She was purchased by Coburn & Whitehead for £2287 or $7,700 in certificates of public credit. They sold to Robert Morris "at a great profit." She became a merchant vessel and in June, 1787, made a voyage to China, returning September, 1788. She was of 724 tons—a large ship for those days. After all her perilous voyages and wonderful escapes from the enemy she was beached on Petty's Island in the Delaware River opposite Kensington, Philadelphia. Part of her timbers remained until 1901 and her hulk was visible at low tide. The widening of the channel caused the removal of what remained of her hulk. Pieces are preserved at the Museum of Independence Hall, where it is labeled as having been commanded by John Paul Jones. Another portion is at the American Catholic Historical Society of Philadelphia. There also may be seen the card table and soup tureen of the Commodore, deposited by the compiler of this record.
CHAPTER XVI.
After the War Barry Secures the Adoption of the New Federal Constitution by Forcing a Quorum of the Assembly—Is Sued—Goes to China in Command of the "Asia," a Merchant Vessel.
After the sale of the "Alliance," Captain Barry "rested from his labors," but yet concerned about many things pertaining to his friends and their interests. We find him recommending subordinate officers for positions in the merchant service, in petitioning Congress that officers of the Navy be put on "a footing similar to their brother officers of the land service, as to half-pay or commutation and lands according to their ranks, as they were the only class of officers who remain neglected and totally unprovided for." He referred evidently to his own experience when he said, "few of the ships belonging to the United States were ever suffered to cruise, but were sent on private service and ordered not to go out of their way, but to keep clear of all vessels whatever and that such as were permitted had particular cruising grounds pointed out to them, which frequently ensured them severe blows and but few prizes."
When in 1787 a Federal convention had been held in Philadelphia to formulate a Constitution by which the States could form "a more perfect union" and "promote domestic tranquility," the present Constitution of our country was formulated by the convention for ratification by the several States. In each State controversy and discussion arose over the consideration of the advisability of adopting it as the supreme law of the land.
The Confederation had proven unsuited to the needs of the country. So a new plan of government was necessary. On September 17th, the day the Convention had adopted the Constitution, the Pennsylvania members of the Convention at once notified the Assembly of the State, then in session at the Hall of Independence, that they were ready to report to the Assembly. The next morning "the honorable delegates, led by Benjamin Franklin, were ushered into the Hall of the Assembly, made their report and presented the new Constitution." No action was taken by the Assembly. On September 29th, the last day but one of the session, George Clymer proposed to refer the Act of Ratification to a Convention of the State. Pleas for delay were made. Thomas FitzSimons, a Catholic, one of the Representatives at the Constitutional Convention and also a member of the Pennsylvania Assembly, opposed delay in submitting the new Constitution to a convention of the citizens for adoption or rejection.
It was resolved to call a State Convention, but no day was fixed for its meeting. Nineteen members had voted against calling it. On their behalf it was asked that the consideration of the time of the meeting of the convention should be postponed until the afternoon. This was granted. When the House again met, the nineteen were absent. The Assembly lacked a quorum. The absentees were sent for, but refused to appear. Mr. Wynkoop declared: "If there is no way of compelling those who deserted from duty to perform it, then God be merciful to us!"
There was a way of "compelling" and Captain John Barry led the compellers.
The next morning a number of citizens, whose leader was Commodore John Barry, forcibly entered the lodgings of James McCalmont and Jacob Miley, the members from Franklin and Dauphin Counties, dragged them to the State House and thrust them into the chamber where the Assembly was in session without a quorum. With these two there were forty-six representatives present—a quorum. Mr. McCalmont informed the House that he had been forcibly brought into the Assembly-room, contrary to his wishes, by a number of citizens. He begged he might be allowed to retire.