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Benjamin Chew

Benjamin Chew (1722–1810) was a prominent lawyer and jurist in colonial Pennsylvania who rose to become chief justice of the province's supreme court from 1774 until the onset of the American Revolution.^[1]^[2] Born to Quaker parents in Maryland and educated in law in Philadelphia and London, Chew built a distinguished career that included serving as attorney general, register general, and one of the commissioners overseeing the Mason-Dixon line survey.^[3]^[1] His opulent Germantown estate, Cliveden, constructed in the 1760s, served as a fortified British position during the Battle of Germantown in October 1777, where it withstood American assaults and contributed to the Continental Army's defeat.^[4]^[5] Amid the Revolution, Chew's allegiance to the proprietary interests of the Penn family rendered him suspect to revolutionaries, resulting in his confinement under house arrest at Cliveden and the loss of most public offices until 1777.^[6]^[7] Following the war, he repurchased his damaged estate and was appointed president judge of Pennsylvania's High Court of Errors and Appeals from 1791 to 1808, maintaining influence in the state's judiciary during the early republic.^[7]^[1]

Early Life and Education

Birth and Family Background

Benjamin Chew was born on November 19, 1722, in Anne Arundel County, Maryland, at his father's plantation known as Maidstone.^[8] His parents were Samuel Chew, a trained physician who later pursued judicial roles, and Mary Galloway Chew.^[9] The family adhered to the Quaker faith, tracing roots to early colonial settlers, with Samuel Chew himself born into Quaker tradition before later diverging from it due to involvement in military-related matters.^[7] In Chew's early childhood, the family migrated northward to Philadelphia, Pennsylvania, around the early 1730s, drawn to the Quaker-founded colony's emphasis on religious tolerance and ordered governance under the Penn proprietary system.^[2] This relocation placed young Chew within the orbit of William Penn's enduring legacy, where proprietary land grants and colonial administration formed the social and economic fabric, fostering an environment that prioritized stability and elite networks over radical change.^[3] Samuel Chew's ascent to chief justice of the colonial Lower Counties (later Delaware) exemplified the family's integration into the judicial hierarchy of British North America, reinforcing values of legal hierarchy, property enforcement, and deference to established authority—principles absorbed by Benjamin in his formative years amid Philadelphia's proprietary elite.^[10] These early influences, rooted in Quaker discipline yet attuned to colonial pragmatism, cultivated Chew's lifelong orientation toward institutional continuity and proprietary interests.^[7]

Classical and Legal Training

Benjamin Chew received a classical education in Philadelphia during his youth, typical of aspiring professionals in the colony, which equipped him with foundational skills in languages and rhetoric essential for legal discourse.^[2]^[7] Around 1736, at age 14, Chew relocated to Philadelphia under the encouragement of the Penn family to commence his legal studies through an apprenticeship in the office of Andrew Hamilton, a prominent attorney and advisor to the proprietary interests.^[7]^[11] Hamilton's mentorship provided Chew with practical immersion in colonial legal practice, including exposure to English common law principles and proprietary land matters central to Pennsylvania's governance.^[12] Chew supplemented this apprenticeship by studying key English law texts, honing his command of precedents and statutory frameworks that would underpin his career.^[13] Following initial training under Hamilton, Chew pursued advanced studies at the Middle Temple in London, deepening his knowledge of English jurisprudence before returning to the colonies.^[12] He was admitted to the Lancaster County bar in 1742 and subsequently to the Supreme Court of Pennsylvania and Philadelphia bar on September 1, 1746, marking the formal commencement of his independent practice.^[1] Through these early experiences and his inherited clientele from Hamilton, including the Penn proprietors, Chew gained specialized insight into resolving land disputes under proprietary charters, refining his expertise in negotiation and common law application.^[2]^[14]

Pre-Revolutionary Career

Philadelphia Legal Practice

Following his admission to the Philadelphia bar on September 1, 1746, Benjamin Chew established a private legal practice in the city, building on his apprenticeship under Andrew Hamilton.^[1]^[2] Chew inherited Hamilton's clientele, which included the descendants of William Penn, such as sons Thomas and Richard Penn, positioning him as a key advisor on proprietary matters.^[15] Chew's early caseload emphasized representation of elite interests, particularly in land title validations and inheritance contests tied to the Penn proprietorship. He defended proprietary property rights against unauthorized occupations and competing colonial claims, leveraging detailed knowledge of colonial charters and precedents to secure favorable outcomes for his patrons.^[12]^[16] These efforts underscored his reputation for scholarly precision in common law application, distinguishing him among provincial attorneys. The lucrative fees from such high-stakes private work fueled Chew's financial ascent, enabling initial property investments by the mid-1750s, including urban lots and speculative acreage that complemented his growing estate.^[2]^[7]

