p323  XXII.

Enter Patrick Hayes

Since the curtain had fallen upon the Revolution, John Barry had received many letters from Ireland. Most of them, particularly from relatives, contained little but saddening news. Thomas Hayes had written of the death of his wife, the Captain's sister Eleanor, and had described his own ill‑health and fears for the future of his children. From another sister, Margaret Howlin, came advice she was now a widow, destitute and unable to provide for her little brood. It was not in Barry's nature to fail his kin in their adversity. To Thomas Hayes and Margaret Howlin, by every merchant captain touching at a southern Ireland port, he sent money to meet their needs. Nor did his kindly concern end with monetary gifts. Margaret's boy was sent to an Irish schoolmaster with the Captain footing the bill, and Thomas Hayes was cheered with a promise that the future of his children was a responsibility John Barry would assume.

Frequent were the letters to Ireland which went forth from the Barry home. Would they were preserved, for they contained, apparently, many reminiscences of war experiences, as well as interesting descriptions of post‑war life in Philadelphia. They were cherished during the years of their receipt. John Shannon, of Ross, an old‑time merchant friend, wrote in 1785 of a visit to Wexford, where "your letters to your friends thare ware brot me to my Logings and believe me they added much to my former Good opinion & well Wishes for you." Shannon was sure "that in Generale men of your feelings are they Aptest to meet with Gods Blessings and Success." The Ross merchant had no requests to make, and no complaints against fortune; in fact, he felt the American war had improved conditions in Ireland so that merchants "are Warming to our Country &  p324 fondr of our Cruel Landlords, who you Know Wrested Our Property from Us by the Misconduct of Our Ancestors."

In a different vein was a letter the Captain received earlier the same year from Jeremiah Teahan, formerly a merchant in Montserrat, but now in Corke. Teahan recalled happier days before the war, when he and Barry, upon the frequent visits of the little sloop Peggy to that West India island, had toasted each other over many a bumper of rum. The ex‑Montserrat merchant was considering settling in America, and wanted the Captain's advice. The letter was delivered in Philadelphia by a young Irish carpenter, Barry Cahill, and no small part of the epistle discussed Teahan's idea of giving young Irishmen a chance in the world. He was sure the Captain would take Cahill in charge, and direct "the poor young man where to fix his Camp."

"I know your influence to be great," Teahan continued, "& I'm the more Solicitous, as I think you wd take pride in putting the Irish lads in the way of getting Bread, Rather than they Shd Starve at home." Then, naïvely, the merchant remarked he was also going to ask Barry's interest in "three Brothers of the Reilys," who were also bound for America.

Barry Cahill was the first of many Irish youths consigned by friends or relatives to America with empty purses and letters of introduction to John Barry. From the Captain's letter file, there is ample evidence that always he sought to get these unfortunates placed in business or industry suitable to their talents. One of the lads, Mathew Doyle, who had been "brought up to husbandry," arrived in Philadelphia, in the fall of 1785, with a letter, which, ultimately, would change the tenor of John Barry's domestic life. The letter was from the Captain's uncle, Nicholas Barry, the same who, years before, had aided him in securing a cabin boy's berth on a merchantman out of Wexford. Writing from Wexford, on May 31, 1785, Uncle Nicholas had ill‑tidings to report.

Then Uncle Nicholas spoke of something else — a matter he  p325 felt sure his nephew, "being so good to all our Country Men in general," would take into consideration.

Whether John Barry ordered a tombstone to be erected over the last resting place of his parents, we cannot say. If he did, it has since crumbled away, as, upon the authority of the present parish priest of the Roslare Church, no such marker is in the little graveyard. But he did take immediate action upon word of Thomas Hayes' death. He and Sarah sent that fall for the three Hayes children — money for their passage and a cordial invitation to the home of their uncle and aunt, at 64 Spruce street, as the Philadelphia directory of October, 1785, recorded the address.

