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duty as a lawyer, in behalf of certain persons who had been prosecuted for treason; and the punishment decreed for his crime, was banishment to the enemy, yet in New York. But this was not the real cause which produced so lamentable an instance of popular delusion: that was to be found in the superior talents and respectability of the republican party. The gentlemen threatened determined to defend themselves, and with a number of their friends, to the amount of about thirty or forty, took post at the south-west corner of Walnut and Third streets, in a house belonging to and occupied by Mr. Wilson: it was then a large, old-fashioned brick building, with an extensive garden on Third and Walnut streets. Among those in the house were Messrs. Wilson, Morris, Burd, George Clymer, Daniel Clymer, John T. Mifflin, Allen McLean, Sharp Delany, George Campbell, Paul Beck, Thomas Lawrence, Andrew Robinson, John Potts, Samuel C. Morris, Captain Campbell, and Generals Mifflin, Nichols, and Thomson. They were provided with arms, but their stock of ammunition was very small. While the mob was marching down, General Nichols and Daniel Clymer proceeded hastily to the arsenal at Carpenters' Hall, and filled their pockets with cartridges: this constituted their whole supply. In the mean time, the mob and militia-for no regular troops took part in the riot-assembled on the commons, while a meeting of the principal citizens took place at the coffee-house. A deputation was sent, to endeavor to prevail on them to disperse, but without effect. The first troop of city cavalry, being apprised of what was going forward, and anxious for the safety of their fellow-citizens, assembled at their stables, a fixed place of rendezvous, and agreed to have their horses saddled, and ready to mount at a moment's warning. Notice was to be given to as many members as could be found; and a part was to assemble in Dock, below Second street, and join the party at the stables. For a time a deceitful calm prevailed; at the hour of dinner, the members of the troop retired to their respective homes, and the rebels seized the opportunity to march into the city. The armed men amounted to two hundred, and were commanded by Mills, a North Carolina captain; Faulkner, a ship-joiner; Pickering, a tailor; and one Bonham, a man of low character. They marched down Chestnut to Second street-down Second to Walnut-and up Walnut to Mr. Wilson's house, with drums beating, and two pieces of cannon They immediately commenced firing on the house, which was warmly returned by the garrison. Finding they could make no impression, the mob procured, from a blacksmith's shop in the neighborhood, a crowbar and sledge, and proceeded to force the door. At the critical moment, when the door yielded to their efforts, the horse made their appearance: had they succeeded in effecting an entrance, every individual in the house would, doubtless, have been murdered.

After the troop had retired, a few of the members, having received intelligence that the mob were marching into town, hastened to the established rendezvous. Collecting thus by mere accident, their number only amounted to seven; these were, Major Lennox, Major Nichols, Major William Nichols, Thomas Morris, Alexander Nesbitt, Isaac Coxe, and Thomas Leiper. This small body resolved to attempt the rescue of their fellow-citizens. On their route they were joined by two troopers belonging to Colonel Bayler's regiment, quartered at Bristol; and turning rapidly and suddenly round the corner of Chestnut street, they charged the mob. When the cry of "the horse! the horse!" was raised, the rioters, ignorant of their numbers, dispersed in every direction, but not before two other detachments of the first troop had reached the scene. Many of them were arrested, delivered to the civil authority, and committed to prison; and as the sword was very freely used, a considerable number were severely wounded. One man and one boy were killed in the streets: in the house, Captain Campbell was killed, and Mr. Mifflin and Mr. Samuel C. Morris were wounded. The troop patrolled the streets the greater part of the night. The citizens turned out en masse, and placed a guard at the powder magazine and the arsenal. It was some days before order was restored; and the troop, from the part they had taken, found it necessary to keep much together, and hold themselves in readiness to act in support of each other. Major Lennox was particularly marked out for destruction. He retired to his house at Germantown. The mob followed, and surrounded it during the night, and prepared to force an entrance. Anxious to gain time, he pledged his honor that he would open the door as soon as daylight appeared. In the mean time, he contrived to despatch an intrepid woman, who lived in his family, to the city for assistance; and a party of the first troop

arrived in season to protect their comrade; but he was compelled to return to town for safety. He was for a number of years saluted in the market by the title of "brother butcher," owing in part to his having been without a coat on the day of the riot: having on a long coat, he was obliged to cast it aside, to prevent being dragged from his horse.

