Defender of the Constitution Thomas McKean was one of only two signers of the Declaration of Independence to serve on active duty in the Continental Army. By Robert K. Landers
http://www.wsj.com/articles/defender-of-the-constitution-1469996401
Passions ran high in Philadelphia after the British departed in June 1778, ending their months-long occupation. Bands of patriots tarred-and-feathered Tories who refused to sign “loyalty oaths.” A few months later, two elderly Quakers accused of treason were tried before Pennsylvania Chief Justice Thomas McKean. Though neither had taken up arms against the rebels, one was said to have encouraged giving the British information on rebel plans and helped guard city gates during the occupation. The other admitted that he had encouraged support for the crown, though he had also helped families of American prisoners gain access to them.
Their respective juries found both defendants guilty, and McKean sentenced the old men to death by hanging. Dozens of petitions for clemency were sent to Pennsylvania’s executive council, and just days before their scheduled executions McKean sought pardons for both. “It was vintage McKean,” says biographer David McKean in “Suspected of Independence.” Strongly committed to the rule of law “as the most effective check on ever-changing popular attitudes,” McKean believed that its application “needed to be guided by compassion.” In this case, the pleas for mercy fell on deaf ears.
Though the two Quakers were the only defendants in his court ever to be convicted of treason and put to death, McKean acquired a reputation, endorsed by some historians, as a “hanging judge.” David McKean (a direct descendant of his subject) says that the chief justice generally “showed leniency to the Loyalists after the British vacated Philadelphia.” Even before the British arrived, he set free 29 Quakers who had been detained as suspected Tory sympathizers.
McKean served 22 years as Pennsylvania’s chief justice, and in the republic’s early years, says the author, his court may have been “more powerful” than the nascent U.S. Supreme Court. Some years later, a multi-volume work about the body of law that McKean developed became “a touchstone for courts throughout the country,” including the Supreme Court. “Perhaps no one other than Chief Justice John Marshall did more than McKean to establish an independent judiciary,” Mr. McKean asserts.
The author of three previous books on American political history, David McKean was an official at the State Department until earlier this year, when he was confirmed as U.S. ambassador to Luxembourg. “I never really gave my ancestor a lot of thought,” he writes, until he began to notice fleeting references to him in histories of the period. Unfortunately, Thomas McKean did not keep a diary and was not a prolific letter writer, so events generally loom larger than his intimate perception of them in this brisk biography. CONTINUE AT SITE
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