eight and some double bits. He cryed --- spare my life and take all; but I pulled both ends of the rope together, wilst he cryed, Lord have mercy upon my soul, repeatedly, even till he was dead. It does not appear that there was any attorney or pleadings in behalf of the prisoner; but the court had some one as "King's Attorney". When he demanded judgement after the verdict of guilty, the court was much perplexed to pass sentence of death, they being only Justices of Peace; but as there were "no superior courts in the province", the Coroner's Inquest, the jury, and the most part of the country then present, joined in a written petition to the court to give their sentence, which was thereupon done accordingly, and in five days afterwards he was executed, a penitent, &c. In the year 1705, men were fined (by law) 20 shillings for labouring on the Sabbath-day, and 10 shillings for being found tippling in a tavern on that day. The same year (1705) there was made an act against fornication and adultery. For the latter, the parties received twenty-one lashes and hard labour for one year, or pay 50 Pounds fine, (the injured party had a right of divorce) and for a second offence seven years imprisonment. For fornication, twenty-one lashes or pay 10 Pounds fine each. Severe laws ! as the lecherous would judge now ! At that time men were fined 12 pence for smoking in the streets ! Think of this, ye moderns ! In 1720, Edward and Martha Hunt, man and wife, are sentenced to death for making and passing counterfeit dollars. It is said to be the first case in which death was inflicted in the colony for a like offence. Chapter 29. CRIMES AND PUNISHMENTS "Self - banished from society, prefer Their hateful crime to honourable toil." We have been so long happily delivered from the former exhibitions of the pillory, whipping-post, ducking-stool, wheelbarrow-men, and even hanging itself, that it may serve to show the aspect of quite another age, to expose the facts in the days of our forefathers, as derived from the presentments of Grand Juries, trials in the Mayor's court, or from the Gazettes, to wit : 1702, --- John Simes, ordinary, and others, are prosecuted "for keeping a disorderly house to debauch the youth. John Smith was disguised in women's clothes walking the streets openly, and going from house to house, against the laws of God and this province, to the staining of holy profession, and against the law of nature. Edward James, a like offender, at an unreasonable time of night. Dorothy, wife of Richard Canterill, is indicted also for being masked in men's clothes, walking and dancing in the house of said John Simes at ten o'clock at night. Sarah Stiver, wife of John Stiver, was also at the same house, dressed in men's clothes, and walked the streets, and went from house to house, to the encouraging of vice," &c. --- the house was in Front street. Probably there was no further attempt at "Masquerade Balls" from that time till about twenty-four years ago, when some foreigner publicly proposed to introduce them at his dancing room. It was promptly suppressed by an act of the Legislature, got up before the night of intended execution, by John Sargent, Esq. It was then supposed for a while that the steady habits of our citizens would have frowned down any future attempt; but the inroads of luxury have since succeeded to evade the force of law, by getting through some "Fancy Balls", so called, without molestation, and even without any expose by themselves of their rare enactments in "monstrous novelty and strange disguise". We have heard, however, it was a strange medley of strange personages and habiliments. "Oh, a Fancy Ball's a strange affair, Made up of silks and leathers, Light heads, light heels, false hearts, false hair, Pins, paint, and ostrich feathers; There dullest wight in all the town One night may shine a droll one; And rakes, who have not half a crown, Look royal with a whole one." Bingham, had a Masquerade Ball at his mansion, when he had finished it. 1702 --- George Robinson, butcher, is indicted as a common swearer and drunkard, "for swearing three oaths in the marketplace, and for uttering two very bad curses. They afterwards present the same George Robinson for "uttering a grievous oath, on the 13th day of 7 mo. and another on the 10th day of the 8th month". In those days all cases of drunkenness and profane swearing were punished. A riot was committed at Israel Townsend's inn, sign of the Broad Axe, in Chestnut street, [close by Hudson's alley] where they beat the constables with clubs. 1702 -- The Grand Jury present, to wit : Sons and servants robbing orchards on the First or Lord's day; the ill consequence of many negroes assembling and acting tumultuously on the same day; the loss of sheep by unnecessary quantity of dogs; the evil of having so many hay and reed stacks in the yards of city houses in case of fires; the great annoyance, daily occurring, of butchers killing their meat in the street [at the market - place probably] and leaving their blood and offals there. 1703 --- The Grand Jury present Henry Brooks, the Queen's Collector at the Hore-kills, [Lewestown] and three others, for raising a great disturbance and riot in the city at the dead of night. They present all houses and persons individually known to play at cards publicly, and they give the names of all the persons so concerned. They present nine persons at one time, for selling strong drink without license. * [All tavern licenses are petitioned for, and granted generally to widow-women --- occasionally to decrepit or unfortunate prudent men.] Three barbers are presented for trimming people on First - day. John Walker is presented for using Sassafras street as a rope - walk for the last year; and John Jones, Alderman, is presented for making encroachments on Mulberry street, by setting up therein a great reed stack, and making a close fence about the same. These Grand Juries, almost all of them affirm --- very few swear. 1704 --- 1st of 7 mo. --- The Grand Jury present some of the young gentry, for an assault on James Wood, constable, and James Dough, the watch --- making a riot at the inn of Enoch Story by night --- [in Combes' alley.] The names were William Penn, jun. (Proprietary's son) John Finny, the sheriff ; Thomas Gray, scrivener ; and Joseph Ralph. [Quondam infidel, and friend of Benjamin Franklin?] It is stated that young Penn called for pistols to pistol them, &c. Their host, Story, was also of their party. {quondam = former/ sometime. infidel = disbeliever.} 1705 --- They present Thomas Docherty, barber, for trimming, about three weeks ago, on the first day of the week. 1715 --- The Grand Jury find 35 true bills against unlicensed taverns, in one session. 1717 --- Women are publicly whipt for having an illegitimate child; and poor runaway apprentices and others, who are whipt, are charged 6s. for the unwelcome service. 1718 --- William Wright, merchant, is presented for publicly and maliciously declaring aloud that our Saviour was a bastard. 1721 --- Nicholas Gaulau, (a foreigner, by his name) "by colour of his art as a butcher, did, with his breath and wind, blow up the meat of his calf, whereby the meat was made unwholesome to the human body". He was fined 13s. and 4d. for introducing this odious practice --- still known among some of us. 1729 --- Charles Calaghan was convicted of intent to ravish a child of ten years --- he was whipt round the town at the cart's tail, and received thirty-five lashes. Another man, at the same time, received twenty-one lashes for stealing a saddle. Several executions occasionally occur, as mentioned in the Gazette. Prouse and Mitchell, who were to be executed together, were reprieved under the gallows. 