USA > Pennsylvania > Pennsylvania, colonial and federal : a history, 1608-1903, Volume Two > Part 13
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During the period of which we write McKean was fairly in- stalled as Mifflin's successor. Vigorously supported by Duane and the "Aurora," by Gallatin, Dallas, Findley, and a large number of zealous adherents, his course seemed to be clear. His party at last had become clearly and strongly established with a well de- fined policy. In State matters there was little of an absorbing na- ture, and national issues were allowed to control in affairs of the Commonwealth. McKean in turning out his opponents and put- ting in his friends did not hesitate to remember his relatives, and this was subsequently raised against him as a distinct issue, and one which he was called upon to meet. Duane's close relations with the President and with Mckean naturally aroused the jealousy of the lesser powers. For a long time Dr. Michael Leib (who was destined to become a conspicuous figure in Pennsyl- vania history) and Duane were warm friends; they thought and acted in harmony. In 1802 Leib was nominated for Congress, but not without strong, determined opposition to his candidacy.
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William Howe
Commander light infantry under Wolfe at Heights of Abraham, 1759; commander-in-chief British forces in America, 1775-1778; won bat- tle of Brandywinc, 1777, and captured Philadel- phia; repulsed Washington's attack at German- town; the "Meschianza" was given in his honor by his officers and the tories upon his departure for England, 1778
McKean's Administration
Among those who were especially active during this canvass was A. J. Dallas, who in a few years was to lead the opposition to Duane.
In order to appreciate more fully the condition of things which existed about this time, it may be said that political forces and influences had for the first time made their appearance in State affairs during Governor Mifflin's time, but had not become firmly rooted until his successor had taken up the reins of government. Parties were the natural result of divided political sentiment, and with their creation the victors in every contest loudly asserted the claim that the spoils of office belonged to them; and from that time to the present this sentiment never has abated, but has stead- ily become intrenched more firmly, year after year, until now it has become a powerful incentive to party and individual effort in every election, whether national, State or local. Throughout the long period of the provincial government the holding of office was regarded as a trusteeship of the public welfare in which per- sonal advancement was not considered. Under the provisions of the informal though effective constitution of 1776, there was little attempt at political manipulation, because nothing was to be gained by office-holding ; and it was not until after the adoption of the federal constitution and the division of the people into political parties that the leaders began their work of manipulation upon the principle which still obtains. "To the victor belongs the spoils."
In Mifflin's time as Governor of this State the germ sprang into organism and under his successor the harvest was full ready for the sickle; and the reapers, the politicians of that day, proved themselves industrious husbandmen in their special field of action. Mifflin as a Federalist naturally surrounded his administration with advisers and public officials who held to views in harmony with his own, and when Mckean succeeded to the gubernatorial chair it was only to be expected that a new set of officers would fill the more important places in State government, but the alacrity
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with which the political leaders availed themselves of the oppor- tunity then presented caused surprise in every circle, and the sweeping away of every vestige of the former administration only intensified party feeling and afforded ample material for the bitter newspaper contests of the period.
The chief figures in these scenes as a rule were not persons high in authority, although all official circles were influenced by their actions ; the principal actors were the politicians and political editors, who then fed upon the same food that now fattens those who assume to dictate concerning the disposition of political spoils. Thus it was during the early years of our State history, under the constitution of 1790, there was little real progress until after the close of the second war with Great Britain. It was an era of political events in which many and often conflicting ele- ments were involved, and in which, also, there appear factors who were not a part of the political structure of the State, yet who in a way shaped its affairs and controlled its policy.
But it cannot be said that this was an era of non-progression in the settlement and growth of the State, in the development of its resources, and in the intellectual and moral development of its people. Various unseen forces were quietly at work producing good and lasting results, and while political strife and discord for a time held sway and were paramount in the public attention, the other and better influences were gradually working toward the surface; and when, after the close of the war of 1812, political issues were made of secondary importance in the public welfare, and reasoning minds were directed in other channels of thought and action, those hitherto unseen forces naturally developed into actual life and became the mainstay and support of the people in their desire for peace and future prosperity.
McKean's first term of office as governor ended in 1802, and the record of his administration passed into history with much to his credit and little comfort to his enemies, although they had striven to beset his political pathway with every possible difficulty.
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of some of political leaders availed members of the oppot- man presented ciused surprise it every orele, and the 00.y of ever vestige of the former umnn istration only odd party feeling and afforded anple material on the bitter 0 ntests of voe period.
hier figure m these scenes as a file were not persons Mro othority, donough all official ci were influenced by lions ; the principal actors were the politicians and political mowa who then fel upon the same food that now fattens those Ah bonne to wictate concerning the disposition of political would Thus it was during the early years of our State history, under the constitution of 1790, there was little real progress until aller the close of the second war with Great Britain. It was an era of political cken's in which many and often conflicting ele- ments eremored, and in which. also, there appear factors who were hot a part of the political structure of the State, yet who in a way shaped its afan of controlled ins policy.