The gentlemen who had comprised the garrison were advised to leave the city, where their lives were endangered. General Mifflin, and about thirty others, accordingly met at Mr. Gray's house, about five miles below Gray's ferry, where a council was called, and it was resolved to return to town without any appearance of intimidation. But it was deemed expedient that Mr. Wilson should absent himself for a time; the others continued to walk as usual in public, and attended the funeral of the unfortunate Captain Campbell. Thus ended the disgraceful affair.*

In 1781, Mr. Wilson was appointed by Congress one of the directors of the Bank of North America, which institution had been designed by the celebrated financier, Robert Morris, for the purpose of supporting the finances of the United States. On the 12th of November, 1782, he was re-elected to Congress, and the same year, the President and Council of Pennsylvania appointed him one of the councillors and agents, in the celebrated controversy existing between that State and Connecticut, relative to the lands at Wyoming. The successful result of this dispute in favor of Pennsylvania, was in some degree attributable to the exertions of Mr. Wilson. Again, in 1785, he was elected to Congress; and in 1787 he was a member of the convention which met at Philadelphia for the purpose of forming the Federal Constitution. In this character he gained much applause for his ability and usefulness. Being a fluent speaker, and possessing deep political sagacity and foresight, he entered almost daily into the arguments which arose on the great and important points necessarily involved in the formation of a new and adequate government." He was also a member of the Pennsylvania convention for the ratification of the Federal Constitution. In a powerful speech, he showed what difficulties the Federal Convention had to encounter in framing it, and directed his remarks in favor of its adoption.

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In 1789, President Washington appointed Mr. Wilson one of the first judges of the Supreme Court of the United States, in which office he remained until his death, discharging its functions with integrity and ability. During this time he also occupied the chair of law in the College of Philadelphia; and in 1791 he revised the laws of Pennsylvania, in accordance with a resolve of the legislature of that commonwealth. While on a circuit in his judicial character, he died at Edenton, North Carolina, on the 28th of August, 1798. His works, including his lectures before the law students at the Philadelphia College, were published in 1804.

VINDICATION OF THE COLONIES.

The king, in his speech at the opening of Parliament, in November, 1774, informed that assembly that "a most daring spirit of resistance and disobedience still prevailed in Massachusetts, and had broken forth in fresh violences of a criminal nature; that the most proper and effectual methods had been taken to prevent these mischiefs; and that they, the Parliament, might depend upon a firm resolution, to withstand every attempt to weaken or

*See Sanderson's Biography of the Signers of the Declaration of Independence, vol. 6th; Graydon's Memoirs, edited by Littell, page 830, et seq.; Watson's Annals of Philadelphin, vol. 1st, p. 425.

impair the supreme authority of Parliament, over all the dominions of the Crown." The following speech, in reference to this declaration of the king, was delivered by Mr. Wilson, in January, 1775, in the Convention for the Province of Pennsylvania:

MR. CHAIRMAN: Whence, sir, proceeds all the invidious and ill-grounded clamor against the colonists of America? Why are they stigmatized in Britain, as licentious and ungovernable? Why is their virtuous opposition to the illegal attempts of their governors, represented under the falsest colors, and placed in the most ungracious point of view? This opposition, when exhibited in its true light, and when