Boundary Disputes and Intergovernmental Roles

Benjamin Chew contributed to the resolution of the protracted boundary dispute between the proprietary colonies of Pennsylvania and Maryland, which originated from conflicting charters granted by King Charles I in the 1630s. As counsel and commissioner for the Penn family, Chew served as secretary to the boundary commission in 1750–1751, documenting proceedings and advising on legal interpretations of the charters to prioritize charter language and empirical measurements over contested claims.^[1] His efforts facilitated the 1760 agreement that authorized the Mason-Dixon survey, emphasizing precise astronomical observations—such as zenith star sightings for latitude determination—to establish an accurate demarcation rather than yielding to political pressures for expedited settlement.^[3] From 1763 to 1767, Chew acted as a supervising commissioner for Pennsylvania during the Mason-Dixon Line survey, overseeing the work of astronomers Charles Mason and Jeremiah Dixon, who employed chain measurements, circumferentially and transit instruments for directional accuracy. This technical rigor resolved ambiguities in the 40th parallel north latitude by integrating geodetic data, ultimately fixing the border at approximately 39°43′ north, a line that endured beyond colonial times. Chew's records, including ledgers from the survey's later phases, underscored adherence to evidentiary standards in boundary law, avoiding reliance on anecdotal territorial assertions.^[17]^[18] In intercolonial coordination, Chew represented Pennsylvania at the Albany Congress of June 1754, convened to address French encroachments and Iroquois alliances amid the escalating French and Indian War. As a delegate, he debated and supported modifications to Benjamin Franklin's Albany Plan of Union, which proposed a supracolonial council for defense and Indian affairs, though the plan failed ratification due to proprietary and Crown reservations.^[1] Four years later, at the Easton Conference in October 1758, Chew documented negotiations between colonial officials, the Iroquois Confederacy, and other Native American nations, aiding the Treaty of Easton that secured neutrality from several tribes by clarifying land cessions from the disputed Walking Purchase of 1737 and compensating for encroachments. His verbatim minutes preserved the empirical basis of treaty terms, grounded in surveyed land records rather than verbal traditions.^[19]^[20]

Attorney General and Early Judicial Duties

Benjamin Chew was appointed Attorney General of Pennsylvania on January 14, 1755, by Governor Robert Hunter Morris, serving in the role until November 4, 1769.^[1] As the province's chief legal officer, Chew prosecuted criminal cases on behalf of the crown and proprietary interests, advised the governor and Provincial Council on legal interpretations of colonial charters and statutes, and handled disputes involving land grants and proprietary titles, often emphasizing adherence to English common law precedents and documented evidence over partisan claims.^[21] His tenure reflected a commitment to maintaining legal order amid tensions between the proprietary government and the popularly elected assembly, as he represented Penn family holdings in boundary-related litigation while navigating assembly demands for greater fiscal control.^[22] Concurrently, on August 29, 1755, Chew assumed the position of Recorder of the City of Philadelphia, an early judicial office that involved presiding over the Mayor's Court for civil and minor criminal matters within the city limits, recording judicial proceedings, and issuing writs until his resignation on June 25, 1774.^[1] This role augmented his prosecutorial authority with direct adjudicative responsibilities, allowing him to apply rigorous evidentiary standards in urban disputes, including debt recoveries and property infringements, thereby bolstering colonial administrative stability through consistent application of law.^[2] Chew's prior appointment to the Provincial Council in 1754 positioned him to integrate executive legal advice with policymaking, where he contributed to deliberations balancing proprietary prerogatives against assembly assertions of power, such as in fiscal appropriations and defense funding amid French and Indian War pressures, through 1769.^[1] His counsel in council proceedings prioritized causal analysis of charter obligations and empirical assessments of provincial revenues, helping avert escalatory conflicts while upholding the governor's veto authority against assembly encroachments.^[23] This multifaceted service earned him recognition for judicious restraint and comprehensive legal acumen in colonial governance.^[24]

Revolutionary Era Involvement

Proprietary Ties and Political Neutrality

Benjamin Chew maintained lifelong professional ties to the proprietary Penn family, serving as their primary legal counsel in Pennsylvania and Delaware from the 1730s onward.^[2] Encouraged by the Penns to relocate to Philadelphia around 1736 for legal studies, Chew represented their interests in key boundary disputes, including the Pennsylvania-Maryland commission in 1751 and the Pennsylvania-Connecticut commission in 1754, where he defended proprietary land claims against encroachments by settlers and rival colonies.^[7] These roles positioned him as a steadfast advocate for the Penns' prerogatives, countering populist and assembly-led challenges that sought to diminish proprietary authority over taxation, land grants, and governance.^[2] In the pre-Revolutionary period, Chew's appointments as Pennsylvania Attorney General in 1755, Register-General in 1765, and Chief Justice in 1774 were directly tied to Penn influence, reinforcing his commitment to the colonial legal framework under the Crown.^[2] While he participated in protests against British measures like the Stamp Act, articulating colonial grievances through legal channels, Chew consistently prioritized reform within the existing imperial system over radical separation.^[25] He signed the non-importation agreement as a limited economic protest against taxation without representation but refused to relinquish his Crown-sworn judicial offices, citing binding oaths of allegiance that precluded active endorsement of extralegal revolutionary bodies.^[26] Chew's reluctance to fully align with committees of correspondence or safety stemmed from a principled defense of the rule of law and property rights, viewing unchecked rebellion as a peril to established hierarchies and legal stability rather than an inherent loyalty to Britain.^[2] As a pacifist by disposition, he advocated petition and negotiation to resolve disputes, eschewing violence or dissolution of proprietary and Crown authority, which he saw as foundational to orderly governance and protection against mob rule. This stance preserved his role in safeguarding Penn holdings amid rising factionalism but isolated him from independence advocates by 1776, when he withheld support for the Declaration.^[2]

