USA > Pennsylvania > Lives of the governors of Pennsylvania : with the incidental history of the state, from 1609 to 1873 > Part 24
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In 1787, the Constitution of the United States was sub- mitted to the several States for ratification or rejection. It had met violent opposition in the Convention where it was framed, and many of its provisions were discussed with much heat in the public journals. It was only by the exercise of a sublime moderation and prudence by the leaders in the Convention that it was finally adopted. Opposition was anticipated in the ratifying Conventions. The friends of the instrument were active in magnifying its excellencies and in defending what were deemed its defects. Especial care was exercised in electing the ablest and most prudent men as
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delegates. Chief-Justice Mckean was a member of the Pennsylvania Convention, and took a leading part in favor of its adoption. In the course of the debates which occurred, he delivered an elaborate and exhaustive argument upon the results which were likely to follow if it should prevail. In concluding his appeal, he said : "The law, sir, has been my study from my infancy, and my only profession. I have gone through the circle of office, in the legislative, executive, and judicial departments of government; and from all my study, observation, and experience, I must de- clare that, from a full examination and due consideration of this system, it appears to me the best that the world has yet . seen. I congratulate you on the fair prospect of its being adopted, and am happy in the expectation of seeing accom- plished what has been long my ardent wish,-that you will hereafter have a salutary permanency in magistracy and stability in the laws."
The Constitution of the State, adopted in 1776, proving defective, in 1789 a convention met for remodelling it, or framing a new one. A single Assembly and an Executive Council without a head capable of interposing a negative upon legislation, was in many respects inefficient. Two Houses of Assembly, with a single Executive clothed with the veto power, were advocated and finally substituted. The principal discussion was carried on in committee, and over this Judge McKean presided. Cut off thus from mingling freely in the debates, he contented himself with voting in favor of the fea- tures indicated above, only claiming the floor upon points of special importance. IIe opposed all unnecessary alterations. "In general," he said, "I dislike innovations, especially in the administration of justice; and I would avoid tampering with constitutions of governments as with edge-tools." One of the most important features embodied in the new Consti- tution, and the one for which its framers will deserve the thanks of successive generations, so long as its beneficent pro- visions are permitted to hold sway, was that " for the estab- lishment of schools throughout the State, in such a manner
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that the poor may be taught gratis." This proposition was introduced and advocated by Judge McKean.
In 1799, the election for Governor resulted in the choice of Judge Mckean; whereupon he laid aside the judicial robes, which, for nearly a quarter of a century, he had worn with becoming dignity, and assumed those of the guberna- torial office. In politics he belonged to that school of which Mr. Jefferson was a leading exponent, and the election of the latter was a result of the movement begun in the choice of McKean in Pennsylvania. In reply to an address made to him by an assembly of citizens soon after the result of the election was known, he said: "The Constitution of the United States, and of Pennsylvania, shall be the rule of my government; the security of persons, property, liberty, and reputation, my chiefest care ; and my best endeavors shall be exerted to fulfil all your reasonable and just expectations." In a letter to Mr. Dickinson, written not long after being settled in office, he says: "Though my situation in life is changed, my cares remain : I have never had greater employ- ment for body and mind, than for the last six months, unless when I was President of Congress. I have waded through a sea of troubles, and surmounted my principal difficulties. I have been obliged (though no Hercules) to cleanse the Au- gean stable, with little or no aid; for I am my own minister and amanuensis. A Governor of Pennsylvania has more duty to perform than the President of the United States, or any other Governor in the Union." The particular labor which he refers to in this passage was one which occasioned sharp criticism. The doctrine that in politics " to the victor belong the spoils," was not at that time well established. The early virtues of the republic, which recognized merit in political friend and opponent alike, were not yet entirely dis- carded. But it was beginning at this period to be warmly espoused, and McKean did not hesitate to act largely upon it, and to openly defend his course. In a letter to Mr. Jefferson, in July, 1801, then President of the United States, he says : " It appears that the anti-Republicans, even those in office, are as
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hostile as ever, though not so insolent. To overcome them they must be shaven, for in their offices (like Samson's hair- locks) their great strength lieth; their disposition for mis- chief may remain, but their power of doing it will be gone. It is out of the common order of nature, to prefer enemies to friends; the despisers of the people should not be their rulers, nor men be vested with authority, in a government which they wish to destroy. A dagger ought not to be put into the hands of an assassin .- Sayings of this import are in the mouths of everybody; and self-preservation seems to demand some attention to them."