* * *

John Barry and Thomas Read, that fall of 1785, made a joint effort to pry some tangible recognition from the Continental Congress for the naval officers whose pay, commutation and bonuses seemed as far from settlement as ever. With Richard Henry Lee, once so active in the old Marine Committee, president of Congress, they had reason to expect their petition, forwarded to him in New York, might have some measure of success. They pointed this out in a covering letter of September 24.

They had styled themselves, "A Committee of the Officers of the Continental Navy," and had prepared an able memorial.  p326 They pointed out that naval officers had served their country "with the utmost fidelity" by sea, and, in some cases, by land, and that certain officers had been wounded in the cause. They spoke about toils and labors as great as those experienced by officers in the land service, yet felt themselves "most Sensibly hurt when they reflect that they are the only Class of Officers in the United States who remain neglected and totally unprovided for." To scotch the argument that prize-taking had given them an income no land officer could secure, they dwelt at considerable length upon that point. Their expenses had been greater. Their allowance in port and at sea had been insufficient, particularly with depreciated currency, to entertain their own subordinate officers and all prisoners taken. They had seldom been permitted to cruise, but almost always had been sent upon private services with orders to avoid all vessels, and, when prizes were taken, did not the United States share one‑half of the proceeds? In conclusion, they asked that Continental naval officers "be placed on a footing similar to that of their Brother Officers in the Land Service as to Half pay or Commutation according to their Ranks respectively."

Richard Henry Lee showed little interest. The memorial was read in Congress, on September 28, and referred to a committee, which never reported it out. Barry explained it later:

"At that time Congress did not stay long in a place and the Gentleman we sent it to soon after was out of Congress So that we never heard anything of it since."

Meanwhile, the Captain had become engaged in a hide‑and-seek game with government officials in efforts to have his long overdue accounts finally settled. Robert Morris, it will be recalled, had promised action in 1783, but soon after had resigned as Agent of Marine and Superintendent of Finance. Joseph Pennell had been appointed Commissioner of Accounts for the Marine Department. Letters to Pennell failed of acknowledgment. Early in 1786, the Captain turned to the former navy paymaster, James Read. Where could Pennell now be located? Read obliged with the suggestion the commissioner be addressed either at New York or Boston. Barry tried both addresses and got nowhere. Exasperated, he wrote Pennell again, on March 21, stating his intention of coming to New York to press his claims against the Marine Department. This letter  p327 brought a reply — from a clerk in the department. Congress had removed Mr. Pennell from office, and would soon appoint a successor. It would do no good to appear until the successor had been named. The year rolled along. Colonel Benjamin Walker succeeded Pennell, and succeeded also to the practice of ignoring letters.

On October 30, 1786, Barry rose up in his wrath and fired another blast of indignation at the treatment accorded him. Again the same clerk replied. He had asked Colonel Walker about the Captain's accounts. The colonel had said, "that he did not know what progress Mr Pennell had made, but that he would have them immediately taken up and Liquid­ated if possible." Indication that something was being done came at once, but it was not of a nature to mollify the Captain. The Marine Department could not locate any books for the Alliance after 1781. Did Barry know where they were? Fortunately, duplicates were in the Captain's possession.

Just when Colonel Walker, having checked and counter-checked all vouchers, examined every payroll and studied each item charged on innumerable ship's books, certified the account for payment, we cannot say. With no definite date available, we would surmise that it was spring of 1787 before John Barry received — not the money so long due him — but certificates to be redeemed when the finances of the United States would be established on a sound basis.

* * *

Barry had waged the last stages of his battle with the Marine Department from his new country estate in the Northern Liberties, •some four miles north of Philadelphia. He had acquired it in the fall of 1785 — a goodly plantation house, named Strawberry Hill, with plenty of surrounding acres of field and woodland. It lay on the south bank of Penn brook, a little rivulet that flowed southeasterly past the house and then jogged northeasterly to empty into Gunner's run, a broader stream that found outlet southward into the Delaware opposite the lower point of Petty's island. Neither Gunner's run nor Penn brook were navigable. Access to Strawberry Hill was by coach or horseback, north on the Frankford road to Red Hart tavern, where a by‑path led off to the northwest, around the Boudinot  p328 estate on Rose Hill, and thence to the new Barry homestead. While not relinquishing his city home on Spruce street, the Captain and Sarah were fully ensconced in Strawberry Hill early in November, 1785.