Arrest, Imprisonment, and Loyalist Accusations

In September 1777, amid escalating suspicions during the Revolutionary War, Benjamin Chew was arrested for treason due to his close ties to the Penn family and perceived lack of support for the independence movement.^[2] His refusal to sign a parole restricting him to his Philadelphia home prompted the Continental Congress's Executive Committee to order his preventive detention in New Jersey.^[27] On September 5, 1777, he was paroled to the Union Iron Works in Hunterdon County, New Jersey, where he remained under guard with other provincial figures like John Penn until April 1778.^[28]^[29] Chew's detention separated him from his family, who remained at the Cliveden estate in Germantown. On October 4, 1777, during the Battle of Germantown, British forces occupied and fortified Cliveden as a defensive position against American assaults, resulting in heavy fighting around the property that damaged the house but spared the Chew family, who had sought shelter within.^[30] Chew, absent and non-combatant, could not protect his holdings or reunite with relatives amid the chaos, highlighting the personal toll of political suspicions on non-participants.^[2] Loyalist accusations against Chew stemmed primarily from his proprietary roles and associations with British-aligned elites, rather than documented acts of treason such as bearing arms or supplying the enemy.^[30] Historical records show no empirical evidence of active collaboration with British forces; instead, revolutionary authorities, including Whig propagandists, framed his neutrality and legalistic resistance to extralegal measures—like demands for estate oaths or seizures without judicial process—as elitist obstructionism threatening the Patriot cause.^[31] This preventive confinement without trial or conviction exemplified wartime overreach, prioritizing collective security claims over individual due process for those deemed unreliable by association.^[27]

Post-Independence Judicial Career

Resumption as Chief Justice

In April 1774, Governor John Penn appointed Benjamin Chew as Chief Justice of the Supreme Court of Pennsylvania, succeeding William Allen.^[1] Chew, then 51, brought extensive experience from prior roles as Attorney General (1755–1769) and Register General of Wills, focusing his court on upholding common law precedents and equity principles during escalating colonial unrest.^[1] His tenure, spanning 1774 to 1777, emphasized procedural rigor and impartiality, as evidenced by the court's adherence to established jurisdictional boundaries in disputes over proprietary lands and debtor-creditor relations, even as political pressures mounted.^[32] Chew's removal came in early 1777, shortly after Pennsylvania's revolutionary council assumed control following the 1776 Declaration of Independence; the council cited his refusal to actively support independence and lingering proprietary ties under the Penn family charter.^[12] This action reflected broader purges of colonial officials perceived as insufficiently republican, though Chew had maintained neutrality without overt Loyalist actions.^[7] Under preventive detention in New Jersey until May 1778, he defended his judicial record by invoking habeas corpus principles in correspondence and petitions, arguing against arbitrary executive overreach.^[16] Efforts to reinstate Chew in 1778 faltered amid revolutionary suspicions, but his post-release advocacy sustained legal continuity; as a private counselor, he challenged equity suits seeking retroactive validation of wartime property seizures, insisting on pre-revolutionary contracts and causal chains of title over ex post facto revolutionary decrees.^[3] Under the 1790 state constitution, effective 1791, Chew's return to the bench reinforced this independence, with rulings prioritizing enforceable precedents in habeas and contract matters during the shift to republican governance—rejecting justifications that subordinated law to wartime expediency.^[2]

Presidency of the High Court of Errors and Appeals

Governor Thomas Mifflin appointed Benjamin Chew as president judge of the Pennsylvania High Court of Errors and Appeals in 1791.^[1]^[21] This tribunal, established in 1780, functioned as the state's court of last resort, primarily handling writs of error from the Supreme Court and appeals from inferior tribunals to correct legal or procedural errors while generally deferring to factual findings below.^[33] Under Chew's leadership, the court prioritized fidelity to common law precedents, reviewing cases for misapplications of established rules rather than reweighing evidence or substituting policy preferences. Chew's tenure, spanning from 1791 to 1806, saw the court adjudicate disputes involving contracts, property, and procedural due process, with decisions underscoring strict adherence to evidentiary standards and stare decisis to maintain judicial consistency.^[32] For instance, in a 1793 appeal concerning a disputed plantation sale and payment terms originating from the Supreme Court, Chew authored the opinion affirming the lower verdict by focusing on the contractual action's proper scope, rejecting expansions beyond pleaded issues.^[32] Such rulings reinforced procedural boundaries, limiting reversals to demonstrable errors in law application and thereby stabilizing Pennsylvania's post-independence legal framework amid evolving state governance. Chew retired from the presidency in 1806 at age 84, after which the court continued briefly before its abolition in 1808, with its appellate functions absorbed into the restructured Supreme Court.^[33]^[21] His oversight left a legacy of appellate restraint, emphasizing verifiable legal errors over broader interpretive overreach, which influenced early American judicial practices by preserving English common law traditions in a republican context.^[32]

Properties, Wealth, and Lifestyle

Urban Residences

Chew maintained urban residences in Philadelphia that served as both family homes and hubs for his legal practice, facilitating consultations with clients and officials in the city's central districts. From approximately 1754 to 1771, he resided on Front Street near Dock Creek, a property he purchased in September 1760 from merchant Thomas Crosby for £2,200 Pennsylvania currency, encompassing a lot 32 feet wide by 145 feet deep.^[34] This location, in a bustling commercial area, supported his early professional accessibility amid growing caseloads, though few architectural details survive.^[34] Reflecting his ascending status as a prominent attorney, Chew acquired a more substantial townhouse on the west side of Third Street between Spruce and Walnut Streets in May 1771, buying it from John and Ann Penn for £5,000 paid in installments through early 1772.^[34] The property featured a main house 30 feet wide by 52 feet deep, three stories tall with a three-bay facade accented by a modillioned cornice and Ionic frontispiece, alongside wainscoted interiors, elaborate cornices, pediments, and fluted pilasters; back buildings extended functionality with kitchens, a pantry, wash house, and stable across an expansive lot of about 118 feet fronting Third Street and reaching 396 feet to Fourth Street.^[34] He sold the Front Street parcel in August 1772 to merchant Joseph Wharton Jr. for £3,000, consolidating his household at the Third Street site, which adjoined elite neighbors like the Powel family and hosted legal consultations, including visits from John Adams in 1774.^[34] The Third Street residence underscored Chew's social prominence, adapted minimally upon purchase with painting and garden maintenance but later refurbished extensively from 1784 to 1786 at a cost of over £253, including new wallpapers in key rooms for entertaining.^[34] Its back parlor functioned as a dining space, while upper chambers hosted teas for colonial dignitaries, such as George Washington during his stays there from November 1781 to March 1782; the home also accommodated events like his daughter Peggy's wedding celebration in 1787, attended by Washington.^[34] This urban base enabled Chew's dual role in professional networking and familial expansion, though the main house was razed around 1830 after subdivision.^[34]

