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Being desirous of serving his country in a military capacity, to which his natural bent was strong, he retired from civil employment in September, 1775, and raised a company of volunteers, of which he was unanimously elected colonel. In January of the ensuing year, he was appointed, by congress, colonel of one of the regiments which they had resolved to raise in Penn sylvania, and, at the opening of the campaign, received orders to join the army under Gen. Lee, at New York. Thence he proceeded with his regiment to Canada, and shared in the unsuccessful attack upon the enemy at Three Rivers (conducted by general Thompson,) on which occasion he was wounded, and distinguished him self for his bravery and good conduct in uniting and bringing off the broken troops. After the retreat from Canada, and the departure of Gates to join Washington's army, he was entrusted, by General Schuyler, with the command of the fortresses of Ticonderoga, and Mount Independence. Feb. 21, 1777, he was promoted by Congress to the rank of brigadier General. He continued in command of Ticonderoga and its dependencies until the month of May, when in consequence of his earnest solicitations, he was allowed to join the main army, under Washington, in New Jersey, where he was immediately placed at the head of a brigade, which he made every exertion to bring into the field in the highest state of discipline. After the British retreated from New Jersey, the commander in chief complimented him on his bravery and good conduct. As soon as the object of the next movement of sir William Howe was developed, general Wayne, in pursuance of the directions of Washington, left his brigade under the next in command, and proceeded to Chester, in Pennsylvania, to arrange the militia who were to rendezvous there.

In the battle of Brandywine (Sept. 11, 1777), he commanded a division stationed at Chad's ford, for the purpose of resisting the passage of the column under Knyphausen He maintained the contest with the utmost gallantry until near sunset, when at length, overpowered by numbers, and perceiving the enemy, who had defeated the right column of the American army, approaching his flank and rear, he was compelled to retreat. A few days afterwards (on the 16th,) Washîngton determined to try the fate of another battle; and, both armies being arrayed in Goshen township, Chester county, on the road leading from Philadelphia to Lancaster, the action was commenced with great spirit by Wayne, who led the advance. It was soon arrested, however, by a violent storm, which rendered it impossible to keep the field. On the 20th, Wayne, in pursuance of the orders of the commander in chief, to move forward upon the enemy, and endeavor to cut off his baggage, took an excellent position, with 1500 troops, including militia, a mile south of the Warren tavern, and three miles in rear of the left wing of the British army, whence, after being reinforced, it was his intention to march and attack the enemy's rear when they decamped.

portion of this campaign of 1777, owing to a combina tion of circumstances, he performed alone the duty of three general officers. About the middle of February, 1778, when the army was in winter quarters at Valley Forge, and suffering miserably from the want of provisions, he was detached with a body of troops to New Jersey, in order to secure the cattle on the eastern banks of the Delaware, and to destroy the forage which could not be removed, lest it should fall into the hands of the enemy. This was a most hazardous and arduous enterprize, within the limits of the enemy's lines, and in a district of country subject to his control whenever he chose to exert it--but he cheerfully proceeded to execute the orders of the commander-inchief, and literally carried on a winter campaign beyond the reach of any aid After several skirmishes with the enemy, in all of which he was successful, he suc ceeded in sending to camp several hundred head of fine cattle, many excellent horses, suited for cavalry service, and also in securing a quantity of forage, and destroying much more, for the whole of which, to the well affect ed, he executed certificates in due form. He returned to the army about the middle of March, and with his officers and soldiers, received the thanks of the commander-in chief. In all councils of war, general Wayne was distinguished for supporting the most energetic and decisive measures. In that which was held before the battle of Monmouth, he and General Cadwalader were the only two of the seventeen general officers who were in favour of fighting. This engagement added to his reputation, his ardor and resolution having been so conspicuous that Washington mentioned him with particular distinction in his official report to Congress. In 1779, Washington having formed a corps of light infantry, composed of a select body of troops from the different regiments of the army, appointed general Wayne to its command. In July of this year, he was intrusted, by the commander in-chief, with the execu tion of a design which he had formed for attacking the strong post of Stoney Point, on the Hudson river.

