bestowed in doing what is in your Power to prevent so much Evil. What it is you can do, it would ill become me so much as to hint. This only I know that at present our assembly are so doubtful of their Conduct that any certain assurance of its being deemed illegal and highly disagreeable to his Majesty, who disdains oppression, would check their Progress effectually. But while they pass uncensured; 'tis hard to say to what Lengths their Boldness may proceed; certain I am that they have no Precedent for their conduct in the Transactions of the British Parliament; or if there be any Similitude to it, it was in warm Times not to be drawn into imitation; and it is also conceived that there is great difference between the august Representative Body of this Nation, acting by virtue of undenied Powers co-eval with our Constitution; and these subordinate assemblies, whose Powers were expressly delegated to them by particular Grants for particular Ends; and tho' a Power seemingly above Law might in some Instances be safely vested in so wise and numerous a Body as the British Parliament, who could not be supposed to follow the Dictates or gratify the Revenge of one or two Individuals, yet in these lesser assemblies, which are generally influenced by a very few leading men, every power of this kind (except what is essentially necessary to their Being) will be found dangerous in the highest Degree; all which (earnestly begging your speedy Determination) is humbly submitted by

Sirs, your most obedient humble Servant,

LONDON, April 30th, 1759.

WILLIAM SMITH.

A document like this was likely to have an effect, if any document whatever would have it. The law officers of the Crown took up the case, brought it before the Lords of the Committee of Council for Plantation Affairs, before whom both Dr. Smith and the Assembly of Pennsylvania were heard by Council. The counsel for Dr. Smith presented the arguments which he had presented to the Assembly. We need not repeat them.

In answer to them it was insisted for the Assembly—

"That all Courts of Justice, and all branches of a Legislative Body, had a right to punish Contempts against themselves, and that the House of Commons in England had always asserted and exercised such right.

"That the libel in question was a manifest contempt of the authority of the Assembly, arraigning their publick acts, and charging the whole Body with injustice, oppression, and calumny, and as such, was the highest breach of Privilege, tho' not so called in the charge.

"That if it be once admitted that this libel was an Offence of this kind, and properly cognizable by the Assembly, it was highly improper to suffer the point of jurisdiction to be argued, on the nature of the paper to be debated at the Bar, wherein the Assembly had followed the example of the House of Commons in Great Britain.

"That according to the reasoning of the Council for the petitioner, as the Assembly, by the laws of Pennsylvania, meet and are dissolved annually, every House of Assembly would be subject to the scandal & abuse of every libeller, who would be content to wait till the dissolution; or if he presumed to insult them even during their sitting, might be sure to escape with impunity, by keeping out of the way till they were dissolved.

"That, though the Order to the Sheriff might be irregular, yet that it was made upon a presumption, that if the Writ of Habeas Corpus had issued, the prisoner must have been remanded, because it is a Commitment in Execution, and not bailable.'"

The Attorney & Solicitor-General gave it as their Opinion to the Lords of the Committee, that the paper in question was a libel, and that if it had been published whilst the Assembly was sitting, which it had aspersed, they would have had a right to have punished the authors & publishers thereof. But after that Assembly was dissolved, that kind of Jurisdiction ceased, and that the subsequent Assembly had no right to take up the consideration of this offence as a Contempt to themselves, who were not then in being, and consequently, could not be aimed at, described, or calumniated, by a Libel published before their election.

That this objection appeared upon the face of the warrant of commitment, and that the Distinction had been frequently taken. with respect to proceedings for contempt, even by the House of Commons in Great Britain. But that even supposing the jurisdiction of that House in similar cases might be extended further, according to the Law and usage of Parliament, that this extraordinary power ought never to be suffered in inferior Assemblies in America, who were not to be compared, either in power or privileges, to the Commons of Great Britain, and that it was observable that the Assembly themselves had studiously avoided to declare the libel to be a contempt, or breach of Privilege, either in the charge or sentence pronounced, notwithstanding that the contempt

to themselves, the then existing Assembly was the only legal, or colourable ground upon which they could take cognizance of the matter, in order to punish the Offender.

And lastly, that they were of Opinion that it was a high and unwarrantable invasion, both of His Majesty's Royal Prerogative, and of the Liberties of the Subject, to order the Sheriff not to Obey His Majesty's Writ of Habeas Corpus, and that, as Mr. Smith was guilty of no offence against any Assembly then in being, and no Assembly had a right to proceed against him for a contempt to any former Assembly; and as the Law had provided sufficient remedy in all cases of illegal and Arbitrary commitments, it was their opinion that the petitioner should be directed to seek redress (as he should be advised), in the proper Courts of Justice, in His Majesty's Province of Pennsylvania; and that His Majesty, if it was His Royal pleasure, might graciously issue His Ordersto the Governor of Pennsylvania, to take care that in all Cases, His Majesty's Writ should issue free according to Law, and that all Officers of Justice and others, should be protected in the due Execution of them, and that no person or persons whatsoever, should presume to disobey the same.