1730 --- G. Jones, and one Glasgow, an Indian, stood an hour in the pillory, and were whipt round the town, at the cart's tail --- both for assaults, with intent to ravish --- the one, a girl of six years of age. Margaret Cash is also whipt for stealing. I find it remarked, that the number of criminal offences occur from the great emigration of evil persons, who bought their passages by servitude. 1731 --- At New Castle, Catharine Bevan is ordered to be burned alive, for the murder of her husband; and Peter Murphy, the servant who assisted her, to be hanged. It was designed to strangle her dead by the previous hanging over the fire and before it could reach her; but the fire "broke out in a stream directly on the rope round her neck, and burnt off instantly, so that she fell alive into the flames, and was seen to struggle therein !" A shocking spectacle for our country ! 1733 --- December --- There was the greatest number of felons arraigned for crimes ever known in Philadelphia, at one Quarter Sessions. Thirteen men and women were convicted of grand larceny, and sentenced to be whipt. 1738 --- Three negro men were hung for poisoning sundry persons in Jersey. They said they had poisoned Judge William Trent, the founder of Trenton, among that number --- but when he died, none were then suspected. A lad of five years of age, who had heard much of their hanging, took it into his head to make some imitations, and actually hung himself to death from the stake of a fence ! A negro man of Robert Hooper's Esq., of Rocky Hill, in Somerset, New Jersey, was executed by fire, for having killed the child of his overseer, and firing his master's barn. 1743 --- A black man, brought up to the whipping-post to be whipt, took out his knife and cut his throat before the crowd, so that he died immediately --- in Philadelphia. 1750-1 --- About this time, a great deal of hanging occurs. They hang for house-breaking, horse-stealing, and counterfeiting. It seems that imported criminals swell the list, and many evil persons come out as redemptioners. This remark is made, to wit : "When we see our papers filled so often with accounts of the most audacious robberies, the most cruel murders, and other villanies, perpetrated by convicts from Europe --- what will become of our posterity ! In what could Britain injure us more, than emptying her jails on us ! What must we think of those merchants, who, for the sake of a little paltry gain, will be concerned in importing and disposing of these abominable cargoes !" It is probable they got premiums abroad for bringing them out here. 1759 --- I observe that the number of criminal offences and executions appears much diminished for some time --- so far as the silence of the Gazettes respecting them may be evidence. 1761 --- A strange freak seized the minds of some of the young citizens, which was shown "in several women being stabbed in the streets", in the evening, "by some unknown persons". The terror being great, the Governor offered a reward for their apprehension. The evil was probably magnified according to the terror of the relaters. In time, however, it was so far brought to light as that the Wardens got hold of the facts. The venerable Charles Thomson having been one of those city officers, and acquainted with the facts, ventured to tell them after many years had elapsed and the parties concerned were likely to pass unmolested. It was to the following effect, to wit : The insulting of several women in the streets, by cutting their gowns and petticoats with a razor, rendered it dangerous for them to appear therein without protection, as also breaking of knockers and bells, cutting the spouts, &c., was nightly committed, and caused considerable alarm. The soldiers in the barracks were at first blamed for it, but by an arrangement with their commanding officer, it was immediately discovered they were not implicated. The Wardens then silently increased the watch more than one half, and soon came across these blades in their depredations. They proved to be the sons and relations of some of the most respectable citizens, and whose parents and friends thought them absent from the city, as at New York, Lancaster, Chester county, &c. By day they lay concealed and slept in the tavern at the south-west corner of Chestnut and Fourth streets, and from thence sallied forth at night to commit their depredations. Robert M. had a brother among them; Anthony W. a son; Doctor A a son; Mr.W. a brother &c. In the morning they were carried before the Mayor, appeared penitent, received a very serious lecture, and their friends gave high bail for their good behaviour and appearance, and made restitution to all persons who had been injured by them. On this discovery the city instantly became safe and orderly as usual, and the thing was suffered to sleep. I believe they were never prosecuted. It cannot but be noticed, in a review of the preceding items of crimes, how little there appears of that dexterity of vice which has so alarmingly grown up within the last thirty years ! Crimes formerly occurred occasionally from sheer love of mischief, or were perpetrated by low and vulgar miscreants, of drunken and debased habits --- but now, they are too often executed by men of good manners and good education; --- by men who "glory in their shame", who seem to prefer every trick of wickedness to honorable industry. They are spoiled men, who with a different direction of their faculties, might shine in any credible pursuit. They are such men as seem to have been affected by the introduction of luxury, and their addiction to expensive habits. Where are the reforming "Schoolmasters" in their case ! Chapter 30. THE EXCELLENCIES OF PENN'S LAWS --------------------------To the general good "Submitting, aiming, and conducting all, For this the patriot council met --- the full, The free, and fairly represented Whole ; And with joint force, oppression chaining --- set Imperial justice at the helm". There is probably no subject within the scope of our history, to which a Pennsylvanian may look with more just pride and satisfaction, than to the whole tenor of the laws instituted for the welfare of the people by the Founder and his successors. Every thing in our laws has been popularly constituted, even from the beginning. The Founder, although born and brought up within the precincts of an arbitrary Court, was essentially a republican in its best acceptation. In this his wisdom was advanced a century beyond the light of his generation. It was not learned of his contemporaries; but was a beam of light derived from that book of gospel statutes, rarely regarded by Rulers, but which he made his manual. Following its plain dictates, that we were all children of one common Father, and "all ye are brethern", he struck at once upon the disinterested and magnanimous effort of framing a form of government, which, while it should "be an example", should also "show men as free and happy as they can be!" Freedom of mind and conscience had here free operation, leaving it solely to "the Almighty, the only lord of conscience, to judge". "Privilege and toleration" words of such deep import in Europe, were terms unknown to Penn's laws. We possessed the right, without the grant, to worship freely. His first frame of government provided instantly for universal suffrage. No distinctions of rank, fortune, or freehold, then obtained; and the ballot-box, which, where it is indulged, produces more valuable revolutions than the sword, was introduced, "probably for the first time, on this continent". The controlling power of the Governors was restrained with the most cautious limitations. They