one idea about the Society of Friends, so far as their capacity to govern the Province was concerned; and though he was much less animated in expression than Dr. Smith, he was not a bit less decided in view, or energetic in action. One purpose of the new periodical would be to support the cause of the Crown against France, and the interest of the Penns against the Society of Friends and Dr. Franklin. Both editor and publisher were, therefore, "hearted" in the new work. The parties saw in each other their required complements; and with such a literary support as Dr. Smith,-both ready and able with his pen, methodical in business, and with talents formed equally to gratify the learned and to attract those aspiring to learn,―Bradford felt that he could safely begin his work. Its first number came forth in October, 1757.

The title-page announces that the Magazine is "By a Society of Gentlemen." No doubt we may believe what the Magazine itself declares; that it received great assistance from the neighboring Governments, and particularly from two or three ingenious gentlemen in Maryland. It is undeniable, nevertheless, that its conduct clustered largely around the College and Academy of Philadelphia; and that the accomplished Provost of that College and Academy both largely animated and largely supported it. The design embraced Literature, Science, History, Politics, Moral Essays, and Current News, both Foreign and Domestic.

Ebenezer Kinnersly, distinguished as an Electrician, and whose discoveries in Electrical Science "the very ingenious Mr. Franklin" is said to have appropriated in a way not quite honorable,† writes upon this subject of his studies, then a small one, but now astonishing the earth. Thomas Godfrey, "a phenomenon for natural or intuitive knowledge in the abstruse parts of Mathematics and Astronomy," speaks upon the Quadrant, § of which useful instrument, he and not Hadley, as our British friends would pretend, was the inventor. Professor Winthrop, of Cambridge, in New England, treats of the Causes of Earthquakes. || Other persons give us essays on other parts of Science. One on the

* Page 112.

Page 639. For some account of Kinnersly, see Appendix No. IV., where I insert a sketch from the pen of the Hon. Horatio Gates Jones, LL.D.

Page 627.

Pages 475, 527.

|| Pages 23, 111.

Noctiluca Marina, or the luminous appearance of the ocean in the night-time. A second on the Causes of the Aurora Borealis.† A third on uncommon Sea-Animals, including the Sea-Snake, "a great and amazing monster;" and, huger still, the KRAAKEN, an animal so vastly large that they who accept implicitly the seaserpent are compelled to pause, the writer tells us, when they come to this great superior. Poetical pieces; Observations upon the Fine Arts; upon new publications at home and abroad, all appeared with regularity; and Dr. Smith, himself, contributed a series of beautiful moral essays, under the title of "Theodore, the Hermit." The tone of the work was thoroughly loyal to the Crown; and not in the least favorable to the Government of the Province by the Religious Society of Friends, or the irreligious society of the French and Indians. The literary part, the typography, paper and press-work, were all in advance of the day. The subscription list too was very large; the periodical having the double advantage of Dr. Smith's extensive knowledge of literary persons, and of Bradford's possession of all the posts; a matter long in his hands and obtained through the distribution of his newspaper.

The magazine makes a fair octavo volume of twelve numbers and a supplement. Dr. Smith's political troubles, and a purposed voyage to England made necessary, as we hereafter state, by them, arrested the continuance of it, although both pecuniarily and in reputation to editor and publisher, it was more profitable than such things commonly are.

The ability to edit as Dr. Smith did edit this work, in the midst of such anxieties and occupations as engaged his time and thoughts, indicates an order of talent not usual.

* Page 24.

† Page 25.

Page 32.

CHAPTER XII.

ILLEGAL ARREST, TRIAL, CONVICTION AND IMPRISONMENT OF DR. SMITH BY THE ASSEMBLY OF FRIENDS HIS SPIRITED CONDUCT-APPEALS TO THE KING IN COUNCIL-ACCOUNTS OF THE MATTER IN LETTERS FROM THE Rev. MR. MCKEAN TO DR. BEARCROFT, AND FROM DR. SMITH TO THE BISHOP OF LONDON-A LETTER FROM DR. JENNEY, RECTOR OF CHRIST CHURCH, PHILADELPHIA-DR. SMITH TEACHES HIS COLLEGE CLASSES IN THE WALNUT ST. GAOL-MR. MOORE REMAINS IN OFFICE, BEING ABSOLVED BY THE GOVERNOR FROM CHARGES OF MAL-PRACTICE.

WE come now to one of the most memorable years among the many memorable ones, which marked the long and much varied life of William Smith, Provost of the College and Academy of Philadelphia. The record which we have now to make presents a melancholy proof of the weakness of human professions; and shows that the Religious Society of Friends, which, when out of civil power, could complain pathetically of the abuses of civil rulers, when in power could carry those abuses to a point which hardly any spiritual governors in Protestant lands at any time equalled. The history of the particular proceeding which prompts our remark has enough both of political instruction and of dramatic interest to justify an account of it somewhat in detail.