On January 4, 1786, Barry learned that country living involved additional cost, when there was the doctor to pay. He had been ill during most of the previous October at his Spruce street home, where his good friend Dr. Benjamin Rush, had visited and prescribed for him four times at the modest price of one pound, fifteen shillings for the four visits. But when Rush was called to Strawberry Hill, on January 4, the long drive represented more than four city calls, and the bill for a single visit was two pounds, ten shillings.

Barry's letters were filled with the delights of the new abode, and one epistle, in February, prompted a reply in kind from William French, an old friend in Fredericksburg, Virginia.

"I find you have entirely removed in the Country & bid adieu to the City," wrote French, "& from your Accot of it, & indeed almost every Body else's — you in my Opinion have made a good Exchange."

The Captain seldom permitted himself — illness excepted — to be marooned in the joys of Strawberry Hill. Weekly he journeyed to the city on Wednesday for the fellow­ship of some thirty kindred spirits, members of the Hibernia Fire Company, who "dined and spent the evening at each other's houses." Barry had been "Unanimously Elected a Member of this Company" on March 2, 1785. With his removal to the country, he was continued on the roll, exempt from non‑attendance fines provided "he keeps his Buckets, Bag & Basket at John Montgomery's in Town." While, in the fall of 1786, he finally found "it inconvenient to attend their meetings," and resigned, the friendships established with the members continued.

Among the Hibernians were Charles Biddle, who had sailed letter-of‑marque and privateer in the war days; Colonel Walter Stewart, late of the Pennsylvania line, and Matthew Mease, that gallant merchant who had gone purser with John Paul Jones in the Bon Homme Richard and had been badly wounded in the battle with the Serapis. Most of them were wealthy; all were respectable. Their discourses had much of the political in them, for, as a group, they favored and agitated a stronger  p329 government than that provided under the Articles of Confederation as administered by the Continental Congress.

* * *

From fragmentary notations in an old memorandum book, it is likely that John Barry journeyed down from Strawberry Hill to a Philadelphia wharf, on April 19, 1787, to meet his young nephews and niece from Ireland. He found the nephews all right, but no niece. Michael Hayes, a strapping youngster of eighteen, and Patrick, a handsome, slim lad of sixteen, came ashore to meet this uncle they had never seen before, and explain that their sister, Eleanor, had elected to marry and remain in old Erin. She was Mrs. John Kavanaugh now, and sent her love and respect.

Again consulting the old memorandum book, it would appear that the two lads had sailed from Ireland in late January, or early February, 1787. The date, January 19, 1787, with "Patrick Hays His Book" beside it, covers the fly leaf, and "January the 19 1787 Michael Hayes" is inscribed beneath it. Also, it seems probable that the vessel which brought them to Philadelphia was the ship Rising Sun, commanded by John Rossiter, an old friend of Barry's, and a native of Wexford. This surmise is borne out by the fact that Michael Hayes, after the briefest of visits with John and Sarah Barry, sailed with Rossiter and was schooled to the sea under that capable merchant captain.

Young Patrick Hayes, however, remained at Strawberry Hill. The Captain found much in the strong character of the lad to remind him of his own boyhood. Sarah was charmed by the young stranger, who quickly won his way into her heart. The childless couple revelled in a foster parentage which brought gayety and laughter into their home and lives. Whatever plans previously had been made for Patrick's future were superseded by the immediate desire to raise him as their own son.

* * *

Clement Stocker and Archibald M'Call, two of seventeen merchants who owned a new ship soon to be launched at Philadelphia, called upon Barry early in June of 1787. They came  p330 as spokesmen for all the owners, they explained, with full authority to offer the Captain the command of this vessel — a full-rigged ship of 292 tons — which, in revelation of her first projected voyage, was to be christened the Asia. Canton was her destination. The owners, aspiring to share in the highly lucrative China trade, which had opened to American merchants but a few years before, had pooled their interests to build the Asia. She could be equipped and cargoed in time for departure before the end of the year. To assure her safe passage and a success­ful voyage, they were unanimous in their choice of Barry.