For the details of his success in carrying the fort on the 15th of July, by a night assault, and making the garrison prisoners with bayonets alone, without firing a single gun, we must refer to the history of the times. In the attack, he was struck by a musket ball on the forehead, which grazed is skull nearly two inches in length, just under the hair. He fell, but instantly rose on one knee, exclaiming, "Forward, my brave fellows, forward!" then, in a suppressed voice, said to his aids, "Assist me: if mortally wounded, I will die in the fort." They did so, and the three entered amongst the foremost troops. The wound fortunately proved slight. The thanks of congress, and a gold medal emblematic of the action, were presented to Wayne for his "brave, prudent, and soldierly conduct." At the end of the year 1779, the corps of light infantry was dissolved; and soon afterwards general Wayne resumed his command in the Pennsylvania line. During the campaign of 1780, he was constantly actively employed, and, in that of 1781, which ended in the capture of Cornwallis and the British forces at Yorktown, he bore a conspicuous

He made every arrangement to prevent a surprise, but the British having received full intelligence of his movement, from traitors, and being faithfully piloted by them, contrived to attack him unawares, with superior numbers, and obliged him to retreat after an obsti-part. nate resistance-but his troops formed again at a small distance. This affair having caused some to attach blame to him, he demanded and obtained a court martial, by whom it was unanimously decided that he had done "every thing that could be expected from an active, brave and vigilant officer, under the orders which he then had;" and he was therefore acquitted "with the highest honor." At the battle of Germantown he evinced his wonted valor, leading his division into the thickest of the fight, and, in covering the retreat, he used every exertion which bravery and prudence could dictate. His horse was killed under him within a few yards of the enemy's front, and he received two slight wounds, in the foot and in the hand. During a large

He was sent by Washington to take command of the forces in Georgia, where the enemy were making for midable progress. After some sanguinary encounters, he accomplished the establishment of security and order, and was presented by the legislature of the state with a valuable farm for his services. Peace soon after followed, when he retired to private life. In 1789 he was a member of the Pennsylvania convention, and an advocate of a the present constitution of the United States. In 1792 he was appointed by Washington the successor of general St. Clair in the command of the army engaged against the Indians on the western frontier. It was at first supposed that his ardor would render him an unfit opponent of a foe remarkable for cau

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tion. He soon, however, proved the incorrectness of this idea. He established admirable discipline among his troops, and by his wise and prudent measures in preparing for an engagement, and the skill and bravery with which he fought and gained the battle of Aug. 20, 1794, near the river Miami of the Lakes, he brought the war to a completely successful termination. In 1795 he concluded a definitive treaty of peace with the Indians. General Wayne died in December, 1796.

BIOGRAPHY OF JOSEPH REED.

The history of a large portion of those illustrious men, who achieved our national independence, is almost entirely unknown; and some indeed whose heroic conduct and strenuous exertions in the cause of liberty, deserve a higher record than a mere passing notice from a newspaper. Among the most worthy of the band of patriots, one whose virtues are not sufficiently known, and whose name is seldom met with in any notice now taken of these perilous times, is Joseph Reed, of Pennsylvania. True his name is not connected with any glorious battle-he never led his fellow men on the deadly strife, but a want of courage could not be attributed to him. He possessed that true moral courage of a truly brave man, and where is there another, who could have made the reply of Joseph Reed-"I am not worth purchasing; but such as I am the king of Great Britain is not rich enough to do it." Such was the language of Mr. Reed, to the tempting offers of the British govern

ment.

the

JOSEPH REED.

the articles of confederation. About this time, the British commissioners, governor Johnstone, lord Carlisle and Mr. Eden, invested with power to treat concerning peace, arrived in America; the former of whom addressed private letters to Mr. Laurens, Mr. Dana, Mr. Morris and Mr. Reed, offering them various inducements to lend themselves to his views. He caused in. formation to be secretly communicated to general Reed, that, if he would exert his abilities to promote a reconciliation, £10,000 sterling, and the most valuable office in the colonies, should be at his disposal. The answer of Reed was, "I am not worth purchasing; but such as I am, the king of Great Britain is not rich enough to do it." In the same year, he was unanimously elected president of the supreme executive council of Pennsylvania, and continued in the office for the constitutional period of three years. At the time, there were violent parties in the state, and several serious commotions occurred, particularly a large armed insurrection in Philadelphia, which he suppressed, while he rescued a number of distinguished citizens from the imminent danger of their lives, at the risk of his own, for which he received a vote of thanks from the legislature of the state. The revolt of the Pennsylvania line, also, in 1781, was suppressed through his instrumentality; and he was deputed, with general Potter, by the council of the state, with ample powers to redress the grievances complained of. [For numerous documents in relation to this affair, see Reg. vol. 2-p. 137, &c.] To him, likewise, belongs the honor of having been the original detector and exposer of the character of Arnold, whom he brought to trial for mal practices while in command at Philadelphia, notwithstanding a violent opposition on the floor of congress, and the exertions of a powerful party in Pennsylvania. Amidst the most difficult and trying scenes, the administration of Mr. Reed exhibited the most disinterested zeal and the greatest firmness and energy. His knowledge of law was very useful in a new and unsettled government; so that, although he found it in no small weakness and confusion, he left it, at the expiration of his term of office, in 1781, in as much tranquility and stability as could be expected from the time and circumstances of the war. He then returned to his profession. In 1784, he again visited England, for the sake of his health; but his voyage was attended with but little good effect. On the 5th of March, in the following year, he died, in his forty-third year. In private life, he was accomplished in his manners, pure in his morals, fervent and faithful in his attachments.-Enc. Amer.