William Moore, Esquire, of Moore Hall, in Chester county in Pennsylvania, the first Judge of the Common Pleas, and one of the Justices of the Peace for Chester, had long distinguished himself as an active magistrate and an advocate for the defence of his country. In opposing the principles of the Religious Society of Friends on the subject of defensive war, Mr. Moore became very obnoxious to them. In consequence of this, the House of Assembly, in August, 1757, called him to answer before them to sundry petitions previously procured by some of their own members (as was said) from divers persons-convicts in his own court, Roman Catholics and others-charging him, in sharp terms, with injustice in the execution of his office.

Mr. Moore delivered a respectful memorial to the House, setting forth his innocence as to the matters charged; but denying their

authority to try him for his conduct as a magistrate, since they could neither examine upon oath, nor give any legal judgment per pares, and because all the matters charged against him were cognizable by common law. If the Assembly could try him, he might be tried and punished twice for the same offences-if guilty of any.

On receiving this memorial the House, in Mr. Moore's absence, proceeded to take the oaths or affirmations of all the petitioners ex parte in support of their several petitions; and, without other proof than these, they laid an address before the Governor charging Mr. Moore with oppression, injustice and corruption in office, and praying his immediate removal therefrom. This address of theirs the House caused to be published in their official organ, the Pennsylvania Gazette.

To this address the Governor answered that he would speedily appoint a day to hear Mr. Moore and his accusers face to face, and if found guilty of any mal-conduct, they might depend on his immediate removal; but that no man should be condemned unheard.

The annual dissolution and the election of a new Assemblywhich was to take place on the 1st of October of this same year 1757-followed on the back of this; and Mr. Moore, fearing the address of so weighty a body as the Assembly, if passed unanswered, might prejudice him with the Governor, who was now to be his judge, determined to present a counter-address in his own vindication; and as the Assembly that had so maliciously and so unjustly accused him, as he conceived, had no longer an existence, he thought that he might exercise great freedom in saying everything relative to their conduct which could tend to justify his own. He accordingly presented the following address to Governor Denny. The date of this was October 29th, 1757; nearly a month after the adjournment.

MAY IT PLEASE YOUR HONOUR: Whereas the late Assembly of this Province, upon a Number of groundless and scandalous Petitions, most shamefully procured against me by one or more of their Members, from sundry Persons of mean and infamous Characters, did, on the 28th of September last, present to your Honour, and order to be published in the common Gazette, a most virulent and slanderous Address, charging me, in the bitterest Terms, with divers Misdemeanours and corrupt

Practices in my Office, without exhibiting any other Proof thereof than their own unjust Allegations, founded on the Evidence of the said Petitioners procured as above, and taken ex parte before themselves, who were invested with no legal Authority for so doing. And whereas, at the same Time that the aforesaid late Assembly presented and published such heavy Charges against me, they did most unjustly suppress and keep back from your Honour and the World, my Memorial delivered to them in my own Defence, six Days before their presenting or publishing their aforesaid Address, endeavouring as far as in their Power, to prepossess your Honour against me, by a partial Representation of my Case, and to make the World condemn me unheard, as they themselves have in effect done, thereby acting a Part unworthy of any public Body, except the most oppressive. Wherefore, for your Honour's Satisfaction, and in Justice to my own Reputation, least the aforesaid Address should fall into the Hands of any Persons who may not know the Character of the late Assembly, nor the particular Motives of their Rancour against me, I beg Leave to make some further Remarks, and hope to be indulged therein with all that Justice, Patience and Candor, which are due to one who is pleading his Cause against the severest and most grievous Accusations, and in Points the most nearly affecting his Character and Interest.

I. It appears from the Minutes of Assembly, November 1757, page 54, that the Country being then in the utmost confusion and distress, the Savage Knife of the Enemy hourly plunged into the Breasts of the miserable Frontier Inhabitants, I join'd with many others (who were too deeply affected with the Sufferings of their bleeding Fellow-Subjects, to be silent), in Representing to the Assembly, "the ill effects of "the Disputes in which they were then engaged, the alarming Situation "of the Country thro' the Want of a Militia Law, and the terrible De"struction made on our Frontiers on that Account; beseeching the Assembly at the same Time, that if their Consciences tied them up "from doing their Duty in Points of such high Consequence to the "Preservation of the Lives and Properties of the People committed to "their Protection, to resign their Seats to others." That I not only signed such a Petition as this, in Conjunction with Thirty-five of my Neighbours, dated November 5th, 1757 (as is set forth in the aforesaid Minutes), but also drew up the same with my own Hand, I readily own; and think I should not have been acquitted in my own Conscience if I had neglected such an Act of Duty to my distress'd and suffering Country at that Time. From the Day of delivering the aforesaid Petition, I may justly date the Commencement of the Virulence of the Party against To the same Cause is to be attributed all the Petitions procured against me by one of the Members, or rather Tools, of the late Assembly, thro' the most unjustifiable Practices, many of them, at a Tavern, and at a Time when the Petitioners were render'd incapable of reading or

me.