A Biography of the Signers of the Declaration of Independence, and of Washington and Patrick Henry. L. Carroll Judson
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the Rev. Francis Allison, then principal of one of the most celebrated Seminaries of the Province, and a gentleman of profound science and erudition. The talents of Thomas soon budded and blossomed like the early rose of spring. His mind was moulded for close application to study; his proficiency was truly gratifying to his teachers and friends, and gave high promise of unusual attainments. He became a thorough linguist, a practical mathematician, and a moral philosopher. He was a faithful student, and left the seminary, a finished scholar and an accomplished gentleman, esteemed and respected by his numerous acquaintances.
He then commenced the study of law under David Kinney, Esquire, at New Castle, Delaware. He explored the vast field of this science with astonishing and unusual success, and was admitted to the bar under the most favourable auspices. He commenced practice at the same place, and soon acquired a lucrative business and a proud reputation. He extended his operations into the province of his nativity, and was admitted in the Supreme Court of Pennsylvania, in 1757. His strict attention to business and his superior legal acquirements, obtained for him an extensive and just celebrity. Although he had become the eloquent advocate and able lawyer, he was still a close and industrious student. He continued to add to his large stock of knowledge, with the same avidity and to greater advantage, than when he commenced his scientific career. He did not fall into the error that has prevented some lawyers of strong native talent from rising above mediocrity: that when their practice begins their studies end. This is a rock on which many have been shipwrecked in all the learned professions. The laws of nature demand a constant supply of food in the intellectual as well as in the physical world. The corroding rust of forgetfulness will mar the most brilliant acquirements, of literature, unless kept bright by use; and much study is requisite to keep pace with the march of mind and the ever varying changes in the field of science, constantly under the cultivation of the soaring intellect of man. It maybe said, that the grand basis of the law is as unchanging as the rock of adamant. To this I answer: its superstructure is an increasing labyrinth, and, unless the progress of the work is kept constantly in view, those who enter, strangers to its meanderings, will find themselves in a perplexing situation.
In 1762, Mr. M’Kean was elected a member of the Delaware assembly from New Castle county, and was continued in that station for eleven successive years, when he removed to the city of Philadelphia. So much attached to him were the people of that county, that they continued to elect him for six succeeding years after his removal, although he necessarily declined the honour of serving. He was claimed by Delaware and Pennsylvania as a favourite son of each, under the old regimen, and did, in fact, serve both after changing his residence, by being elected to the continental congress from the state of Delaware, being then Chief Justice of Pennsylvania, the former state claiming him, probably, because he still retained his mansion, furnished by himself, in New Castle, where his business frequently called him.
In 1779, he attempted to take final leave of his constituents in Delaware, and on that occasion, as a large meeting was convened for the purpose, made a most animating, patriotic and thrilling speech; portraying, in glowing colours, the bright prospects that were dawning upon the infant republic, and the certainty of being able to maintain the independence of the United States. After he retired, a committee waited upon him, with the novel request, that he would name seven gentlemen, suitable to be elected to the assembly. He desired them to report his thanks for the confidence they expressed in his judgment, and assured them there were not only seven but seventy then in the meeting, fully qualified to represent the people, and begged to be excused from naming any gentlemen, lest he should give offence. A second time the committee called and insisted on the selection by him, with the full assurance that he would give no offence. He then named seven candidates, and had the gratification to learn that they were all elected. An unlimited confidence in his abilities and integrity, was strongly felt by his constituents, he continued to represent them in congress during the eventful period of the war.
In 1765, he was a member of the Congress of New York, sent from Delaware. He was one of the committee that drafted the memorable address to the House of Commons of Great Britain. His patriotism, love of liberty, and unbending firmness of purpose; were fully demonstrated in that instrument, as well as in the acts of his subsequent life. He was a republican to the core, and despised the chains of political slavery, the baubles of monarchy, and the trappings of a crown. He was for LIBERTY or death, and scorned to be a slave.
On his return, the same year, he was appointed judge of the court of common pleas, quarter sessions, and orphans’ court, of New Castle county. The stamp act was then in full life, but not in full force: Judge M’Kean directed the officers of the courts over which he presided not to use stamped paper, as had been ordered by the hirelings of the British ministers. He set their authority at utter defiance, and was the first Judge, in any of the colonies, who took this bold stand. That circumstance alone, trifling as it may now seem to some readers, was big with events, and was an important entering wedge to the revolution, and stamped his name, in bold relievo, on the tablet of enduring fame. He had talent to design and energy to execute. From that time forward, in all the leading measures of the struggle for liberty, he was among the leading patriots.
He was a prominent member of the congress of 1774, that convened at Philadelphia. From that time to the peace of 1783, he was a member of the continental congress, and the only one who served during the whole time. He was a strong advocate for the declaration of independence, and most willingly affixed his signature to that sacred instrument. When it came up for final action, so anxious was he that it should pass unanimously, that he sent an express after Cæsar Rodney, one of his colleagues, the other, Mr. Read, having manifested a disposition to vote against it. Mr. Rodney arrived on the 4th of July, just in time to give his vote in favour of the important measure, and thus secured its unanimous adoption. Notwithstanding the arduous duties that devolved on Mr. M’Kean, as member of congress, member of several committees, and chief justice of Pennsylvania, all of which he discharged satisfactorily—so ardent was his patriotism, so devoted was he to promote the cause he had nobly espoused, that he accepted a colonel’s commission, and was appointed to the command of a regiment of associators, raised in the city of Philadelphia, and marched to the support of Gen. Washington, with whom he remained until a supply of new recruits was raised. During his absence, his Delaware constituents had elected him a member of the convention to form a constitution. On his return he proceeded to New Castle, and, in a tavern, without premeditation or consulting men or books, he hastily penned the constitution that was adopted by the delegates. Understanding the wants and feelings of the people, well versed in law and the principles of republicanism, and a ready writer, he was enabled to perform, in a few hours, a work that, in modern times, requires the labours of an expensive assembly for nearly a year. How changed are men and things since the glorious era of ’76! How different the motives that now impel to action, and how different the amount of labour performed in the same time and for the same money. Then all were anxious to listen! now nearly all are anxious to speak. Then, legislators loved their country more, and the loaves and fishes less, than at the present day.
On the 10th of July, 1781, Judge M’Kean was elected president of congress, which honour he was compelled to decline, because his duties as chief justice of the Supreme Court of Pennsylvania would necessarily require his absence some part of the time during the session. He was then urged to occupy the chair until the first Monday of November, when the court was to commence. To this he assented, and presided until that time, with great credit to himself and to the satisfaction of the members of that august body. On his retiring from the chair, the following resolution was unanimously passed on the 7th of November, 1781:
“Resolved, That the thanks of congress be given to the Honourable Thomas M’Kean, late president of congress, in testimony of their approbation of his conduct in the chair, and in the execution of public business.”
His duties upon the bench of the Supreme Court of Pennsylvania, which commenced in 1777, were often of the most responsible and arduous character. He did not recognise the power of the crown, and held himself amenable, in the discharge of his official functions, only to his country and his God. An able jurist and an unyielding patriot, he punished, at the hazard of his own life, all who were brought before him and convicted of violating the laws of the new dynasty. No threats could intimidate or influence reach him, when designed to divert him from the independent