But it cannot be not to i this was an era of non-progression on the settlement and google of the State, in the development of ils resources, and in th 1 1.den chAl development of its people. Various insection were quick af work producing god and lasting restilt . political lyif for time held sway and y rer ne unt in the ond
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issues were made of scorm importance in the public y elfare, col reasoning mind, wer heard in other channels of thought And ction, Bose bitheri. now forces naturally developed into actual bfe and became the www wor and support of the people in freir de irc for peace and funwe wisperity.
Mckean's first term of dans governor filed in 1802, and the record of his administratif posed inte lupory with much to Www credit and ittle comfort @ hs enemies, though they had women to beser his political pathway with every possible difficulty.
Lambertin Line.
Etched by Albert Rosenthal
Copyright by The Pennsylvania Historical Publishing Arm, Phela. 1903.
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McKean's Administration
He, sensitive in his nature, at times was seriously depressed by the sharp criticisms put upon him, but he rose manfully above them all and was the successful candidate of his party for re- election, his opponent being James Ross, who received only 17,125 votes, a little more than one-third of the total vote of the State. At this time Ross was a conspicuous figure in State history and
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LaFayette's Headquarters, Chadd's Ford
Engraved especially for this work from a nega- ative by Louise D. Woodbridge
stood for the best principles of the Federal party, but now that party had lost much of its strength, had neglected to nominate candidates for all offices and evidently had concentrated its forces for the gubernatorial contest in which it met such disastrous de- feat. Mckean was a strong candidate and received the united Republican and Democratic support ; Ross was equally strong as a
2-12
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man and as a candidate, but his party was weak and its principles were unpopular with the people.
McKean's re-election in 1802 was a splendid vindication of his administration and of his personal integrity of character; and of the latter in particular, for articles of impeachment had been pre- ferred against him, although they never were pressed, being more for the purpose of crushing his administration than punishing him for malfeasance in office. It is true that his political henchman had ruled with high hand in turning opponents out of office and replacing them with friends of the Governor; it is true that Mckean frequently was ill-advised and allowed himself to be swerved from the path of strict duty through the importunities of those about him, but no man could truthfully claim that the second Governor of our State committed any act in office which made him amenable to the law of impeachment.
However, in the heat of political contests in the early history of the great parties such proceedings as that above narrated were not infrequent, and even members of the State judiciary were made to feel the weight of political vengeance. In this respect the attempted impeachment of Judge Addison is in point, but its details are unnecessary in this place, and the reader will content himself with an extract from Judge Addison's address in his own defense, as illustrative of the tendency of the time when political animosities so swayed men's minds as to impel them to adopt extreme measures in accomplishing their purposes.
On the occasion referred to Judge Addison said : "In vain does the constitution prescribe that the judges shall hold their office during good behavior with their salaries undiminished, if the legis- lature may harass them with frivolous impeachments, or arbitrary addresses for removal. These are abuses of legislative authority, frauds upon the constitution and oppression of the judges. It is destroying the protection of the people, for it is humbling, de- grading and enervating a power established for the protection of the people. It is removing all motives to a manly and useful exer-
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cise of judicial authority, and teaching the judges a tame, obse- quious spirit of sycophancy and base compliance. It is making the judges ready tools of every reigning party, and reigning passion, . prostitutes to popularity and fluctuating slaves to influence."
Elsewhere he says : "Beware of considering the prevailing clamor of the day as the steady, solid, permanent voice of the people, or the present domineering demagogue as the people's steady, per- manent friend or favorite. * The party which one year is triumphant may be defeated and prostrate the next, and the persecuted man may turn on the persecutor and avenge the injuries of the proud day of prosperity. Set not an example of converting your government to a shifting scene of giddy revolution, where every officer is but the pageant of a day, just showing himself and vanishing. * Prostitute not the power of impeachment to trivial occasions, or you will render it contemptible. Reserve it, as it ought to be reserved, for high crimes and misdemeanors."