His purpose in removing opponents was not to make places merely for political friends, but to secure efficiency and harmony to his rule. For when the affairs of his admin- istration once became settled, he did not adhere exclusively to his own party in making his appointments, but selected from among his political opponents when he could thereby secure a man of greater usefulness. He twice elevated to the position of Chief Justice of the State, gentlemen whose po- litical views were adverse to his own.
During his third and last term of office the Governor was subjected to very severe criticism for some of his official acts, and some alleged to have been committed. Party feeling was never more bitter than at that time. It is doubtful if more acrimony has ever been evinced. Finally, the Assembly preferred articles of impeachment against him. They were chiefly allegations of political offences. They were referred to a committee, and the reports made were debated from time to time, but he was never brought to trial, and finally, as an answer to the charges made and the report of the com- mittee, he submitted to the Assembly an elaborate paper de- fining in a most lucid manner the powers and duties of the several branches of the government, legislative, judicial, and executive, and defining clearly impeachable offences. This replication was read and ordered by a considerable majority to be entered upon its minutes, and thus the subject rested. The paper which was drawn forth from the Governor is re-
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garded with great favor by professional men, and is quoted as authority upon the questions of which it treats.
The Governor was always an earnest advocate of common- school education. As already noticed he introduced the clause into the Constitution authorizing the establishment of a system, and he lost no opportunity of urging the Legisla- ture to action, as his predecessor Governor Mifflin had done before him. In his message of November, 1800, he said : " Considering the diffusion of useful knowledge among the people to be the best auxiliary to the administration of a free government, allow me, gentlemen, to remind you of a con- stitutional injunction, ' That the Legislature shall, as soon as conveniently may be, provide by law for the establishment of schools through the State, in such manner, that the poor may be taught gratis.'" This recommendation he continued to iterate ; but the contentions of party, and the making of provision for the State and national debts consequent upon the war, prevented action from being directly taken thereon.
At the expiration of his third term, after having been ele- vated to offices the most honorable and dignified known to government, and enjoyed the confidence of his fellow-men in a manner unprecedented in the history of politics, he retired altogether from public employments. In his final message to the Legislature, he said : "In my last personal communica- tion to the Legislature, probably in the last important public act of my life, I shall be indulged, I hope, in claiming some credit for feelings corresponding with the solemnity of the occasion. It has been my lot to witness the progress of our country, from a Colonial to a national character, through the ordeal of many trials in peace and in war. It has been my hap- piness to enjoy the favor and the confidence of our country, in the most arduous, as well as in the most auspicious stages of her political career. Thus attached by every tie of honor and of gratitude, by all the motives of social interest and af- fection, I contemplate the future destinies of our country with a proud but an anxious expectation. My day of exer- tion (of feeble exertion at the best) is past ; but for our fel-
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low-citizens, and for their representatives in every department of the government, I can only cease to implore the blessing of Providence when I cease to exist."
Governor Mckean had always preserved an abiding friend- ship for John Adams. In the trying days of the Revolution they had been in close political accord. In a letter from Mr. Adams, written in 1812, the following testimony to this is borne. "Nearly thirty-eight years ago our friendship com- menced. It has never been interrupted, to my knowledge, but by one event. Among all the gentlemen with whom I have acted and lived in the world, I know not any two, who have more uniformly agreed in sentiment upon political prin- ciples, forms of government, and national policy, than you and I have done, except upon one great subject; a most important and momentous one, to be sure : that subject was the French Revolution. This at the first appearance of it you thought a ' minister of grace;' I fully believed it to be a 'goblin damned !'" In his reply to this, Governor Mckean said : " I declare, with pleasure, and also with pride, that I embraced the political sentiments of none, with more satisfaction (being congenial with my own) than yours; nor do I recollect a single question on which we differed. It is true I was a friend to the Revolution in France, from the Assembly of the Notables (1787) until the king was decapitated (1794), which I deemed not only a very atrocious, but an absurd act. After that, I remained in a kind of apathy, with regard to the leaders of the different parties, until I clearly perceived that that nation was then incapable of being ruled by a popular government; and when a few, and afterwards an individual, assumed despotic sway over them, I thought them in a situa- tion better than under the government of a mob; for I would prefer any kind of government to such a state; - even a tyranny to anarchy. On this subject, then, I do not conceive we differed widely. I do assure you that I venerate our early friendship, and am happy in the continuance of it."
