In this dilemma, Mr. Rutledge was among those who proposed and passed a law, making property a lawful tender for debts; a law purely republican, but so obnoxious to avarice, that most men, who are aristocrats just in proportion to the amount of wealth they acquire above the wants of life, oppose it.
He also favoured the instalment law, and used his best exertions to meliorate the condition of the poor as well as the rich, by the enactment of laws based upon humanity and justice. He took an active part in most of the legislation of the state, and when the federal constitution was presented for consideration, he was, taking it as a whole, its warm and zealous advocate. Purely republican in principle, he was always opposed to slavery, deeming it a national curse. He was untiring in his labour — emphatically a working man. Dr. Ramsay remarks of him, “For the good obtained and the evil prevented, his memory will be long respected by his countrymen.”
As I have before remarked, he was a friend to order and law, and when any measure was consummated by legislative action, or by any public functionary duly authorized to act, he delighted in seeing it fulfilled to the letter. Although he was in feeling with the French when difficulties arose between them and England, he reprobated strongly the conduct of M. Genet and the French Directory. He was not a party man, but was always actuated by a sense of duty, and a pure desire for the prosperity of his country. His was the stern, unflinching moderation, calculated to awe a mob, paralyze a faction, and preserve, pure and undefiled, that lofty patriotism which commands esteem and respect.
In 1798 he was elected governor of his native state. Soon after, disease fastened its relentless hands upon him, and handed him over to the king of terrors in the mid career of his term. During the legislative session of 1800, his illness increased so rapidly that he felt an assurance that his dissolution was rapidly approaching, and was desirous of returning to Charleston, that he might yield up his breath where he first inhaled the atmosphere. The constitution required the presence of the governor during the sitting of the legislature, and so scrupulous was he to fulfil its letter, that he determined to remain unless both branches passed a resolution sanctioning his absence. The subject was submitted, but on some debate arising from the partisan feeling then prevalent, the application was immediately withdrawn, and he remained until the legislature adjourned. He was barely able to reach his home, when he laid down upon the bed of death and yielded to the only tyrant that could conquer his patriotic spirit, on the 23d of January, 1800. The same fortitude that had characterized his whole life, was strongly exhibited during his last illness, and did not forsake him in his dying hours. His loss was severely felt and deeply lamented by his mourning fellow-citizens. In the death of this good man, his native state lost one of its brightest ornaments, one of its noblest sons.
Governor Rutledge stood high as an orator. He appears to have understood well the machinery of human nature, and knew well when to address the judgment and when the passions of his audience. In exciting the sympathy of a jury, he had no equal at the Charleston bar. He also knew how, where, and when to be logical; and, what is all-important in every man, either in the public or private walks of life, he knew how, when, and where to speak, and what to say. His private worth and public services were highly honourable to himself, consoling to his friends and beneficial to his country. His usefulness only ended with his life; his fame is untarnished with error; his examples are worthy of imitation, and his life without a blank.
By his first wife, Harriet, daughter of Henry Middleton, one of his colleagues in congress, he had a son and daughter, the latter of whom remained in Charleston, the former, Major Henry M. Rutledge, became one of the pioneers of Tennessee. God grant that he may imitate the virtues of his venerable father, and fill the blank our country experienced in the death of the wise, the judicious, the benevolent, the philanthropic, the patriotic, and the high minded Edward Rutledge.
THOMAS M’KEAN
But few men have contributed more to fill the measure of the glory and prosperity of their country, than the subject of this brief sketch. He was a native of Chester county, Pennsylvania, and born on the 19th day of March, 1734. He was the son of William M’Kean, who immigrated from Ireland when quite young. He placed Thomas, at an early age, under the tuition of the Rev. Francis Allison, then principal of one of the most celebrated Seminaries of the Province, and a gentleman of profound science and erudition. The talents of Thomas soon budded and blossomed like the early rose of spring. His mind was moulded for close application to study; his proficiency was truly gratifying to his teachers and friends, and gave high promise of unusual attainments. He became a thorough linguist, a practical mathematician, and a moral philosopher. He was a faithful student, and left the seminary, a finished scholar and an accomplished gentleman, esteemed and respected by his numerous acquaintances.
He then commenced the study of law under David Kinney, Esquire, at New Castle, Delaware. He explored the vast field of this science with astonishing and unusual success, and was admitted to the bar under the most favourable auspices. He commenced practice at the same place, and soon acquired a lucrative business and a proud reputation. He extended his operations into the province of his nativity, and was admitted in the Supreme Court of Pennsylvania, in 1757. His strict attention to business and his superior legal acquirements, obtained for him an extensive and just celebrity. Although he had become the eloquent advocate and able lawyer, he was still a close and industrious student. He continued to add to his large stock of knowledge, with the same avidity and to greater advantage, than when he commenced his scientific career. He did not fall into the error that has prevented some lawyers of strong native talent from rising above mediocrity: that when their practice begins their studies end. This is a rock on which many have been shipwrecked in all the learned professions. The laws of nature demand a constant supply of food in the intellectual as well as in the physical world. The corroding rust of forgetfulness will mar the most brilliant acquirements, of literature, unless kept bright by use; and much study is requisite to keep pace with the march of mind and the ever varying changes in the field of science, constantly under the cultivation of the soaring intellect of man. It maybe said, that the grand basis of the law is as unchanging as the rock of adamant. To this I answer: its superstructure is an increasing labyrinth, and, unless the progress of the work is kept constantly in view, those who enter, strangers to its meanderings, will find themselves in a perplexing situation.
In 1762, Mr. M’Kean was elected a member of the Delaware assembly from New Castle county, and was continued in that station for eleven successive years, when he removed to the city of Philadelphia. So much attached to him were the people of that county, that they continued to elect him for six succeeding years after his removal, although he necessarily declined the honour of serving. He was claimed by Delaware and Pennsylvania as a favourite son of each, under the old regimen, and did, in fact, serve both after changing his residence, by being elected to the continental congress from the state of Delaware, being then Chief Justice of Pennsylvania, the former state claiming him, probably, because he still retained his mansion, furnished by himself, in New Castle, where his business frequently called him.
In 1779, he attempted to take final leave of his constituents in Delaware, and on that occasion, as a large meeting was convened for the purpose, made a most animating, patriotic and thrilling speech; portraying, in glowing colours, the bright prospects that were dawning upon the infant republic, and the certainty of being able to maintain the independence of the United States. After he retired, a committee waited upon him, with the novel request, that he would name seven gentlemen, suitable to be elected to the assembly. He desired them to report his thanks for the confidence they expressed in his judgment, and assured them there were not only seven but seventy then in the meeting, fully qualified to represent the people, and begged to be excused from naming any gentlemen, lest he should give offence. A second time the committee called and insisted on the selection by him, with the full assurance that he would give no offence. He then named