USA > Pennsylvania > Philadelphia County > Philadelphia > An historical account of the old State house of Pennsylvania now known as the Hall of Independence > Part 10
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1 Such a catastrophe had never happened to the Pennsylvania Bills of Credit, which, unlike those of most of the colonies, were guarded by real estate security.
2 From and after the date of May 21st, we find the name of the Proprietary Gov. ernor ignored upon the Journals.
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HISTORY OF INDEPENDENCE HALL.
their right to frame a new Government was presented. " We mean not," say divers of the inhabitants, " to object against the House exer- cising the proper powers it has hitherto been accustomed to use for the safety and convenience of the Province, until such time as a new Constitution, originating from, and founded on, the authority of the People shall be finally settled by a Provincial Convention, to be elected for that purpose." But since " the chartered power of this House is derived from our mortal enemy, the King of Great Britain, and the members thereof were elected by such persons only as were either in real or supposed allegiance to the said King, to the exclusion of many worthy inhabitants whom the aforesaid Resolve of Congress hath now rendered Electors; and as this House in its present state is in immediate intercourse with a Governor bearing the said King's commission, and who is his sworn Representative, holding, and by oath obliged to hold, official correspondence with the said King, and is not within the reach of any act of ours to be absolved therefrom, therefore we renounce and protest," etc. This bold document was signed by Daniel Roberdeau, as chairman.
Daniel Roberdeau
It was the result of an immense town meeting, which took place at the State House, and in the adjoining square, notwithstanding the rain. which came down in torrents, on the 20th May, 1776.
Resolutions were adopted : -
First, That the [existing] Instructions [of the House to their dele- gates in Congress] may have a dangerous tendency to withdraw this Province from the happy Union with other colonies, which we con- sider our glory and protection.
Second, That the present House of Assembly was not elected for the purpose of forming a new government.
Third, That for them to do so would be assuming arbitrary power.
Fourth, That the present government is incompetent for the exi- gencies of our affairs.
Fifth, "Resolved, THAT A PROVINCIAL CONVENTION OUGHT TO BE CHOSEN BY THE PEOPLE."
While this action was essentially a tentative experiment, tending to an independent Government, it was the initiative towards practically making the people of America the sovereign power.
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THE INITIATION OF INDEPENDENCE.
A committee was, in consequence of the protest sent them, appointed by the House to draw up a memorial, for a precise explanation by Congress, and legislative action accordingly postponed.
The " Committee of Inspection " for the County of Philadelphia, presented an address to the Assembly, expressive of their alarm "at the prospect of a disunion, which must attend the prosecution of a scheme (for separation from Great Britain) that will in the end not only set Province against Province, but (more dreadful to think) fo- ment civil discords in each."
They admit that if the " infernal plan of despotism" should be per- sisted in by the British Ministry, they would be driven "by violence to that last shift, a Declaration of Independence; every one will then be convinced of the necessity of such a measure, and we shall be as one man so united and strengthened by the conviction as to bid defi- ance to all their attempts. What we have to offer or advise is, that you will most religiously adhere to the Instructions given to our Dele- gates in Congress. We consider them our greatest security. And we do further most seriously entreat that you will to the utmost of your power oppose the changing or altering, in any the least part, of our in- valuable Constitution, under which we have experienced every happi- ness, and in support of which there is nothing just or reasonable which we would not willingly undertake."
These opposing views were again and again brought before the House in Representations and Counter Representations; on the 28th of May the House received a petition from " the Freemen and Inhabi- tants of the County of Cumberland," wherein they besought the with- drawal of the instructions given to the delegates of Pennsylvania in Congress, in which the latter were enjoined not to consent to any step which might cause, or lead to, a separation from Great Britain.
No action was taken ; within a few days, however, - the fifth of June, - the Speaker, promptly upon its receipt, laid before the House a letter dated on 22d May, from the President of the General Con- vention of Virginia, enclosing resolutions which had been by that body, " thought indispensably necessary to enter into at this important crisis."
As the first official act pregnant with the issue of actual Indepen- dence we must listen to the very words as first uttered in this building
The clerk reads : -
IN CONVENTION, Wednesday, May 15, 1776. Present 112 Members.
