in committee had voted against the declaration. Delaware was thus divided. All the other states, except Pennsylvania, had voted in favour of the measure, and it therefore became important to the friends of the declaration, that the votes of these two states should be secured. Mr. M'Kean, immediately, at his own expense, sent an express for Mr. Rodney, who, in consequence of it, arrived in Philadelphia just as congress was assembling on the morning of the 4th of July. He was met at the state house door by Mr. M'Kean. After a friendly salutation, and without a word being spoken on the subject, they entered the hall together, and took their seats. When the vote of Delaware was called, Mr. Rodney rose, in his boots and spurs, just as he had arrived, and briefly expressing his conviction that the welfare of his country demanded the declaration, voted with Mr. M'Kean, and secured the voice of Delaware. The state of Pennsylvania, on this day, also joined in the same vote, (two of the members, who voted against it in committee, being absent) and thus the declaration became the unanimous act of the thirteen states.

Shortly after the declaration of independence, Mr. M'Kean was appointed colonel of a regiment of associators, of the city of Philadelphia, and marched at the head of them, to support general Washington, until a flying camp of ten thousand men was raised. On his return to Philadelphia, he found he had been elected a member of the convention for forming a constitution for the state of Delaware. He proceeded to New Castle, and wrote in a tavern, without a book, or any assistance, the constitution which was afterwards adopted.

On the 10th of July, 1781, he was elected president of congress. The following extracts from the journal, will illustrate this part of our subject, and it is thought, will prove interesting to the reader:

"October 23, 1781, the secretary laid before congress, a letter from the president, in the words following:

"SIR-I must beg you to remind congress, that when they did me the honour of electing me president, and before I assumed the chair, I informed them, that as chief justice of Pennsylvania, I should be under the necessity of attending the supreme court of that state, in the latter end of September, or at farthest, in October. That court will be held today. I must, therefore, request, that they will be pleased to proceed to the choice of another president.

"I am, sir,

With much respect,

"Your most obedient humble servant, "THOMAS M'KEAN.

"Charles Thomson, Secretary of Congress."

"Whereupon, Resolved, That the resignation of Mr. M'Kean be accepted.

"Ordered, That the election of a president, be postponed until to-morrow.

99

"October 24, 1781. On motion of Mr. Witherspoon, seconded by Mr. Montgomery,

"Resolved, unanimously, That Mr. M'Kean be requested to resume the chair, and act as president, until the first Monday in November next, the resolution of yesterday, notwithstanding."

"November 5th, 1781. Congress proceeded to the election of a president, and the ballet being taken, the Honourable John Hanson was elected."

"November 7, 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 commission, as chief justice of Pennsylvania, was dated July 28, 1777. During the progress of the revolution, Philadelphia being the seat of government of the states, and an object of peculiar watchfulness on the part of the enemy, the just performance of Mr. M'Kean's judicial functions required not only the learning of the lawyer, but the unyielding spirit of the patriot. We find him proclaiming from the bench the law of justice and his country, with distinguished learning, ability, and integrity. Regardless of the powers of the crown of Great Britain, he did not hesitate to hazard his own life, by causing to be punished, even unto death, those who were proved to be traitors to their country, while he demonstrated that popular excitement against individuals accused of offences, could not in the slightest degree divert him from the sound and inflexible discharge of his public duty. It was energy, tempered with justice and humanity, that carried us triumphantly through the terrible conflict.

Having passed through the trying scenes of the revolution, with the well-earned and undisputed reputation of being one of the most unwavering and efficient whigs of the times, be devoted himself to the discharge of the duties of chief justice, until the year 1799, when he was elected governor of the commonwealth of Pennsylvania. Of his judicial character, we have not room to speak at large. In all the qualifications of the judge, however, it may, without hesitation, be said, that he had few equals in this or any other country. They who remember the supreme court of Pennsylvania while he presided there, speak of the dignity which it preserved, and the reverence which it inspired; and his judicial opinions, at a period when the law of the state was unsettled, and when a

master mind was requisite to reduce it to a system, have established for him the reputation of being one of the ablest law yers of his country. To the present day, his memory is held in the courts, in the most profound respect and veneration, and successive judges have, by their unvarying testimony, given unfading lustre to his judicial fame. In 1790, he was a member of the convention which framed the constitution of Pennsylvania. The best talents of the state were engaged in this important work, and among them, the force of Mr. M'Kean's knowledge and opinions, was felt and justly ap preciated.

In 1799, he was elected governor of Pennsylvania. His election was the result of a warm conflict between the two great parties which were then assuming those distinct political ranks, into which, for many years, the people of our country continued to be divided. of Mr. Jefferson's elevation to the Presidency; and during His success was the precursor the whole period of that gentleman's administration, the weight of Mr. M'Kean's opinions and conduct, was directed to the upholding of the principles which marked the policy of the general government. Such is the nature of the constitution of Pennsylvania, with respect to the powers of the governor, that party spirit will be roused, and the feelings of individuals, governed by personal interest, will be exhibited during every administration. Whatever, therefore, may have been the opinions of some, with regard to governor M'Kcan's administration, while they were under the excitement of the personal feelings of hope or disappointment, yet, during the whole constitutional period of nine years, the people were with him, and at this day, when his conduct is viewed through the medium of candour and truth, it is not denied, that that administration was marked by uncommon ability, and with great benefit to the state. gislative assemblies, are characterized by peculiar elegance His messages to the different leand force of language, and are replete with the soundest maxims of political wisdom, and the clearest practical views of the policy of government.

