MEMOIR

WIIililAHI RAWIiE, £.1.. D.
President of the Historical Society, ^c.

BY T. I. WHARTON, ESQ.

Read at a meeting of the Council, held on the 33d day of February, 1837.

WITH A LETTER FKOM
FETER STEPHEXT DU FOZT0E.A,U, ESQ.
To tho Author, containing hia recollections of Mr. Hawle's
life and character.

1840.

The following Memoir was prepared atthe request ofthe Council of the
Historical Society, and was read at a meeting held on the 33d day of Feb
ruary, 1837.
I am abundantly sensible of its deficiencies and defects both in substance
and manner, and have only to state, in apology, that it was hastily prepared
in the scanty intervals of leisure, which the cares and duties of my profes*
sion allowed. I should hesitate much about allowing it to go to the press,
if it were not for the circumstance of its having been the means of awsiken-
ing the delightful recollections of my venerable friend, Mr. Da Ponceau,
which he has favoured me with, and which I am authorized to give to the
public in company with my own memoir.
T. I. W.

A
MEMOIR OF
\¥IIil.IA]VI RAIVLE, I,Ii. D.

The ancestors of William Rawle came from the county
of Cornwall in England.*
A manuscript found among his papers contains some ac
count of his progenitors, and some recollections of his own
times, which he appears to have written in the year 1824,
at the suggestion of Mr. Watson, the author of the Annals
of Philadelphia; but, unfortunately, the design was soon
abandoned, and a few pages of detached memoranda alone
remain. From this and other sources the facts contained
in the following memoir have been derived.
Francis Rawle, the first of the race who came to Ame
rica, arrived at Philadelphia in the ship Desire, from Ply
mouth, on the 23rd of June, 1686, accompanied by his son
Francis, and bringing with him five " servants," (so called
in a document of the time,) who, I presume, were agricul
tural labourers. He died on the 23rd of December, 1697.
Of his only son Francis, the second, I find the following
account in the M.S., of which 1 have spoken. " He was a
man of education, though I believe of moderate property.
See Appendix A.

A MEMOIR OF

He married the daughter of Robert Turner, a wealthy
linen draper from Dublin, who took up the whole lot from
Second Street to the Delaware, between Arch Street and
M'Comb's Alley. He resided on this lot, and I have seen
an old draught of it; in the centre of which, was the figure
of a house, with this description, ' Robert Turner's large
House.' Probably in these days his mansion would not be
so described. William Penn had that confidence in Robert
Turner, that he sent him from England a blank commission
for the offifee of Register General for the probate of Wills,
&c., with power, if he did not choose to exercise the oiEce
himself, to fill the blank with any other name he pleased.
The original letter from William Penn, is somewhere among
my papers. Robert Turner accepted the ofiice, and ap
pointed his son-in-law his deputy. Francis Rawle pub
lished a book which, as far as I know, was the first original
treatise on any general subject that appeared in this pro
vince. Religious and political controversy had before this
time, alone appeared from the press. The title of this work,
(I have unfortunately lost the book itself,) was, I believe,
" Ways and means for the inhabitants on the Delaware to
become rich." One day at Dr. Franklin's table at Passy,
he asked me if I had a copy of the work ; observing that it
was the first book that he had ever printed.* The greatness
of Franklin's mind did not disdain to refer to his early oc
cupations, in the presence of some men of the first rank of
that country with whom his table was crowded."
To this account of Francis Rawle it may be added, that
he was elected a member of assembly for the city of Phila
delphia, in the years 1707, 1708 and 1710, and again in 1724,
1725 and 1726. It appears from the journals, that he took
an active part in the business of the house, and was fre
quently at the head of the most important committees. He
*Sce Appendix B.

WILLIAM RAWLE.

died on the 5th of January 1727. I have before me a letter
from Thomas Chalkley, an eminent minister among the So
ciety of Friends, addressed to his son William Rawle, dated
" Frankfort J 6th of the 1st mo. 1726," in answer to a let
ter communicating the information of his father's death, in
which he bears the strongest testimony to the worth of his
friend, in the expressive simplicity of the good old English.
" The loss of so good and valuable a neighbour," he writes,
" causes our hearts to affect our eyes. I never was in his
company but I learned something instructing of him, and
was always the better for it. So that I lament my single
loss of him as well as the general one. The Almighty
Lord sanctify such a great loss to your family (1 humbly
pray) and bless you his children."
Martha, the wife of Francis Rawle, survived him eighteen
years; dying on the 18th day of July, 1745, They had a
numerous family, of whom six sons and four daughters sur
vived her.
William, the third son of Francis and Martha Rawle,
was the grand-father of our late President. He married on
the 29th of August, 1728, Margaret, daughter of Henry
Hodge of Philadelphia, merchant, who died shortly after
the birth of their only child. He was a man of parts and
education. His library was extensive for those days, espe
cially in classical literature. Many of his Greek and Latin
books were in the possession of his grandson. He died on
the 16th of December, 1741.
Francis, the only child of William Rawle, was born on
the 10th of July, 1729. He received a liberal education,
possessed a robust and active mind, and is said lo have
been a person of very attractive manners and conversation.
He was a contributor to a literary Journal of the time, as I
gather from some MSS. in my possession. 1 have also a
2

A MEMOIR OF

considerable number of Letters written by him in a very
easy and agreeable manner. In the the year 1755 he sailed
from Philadelphia for Europe, and arrived at Cork after a
short but rough passage. I have before me his MS. ac
count of the voyage, and of his tour in Ireland; all that has
been preserved I believe of his travels; from which I make
the following extract, as a specimen of his style, and on ac
count of the evidence it furnishes of the near resemblance
of Ireland in 1756 to its present condition.
" There seem to be but two degrees of people in this country
— the gentry and slaves. These rent small pieces of land ofthe
former, and pay high rents for them; from twenty shillings,
to sixty shillings per acre a year. On these they build
themselves miserable cottages or cabins of dirt and straw,
to strengthen or cement them better, without any chimney
or fire-place; a door of withes or Wickerwork serving them
for a chimney, window, and door. To build better houses
were they able, they have no encouragement; for perhaps,
if they make any considerable improvement, they are di
rectly turned off for the sake of a higher rent, brought about
by their industry and good management. Their cabins are
equally free to them and their fellow creatures the cattle,
hogs, sheep, goats, and poultry; of which, indeed, each
house has very few to its share. They walk in and out in
as familiar a manner as their masters, and seem to be no
more regarded while there than if they were the natural
occupants," &c.
Shortly after his return home, Francis Rawle was mar
ried to Rebecca, daughter of Edward Warner.
In the summer of 1767, he attended the celebrated con
ference held at Easton wilh the Indians; at the head of
whom was Tedyuscung. I have several of his letters to
his wife written during his absence, narrating the events of

WILLIAM RAWLE.

the conference, and furnishing some interesting and amusing
descriptions. The following is from a letter dated, " Easton,
July 26th, 1757."
" There are now here about two hundred and seventy or
two hundred and eighty Indians; upwards of one hundred
of whom are men, the rest women, wilh abundance of young
cubs, who seem already to share a good deal of that ferocity
which they may one day express in a greater degree under
the tutoring and excellent example of their glorious fathers,
if we do not conclude a lasting .peace with them. These
last appear dressed, painted, and set off to the best advan
tage; not to procure admiration, but to strike terror; and
their appearance only seems sufficient to frighten faint
hearted folks when they come in a hostile way. They
have, however, behaved themselves tolerably well, and seem
to stand in awe of Tedyuscbung, though he sets them but
an indifferent example sometimes. Last night his majesty
was seen staggering along the street wilh two of his nobility,
one of whom was forced to be supported by another ofthe
company who had not drank so deep; but this does not
happen often." Some days afterwards he wrote, — " Since
my last we have had one more conference, wherein the Go
vernor assured the Indians of his good disposition towards
promoting a peace, and gave a suitable answer respecting
the wounded Indian, and concluded with telling them he
was ready to hear their complaints; upon which ihey ap
pointed this day to speak. But last night has thrown back
the business sadly; his majesty with all his counsellors, war
riors &c., having got so drunk as to make a great distur
bance, and not retiring to rest till broad day; it is feared
they have disqualified themselves for negotiation. To pre
vent the like evil for the future, the commissioners have this
morning ordered the landlord not to let his majesty have
any more liquor, not even his usual allowance, until the bu-

A MEMOIR OF

siness is concluded, in order that it may be the sooner over,
and that the Indians may not hereafter complain of one
making them drunk first, and then bringing them to our own
terms, by taking that advantage of them." " Yesterday the
Indian interpreter, and one high in Tedyuschung's esteem,
being a little in liquor, declared publicly, that the Indians
would demand a tract of land on the frontiers large enough
to maintain them, which they would settle upon, and im
prove in the manner of the white people, and which they
would have made sure to them and their posterity forever,
on which they choose to have a free school, a minister,
and a truck house, kept by an honest man who would not im
pose upon them; and this land required, I suppose, is what
they think themselves cheated of," &c.
Francis Rawle died at the early age of 32, on the 7th of
June, 1761, in consequence of a wound received from the
accidental discharge of his fowling piece, while shooting on
his grounds near the city. He was carried into his own
house; and a surgical operation having been performed, he
appeared to have a fair prospect of recovery, but a lock
jaw took place and be died after a week's confinement.
William Rawle his only son, the subject of this Memoir,
was born on the 28th of April, 1759. He was, therefore,
little more than two years old at the lime of his father's
death. On a manuscript in his father's hand-writing, I find
the following endorsement by him ; "I believe that the
within was the composition of my revered father. It never
was my lot risu cognoscere pairem, I was too young to
recognize him by any thing."
He was left however, under the care of a mother, who
wilh an intellect of no common strength and cultivation
possessed every virtue that befits and adorns a christian
woman ; and whose tenderness and solicitude for her
offspring, swelled beyond the ordinary stream of maternal

WILLLAM RAWLE.

love. Subjected to early and continued trials and adver
sities ; deprived of husband and children; exiled^during the
war of the revolution, and plundered of property ; this ex
cellent woman displayed a fortitude and energy of charac
ter, which contrasted remarkably with her serene and gen
tle disposition. She survived to an advanced life; but the
progress of years and infirmities made no impression on her
warm and kindly heart. Her attachment to her children
and their descendants, was repaid by all that affection and
duty could offer. In her son, William Rawle, she found
ample solace for her cares and calamities. A more affec
tionate and devoted son never existed. His letters to her
during all periods of his life, and his private diaries give
constant proofs how deeply the sentiment of filial love was
implanted in his heart, and remind one of those better days,
in which reverence for parents was felt to be a duty next
to that which belongs to the great Father of all.
In the MS. to which I have referred, Mr. Rawle thus
speaks of an occurrence which happened when he was about
the age of six years.
" The alarm of the ' Pextang Boys ' is distinctly within
my recollection. The watchmen knocked violently at every
door. ' The Pextang Boys are coming,' was vociferated
through the street; almost every body rose, dressed them
selves and waited anxiously till daylight. Whether just be
fore or after this alarm is not recollected; but a number of these
infuriated people had advanced as far as Germantown. The
Governor sent up some of his council to treat with them,
and endeavour to pacify them. The late Mr. Chew, who
was one of the number, informed me that several gentlemen
of the Society of Friends went up at the same time, though
without any official authority. They met the principals of
the Pextang people in a large room at a tavern. The
younger part of them were about the door, and in the street