had no other influence in the passage of the laws than what they could derive from presiding at the council-board. The Judges were even more limited in their dependence on the people than has since been claimed by any free people. They were at first appointed annually by the Governors, from lists elected by the Provincial Council. The people at the same time might appear and "plead their own causes!" They could say --- "The toils of law, laid to perplex the truth, And lengthen simple justice into trade, How glorious was the day --- that saw thee broke, And every man within the reach of right." Even the children were the subject of public care. They should early learn their duties to society, by reading "the laws that shall be printed, and taught in schools". It was expressly provided that children should be taught to read and write by twelve years of age --- thus determining betimes that all should be first educated, and then usefully employed ! With a mind so intent on the happiness and just freedom of men, we are prepared to expect that the evils of "woful Europe" should find some marked correctives in his statutes : We, therefore, find such beneficient novelties in legislation as the age had not elsewhere produced. We may name such as follow, to wit : Aliens, who by the laws of England are debarred of almost every common benefit and privilege, were here made integral members of the common stock. In England an alien is disabled from holding land, either by lease or purchase; and, if a manufacturer or mechanic, he is forbidden to work on his own account. If he be even naturalized by special act, at much expense, he can never be admitted to any office of whatever kind. Penn early perceived the hardship of such restrictive laws, and made it the law of his new country that the property of an alien should be held entire and sacred to the alien and his heirs. He excluded every thing like the "game laws" of his own country --- declaring, that "the food and sustenance which God hath freely afforded" should be freely used; wherefore, all might "fowl and hunt upon the lands they hold, and fish in all the rivers and rivulets". These English laws seize upon the estate of all suicides, leaving their helpless families in penury and want; but the good sense of our Founder rejected this severity, by enacting that "if any person, through temptation or melancholy, shall destroy himself, his estate shall, notwithstanding, descend to his wife and children or relatives". At a single stroke of his pen he struck off all the sanguinary laws of his parent country respecting felonies, substituting, in lieu of death, temperate punishment and hard labour --- the Great Law saying, "all prisons shall be workhouses". Indeed, in former times "the workhouse" was the prevalent name of our jails. These mild laws, however, caused the offence and severe rebuke of the Privy Council in England --- they ordered that the English laws should be enforced. Our Assembly, thus resisted, continued to re-enact, and to so retain their first principles as to preserve a mitigation of punishment for many years; and, finally, when they had to yield to the necessity of the case, they took the earliest occasion, produced by the Revolution, for establishing codes of prison discipline and reformation, which has made this State peculiar among the nations. He suffered not in this land the English law of descents, whereby, when a son dies leaving a real estate, it cannot go to his father, although he had no children, but must pass to other relatives, however remote they may be. But Penn's law declared, in such case, one half should go to the parents, and the other half to his next of kin. He introduced a simple means of making lands pay debts, notwithstanding all English precedents were against such a measure; and, to avoid the wordy redundancy of English conveyancing, briefer forms of transfer were enacted and used, until repealed by a later Assembly. The law of primogeniture, so grateful to the lordly feelings of great families, was excluded from our Great Law at the very outset. It declared the equal distribution among all the children. So very early was the spirit of aristocratical selfishness and pride repressed by the wholesome and distributive rules of equal justice to all. [*As early as 1705, and subsequent, measures were repeatedly taken to restrain, and finally to prevent, the importation of slaves, which were as often defeated by the Privy Council.*]--- {Note : primogeniture = the exclusive right of inheritance belonging to the eldest son.} With such marked condescension and good feeling in the ruler, and such cherished freedom in the governed, it was but matter of course that changes from good to better and to best should occur, where all were intent on the general good. Penn's charters, therefore, soon underwent three several changes, to wit : In the beginning of his colony, say on the 2d of April 1683, he gave his second charter, to supersede the first, before formed in theory when still in England, and which was found encumbered with an inconvenient number of Assemblymen --- it calling for two hundred from the then six counties, which were only able to furnish seventy-two members. Although this second charter reduced the council to eighteen, and the assembly to thirty-six, a third charter, granted in November, 1696, reduced that number to one-third less; at the same time the former general right of suffrage was restricted to such as were worth 50 Pounds, or possessed of fifty acres of land, and had been two years before the election resident in the province; it also admitted the right of affirmation. On the 28th of October, 1701, the founder himself being in the colony, and just before his final leave, granted his people his last and final charter --- the same which endured till dissolved by our Revolution. The liberal and enlightened expression of principles which governed and directed the distinguished founder, deserve, for his just fame, to be engraved in capitals of gold. In his first frame of government, he says : "We have, with reverence to God, and good conscience to man, to the best of our skill, contrived and composed the frame and law of this government, viz. to support power in reference with the people, and to secure the people from the abuse of power; that they may be free by their just obedience, and the magistrates honourable for their just administration; for liberty without obedience, is confusion, and obedience without liberty, is slavery. Where the laws rule, and the people are a party, any government is free; more than this is tyranny, oligarchy or confusion." In his letter of 1681, he says : "For the matters of liberty and privilege, I propose that which is extraordinary, and to leave myself and successors no power of doing mischief --- that the will of one man may not hinder the good of a whole country". {Note : oligarchy = government by the few} In the manifesto, published by Penn before the arrival of his colony, he declared sundry of the noblest and wisest principles of political sagacity, viz. "Governments, like clocks, go from the motion men give them; and as governments are made and moved by men, so by them they are ruined too : wherefore governments rather depend upon men than men upon governments. Let men be good, and the government cannot be bad; if it be ill they will cure it. But if men be bad, let the government be ever so good, they will endeavour to warp and spoil it to their turn. That, therefore, which makes a good constitution [such, for instance, as we have since made the United States] must keep it, viz., men of wisdom and virtue --- qualities that, because they descend not with worldly