Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-10-20

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were honored guests. He's.
Gen. FOrbes. Bfaddocks Isl
and stin later, Gen. Harry -
buried from the house, while Washington,
Hancock, Reed, Dickinson, the elder
Adams, and their conte1aporaries ofsea
honored th old mansion by their presence.
Afterwards its glory departed. II sank
lower and lower ia the scale Of RESPECTABLE
lily, until at last, having become a mere
shell and below mockery OF It's former
greatness, iS was torn down in 1867, to
make room for the splendid building of the
commercial Exchange, which stands on its
SITE" 1t was in this latter building that
the members of the body under whose con-
troll it Is conducted teted q humber of Ten
nessee editors and their friends in most
sumptuous manner on the 2lst Of August,
1871. On that occasion the President of
the Exchange stated that transactions in
volving millions of dollars had taken place
in that establishment, and that no difficulty
had ever occurred in adjusting them. This
would seem TO indicate that the spirit of
Penn still exercises an influence over the
spot.
A QUAKER CUSTOM.
A recent incident in one Of the courts of
this city, in which the presiding Judge or
dered that Quaker gentleman should take
of his hat while in the presence of the
Court, has caused some old shook worm"
to hunt up curious law touching the GUS
tom to be observed in the courts of this
Commonwealth which has been in force
since the days of Penn. In bis early days
Penn was sentenced to Newgate prison for
six months forrefaslng to take the oath Of
allegiance to the Crown, the proceeding
growing out Of q frivolous prosecution,
which be did only from conscientious scru-
pies about swearing. His experience in
this and other matters in which bis sect had
been subjected TO sore prosecutions on ac-
count OF their peculiar customs, served
valuable purpose, for when he became pro-
prietor Of Pennsylvania it was specified in
the frame Of government and by the char
ter of liberties, that religious liberation
should be secured to all people of what
ever persuasion or inclination. 1t was
with particular design TO secure this bene-
fit that the great law which was agreed upon
in England, and adopted by the first Pro-
vincial Assembly at Chester, provided "that
in all courts all persons of all persuasions
may freely appear in their own way and
according to their manner, and these per-
sonally plead their own cause themselves,
or if unable, by their friends"
Pursuant to this fundamental law" says
local paper, "the courts of Pennsylvania,
which were In the beginning entirely within
control of members Of the Society of
Friends, were held with Quaker judges
wearing their hats upon the bench, with
| Quaker jurors and Quaker witnesses also
wearing their hats; and the right of every
man to follow his own inclination in this
respect does not seem to have been doubt
ed for many years after the settlement of
the province. In 1925 Sir William
Keith, Lieutenant Governor under the
Penns, and himself churchmsn, either
denying or ignorant Of the Quaker's rights
under the great law, undertook 10 interfere
with the exercise Of privilege which he
possibly thought was indicative of a want
| of respect to himself. Contrary to the
wishes Of the Assembly of the province, as
manifested for many years, it was agreed in
| 1720 that a Court of Chancery should be
created, Of which the Governor should be
the Chancellor, as the representative OF the
| King. In this court, in the year 1725, q
curious incident occurred: John Kinsey, a
Quaker aud lawyer, who was afterward
Chief Justice of Pennsylvania, in attend
lug upon the court as solicitor in case
then pending, appeared according to his
own way and in the manner of his persua-
sion," wearing his hat. This excited the
disapproval of Sir William Keith, sitting as
Chancellor, who ordered that the hat should
be removed, which was accordingly done
by some person present. The members of
the Society Of Friends looked upon this as
an arbitrary proceeding, and at the Quart
erly Meeting held at Philadelphia on the
second Of April, 1T25, memorial was pre-
pared to the Governor, which commenced
with the following language:
"'May it please the Governor: Having
maturely considered the inconvenience and
hardships which we are apprehensive all
those of our community may be laid under
who shall be obliged or required to attend
the respective courts of judicature in this
province Il they may not be admitted with
| out first having their hats taken off from
their heads by an officer, as we understand
was the case of our friend John Kinsiey,
| when the Governor was pleased to command
| his hat to be taken off before he could be
admitted to speak in case depending in a
| Court of Chancery, after that be had de-
clared that he could not, for conscience,
comply with the Governors order to him
self to the same purpose, which being alto
getheT new and unprecedented Ia this pro-
vince, was the more surprising to the spec
tators, and as We conceive (hOwever slight
some may account it) has a tendency TO
the subversior of our religious liberties
"The meeting then went on to refer to
the character of the first emigrants, the con-
cession of their religious rights, and to the
provisions Of the great law which we have
already quoted, concluding with a prayer
that they should be excused from any
compliances against our conscientious per
suasions.' On the presentation of this ad-
dress the Governor and Chancellor perceiV-
ed that he had made mistake. But with.
out actually admitting. it, he prepared him
self against any future difficulty by the
pronunciation Of the following order:
"On consideration had of the humble
address presented, this day read in open
court, from the Quarterly Meeting of the
people called Quakers, for the city and
county of Philadelphia, 1t is ordered that
the address be filed with the register, and
that it be made a standing rule of the Court
of Chancery for the province of PennsylVa-
MIA for all time 20 come that any practi-
toner of the law, or other officer or person
whatsoever, protesting himself to be one Of
the people called Quakers, may and snail
be admitted, if they 50 think fit, to speaf
or otherwise officiate or apply themselve;
decently unto the said court without beins
obliged to observe the usual ceremony O
unc0vering their heads by having their hat:
taken off. And such privilege hereby or
dered and granted to the people calleC
Quakers shall at no time hereafter be IN
derstood or interpreted as any contempt or
neglect of said court, and shall be taker
only rs an act of conscientious liberty, o
right appertaining to the religious persua
sion of the said people, and agreeable to
their practice in all civil affairs of life.