The Captain accepted with alacrity. Three of his closest friends were already engaged in the China trade, and John Green, who had dropped out of the category of friend, had made the pioneer voyage from Philadelphia to Canton. Thomas Truxtun had just completed a profitable Oriental cruise, and was planning to depart again in the fall. Thomas Read was about to sail from Philadelphia to Canton in none other than the Alliance, now altered into an East Indiaman and rendered staunch and seaworthy. Going with Read as first mate was Richard Dale. Sarah Barry may have bemoaned the decision — for it meant an absence of more than a year — but the Captain welcomed opportunity to shake the dust of the country and again stride the poop of a good ship.

Thereafter each day saw him driving in from Strawberry Hill for consultation with the numerous owners. Apparently each of the seventeen had his fingers somewhere in the pie, and conflicting interests soon robbed the Captain of a good friend. Barry had wanted John Angus as second in command. You will recall Angus. He was master of the vessel Barry had escorted out of L'Orient in February, 1782, and prior to that had been a lieutenant in the Continental navy. Some of the owners disliked Angus and insisted upon James Josiah, another ex‑Continental officer, and also a good friend of the Captain. In an unpleasant dilemma, Barry fought for his choice as long as he could and, finally, placed the burden of the decision upon the owners. A garbled version of the controversy reached Angus, who charged the Captain, in a letter written June 27, with going back on his word.

"Storyes are told some times to Suit the party," Barry replied on June 29, "and very offen for want of a Retentive memory  p331 to repeat verbatim the words related, in such cases it is seldom to be depended on."

The letter continued, in a dignified way, to relate what had happened, and his unhappiness to find dissenting voices among the owners regarding Angus. Undoubtedly, the latter's willingness to believe somebody else's story soured Barry against him, for, on August 29, James Josiah was "put in pay" as first mate of the Asia. By then, the vessel was launched and being outfitted.

* * *

Matters other than the projected China voyage had John Barry's interest during the summer and early fall of 1787. He, with those kindred spirits of the Hibernia Fire Company, were staunch supporters of that effort to stabilize the American republic which had brought a Federal convention to Philadelphia. Only through re‑establishing public credit could Barry or any other person holding government certificates for services rendered, hope to realize the face value of these promises to pay. Hence, he was in full accord with the views of the convention, when it ditched any remodeling of the old Articles of Confederation, and proceeded to build a new constitution. And he ardently supported that document when the Federal convention turned it forth, in September, for ratification by the states.

From the gallery of the State House, on September 28, he heard the heated debate in the Pennsylvania Assembly, when it was proposed to call a state ratification convention, and he applauded, along with other spectators, when, around noon, the resolution was passed by a vote of forty-three to nineteen. There remained but to set the convention date. That step was postponed until four o'clock in the afternoon, the Assembly recessing until then. John Barry was back in the gallery at four o'clock, in time to watch the roll call, and learn there was no quorum. Nineteen members, the minority group, had failed to attend. Barry heard the speaker of the House deplore the situation, and offer two alternatives — adjournment, or the dispatch of the sergeant-at‑arms to round up absentees. The latter expedient was adopted and failed, and the Captain, still in the gallery, observed the failure and the subsequent adjournment until nine-thirty o'clock the following morning.

 p332  That night, Barry and some chosen friends laid their plans. The Assembly would adjourn officially on the morrow. Absence of a quorum would delay calling the state convention for a year. The Captain and his fellow patriots were determined to frustrate the efforts of the minority to force adjournment without action. Forty-five members of the assembly would be present for roll call on September 29, but forty-seven constituted a quorum. Two absentees must be forced to attend, whether or no. Those two should be James McCalmont, of Franklin county, and Jacob Miley, of Dauphin county, members who lodged together, fairly close to the State House.