In the same year ( 1803) a petition was presented for the im- peachment of Justices Shippen, Yeates and Smith, of the Supreme Court, upon the address of Thomas Passmore, the article charging oppression and false imprisonment, the complainant having been committed for contempt of court. The matter was considered in the Assembly, and the House recommended that the court be im- peached for high misdemeanors. Accordingly articles "were pre- pared and the impeachment was sent to the Senate," and upon final consideration by that body thirteen senators voted for and eleven against the accused justices. Hence the impeachment failed in that a two-thirds vote was necessary to sustain it. In this pro- ceeding the chief point in contention was the extent to which the common law of England was applicable or in force in Pennsyl- vania, whether the justices had exceeded their authority in con- struing its provisions and harmonizing them with the statutes then in force, and also with peculiar exigencies of the case out of which the impeachment had grown. As an element of State history the affair of the impeachment of the justices was of minor importance,
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but in its relation to the jurisprudence of the Commonwealth it was a subject of great moment, and was discussed and com- mented upon in all the populous States of the country, as the beginning of a movement to set aside the strict teachings of Eng- lish common law and to establish precedents applicable to our own necessities without especial regard to those which originally had
First Engraved Arms, 1777
been imported from the mother country. The time had come when an independent judicial system in this State was made neces- sary, and this was one of its beginnings.
In considering the political aspect of the impeachment pro- ceedings it may be said that Justices Shippen, Yeates and Smith belonged to the Federalist party, and one object in impeaching them doubtless was to make places for their opponents. About this time Judge Brackenridge said that although he was not on the bench at the time of the affair, he wished to express his ap- proval of the action of the justices ; and for this candid utterance he was called upon to answer, for two-thirds of both houses of the legislature addressed the Governor requesting his removal; which was promptly refused.
Undoubtedly, during this period of our history there were many abuses of the judicial power, and partisanship also may have been a factor in provoking impeachment proceedings without just discrimination as to the true character of the alleged offenses against the established forms of law; but at that particular time there was little sympathy with anything that savored of English
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customs of law, except in ultra Federalistic minds, and the ma- jority favored the establishment of an independent American system of government in every department. To remedy some of the alleged evils in the judicial system, various expedients were suggested, and the legislature did pass an act for facilitating court proceedings through arbitrators; but the measure was not ap- proved by the Governor, whereupon a demand was made for an- other constitutional convention to correct the supposed imperfec- tions in the judicial system and also to limit the powers of the executive. Nothing, however, was accomplished at the time, but in due season the system of government was regulated to suit existing conditions and to provide for future contingencies.
Governor McKean had opposed another constitutional conven- tion, had strongly opposed the impeachment of the judges, and his position in the matter provoked serious criticism of his course among his political opponents, and likewise brought upon him the censure of many of his party friends who championed the "spoils of office" system. But true to his convictions of right, he stood firm and unyielding and was ready to sacrifice friendships rather than abandon a right principle. He was not the enemy of the people's liberties, but he was a believer in law and obedience; but his determined methods and his evident dislike of partisan legis- lation increased the opposition to his administration. His refusal to sanction the call for another constitutional convention created a storm of ill feeling and even the "Aurora" was found on the side of the opposition to his course. In a recent message the Governor expressed his views as follows: "The organization of the judicial power of Pennsylvania has been long and fairly condemned. But there is not a defect suggested, from any quarter, which the legis- lature is not competent to remedy. The authority of the judges may be restricted or enlarged. The law which they dispense, whether statute law or common law, may be annulled or modified. The delay of justice may be obviated by increasing the number of judges in proportion to the obvious increase of judicial business,
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or by instituting local tribunals, where local cases demand a more constant exercise of jurisdiction. With this view of the subject and anxious to destroy every pretense for an attack upon our con- stitution I pray you, gentlemen, to engage head and heart in every necessary, in every salutary reform."
Although the constitutional convention was not held, the proposition found many supporters in all parties, and a society of "Friends of the People" also was organized to aid in the work. Again, out of the peculiar condition which resulted from divided public sentiment about this time, a new political party was created, comprising those who were not favorable to the constitutional amendments and certain members of the Federal and Republican parties. The new party took the name of the Constitutional Re- publicans, and was also called "Tertium Quids."
Under the changed conditions Mckean's friends knew that the Duane influence would now seek to defeat his renomination for Governor if possible. The nomination of Governor then was made by a legislative caucus. Duane had settled on Snyder, who was then Speaker of the House, and was supposed to be especially popular among the Germans, from whom it was expected a gener- ous support would be drawn.
On the organization of the new party Peter Muhlenberg was elected president and Mathew Carey secretary, but the controlling spirit was Dallas. He was still serving as secretary of state and was familiar with all the politics and politicians of the State. But he was not the man to quietly endure the dictation of Duane. He replied in the strongest terms to the reasons for calling a constitu- tional convention, and his published address was one of the most forceful of his productions. It gave evidence of a lofty spirit and was a severe arraignment of the methods and purposes of those opposed to the Governor.