INTERESTING LAW OPINION.

CASES OF TRESPASS.

Joseph Reed, president of the state of Pennsylvania, was born in New Jersey, Aug. 26, 1741. In 1757, at age of sixteen, he graduated at Princeton college. After studying law in that place, he repaired to England, where he prosecuted his studies until the disturbances in the colonies by the stamp act. On his return, he commenced the practice of his profession in Philadelphia, and met with cistinguished success. He embarked actively in the political struggle of the day, on the side of independence, and in 1774, was appointed one of the committee of correspondence of Philadelphia. He was in the same year, also president of the first provincial convention held in Pennsylvania, and a delegate to the continental congress. On the formation of the army, he resigned a lucrative practice, and, at the solicitation of general Washington, repaired to the camp at Cambridge, where he was appointed aidde-camp and secretary to the commander-in-chief. Throughout this campaign, though acting merely as a volunteer, he displayed great courage and military ability. In the beginning of 1776, he was made adjutant general, and contributed materially, by his local know- Several actions of trespass and damage, under $100, ledge, to the success of the affairs at Trenton and have been brought by JONATHAN C. BALDWIN, of ChesPrinceton. During the week which elapsed between ter county, against the Superintendent, Engineers and the two actions, he proposed to six Philadelphia gen- Contractors upon the Columbia and Philadelphia Railtlemen, members of the city troop, to accompany him road. As the Justices before whom these suits have on an excursion to obtain information. They advanced been instituted, have invariably given judgment in favor into the vicinity of Princeton, where the enemy was of the plaintiff, for sums under five dollars and thirty. stationed, and surprised twelve British dragoons in a three cents, thereby depriving the defendants of the farm house, who surrendered to this party of half their right of appeal, and omitting to set out on the face of number, and were conducted by them to the American the record, such facts in relation to the defence as will camp. At the end of the year, he resigned the office enable the court, (without the admission of affidavits) of adjutant-general. In 1777, within a period of less to decide upon the jurisdiction of the justice; it is prothan two months, he was appointed Chief Justice of bable that in some cases, those proceedings have origiPennsylvania, and named by congress a brigadier gene-nated from ignorance of the law, on the part of the ral. He declined both offices, however, but continued to serve as a volunteer until the close of the campaign. He was present at almost every engagement in the northern and eastern section of the Union; and, although at each of the battles of Brandywine, White Marsh and Monmouth, he had a horse killed under him, he had the good fortune never to receive a wound. In 1778, he was elected a member of congress, and signed

justice. Feeling very desirous that the most perfect harmony and good feeling should exist between the Agents of the Commonwealth who have charge of this improvement, and the citizens of the country through which it passes, I wish merely to draw their attention to the act of assembly, passed the sixth day of April, 1830, pamphlet laws, page 220, Sect. 5, "And be it further enacted, &c. That in cases where injury or damage has

been, or may be done to private property, by reason of will hear affidavits to prove the facts necessary to show the Pennsylvania canal, or rail road passing through the excess of jurisdiction, if they should not appear upon same, on BY THE TAKING OF ANY MATERIALS FOR SAID record, although in ordinary cases, where the jurisdicCANAL OR HAIL ROAD, it shall be the duty of the canal tion is not disputed, the parties are generally confined commissioners to ascertain as nearly as may be in their to the record returned by the justice, vide 3 Yeates, power, the amount of damage actually sustained, and 479, Ashmead's Rep. 52, ib. 217, 222, Wharton's Dig. to make an offer of such sum to the persons aggrieved, 474-5 Bin. 29. 2 Dal. 77, 114. I therefore recommend as they shall think reasonable: a record of which offer that writs of Certiorari be taken out, and good Counsel shall be made, and if the same should not be accepted; be employed to attend to the proceedings. and the damages thereafter assessed in the manner provided for by this act should not amount to a larger sum than the one offered as aforesaid, the person, or persons in whose favour such damages may be assessed, shall pay all the costs attending such assessment, and a certified copy of the record of such offer as aforesaid, shall be evidence of the amount thereof."