Nine-thirty o'clock, Saturday morning, September 29, and, at the State House, no quorum! Nine-thirty o'clock, and a handful of determined men, John Barry at their head, forced its way into the lodgings of McCalmont and Miley.

"You're wanted at the State House," said Barry, "and we are here to honor you with an escort."

The members from Franklin and Dauphin counties protested, but in vain. The unwelcome visitors threatened compulsion, and indicated willingness to carry out the threat. Forth from their rooms fared McCalmont and Miley, a bit flushed of face and spluttery, to be conducted by a silent group of gentlemen, who took them to the door of the room wherein the quorumless assembly sat, and thrust them inside. Then Barry and his companions ascended to the gallery to await the climax.

Before the arrival of the unwilling members, the Speaker again had dispatched the sergeant-at‑arms in a fruitless quest for absentees. With McCalmont and Miley in their seats, came a new roll call and announcement of a quorum. McCalmont arose.

"As certain persons, whom I cannot now ascertain," quoth he, "forcibly entered my lodgings and brought me here by compulsion, I desire leave to withdraw. My coming was involuntary and my remaining will be in direct opposition to my wishes and intention. I will be governed by the rule of the House, to which I appeal."

A clerk read the rule upon withdrawal. It imposed a five shilling fine to be paid the sergeant-at‑arms. McCalmont proffered the fine, but the sergeant-at‑arms was still away on his wild-goose chase of other absent members. The gentleman  p333 from Franklin county strode toward the door. Disapproving cries erupted from the gallery:

"Stop him! Stop him!"

We can appreciate the source of these outbursts which were echoed by members on the floor. McCalmont stopped. Perhaps he feared his unwelcome guard of honor might still await without. At any rate, he was willing, said he, though still insistent upon his right to depart, to abide by the judgment of the House.

What was the opinion of the Assembly? asked the Speaker, and the answer came forthrightly from Thomas Fitzsimons, who had helped to frame the constitution in the Federal convention.

"If you allow this gentleman to leave this room," Fitzsimons declared, "you defeat the whole business of the legislature and in effect put it in the power of an individual to dissolve the Government."

Others spoke in the same vein, promising that "if the member will point out the aggressors, we ought certainly to concur in any proper mode to punish them." The vote to deny McCalmont permission to leave was unanimous. With a quorum present, November was set for holding the state convention. In the gallery, Barry and his group led the applause.

Who were Barry's associates in the drastic step to complete the quorum has never been learned. In fact, it took McCalmont almost two weeks to identify the ringleader. As both members were from back counties, they apparently knew none of their morning callers by name or face, but it would have been impossible to prevent them ultimately from recognizing Barry as the prime-mover. The Captain was too well known to escape detection, although there is no evidence he ever attempted to conceal his part. With the convention called, he proceeded to forget all about McCalmont and Miley, and to focus his attention upon the Asia.

Nor did he indicate any great concern, when he learned that, on October 13, McCalmont had petitioned the Supreme Executive Council of Pennsylvania for punishment of the offenders who had dragged him so violently from his lodgings. Of these offenders, McCalmont was sure of but one — John Barry. Even the council's action, to authorize the attorney-general to begin  p334 a prosecution against him "and such other persons" as were concerned, did not disturb his tranquillity. He knew general opinion was with him, that any prosecution would be half-hearted, and that soon he would be off on a voyage with better than a year's absence to bring public forget­fulness of his offense.

Results justified his judgment. To anticipate, in February of 1788, the attorney-general asked the council what he should do about the suit against Captain Barry. The council left it entirely in the said attorney-general's hands, and that gentleman promptly buried the matter in oblivion. Long before, the state convention had ratified the constitution, and Barry had sailed for Canton, figuratively thumbing his nose at the ruffled McCalmont, and, perhaps, reciting the waggish verse he had read in November in the Pennsylvania Gazette:

* * *

Through the fall of 1787, the Asia had been rigged, equipped, ladened, armed and manned. Barry was well pleased with her — "a fine Stout New Ship fitted and found in the Very best mannor Navagated with 28 Men and Mounts fourº Six pound Cannon." Her cargo consisted of masts and spars, rum, beer, other liquors, turpentine and ballast, all well stored.