viewed, with unjaundiced eyes, from a proper | vion, and returned, with eagerness, to our forsituation, and at a proper distance, stands con- mer unreserved confidence. Our connection fessed the lovely offspring of freedom. It with our parent country, and the reciprocal breathes the spirit of its parent. Of this ethe- blessings resulting from it to her and to us, real spirit, the whole conduct, and particularly were the favorite and pleasing topics of our the late conduct of the colonists, has shown public discourses and our private conversations. them eminently possessed. It has animated Lulled in delightful security, we dreamed of and regulated every part of their proceedings. nothing but increasing fondness and friendship. It has been recognized to be genuine, by all cemented and strengthened by a kind and perthose symptoms and effects, by which it has petual communication of good offices. Soon, been distinguished in other ages and other however, too soon, were we awakened from the countries. It has been calm and regular: it soothing dreams! Our enemies renewed their has not acted without occasion: it has not act- designs against us, not with less malice, but ed disproportionably to the occasion. As the with more art. Under the plausible pretence attempts, open or secret, to undermine or to of regulating our trade, and, at the same time, destroy it, have been repeated or enforced; in of making provision for the administration of a just degree, its vigilance and its vigor have justice and the support of government, in some been exerted to defeat or to disappoint them. of the colonies, they pursued their scheme of As its exertions have been sufficient for those depriving us of our property without our conpurposes hitherto, let us hence draw a joyful sent. As the attempts to distress us, and to deprognostic, that they will continue sufficient for grade us to a rank inferior to that of freemen, apthose purposes hereafter. It is not yet exhaust- | peared now to be reduced into a regular system, ed; it will still operate irresistibly whenever a it became proper, on our part, to form a regular necessary occasion shall call forth its strength. system for counteracting them. We ceased to Permit me, sir, by appealing, in a few in- import goods from Great Britain. Was this stances, to the spirit and conduct of the colo- measure dictated by selfishness or by licentiousnists, to evince that what I have said of them ness? Did it not injure ourselves, while it inis just. Did they disclose any uneasiness at jured the British merchants and manufacturers? the proceedings and claims of the British Par- Was it inconsistent with the peaceful demeanor liament, before those claims and proceedings of subjects to abstain from making purchases, afforded a reasonable cause for it? Did they when our freedom and our safety rendered it even disclose any uneasiness, when a reason- necessary for us to abstain from them? A reable cause for it was first given? Our rights gard for our freedom and our safety was our were invaded by their regulations of our inter-only motive; for no sooner had the Parliament, nal policy. We submitted to them: we were unwilling to oppose them. The spirit of liberty was slow to act. When those invasions were renewed; when the efficacy and malignancy of them were attempted to be redoubled by the stamp act; when chains were formed for us; and preparations were made for riveting them on our limbs, what measures did we pursue? The spirit of liberty found it necessary now to act: but she acted with the calmness and decent dignity suited to her character. Were we rash or seditious? Did we discover want of loyalty to our sovereign? Did we betray want of affection to our brethren in Britain? Let our dutiful and reverential petitions to the throne let our respectful, though firm, remonstrances to the Parliament-let our warm and affectionate addresses to our brethren, and (we will still call them,) our friends in Great Britain-let all those, transmitted from every part of the continent, testify the truth. By their testimony let our conduct be tried.

As our proceedings, during the existence and operation of the stamp act, prove fully and incontestably the painful sensations that tortured our breasts from the prospect of disunion with Britain; the peals of joy, which burst forth universally, upon the repeal of that odious statute, loudly proclaim the heartfelt delight produced in us by a reconciliation with her. Unsuspicious, because undesigning, we buried our complaints and the causes of them, in obli

by repealing part of the revenue laws, inspired us with the flattering hopes that they had departed from their intentions of oppressing and of taxing us, than we forsook our plan for defeating those intentions, and began to import as formerly. Far from being peevish or captious, we took no public notice even of their declaratory law of dominion over us: our candor led us to consider it as a decent expedient of retreating from the actual exercise of that dominion.

But, alas! the root of bitterness still remained. The duty on tea was reserved to furnish occasion to the ministry for a new effort to enslave and to ruin us; and the East India Company were chosen, and consented to be the detested instruments of ministerial despotism and cruelty. A cargo of their tea arrived at Boston. By a low artifice of the governor, and by the wicked activity of the tools of government, it was rendered impossible to store it up, or to send it back, as was done at other places. A number of persons, unknown, destroyed it.

Let us here make a concession to our enemies: let us suppose, that the transaction deserves all the dark and hideous colors, in which they have painted it: let us even suppose, (for our cause admits of an excess of candor,) that all their exaggerated accounts of it were confined strictly to the truth: what will follow? Will it follow, that every British colony in America, or even the colony of Massachusetts

part: ought we to have folded our hands in indolence, to have lulled our eyes in slumbers, till the attack was carried on, so as to become irresistible, in every part? Sir, I presume to think not. We were roused; we were alarmed, as we had reason to be. But still our measures have been such as the spirit of liberty and of loyalty directed; not such as a spirit of sedition or of disaffection would pursue. Our counsels have been conducted without rashness and faction: our resolutions have been taken without frenzy or fury.