From the foregoing section it is plain, that a justice of the peace has no jurisdiction in the cases referred to; and that the law was specially designed to shield the Agents of the Commonwealth from actions of trespass, as well as to protect the rights of the citizens, by directing their damages to be assessed by a more competent and impartial tribunal. In procuring materials for this rail road the ag nts of the State have felt great anxiety, that the least possible injury should be done, either to the property, or the feeling of the citizens of the country, that the nature of the case would permit, and in every instance, where a contrary course has been pursued by the contractors, it has been promptly checked, upon the first intimation of the fact.

It may be necessary to guard against a recurrence of the evils alleged. If the facts are as stated in your letter, the conduct of the magistrates entertaining juris diction is exceedingly injurious to the public interest, and evinces but little regard for the policy and as little respect for the sovereignty of the State It is imma terial whether their conduct proceeds from hostility to a measure of public policy which the Legislature have adopted, or from an honest error of opinion. In either case the public interests seem to require the removal of those whose opinions are so greatly and dangerously at variance with the laws and established policy of the Commonwealth. An erroneous opinion in an ordinary case would be no cause of removal--but where the error affects extensively the whole community--thwarts the wishes of the people in their system of internal im provement and tends to obstruct the public agents in their endeavors to carry those wishes into execution, it is ample cause of removal by address. It will be proper for you, therefore, to make a detailed report of the facts in each case, either to the Governor or to the Canal Commissioners, that the whole subject may be laid officially before the representatives of the peoVery respectfully, yours, &c.

These remarks have been made, with the hope of
preventing, in future, those illegal and vexatious pro-
ceedings before justices of the peace.
If this hope ple.
shall be realized, it will be a matter of gratification to
the agents of the commonwealth, and I feel confident
that it will eventually be so to the owners of property
from whom materials are procured: but if, on the con-
trary, those persons who are deeply interested in the
early completion of this great public work, and who
have heretofore been clamorous upon that subject,
shall continue to annoy and vexatiously retard its pro-
gress, I feel assured that a strict enforcement of the
laws of the commonwealth, however unpleasant that
resort may be, together with that respect which the
Legislature must feel for their own enactments, will ef
fectually eradicate the evil. Subjoned is the opinion
of the Attorney General upon the cases referred to.

WM. B. MITCHELL,
Supt. Col. & Phila. Rail Road.

HARRISBURG, Aug 24, 1833.

GEN. WM. B. MITCHELL, Superintendent, &c.
Dear Sir,-Your letter of the 22d instant, to His
Excellency the Governor, having been referred to me,
I respectfully advise the following course of pro
ceeding, to remedy the grievances of which you com-
plain.

ELLIS LEWIS.

REMINISCENCE. The following account of the celebration, by the citizens of Pittsburg and vicinity, of the adoption of the Constitution of the United States, by Virginia, the ninth State, is taken from the Pittsburg Gazette, of 28th June, 1788. The speech of Mr. Brack enridge we omit for the present, but will probably find a place for it shortly.

"PITTSBURG, June 28,

On Friday last, the 20th instant, the news arrived at this place of the adoption of the new Constitution by Virginia, making the ninth state. On Saturday evening following, the inhabitants of this town and the adjacent country, to the number of about fifteen hundred, as sembled on Grant's Hill, a beautiful rising mount to the east of the town, having the two rivers, the Allegheny and Monongahela, and their junction forming the Ohio, in prospect. Occupying the verge of the hill, they were addressed by Mr. Brackenridge.