10 A MEMOIR OF
in front of the house in considerable numbers. Their con-
duct was violent and outrageous; and their manners so ter
rified the landlord that he came into the room, and besought
the Philadelphia gentlemen, when they were about returning,
to depart in a private manner through the back yard; with
which the elderly part of the rioters advised them to com
ply. ' We all adopted this advice,' said Mr. Chew, ' but
Williani Fisher, who in a decided voice ordered his horse
to be brought to the front door, mounted him with delibera
tion, and rode slowly away without any personal insult.'
' This determined gentleman,' adds Mr. Rawle, ' was the
father of James C. Fisher, Esq., of this city." '
At the period of the commencement of hostilities between
Great Britain and her colonies, Mr. Rawle was about the
age of seventeen years, and, I presume, was yet a student
at the Friends' Academy in Fourth Street, where he re
ceived his collegiate education. His immediate relations
and connexions were all adherents of the royal government.
His step-father Mr. Shoemaker, one ofthe old school of gen
tlemen, a man of extensive reading and cultivated taste, held
the office of mayor of Philadelphia during the period that
it was under the control of the British army. When it was
resolved to evacuate this city, it became necessary for Mr.
Shoemaker to retire to New York. In conformity with the
wishes of his mother, and from his own personal attachment
to Mr. Shoemaker, whom he always regarded with filial af
fection and respect, Mr. Rawle accompanied him to New
York in the month of June 1778. They were under the
necessity of proceeding by water ; and he mentions in a let
ter now before me, that they were two days and nights on
board of a small sloop on their way to Reedy Island, where
they found the fleet lying, and thirteen days on the passage
from Philadelphia to the capes ! This, which was extraor-

WILLIAM RAWLE. 11
dinary even in those days, it may be supposed be found suf
ficiently irksome. " Never," said he, in the letter alluded
to, and which was addressed to one of his sisters, "did I
listen with more attention to worn out metaphors and pro
verbs than now. I presently caught myself comparing our
situation to that of a bird in a cage, a person chained in a
dungeon, mouse-trap, matrimony, and a hundred other an
cient sayings that I now felt the propriety of. In this delay
we passed away the time in reading, writing, and sailing
about the fleet to see our friends — friends, alas ! only by
similarity of misfortune."
In New York Mr. Rawle commenced the study of the law,
under the direction of Mr. Kempe, who, I believe had held
the office of attorney general, and of whom he thus speaks
in ^one of his letters. " I have begun to read law with
Mr. Kempe — a man whom I admire more and more every
day. Understanding, learning, generosity, sensibility and
courage, distinguish him. He is the tenderest of brothers,
the most affectionate husband and father. As a lawyer,
distinguished equally for skill and integrity; as a gentleman,
remarkable for his politeness; as a friend, beloved for his
sincerity; and my heartiest wish for my own peculiar in
terest is that I may become like him." If the description
of the teacher was accurate, certainly the wish of the pupil
was realized ; for the portrait here drawn might in all its
features be taken for one of Mr. Rawle.
New York, however, in its then condition, did not afford
sufficient oppoi'tunities and inducements for the study of a
peaceful science; " There is something," he says, in another
letter, " in the air of a military government extremely disa
greeable to those who have experienced another ; though,
perhaps, this is one of the best administered. It makes
people in civil life feel interrupted in business, and cramped
in pleasures. In short, with all its advantages of strict sub-

12 A MEMOIR OF
ordination and sudden obedience, none but those who are
paid for liking it, can cheerfully endure it." .... "In the pro
fession which I have chosen, it is impossible to obtain even
a slender knowledge of essentials in the situation of things
here. This every body agrees to ; and the reason is, the
military government which prevails; in consequence of
which the still small voice of the law is seldom heard and
never attended to."
Under these circumstances, and being precluded from re
turning to his native city at that time, by the political out
lawry ofhis parents, Mr. Rawle determined to visit England,
and pursue the study of the common law at its ancient foun
tain, "The pursuit of pleasure," he remarked, in the letterfrom
which the last extract w as taken, " is the farthest thing from my
thoughts in going to England. But the pursuit of knowledge
I am ardent in. Two or three years study in the Temple, will
qualify me for the bar ; and if at the expiration of that time,
things should not be settled in America, (which, however, is
an improbable thought,) I can thenby engaging alittle in prac
tice, prevent myself from forgetting what I have already
acquired, and perhaps obtain a moderate income during the
time I should stay. This it would be impossible to do here,
where I can neither learn, nor derive advantage from what
I have learned." Having obtained the consent of his mo
ther, he embarked on the 13th of June 1781, on board one
of the vessels of a numerous British fleet, destined in the first
instance to Ireland, and arrived at Cork on the 18th of July,
after a short and agreeable passage. From Cork he pro
ceeded to Dublin, over the same road that had been travel
led by his father 25 years before. A narrative of his voy
age and tour in Ireland written for his mother, is in my
possession. The commencement exhibits a prevailing fea
ture of his character, to which I have already adverted.
" I have endeavoured," he begins, " to recollect a few cir-

WILLIAM RAWLE. 13
cumstances of my journey from Cork to Dublin last summer,
in order to obey a request of my mother's, though I am
afraid she will meet with little satisfaction in them, farther
than that they were written by one who thinks his highest
praise to be the title of an affectionate son." The journal
fills a volume of a hundred and twenty-five pages, written
in an easy colloquial style which is often more agreeable
than elaborated composition; and contains good descriptions
of external nature, and well told anecdotes of the people.
I should be glad to make some extracts from it, did I not
fear that this memoir would be enlarged beyond the usual
dimensions. Mr. Rawle arrived in London in August 1781, and im
mediately entered himself a student in the Middle Temple;
to which he was recommended by Mr. Eden, who had been
in America, as one of the commissioners in the abortive at
tempt to bring about a settlement of the dispute between
the two countries. I have before me the certificate which
he received on his admission to the Temple, and which
runs thus. "Die 17 Augusli, 1781.
Ma^. Gulielnms Raide ffilius unitus ffrancisci Rawle nu-
per de civitate Philadelphise in America mercatoris,defuncli,
admissusest in societatem MedijTempli Londini, specialiter.
£ s d
Et dat pro ffine 4 0 0
Pro ffeodo & impressionibus 6 14 6

£ 10 14 6

John Manley, Tr.

Cop. exam.
J, Horsfa.ll Sub. Thes.'
3

14 A MEMOIR OF
It appears from this document that the initiation fees into
the society, in those days, were equal to about $50 of our
money. I find also that his " rooms " cost him £30 ster
ling per annum.
It is to be regretted that Mr. Rawle's journals of his re
sidence and studies in England, have not been preserved.
Judging from what I have read of his letters and narratives
on other occasions, I have no doubt that they contained a
great deal of what would be read now with pleasure and
advantage. From his letter to his mother and sisters writ
ten during that period, I may be allowed to make a few ex
tracts, illustrative of his pursuits and opinions, or interesting
from the persons to whom they relate.
"Mankind in England," he says in one letter, "differs
very little from mankind in America, — a few external cir
cumstances may indeed, give a different colour and appear
ance to their actions for a while; but familiarized to those
circumstances, we discover that the same passions and mo
tives universally influence in the same manner. — London is
indeed, a vast collection of people; but these people are
much like those I have left behind, — virtue is honoured and
vice despised, much the same in both countries; and what
ever satirists may say to the contrary, I am convinced that
the world ever applauds virtue as it deserves. In defence
of herself, vice throws out a variety of allurements which
make but a faint and transient impression — so soon as we
recollect that they are but the allurements of vice: contrary
to Pope's lines on the subject, I am of opinion that they are
the most forcible at first sight, and that it is only in conse
quence of contemplating them seriously, that we discover
and abhor their internal deformity. — In that pursuit of hap
piness to which the mind is naturally disposed, a very lilile
reflection will induce us to leave vice behind, and to follow
the footsteps of virtue, from whom alone we may expect
those " lasting hours of waking bliss" that durable felicity

WILLIAM RAWLE. 15
with which she always rewards her votaries, and without
any common placing on the subject, I am so seriously con
vinced of this argument, that I should always lament the
first step to vice as the first step to misery."
" I was very early gratified," he says in another letter,
" with the sight ofthe king, which most strangers are desirous
of. He is tall and well made; and were it not for his white
eye-brows and gray eyes, would be a very handsome man-
He talked and laughed incessantly during the whole play
with some of the lords in waiting; contemplated every
part of the house with his opera glass, and behaved more
like a young man of abundant gaiety, than what I had al
ways conceived to be a style of royally. The queen, who
is by no means handsome, but much resembles the picture
Governor Franklin had of her at Burlington, was received
at entering the house wilh the loudest applause; she paid
her respects both in coming in, and going out, with great
affability, and behaved during the whole time with a mo
dest dignity, truly attractive. The Prince of Wales resem
bles neither his father nor mother; he has dark hair and
eyes, and looks something like Lord Cathcart: though a very
large man he is exceedingly graceful and genteel, and ap
peared infinitely more serious than his father. The play
was such as one would suppose, none but a depraved taste
would have thought of, and a vitiated age received. The
beggars opera was performed in reversed characters. The
women acting the men's parts, and the men the women's;
yet the royal family appeared perfectly pleased wilh it; and
it has been performed eighteen times with infinite applause.
When the Parliament meets, and the courts of justice are
opened, I expect to have full employment for myself. At
present having few people to visit, and unwilling to exhaust
at once that great fund of entertainment London affords,
which, if properly managed, would prove a banquet for a

16 A MEMOIR OF
year; I sit a good deal at home particularly of mornings.
I am engaged in reperusing Hume's History of England,
which Mr. Dunning warmly recommended as a prelimina
ry study lo whi<;h the utmost attention should be paid."
" The Londoners," he says in another passage, " are so ac
customed to speak of their favorite city in panegyric strains,
that I fancy to confirm their observation, one must be very
'willing to be astonished. I must confess that on my arrival,
the town fell far short of my expectations: whether it was
that the descriptions I had heard had been loo highly ex
aggerated, or that passing through Dublin, which resembles
it so nearly, had prepared my mind for populous and mag
nificent cities, it struck me wilh very little surprize. But a
farther acquaintance has opened a number of matters I
'^vas a stranger to; and the more I see, the more wonder is
excited. The difference of ranlis froni the highest affluence
and luxury, descending through a varietj'' of degrees lo the
lowest poverty and distress, is every where visible. It is
productive of that envy and desire which prompts those who
are below to ascend, and occasions an imitation of manners
sometim.es awkward, and an emulation in expense often
ruinous. It is impossible for me to say how low this desire
of rivaling their superiors descends; but I suppose each
different gradation looks up lo the one immediately above,
and treats those below il with indifference and contempt.
I have been sorry lo see those I thought superior lo preju
dices of Ibis sort, indirectly aiming at a sanction for their
sentiments, or claiming an approbation for their manner and
way of living, from their particular intimacy wilh such, and
such persons of high birth and fortune. I "hardly .know a
circle of acquaintance which has not some Apollo of this
kind, who is quoted as a pattern, or alleged as an authority
for every thing that is done. As if a middle station was
more ignorant of the pleasures and refinements oflife than