inheritances, must be carefully propagated by a virtuous education of youth; for which after ages will owe more to the care and prudence of founders, and the successive magistracy, than to their parents for their private patrimonies." [Excellent !] Embued with such maxims of government, it was to be expected that the efficiency of his practical philosophy should have an instructive and benign influence on other communities of men: wherefore this article may properly conclude in the energetic eulogy of a modern observer, (T. I. Wharton, Esq.,) to wit : "In the early constitutions of Pennsylvania are to be found the distinct enunciation of every great principle --- the germ, if not the development, of every valuable improvement in government or legislation which have been introduced into the political systems of more modern epochs. Name to me," says he, "any valuable feature in the constitutions of our confederacy, or for which patriots are contending in other quarters of the globe, and I will show you that our Pennsylvania statesmen, before the Revolution, had sought out the principle, and either incorporated it with their system, or struggled with the rulers of the darkness of the old world for its adoption." We mean no disparagement in comparing facts. The facts were, that there was in Penn's institutions a general adherence to equality, not seen among the other colonies at any given time in the same degree; for, if we advert to the south, there was a baronial and lordly style of ascendency over the poor and the enslaved, while in New England there was, from the beginning, a dictatorial control in the Congregational and Presbyterian clergy. While these assumed a rigid control of religious sentiments there, the ministers of the established church ruled the minds of the people of the south, until the Revolution, by divesting them of their salaries, destroyed their power. Chapter 31. THE PHILADELPHIA BAR "Theirs be the task to mark with awe The mighty edifice of law !" It would have been gratifying to have been able to make some notices of the gentlemen composing the Bar of Philadelpia from its earliest known period; but although unusual efforts were bestowed, and applications made to those who should have imparted something, almost nothing was attained. It was certainly once a diminutive concern, compared with the present, when all the courts managed their business in the chambers of the small court house on Second and High streets, now used for city warehouses. This building was used for some of the courts long after the present state-house was built, and afforded some of the bar a more enlarged and genteel accommodation. The earliest names of attorneys which have come to my knowledge, as pleaders or counsellors in the primitive city, were Samuel Herset, David Lloyd, P. Robinson, Thomas Clarke, Nicholas and John Moore, Judge Mompesson, and Pickering. This last I have suspected to have been the same person, called Charles Pickering, who was prosecuted for uttering base money. I supposed he was the same person who owned lands at Pickering creek, in Charles township, in Chester county, and a large city lot in Front street, between High and Chestnut streets. If it was he, he was drowned at sea in going to England, and has left no posterity among us. The Patrick Robinson above-named was also clerk to the Provincial Council, and owner of the first hired prison. In 1685 he gave offence to the council, and they resolved, :"that the words spoken by him concerning the impeachment against Judge Moore was drawn "hab nab", which expression of his we do unanimously declare to be undecent, unallowable, and to be disowned". Soon after it was further resolved, that Patrick Robinson could not be removed from his clerk's office until he was legally convicted of the offence. They, however, determine "that he shall be readily dismissed from any public office of trust in this government". The same was eventually done. He appears afterwards named in suits in Bucks county. The MS. correspondence of Secretary Peters with the proprietaries, 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 in 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". Hamilton 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, 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 acquited 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. [Since known to have been derived from Chancellor, who was once the owner of the corner house on Arch street.] It would now be deemed an ignoble place for such an honoured profession; but it marked "the day of small things", and verified the roast 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!" We shall close this article with the outline characters of such gentlemen of the bar as flourished about the period of the Revolution. Their names, persons and talent are such as still dwell upon the memory of many of our aged citizens --- such as Wilson, Sergeant, Lewis, Ingersoll, Edward Biddle, George Ross, &c. Their contemporary, the elder Rawle, still among us, has drawn his recollections 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 exposition of statutes; his solid judgement, 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. Pennsylvania was divided between two parties, that of the proprietaries, and a considerable section of the people. {Note : ebullition = sudden, violent outburst} 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 Galloway 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 inspection of the dockets his practice appears to have been extensive. He adhered to the royal cause, and migrated in England, where after exciting considerable public attention, by attacks on the conduct 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 displayed 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 irresistible cogency of argument, the unjust attempt of the British legislature 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 deliberate 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 Revolution. 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 mature 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 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 habitual 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 industrious, and his career after 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 younger part of my brethern, 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 relinquish 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 brethern 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 surprise 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 interupt 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 "counsellors 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. Jacob Bankson, (sailors' lawyer) Lombard street, between Front and Second street. 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 street. Matthew Coulthurst, Walnut street, between Second and Third street. 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 with * , as showing streets in which none now reside ! Chapter 32. 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 Pennsylvania was originated by the exertions of Dr. Franklin, in opposition to the pacific wishes of the Friends employed in colonial government. 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 Governors, 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 Logans 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 government 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. I 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 one". It is manifest from the preceding and other facts (derived from the Logan MSS.) that James Logan, although he was a Friend, held it admissable 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 without success, to raise a militia spirit. It might serve to show the simplicity of the time, and the defenceless 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 is 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 subscriptions. 