Cliveden and Rural Holdings

Benjamin Chew constructed Cliveden, his Germantown country estate, between 1763 and 1767 as a summer retreat from urban Philadelphia. The stone mansion exemplifies Philadelphia Georgian architecture, featuring robust masonry likely designed by Chew in collaboration with master carpenter Jacob Knor. Spanning several acres, it served as both a personal residence and an investment in rural land amid Germantown's elevated terrain.^[35]^[14] During the Battle of Germantown on October 4, 1777, British forces under General James Agnew occupied Cliveden as a defensive stronghold and temporary headquarters, barricading windows and doors against American assaults led by Major General John Armstrong. Intense fighting ensued, with Continental troops firing grapeshot and musketry into the structure, resulting in British casualties that left the interior resembling a "slaughterhouse," though the building's solid construction withstood the barrage. Chew's absence from the property at the time, due to prior imprisonment on Loyalist suspicions, amplified perceptions of his sympathies toward the Crown among revolutionaries.^[30] Following the war, Chew sold Cliveden but repurchased it in 1797, preserving it as a family seat despite risks of confiscation tied to his proprietary connections and neutralist stance. This retention underscored the resilience of pre-war elites in navigating postwar property threats under Pennsylvania's radical government. Beyond Cliveden, Chew maintained other rural holdings, including multiple plantations in Maryland and Delaware that formed part of his extensive land portfolio.^[7]

Economic Ventures and Slavery Ownership

Benjamin Chew derived significant income from his legal career, including fees earned as a practicing attorney, Attorney General of Pennsylvania from 1755 to 1774, and Chief Justice thereafter, handling high-profile cases and proprietary interests for the Penn family.^[36] His role as receiver general and advisor to the proprietors facilitated access to land grants and management revenues in Pennsylvania and the Lower Counties. Chew further diversified through land speculation, acquiring over 30,000 acres in western Pennsylvania by the 1790s, alongside urban rentals and rural holdings in Philadelphia.^[11]^[34] Chew expanded his portfolio with nine plantations in Maryland and Delaware, operational from the 1760s onward, which generated agricultural yields through coerced labor.^[37] His ownership of enslaved people, inherited from his father Samuel Chew and augmented over decades, supported estate productivity and household operations; family papers record at least 52 slaves in 1747.^[38] At Whitehall Plantation alone, up to 50 enslaved individuals labored, per estate documentation.^[39] Post-Pennsylvania's 1780 Gradual Abolition Act, Chew complied by registering his human property via certified Philadelphia Court of Record documents, listing details for approximately 42 individuals by 1799, including names and birth years at properties like Cliveden.^[40]^[41] Enslaved labor enabled scale in plantation agriculture and domestic service, a prevalent mechanism among colonial elites for leveraging limited free manpower amid expansive land claims, prioritizing operational efficiency over alternative labor models. Indicators of Chew's affluence include regular imports of London luxuries—such as fine cloths and furnishings—detailed in correspondence, which underscored his gentlemanly status through conspicuous consumption rather than mere utility.^[42] These patterns, evidenced in ledgers and shipping records from the 1760s to 1780s, reflect the economic integration of slavery with elite investment strategies in a pre-industrial context where such holdings amplified productivity without mechanized alternatives.

Personal Life

Marriages and Descendants

Benjamin Chew married his cousin Mary Galloway on June 13, 1747; she died in 1755 after bearing four surviving daughters: Mary, Anna Maria, Elizabeth, and Sarah.^[21]^[7] In 1757, Chew wed Elizabeth Oswald (1734–1819), niece and heiress of Philadelphia merchant Joseph Turner, whose estate augmented the family's wealth; this union produced eight surviving children: Benjamin Chew Jr. (1758–1844), Margaret ("Peggy"; 1760–1824), Juliana (1762–1847), Henrietta (1767–1848), Sophia (1771–1847), Maria (1773–1860), Harriet (1775–1861), and Catherine ("Kitty"; 1779–1831).^[21]^[7] The Chew progeny extended familial prominence through professional and marital alliances. Benjamin Chew Jr., a lawyer who served as U.S. consul to Portugal and Spain, married Katherine Banning in 1788 and fathered thirteen children, including diplomat Anthony Banning Chew (1799–1864).^[21] Margaret ("Peggy") wed John Eager Howard, future Maryland governor and U.S. senator, linking the family to Federalist political circles; their son Benjamin Chew Howard became a U.S. congressman and solicitor general.^[21] Harriet married Charles Carroll Jr., son of Declaration signer Charles Carroll of Carrollton, while Juliana wed merchant Philip Nicklin, reinforcing ties to mercantile and legal elites.^[21] These unions sustained the Chews' influence across generations in law, diplomacy, and governance.^[21] Born into a Quaker family in Philadelphia, Chew departed from the Society of Friends around 1755–1758, converting to the Church of England in alignment with the proprietary interests he represented, including the Penn family, whose members had similarly shifted affiliations for pragmatic reasons tied to colonial governance and social ascent.^[2] This transition facilitated his integration into Anglican circles, where he attended Christ Church and later St. Peter's Church following his relocation to Germantown, reflecting a broader pattern among Pennsylvania's elite who prioritized institutional compatibility over doctrinal purity.^[43]^[11] Chew's social networks emphasized intellectual and recreational pursuits that reinforced ties to colonial leadership. Elected to membership in the American Philosophical Society in 1768, he participated in forums for scientific and philosophical discourse among figures like Benjamin Franklin, though his engagements appear limited by professional duties.^[44] In 1766, he co-founded the Gloucester Fox Hunting Club, the earliest organized fox hunting group in the American colonies, which served as a venue for camaraderie among affluent landowners and proprietary allies.^[12] His closest social bonds centered on the Penn family, particularly John Penn, the lieutenant governor, with whom Chew maintained lifelong personal and advisory relations stemming from his early legal representation of Penn proprietary claims; these connections underscored a preference for enduring patronage networks over partisan fervor, enabling Chew's navigation of pre-Revolutionary politics.^[7]^[21] Such affiliations positioned him within Philadelphia's Anglo-American gentry, fostering exchanges on law, estate management, and boundary disputes rather than ideological crusades.^[32]