Forasmuch as all the Endeavors of the United Colonies, by the most decent Representations and Petitions to the King and Parliament of Great Britain,
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HISTORY OF INDEPENDENCE HALL.
to restore Peace and Security to America under the British Government, and a re-union with that People upon just and liberal Terms, instead of a Redress of Grievances, have produced from an imperious and vindictive Administration in- . creased Insult, Oppression, and a vigorous Attempt to effect our total Destruc- tion : - By a late Act all these Colonies are declared to be in Rebellion, and out of the Protection of the British Crown, our Properties subjected to Confisca tiou, our People, when captivated, compelled to join in the Murder and Plunder of their Relations and Countrymen, and all farther Rapine and Oppressions of Americans declared legal and just ; Fleets and Armies are raised and the Aid of foreign Troops engaged to assist these destructive Purposes : The King's Representative in this Colony hath not only withheld all the Powers of Govern- ment from operating for our Safety, but, having retired on Board an armed Ship, is carrying on a piratical and savage War against us, tempting our Slaves, by every Artifice, to resort to him, and training and employing them against their Masters. In this State of extreme Danger, we have no alternative left but an abject Submission to the Will of those overbearing Tyrants or a total Separa- tion from the Crown and Government of Great Britain, uniting and exerting the Strength of all America for Defence, and forming Alliances with Foreign Powers for Commerce and Aid in War :- Wherefore, appealing to the Searcher of Hearts for the Sincerity of former Declarations expressing our Desire to preserve the Connection with that Nation, and that we are driven from that In- clination by their wicked Councils, and the eternal Laws of Self-preservation ;
Resolved, unanimously, That the Delegates appointed to represent this Col- ony in General Congress be instructed to propose to that respectable Body to declare the United Colonies free and independent States, absolved from all Allegiance to, and all Dependence upon, the Crown or Parliament of Great Britain ; and that they give the Assent of this Colony to such Declaration, and to whatever Measures may be thought proper and necessary by the Congress for forming foreign Alliances, and a Confederation of the Colonies, at such Time, and in the Manner, as to them shall seem best: Provided, that the Power of forming Government for, and the Regulations of the internal Con- cerns of, each Colony be left to the respective Colonial Legislatures.
Resolved, unanimously, That a Committee be appointed to prepare a Declara- tion of Rights, and such a Plan of Government as will be most likely to main- tain Peace and Order in this Colony, and secure substantial and equal Liberty to the People.
Edm PendletonJ.
A debate of considerable length ensues, the question being finally called for, is put by the Speaker, - shall a committee be appointed to bring in new instructions to the delegates of this Province in Con- gress.
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THE INITIATION OF INDEPENDENCE.
It was " carried in the affirmative by a large majority," says the Journal.
John Dickinson, Robert Morris, Joseph Reed, George Clymer, and . Messrs. Wilcocks, Pearson, and Smith, were appointed the committee to bring in the draught of instructions.
They promptly reported " an essay for that purpose the next day " which was referred for consideration to the day following.
The Pennsylvania Legislature was scarcely yet prepared to take the bold stand of Virginia. Unlike Virginia, Massachusetts, and most of her sister colonies, Pennsylvania had been permitted under the existing government to assume her place in the Union ; it could not be said she possessed "no government sufficient to the exigencies of her affairs." It should be borne in mind in reference to this colony that it not only possessed a Proprietary government, but through the Pro- prietary, had received a most liberal charter by which every individ- uality had always been protected. Her institutions had nourished and developed the greatest lawyers of their day, who had under all circum- stances fearlessly advocated the just privileges of freemen. Andrew Hamilton had successfully shown that the Constitution of England would not tolerate infringement upon individual rights, while his suc- cessor, Jolin Dickinson, the very foremost of the early patriots, had proved to English as well as to American minds, that the spirit of that very same Constitution of Great Britain extended to America and embodied all that was needed to ensure perfect liberty.
The form of government was thus believed to be unexceptionable, and the acts of the ruling ministry, even though sustained by the reign- ing sovereign and his parliament, were simply regarded as usurpations that could not and would not be maintained eventually ; hence "the Liberals," and " the Conservatives," were nearly equal in numbers.1
Conservatism naturally thus engendered, and growing with the growth of Pennsylvania, was also reinforced by the religious tenets of the Quakers whose doctrine of non-resistance (like the celebrated hat- on-head theory), originating in a virtue, had far outrun the views of the noble Founders, and thus gave rise to a third class, "the Loyalists."