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 government, 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 "approved of their proceedings". They proposed to fortify at Red Bank, because of the difficulties there from a narrow channel. The 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 tradesmen 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 Pounds, 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 before erected another battery, called "the Battery on Atwood's wharf", consisting of thirteen guns of six and nine pounders.[* This is said to be the place, afterwards Cuthbert's wharf, between Pine and South street --- so remembered by Colonel Morris, who, eighty-five years ago, recollects that he used to go with boys to swim thereabouts, at a place they then called "the Battery", though no signs of defence then existed. It had probably been erected as a water battery --- below the supposed redoubt, above it on the hill, where "the flag staff" is often mentioned as a preaching place for Whitfield, &c. The petition of the Common Council, of 1744, to the King, says, however, "the city is without batteries or any kind of fortifications".*] 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 same who re-cast the state house bell.] The cartridges, &c., were prepared by a committee of citizens. The expenses of these defences were defrayed mostly by lotteries, and by individual subscriptions. [The City Corporation subscribed for two thousand tickets in the lottery.] 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. For the same reasons that the new battery was called "the Association Battery", the regiments of volunteers, formed in the winter of 1747-8, were also called the "Association Regiments" --- to form thirteen companies in Philadelphia, and as many in the counties as one hundred companies in all; all being understood as done by the voluntary contrivance of the people, without the legislative sanction, which was still too much under the spirit and influence of the Friends' Meetings to come into such a measure by any public sanction of the Legislature. Thus showing the majorities of Friends that still ruled there, and their firmer dependence on "the arm of the Lord", and the "Great Watcher of Israel". The regiments of association, of the winter of 1748, had the colours given to them by the ladies, who procured their material by their subscription. Some of their mottos or devices were striking. I name such as these, (told in the Gazette of the day) to wit : "A Deo Victoria" --- "Deus adjuvat Fortes" --- "In God we trust" [the very motto the Friends would have used without the arms!] --- "Pro aris et focis", &c. The drums were also given by them. An old gentleman, B. L., tells me he remembers to have seen several of the stockades still standing in his youth. They were of heavy pieces of timber twenty feet long. Every county also raised volunteers in companies, and it was concerted with them, that in case the city was menaced by a foe, they should all march to Philadelphia and be there quartered gratis among the people. The exciting cause of these military measures arose from frequent threats given out in the West Indies and at Havanna, that their privateers should come and sack Philadelphia; also from the fact of a French privateer coming into the bay in December, 1747, and there committing some depredations nearly as high up as New Castle. The citizens thereupon met at the "new Meeting house", then at the north-west corner of Third and Arch streets, and concerted their resolves of defence --- they projected a lottery to raise 3000 Pounds. The Rev. Gilbert Tennent, the minister there, soon afterwards preached them a sermon on the lawfulness of war, and in favour of the association for defence. To this the Friends published a rejoinder. On the whole it was a moving and busy time of deep excitement. Several publications appeared at the same time, says Kalm, pro and con, and when the danger appeared imminent, many withdrew their opposition. They feared that French and Spanish privateers had combined an expedition in the West Indies. --- So was the town talk and alarm ! Familiar as the public became with military parade, and embued, as the rising youth felt, with "the pomp and circumstance of war" from seeing its operations for a few years, with much to allure the eye, and no experience of disaster, the mind grew better prepared in time to approbate any legal enactments which might be suggested for a permanent defence at the public expense. This period arrived in the year 1755, by the occasion of Braddock's defeat. The panic then became extreme in the country from the fear of savage inroads. Alarms were frequent at Tulpehocken --- at the present Harrisburg --- at Lancaster, &c. They had fearful rumours of French and Indian invaders ! On this exciting occasion, Franklin dexterously introduced a militia law and procured it to be passed; he became at the same time the colonel of a regiment of 1200 men in Philadelphia. How very few of the admirers of his character and renown have ever named him as Colonel Franklin ! This memorable first militia was passed on the 25th of November, 1755, and was of peculiar construction. It was so formed as to pass the sanction of the Legislature, even while a majority of the Assembly were Friends, and for whom therefore the act itself provided a salvo for conscience. It declares that to compel men to defence against the will, would be a violation of their constitutional rights; and that as men formerly chose officers without law, the present is to sanction them with law. The militia, therefore, were to be volunteers, and to choose their own officers, &c. At the same time they vote 50,000 Pounds to raise additional troops by voluntary enlistment, and offer two hundred acres of land severally to such as bounty. These were all strange things for the pacific and reluctant Friends --- but the world around them was fast growing beyond their control and management. Yet it was a part of the original grant to the pacific Penn himself --- that he and his heirs should "muster and train, make war and vanquish, or put to death all enemies by sea and land !" Vide his patent. {Note : vide = see : used to direct the reader to another item) We are not, however, to presume that the preceding notices of military citizens formed the only array of war which our forefathers had witnessed. There had been occasional enlistments for the crown for foreign countries, and often very active exertions and armaments in the way of privateering, as will be briefly stated, to wit : In 1740, eight companies of infantry go from Philadelphia county under captains appointed over them by the Governor. They go out to the West Indies to join Admiral Vernon in his expedition against the Spaniards. Similar companies, under voluntary enlistments, go also at the same time from Virginia and Carolina --- all of them to rendezvous at Jamaica. It was probably on this occasion of excitement that our General Washington, then but eight years old, was once proposed to join Admiral Vernon as a midshipman. In the French war of 1744, the Governor of Jamaica sends his lieutenants to Philadelphia to enlist for his regiments there. The men were to have six shillings sterling per week extra, and after the terms of their service to receive land there. Families were