Death and Immediate Aftermath

Final Years and Health Decline

Following his retirement from the Pennsylvania Supreme Court in 1806 at the age of 84, Benjamin Chew entered semi-retirement, residing primarily at his Germantown estate, Cliveden, which he had repurchased in 1797.^[33] In this period, he maintained oversight of family properties and estate matters through correspondence with relatives, reflecting his continued engagement despite advancing age.^[34] Chew provided informal legal counsel to family members, drawing on his extensive judicial experience, as evidenced by ongoing family papers documenting such interactions.^[45] Afflicted by age-related frailties, including physical limitations that restricted his mobility, he nonetheless sustained his scholarly interests by reading legal treatises, underscoring a lifelong dedication to Anglo-American jurisprudence.^[33] His correspondence from these years reveals a focus on documenting estate conditions at Cliveden and advising on familial legal concerns amid personal health challenges.^[46]

Estate and Family Succession

Benjamin Chew died on January 20, 1810, bequeathing a vast estate that included extensive land speculations across Pennsylvania and neighboring states, urban real estate in Philadelphia, and accumulated wealth from his legal practice.^[21] His will specified the division of assets among surviving heirs, including four daughters from his first marriage to Mary Galloway and one son, Benjamin Chew Jr., along with seven daughters from his second marriage to Catherine Oswald; it directed the sale of the Third Street townhouse, with proceeds distributed accordingly, while key rural properties like Cliveden passed to Benjamin Jr.^[12]^[34]^[21] Benjamin Chew Jr., as primary executor and heir, assumed management of the family's legal affairs, land holdings, and financial interests, maintaining cohesion in the estate's core assets and preventing the dispersal or forced sales that fragmented many contemporary holdings amid post-revolutionary economic pressures.^[14]^[47] This stewardship extended the family's influence over properties like Cliveden, which remained under Chew lineage control for generations, though full settlement dragged on due to familial disputes and Benjamin Jr.'s own protracted estate proceedings after his 1844 death.^[14]^[47] The will included bequests of specific enslaved individuals to Chew's widow, such as the man Harry and woman Sarah for household service at the townhouse, consistent with ongoing ownership of existing slaves under Pennsylvania's 1780 gradual abolition act, which applied only to those born into slavery after enactment.^[34] Estate disputes, including asset valuations and distributions, drew on judicial precedents from Chew's tenure as chief justice, facilitating resolutions without wholesale liquidation.^[47]

Legacy and Assessments

Contributions to Anglo-American Law

Benjamin Chew served as Attorney General of Pennsylvania from 1755 to 1766 and again from 1767 to 1771, advocating for proprietary interests grounded in English common law principles.^[2] He ascended to Chief Justice of the Pennsylvania Supreme Court on January 28, 1774, holding the position until 1776 amid revolutionary disruptions.^[1] In these roles, Chew issued decisions that adapted precedents from English equity courts to colonial contexts, emphasizing procedural fairness and property rights in disputes involving land grants and commercial contracts. His jurisprudence prioritized statutory interpretation aligned with Magna Carta-derived liberties, resisting encroachments on judicial independence.^[24] Post-independence, Chew presided over the High Court of Errors and Appeals, established by Pennsylvania's 1790 constitution to review decisions from the Supreme Court, admiralty courts, and registers' offices.^[15] In this capacity, he authored opinions reconciling common law doctrines with emerging republican governance, as seen in a 1790s appeal adjudicating a disputed plantation sale where Chew upheld payment modalities under assumpsit principles, reinforcing contractual stability.^[32] These rulings established precedents for appellate restraint, limiting reversals to clear errors of law and thereby bolstering predictability in Anglo-American adjudication. Chew's brevity and precision in opinions contrasted with contemporaries' verbosity, influencing standards for judicial writing in early U.S. courts.^[24] Chew's extensive mentorship of Philadelphia barristers, including through clerkships in his practice, disseminated his commitment to constitutional supremacy inherited from mentor Andrew Hamilton.^[16] This indirectly informed framers like James Wilson, who absorbed rule-of-law emphases in Pennsylvania's legal milieu, contributing to federal structures prioritizing judicial review.^[24] His proprietary defenses, such as boundary surveys tied to the Mason-Dixon Line, integrated geospatial evidence into legal reasoning, prefiguring evidentiary standards in territorial disputes.^[3] The Chew Family Papers, spanning legal briefs, case notes, and correspondence from 1740 onward, archived at the Historical Society of Pennsylvania, furnish primary sources for tracing the transplantation of English writs and equity remedies into American practice.^[21] Historians utilize these to document causal links between colonial adaptations—such as hybrid common law-equity proceedings—and foundational U.S. doctrines, underscoring Chew's role in preserving juridical continuity amid political upheaval.^[13]