WILLIAM RAWLE. 17
a higher one, or society rendered happier by being hourly
reminded of its inferiority. The equality of ranks is what
will always render America an agreeable residence; but an
Englishman boasts of that equality, which, with a strange
capriciousness he never enjoys: while he proudly reports that
he knows no superior but the law, he humbly adopts the
manners of those who have no other claim to superiority
than the feeble advantages of birth and fortune. Yet why
should I be so earnest in seeking out their faults, when there
is so much to praise in their virtues'? They are sincere,
generous, benevolent and brave; they are liberal in their
charities, and warm in their friendship; if they are slow in
forming intimacies, they are more constant to them when
formed; if they are not so indiscriminately hospitable as in
Ireland, it is, perhaps, because they pay a proper regard
to their own satisfaction in the admission of their guests. In
Ireland, it is sufficient to be a stranger, to be hospitably en
tertained : in London when strangers, that character pro
cures relief to the distressed; but a man is laughed at, who
supposes nothing else necessary for him lo be taken notice
of. Among the list of their virtues, may be reckoned indus
try and sobriety; at least, if the last is not to be reckoned
among one of the virtues, it secures the practice of them all.
A general goodness of heart pervades even the lowest ranks
of people: and I have been surprised to see when an acci
dent happened in the streets, what numbers were collected
immediately to afford assistance. I think myself obliged to
testify, that the roughness and brutality attributed to the com
mon people, as far as I have seen, have been as much exag
gerated as the other accounts of the country; and though
1 have been three months in London, and spent a good deal
of time in the streets, I have not seen more instances of it,
than the same time would have furnished me with in Phil-

18 A MEMOIR OF
adelphia. It is true, I have not been in St. Giles nor Bil
lingsgate." " At present," he says in another letter, " there is an ab
solute dearth of political publications; and no one thing
worth sending out has been published since I have been
here: perhaps the meeting of Parliament may produce
something. The long vacation is at length over, and
Westminster Hall was yesterday opened in the usual
form. I had the first opportunity of gratifying myself
with the sight of Lord Mansfield. It is very common to
form ideas of persons figures from their characters, and
equally common to be disappointed: my expectation of ma
jestic dignity, dwindled away at the sight of a decrepit man
of seventy-eight, with no other expression in his face than
good-nature, hobbling wilh difficulty under ihe weight of a
trailing gown. But after he was seated on the bench, when
he came to deliver his sentiments on an argument between
those two celebrated orators, Dunning and Erskine, a fire
and animation tpok place in bis countenance, that did full
justice to the genius and judgment he displayed in his
speech. I have absented myself from the Hall to-day on
account of writing letters, but I shall return there to-mor
row. On Friday the Lord Mayor engrosses all the busi
ness, to see whose procession, and spend the day I have two
invitations." He did not form a very high opinion of the eloquence of
parliament. "I must confess," he says in another letter,
"that I have heard nearly as mUch eloquence and oratory
in a sixpenny place called Coachmakers' Hall, as ever I did
within the walls of St. Stephens : so true it is that eloquence
is not to be purchased by wealth, nor obtained by mere
study." Mr. Rawle's residence in England was shorter than he

WILLIAM RAWLE.

19

contemplated, when he left New York. The war in Ame
rica was drawing to a close, and he saw the necessity and
propriety of returning to Philadelphia, as his place of resi
dence and the scene of his future professional employment.
In a letter to his mother, dated on New-year's day, 1782, he
thus expresses his views. -
" When I see the numerous Americans that are to be
found in this city; many of them once lords of thousands,
now torturing themselves to subsist upon the scanty stipends
allowed them in compensation for the loss of their estates,
I must confess it fills me with compassion. Hitherto I have
in some measure, escaped the general wreck of fortunes,
that so many have undergone. At least something, though
small, remains secure; and I think myself obliged to risk it
no longer, and not to involve myself in that want, which
would throw me into an unwilling and burdensome depen
dence on my father-in-law, for whose virtues I have too
much regard to wish to add to his sufferings. I doubt not,
you will approve of my intention of returning to Philadelphia,
and submitting to that authority which is there established.
Though the step may be in some degree humiliating, yet I
have nothing to fear, as I have nothing to charge myself
with. I have in no one instance taken a decisive part on
either side; unless that voyage to New York, which was the
effect of filial duty should be urged as a crime."
" It is true that this is the most eligible place for every kind
of improvement ; but it is a melancholy farce to improve my
self for situations I should never attain to, — for even if I should
be obliged to give up the thoughts of returning to America,
I should never expect to rise in this country,— the many
hundreds of competitors that are to be met with in almost
every line, render it almost impossible for a stranger to suc
ceed, — and in the law particularly they are too numerous to
leave a shadow of hope, to one so unknown and unsupported

30 A MEMOIR OF
as I should be. Besides which, the country itself is not by
any means as agreeable to me as America once was, and
probably will be again, when the present turbulence has
subsided. The disparity of ranks is here so great and the
destructive emulation of appearance and expense in the
middle line so prevailing, that a fortune of £500 currency,
a year, is in fact, more valuable in America than treble
that sum sterling in England: I mean with respect to the
weight and influence it would give, and the happiness and
content it would afford. To return to my former situation at
New York, and continue to waste my youth in absolute use-
lessness and inactivity, would be folly in the extreme."
He was advised by Mr. Eden to apply to the British Go
vernment for a pension, as a compensation for the loss of
his paternal properly which had been confiscated; and he
was assured by many other friends that his application
would be successful; but he declined at once, and positively,
to allow any step to be taken for the purpose. " Besides,"
he said, " that the measure would tie me down in a manner
that I do not approve of, I do not think myself entitled by
any thing I have done, to ask for, and receive that allow
ance from the Government, which ought only to be ex
tended to the loyalist, who has sacrificed his fortune in
support of -his Sovereign, and who is therefore entitled on
the plainest principles of reason to a recompense for il."
Mr. Rawle left England in pursuance of his intention to
return lo Ainerica by way of France, and arrived at Ostend
on the 26th of April, 1782, whence he proceeded to Paris.
Here he stayed eight days only, " a time," he says wilh
truth, " infinitely too short to gratify curiosity in a place so
abundantly supplied with every thing wonderful in art; but
I had the pleasure of meeting or making many friends.
Dr. Franklin and his grandson are in perfect health:
they live at an elegant villa tkrec miles from Paris, and are

WILLIAM RAWLE. 2 I
exceedingly caressed, and visited by people of fashion.
Temple Franklin is a very sensible and accomplished young
man," &c. I hav.e before me the passport granted to him
by Dr. Franklin, dated the 8th of May, 1782, and sub
scribed in his well-known hand.
Mr. Rawle's journals and letters, wiiilen in France, are
equally entertaining and agreeable, with those relating lo
Ireland and England. Besides an easy and attractive style
of writing, he possessed a remarkable talent for drawing,
which enabled him to illustrate his journals wilh sketches of
scenery and figures, very naturally delineated. He was de
tained at Ostend and Boulogne a much longer time than he
expected, principally in consequence of the difficulty of ob
taining a passage in a suitable vessel. He finally left France
on the 20ih of November, and arrived in Philadelphia on
the 17th of January, 1783; having been absent from his na
tive place four years and a half.
Immediaiely upon his return, he resumed the study of the
law, and was admitted to practice in the Court of Common
Pleas, for the City and County of Philadelphia, on the 15th
day of September, 1783.
On the 13lh of November following, he was married to
Sarah Coates Burge, a lady whose virtues and accomplish
ments gladdened nearly forty years of his life; and whom
he had the misfortune to survive.
Mr. Rawle's professional career was not distinguished by
early success. Like many others, who have reached the
loftiest eminence at the bar, he found the first steps of
the journey beset with difficulties and surrounded with dis
couragements. His progress was slow, and sometimes al
most imperceptible, and he has told me more than once, that
such were the obstacles he met wilh, and so strong his
fears of being unable to derive enough from his profession to
support his family, that he had determined at one time to
4

22 A MEMOIR OF
abandon it, and retire into the country to an agricultural
life, to which he was always warmly attached. He was
induced to persevere however; and by employing his hours
of leisure, which were numerous, in study, and by careful at
tention to, as well as attendance upon the practice of the
Courts, he' was enabled to lay that solid foundation, without
which, all professional success must be insecure and ephe
meral. Il was not, however, until len tedious years had
gone by, that he felt himself rooted in his position, and as
sured of success.
He was not slow, however, in acquiring the confidence
and regard of his fellow citizens. On the 25th of July, 1786,
he was elected a member of the American Philosophical
Society; and at the general election in October, 1789, he
was chosen a member of the assembly for the City of Phi
ladelphia. This was his first and last appearance on the
stage of political life. Although repeatedly urged at subse
quent periods to accept of public appointments, and to take
part in political operations, he uniformly and steadily de
clined. Neither his tastes, nor his views of duly, led him into
the arena of parly warfare. Content with the distinctions
of professional life, and holding wilh the great masters of
his science, that there can be no divided worship, he was
willing to leave to others whose leisure or temperament
adapted them to it, the anxious struggle for party triumphs.
Not that his opinions were doubtful or unsettled, or that he
looked with indifference upon public questions. The cir
cumstances by which Mr. Rawle's early life and charac
ter were influenced, or coloured, have already been adverted
to. A deep and abiding sense of filial duty, estranged him
for a lime, from the government of bis native country; but
when he was enabled consistently with that (lo him) para
mount sentiment, to return and take his place as a member
of the new community, he became with sincerity and earn-