Bay, or even the town of Boston, in that colony, | established for the security of their liberties, merits the imputation of being factious and sedi-and-with filial piety let us mention it-of ours. tious? Let the frequent mobs and riots that We saw the attack actually begun upon one have happened in Great Britain upon much more trivial occasions, shame our calumniators into silence. Will it follow, because the rules of order and regular government were, in that instance, violated by the offenders, that, for this reason, the principles of the constitution, and the maxims of justice, must be violated by their punishment? Will it follow, because those who were guilty could not be known, that, therefore, those who were known not to be guilty, must suffer? Will it follow, that even the guilty should be condemned without being heard that they should be condemned upon partial testimony, upon the representations of their avowed and embittered enemies? Why were they not tried in courts of justice, known to their constitution, and by juries of their neighborhood? Their courts and their juries were not, in the case of Captain Preston, transported beyond the bounds of justice by their resentment: why, then, should it be presumed, that, in the case of those offenders, they would be prevented from doing justice by their affection? But the colonists, it seems, must be stripped of their judicial, as well as of their legislative powers. They must be bound by a legislature, they must be tried by a jurisdiction, not their own. Their constitutions must be changed their liberties must be abridged: and those who shall be most infamously active in changing their constitutions and abridging their liberties, must, by an express provision, be exempted from punishment.

:

*

I do not exaggerate the matter, sir, when I extend these observations to all the colonists. The Parliament meant to extend the effects of their proceedings to all the colonists. The plan, on which their proceedings are formed, extends to them all. From an incident of no very uncommon or atrocious nature, which happened in one colony, in one town in that colony, and in which only a few of the inhabitants of that town took a part, an occasion has been taken by those, who probably intended it, and who certainly prepared the way for it, to impose upon that colony, and to lay a foundation and a precedent for imposing upon all the rest, a system of statutes, arbitrary, unconstitutional, oppressive, in every view, and in every degree subversive of the rights, and inconsistent with even the name of freemen.

Were the colonists so blind as not to discern the consequences of these measures? Were they so supinely inactive, as to take no steps for guarding against them? They were not. They ought not to have been so. We saw a breach made in those barriers, which our ancestors, British and American, with so much care, with so much danger, with so much treasure, and with so much blood, had erected, cemented and

See Life of John Adams, vol. 1st, page 110, et seq. Narrative of the Boston Massacre.

That the sentiments of every individual concerning that important object, his liberty, might be known and regarded, meetings have been held, and deliberations carried on in every particular district. That the sentiments of all those individuals might gradually and regularly be collected into a single point, and the conduct of each inspired and directed by the result of the whole united; county committees, provincial conventions, a Continental Congress have been appointed, have met and resolved. By this means, a chain-more inestimable, and, while the necessity for it continues, we hope, more indissoluble than one of gold-a chain of freedom has been formed, of which every individual in these colonies, who is willing to preserve the greatest of human blessings, his liberty, has the pleasure of beholding himself a link.

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Are these measures, sir, the brats of disloyalty, of disaffection? There are miscreants among us, wasps that suck poison from the most salubrious flowers, who tell us they are. They tell us that all those assemblies are unlawful, and unauthorized by our constitutions; and that all their deliberations and resolutions are so many transgressions of the duty of subjects. The utmost malice brooding over the utmost baseness, and nothing but such a hated commixture, must have hatched this calumny. Do not those men know-would they have others not to know-that it was impossible for the inhabitants of the same province, and for the legislatures of the different provinces, to communicate their sentiments to one another in the modes appointed for such purposes, by their different constitutions? Do not they knowwould they have others not to know that all this was rendered impossible by those very persons, who now, or whose minions now, urge this objection against us? Do not they know

would they have others not to know-that the different assemblies, who could be dissolved by the governors, were, in consequence of ministerial mandates, dissolved by them, whenever they attempted to turn their attention to the greatest objects, which, as guardians of the liberty of their constituents, could be presented to their view? The arch enemy of the human race torments them only for those actions, to which he has tempted, but to which he has not