The fourth class - the Tories, were only represented by Joseph Galloway, Andrew Allen, and a handful of others, who soon "se- ceded."
1 The American citizen of to-day whether of New York, or of Boston, or of Phil- adelphia, shows quite equal forbearance in his toleration of the abuse of republican institutions, in yielding to the rule of the present legislators in city and in state, hoping always that something will " turn up " to rid the country of the jobbers and peculators who now govern it.
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HISTORY OF INDEPENDENCE HALL.
While the debate is still pending in the second story of the build- ing, in the legislative assembly, which was to decide the participancy of Pennsylvania, let us descend the stairs with John Dickinson and Robert Morris, who, with Mr. Speaker Morton (restrained by his posi- tion from accompanying us), Franklin, Biddle, Humphreys, Willing, Ross, and even Allen, had the right to appear on behalf of Pennsyl- vania, and enter the great National Assembly then in session in the Eastern Room on the first floor.
It is Friday, the 7th June, 1776. John Hancock, the President, is seated in the ancient chair, once that of the speaker of the Pennsylvania Assembly. It stands upon a dais or platform at the eastern end of the chamber, elevated two steps from the floor. Before the President is a plain mahogany table, oblong in shape, with drawers convenient for use, its sole ornament a massive silver inkstand bristling with quills.1
Over the door of entrance, " suspended in the Congress Room," is its chief decoration, -the Patriot or Rebel Flag of the Navy, which had been presented to Congress on the 8th of February, 1776, by Colonel Christopher Gadsden, of the Marine Committee of Congress. It is described as an " elegant standard, such as is to be used by the com- mander in chief of the American Navy ; being a yellow flag with a lively representation of a rattlesnake in the middle in the attitude of going to strike, and these words underneath, 'Don't tread on me.'" 2
In a semicircle on either side of the president are seated the dele- gates in Congress ; clustered in groups, according to the colonies which they represent, in order the more readily to give the authorized vote.
Now is taken that first step toward the Magna Charta, the mem- orable act which sanctifies the whole building, - the already expected " Runnymede of America."
Richard Henry Lee, of Virginia, rises in his place. He holds in his unfettered hand the instructions from the Convention assembled at Williamsburg. Those instructions which we have already heard read to the Pennsylvania Assembly, which had been brought to Philadel- phia but a few days before by Thomas Nelson, Jr., himself then present as a delegate from Virginia.
Mr. Lee reads, amidst breathless silence, a resolution still extant in his own handwriting : -
1 For the reclamation and identification of this inkstand see page 168.
2 It was not till June 14, 1777, that Congress adopted the " Stars and Stripes," - thirteen of each, - though the standard in actual use by the army consisted, as early as 1775, of thirteen alternate red and white stripes, either with the British Union Jack, or having upon the stripes a rattlesnake, transversely painted, some- times with the words given in the text. This latter flag was most probably displayed with the navy flag in June, 1776.
Reforved
That there United Colonces are, and of right ought to be free and independent States that they are absolved from all allegiance to the British Crown, and that all political. connection between them and the state of Great Britain to, and ought to be, totally defsolved
FAC-SIMILE OF THE ORIGINAL RESOLUTION AS OFFERED BY MR. RICHARD HENRY LEE.'
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THE INITIATION OF INDEPENDENCE.
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HISTORY OF INDEPENDENCE HIALL. .
Among the auditors, there are sitting several men, who for many weeks have been toiling to bring their fellow-countrymen to this point, and yet the doubt of unanimity among the colonies causes the stillness that ensues to be almost painful. Personal responsibility had long been lost sight of. This, as well as the fate of the country, had for some time, obviously, been recognized as dependent upon Union; a perfect union would insure success, while division must entail failure ; then " Rebellion," with all its consequences. Hence Union was now the paramount idea.
Mr. Dickinson anxiously fixes his eyes upon Samuel Adams, who, catching the anticipated glance, merely compresses his lips a little more tightly, and bows to his younger colleague and namesake, Jolin Adams, who thereupon rises, and seconds the motion, and the mo- mentous question is, without debate, postponed till the morrow.