WILLIAM RAWLE. 23
estness, in heart as well as in fact, a republican citizen. He
gave in his-adhesion (to use a modern phrase) to the exist
ing government, from a sincere opinion of its superiority
over those founded upon the monarchical principle; an opi
nion derived from a thorough and careful examination
of the subject, as the writings which he has left behind
him exhibit. In the introduction to his view of the Consti
tution of the United States, he remarks that " the history of
man does not present a more illustrious monument of hu
man invention, sound political principles, and judicious com
binations, than the Constitution of the United Stales." To
the principles of that class of public men, by whom this
admirable instrument was mainly established, and under
whose government it was administered for twelve years, he
was firmly though not blindly attached. Holding gene
rally the same doctrines, though not approving, as I have
reason to believe, of some of the later measures of their po
litical life, he declined the character and pursuits of a parly-
man. The only public office which he ever held, was that
of Attorney of the United Stales, for the District of Pennsyl
vania, which was conferred upon him without solicitation,
and voluntarily resigned by him. The commission, dated
the 18th day of July, 1791, and signed wilh the venerated
name of him who never conferred an office from an un
worthy motive, is now before me. The appointment was
made on that day to supply a vacancy, and was confirmed
by the Senate on the 7lh of November following. He re-
sit^ned the office on the 6th of May, 1800, in the admistra
tion of Mr. John Adams. During the period in which Mr.
Rawle held the post of District Attorney, the Commonwealth
of Pennsylvania was disgraced by two insurrections against
the authority of the General Government; both of them as
vulgar and sordid in their motives, as they were weak and
disjointed in -their operations. By direction of the President,

24

A MEMOIR or

he accompanied the District Judge, and the military on the
Western Expedition in 1794; and it became his duty to pro
secute the offenders after the insurrections in that year, and
in 1798, had been put down. In one instance, (the case of
Fries,) the prisoner was capitally convicted: a new trial was
granted on account of some informality in the proceedings:
he was again convicted and sentenced to death, but after
wards pardoned. Mr. Rawle was also called upon lo prose
cute for othgr political offences. In the performance of these
painful duties, I believe that he lost none of the respect of
his fellow citizens of any political denomination. Firm in
the execution of his office, he was, as I have had reason to
know from his papers, far from making any unbecoming sa
crifice of opinion to those from whom he derived it; and his
deportment to those against, whom he was required to ap
pear, was always characterized by mildness and forbearance.

In the M.S. to which I have before referred, there are
some recollections of the latter part of the ISth century,
which may not be improperly introduced here.
" Anthony Benezet honoured me with his friendship : he
sometimes brought his MSS. to read them to me. One day
he jocosely observed, ' Moliere had his old woman to whom
he used to read his works ; and thou, though a young man,
shall be my old woman.' He was treated with great re
spect by his countrymen here. I once, had some business
to do with the French minister, the Chevalier de la Luzerne,
and Anthony Benezet was good enough to accompany me
to his house. The minister was a man of much state in his
manners, but I was delighted to see how kindly and respect
fully he received the good Benezet. He made him sit
down in his own seal, and look a plain one by bis side.
' Vous eles le pere de tons,' he said, as he pressed him into

WILLIAM RAWLE. 25
his splendid arm-chair. Benezet was not a taciturn man :
his conversation was always tinctured by philanthropy of
the highest order. The situation of the negro race was,
as may be supposed, his most frequent theme. His person
was small, his countenance plain ; but in conversation much
animated. He commonly wore a suit of cotton velvet of a
dark olive colour."
" Dr. Franklin towards the close of his life, formed a so
ciety to meet at his house once a week. Its appellation was
' The Society for Political Inquiries ' — but general politics
only were intended to be the subject of discussion — Gene
ral Washington was one of the members; Robert Morris,
Gouverneur Morris, Dr. Rush, George Clymer, Mr. Bing
ham, Mr. Wilson, Mr. Bradford, Robert Hare (an accom
plished classical scholar,) and others to the number of 42
belonged to it. Thomas Paine (not then a wretched apos
tate,) was also a member. Questions for consideration
were sometimes proposed at a previous meeting — sometimes
suggested on the same evening, — chiefly by our venerable
president. There was no formality of discussion. Dr. Rush,
who had great powers of conversation, commonly took the
lead. Gouverneur Morris was intelligent, sarcastic and ab
rupt. Dr. Frankhn though very attentive, said but little af
ter the subject was broached. Paine never opened his
mouth; but he furnished one of the few essays which the
members of the society were expected to produce. It was
a well written dissertation on the inexpediency of incorpo
rating towns. We used to assemble in the Doctor's library,
at the house he then inhabited, standing back from Market
Street, between 3d and 4th streets. It has since been taken
down, and a street now passes over its site. His collection
of books was extensive, principally however, in the French
and English languages. They were not in general, expen
sively bound. The -outside of a book was evidently not re-

26

A MEMOIR OF

garded by him. The society terminated at his decease. Its
minutes are now in my possession, and are. intended to be
deposited in the Philadelphia Library."

Although resolved from the outset to devote himself to
his profession and to allow no other employment to disturb
his attention to it, a determination to which he strictly ad
hered during his continuance at the bar, Mr. Rawle yet
readily lent his services and means to purposes of public
good, and was always ready to unite in all reasonable
schemes for the advancement of science, letters and taste.
He was a member of most of the public institutions of his
time, and to some contributed a valuable aid. I have al
ready mentioned that ho became a member of the Ameri
can Philosophical Society, three years after his return from
Europe. In 1789, be became a contributor to the Pennsyl
vania Hospital; and in 1791, a member of the society for the
establishment and support of Sunday Schools; and in the
following year he joined the society, instituted (according
to its title,) " for the purpose of promoting the aboUtion of
slavery, for the relief of free negroes unlawfully held in bon
dage, and for improving the condition of the African race,"
of which society he was chosen president in the year 1818, on
the death of Dr. Wistar. It is proper here to remark, that Mr.
Rawle's opinions and views on the subject of the abolition bf
Negro Slavery, ought by no means, to be confounded wilh
those wild and absurd schemes which are prevalent in some
quarters at this time, and furnish another evidence of the exag
gerated philanthropy and extreme tendencies of the present-
age. He had too much of that old English endowment,
called ^Common sense,' but which every day seems to ren
der less common, to suppose that emancipation was likely
to be brought about by denunciation and abuse, or that it

WILLIAM RAAVLE. 27
can ever be effected with safety to either race, except by
the gradual progress of opinion in the communities in which
it exists; and he knew too well the character and value of
the constitutional provisions on the subject of slave, labour,
to countenance any interference with the established rights
of the masters. In his view of the Constitution of the
United States, he treats in the same paragraph of the sepa
rate provisions in that instrument for the restoration of fu
gitives from justice and fugitives from service. " The
states," he adds, " are considered as a common family,
whose harmony would be endangered, if they were to pro
tect and detain such fugitives, when demanded in one case
by the executive authority of the stale, or pursued in the
other by the persons claiming an interest in their service."
In 1795, Mr. Rawle was elected one of the Trustees of
the University of Pennsylvania; an office which he held
until his death, and to the duties of which he applied him
self during the period of forty years, with zeal and punc
tuality. In the year 1805, he became a member of the Agricul
tural Society, and of the Humane Society; and took an ac
tive part in the establishment of the Academy of the Fine
Arts; at the opening of which Institution, two years after
wards, at the request of the directors, he delivered a public
address, in which he earnestly vindicated the claims of
painting and sculpture, to the encouragement and support of
a republican community.
In 1807, he was elected an honorary member of the Lin-
nsean Society of Philadelphia, an association which I be
lieve is not now in existence.
In 1819, at the request ofthe officers of the Philadelphia
Society for promoting Agriculture, he delivered the annual
public address before that body. In this discourse which
was published by order of the Society, he discussed the

28 A MEMOIR or
subject of emigration to this country, in reference princi
pally, to its effects upon agriculture, and thence to the ge
neral interests of the community; and indicated some of
the duties of the government towards emigrants, and of
the latter towards the community into which they are re
ceived. In 1822, Mr. Rawle was chosen a director of the Library
Company of Philadelphia, an office which he had held some
years previously; but he resigned the situation again, after
only a few months continuance in it.
In the same year, on the decease of tho venerable Jared
Ingersoll, Mr. Rawle was unanimously chosen to succeed
him in the office of Chancellor of the Society of Associated
Members of the Bar. Shortly after his appointment, he de
livered an address before the society, which was published
at their request. In this discourse he reviewed the early
Constitution and Laws of Pennsylvania, particularly " the
Great Law," as it was called ; treated of the equity jurispru
dence of Pennsylvania, and the method of administering it;
and suggested the expediency of granting additional powers
to the courts to do justice, according to the mode of pro
ceeding in chancery. " It is time," he concludes, " lo re
duce the uncertain corruscations of Pennsylvania equity, to
the safe and steady light of Chancery. Some may, per
haps, dread the danger of innovation on a practice, which
has continued for near a century and a half. Others may
think that error can receive no sanction from lime, and that
while the genius of our countrymen, has, at least since the
commencement of the revolution, been so active in almost
every sort of political reformation, we ought not to decline
the performance of a duty because of its toil, nor the im
provement of a system on account of its antiquity."
At the next annual meeting of the society, he delivered a
second discourse, which also has been published. The sub-

WILLIAM RAWLE. 29
jects of this address are the character of the bar and the
method of practice. After adverting to the general com
plaint of the laws' delay, he inquires into " the influence of
our peculiar modes of practice, on the promotion of profes
sional knowledge, the formation of professional character,
and the progress of forensic proceedings." The difference
between the subdivision of labour in England and the uni
versality of our practice is, in course, adverted to. " Wilh
us," he says, " the term lawyer means s. genus not a species.
Liable to be called^ on in every branch of business connect
ed with the profession, it is necessary that the American
lawyer should be qualified for all: he is not merely a chan
cery lawyer, nor a civilian, nor a special pleader, nor a nisi
prius lawyer. He forms a living, and a daily refutation of
the opinion, that the sci'ence is too comprehensive to be all
undertaken by one man."
He then proceeds to give some interesting recollections
ofthe worthies ofthe olden lime,^ — of Mr.Chew, Mr. Wilson,
Mr. Sergeant, Mr. Lewis, Mr. Ingersoll, Mr. Edward Biddle
and Mr. George Ross; and discusses the question of the cause
of the slow progress made in our judicial proceedings. " I
incline to think," he says, " that it is to be found, in the
length, or rather, the manner of our speeches. On the trial of
issues in fact, the examination of witnesses does not gene
rally consume more time with us than in England. Indeed
their cross-examinations are commonly more dilated than
ours. But speeches of the great length to vvhich we are ac
customed, are there unknown. An hour is deemed a large
space of time for an address to a jury. The same mode
ration is carried into the discussion of arguments in banc.
Nine eminent counsel were engaged in the celebrated case
of Lindoagainstliodney, which I had the pleasure of hearing.
It occupied but two mornings. With us it would probably
have employed as many weeks. The great cause of delay
5