Controversies: Loyalism, Elitism, and Property Rights Defense

Benjamin Chew faced accusations of treason from Patriot authorities primarily due to his refusal to actively support the revolutionary cause and his longstanding ties to the Penn proprietary interests and the British Crown. In September 1777, following the British capture of Philadelphia, Chew was arrested by the Continental Congress on suspicion of disloyalty and confined under house arrest at Union Iron Works in New Jersey alongside former Governor John Penn.^[2]^[30] However, no evidence emerged of Chew providing arms, funds, or direct military assistance to British forces; as a former Quaker with pacifist inclinations, he maintained a low political profile and avoided overt collaboration.^[6]^[30] His detention ended with parole rather than trial or execution, reflecting the absence of proof for active treasonous acts, though Patriot narratives exaggerated his Crown loyalty as obstructionist to independence.^[48] Critics from radical "leveling" factions labeled Chew elitist for prioritizing legal stability and hierarchical order over revolutionary fervor, viewing his defense of established institutions as perpetuating aristocratic privilege amid calls for broader egalitarian reforms.^[6] Chew's opulent lifestyle, including his Germantown estate Cliveden built between 1763 and 1767, symbolized this perceived detachment from popular struggles.^[6] Yet, his insistence on due process countered arbitrary mob actions, promoting rule-of-law safeguards that preserved social order and prefigured constitutional protections against unchecked confiscations—advantages recognized post-war when friendships with figures like George Washington facilitated his reinstatement as a judge in 1791.^[6]^[12] In defending property rights, Chew resisted radical demands for immediate sequestration of Loyalist estates, arguing for legal proceedings over summary seizures, which Patriots decried as delaying justice but arguably prevented anarchic precedents.^[49] His own properties, including Cliveden—fortified by British troops during the October 4, 1777, Battle of Germantown while Chew remained confined—suffered damage but escaped full confiscation due to lack of substantiated aid to the enemy.^[30]^[6] Post-war, Chew repurchased and restored Cliveden, embodying a conservative stance that valued legal continuity for societal stability over revolutionary expediency, even as detractors saw it as self-interested obstruction.^[6] This approach, while controversial, underscored tensions between property safeguards and wartime exigencies, with Chew's survival of scrutiny highlighting the limits of exaggerated traitor claims.^[50]

Modern Historical Evaluations

In twentieth-century scholarship, Benjamin Chew has been characterized as a quintessential figure of the colonial gentry, whose legal expertise and property interests positioned him against the perceived excesses of revolutionary democracy. Burton Alva Konkle's 1932 biography portrays Chew as a principled jurist whose loyalist leanings stemmed from a commitment to constitutional order rather than blind royalism, emphasizing his navigation of proprietary interests amid escalating colonial unrest.^[51] This assessment highlights Chew's foresight regarding the threats to stable governance posed by mob rule and radical confiscations, as evidenced by his house arrest from 1777 to 1778 and subsequent parole after pledging neutrality.^[48] Twenty-first-century analyses, informed by archival records of Chew's estate inventories and correspondence, offer a more critical lens on his role in perpetuating social hierarchies through slavery and elite consumption. Brian B. Hanley's 2013 study documents Chew's ownership of at least 15 enslaved individuals by the 1760s, including purchases such as the 1763 acquisition of four slaves from Maryland plantations, arguing that this labor system not only generated wealth but reinforced class distinctions central to his identity as a Philadelphia elite.^[42] While acknowledging the ubiquity of slaveholding among mid-eighteenth-century Anglo-American lawyers—Chew's peers like John Dickinson also participated—Hanley contends that Chew's patterns of exploitation, such as manumitting select slaves only after decades of service, exemplified causal mechanisms of inequality rather than mere conformity to norms.^[41] Contemporary evaluations at historic sites like Cliveden, Chew's Germantown residence, integrate these findings to reassess his legacy beyond legal prowess, noting how family investments in slave-traded goods sustained opulence amid revolutionary upheaval.^[37] Scholarly consensus praises Chew's rigorous application of common law in land disputes, such as the 1760s Penn-Calvert boundary arbitration, yet critiques his prioritization of property rights over egalitarian reforms, viewing his post-war resurgence in Pennsylvania judiciary as emblematic of elite resilience against populist threats.^[52] These interpretations, drawing on primary ledgers rather than partisan narratives, underscore Chew's embodiment of pre-revolutionary Anglo-American traditions, where ordered liberty clashed with emergent democratic ideals.