necessarily obliged them. Those men refine even upon infernal malice: they accuse, they threaten us, (superlative impudence!) for taking those very steps which we were laid under the disagreeable necessity of taking by themselves, or by those in whose hateful service they are enlisted. But let them know, that our counsels, our deliberations, our resolutions, if not authorized by the forms, because that was rendered impossible by our enemies, are nevertheless authorized by that which weighs much more in the scale of reason-by the spirit of our constitutions. Was the convention of the barons at Runnymede, where the tyranny of John was checked, and magna charta was signed, authorized by the forms of the constitution? Was the Convention Parliament, that recalled Charles the Second, and restored the monarchy, authorized by the forms of the constitution? Was the convention of lords and commons, that placed King William on the throne, and secured the monarchy and liberty likewise, authorized by the forms of the constitution? I cannot conceal my emotions of pleasure, when I observe, that the objections of our adversaries cannot be urged against us, but in common with those venerable assemblies, whose proceedings formed such an accession to British liberty and British renown.

The resolutions entered into, and the recommendations given, by the Continental Congress, have stamped, in the plainest characters, the genuine and enlightened spirit of liberty, upon the conduct observed, and the measures pursued, in consequence of them. As the invasions of our rights have become more and more formidable, our opposition to them has increased in firmness and vigor, in a just, and in no more than a just, proportion. We will not import goods from Great Britain or Ireland: in a little time we will suspend our exportations to them; and, if the same illiberal and destructive system of policy be still carried on against us, in a little time more we will not consume their manufactures. In that colony, where the attacks have been most open, immediate and direct, some further steps have been taken, and those steps have met with the deserved approbation of the other provinces.

that, whatever our demeanor be, we cannot be safe much longer. But another object demands our attention.

We behold, sir, with the deepest anguish we behold, that our opposition has not been as effectual as it has been constitutional. The hearts of our oppressors have not relented: our complaints have not been heard: our grievances have not been redressed: our rights are still invaded: and have we no cause to dread, that the invasions of them will be enforced, in a manner against which all reason and argument, and all opposition, of every peaceful kind, will be vain? Our opposition has hitherto increased with our oppression: shall it, in the most desperate of all contingencies, observe the same proportion?

Let us pause, sir, before we give an answer to this question. The fate of us; the fate of millions now alive; the fate of millions yet unborn, depends upon the answer. Let it be the result of calmness and intrepidity; let it be dictated by the principles of loyalty, and the principles of liberty. Let it be such, as never, in the worst events, to give us reason to reproach ourselves, or others reason to reproach us, for having done too much or too little.

Perhaps the following resolution may be found not altogether unbefitting our present situation. With the greatest deference, I submit it to the mature consideration of this assembly.

"That the act of the British Parliament for altering the charter and constitution of the colony of Massachusetts Bay, and those 'for the impartial administration of justice' in that colony, for shutting the port of Boston, and for quartering soldiers on the inhabitants of the colonies, are unconstitutional and void; and can confer no authority upon those who act under color of them. That the Crown cannot, by its prerogative, alter the charter or constitution of that colony: that all attempts to alter the said charter or constitution, unless by the authority of the legislature of that colony, are manifest violations of the rights of that colony, and illegal: that all force employed to carry such unjust and illegal attempts into execution, is force without authority: that it is the right of British subjects to resist such force: that this right is founded both upon the letter and the spirit of the British constitution."

Is this scheme of conduct allied to rebellion? Can any symptoms of disloyalty to his majesty, of disinclination to his illustrious family, or of disregard to his authority, be traced in it? To prove, at this time, that those acts are Those who would blend, and whose crimes unconstitutional and void is, I apprehend, altohave made it necessary for them to blend, the gether unnecessary. The doctrine has been tyrannic acts of administration with the lawful proved fully, on other occasions, and has remeasures of government, and to veil every fla-ceived the concurring assent of British America. gitious procedure of the ministry under the venerable mantle of majesty, pretend to discover, and employ their emissaries to publish the pretended discovery of such symptoms. We are not, however, to be imposed upon by such shallow artifices. We know, that we have not violated the laws or the constitution; and that, therefore, we are safe as long as the laws retain their force and the constitution its vigor; and

It rests upon plain and indubitable truths. We do not send members to the British Parliament: we have parliaments, (it is immaterial what name they go by,) of our own.

That a void act can confer no authority upon those, who proceed under color of it, is a selfevident proposition.

Before I proceed to the other clauses, I think it useful to recur to some of the fundamental

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