30 A MEMOIR OF
with us is the introduction of books, reading entire cases
and discussing every case that is read ; a practice entirely
unknown there." Then on the question how may this
evil, which certainly has not diminished since the date of
his discourse, be corrected; — he tells us that in Athens the
duration ofa speech was regulated bythe clepsudra, (or hour
glass) under the direction of the court, and that from some
of the epistles of Pliny it may be inferred, that after the
reign of the emperors commenced, the Athenian practice
was occasionally adopted at Rome. He concludes, how
ever, that such a power could not safely be lodged in the
bench here, consistently with our ideas of ''Virtue, Liberty,
and Independence," and that after all, the best hour-glass
is public opinion.
About the period of these addresses, Mr. Rawle was
twice offered by Governor Hiester the situation of Pre
siding Judge of the District Court of the city and county
of Philadelphia. Iri bolh instances he respectfully declined
the office. Not that he was averse to a judicial station, for
which his intellect, acquirements, and temperament, well
adapted him; but at that time, 1 believe, his practice yielded him
considerably more than the compensation allowed to a judge
by our ingenious system; and he considered himself under an
obligation of duty, to persevere in the toilsome and arduous
occupation from which he had hoped long before to have
been permitted to retire. Domestic circumstances, how
ever, into which it is not requisite for me to enter, made
it necessary for him to continue his professional labours,
far beyond the period at which they are usually sus
pended, and prevented his acceptance of an office, which
there is every reason to think, he would have filled in a
manner worthy of its importance and dignity.
In 1825, Mr. Rawle published his " View ofthe Constitu
tion of the United States." This is a plain practical and

WILLIAM RAWLE. dl
intelligent description, and explanation of the theory and
operation of our political system. The introduction con
tains an historical account of the Colonial Governments of
the several states, and of the federative system under which
these states were nominally held together, for general pur
poses previously to the year 1787. The author then pro
ceeds to consider the several branches of the government
of the United States, legislative, executive, and judicial;
specifying the several provisions of the constitution in re
gard to each; explaining their import and bearing; and ap
plying to them the various decisions that have taken place
in the Supreme Court and other tribunals. Mr. Rawle's ge
neral views on political subjects, led him to concur in the
construction which has been given to the powers of tho
Federal Government, by the Supreme Court; but he has not
adopted those opinions blindly, and in some instances has
expressed his dissent from the judgments of that court.
The volume concludes with a chapter on the blessings and
benefits of the union, and of that invaluable constitution by
which those blessings and benefits are secured, and it is to
be hoped perpetuated : and the author finishes his work wilh
a quotation from the farewell address of that illustrious
man, " whose character," he remarks, " stamps inestimable
value on all that he has uttered, and whose exhortations on
this subject, springing from the purest patriotism, and the
soundest wisdom, ought never lo be forgotten or neglected."
The opinion entertained by the public ofthe value ofthis
treatise, is shown by the circumstance of its having gone
through three editions, and having been adopted as a
text book of instruction in several of our literary insti
tutions. In the month of June, ofthe same year, (1825,) the Histo
rical Society was established. Mr. Rawle look an active
part in its formation, and was unanimously chosen presi-

32 A MEMOIR OF
dent; an office which he held, with I am sure, the equally un
animous respect and affection ofthe members, until his death.
On the 5lh of November following his election, he delivered
an inaugural discourse before the members of the Soci-
ety, which forms the first article of the transactions, and
serves as a suitable introduction to the many valuable com
munications which have been published.
In this discourse, after explaining the objects of the so
ciety, and the method in which they proposed to accom
plish them, Mr. Rawle, as an illustration of the import
ance of historical inquiries, reviewed certain theories on the
subject of the origin of the Indians of this Continent, and
discussed the question of the right of the European race to
dispossess them, with great force of argument, and with his
characteristic kindliness of disposition and christian temper.
In conclusion, he expressed a hope, that the Historical
Society, would not like too many others, be character
ized by " vivacity of inception, apathy of progress, and
premature decay." " The treasury of literature," he
adds, "is grateful for the widow's mite. Let all contri
bute what they can, and they will contribute what they
ought: let no opportunity be lost in throwing into the com
mon stock, not only what may be collected of times that are
past, but whatever may be of interest in relation to time
that is present."
Mr. Rawle did not confine himself to a preliminary ef
fort. He took an active part in the business of the institu
tion, and a warm interest in its success; and he punctu
ally attended the meetings of the council until disabled by
bodily infirmity.
In February, 1826, he made a communication to the so
ciety, touching the valedictory address of President Wash
ington; which was referred to a committee, consisting of
himself, Mr. Morgan, and Mr. Ingersoll. Those gentlemen,

WILLIAM RAWLE. 33
it is known addressed letters to several distinguished friends
of Washington, who yet survived; and obtained from them
information exceedingly interesting in a literary point of
view ; but far more important from the conclusive proof it
afforded, that the farewell address was throughout written by
the venerable patriot, whose signature is affixed to it. About
the same time, Mr. Rawle communicated to the society, a
" Vindication of the Rev. Mr. Heckewelder's History of the
Indian Nations." He also furnished a " Biographical Sketch
of Sir William Keith," one of the Governors of the Province
of Pennsylvania; though his name is not given to this arti
cle: and " A sketch of the Life of Thomas Mifflin," the first
Governor of Pennsylvania after the revolution. These, I
believe, are all his contributions to the stock of the society;
and they certainly, prove not merely his regard lo his duties
as a member, but the activity of his mind, and the variety
of his knowledge.
The opinion entertained by a distinguished literary insti
tution ofhis learning and worth,- was manifested by the de
gree of LL. D., conferred upon him in September, 1827, by
the College of New Jersey. The distinction is believed, to
have been entirely spontaneous on their part, and was cer
tainly unexpected by him.
In the year 1830, Mr. Rawle was appointed by Gover
nor Wolf, one of the three commissioners, whose duty it
was to " to revise, collate, and digest all such public acts
and statutes of the civil code of this State, and all such
British statutes in force in this State as are general, and per
manent in their nature," and to consider, and report, what
alteration and improvements were required therein. Mr.
Rawle was the first named in the commission, and his ap
pointment was universally approved. He brought to the
important and difficult task, which at the age of seventy, he
thus undertook, an ample stock of legal and general know-

34 A MEMOIR OF
ledge, great personal experience of the operation and prac
tice of the laws, and withal an activity of mind, and earnest
ness of purpose, which are seldom displayed at that time of
life. During the four years of employment under this com
mission, his colleagues found him always ready for busi
ness, always prepared with his quota of work, always prompt
in communicating his abundant knowledge, and equally dis
posed to receive the suggestions of others, and remarkably
free from prejudice or tenacity of opinion; and they have the
satisfaction of reflecting, that although in the course of their
arduous labours they occasionally differed from him in views
of subordinate matters; yet, that in all important questions,
their conclusions were as unanimous as their intercourse
was harmonious.
Mr. Rawle joined in all the reports made by the com
missioners to the Legislature, excepting the last; which was
prepared and transmitted in March 1836, a few weeks only
before his decease.
In the year 1830, Mr. Rawle presided at a town meeting
held in consequence of the then recent revolution in France,
and was placed at the head of a committee appointed to
convey the resolutions adopted by the meeting, to General
La Fayette. I have before me a copy of the letter, in the
hand writing of Mr. Rawle, addressed to General La Fay
ette, and the original of the answer in the hand writing of
that eminent person.
In 1831, Mr. Rawle received an unexpected and gratify
ing evidence of the affection and respect, with which he was
regarded by his professional associates. At a meeting of the
members of the Bar of Philadelphia, held on the 20th of De
cember, it was unanimously resolved, that they were " desirous
to express their respect and regard for their venerable associ
ate, and to preserve a likeness of one who has contributed to

WILLIAM RAWLE. 35
do honour to his profession;" and they accordingly solicited
him to sit for his portrait, to be painted at their expense, and
to be placed in the room of the Law Library. The request
was complied with: a very striking likeness was produced
by Mr. Inman, and now occupies its destined position along
side of the portrait of Chief Justice Marshall, painted at the
request of the same bar, and. not far from that of his old
friend William Lewis; whose very striking portrait painted
by Stewart, was within a few years, found among the lum
ber ofan auctioneer's store-room, and presented to the Bar
by Mr. Head.
Shortly after this, Mr. Rawle delivered by request, an ad
dress before the Law Academy. The subjects which he chose
were the importance of adequate preparation of knowledge
for the study of the law; which he explained and enforced
with great earnestness and emphasis. In concluding this
discourse, he paid a merited tribute to the eminent and dis.
tinguished individual who presides over the Philosophical
Society, and who now so worthily fills the situation which he
at that time held, of President ofthis Society. " It is almost
half a century," he said, " since the commencement of an
acquaintance, and the formation of a friendship with your
learned and amiable Provost, who after fighting the battles
of his adopted country, immediately turned his attention to
the study of her laws. Neither the variety of his literary
pursuits and accomplishments, nor the pressure of age, have
interrupted the countinuance of his devotion to this exact
and interesting science. May you, my young friends, imi
tate his example. May you all be convinced, that those
who unlike him, relinquish the improvement of the mind be
fore its faculties have failed, will find in the torpor of age
neither dignity nor happiness."
In 1831, at the request of the Philosophical Society, Mr.
Rawle prepared a short biographical account of his early

36 A MEMOIR OF
friend, Zaccheus CoUins, who had died a short time previ
ously. This memoir was, I believe, the last of his merely
literary compositions. His time during this, and the two
succeeding years, was mainly employed in the revision of
the laws; and he had little leisure, if he had ihe desire, to
appear again as an author.
His constitution too began to give way. For sixty years
he enjoyed almost uninterrupted health. About ten years
before his death, he was attacked by a distressing com
plaint, which required all the skill ofhis eminent physicians
to subdue; and to prevent the recurrence of which, he was
kept under a rigid and particular diet; abstaining almost al
together from vegetable food.
During the year 1835, his bodily infirmities increased ra
pidly, and he was seldom able to leave his house; but his
mental vigor and activity were unabated. He read a great
deal; and few men have found greater enjoyment in books,
or more -fully verified and realized Cicero's description of
them. Literature was in truth the delight and ornament of
his yotith, the relaxation of his manhood, and the solace and
comfort of his declining years. He was, during a great
part of his life, unfortunately subject to inflammation
of his eyes, which disabled him from reading at times,
and especially at night; but he was never without those,
who were happy to be the means of imparting gratification
to him, and whose filial piety, doubtless finds in the recol
lections of duty well performed, some alleviation ofthe loss
they have experienced.
After a confinement of severals weeks to his sofa, or bed,
during which the decay of nature was gradually taking
place, not unaccompanied with painful and distressing ail
ments, which he endured with great fortitude and compo
sure, our venerable friend and associate departed this life on
the 12th day of April, 1836.