During the whole of his life, he was remarkable for the most unbending integrity of character. He possessed a qualification which has been justly noticed, as a distinguished trait in the character of Washington; a determination to do what he thought best for the interest of the state, without regard to the clamour of ignorance or of discontent. Independent of the opinion which the narrow minded, but self-sufficient might please to adopt with regard to him, he was willing to be judged by the consequences of his actions, however remote those consequences might be.

In person, Mr. M'Kean was tall, erect, and well formed. His countenance, in a remarkable manner, bespoke the firmness and intelligence for which he was distinguished. His manners were impressive and dignified. He retired, in 1808, from the cares of a long life, faithfully, ably, and successfully, devoted to the service of his country; and for the remainder of his days, enjoyed, in the peaceful pursuits of science and literature, the consciousness of a well earned and honourable fame.

He died at his mansion, in Philadelphia, on the 24th of June, 1817, in the eighty fourth year of his age.

He had outlived all the enmities which an active and conspicuous part in public affairs had, in the nature of things, created; and his memory will be cherished as that of one of the most useful, among the able and virtuous fathers of a mighty republic.

M'KINSTRY, JOHN, was a brave officer in the revolutionary war. At the first call of his country, he engaged in her service; and from the memorable battle of Bunker's Hill, with which her sanguinary trials began, down to the surrender of Cornwallis, at Yorktown, with which they gloriously ended, his zealous and efficient support was given to the cause of freedom. He had been repeatedly and severely wounded; and some of the enemy's balls he has borne with him to the tomb in which his remains are deposited. As a partizan officer he was particularly distinguished; and in many instances he showed, that to a daring spirit of gallantry, (which was perhaps, his most peculiar characteristic) he added the skill and conduct so seldom attained, and yet so indispensable to the formation of that character.

One incident, in the life of this veteran, is too remarkable to be passed slightly over. At the battle of the Cedars. (thirty miles above Montreal, on the St. Lawrence) colonel M'Kinstry, then captain in colonel Patterson's regiment of continental troops, was twice wounded and taken prisoner by the Indians. The intrepidity of captain M'Kinstry, as a partizan officer, to which we have alluded above, had rendered him alike the object of their fears, and of their unforgiving resentment. The British officers were too much in dread of their savage allies, on account of their vast superiority of numbers, to risk an interposition of their authority to prevent a horrid sacrifice they saw preparing: Already had the victim been bound to the tree, and surrounded by the faggots intended for his immolation; hope had fled, and in the agony of despair, he had uttered that mystic appeal which the brotherhood of Masons never disregard; when as if Heaven bad interposed for his

preservation, the warrior Brandt understood him and saved him.

Brandt had been educated in Europe, and had there been initiated into the mysteries of free-masonry. The advantages of education, and his native strength of mind, gave him an ascendancy over the uncultured sons of the forest, that few other chiefs possessed. Situated as he was, the impending danger of a brother must have forcibly brought to mind his obligation to support him in the time of peril. His utmost endeavours were accordingly used, and they were happily successful in obtaining for him an immediate respite and eventful ransom.

After the settlement of peace he retired to the cultivation of his farm in the vicinity of Hudson, sustaining an unblemished reputation, and enjoying the reward of his toils and sufferings, in the respect which was accorded, as well as to the rectitude of his private life, as to the patriotic services he had rendered his country.

He died in the town of Livingston, New-York, in the year

1822.

MONTGOMERY, RICHARD, a major-general in the army of the United States, in the revolutionary war, was born in the north of Ireland, in the year 1737. He possessed an excellent genius, which was matured by a fine education. Entering the army of Great Britain, he successfully fought her battles with Wolfe, at Quebec, 1759, and on the very spot, where he was doomed to fall, when fighting against her, under the banners of freedom. After his return to England, he quitted his regiment in 1772, though in a fair way to preferment. He had imbibed an attachment to America, viewing it as the rising seat of arts and freedom. After his arrival in this country, he purchased an estate in New-York, about a hundred miles from the city, and married a daughter of judge Livingston. He now considered himself as an American. When the struggle with Great Britain commenced, as he was known to have an ardent attachment to liberty, and had expressed his readiness to draw his sword on the side of the colonies, the command of the continental forces in the northern department was intrusted to him and general Schuyler, in the fall of 1775. By the indisposition of Schuyler, the chief command devolved upon him in October. He reduced fort Chamblee, and on the third of November, captured St. Johns. the 12th he took Montreal. Leaving a few troops in Montreal, he despatched several detachments into the province, encouraging the Canadians to forward on provisions, and proceeded with expedition to Quebec. He formed a junction at Point-Aux-Trembles with colonel Arnold, who had been des

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