The Lords of the Committee, taking the Petition & Report, and the whole matter into their consideration, agreed in opinion. with His Majesty's Attorney and Solicitor-General, upon all the points above stated.

On the same day, at White Hall, the Privy Council were assembled. The record of its proceedings yet exists. There were present at the Council the Archbishop of Canterbury, the Lord President, the Earl of Cholmondely, the Earl of Kinnoul, the Viscount Falmouth, and Lord Berkley of Stratton.

A Report from the Lords of the Committee of Council for Plantation Affairs was now read. It gave an account of the whole affair of Mr. Moore and Dr. Smith in substance as we have presented it, and in a great part in the same language; stated the opinion as above given of the Law Officers of the Crown; and their own agreement in opinion with those officers. It ended with a recommendation for a report accordingly, and for proper warning to the Assembly and Governor of Pennsylvania for the future.

The Privy Council, after listening to the whole, give their Judgment and Declaration as follows:

The Lords of his Majesty's most honourable privy Council, this day took the said Report into consideration, and were pleased to approve thereof, and do hereby, in his majesty's name, declare His high displeasure at the unwarrantable behaviour of the House of Representatives of Pennsylvania, in assuming to themselves powers which do not belong to them, and invading both his majesty's Royal Prerogative, and the Liberties of the Subject; and their Lordships do, therefore, hereby order that the Governor, or Commander-in-Chief, for the time being, of the said Province of Pennsylvania, do forthwith signify the same to the said Assembly accordingly, and take the utmost care, and use all the means in his power to support the Laws and His Majesty's Prerogative against all usurpations and encroachments whatsoever, by the Assembly of that Province, at all times and upon all occasions; and that the Governor or Commander-in-Chief, for the time being, do likewise take care that, in all cases, His Majesty's Writs do issue freely according to Law, and do protect all Officers of Justice, and others, in the due execution of them, and that no person or persons, whatsoever, do presume to disobey the same; and that, with regard to the petitioner, their Lordships are hereby further pleased to direct that he do seek redress (as he shall be advised) in the proper Courts of Justice, in the Province of Pennsylvania, whereof the Governor, or Commander-in-Chief, of the said Province of Pennsylvania, for the time being, and all others whom it may concern, are to take notice, and govern themselves accordingly.

Dr. Smith went to his bed that night a happy man. The climate of England agreed with him. Officially, he had been honored. Politically, he had been maintained. In the matter of fact and of law he had been justified. He now got ready to go home: having been in England something over eight months. Soon after his arrival in Philadelphia the Governor of Pennsylvania summoned the Assembly, and sent to them the following polite communication; one which it is probable Dr. Smith and his friends. enjoyed quite as much as the Assembly.

MESSAGE FROM THE GOVERNOR.

GENTLEMEN: Having been served by the Reverend Mr. William Smith, Doctor of Divinity, with an order made by his Majesty's most Honourable Privy Council, on the 26th of June last, upon the petition. and Appeal of the said William Smith to his Majesty, complaining of Certain Hardships, and Oppressions, alleged to have been suffered by him from the Assembly of this province, for the Year 1758; I herewith lay before you both the said Original Order and the petition of the said Doctor Smith to me thereupon.

And as I am therein commanded, in the King's name, forthwith to

signify to you his Majesty's High Displeasure at the unwarrantable behaviour of the said Assembly, in assuming to themselves powers which did not belong to them, and invading both his Majesty's Royal Prerogative, and the Liberties of the people, I do in obedience to the order, hereby signify the same to you accordingly.

February 13th, 1760.

JAMES HAMILTON.

While it may be inferred, from what has been said, that Dr. Smith during his stay in England was much occupied with the matter of his appeal to the Crown, and somewhat also with the collegiate ceremonies incident to his double doctorships-it would be an error to suppose that he was not equally occupied with the interests of his College in Philadelphia. He had been brought into new, strong and valuable relations with men of power, both in Church and State; and he was "sowing," says Dr. Stillé, “the seed which produced a plentiful harvest when he came three years afterwards to England to gather it."

CHAPTER XV.

COMMENCEMENT-DAY, A. D. 1759-VISIT OF THE GOVERNOR TO THE COLLEGENAMES OF SOME OF THE GRADUATES.

THE Commencement-Day of 1759 was the only important event connected with the College which we have to note for that year. The newspapers of the time gave us a pretty full account of it; and at the same time bring before us a vision of antique gentility in style and manners as completely passed away in this our day and land, as has passed away the day in which the scene itself was exhibited.* The account is thus:

On Tuesday the 11th instant, the honourable James Hamilton, Esq., our Governor, was pleased to visit the College and Academy of this City, whereof his honour is a Trustee, and being received at the Gate, was conducted up to the Experiment Room, to take his Place among

therefore later than However, not to in

* The Commencement-Day of this year was in December, and usual. It was deferred until Dr. Smith should have returned. terrupt a narrative in our next chapter which runs through near two years, we give the account of the Commencement, disregarding order of time.