WILLIAM RAWLE. 37

In the preceding pages I have endeavoured to comply with
the request of the society, by submitting to them a memoir of
the life of their deceased President. I have not written his
Eulogy. Neither their wishes, nor my disposition tend that
way. The language of overstrained praise, would be un
suitable to the simplicity of his character.
It is proper, however, before closing this paper, that I
should mention some of the principal features of a character,
which, in childhood, I learned to regard with a respect and
affection, which the almost daily intercourse of after life in
no wise lessened.
Mr. Rawle was an accomplished jurist, a good scholar,
and a person of great taste and great general acquirements.
His reading in early life had been extensive; and he brought
to his professional studies a discriminating and healthy mind,
which enabled him to make the best use of what he read.
His learning was not confined to the Jurisprudence of Eng
land and America, but extended much deeper into that of
the ancient and modern law of the continent of Europe
than was usual in the last century. His professional busi
ness for the twenty years between about 1793 and 1813,
was very great, and his income large. His name appears
in most of the important causes of that period, and his argu
ments always commanded the attention and respect of the
court. His address to a jury was simple in diction, al
ways free from unnecessary ornament, but earnest and im
pressive. I have already said that his deportment was con
ciliating to bis adversaries; and I believe that it may be said
with truth, that he never made an enemy at the bar.
His classical knowledge was more extensive and acou-
6

38 A MEMOIR OF
rate than that of most men in this country, not scholars by
profession. He read a great deal, and to a late period of
his life, in the Roman authors. Many of his editions be
longed to his grand-father, William Rawle. With the Greek
writers, he was not so familiar; though he made the Greek
Testament a frequent study. He was fond of poetry; and
at one period of his, life, wrote a great deal of it and very
agreeably ; but, I believe, few of his verses are left. I have
mentioned in another place, that he drew and painted well.
I have seen sketches ofhis, that would do credit to artists of
reputation. These, however, were the mere ornaments or externals of
a character, the fabric or substance of which was great moral
worth, founded upon and sustained by reUgion. Mr. Rawle
was at all periods of his life a devout man. He had thought,
read, and written, much on the subject of religion. I have
perused many MS. volumes, written by him on the evi
dences, doctrines, and working of our Christian faith; and
have found reason to admire the extent of his research, the
wisdom of his remarks, and the gentle and Catholic spirit
by which they were dictated. He was a sincere believer
in the fundamental doctrines of the Christian religion. He
admired its beautiful morality, and was deeply sensible of
its adaptation to the wants of society. In the latest years of
his life,' religion occupied a large portion of his thoughts.
As the shadows of evening gathered round him, he seemed
desirous to close the shutters upon all mere human specula
tion, and enlightened and warmed by the faith of the Gospel,
to commune with his own heart, ?ind prepare himself for the
great event that was drawing nigh. This is not the time
for the publication of any of his devotional writings or spe
culative opinions. Hereafter possibly they may see the
light. I will only add, that by birth, a member of the So
ciety of Friends, Mr. Rawle never ceased to entertain the

WILLIAM RAWLE. 39
highest respect for that excellent body, and generally at
tended their place of worship when his health permitted, al
though he differed from them in some points of opinion,
respecting language and attire. Mr. Rawle's religion as I
have intimated, was not an abstract or inanimate specula
tion. It governed and influenced his whole life. It controlled
and tempered him during many years of prosperity, and sus
tained and comforted him in later days of distress, and mis
fortune. With qualities of mind and heart, such as I have men
tioned, Mr. Rawle passed a life of seventy-six years, without
stain or reproach. Popularity, perhaps, in the prevailing ac
ceptation of the word, he did not seek to possess. That
"habitation giddy and unsure" which in the words of the
poet, he hath <' who buildeth on the vulgar heart," it was
not his ambition to possess. He sought and acquired that
enduring reputation which is founded on the good opinion
of the wise and virtuous of this world ; and may we not
hope that at the close of that venerable life
" the Eternal Master found
The talents lent him weU employed."

A P P E ]\ » 1 X.

A.

In Lyson's Magna Britannia, vol. iii., p. 113, I find the fol
lowing account of the family of Rawle among other gentry resident
in Cornwall.
" Rawle, of Hennet in St. Julliot, settled at that place as early
as the reign of Edward IV. Their representative, and the pre
sent proprietor, William Rawle, Esq., resides at Liskeard," and
afterwards —
" The manor of Tresparret in this parish (St. Julliot) belongs to
Wm. Rawle, Esq., in whose family it has been for many genera
tions. Mr. Rawle has also the manor of Tremorell, or Tremor-
veil, which belonged to the baronial family of Bottreaux. Hen-
net, formerly a seat of the Rawles, is now a farm house," &c.
—p. 152.
" The manor of Tregartha, which had been purchased of the
Eriseys, by Trelawney, before the year 1620, is now the property
of Francis Eawle, Esq." — p. 224.
In Besse's account ofthe sufferings of the Quakers, vol. i., p.
163; is a list of persons confined in the High Jail of Devonshire, for
opposition to the established Church, and supporting the tenets
of the Quakers: among whom were Francis Eawle, and Francis
Bawle, Jr. This was in 1685.
I am indebted to Joshua Francis Fisher, Esq., for these ex
tracts.

APPENPIX. 41

B.

This Book or rather pamphlet, remarkable as the first original
essay, pubUshed in Pennsylvania, and the first work printed by
Franklin, is in the valuable collection called, the Loganian Library;
and I suppose, that this is the only copy extant. The title is as
foUows: " Ways and Means for the Inhabitants of Delaware to be
come rich: wherein the several growths and products of these coun
tries are demonstrated to be a sufficient fund for a flourishing trade.
Humbly submitted to the Legislative authority of these Colonies.
Nemo seipsum natus est. Printed and sold by S. Keimer in Phil
adelphia. MDCCXXV." (65 pages, 12mo.)
From the introduction it appears, that the trade and commerce
of the provinces on the Delaware, were at the time at a very low
ebb; the low price of grain, and the want of a suitable currency, —
gold and silver being the only circulating medium, and that almost
totally exhausted; having involved the community in difficulties and
embarrassments. The author avers that he was " sorrowfully af
fected" when he considered that the province, " which was set
tled with a sober, religious, and industrious people, who were of
no mean circumstances in their native country, should be so soon
reduced to so low a condition." And " I cannot doubt," he adds,
" but every honest man finds a secret joy in contributing any thing
to the happiness of his country, either in respect of wealth, good
laws or liberty, as knowing he is not born for himself." He then
proceeds to consider what " the true riches of a country consist
in," and argues first, " negatively," that they do not arise from
1. Extent of country or soil.
2. Population simply.
3. Fertility of soil, and consequently,
4. Abundance of country produce.
5. Nor in paper money.
He proceeds to sustain this position, by examples from the his
tory of Spain, and other nations; and then Undertakes to show that
" the riches of any country may be said to consist in an even ba-

42 APPENDIX.
lance in its favour, in all trade it is engaged in, with the several
countries it trades withal."
This theory is developed in a discussion of some length, in
which the trade with Europe and the West Indies is considered;
and the author proceeds to show how the balance of trade may be
brought in favour of the province, which he thinks is to be ef
fected by a proper encouragement of the products of the province,
by manufacturing and exporting them. The various productions of
the province are enumerated, and remarked upon.
1. Wheat — Which he says, is " the chief staple of our trade,"
and which, he thinks, ought to be manufactured into flour before it
is exported, on account of the employment it thereby gives to in
dustry, and the higher value of the article. To increase the culti
vation of wheat, he proposed that a bounty of*
per bushel, be paid for all the wheat which shall be exported to
the Continent of Europe. " The bounty to be raised by a land
tax, or a duty on rum, or as the Honourable Assembly may think
fit." He adds a caution, however, " that it be not given to any
New England vessels trading here; for we not being so well situated
for trade, lying so far up a river, they wiU fetch in wheat, manu
facture it, and send it to the West Indies, continue the glut of that
market, and under sell us, which will frustrate the good end hereby
intended." 2. Barley — The culfivation of which, he thinks, wiU have the
additional advantage of superceding the use of distilled spirits or
foreign liquors.
3. Oats.
4. " Tobacco has been formerly planted in this colony, and con
siderable quantities made; but the price of late years have been so
low, the planting has been discontinued, to the loss of the planter;
and greater disadvantage of the merchant, by want of that commodity
to make return to Britain."
5. " Hemp is another artificial product of this river, the raising
whereof ought to be encouraged by a bounty." He recommends
the culture of Hemp, for the purpose of supplying the British Navy
» Blanlt in the original.

APPENDIX. 43
with cordage, and urges a bounty, from the low price of the labour
of the Serfs of Russia, with which our American labour would come
in competition.
6. Max — Which he thinks ought to be raised and manufactured,
so as to supercede the India calicoes.
7. " Paper — Another manufacture, is what we are fallen into
of late years, and in time may be improved equal to Dutch or
French paper."
8. Linseed Oil.
9. Distillery is " another art or mystery we are capable of,"
though he considers the abuse of it as " very prejudicial to human
nature." 10. " Rice is another species of grain this country is capable
of; which grows and thrives very well here on new land, with no
other tillage than what Barley requires, and is sown after the
same manner; which is easier and with less tending than in Ca
rolina." He then mentions other products of Pennsylvania, which are
spontaneously produced, viz.:
1. Timber.
3. Copper — " Which," he says, " we have a doubtful prospect
of." 3. Iron — " Of which," he says, " from experiments made we
have great plenty, and very good both for shipwork and husban
dry.'' He quotes a passage from "the judicious Locke," re
specting the value of Iron, and suggests the expediency of building
ships for the English, and supplying them with naval stores.
4. " Limestone we have in great plenty, also Slate and Mar
ble." 5. Isinglass — " Which may suit for window lights," &c.
" Here is also Cotton Stone, of which Handkerchiefs, Gloves
or Purses may be knit, and when foul are cleansed in the fire;
which Uke gold it endures without any change."
The author then returns to the subject of Paper Money, which
he argues to be necessary to supply the want of cash, of which the
course of trade had drained the province. He argues, however,
that due care ought to be taken to preserve the value of the paper

44 APPENDIX.
currency, by restricting the amount of the issues. The rise of ex
change, which he says, has been erroneously attributed to the pa
per currency, was really occasioned by " the exceeding scarcity
of gold." He adds, that he has omitted Horses among the pro
ducts of the province, that ought be exported, and suggests the im
provement of the breed: proposes the establishment of an Insu
rance Office, to insure Merchants against Maritime Losses, which
he says, is the practice in England: suggests that it be established
by the Legislature, and supported by a fund arising out of the in
terest of the Loan Office; and concludes with a summary of his
suggestions, recommending that the articles of export be " well
saved, well packed, sound, and merchantable;" " this," he adds,
" will tend to their honour and interest."