"Three cheers were now given, and the hats thrown into the air. Nine piles of wood were then lighted, representing the nine states which had adopted the constitution. At intermediate distances, four piles were left uninflamed, representing those which had not adopted it. Fire was kindled in them, but oppressed by green leaves and heavy boughs; in spite of all that could be done the pile of New Hampshire burst out, and gave a luminous splendor; that of Rhode Island not having sent delegates to the general convention, or called a convention of their own, had brimstone, tar, and feathers, thrown into it; yet still some boughs of wood that were at the bottom, catched the flame, purgThat of New

It is my opinion, that a Justice of the Peace has no jurisdiction of a claim for damages, occasioned in the construction or obtaining materials for the construction of the Rail-road or Canal; and that in all such suits, no matter who may be the nominal defendants, the Commonwealth is substantially the party sued. No court in the State can entertain directly or indirectly, a suit against the Commonwealth, unless such suit has been previously authorised "by law." Before the jurisdiction can attach, her consent must be shown to the "manner," the "Court" and the "case."-Const. Pa. Art. 9. S. 11. The cases referred to, instead of being ed off the noxious vapor and materials. subject to the jurisdiction claiming cognizance, and to York and North Carolina at length took fire, and exthe manner of proceeding adopted, have been express-ceeded even the other piles. The whole thirteen now ly submitted to a different tribunal, proceeding in a dif- in one blaze began to burn. The youths of the village ferent manner-5th section, act of 6th April, 1830, danced round them on the green; and the Indians who pamphlet laws, page 220. The Justices of the Peace were present, the chiefs of several nations, on their have no jurisdiction either over the subject matter of the way to the treaty at Muskingum, stood in amazement action or the party defendant. Entertaining this opinion, at the scene; concluded this to be the great council, I think on a Certiorari, the Court of Common Pleas seeing the thirteen fires kindled on the hill."

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DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

EDITED BY SAMUEL HAZARD.

VOL. XII.-NO. 12. PHILADELPHIA, SEPTEMBER 21, 1833. NO. 299.

EULOGY ON CHARLES CARROLL OF CAR-
ROLLTON, BY JOHN SERGEANT, LL. D.

Eulogy on Charles Carroll of Carrollton; delivered at
the request of the Select and Common Councils of
the city of Philadelphia, December 31st, 1832, by
John Sergeant, LL. D.

In the history of our Country, the most memorable
epoch is that of the Declaration of Independence. The
most illustrious assemblage of patriots, that which de-
clared it. The act, favored by Providence, has become,
as it were, immortal. Independence was established
once and forever.
The men, by whom it was achieved,
have in succession obeyed the law of our nature, and
we are now met to commemorate the event, which has
finally closed the living record of that august body.
The last of the signers has been united to the mighty
dead. Long spared to receive the affectionate homage
paid by a grateful nation to the single representative
upon earth of the Congress of 1776, to witness the kind-
ly and expanding influence of the institutions and prin-
ciples which he had aided to establish, even to look upon
three generations of his own immediate descendants,
partaking with millions the blessings prepared for them
by the toils and the dangers of himself and his cotempo-
raries, he too has become one of "the great majority"
whom death always numbers on his side, and of him as
of the rest, nothing now remains but the memory.
Thus has the Congress of 1776 again been united af-
ter a long separation. Among the dead as among the
living, they are associated, in our views and feelings,
by their common title to pre-eminent distinction for
wisdom, for patriotism, and tor heroic courage, and by
their common claim to our gratitude and veneration,
for their virtues and their services. If all have passed
away, they have not done so, without leaving to us the
possession of their pure fame to enrich us, their spirit to
instruct, and their example to guide us. Cherishing
their fame, and resolving to preserve it unimpaired,
counselling sincerely with their spirit and obeying its
counsels, and truly following their bright example, we
may hope, with the blessing of Heaven, to perpetuate
the good work which they have handed down to us,
and to continue long to enjoy its advantages.

At such a moment, it is natural to look back. The occasion invites us to re assemble the fathers of our nation, to place them again to the eye of contemplation, in the Hall of Independence, to dwell upon their character and conduct, and to consider with deep and earnest attention, who were the men and what were the means employed, to lay the foundations of a great republic. Hitherto, they have been among us. Not all of them. Of the fifty-six distinguished patriots, whose names are ineffaceably inscribed upon the monument they constructed, two were summoned from time to eternity before a year had elapsed. Forty-seven survived the struggle of war with the parent state, and lived to witness the final consummation of their wishes, by an acknowledgment in the treaty with England, of what her arms were unable longer to dispute. Fortythree remained when the present Constitution was presented by the Convention to the people of the United States for their adoption. Forty were still here to shed the light of their experience, and the influence of their

VOL. XII.