In addition to James Josiah, Barry had gathered a seasoned and trustworthy crew with John E. Sword, a Continental navy veteran, as second mate, and a morose individual named Marsh, as third mate. Nathan Dorsey, who had sailed with him in the last cruise of the Alliance, was shipped as surgeon, and the supercargoes were scions of prominent Philadelphia families — Jonathan Mifflin and John Frazier.

Numbered among the boys was Patrick Hayes — eager to begin his sea‑training under so distinguished a mentor as his famous uncle. The decision to include young Patrick had  p335 brought about a readjustment at Strawberry Hill. Sarah could not be left alone on the estate, so the Captain found her a congenial female companion among the numerous Keen relatives. Out to the mansion in November came Miss Elizabeth Keen, elder daughter of William and Dorothy (Gaylord) Keen. William was another of the sons of the prolific Jonas Keen. Elizabeth, a sprightly miss of twenty-three years, was the ideal person to cheer the very matronly and sorrow­ful Sarah. There was added advantage in the fact they were first cousins and, hence, had much in common. Elizabeth — Betsy, as she was known to her intimates — would help take Sarah's mind away from the pending long absence of her beloved husband.

Matters domestic had been arranged by the beginning of December, and, as affairs with the seventeen owners were in good order, the Captain had but his personal interests and those of his friends to occupy his attention until the sailing date. In his China letter-book, which begins December 4, are entered the numerous adventures he undertook to fulfill.

Willing, Morris & Swanwick shipped thirty casks of brandy on the Asia consigned to the Captain. He was to make the best possible sale of it, and invest the proceeds in India nankeens. Henry Gurney gave him one hundred and fifty dollars to purchase a set of nankeen China, some orange damask and other items. John Nixon, one‑time part owner of the Black Prince, entrusted him with a thousand dollars to be expended in a list of articles a yard long, from "Black Shimshaws" for himself, to "Slop Bowls of China" for Mrs. Nixon. John Wilcocks, Jr., had a hundred dollars he wanted divided between assorted sewing silks and "Nankeens of a Good Colour."

Mrs. Isaac Hazlehurst sent the Captain fifty dollars to cover a complete China set with every item specified and a sample pattern to be matched. Hugh Doyle wanted a set of table China and "a piece of Light Coloured Silk fit for Men's Coats." Barry's old friend John Brown desired six hundred dollars laid out in nankeens, and was the only one who appreciated that the purchaser was entitled to a commission for his trouble — "One third of the Nett profits that may Arise on the Sailes of them here free of any Charge except that of Insurance." John Montgomery, of the firm of John & William Montgomery, and who had wed Mary Crawthorne — she of the voyage from Providence  p336 to Virginia in the Alliance⁠a — had the grace to give the Captain carte blanche to buy anything he judged advisable for two hundred Spanish milled dollars.

Barry did not neglect his own interests. He drew two bills on a London firm, totalling about £370, with the promise to remit in full upon his return. To protect the loan, he took out one thousand pounds sterling insurance "for Cost & goods Shipped by me on Board the Ship Asia of which I am Captain." The policy read, "From Philadelphia to Canton in China at and from thence or at and from Canton back to Philadelphia with Liberty to touch and Trade at the Cape of Good hope on her outward and Inward passage."

Last minute preparations kept him ashore when the Asia cast off, on December 10, 1787, and hauled into the stream. He was still absent when she dropped down river next day to Gloucester Point. Thomas Truxtun's ship, the Canton, had departed several days before. They had expected to sail in company, but the Canton had been more forward in outfitting. Barry had registered the Asia at the Custom House, on December 4. Now he entered her outward, on December 12. A final visit to Strawberry Hill, and a fond farewell to Sarah; then, back to Philadelphia.

"A speedy and prosperous voyage to you, dear Barry," was John Brown's parting, and the Captain, Dr. Dorsey, and the young supercargoes drove south to League Island, on December 14, to be rowed out to the Asia.

---

Thayer's Note:

a pp306‑311, passim.

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