Philadelphia, 3d June, 1837.
Thomas I. Wharton, Esq.
My Dear Sir,
I sit down wilh pleasure to comply with
your request, by committing to writing my recollections of
our lamented friend, William Rawle, during an acquaintance
of more than fifty years. Unfortunately, I cannot add much
to what you have related in your interesting Biographical
Notice, presented to the Historical Society of Pennsylvania,
which is to be published in the forthcoming volume of their
Memoirs. During the greatest part, I may say, almost the
whole time of our acquaintance, Mr. Rawle and I were en
gaged in a laborious profession, which affords little leisure
for social intercourse; and though our Hterary tastes were in
most things similar, such was the nature and urgency of
our daily occupations, that we were seldom allowed to in
dulge our inclination, to wander into more flowery paths;
for the law, as you well know is a jealous mistress, and re
quires undivided attentions from her votaries. The life of
a lawyer in the full practice of his profession, offers very
little but the dull and dismal round of attendance upon
courts, hard studies at night, and in the day fatiguing ex
ertions, which however brilliant, are confined to a narrow
theatre, and leave nothing behind but a blaze of reputation,
7

46

a MEMOIR OF

and the echo of a name. Had Mr. Rawle had leisure to
pursue the scientific labours, which he so successfully began,
in his view of the Constitution of the United States; a full
length picture of his mind would have been found in the
various works, which his genius and immense fund of
knowledge enabled him to produce. An author's life, it is saiid,
is found in his works; but where is the life of an eminent
lawyer or physician, whose days and nights have been de
voted to the exercise of their professions. The names of
Lewis and of Kuhn, are dear to their contemporaries; but
the next generation will probably forget them 1 It will not
be so, however, with William Rawle; though he has left
little behind him, that little is of such sterling weight, and
Value, as will transmit his name with honour to posterity.
You will now easily understand, why I can add but little
to the stock of information which you have coUected, of the
life of our excellent friend. A few occasional anecdotes, are
all that I can contribute, as they occur to my memory.
After the first pangs of separation, such recollections are
pleasing to the mind. 1 dwell upon them with pleasure,
while I commit them to paper, and leave it to you to make
such use of them as you will think proper.
Mr. Rawle could not boast of an Anglo-Saxon descent.
His origin must be traced to the conquerors of the Anglo-
Saxons, — the Normans. His name is evidently (with a Ut
tle variation in the orthography,) the same as that of Raoul,
the first Duke of Normandy, who in the year 912, obtained
the sovereignty of that province from Charles the Simple,
King of France, who also gave him his daughter Giselle, in
marriage. He was an ancestor to Wflliam the Conqueror.
The monkish annalists, in their bad Latin, called him Hollo,
but it is an ascertained fact, that his name was Raoul,
which afterwards became very common in France, particu
larly in Normandy, whence it passed over into England,

WrLLIAM RAWLE. 47
where the English w was substituted for the French diph
thong ou. This etymology was often talked over between
Mr. Rawle and me; he freely admitted it, and though a
Quaker, did not seem displeased to bear the same name as
the conqueror.
My acquaintance with Mr. Rawle began in the year 1784,
when I was studying law under William Lewis; at that
lime, the most celebrated lawyer in Philadelphia, and per
haps, in the United States. Lewis was the son of a plain
farmer in Chester County, who sent him twice a week wilh
his truck to the market in this city, which he carried in a
little cart with one horse. The Courts of Justice then sat
in the Court house, lately pulled down, at the intersection
of Market and Second Streets. After disposing of his vege
table storcj the lad hitched his horse to a post, and went
into the court house to hear the lawyers plead. After at
tending there for some time, during repeated visits, he was
at once struck with the idea, that he also could speak, if
he had only the requisite knowledge. Nature bad endowed
him with a clear discriminating mind, a retentive memory,
a powerful vocal organ, and an admirable fluency of speech.
Nature had designed him for the legal profession. He felt
the impulse; it was irresistable. Like Corregio, he ex
claimed. Son pUtore anch'io; " I, also am an orator, and why
should not I be a lawyer as well as those whom I hear prat
tling around me ?" Full of this idea, he went to his father,
and told him he was determined to study the law, and adopt
it as his profession. His father laughed at him; and well he
mi«^ht, for his education had not extended farther than read
ing, writing, and common arithmatic. He was not, how
ever, discouraged: he did not give his father a moment's
rest, until he put him apprentice to George Ross, then the
most eminent lawyer in this city; under whom his progress

48 A MEMOIR OF
was, rapid. A few years after his admission, he was found
at the head of the legal profession.
I was studying then, under this able master, when I first
became acquainted wilh Mr. Rawle. I had gone through
Blackstone's Commentaries, and Wood's Institutes, and was
advised to enter upon the study of Cohe upon Litllelon. I
wanted to have a copy of the work all to myself, to read it
at my ease ; but it was not easy to be procured. After
many fruitless applications, I bethought myself of putting an
advertisement in the newspapers, in which I offered to give
a set of Valin's Commentary on the French Marine Ordi
nances, in exchange for the book I so much desired to have.
To my great astonishment and delight, I received a note
from Mr. Rawle, (then unknown > to me,) accepting of the
offer. I went immediately to his house, where the bargain
was concluded, and an acquaintance began between us,
which afterwards ripened into friendship.
I took home the longed for volume, and immediately en
tered upon its study. I had then no lime to lose, for I had
also to perform the duties of my office of Notary public and
sworn Interpreter of foreign languages, to which I had been
appointed, by the Executive Council, in the preceding year.
It is not to be wondered at, therefore, if there was at that
period no communication between Mr. Rawle and myself,
while I was so actively and incessantly engaged. At last,
at June Term 1785, my good master, Mr. Lewis, who had
foUowed my progress, and had always been ready to assist
me with his lessons and his advice, which I found of im
mense use and advantage to me, after a long and strict ex
amination, thought he might venture to move for my ad
mission as an attorney of the Court of Common Pleas, for
the city and county of Philadelphia. Mr. Rawle and Mr.
Sergeant, (the father of our distinguished fellow citizen,)
were appointed my examiners.

WILLUM RAWLE . 49
I met them with a trembUng heart. The examination was
begun by Mr. Rawle. To my utter astonishment and dis
may, he proceeded to examine me on the civil and mari
time law, and on the jus postliminii. I learned afterwards,
that he did so out of kindness to me. I had exchanged with
him, Valin's Commentaries for Coke upon Littleton. He
thought I must be more familiar wilh the former books than
with the latter; but it was quite the reverse. Mr. Sergeant
relieved me by asking me questions out of the books that I
had studied. Mr. Rawle fell in, and pursued the same course;
after which I had the satisfaction to be distinguished with a
Ben6, ben6 respondere,
Dignus, dignuB es entrare
In nostro docto corpore.
On the favourable report of these Gentlemen, I was ad
mitted. From that moment, Mr. Rawle showed me marks
of particular friendship. I visited him frequently, and was
always kindly received. I was in a manner domesticated
in his family. For some time we engaged together in the
study of the German Language, of which, I had gained
some slight knowledge in the family of Baron Steuben. We
did not pursue it long together: the interruptions of business
did not permit it. However, I know that he continued af
terwards the study of that language; but to what exten bet
acquired it, I cannot exactly tell. I remember that one
day we were sitting together in the court room, at a meet
ing of the bar, for what was caUed Settling the Dockets.*
* I do not believe that there is a gentleman at our bar, myself excepted,
who knows the meaning of the expression, Settling the Docket; as it has long
since fallen into disuse. The lawyers used to meet at the beginning of every
term at the Prothonotary's Office, or in the Court Room, where all the ac
tions on that docket were successively called over by the Clerk, and were
put at issue, marked for trial, or continued. Rules to declare, or plead were
taken, pleas and replications were given, and judgments confessed; and

50

A MEMOIR OF

In the intervals of business, the lawyers would converse
with each other; and a great deal of mirth and good humour
generally prevailed. On that occasion, the conversation
turned upon ignorant judges, who were not a rarity at that
time; when the President of the Court of Common Pleas,
was an honest Justice of the Peace, who kept a little shop
some where in Chesnut Street, and knew no more of law,
then he did of Greek. Many hackneyed stories, well known
among the profession, were related upon the subject. While
this was going on, I wrote on a smaU slip of paper the fol
lowing German Epigram, which I had read some where,
and handed it across the table to Mr. Rawle.
Mein Sohn! weist du was,
Bist ein advokat;
Mein Sohn! weist du nichts,
Bist ein Gehelmer Roth.
Mr. Rawle immediately wrote, and sent to me the fol
lowing poetical translation.
Our Tom is a wit, at the bar he will drudge;
Our Will is a fool, and we'll make him a judge.
This shows that he was not unacquainted with the lan
guage of Schiller and Goethe.
Among the marks of friendship which 1 received from
Mr. Rawle at that period, I shall never forget that he was
the first who took me in as assistant counsel in a cause of
some importance. It was a Quaker cause, of a mercantile
causes were marked for trial, or argument. All this was done viva voce,
and short entries were made by the Prothonotary, from which the lists of trials
and arguments were made out at each term. The dockets of the Supreme
Court, and of the Common Pleas, were settled in the same manner. I am
told that the practice is still followed in some of the County towns of this
State.

WILLIAM RAWLE. 51
character. More I do not recollect, except the name of
our client, which is here of no consequence. To me, a
stranger in the land without connexions, and at the begin
ning of his career it was rendering a great and an essential
service. It was also a mark of confidence, for which I felt
grateful ever after; and I often took occasion to remind Mr.
Rawle of it, and express to him again and again the senti
ment of gratitude, with which it had inspired me. I am
happy in this opportunity of recording it.
It was not, however, that I wanted business. My nota
ry's office kept me much employed. On looking at my
docket for September Term, 1785, the first after my admis
sion, I find I was then concerned in twenty-one suits, either
for plaintiff or defendant. It was a pretty good beginning.
Indeed, I had begun to practice since the year, 1783, in the
name ofa young attorney, called WUHam Murray, Jr., who
soon after I was admitted, left this for the western country,
where he died. Thus I became acquainted with the forms
of proceeding. But I was not the less obliged to Mr. Rawle,
for distinguishing me as he did; which gave me a standing
at the bar, which I could not have expected for many years
to come. I am happy in this opportunity to pay a grateful
tribute to bis memory.
I was not the only young man whom Mr. Rawle thus
patronized; for benevolence was a strong trait in his cha
racter. I particularly remember a foreigner whom he ge
nerously took by the hand, and by his recommendations, in
troduced into business in the line that he professed, and who
afterwards repaid him with the blackest ingratitude. I for
bear saying more upon this subject. I must not disturb the
ashes of the dead. The ungrateful man gradually lost by
his conduct the esteem which Mr. Rawle's friendship, and
some talents that he possessed, had obtained for him. He
left this country, and went to England where he died.