In a letter to Mr. Adams, written in June of the same year, he said : " Three years ago I shook hands with the world, 20
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and we said farewell to each other: the toys and rattles of childhood would, in a few years more, be probably as suit- able to me, as office, honor, or wealth; but (thank God) the faculties of my mind are, as yet, little, if anything impaired, and my affections and friendships remain unshaken. Since my exemption from official and professional duties, I have enjoyed a tranquillity never (during a long, protracted life) heretofore experienced; and my wealth and comforts are sufficient for a moderate man."
For a man of so varied and such great labors his ler gth of life was remarkable, and illustrates the maxim that sloth, like rust, consumes faster than labor wears. He died on the 24th of June, 1817, aged eighty-three years, two months, and sixteen days, and was buried in the grounds of the Presby- terian church in Market Street, Philadelphia. "In person," says his biographer, " Mr. Mckean was tall, erect, and well proportioned. His countenance displayed, in a remarkable manner, the firmness and intelligence for which he was dis- tinguished. His manners were impressive and dignified. In the month of July, 1762, he married Mary, the eldest daughter of Joseph Borden, Esq., of Bordentown, New Jer- sey, who died in February, 1773, leaving two sons and four daughters, the youngest of whom was only two weeks old. On Thursday the 3d of September, 1774, he was again united in marriage to Miss Sarah Armitage, of New Castle, in Delaware; five children were the offspring of this union."
Of Mr. McKean's character, none knew better than the great compatriots with whom he acted, and who have left ample testimony. Mr. Jefferson, in a letter written in April, 1824, but two years before his own death, says of him, " The general remembrance can never be obliterated, that he was among the soundest and most zealous of the republicans, with whom it has been my fortune to act through life." And President John Adams, in a letter written in the same year to Mr. McKean's son, says : " Your father and Cæsar Rodney were among the Patrick Henrys, the Christopher Gadsdens, the Thomas Jeffersons, the Samuel Adamses, the Roger
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Shermans,- the best tried and firmest pillars of the Revolu- tion." In the course of his life Mr. McKean was made a member of many learned societies, and associations devoted to the amelioration and advancement of mankind. In 1781, the degree of Doctor of Laws was conferred upon him by the College of New Jersey, and in the following year the same degree was conferred by Dartmouth College, New Hampshire. The Trustees of the latter institution, in communicating the bestowal of the honor, said: "Impressed with an exalted opinion of those singular talents which nature has allotted you ; of those acquirements which you have gained by appli- cation; and of that patriotic virtue, which has remained in- flexible through the storms of adversity, the honorable Board of Trustees of this University request your acceptance of a feeble testimonial of your merit."
It is rare, and perhaps unexampled, that a man has public offices heaped upon him as they were upon Thomas Mckean. He was President of Delaware, and Governor of Pennsylva- nia; member of Congress from Delaware for a period of over eight years, and Chief Justice of Pennsylvania for twenty- two, - offices each in itself of sufficient dignity to satisfy the ambition of the most gifted; and yet to him they seemed appropriately awarded; for in an age of giants he appeared among the most conspicuous. The services of such a man are the proud heritage of Pennsylvania, a heritage that illu- mines some of the brightest pages of her history.
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SIMON SNYDER,
GOVERNOR UNDER THE CONSTITUTION OF 1790, December 20, 1808, to December 16, 1817.