to go passage free. The recruiting officer gave his attendance for enlistments at the widow Roberts' coffee house in Front street. [Then a little below Blackhorse alley.] At the same time, recruits are solicited by the Gazette, for recruits to join Dalzel's regiment in Antigua. In June 1744, proclamation is made at Philadelphia of war with France, and vessels are promptly fitted out as cruisers. Several advertisements forthwith appear for "gentlemen sailors". They soon compute one hundred and thirteen privateers sent out by the colonies ! Soon after this, prizes appear named in almost every Gazette. During the years 1747-8, almost every column under the Philadelphia and New York head, is filled with privateer news. It would seem as if this pursuit engrossed the attention of all. The peace occurs in October, 1748. In 1745, the rejoicings were excessive all through the colonies for the American prowess displayed at the capture of Louisburgh --- it is called "a perpetual honour to his Majesty's American arms". The New Englanders held themselves very high on this event --- an expedition planned by a lawyer, and executed by a farmer, with a merchant to lead them on ! Our self-gratulation was so high it rather alarmed Great Britain to see our rising military ability and ardour, and they, to mortify us as it was then believed by many, gave it up at the peace of 1748. It was then a heart-burning surrender to the Americans. Every child of that day was familiar with "the Walls of Breton", singing in the streets. "Here we go round --- here we go round the walls of Breton, the walls of Breton," &c. Great fireworks were exhibited on floating machines on the Delaware to commemorate the important conquest ! In 1748, the governor recommends measures to be taken to support a vessel of war at our capes. Then John Churchman, the public Friend, goes, by permission, "with a message" to the Assembly, to advise them against such measures of defence as is incompatible with true Friends' principles. About the same time it appears that the Otter sloop of war is up at Philadelphia --- a novel sight, I presume, there ! and the city authorities, to animate gallantry in their behalf, (vide council proceedings), present her captain with a pipe of wine and other stores. Captain Ballat, however, notwithstanding his good cheering, soon gave great umbrage by his backwardness to help their cause; for a Spanish privateer (as represented in Secretary Peters' letter to the Penns, of 1748), stole up as far as Elsenborough, "thirty-five miles from the city", near Salem, and intended to sack and burn New Castle. But an Englishman on board leaped overboard and swam ashore in the night, and so prepared the people by the morning. In this extremity, the authorities applied to Captain Ballat to be their champion, but no entreaties could avail with him till his careening should be accomplished. Thus tardy he was, although every assistance was offered him, and he was purposely sent for their protection ! As early as the year 1744, the citizens for themselves, and the Common Council in behalf of the city, (vide the minutes in this book) prepared and forwarded a petition to the king to send them a military force, saying, as a part of their argument, that the prevalence of the Quaker principle "denies them that security which is the main end of society". The citizens petition is signed by several names well known as nominal Friends at least. Their names may be seen to the copy of the petition in my MS. Annals in the Philadelphia Library, page 245. The first foreign military, however, that ever reached our peaceful city of brotherly love, was those arriving and preparing for Braddock's expedition to the west. All the Highlanders encamped in the Northern Liberties --- whence the popular name of "Camping - town", --- and all the British were arrayed in Southwark. After the defeat, in 1755, such troops as returned, occupied for a time the same positions. Those in Southwark, under Colonel Dunbar, were located several months on the ground west of Fourth street, and between Pine and South streets. It was soon after this that the long ranges of barracks in the Northern Liberties were constructed. The history of which, and the occurrences there, before their demolition, will be found under its appropriate head. I should have mentioned also that after the peace, in 1750, the proprietaries' present of fourteen new pieces of cannon (eighteen pounders) arrived at Philadelphia for the use of the Association Battery --- thus making them upwards of fifty pieces of cannon in all. There was among them a thirty-two pounder, presented by the Schuylkill Company, which in after years was called the Old Schuylkill. This got its trunnions broken off by us when abandoning the city to the British, and it has since had its rest at Fort Mifflin. {Note: trunnion = a pin or pivot on which something can be rotated or tilted} In April 1765, there was much surprise and uneasiness excited at Philadelphia, by finding that all the great guns at the fort, (at Wiccacon) and all those at the barracks, in the Northern Liberties, were spiked up ! -- Many conjectures were abroad --- finally it was deemed the act of mere wantonness, and a person was arrested as the perpetrator. {Note : spiked up = to disable ( a muzzle -loading cannon ) temporarily by driving a spike into the vent} As a conclusion to the whole, I give the following facts of more modern times, as reminiscences of my friend Lang Syne, to wit : CITY VOLUNTEERS --- From the peace of 1783, until the famous western expedition of 1794, the pride, pomp, and circumstance of the glorious war of independence, continued to be shadowed out in this city on muster days, and on the glorious fourth of July, by two regiments of militia, flanked on the parade ground, by the only two volunteer companies (1791) then in the city. --- During this "piping time of peace" the only command obtainable was in the militia; and such command, it seems, was sought after, and held by gentlemen of the first respectability at the time, either for wealth, or services rendered by them during the war. Every thing relative to uniform or tactics still partook, largely, of the old school, colonial, or revolutionary models, framed by that oracle in the art of war, in this country, Baron Steuben. Tradition says, the regiment "down town" was commanded by Colonel Daniel Smith, Majors Joseph Sims and Philip Pancake. The one "up town" by Colonel William Will, (Sheriff at the time), Majors Andrew Geyer and Alexander Boyd. The two regiments forming the one, and the only brigade in the city, under the command of Brigadier-General Francis Gurney. After the peace, the first infantry company was commanded by Sempler, next by Claypole. The second was formed under Colonel Oswald, printer, &c. --- Sproat another, also Gravenstine. Two artillery companies by Fisher and Rice. There were two troops of horse besides the old city troop. There was a county troop by Captain Hopkins, afterwards by Colonel McPherson --- Colonel Gurney told me he had once served as a Sergeant at the defeat of Ticonderoga, in 1758, under Abercromie, who was killed in Egypt. Many men disapproved of the volunteer companies, as tending to bring the regular militia into disrepute --- for this cause Levi Hollingsworth always mustered with the militia. About the year 1785-6, an attempt was made by many respectable men, to make the roll strong enough by their presence and example, and to get in better officers --- it fell through. In this article it is intended merely to revive in the memory of some, and to place before the mind's eye of others but now in their majority, who are "natives here, and