Charles Thomson, the Secretary of Congress, seated at the right hand of the President, at a desk similar to his, thus makes the official entry in his Journal : -
" Certain Resolutions respecting Independency being moved and seconded, -
" Resolved, That the consideration of them be referred till to-morrow morn- ing, and that the members be enjoined to attend punctually at ten o'clock, in order to take the same into their consideration."
On the Saturday we may readily imagine a full house. The mo- tion was immediately referred to the "Committee of the Whole," whereupon the President yielded the chair to Benjamin Harrison of Virginia. Till seven o'clock in the evening of that day, and again on Monday the 10th of June, till seven o'clock in the evening, was the question debated in the committee.
Its immediate adoption was now urged on the floor by Richard Henry Lee, John Adams, George Wythe, Elbridge Gerry, Thomas MeKean, Thomas Jefferson, and Samuel Adams.
Edward Rutledge, Robert R. Livingston, John Dickinson, James Wilson, and most probably both Carter Braxton and John Rogers, besides some others, earnestly advocated the postponement of the question.
The arguments of the latter prevailed to some extent. It was agreed in committee to report to Congress the Resolution, which was adopted by a vote of seven colonies to five, and the final question was on motion (apparently of Edward Rutledge) in Congress postponed till July 1.
But in order to meet the views of both sides, the Committee of the
THOMAS JEFFERSON. FROM THE PORTRAIT BY PFALE IN INDEPENDENCE HALL.
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THE INITIATION OF INDEPENDENCE.
Whole expressed its conclusions " that in the mean time, least any time should be lost in case the Congress agree to this Resolution, a committee be appointed to prepare a declaration in conformity to it." This was adopted by Congress.
On the next day, the committee on the Declaration of Independence was chosen by ballot. In the absence of Mr. Lee, the mover of the Resolution (who had been called home by the illness of his wife) Thomas Jefferson was selected from Virginia, that colony being cer- tainly entitled to have the chairman ; John Adams, who had seconded it, and the three others chosen were, Benjamin Franklin, Roger Sher- man, and Robert R. Livingston.
The delegates from Pennsylvania, it must be borne in mind, up to this time, in common with those from New York, New Jersey, Dela- ware, and Maryland, were restricted either specifically by their "in- structions," or by the expressed will of their constituents, from agree- ing to any act or resolution that would separate the colonies from the mother country.
Let us return to the temporary quarters occupied by the Pennsyl- vania Legislature, on the second floor of the State House, and trace its action, - since for the present with this colony only we are con- cerned. When we last left that chamber on 7th June, the Assembly was still debating the proposed instructions to their delegates in Con- gress, upon which necessarily depended their vote for or against Inde- pendence. The debate over " the Cumberland County Petition," as it was called, -though really the question whether or not to concur in the Virginia action, -continued for still another day, and for several days thereafter no quorum could be secured. At last, on 14th June, the very day of what may be regarded their final adjournment,1 new and modified instructions were finally ordered to be signed by the Speaker. After explaining therein that their previous order to dissent from and reject, on the part of Pennsylvania, any propositions that might cause a separation from Great Britain, "did not arise from any diffidence of your ability, prudence, or integrity, but from an earnest desire to serve the good people of Pennsylvania with fidelity in times full of alarming dangers and perplexing difficulties." They say, "The situation of public affairs is since so greatly altered, that we now think ourselves justifiable in removing the restrictions laid upon you by those instruc- tions."
1 On this same day the House adjourned over to 26th of August; on 28th of that month to 23d of September, and died out in three days more.
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HISTORY OF INDEPENDENCE HALL.
They recapitulated their reasons. They avow that the happiness of these colonies had been their first wish during the whole course of the fatal controversy, reconciliation with Great Britain their next; but that at this time all hopes for a reconciliation on reasonable terms were extinguished.
Within a few days, there met at Carpenters' Hall a body of repre- sentative men called " The Provincial Conference." It was composed of committees sent from the various counties of Pennsylvania, the re- sult of the meeting (we have already attended) in State House Yard, to determine what action should be taken by the people of Pennsyl- vania under the Resolution of the Continental Congress for suppressing all authority under the Crown of Great Britain. After promptly re- solving upon a call for a Constitutional Convention, they unanimously, on 24th June, the eve of adjournment, for their constituents and them- selves, declared their " willingness to concur in a vote of the Congress declaring the United Colonies free and independent States."