23

spirit, upon the first movements of the government, when that Constitution went into operation. From to select its object. But not with eager haste. At the these, as the years rolled on, the sure arrow continued end of fifty years, three of the venerable band were still among the living. On the fiftieth anniversary, in the midst of the jubilee, when the nation with one voice was commemorating the day of the great national act which had made us independent, two of them gen. tly sunk to rest, and their spirits departed while the hearts and the voices of their countrymen were swelling with gratitude to them and their associates for the blessings secured by their services and their toils. One only remained-the venerable Carroll. Fifty-six years were accomplished, and he too was removed, thelast of the fifty-six who, in the sight of man and of Heaven, had solemnly pledged "their lives, and fortunes, and their sacred honor," to abide the issue of their country's fortunes.

And who were these men? What was the pledge they thus solemnly offered, and so nobly redeemed? What were "their lives, and fortunes, and their sacred honor," which they staked in the cause of human freedom and of human rights? What was that assemblage of patriots, who in proclaiming their determination to be free, proclaimed at the same time the great principles which are every where acknowledged to have the irresistible power of truth? How did it happen that the youngest nation of the earth became the teacher of the world; that the true light of political philosophy broke forth from a region where the forest was not cleared, and the footstep of civilized man seemed scarcely to have made a sensible impression? Where dwelt that informed and assured spirit, which, leading an infant nation, never hesitated and yet never erred-which in the face of difficulty and danger, through a new and untried path, always advanced, yet never missed its course; which by intrepid perseverance, accomplished its glorious purpose so fully, so wisely, and so well, that its friends had nothing to desire, and its enemies nothing to censure?

It was much to declare independence-it was more to achieve it, in so unequal a contest-still more was it, by a display of wisdom and firmness, never surpassed, to fix the attention of the world, to challenge its admiration and command its respect, not only for the justice of our cause, but for the ability and virtue with which it was sustained-to exhibit popular representative government at the outset, in its best form, and to give to mankind at once an example and an assurance of its capacity to fulfil all the just purposes for which government was designed among men.

In the sight of other nations, the glory of that illustrious Congress is sufficiently established by its public acts, already consecrated in the page of history. For us, who, as their countrymen, are not only the heirs of their glory, but bound by every obligation to them, to ourselves, and to our children, to preserve it in all its lustre, and especially to maintain in purity and power, the institutions of free government they established for us, it may not be unprofitable to look carefully and closely into whatever belongs to its composition and character, in order that no circumstance, however minute, may escape our notice. The present is a fit oc

casion for some attempt to such an examination, and I am persuaded, that even if it should be found to be fruitlesss of instruction, it will certainly not have the effect of lessening our habitual respect for those whom we rightly consider the fathers of our country.

nent. It is perhaps enough for history. But we may be excused, if with the affectionate veneration of chil. dren, proud of the inheritance of a parent's fame, anxiously desirous to exhibit and to preserve it in all its lustre, and to transmit it in the clearest light to our de scendants, we dwell for a moment upon the particulars of the title, convinced as we are, that the closest scru tiny will only more distinctly reveal its strength. Nor is this all. We may deduce from the inquiry lessons of instruction peculiarly appropriate at the present mo ment.

But where shall we begin? How shall we enter upon the analysis which filial piety would thus invite us to institute, or how shall we conduct it? The occasion necessarily limits us to a few particulars, but those it is hoped will be sufficient at once to gratify and to instruct us.

