They did so; and therein generated a spirit of union, which finally brought about the independence of the country, and led to the establishment of its present happy constitution. But, although such was the character of the great majority of the assembly, it possessed, upon the whole, much less fortitude than the succeeding congress of 1774; in fact, certain members appeared as timid as if engaged in a traitorous conspiracy. Among the most conspicuous characters, James Otis appeared to be the best and boldest speaker: he was nominated as president of the congress, but brigadier Timothy Ruggles succeeded by one vote, owing to the number of the committee from New York, the members then voting individually. Before the commencement of the proceedings, however, it was made a sine qua non on the part of Mr. M'Kean, and resolved accordingly, that the committee of each colony should have one voice only, in determining any questions that should arise in the congress. He was selected, with Mr. Livingston and Mr. Rutledge, to inspect and correct their proceedings and minutes; and appointed, with Mr. Lynch and Mr. Otis, to prepare an address to the house of commons. He displayed, on every occasion, that unbending firmness and energy which characterized his subsequent public conduct.

1

The stamp act congress, as it was called, having framed a declaration of rights and grievances, together with an address to his majesty, and memorials to the lords and commons, was dissolved on the twenty-fourth of October, 1765. A few members of this body were either suspected of being inimical to its designs, or acted in such a manner as if they were more desirous of ingratiating themselves with the British ministry, than serving their country. When the business was concluded, and on the last day of the session, the president, and some timid members, refused to sign the proceedings. Mr. M'Kean then rose, and addressing himself per

sonally to the president, remarked, that as he had not made a solitary objection to any of the measures which had been finally adopted, nor a single observation indicative of disapprobation, he requested that he would now assign his reasons for refusing to sign the petitions. To this demand, the president replied, that he did not conceive himself bound to state the cause of his objections. Mr. M Kean rejoined, that the gentlemen present had met together to endeavour to obtain the repeal of an unconstitutional and oppressive act of the British parliament, and a redress of other grievances; that, as unanimity and harmony had hitherto prevailed amongst them, it appeared very extraordinary that any member should refuse to affix his name to what he had at least apparently approved, without any excuse, or observation, on the occasion; and that, if there was any thing treasonable, offensive, or indecent, in their proceedings, he thought it would be an act of comity, nay of duty, to advise his brethren of it: other delegates spoke briefly to the same purport. Thus pressed to an explanation, the president, after a long pause, observed, that it was against his conscience." Mr. M'Kean now rung the changes on the word conscience so long and loud, that a plain challenge was given and accepted, in the presence of the whole congress; but the president departed from New York the next morning before the dawn of day. Mr. Robert Ogden, then speaker of the house of assembly of New Jersey, also refused to sign the petitions, although warmly solicited by Mr. M'Kean in private, as well as by his colleague, colonel Borden. The great mass of the people were, at this time, zealous in the cause of America. Hence, Mr. Ogden was desirous of concealing, for some time, the adverse part which he had taken in the proceedings of the congress. He accordingly requested colonel Borden not to mention the circumstance among his more immediate constituents, and to

use his influence with Mr. M'Kean, his son in law, to prevail on him to pursue the same course but the latter would promise nothing more, than not to mention the matter as he passed through New Jersey, unless the question was put to him. The question was asked in several different towns, he was requested to state the names of the gentlemen who had not signed the petitions, which he did without hesitation. In a few days, the speaker was burned in effigy in the town in which he resided, as well as in several others, and at the next meeting of the general assembly, he was removed from the office of speaker: the consequences to Mr. M'Kean were menaces of another challenge, not more fatal than the former.

On his return to Newcastle, he, with his colleague Mr. Rodney, reported their proceedings to the assembly of Delaware, and received the unanimous thanks of that house, for the energy and ability with which they had discharged their duties in the congress.

Mr. M'Kean continued to be engaged in various public employments. On the tenth of July, 1765, he was appointed by the governor, sole notary, and tabellion public, for the lower counties on Delaware; and, in the same year, received the commission of a justice of the peace, and of the court of common pleas and quarter sessions, and of the orphan's court, for the county of Newcastle. In November term, 1765, and February term, 1766, he sat on the bench which ordered all the officers of the court to proceed in their several duties, as usual, on unstamped paper: this was accordingly done; and it is believed that this was the first court in the colonies that established such an order.

In 1766, he was licensed by the governor of New Jersey, on the recommendation of the judges of the supreme court, to practise as a solicitor in chancery, attorney at law, and counsellor, within all the courts in that province. In 1769, VOL. IV.-B

he was selected by the assembly to proceed to New York, and there to obtain copies of all documents relating to real estates in the lower counties on Delaware, prior to the year 1700; he faithfully discharged this duty, and the copies thus procured were established, by a law, as of equal authority with the original records. In 1771, he was appointed by the commissioners of his majesty's customs, collector of the port of Newcastle; and in October, 1772, he was chosen speaker of the house of representatives.

Owing to a change of ministers in the British cabinet, and the apprehension of a serious opposition on the part of the colonies, the stamp act was repealed; but, at the same time, an act was passed, maintaining the right of the parliament to bind the colonies by law in all cases whatsoever. Two years had not elapsed from this period, before the government resolved to test this right, and derive a revenue from their colonies, by imposing a duty on the importation of teas, paper, painter's colours, and glass, which were prohibited from any other place than Great Britain. The impost was so small, that little opposition was anticipated: but there were patriots in the colonies who had not forgotten the stamp act; who deeply reflected on the consequences of submission, and who were fully aware that it would be established as a precedent, and that many an error, by the same example, would creep into the state. A correspondence accordingly took place among leading and influential characters throughout the continent; a powerful opposition was organised; and measures concerted to render it effectual. Public meetings were held in the principal commercial towns, and it was finally agreed, that the colonies should appoint delegates from their respective houses of assembly, to meet in Philadelphia, on the fifth of September, 1774. Firm and decided, uniform and energetic, in resisting the usurpations of the

British crown, Mr. M'Kean, as he had before done in 1765, took an active part in the preparatory measures which led to the meeting of this congress; and was appointed a delegate from the lower counties on Delaware, although he had, a short time before, removed his residence permanently to Philadelphia.

An important era, not only in the history of America, but of man, had now arrived. Great events may not create, but they always will elicit and excite ability, and bring dormant talents into active operation; and, although the principal part of his life had hitherto been employed in laborious official engagements, Mr. M'Kean soon found that the times now required all the exertions of his mental and physical powers. On the fifth of September, he took his seat in the august assemblage, of which he became an invaluable ornament; and from that day, his country claimed him as her own. He was annually elected a member, until the first of February, 1783; serving in the great national council during the long, and uninterrupted, period of eight years and a half.

Two remarkable circumstances, connected with this epoch, are peculiar to the life of Mr. M'Kean. In the first place, he was the only man who was, without intermission, a member of the revolutionary congress, from the time of its opening, in 1774, until after the preliminaries of the peace of 1783 were signed; for, notwithstanding he was also engaged in other important public affairs, his residence in Philadelphia induced his constituents to continue to return him. It may be added, however, as a case very similar, that Roger Sherman, a delegate from Connecticut, was a member of congress from the time of its first sitting, in September, 1774, until the month of February, 1782, and what is more remarkable, he was a member during the long period of nineteen years, except when the laws required a rotation in office.