On the 28th of June the Committee of Congress submitted to that body their draft of the Declaration of Independence. It was necessarily permitted to lie over.
The day fixed for final action upon the momentous question itself, the first of July, now rapidly approached.
The constituted authorities of Pennsylvania had, as we witnessed, withdrawn their restrictive instructions, to enable their representatives to concur in the voice of the majority of the colonies. This fact, to- gether with the expression of the popular will indorsing and empha- sizing the action of their representatives, was laid before Congress.
Delaware, on 14th June, also had taken parallel action with Penn- sylvania.
New Jersey on 21st, and Maryland on 28th June, had specifically authorized their delegates to concur in declaring Independence, and their action was also laid before Congress.
The South Carolina delegates had long been left untrammeled,' it
1 William Henry Drayton, President of the Provincial Assembly of South Caro- lina, in February, 1776, was desired to thank the returned delegates, Middleton, Gadsden, and John Rutledge, for their action in Congress.
"It became your business to ascertain the rights of America . . .. to make humble representations to the King for redress, and he being deaf to the cries of his American subjects, to appeal to the King of kings for the recovery of the rights of an infant people, by the Majesty of Heaven, formed for future empire, . . . . what- ever may be the issue of this unlooked-for defensive civil war in which unfortu-
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THE INITIATION OF INDEPENDENCE. .
being discretionary with the majority, or even a single delegate (should he alone be present), to concert, agree to, and execute every measure which they or he, together with a majority of the Continental Con- gress, should judge necessary for the defence, security, interest, or welfare of South Carolina in particular or America in general.
New York, alone, remained unresponsive. Her restrictive instruc- tions were still unrepealed. The New York Provincial Congress, on motion of John Jay, unanimously resolved that the people of that province had not given authority, either to that Congress or to the delegates to the Continental Congress, to declare independency of Great Britain ; and therefore they appealed to all the freeholders to give instructions at the ensuing election to their deputies, and to vest them with authority in the premises. At this time George Clinton, Henry Wisner, William Floyd, Francis Lewis, and John Alsop,1 were actually present in Congress. The last mentioned was decidedly op- posed to the measure, while Mr. Wisner was as earnestly in its favor, but he himself tells us that he had received the instructions of his constituents (not to concur in declaring independency), and that he would faithfully pursue them.
Thus stood affairs, when, on the first day of July, Congress again resolved itself into a Committee of the Whole to take into considera- tion the " Resolution respecting Independency," the declaration itself being referred to the same body.
" After some time the President resumed the chair, and Mr. Harri- son reported that the Committee had come to a resolution which they desired here to report, and to move for leave to sit again."
It appears that in the Committee of the Whole, in addition to those States so voting previously, the delegates from New Jersey and from Maryland had given their voices in favor of, while the Pennsylvania and
nately, though gloriously, we are engaged, - whether independence or 'slavery, - all the blood and all the guilt must be imputed to British and not to American coun- sels."
A few days subsequently the new and liberal instructions were given the delegates, as stated in the text.
1 Fac-simile signatures of two of these delegates are given, since they are not affixed to the engrossed Declaration.
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HISTORY OF INDEPENDENCE HALL.
South Carolina vote had been given adversely to, the Resolution.1 The vote of Delaware was lost, owing to the difference of views held by the only two members in attendance, Messrs. Mckean and Read. The - New York delegates asked, and obtained, permission to withdraw from the vote. "At the request of a Colony, the determination of the Resolution was put off till the next day," Mr. Rutledge, it is said, stating that he believed his colleagues, though they disapproved of the Resolution, would join for the sake of unanimity. Mr. McKean un- doubtedly promised the attendance of a third delegate to give the casting vote of his State.
Thus stands the record : -
" TUESDAY, JULY 2d, 1776.
" THE CONGRESS RESUMED THE CONSIDERATION OF THE RESOLUTION REPORTED FROM THE COMMITTEE OF THE WHOLE, WHICH WAS AGREED TO AS FOLLOWS : -
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