The Sages and Heroes of the American Revolution

by L. Carroll Judson

In 1762 Mr. McKean was elected to the Delaware Assembly from Newcastle county and continued in that body for eleven consecutive years. He then removed to Philadelphia. So much attached were the Delawarians to him that they continued to elect him to their Assembly for six years after his removal although he could not serve them in that. Under the old regimen, he was claimed by both Delaware and Pennsylvania and served them conjointly in the Continental Congress.

In 1765 he was a member from Delaware to the Congress in New York. He was upon the committee that drafted the memorable address to the House of Commons. His patriotism, love of liberty and firmness of purpose were fully demonstrated in that instrument and by his subsequent acts. He was republican to the core—despised the chains of political slavery—the baubles of monarchy and the trappings of kingly courts. He struck high for Liberty and scorned to be a slave.

On his return from New York he was appointed Judge of the Common Pleas, Quarter Sessions and Orphans' Court of Newcastle county. The Stamp Act was then in full life but not in full force in Delaware. Judge McKean was the first judicial officer who put a veto on stamped paper—directing the officers of the courts over which he presided not to use it, as had been ordered by the hirelings of the crown. He set them at defiance and was sustained by the people of the nation. That circumstance, trifling as it may now seem to superficial readers, was big with consequences. It was one of the entering wedges to the Revolution that made an awful opening in the monarchical mass that was ultimately split into atoms and annihilated by the wedges and malls of the hard-fisted sons of America. From that time Judge McKean was hailed as one of the boldest champions of Freedom—one of the ablest defenders of his country's Rights.

He was a prominent member of the Congress of 1774. He had talent to design—energy to execute and at once made himself useful. He was the only man who served in the Continental Congress during the whole time of its duration. He was a strong advocate for the Declaration of Independence and promptly put his name to that revered instrument. When it came up for final action, so anxious was he that it should pass unanimously—that he sent an express for Mr. Rodney who arrived just in time to give an affirmative vote.

Notwithstanding the arduous duties that devolved on him as a member of Congress—of several important committees and Chief Justice of Pennsylvania—so ardent was his patriotism that he accepted a colonel's commission—took command of a Philadelphia regiment and marched to the aid of Gen. Washington, remaining with him until a new supply of recruits was raised. During his absence his Delaware constituents had elected him to a convention to form a constitution. On his return he proceeded to Newcastle, put up at a tavern and without consulting men or books, hastily penned the constitution that was adopted by the convention. Understanding the feelings and wants of the people—well versed in law and republicanism—a ready writer, he performed the labor in a few hours that has required a large number of men nearly a year to accomplish in more modern times. How changed are men and things since the glorious era of '76. How changed the motives that impel many politicians to action—how different the amount of useful labor 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. I do not blame the politicians—it is their trade and living. Office seeking has become a card game in which the applicants are the pack—demagogues the players and the dear people and government the table played upon. The bone and sinew of our country can and should block this ruinous game at once. We have as good men as lived in '76 and a few of them on duty. There should be no others selected. They will not seek office but we should be careful to seek them and cleanse the temple of our Liberty from political peculation and venality. If our country is ruined it will be the fault of the mass.

On the 10th of July 1781, Judge McKean was elected President of Congress but declined serving in consequence of his duties as Chief Justice of Pennsylvania. He was then urged to occupy the chair until the court should commence the next term. To this he assented and made an able presiding officer. On the 7th of November he vacated the chair and was complimented by the following resolution:—"Resolved—That the thanks of Congress be given to the Honorable Thomas McKean, 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 commenced in 1777 and were extremely onerous. He did not recognize the power of the crown and held himself amenable only to his country and his God. An able jurist—an unbending patriot—at the hazard of his life he punished all who were brought before him and convicted of violating the laws of the new government. No threats could intimidate—no influence reach him when designed to divert him from the independent discharge of his duty. His profound legal acquirements—ardent zeal—equal justice—vigorous energy and noble patriotism—enabled him to outride every storm and calm the raging billows that often threatened to overwhelm him. He marched on triumphantly to the goal of Liberty and hailed the star spangled banner as it waived in grandeur from the lofty spire of the temple of Freedom. He beheld, with the eye of a sage, philosopher and philanthropist, the rising glory of Columbia's new world. He viewed, with emotions of pleasing confidence, the American eagle descend from the ethereal regions beyond the altitude of a tyrant's breath and pounce upon the British lion. With increasing vigor and redoubled fury the mighty bird continued the awful conflict until the king of beasts retreated to his lair and proclaimed, in a roar of thunder—AMERICA IS FREE! Angels rejoiced—monarchs trembled—patriots shouted a loud—AMEN!!! The torch of England's power over the Colonies expired in its socket—the birth of a new nation was celebrated by happy millions basking beneath the genial rays of the refulgent glories of the sun of Liberty. The harvest was past—the summer ended—our country saved. The stupendous work of political regeneration was accomplished—the Independence of the United States acknowledged—an honorable peace consumated. Judge McKean then sat down under his own fig tree to enjoy the full fruition of the comforts resulting from his faithful labors in the cause of equal rights.

He continued to discharge the important duties of Chief Justice up to 1799 illuminating his judicial path with profound learning, sound discretion and impartial decisions. His Supreme Court opinions, based, as they generally are—upon equal justice, correct law and strict equity—delivered when the form of government was changed, the laws unsettled, the stale constitution just formed, the Federal Government under its Constitution bursting from embryo—are monuments of legal fame enduring as social order—revered, respected—canonized.

He was a member of the convention that formed the constitution of Pennsylvania adopted in 1790 and exercised a salutary influence in that body. In 1799 he was elected Governor of the Keystone state and contributed largely in adding new strength and beauty to the arch of our Union. For nine successive years he directed the destinies of the land of Penn—commencing at a period when the mountain waves of party spirit were rolling fearfully over the United States with a fury before not dreamed of. Amidst the foaming and conflicting elements, Governor McKean stood at the helm of his commonwealth calm as a summer morning—firm as a granite rock and guided his noble ship through the whirling storm—unscathed and unharmed. He proved himself a safe and skilful pilot.

For elegance and force of language—correct and liberal views of policy—a luminous exposition of law and the principles of government—his annual messages to the legislature stand unrivalled. The clamors of his political enemies he passed by as the idle wind. The suggestions of his friends he scanned with the most rigid scrutiny. Neither flattery or censure could drive him from the strong citadel of his own matured judgment.

The fawning sycophant—the designing demagogue he spurned with contempt. By honest means only he desired the advancement of the party that had elevated him to a post of honor. Open and avowed principles—fully proclaimed and strictly carried out were frankly and without prevarication or disguise submitted to the people by him. He was a politician of the old school when each party had plain and distinctive landmarks, significant names and fixed principles. Political chemists had not then opened shop and introduced the modern mode of amalgamation—producing a heterogeneous mass that defies the power of analysis, analyzation or scientific arrangement. No one of the yclepped classes is homogeneous.