A 'T an early day German emigrants to America very gen- erally settled in Pennsylvania. Of all the Colonies this had the greatest proportion of German population. Simon Snyder was the first Governor selected from the descendants of that nationality. He was, too, the first who was taken from the ranks of the laboring class, having risen by toil from the most humble beginning, and known by experience the hard lot of the lowly.
He was born at Lancaster, on the 5th of November, 1759. His father, Anthony Snyder, was a respectable mechanic, who came to America from the Palatinate, in 1758. His mother, whose maiden name was Knippenberg, was born near Oppen- heim, Germany. Of five children, the offspring of this marriage, Simon was the fourth. The father died in 1774, and two years after, the son, then at the age of seventeen, removed from Lancaster to the town of York, in the adjoin- ing county, where he remained for eight years. Here he learned the business of a tanner and currier, serving faith- fully an apprenticeship of four years, without being bound by any indenture or written agreement, evincing thus early a steadfastness of character, and a faith that was auspicious. At a night school, kept by John Jones, a worthy member of the Society of Friends, he was taught reading, writing, and arithmetic, and made some progress in higher mathematics. His industry at this period was very great, and often at the midnight hour, after a hard day's work, he was still at his books, and his Sundays were usually devoted to study.
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In July, 1784, he removed to Selinsgrove, then Northum- berland County, since Union, now Snyder, the two latter having been successively erected out of territory of the for- mer, and the last having been named in honor of that then nameless young man. Here he opened a store, and became the owner of a mill. By his good sense and excellent busi- ness habits, he soon acquired influence with his fellow-men, and was often consulted in questions of difficulty. He had acquired a knowledge of the simpler legal forms, and was frequently employed as a scrivener. Quiet and unassuming in deportment, he was still ever ready to interest himself in behalf of the poor and those in distress. Recognizing his admirable fitness for the position, he was finally elected unani- mously by the freeholders of a large district, a Justice of the Peace, and for twelve years continued to officiate with great acceptability. So universally were his decisions respected that no appeal was ever made from any judgment of his to the Court of Common Pleas, and but a single writ of certiorari was sued out in all that time, though the inhabitants were of that restless class which are always in the lead in the tide of civilization. In the numerous actions brought before him for petty criminal offences, his efforts to reconcile the contending parties so generally prevailed, that he made return to the court of but two recognizances.
In 1789, Mr. Snyder was elected a member of the conven- tion which framed the State Constitution of the following year, and though but a novice in politics, and little skilled in the management of deliberative bodies, yet his votes and his personal influence were uniformly given in the interest of enlightened statesmanship, and he showed himself, as we might anticipate, a conscientious and painstaking represen- tative of the popular will.
In 1797, he was elected a member of the House of Repre- sentatives, of which body, in 1802, he was chosen Speaker. The duties of this office, he was enabled, by his ready memory and strong native sense, to discharge with great acceptability. While he was in the chair, was passed the Act commonly
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known as the Hundred Dollar Act, which originated with him, and of which he was a warm advocate. It embodied the arbitration principle, and provided for the trial of causes where the amount in question was less than one hundred dol- lars, before a justice of the peace. McKean, who was then Governor, opposed this measure, and though the party in the Legislature which passed it was the party which had elevated him to power, the controversy over it was spirited and bitter, producing an estrangement, which, being aggravated by other differences, finally resulted in the complete severance of party ties, the Governor identifying himself with the Fed- eralists, and the Jefferson Democrats, or Republicans as they were then called, repudiating him entirely.
Snyder continued to preside over the House until 1805, when, by his energy and sturdy qualities exhibited in cham- pioning the Hundred Dollar Act, and other measures, being recognized as a fit leader on a broader theatre, he was nomi- nated for Governor in opposition to McKean. The latter was elected by barely five thousand majority, but the excellent run made by Snyder demonstrated unmistakably that he was strong with the people. He continued to be elected to the House and to be annually selected as its Speaker until 1808, when he was again nominated for Governor, the oppo- site party being led by James Ross, of Pittsburg, a man of the greatest respectability and eminence. The result was the election of Snyder by a majority of over twenty-four thousand votes. He was re-elected in 1811, and again in 1814, by overwhelming majorities, serving the full constitu- tional period of nine years.