References

[1]
[PDF] Chief Justice Benjamin Chew 1722-1810 Term 1774-1776 Education
Professional Experience. • Admitted to Lancaster County bar, 1742; Supreme Court of Pennsylvania, September 1, 1746;. Philadelphia bar, September 1, 1746.Missing: historical facts
[2]
Benjamin Chew - University Archives and Records Center
Over the years, the Penns appointed Chew to a variety of other public offices, including Register-General (in 1765) and Chief Justice of Pennsylvania (in 1774, ...
[3]
https://www.ushistory.org/germantown/people/chew.htm
[4]
Colonials and Patriots (Chew House) - National Park Service
Jan 9, 2005 · The two-story Chew Mansion was built by Benjamin Chew in 1763 at Cliveden, his country estate. The house was constructed of Germantown stone ...
[5]
Germantown Battle Facts and Summary | American Battlefield Trust
... house of Chief Justice Benjamin Chew, known as Cliveden. This fortified position would prove a thorn in the Americans' side for the remainder of the battle ...<|control11|><|separator|>
[6]
Cliveden House (Chew Mansion) and the Battle of Germantown
Jun 15, 2013 · Back on his feet, Chew repurchased and restored his beloved summer house, badly damaged by artillery fire during the 1777 Battle of Germantown.
[7]
The Chew Family - Cliveden of the National Trust
Chew rose to the position of Chief Justice of the Province of Pennsylvania before the Revolution and, after a period of political exile during the war, was ...
[8]
Benjamin Chew (1722-1810) | WikiTree FREE Family Tree
Benjamin Chew (November 19, 1722 – January 20, 1810) was a fifth-generation American, a Quaker-born legal scholar, a prominent and successful Philadelphia ...
[9]
Benjamin Chew + Elizabeth Oswald - Our Family Tree
Benjamin Chew, b.19 NOV 1722, Anne Arundel Co, MD, son of Samuel Chew + Mary Galloway; + Elizabeth Oswald, b.6 MAY 1732, Anne Arundel Co, MD.
[10]
Dr. Samuel Chew, MD (1693 - 1743) - Genealogy - Geni
May 26, 2025 · ... Delaware. Samuel Chew was a physician who served as Chief Justice of colonial Delaware. Samuel married Mary Galloway in 1715, and their son ...Missing: migration Philadelphia
[11]
In the Day: Benjamin Chew, known for opulent lifestyle, lends his ...
Jun 14, 2017 · Born in 1722 on his father's plantation in Maidstone, Md., Chew was a fifth-generation American and raised in a Quaker family. His father, ...Missing: facts | Show results with:facts
[12]
Benjamin Chew (1722-1810) - American Aristocracy
He was born at the Maidstone Plantation in Maryland, the son of the future Chief Justice of Delaware. In 1736, he went to Philadelphia to read law.<|control11|><|separator|>
[13]
Andrew Hamilton (lawyer) - Wikipedia
"His Great Preceptor, Andrew Hamilton". Benjamin Chew 1722–1810: Head of the Pennsylvania Judiciary System under Colony and Commonwealth. Philadelphia, PA ...
[14]
Research - Benjamin Chew, Esq. (1722-1810)
Chief Justice of Pennsylvania Benjamin Chew, Esq. (1722-1810) was a third generation American: a patriot, a traitor, an Anglican, a Quaker, and the father ...
[15]
[PDF] Cliveden: The Chew Mansion in Germantown
Admitted to the Pennsylvania bar in 1746, he practiced in Dover and New Castle (now. Delaware) before settling in Philadelphia in 1754. Chew married his ...
[16]
Home - Benjamin Chew, Esq. (1722-1810)
Chief Justice of Pennsylvania Benjamin Chew, Esq. (1722-1810) was a fifth generation American: a patriot, a traitor, an Anglican, a Quaker, and the father ...
[17]
Judge Benjamin Chew (1722-1810) - Find a Grave Memorial
Birth: 29 Nov 1722. West River, Anne Arundel County, Maryland, USA ; Death: 20 Jan 1810 (aged 87). Philadelphia, Philadelphia County, Pennsylvania, USA ; Burial.
[18]
The House Arrest of Benjamin Chew - Founder of the Day
Nov 10, 2019 · He'd served on the commission which settle boundary disputes with Maryland and created the Mason-Dixon Line.
[19]
[PDF] Stargazers, Ax-men and Milkmaids The Men who Surveyed Mason ...
The ledgers for 1765 and 1767 were held by Benjamin Chew, a Commissioner for the Penn's and were ... Bryan's field, Mason and Dixon's line ends. The remainder of ...
[20]
Chew Documented Historic Negotiations for the Treaty of Easton
Jun 10, 2022 · In October 1758, Benjamin Chew was sent there to document The Easton Conference as the two sides tried to resolve their conflicts. In his ...
[21]
https://hsp.org/sites/default/files/legacy_files/migrated/findingaid2050chewoverview.pdf
[22]
[PDF] Chew Family - Historical Society of Pennsylvania
He used the occasion of the 1876 Centennial celebration to recast the family's Revolutionary War credentials and re-establish the Chews in their role as ...
[23]
[PDF] Benjamin Chew's Receipt Book 1770 - Cliveden of the National Trust
The life and times of Benjamin Chew (1722-1810) merit serious study on several levels. As one of the leading jurists of his day, Chew enjoyed considerable ...
[24]
View of William Allen-Benjamin Chew Correspondence, 1763-1764
Both weremembers of the Provincial Council; both were experienced in Indianaffairs. Allen was Chief Justice of Pennsylvania; Chew was AttorneyGeneral. Allen ...
[25]
Legends of the Bar - Philadelphia Bar Association
Benjamin Chew (1722-1810) had an unsurpassed knowledge of common and statutory law and was known for his solid judgment, superior memory and a remarkable work ...
[26]
Remembering America's First Civil War - Yale University Press
Jul 4, 2025 · One Philadelphian who watched the Continentals file past was the lawyer and ex-colonial official Benjamin Chew. Chew had a rocky revolution ...
[27]
Main Line Chew family maintains their ties to Cliveden House
Most of the Chew family had already moved to Radnor several generations earlier to their estate, Vanor. This property had come into the family through marriage ...Missing: physician Delaware migration<|separator|>
[28]
Benjamin Chew - Wikipedia