The legislative nominating caucus at Lancaster dissolved in confusion, some members urging the renomination of Mckean. while others as warmly favored Snyder. The "Freeman's Jour-
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nal" characterized Snyder as a Pennsylvania "Dutchman," and in- timated that even the "Aurora" did not give him a very hearty sup- port. The campaign was highly spirited. The Constitutionalists tried to win the young men who had been expelled from the Tan- many society, and issued 25,000 copies of their address, which was written by Dallas and was translated into German. Numerous branch societies were formed in different counties to sustain the cause, and the contest became very warm. One of the most prominent supporters of Snyder was John Bemis, who edited the "Republican Argus" at Northumberland. Like Duane, he was of Irish birth and parentage, and after coming to America he became a conspicuous figure in Pennsylvania history. His wife was a daughter of Dr. Priestley.
The Republicans miscalculated on the German support of Snyder in 1805, for Mckean received 43,544 and Snyder 38,483 votes, and the successful candidate once more found himself sup- ported by those from whom he had broken away only a few years before, while the new Constitutional Republican party soon disap- peared from view, having accomplished its mission in the re-elec- tion of the Governor. But Mckean's victory at the polls was not without subsequent losses, for soon afterward he became involved in suits for libel against Duane, Leib and others, while they, in re- taliation, presented the Governor for impeachment on charges of abuse of the executive power. This proceeding, however, was hardly more than a revival of old political troubles and was the in- spiration of envy and jealousy. After a committee of the House had investigated the charges and made its report, a vote was taken, resulting in a tie-a division on party lines, and the matter was thereupon indefinitely postponed; and the Governor's reputation was in no wise smirched through the action of those who sought to cause his downfall.
After the happening of the events just narrated an election was held in which Doctor Leib was a candidate for the Assembly and Duane for the Senate. Duane styled his opponents "The Fourth
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Coalition,-Federalists-Quads-and Quadroons." Leib was elected, but Duane went down in the storm. The "Aurora" lament- ed over this "first Federal triumph" since Jefferson's election, but it was soon followed by another at a special election to fill a vacancy in the Assembly. McKean's third term after the failure to impeach him was without important incident. In his message in December, 1806, he alluded to the defects in the judicial system and the neces- sary methods of amending them, the increase of the number of Supreme court judges, the mode of drawing jurors and the im-
Pennypacker Mills
Washington's headquarters during portions of the fall of 1777. Engraved for this work from a negative by W. H. Richardson
provement of the criminal laws. The Governor also reminded the "legislative guardians" that libeling had become "the crying sin of the nation and the times." "It is not," said he, "the licentiousness of a single press, nor the machinations of a particular party, to which, in the faithful execution of my office, the legislative atten- tion is thus directed ; the crime is to me the same, whoever may be the criminal and wherever may be the section. But it is the general prostitution of the liberty of the press; the overwhelming torrent of political dissension ; the indiscriminate demolition of public characters, and the barbarous inroads upon the peace and happiness of private individuals, which constitute in my mind a subject of the highest concern to yourselves and to your posterity.
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The fatal consequences of this public malady begin already to appear. The press has lost its uses as an instructor and a censor. Citizens of the same community are pledged to mutual hatred and persecution. All respect for the magistracy and the laws is falling into derision. Good and wise men will soon abandon the field of public service and, with a fatality not uncommon in the history of nations. the avowed friends of free representative government are arming its real enemies with weapons for its destruction."
Several of the Governor's recommendations received legis- lative attention and were enacted into laws during his official term, while others were delayed until a later period. As a whole his administration was a success, although at times he was the object of bitter and unwarranted attacks, both upon his policy and his personal integrity. Yet he rose above all petty assaults and stood firmly upon his own convictions of right and his high sense of duty. His political enemies often sought to cause his downfall and beset his path with cunningly devised pitfalls, but he avoided them as carefully as he did the various schemes pro- posed by politicians of his own party, the advocacy of which would have involved his administration in difficulties and brought upon him the condemnation of friends and foes alike.
During his term, also, much good was accomplished in the way of general progress throughout the State. The population was largely increased and settlement was extended into hitherto unoccupied localities. The public improvements originated under the preceding administration were carried into effect in several parts of the State, and in 1804 a route of transportation was in operation from Philadelphia to Pittsburg, with stations at the principal towns of Lancaster, Harrisburg, Carlisle, Shippensburg, Bedford, Somerset and Greensburg.
Among the more important legislative enactments during Mckean's term, in addition to those already mentioned, was that to provide for the regulation of the militia, which was passed in
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1802, and was one of the first laws of its kind to make elaborate provision for the establishment of a military force for the defense of the Commonwealth. This was a new and highly desirable measure, as under it the military was so organized and disciplined as to be ready for efficient service during the second war with Great Britain. The act and the proceedings under it are made the subject of special mention in another part of the present work.
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