The Supreme Court of Pennsylvania.
67
Ladies & Gentlemen of Lancafter are refpectfully informed, that this evening will be prefented the greateft variety of amufements that had ever been ex hibited in this town, confiding of Pantomime, Singing, Hornpipe- Dancing, Tumbling, Speaking, &c. &c. And in particular an Indian WAR and SCALP Dance, by Mr. Durang and Mr F. Ricketts. Doors to be opened at fix and the performance to begin at 7 o'clock. Tickets to be had at Mr. Lenegan's and at Hamilton's Printing-Office. Ladies and Gentlemen who wi(h to engage feats may have them on calling upon Mr. Rowfon at the Theatre. Rowson & Co.
Vice-Admiralty Court, President Judge of the Common Pleas, and Judge of the High Court of Errors and Appeals, before he came to preside over the Supreme Court. His political opinions, and also undoubtedly his widely different nature, prevent any compar ison of his public services with those of Thomas McKean, outside of the law. His life was spent in a quiet attention to his pro fessional duties; and the great number of these, and the manner in which he performed them, gave him the security of knowledge and judgment as Chief-Justice that caused Mr. McCall to count his good influence upon the law of his State more lasting than any save that of McKean and Tilghman. He exercised a timely and sagacious conserva tism at a time when the Common Law, with all other things English, was in danger of falling into disrepute; and his learning and common-sense helped to preserve it as an organic structure and at the same time fit it to the special needs of the Commonwealth. It is interesting to read this statement in his opinion in Lessee of Morris v. Smith, 1 Yeates, p. 244. "There was a time within my remembrance, when lawyers held that common recoveries for docking estates tail could not be legally suffered in Pennsyl vania; and the first that was suffered will be found among the records of the Common Pleas, in my handwriting, when a young student." The following letter was addressed to his father by Mr. Shippen when he was twentyone years of age : —
Thomas McKean died on the 24th of June, 1817, eighty-three years old; an arrogant, patriotic, and indomitable man. Edward Shippen, "utter barrister of the Society of the Middle Temple," was commis sioned Chief-Justice Dec. 18, 1799, to suc ceed Thomas McKean, who had been elected governor. At this time Mr. Shippen was seventy years old, and had had fifty-three years of legal study and experience. He had been a leader of his bar; and Judge of the
Philadelphia, June 8, 1750. Hon'd Sir, — My mind has been much em ployed for about a Twelvemonth past about an affair, which, though often mentioned to you by others, has never been revealed by myself. . . . Miss Peggy Francis has for a long time appeared to me the most amiable of her sex, and tho' I might have paid my addresses, possibly with suc cess, where it would have been more agreeable to you, yet as Our Affections are not always in our Power to command, ever since my acquaintance with this young Lady I have been utterly incapable
nominated William Tilghman, a number of citizens waited on him, and informed him they came as representatives of the Demo cratic party. His honor made a profound bow, and asked what the great democracy desired. The appointment of a man more in accordance with their wishes, they said. "Indeed," said Mr. McKean, " inform your constituents that I bow with submission to the will of the great democracy of Philadel phia, but, by God! William Tilghman shall be Chief-Justice of Pennsylvania." Before leaving this firm friend of indepen dence, a more genial glimpse of his character will be seen in the following document: — By defire of GOVERNOR M'KEAN, Who means to honor the Theatre with his prefence, THIS EVENING, January 2, 1800, At the Houfe of Mr. Lenegan, in Eaft King ftreet, Lancafter. At the Sign of the White Horfe.