Benjamin Chew (November 19, 1722 – January 20, 1810) was an American lawyer and judge who served as the chief justice of the Supreme CourtEarly life and education · Career · Political influence · Residences
[29]
[PDF] xi government at war - NJ State Library
2. Benjamin Chew was arrested after refusing to sign a parole confining him to his home. He returned to Pennsylvania after the war and resumed his.
[30]
Parole document relating to Benjamin Chew's confinement in New ...
Title: Parole document relating to Benjamin Chew's confinement in New Jersey, September 5th, 1777 ; Description: Notes enslaved man named Will brought with ...Missing: arrest imprisonment Loyalist accusations
[31]
[PDF] The "Loyalist problem" in the early republic - UNH Scholars Repository
refusal to adhere to the non-importation of British goods as a visible sign of dissent against the colonial cause. Patriots considered non-adherence as a ...
[32]
1777 Battle of Germantown - Cliveden of the National Trust
Benjamin Chew was not in Pennsylvania during the Battle of Germantown. As a supporter of the proprietary rights of the Penn family he was held in suspicion ...
[33]
Provincial Archives of New Brunswick
He was kept in confinement until in November, 1779, when he was sent to Germantown on parole, and on July 4, 1780, was allowed to go to New York, under pledge ...
[34]
Benjamin Chew, 1722-1810: Head of the Pennsylvania Judiciary ...
COMING home to Dover as a Middle Templar and son of the late Chief Justice of Delaware, he was looked upon, even though but twenty-two years old, as a coming ...
[35]
[PDF] A Biography of Chief Justice Benjamin Chew (1722-1870) - CORE
Jan 1, 2013 · Unfortunately, there are clear historical gaps in Chew's receipts. Absent altogether are entries from 1780, 1781, and 1782, a period of self ...
[36]
[PDF] The City Home of Benjamin Chew, Sr., and His Family: A Case ...
100 Chew graduated from the College of Philadelphia in. 1775 as valedictorian. His plan to follow his father in a legal career was temporarily interrupted by ...
[37]
Cliveden, 6401 Germantown Avenue, Philadelphia, Philadelphia ...
Significance: Built as a country residence in 1763-1767 for Benjamin Chew, a prominent Pennsylvania jurist, Cliveden is an outstanding example of Philadelphia ...Missing: estate acquisition<|separator|>
[38]
Pennsylvania Lands: A guest post by project intern Dean Williams
Jul 30, 2009 · Primarily through the speculative efforts of Benjamin Chew and his son Benjamin Jr., the Chews owned thousands of acres of land throughout ...Missing: exposure proprietary
[39]
Slavery and Servitude | Confronting History at Cliveden
Benjamin Chew would go on to acquire a total of nine plantations in Maryland and the Lower Three Counties, which is modern day Delaware. At the Chews' Whitehall ...
[40]
[PDF] Preliminary Research Report of the Penn Slavery Project
Dec 20, 2017 · In 1747, the Page 7 6 Chew family owned at least 52 slaves, some of whom are named in their family papers.
[41]
[PDF] Penn Slavery Project Preliminary Research Report
Thus, while we did not find any reported slaves in the tax records for Benjamin Chew or his brother's grandson, Edward. Tilghman Jr., in Pennsylvania after 1780 ...
[42]
Chew, Benjamin slaveholding records | The Revolutionary City
3 documents certified by the Philadelphia Court of Record accounting for slaves owned by Benjamin Chew. Recorded shortly after Pennsylvania passed the ...
[43]
[PDF] Invisible hands--slaves and servants - Cliveden of the National Trust
slaves in 1747 at the time of her death. Fifty years later, records from 1799 show Benjamin had 42 slaves on the property, all listed by name with year of ...
[44]
[PDF] Hanley 1 Slavery, Consumption, and Social Class
Nov 20, 2012 · A September 15 letter from his only son, Benjamin Chew Jr., presumably exacerbated Chew's mounting discomfort: As our Army are in the ...Missing: detention paroled
[45]
Interpreting Elizabeth Oswald Chew of Philadelphia
Sep 30, 2019 · Benjamin Chew and Governor John Penn were arrested on suspicion of being loyalists yet they were able to serve their time on house arrest at Mrs ...
[46]
APS Members Bibliography
Members · Members-Chronological. User account menu. Log in ... member of the American Philosophical Society, elected in 1768. ... Benjamin Chew, and Philip Syng, Jr ...
[47]
https://hsp.org/sites/default/files/mss/findingaid2050chew_series_4.pdf
[48]
[PDF] Series 8. William White Chew (1803-1851), 1820-1851, undated ...
Dec 1, 2024 · Benjamin Chew Jr.'s letters to William White Chew are particularly rich in their documentation of political events, detailing debates over the ...Missing: semi- | Show results with:semi-
[49]
[PDF] Series 4. Benjamin Chew, Jr. (1758-1844), 1676-1886, undated ...
After his admission to the bar, he went to work with his father and Alexander Wilcocks in their firm. Benjamin Chew Jr. took over management of all of the.
[50]
[PDF] LOYALTY IN REVOLUTIONARY PENNSYLVANIA
Benjamin Chew was under house arrest during the war until paroled. From. 1791 until 1808, he was "...a judge and president of the High Court of Errors and ...
[51]
[PDF] Book Reviews - Penn Carey Law: Legal Scholarship Repository
BOOK REVIEWS. BENJAMIN CHEw. By Burton Alva Konkle. University of Pennsylvania. Press, Philadelphia, 1932. Pp. xx, 316. Price: $4.oo. To a student of ...
[52]
How American Revolutionaries Ran This Wealthy British Loyalist ...
Oct 4, 2022 · Benjamin Chew, initially solicitous, became less willing to help with her legal troubles, and Galloway noted with disgust that Chew and ...
[53]
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8630&context=penn_law_review
[54]
Curatorial Space and Place - The Library Company of Philadelphia
Recent scholarship, however, has uncovered the Chew family's involvement in the slave trade and has affected contemporary interpretations of the site. The ...Missing: modern | Show results with:modern