Thomas McKean

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In forming our country, he knew anguish and pain;

But he never backed down, not our founder McKean.
   

        Born in Chester County, Pennsylvania, to William and Letitia Finney of Ireland, Thomas studied for seven years at Reverend Doctor Francis Alison’s academy as a pupil with George Read.  The Reverend Doctor was well known for his handle of the Latin and Greek classics as well of moral philosophy, history, and world literature; and in these pursuits, he served both McKean and Read very well. 

        At the conclusion of studies there, McKean entered the office of David Finney as a law student.  He was admitted to the Delaware bar at the age of 20 and soon went into business for himself.  Because of his integrity and impressive credentials, he attracted more than a fair share of business and carved for himself a good living and reputation.¹

Image by Ole Erekson, Engraver, c1876, Library of Congress

         At the time the Declaration of Independence was passed, Congress dispatched the associated militia of the state to help Washington until a regular militia could be raised.   McKean, colonel of a regiment, was on his way to Perth Amboy, New Jersey, at the head of his battalion.  The commander-in-chief ordered him to march into the town.  With his troops in motion and he upon his horse, he stood by for further orders.  The British were on the road and started to sling balls all around him.  He headed for the general's headquarters who issued that the battalion was now not to proceed into town.  McKean then turned around and headed back toward his battalion to stop them.  As he turned, a horse nearby was shot through the neck by a cannon ball, and it was followed by tremendous and incessant discharge along the road he was obliged to take.  He did not believe he would escape injury but a "merciful providence" protected his success to execute the Order; and he was able to safely march his troops to the camp.      

        When the associate militia was discharged, McKean returned to Philadelphia and then off to Delaware to help form its constitution.  Even though tired from his ride, he immediately found a room in the public inn to spend the whole night preparing the constitution.  He did this with no assistance from anyone or anything.  He had not even a book.  The next morning it was presented and unanimously adopted by the convention.           

        During the war, McKean became so harassed by the British that he was forced to keep his family in hiding.  His possessions were taken from him; and yet in spite of needing the money, he continued to serve in Congress without pay. 

        With Professor John Wilson, McKean published Commentaries on the Constitution of the United States (London, 1790).  He wrote, "The law, sir, has been my study from my infancy, and my only profession. I have gone through the circle of office, in the legislative, executive, and judicial, departments of government; and from all my study, observation, and experience, I must declare, that from a full examination and due consideration of this system, it appears to me the best the world has yet seen."  John Adams described him as "one of the three men in the Continental Congress who appeared to me to see more clearly to the end of the business than any others in the body."        

        As a judge, he was fearless and undertook many difficult cases, placing him often at the center of controversy.  As Chief Justice, McKean heard the case Respublica vs. John Roberts whereby Roberts was found guilty of treason and was sentenced to death.  Just a few days before his execution, McKean, concerned for the souls of mankind, called Roberts back to the bench and said this to him:

When thou passest through the waters, I will be with thee; and through the rivers, they shall not overflow thee: when thou walkest through the fire, thou shalt not be burned; neither shall the flame kindle upon thee.

 Isaiah 43:2