52 A MEMOIR OF
There are, probably, persons yet living who wiU know to
whom I allude.
I married in the year 1788, and from that time, I began
to lead a very retired life, attending only to the duties of
my profession. My intercourse, therefore, with Mr. Rawle,
was not so frequent as it used to be. We met in courts of
justice; in a friendly, but not so intimate a manner as there
tofore. In the same year the Federal Constitution was pro
mulgated. We took different sides. I regret to say, that
I belonged to what was caUed the anti-federal party. I
thought I was right : subsequent events have proved that I
was in the wrong. The French revolution foUovved; and
parties became stfll more exasperated. Under the admin
istration of the elder Adams, Mr. Rawle was made District
Attorney. This brought us stiU more in opposition to each
other; for in the great political causes, and in the prize
causes, which at that time were so numerous, we were al
most always engaged on opposite sides. Notwithstanding all
this, I can say with truth, that our mutual esteem never suf
fered any diminution. We met as antagonists, but always
parted as friends. In all our forensic debates, and they
were numerous, I do not remember a single harsh expres
sion, or even a word that could inflict a wound on one or
the other of the combatants. Mr. Rawle was sometimes
satirical : he never suffered an unguarded expression of mine
to escape, without some good stroke of wit, that was any
thing but amusing to me ; but it was always done in such a
delicate good humoured way, that it was impossible for me
to take offence; and I well remember that once when I had
in an address to a jury, fairly laid myself open to his shafts,
I begged of him to spare me in his reply, which he was
kind enough to promise, and kept his word.
In the beginning of the present century, during the reign
of the embargo, non-intercourse, and other restrictive mea-

WILLIAM RAWLE. 53
sures, produced by the British orders^ in Council, and the
Berlin and Milan decrees, a great number of causes were
carried up from this city to the Supreme Court of the United
States. The counsel engaged in those causes, were in the
habit of going together to Washington, to argue their cases
before that tribunal. These were Mr. Ingersoll, Mr. Dallas,
Mr. Lewis, Mr. Edward Tilghman, Mr. Rawle and myself,
who am, alas! the only survivor of that joyous band. We
hired a stage to ourselves, in which we proceeded by easy
journies. The court sat then, as it does at present, or did
until lately, in the month of February; so that we bad to
travel in the depth of winter, through bad roads, in the
midst of rain, hail and snow, in no very comfortable way.
Nevertheless, as soon as we were out of the city, and felt
the flush of air, we were like school boys on the play ground
on a holiday; and we began to kill time by all the means
that our imagination could suggest. Flashes of wit shot
their corruscations on all sides; puns of the genuine Phila
delphia stamp were handed ahout; old college stories were
revived; macaronic Latin was spoken with great purity;
songs were sung, even classical songs, among which I re
collect the famous Bacchanalian of the arch-deacon of Oxford,
" Mihi est propositum in tabernd mori;" in short, we might
have been taken for any thing but the grave counsellors of
the celebrated bar of Philadelphia.
The Emperor Napoleon was right, when he told the great
actor Talma, that he did not know how to act the part of
kings, when conversing with their confidential friends.
" You make us speak," says he, " as if we were in a public
audience in the full display of majesty. You should, on
the contrary, make us speak exactly like other men; when
in the bosom of our families, and with our intimate friends,
we take off with great pleasure, the mask that we have been
obliged to wear in public; and freed from that troublesome
8

54 A MEMOIR OF
constraint, we sometimes say and do more foolish things,
than those who are always at liberty to do as they please."
So did the Philadelphia lawyers, when they had left the bar
and the judges many miles behind them. Mr. Rawle was
not so excited as some of us were : be was always mild and
placid, but his strokes of wit produced the greater effect, as
they came from him naturally and without study or pre
tensions. Mr. Ingersoll sat serious and composed, thinking
of his causes, and little inclined to mirth. I sometimes thought
of addressing him wilh Cur in theatrum, Cato severe venisti?
I shall always remember with pleasure, those delightful
journies,. in which we all became intimately acquainted with
each other; for on such occasions, when free scope is given
to the imagination, men appear in their true characters, and
no art can prevent them from showing themselves as they
really are.
Our appearance at the bar of the Supreme Court was al
ways a scene of triumph. We entered the Hall together,
and Judge Washington was heard to say " This is OTT/bar."
Our causes had a preference over all others, in considera
tion of the distance we had to travel. The greatest liberal
ity was shown to us, by the members of the profession, who
usuaUy attended that court. It was really a proud thing at
that time, to be a Philadelphia lawyer.
We returned home, of course, in the same manner that
we had proceeded to the capilol. We occasionally met
with accidents in going or returning, but none that is worth
relating, except the one that I am about to mention. It
was in the year 1808. I had argued against Mr. Rawle,
the cause of M'llvaine v. Coxe (4 Cranch, 209.) The
main question in this case was, whether a native of New
Jersey, who had left this country shortly after the Declara
tion of Independence, and had ever since resided abroad and
always adhered to his first allegiance, was to be considered

WILLIAM RAWLE. 55
as a citizen or an alien. I contended that he was born a
British subject, and remained such through life. On the
other side, it was argued that the revolution was a new
birth, and that on Independence being declared, he was
made a citizen against his will. On this I observed, that I
had never heard of a surgical operation, by which the sub
ject was extracted from the womb, with the revolutionary
forceps. This produced much mirth on the bench and at the
bar, as did the strokes of keen wit which Mr. Rawle, who
was a counsel on the other side, shot at me in reply. On the
whole, however, I lost my cause; and the obstetrical opera
tion was decreed to have been secundum artem.
This little incident would not be worth relating, if it were
not for the comico-serious accident that it produced. The
cause that I have mentioned, being the last we had to argue,
we immediaiely afterwards set out on our return home. The
argument of that cause was yet fresh upon our minds, and
became the subject of conversation, on our way to Balti
more. We were all in very high spirits; and the forceps was
found a very good subject for raillery. Mr. Rawle had
said something about a poker, which hit the fancy of our
colleagues, and which I cannot now remember. When the
spirits are high, any thing will do to found a jest upon.
So that the poker and the forceps became the common to
pics of our conversation. Every one cracked his joke upon
one or the other. Fingers were pointed at us, in imitation
of those instruments. To such a degree was our mirth car
ried, that our Irish driver, listening to us, did not perceive
a stump that was before him : the carriage made a terrible
joU, our Phaeton was thrown from his seat, the horses took
fright, and ran away wilh us at a dreadful rale. A river
or creek was before us, and the bridge was not very safe.
It was determined to jump out of the carriage. I was
pressed to show the example, but I did not choo.se to do it,

56 A MEMOIR or
intending to take my own course. I have heard it related,
that at that moment, I took a pinch of snuff very leisurely ;
but thai I do not remember, and I very much doubt the truth
of the fact. Be that as it may, all except myself, jumped
out of the carriage. Being then left alone, I collected all
my presence of mind, looked about me, chose my position,
and jumped out so fortunately, that I fell upon my feet
without the least injury. Turning back to look behind me,
the first thing I saw was my friend Lewis, sprawling upon
the ground, and not able to rise alone. I raised him on his
feet, and presently came our companions, who all com
plained of being more or less bruised. The driver alone,
by a kind of miracle, had suffered nothing from his fall.
We all determined lo walk to Baltimore as well as we
could : there was, indeed, nothing else for us to do; when to
our great comfort, we saw our stage returning, under safe
guidance. The horses had been stopped in their mad
career, and an honest countryman was bringing them back
to us, with the vehicle. We joyfully resumed our places; and
on our arrival at Baltimore at the Fountain Inn, a surgeon
was immediately sent for, who bled aU my companions.
Feeling perfectly well, I did not choose to submit to the ope
ration. We spent the afternoon at Baltimore, and the next
day resumed our route towards Philadelphia. We had a
narrowf escape. I am now left alone on the stage of life,
which they were doomed also to leave before me. I hope
I shall meet them safe again in a better place.
In the year 1815, was received the joyful news of the
peace wilh Great Britain. Until that period, a colonial
spirit had prevailed throughout this country, that had
checked all efforts al literary enterprize. The successful
issue of the war raised our spirits; and our minds took a
direction towards literature and science. The news was i-e-
ceived about the middle of February. On the 17th of March,

WILLIAM RAWLE. 57
the American Philosophical Society, which had been long
slumbering, resolved "That a committee of their body should
be added to those before existing; to be denominated * The
Committee of History, Moral Science, and General Litera
ture.' " This name was adopted on the suggestion of Mr.
Rawle, who immediately inscribed his name among the
members of the new association.
The business of the committee, (as is usual in such cases,)
was carried on by a few. The active members were Chief
Justice Tilghman, (the chairman,) Dr. Wister, Mr. John
Vaughan,Mr. Correa de Serra,Mr. Rawle, and myself, who
was the corresponding secretary. Our meetings were fre
quent, and Mr. Rawle seldom failed to attend. His advice
was followed in many instances. The report on the struc
ture of Indian languages, which the committee presented to
the society in 1819, when read at our small meeting, re
ceived from him several valuable corrections. He felt so
interested in the subject, that he entered into a correspon
dence wilh me upon it, which the pressure of his professional
business did not permit him to continue. He questioned
the polysyllabic character ascribed by us lo those languages,
on the grounds that, as they are not written, it is impossible
to know, whether what was called one long word, was not
in fact, several words combined or joined together. His
arguments were ingenious, and in some instances conclusive.
Other questions were in this manner amicably discussed be
tween us. I regret that this correspondence was not al
lowed to proceed farther.
In the year 1820, a society was formed among the judges
and members of the bar, called " The Society for the pro
motion of Legal Knowledge, and Forensic Eloquence."
The Law Academy, still existing, was instituted as a
branch of it, and under its patronage. The president of
this association was Chiefjustice Tilghman; and Mr. Rawle

58 A MEMOIR OF
was the vice-president.* That society was incorporated in
1821; and after continuing two or three years, it fell through
by an accident; the room in which the election of officers
was to have been held, having been found locked, and no
election having taken place. It was not revived, and the
Law Academy has continued without it.
While that society remained in existence, Mr. Rawle was
one of its most active officers. It gave an impulse to legal
studies, and to the Law Academy, which has not ceased to
operate. As one of the founders and patrons of the latter
institution, Mr. Rawle always felt an interest in their pur
suits; and as you have remarked, he favoured them in 1832,
twelve years after their first establishment, with an inter
esting and instructive address. He was the friend of youth,
and delighted in promoting the progress and advancement
of the rising generation.
I have thus, my dear sir, related to you, all the circum
stances of Mr. Rawle's life, within my present recoUection,
which have come under my personal observation, and
which are not included in your Biographical notice. There
may be other facts, which I might have mentioned, but
which have escaped my memory. I regret that I have been
obliged lo speak of myself so frequently in this narrative ;
but you will easily perceive that I could not avoid it; and
* I hope it will not be thought amiss to subjoin here a list of the officers
of that society, as first instituted. Those whose names are in Italics are
deceased. President — William Tilghman.
Vice-President — William Rawle,
Trustees : Charles Chauncey, Thomas Kittera, John M. Scott, Bloomjield
M'llvaine, John Keating, Jr.
Secretary — John K. Kane.
Treasurer — Benjarain Tilghman.
Provost ofthe Law Academy — Peter S. Du Ponceau.
Vice-Provost — James Gibson.
See Hall's Journal of Jurisprudence, p, 222.

WILLIAM RAWLE. 59
indeed, I feel no small degree of pride, in finding my name,
on this occasion, necessarily connected with that of one whose
friendship sheds lustre on aU, who have had the good for
tune to enjoy it. I am, very sincerely.
Your friend and humble servant,
Peter S, Du Ponceau.

YALE UNIVERSITY LIBRARY

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