The common characteristic of the Congress of 1776 is pure public virtue-the striking feature of its mea. sures is mature wisdom. Upon the foundation of virtue and wisdom thus happily united, they built up the edifice of their own enduring fame, by achieving for their country what in all succeeding ages will continue to engage the unqualified respect and admiration of mankind. Passing in a moment from a state of colonial dependence into the new condition of an independent nation-making this transition, too, in the midst of a sanguinary and unequal struggle already begun, and at the certain hazard of a war of undefined duration, brought to their very doors, and threatening to deal It is natural to begin then with the places of their with them, not as fair combatants, but as traitors and as birth. A few words will suffice. Of the fifty six memrebels, it is amazing, indeed, and argues a depth of in- bers who signed the Declaration of Independence, ten tellectual and moral energy of which history has furnish- were natives of Massachusetts-nine of Virginia-five of ed no parallel, that at such a time, they should not only Pennsylvania-five of Maryland-four of New Jerseyhave been fully equal to all the pressing exigencies of four of Connecticut-four of South Carolina-three of the crisis, but even more than this, that they should New York-two of Rhode Island-and two of Delaware have been able to make an accurate survey of the con-making altogether forty-eight, who were born in the dition of their country, to look forward to its future colonies. Of the rest, two were natives of Englanddestinies, to combine it into one great republic, and at two of Ireland-two of Scotland-and one of Wales. the instant when they firmly but solemnly declared they Of the remaining one I have not met with an account had counted the cost," should have announced those which enables me to speak. great principles of free government which were to enter into all our constitutions. To call this heroic, would be to associate it in our imaginations with the fabulous achievements of a remote antiquity, and thus to disfi. gure and degrade it. To compare it with what the great lawgivers of antiquity have done, would be entirely inadequate. To confound it with what accident has produced at other periods, and in o her quarters of the world, would be to sink it far below its proper level for foresight and deliberate conclusion. Whatever there is that is worthy of praise in the heroes of fable or of history, whatever there is that commands our approbation in the works of lawgivers, whatever of good there is that patriotism has been able to accomplish,—all these combined, and purified by the spirit of philanthropy, and governed by consummate skill, and sustained by unconquerable fortitude, make up the true portrait of that august assembly.

The honor we derive from these our ancestors, who carried our country triumphantly through the perilous trials of the war of independence, and established for us the principles of free government, which are now pervading the world, consists not simply in the reflection upon us of the lustre of their wisdom and their virtue, glorious and inestimable as it is. There is much more for us to rejoice in-much more to convey to us a deep and salutary lesson. That Congress was a popular representative body, freely chosen by the people of the thirteen colonies, and sustained by that people in its decisions and its acts. At the first meeting in Carpenter's Hall, on the 5th September, 1774, eleven of what in the Journal are denominated the several colo nies and provinces in North America" were represented. On the 4th July 1776, the whole thirteen were present by their delegates. The selection of such a Congress is a manifest proof of wisdom and virtue in the people; and the spirit and the energy with which they sustained the measures of Congress under all the trials and sufferings of a protracted and cruel war, established forever, that they too understood and appreciated their object, and were one and all resolved to accomplish it, or to perish in the attempt. The representative body was in this respect the image of their constituents. They were selected for their worth, and that worth was made up of a heart entirely devoted to the common purpose, and of a mind so instructed as to be capable of executing it. Of the composition and character of such a body, its aets may be considered in general as a sufficient expo

We are anxious next to know something of their age. Were they in the ardor of youth, when zeal is apt to outrun discretion, and a romantic spirit prompts to undertakings of danger, from the mere love of adventure or the influence of a heated imagination? Nothing could be more distant from the truth. There sat the venerable Franklin, in his seventieth year, and Hopkins within a few months of the same age, grasping the pen to assert their country's independence with a heart as resolute and a countenance as firm as Rutledge or Lynch, the most youthful of the body. Samuel Adams, too, and John Hancock, excepted in the offers of mercy held out by the crown, as the unpardonable ringleaders in rebellion, were not so young as to be unable to couut the cost, or to be hurried into danger from want of reflection. The one was fifty-four, the other was about forty. John Adams was forty, and Thomas Jefferson was thirty-three. There were in the whole convention but two who were under thirty, Rutledge and Lynch, of South Carolina They were twenty-seven. To sum it all up in a single word, which conveys at once a distinct conception of the finest combination of deliberate gravity and manly resolution, the average age of the whole assembly was about forty-five.

Nor were they men tossed up in the whirl of a revolu tion, distinguished chiefly by revolutionary audacity, and that audacity itself owing to the knowledge that they had nothing at stake, and nothing to lose. Among them were many who had all that as individuals, they could desire, and little to hope, for themselves, from a change. Indeed I doubt not that the observation might be applied universally. John Hancock, signalized, we have seen, as an unpardonable rebel, and the first of the signers, was in the enjoyment of the largest estate in Massachusetts. Charles Carroll of Carrollton was the heir of perhaps the richest man in Maryland. Heyward, Middleton, Lynch, Floyd, Nelson, and many more, were gentlemen of independent fortunes, to which they had been born. Others, by their talents and their industry had gained a commanding position in society; and in their private condition, might be considered among the happiest of men. Would you desire to know in what proportion the different professions and pursuits of life contributed from their numbers to form this Congress? It is not easy to ascertain it with precision. Of a part, however, an account can be given. There were sixteen lawyers-nine merchants-five physicians-five planters-three farmers-and one divine. Of the remaining

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