to the manner born", who, consequently, may have a sympathetic feeling, and relish for the recollections of Lang Syne, in our beloved city; as articles snatched like drift wood floating on the stream of time, which otherwise would naturally seek the ocean of oblivion for ever, and be to them as the unrecorded years before the flood. The "Buck Tail Company" was commanded originally by Captain Sproat, who was viewed at the time by the ladies, and others who spoke of him, as a mode, in his day, of smartness and military elegance on parade. The uniform consisted of a short dark blue cloth coatee, lapelled with red, and turned up with red at the skirts; white dimity vest, and breeches (tights), white cotton stockings, black knee-bands, short gaiters, sharp-pointed, long-quartered shoes, and buckles. The Captain, and every member of the company, wore a long cue, or club of powdered hair, pendent behind. {Note: pendent = overhanging} The head was surmounted by a felt hat or cap, the front presenting a flat surface, being turned up smartly, in an oval shape, above the crown and ornamented by way of plume or pompon, with a tail (Buck Tail) separated from the dried undressed hide of the forest buck or deer. The other flank company was of artillery, commanded by Captain Jeremiah Fisher. He, and some of his company, had served during the war, having fought in famous battles, under the gallant Colonel Proctor. The artillery uniform consisted of a long dark blue coat, lapelled with gilt buttons down the front, and turned up with red at the skirts, and reaching almost to the heels; yellow vest and breeches; stiffened wide ruffles; white cotton stockings, and black leggings, buttoned down the side; sharp toed shoes, and large buckles almost covering the toes. In conformity with the universal fashion at the time, they all wore long hair, powdered, clubbed or cued, and dangling below the shoulder blade. They also wore the large "artillery cocked hat", square to the front in marching, with a long black feather waving aloft at every step. Martial music in those days was wholly confined to drum and fife; a band, so called, was then wholly unknown. The whole war of the Revolution was led on by "Thy spirit stirring fife, And soul inspiring drum." The cavalry, only, had the use of the horn or bugle. Such a bugle, used by Gideon of Philadelphia, as trumpeter to Washington's life guard, is still preserved in Philadelphia. "MACPHERSON'S BLUES" --- For several years after the Revolutionary war, it was much the practice of the times, to bring out in the military displays, those individuals who had seen service, and manifested their patriotism, in that struggle for national independence. They were seen mostly in the grade of officers --- the common soldiers being generally exempt from age, or by their impaired bodily strength. The last remembered exhibition in which the mass of them were so gathered, was the occasion of the La Fayette national visit. It was melancholy, even then, to observe how few could then be thus mustered ! [Only one hundred and seven could be got present, at the Bunker Hill Monument.] A view of these facts, causes the present writer sometimes to say facetiously to his friends and former companions in arms, that the next best substitute for Revolutionary men, will be the men of the once celebrated "Macpherson's Blues". These, at the time of their first embodying, in 1794, surpassed all former volunteer array in our city, both for numerical force, and the respectability of the young men enrolled. They were originally formed for the Western or Whisky Insurrection, to serve under General Macpherson, (of the Revolutionary army) and to be attached to General Washington's command. As such, they went forward over the mountains to their place of rendezvous. After their return, they continued to muster and display, and to grow in numbers; when at length came out "the affair of the Chesapeake", which gave a new impulse, and a new accession of strength. They did not believe that Commodore Barron was bound to encounter such unequal odds, with his unprepared armament, and were willing to avenge the national affront themselves. They forthwith offered "their lives and sacred honours" to their country. The consequence was, that the corps soon formed an entire regiment of Infantry, one or two companies of Grenadiers, one of Artillery, and a corps of Cavalry. For array, discipline and exercise, they were the Lions of that day, and "won golden opinions" readily, from all. The writer, himself, then a minor, and brim full of patriotism, joined them about the time of the "Northampton Insurrection", [ for Insurrections were then rife, with some !] and although not draughted to that expedition, felt as martial as those who "marched up, and then came down again!". These now, in their turn, though once numbering over their thousand men, are also "receding from the things that be"; and if they were now called to some public fete, to exhibit the remains of their former selves, would be not unlike the few Revolutionary men which preceded them. Those who remain should, some of these days, make a gathering around some festive board, if not "to note and book their dead", at least to generate brotherhood and fellowship with the few that remain. What vicissitudes have since gone through their ranks, or changed their relative lives ! We begin now to see sundry of them falling into "the sear and yellow leaf" of decay. Some of them, indeed, by sickness, or by the wear and tear of life, expose "sad remnants of themselves". At the same time, others of easier life, still show vigour and strength, even for another war. Of our officers, it is believed that scarcely any remain --- such were McEwen, Hale, Baynton, Willing, Heysham. Our uniform then was blue cloth jackets and pantaloons, the last tight as the skin, the same both for summer and winter; with fur hats covered with bear skins, and adorned with a black cockade and a buck's tail. Our pantaloons, as I remember, were a sad affair for self-discomfiture on a hot summer day ! Strange that none should have been wise enough to suggest their attire in white summer pants ! But so is all knowledge, by degree ! And even now, the military are not wiser, which admit no cover for the face, in the present form of caps ! This great corps having been formed for service, rather than for city display, was allowed to go down, after they had come to the conclusion that no service remained to be performed. They were therefore `non est', when the subsequent call for the second British war came up, under President Madison in 1812. One ought not to close so military a chapter, without saying a few words for the uniform, so peculiarly American, as is the Hunting Frock or Shirt. THAT is the thing, in which to deck our WHOLE American Militia !! It is a thing to be adopted, as at the head and front of all other expedients to please the militia, by its great economy, and at the same time, to produce such uniformity of appearance, as to make the wearers respect themselves; and by consequence, to give such attention to their army and exercise, as to become efficient soldiers; not inferior to more costly parades of "Volunteers", themselves. Hunting frocks, of blue, or other coloured, strong muslin, with red or white fringe, could be made in quantities, at $1.50 each, to be worn over the common under dress of citizens; and caps of varnished cotton cloth could be had at half a dollar. Both of these could be readily procured, by every man above the condition of a pauper. Will any consider, will any try it ? In honour of this "American Frock", we are to say, that such was the uniform of the Maryland line under