[L] The following extracts from General Reed's letter to his Excellency the
President and the Honorable the Executive Council of the State of
Pennsylvania, dated Philadelphia, 22d July, 1777, assigning his reasons for
not accepting the office of Chief Justice, may serve to prove his opinions
of the constitution at that time. "If there is any radical weakness of
authority proceeding from the Constitution; if in any respects it opposes
the genius, temper or habits of the governed, _I fear, unless a remedy can
be provided, in less than seven years, government will sink in a spiritless
langour, or expire in a sudden_ CONVULSION. It would be foreign to my
present purpose to suggest any of those _alterations_, which, in my
_apprehension are necessary_ to enable the constitution to support itself
with _dignity_ and _efficiency_, and its friends with _security_. _That
some are necessary I cannot entertain the least doubt._ With this
sentiment, I feel an _insuperable difficulty_ to enter into an engagement
of the _most solemn nature_, leading to the _support_ and _confirmation_ of
an entire system of government, which I cannot wholly _approve_." Again,
"the dispensation from this engagement,[M] first allowed to several members
of the Assembly, and afterwards to the militia officers, has added to my
_difficulties_, as I cannot reconcile it to my ideas of propriety, the
members of the same state being under different obligations to support and
enforce its authority." But he adds, "If the sense of the people who have
the right of decision, leads to some alterations, I firmly believe it will
conduce to our happiness and security; if otherwise, I shall esteem it my
duty, not only to acquiesce, but to support as far as lays in my power, a
form of government confirmed and sanctified by the voice of the people."
Here, then, he says, "he feels an _insuperable difficulty_ to enter into an
engagement of the most solemn nature, leading to the support and
confirmation of an entire system of government, which he cannot wholly
_approve_; but he shall think it his duty to acquiesce, and support the
government,--if confirmed and sanctified by the voice of the people." How
inconsistent, then, must his conduct appear, when it is notorious, that he
took a decided part in support of government, accepted of his seat in
Council, and afterwards the Presidency, long before the sense of the people
was expressd[TN] by the _fabricated instructions_ to the members of Assembly,
requiring them to rescind the resolution for calling a convention for the
purpose of revising the constitution. And yet he says, in the 27th page of
his pamphlet, he "so effectually vindicated every part of his conduct, that
every gentleman present, (myself excepted,) acknowledged his mistake."
These were the ostensible reasons for not accepting the Chief Justiceship,
and taking the oath of office; but an oath of another kind, no doubt,
induced him to decline this appointment. He had not taken the oath of
allegiance which the law, (passed the 13th June, 1777,) required of every
male white inhabitant; nor did he take it, as appears by the publication
signed Sidney, in the Pennsylvania Journal, No. 1565, 12th February, 1783,)
till the 9th of October, 1778, which was the very day he was elected a
Councillor for the County of Philadelphia. And though disfranchised of all
the rights of citizenship, and incapable of being elected into, or serving
in any office, place, or trust, in this commonwealth, Mr. Reed dared to
disregard the voice of the people, and violate the law, by accepting the
Presidency, and exercising the powers of government annexed to that office.
If he had taken the oath of allegiance, agreeable to law, why did he take
it _again_, on the day he was elected a councillor? as the mere oath of
office only, upon that occasion, would have been required of him.
As Mr. Reed has not touched this point in his pamphlet, or furnished his
friends with a single argument to defend him, against a charge supported by
authentic proofs from public records, the public have very justly
pronounced him guilty. If certificates can be produced of his oaths of
abjuration and allegiance, agreeable to law, why have they not been
published? If he is not defranchised[TN] of the rights of citizenship, why
was his vote refused at the last election? or is this one of the subjects
reserved for "_legal examination_?" and if so, why does he not suspend the
public opinion by such information?
[M] _By the "dispensation from this engagement," above mentioned, is meant,
that the oath prescribed by the constitution was dispensed with, and many
members of Assembly were permitted to take another oath, in which they were
not bound to support the constitution._
[N] That this opinion was not entertained by Congress, may reasonably be
inferred from the following letter:
_"Philadelphia, 12th September, 1778._
"SIR,--His excellency, General Washington, having recommended
to Congress the appointment of a General of horse, the House
took that subject under consideration the 10th instant, when
you were unanimously elected Brigadier and commander of the
cavalry in the service of the United States.
"From the general view above mentioned, you will perceive, sir,
the earnest desire of the house, that you will accept a
commission, and enter as early as your convenience will admit
of, upon the duties of the office; and I flatter myself with
hopes of congratulating you in a few days upon this occasion.
"I have the honour to be, with particular regard and esteem,
sir, your most humble servant,
HENRY LAURENS,
"The Hon. Brigadier-General Cadwalader. "President of Congress,"
But not wishing to have it suggested, that I entered into the service at so
late a period of the war for the sake of rank, as the French treaty had
taken place, and I had conceived all offensive operations at an end, I
declined the appointment in these terms.
_Maryland, 19th September, 1778._
SIR,--I have the highest sense of the honour conferred upon me
by Congress, in appointing me a Brigadier in the Continental
service, with the command of the cavalry, more particularly as
the voice of Congress was unanimous.
I cannot consent to enter into the service at this time, as the
war appears to me to be near the close. But should any
misfortune give an unhappy turn to our affairs, I shall
immediately apply to Congress for a command in the army.
I have the honour to be, with the greatest regard and esteem,
your excellency's most obedient humble servant,
JOHN CADWALADER.
His Excellency Henry Laurens, Esq., President of Congress.