Early in his administration, Governor Snyder found him- self in conflict with the national authority, in a controversy which grew out of a Revolutionary claim ; and had a less prudent and judicious man been in the gubernatorial chair, it might have resulted in the most serious consequences. Four American seamen had been taken on board the British ship Active, on its way from Jamaica to New York, in the year 1778, who, when off the coast of Delaware, overpowered
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the officers and the rest of the crew, and were taking their prize in, when it was seized by Captain Houston, of the American ship Convention, who took it to port, and libelled it for himself, seamen, and State of Pennsylvania. Gideon Umstead, one of the four seamen, resisted this action on the part of himself and fellows. The case went to a jury, where it was decided that Umstead and his associates should have one-fourth of the prize money, and the other party the re- mainder. To this Umstead would doubtless have acceded ; but at this juncture Benedict Arnold, then in command in Philadelphia, bought the claim of the four seamen, and had application made to Congress for revisal of the judgment of the Pennsylvania Court of Admiralty. This was effected, and the entire prize money was awarded to the four seamen. For his connection with this case, Arnold was first suspected of a treacherous character. The three-fourths of the prize money, according to the decision of the Pennsylvania Court, was guaranteed to the original claimants; and this the Governor felt himself bound to execute. But before any collision occurred, he transmitted the record of the pro- ceedings of the Legislature in the case to President Madison, who made the following reply, dated April 13th, 1809: " SIR, - I have received your letter of the 6th instant, accompanied by certain Acts of the Legislature of Pennsyl- vania, which will be laid before Congress according to the desire expressed. Considering our respective relations to the subject of these communications, it would be unneces- sary, if not improper, to enter into any of the questions con- nected with it. It is sufficient in the actual posture of the case to remark, that the Executive of the United States is not only unauthorized to prevent the execution of a decree sanctioned by the Supreme Court of the United States, but is expressly enjoined by statute to carry into effect any such decree when opposition may be made to it. It is a propi- tious circumstance, therefore, that whilst no legal discretion lies with the Executive of the United States to decline steps which might lead to a very painful issue, a provision has
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been made by the legislative act transmitted by you, adequate to the removal of the existing difficulty; and I feel great pleasure in assuring myself that the authority which it gives will be exercised in a spirit corresponding with the patriotic character of the State over which you preside. Be pleased, sir, to accept assurances of my respectful consideration."
The issue of the case is thus briefly and clearly stated by the Governor in his annual message to the Legislature of 1810 : " On the 27th of February last, the Executive commu- nicated to the Legislature that, in consequence of proceedings had in the Supreme Court of the United States, an attach ment would be issued against the executrices of the late Mr. Rittenhouse, formerly Treasurer of this State, to compel them to pay to Gideon Umstead and others, the money which they had paid into the State Treasury, in obedience to an Act passed the 2d day of April, 1803, which Act, in the name of this Commonwealth, guaranteed an indemnification to the said executrices from any process whatever issued out of any Federal Court, in consequence of their obedience to the pro- visions of that Act. In that message the Executive informed the Legislature that he was making arrangements to call out a portion of the militia, that being the only means in his power to carry into effect the Act of 2d of April, 1803. Orders were accordingly transmitted to the Adjutant-General, inclosing the appointment of General Michael Bright, and his orders, which were laid before the Legislature, March 2d, 1809. On the 24th day of March, the General stationed a guard at the houses of the executrices. On the 25th day of March, the Marshal of the district was resisted by the militia, and prevented from entering the houses of the executrices. That officer afterwards issued notices calling out a posse comi- tatus, to assist him in executing this attachment. Previous to the day on which the posse was ordered out, to wit, on the 15th of April, the Marshal eluded the vigilance of the guard and arrested one of the executrices. A habeas corpus before the Chief-Justice was taken out in her name by the Attorney- General. . The Chief-Justice refusing to liberate the
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