General Smallwood, during the Revolutionary war. His command was formed of the sons of good farmers, from around and about Baltimore. With such dress, they once quartered in Philadelphia, and afterwards fought and won many a battle. Such was, in effect, this Riflemen's garb, under the celebrated General Morgan, during all of that war. Such, too, was the common scouting dress of all those Kentuckians, Wood Rangers, and Western Pioneers, who won all our Western country from the Indian tribes. Has no one a Hunting song for the Hunting frock? It has incident enough, in itself and associations, for poetry and romance ! Chapter 33. DUELS IN OLDEN TIME "The world accounts an honourable man, Because, forsooth, his courage has been tried And stood the test---perhaps on the wrong side." Hard is the force of tyrant custom, which constrains men to seek its sanctions, even when opposed to their better reason and against the common feelings of nature and humanity. The "world's dread laugh which scarce the firm philosopher can scorn" has its frequent victims, in those chiefly who make its applauses their all. The combatant, seeking "the bubble reputation", feels sensibly that he is flinging away his life in the midst of his years, even while the allurements and blandishments of the world he is about leaving, or perchance, the fond family he is about bereaving, may be still clinging to his heart. Yet he must wrap himself up in his solitary and secret misery --- making himself of sterner stuff than his common nature, and freezing with the necessary dread that in a few hours he may be a cold and bloody corpse. This is appalling enough, and all further fate he smothers, as needs he must, in "heroic want of thought". Cheerless they go to their appointment with countenances pale and scowling, or reddened with internal emotions --- wrapped in moody silence, and inwardly cursing the silly custom to which they thus sacrifice present and future peace. The heartless apathy of some, whose indifference proceeds from atheism --- who believe in no offended God, and rest their hope "in an eternal sleep", --- these may scout "the anguish of a wound", and brave death on terms too unequal for a better informed mind. On whatever terms they occur, they are always an evil deeply to be deplored. Many aged persons have deemed them of such rare occurrence among our citizens as not to have been known before the Revolution, but as I have found here and there a trace of them in all former times, I have been induced to note them, not for commemoration of perpetuity, but as marking the state of society at every time, and in all its relations, to wit : It may sound "passing strange" that a gentleman of the holy office, should possess the scandalous pre-eminence of being the first on the list in the peaceful city of Penn. He did not indeed fight, but his demeanour was so far secularized as to provoke and receive a challenge. The case was this, to wit : In the year 1715, the court enter proceedings against Peter Evans, gentleman, for sending a challenge to Francis Phillips, clergyman. The original challenge in the clerk's office has been in my possession, and as a curiosity, reads as follows, to wit : "To Mr. Francis Phillips, Philadelphia, --- Sir, You have basely scandalized a gentlewoman that I have a profound respect for. And for my part shall give you a fair opportunity to defend yourself tomorrow morning on the west side of Joseph Carpenter's garden, [the present Arcade, I believe] betwixt seven and eight, where I shall expect to meet you `gladio cinctus' , in failure whereof, depend upon the usage you deserve from --- y'r ever --- PETER EVANS at the Pewter Plate [Inn]. At the same time a `billa vera' is found against the clergyman himself, for some mal-conduct, and not long after, his people, sensible of his misconduct, dismiss him from his pastoral care. I perceive by the letters of James Logan [in Logan's MSS] that "he was taxed with scandalous expressions --- boasting of undue intimacy with some women of reputation". "Was carried to gaol for a day, when the Governor took sides with him as a churchman, and entered a `nulle prosequi'. Some others of the Church in the mean time met at the Court house and voted him to have acted scandalously, and to receive no further countenance" --- a determination which must of course exempt the Church itself from blame. The People's Magazine says, that about the year 1760, "Duels were frequent among Clergymen". In 1764, the Rev. Mr. Hill was killed in a duel by Cornet Gardiner. The Rev. Mr. Bates fought two duels, and was subsequently created a baronet and preferred to a deanery after he had fought another duel. The Rev. Mr. Allen killed a Mr. Delany in a duel in Hyde Park. Surely such clergymen forgot their office, and needed their own reform, far more than to pretend to be instructers to the people ! 1721 --- The Grand Jury present the case of Selom Fry, mariner, who challenged Francis Jones to fight with swords --- and both were wounded. 1750 --- Thomas Crosse, gentleman, challenges Hugh Davy to fight with swords whereby the latter was wounded. About the time of the Revolution there were three cases of duels; Colonel Cadwallader accepted the challenge, and fought General Conway; the latter was wounded. Doctor W. fought a duel with another gentleman about a young Quaker lady. --- The former shot his pistol in the air, and so made it a bloodless case and a drawn battle. A singular case of duel occurred in 1778 or '79, between Henry Laurens, President of the congress, and John Penn, member of Congress from North Carolina. The parties were fellow boarders, and breakfasted together the same morning. They started to go out Chestnut street to the vacant lot `vis-a-vis' present Masonic Hall. In crossing at Fifth street, where was then a deep slough, Mr. Penn kindly offered his hand to aid Mr. Laurens, who was much the oldest, and when it was accepted, he suggested to him that their meeting (solicited by Laurens) was a foolish affair, &c. --- to which Mr. L. assenting, it was made up on the spot. This Penn was no relative of William Penn. On the 12th June, 1777, John Sargent, Esq., laid before Congress a challenge which he had received from Gunning Bedford. The next day Congress resolved that Mr. Bedford "should answer before the house for his conduct". He appeared and made his justification, whereupon the House resolved that Mr. B. is expected to ask pardon of the House and of the members, which he did accordingly, and the matter was dismissed. While the Congress sat in Philadelhia, about the year 1798-9, the Hon. James A. Bayard, then a member, fought a duel with another member in a disused saw-pit shed, then standing at the north end of Front street, at the corner where the roads lead over the stone bridge to Kensington. It was a rainy day, and they took shelter there. Both this place, and that above-mentioned, present themselves to our minds now as strangely exposed places, by present public resort, for fighting duels ! But these facts evince how surprisingly population has extended westward and northward. In the year 1824 there appeared in the Philadelphia "City Register" and other gazettes, a detailed account of all the known duels occurring in the United States from the year 1801 --- published with a design "to awaken more attention to the wide-spread and overwhelming misery occasioned by duelling". The list exhibits the names of nearly one hundred killed. Of the duellists, more than thirty were officers of the navy, and nearly thirty were officers of the army : this, too, although the rules and articles of war say, "the parties shall be cashiered". Next : THE DRAWBRIDGE AND DOCK CREEK