USA > Pennsylvania > Pennsylvania, colonial and federal : a history, 1608-1903, Volume Two > Part 16
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for Governor. This was done, the convention representing four- teen counties, and Joseph Hiester, an influential and wealthy Ger- man farmer living near Reading, was nominated.
It would not have been in harmony with the past to have not attempted, at least, to impeach some judges during Snyder's administration, and accordingly, during the last session of the legislature when he was Governor, an attempt was made to im- peach the three judges of the Court of Common Pleas, consisting of the counties of Lancaster and York. The charge was that two lawyers had collected a judgment and not paid over a portion to their clients, and that the judges refused to aid the owners in collecting it, and declined to punish their attorneys for their alleged misconduct. The judges were tried in March, 1817, and were acquitted of the charge.
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CHAPTER X.
FINDLAY'S AND HIESTER'S ADMINISTRATIONS-1817-1823
N OTWITHSTANDING Hiester's support by the Federal- ists, Findlay was elected. He was born at Mercersburg, Franklin county, in 1768, of Scotch-Irish parentage. A follower and admirer of Jefferson, his introduction into office was as a brigade inspector of militia, which, in those days, was some- thing of an honor. In 1797, when in the thirtieth year of his age, he was elected to the House of Representatives. Four years after- ward he was again elected a member, and voted against the im- peachment of Justices Shaffer, Yeates and Smith. His conduct concerning Judge Brackenridge is worthy of notice. The judge addressed a letter to the House after the presentation of Pass- more's petition, requesting to be impeached, not for any act of his own, but for his approbation of the conduct of the other justices just mentioned. . The House thought that the letter was disre- spectful and referred it to a committee of which Findlay was chair- man. The committee decided against indulging the judge in his request, but, willing to gratify him in whatever martyrdom there might reasonably be for him, determined on an investigation of his official conduct and recommended the appointment of a com- mittee to prepare an address to the Governor, asking for his re- moval from office. Of this Governor Mckean, as we have seen, made short work.
In 1807 Findlay was elected state treasurer, and was con- stantly re-elected until chosen Governor. It was at that time a
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legislative office, and on some occasions he received all the votes of that body ; on all others his majority was very large.
Findlay's election as Governor was warmly contested, the Federalists supporting his opponent. His majority was 7,059, yet his opponents disputed his election, and contended that a cer- tificate ought not to be given him until the dispute was settled. The Assembly decided otherwise, his certificate was given to him and he was inaugurated. The committee that was appointed to
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Arms engraved by Lownes, 1778
consider the truth of the charges then proceeded to investigate them. Three petitions had been presented: one from Phila- delphia signed by sixty-nine persons, another from Lancaster signed by fifty-four persons, and a third from Cumberland county signed by seventy-four. Fraud, violence and corruption were charged, though no evidence was brought before the committee to sustain these charges. The petitioners stated that it was mani- fest on the face of the returns, and from a reference to the amount of taxable population stated in the last census, that the numbers were too disproportionate to be the effect of any but illegal votes.
The report of the committee consisted chiefly in combating this statement and showing that the increase in population was sufficient to cover the votes given at the election. "The number of taxable inhabitants in the State as taken in 1807 was 138,285 and in the census of 1814, 165,427, making the average annual
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increase 3,877; adding 11,631, the increase of three years, to the taxables of 1814, gives 177,058, for the taxables of 1817. The number of votes for governor at the late election was 125,543, which is 51,515 less than the taxables of that year." The com- mittee therefore saw no evidence in these figures of illegal voting.
"The proportion of the votes to the taxables in Philadelphia city and county at the last election was somewhat less than the proportion of the votes to the taxables in the same city and county in 1808, but it was considerably greater than the proportion of votes to the taxables in 1805 and in 1799. We may thence con- clude that at the last election nearly all the qualified voters of the city and county of Philadelphia exercised their privilege of voting, and also that the great disproportions between the number of votes and the number of taxables in Philadelphia city and county is permanent, and the result of continued and uniform causes. At all the warmly contested elections of 1799, 1805, 1808 and 1817, we find that the number of votes in proportion to the tax- ables in all the counties of the State was greater than the number of votes in proportion to the taxables at the same elections in the city and county of Philadelphia. How is this to be accounted for? Do not these facts prove that in the country generally the number of legal voters is greater in proportion to the taxable inhabitants than in Philadelphia city and county, or must we adopt the inference of the petitioners and ascribe the difference to no other cause than to the foulest corruption and perjuries over- spreading every part of the State at every election, excepting only the city and county of Philadelphia ?
"The census of taxables includes every taxable person of the age of twenty-one years and upwards, whether male or female, resident within their respective township, ward or district, and the right of voting is confined to those male persons above twenty- one who have resided in the State for two years preceding the election and within that time paid State or county tax, and to the sons between twenty-one and twenty-two of voters thus qualified.
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Thus the list of taxables includes all who reside in the district where the census is taken at the time of taking it, whether such residence has been for two years, or only for one week or one day. It also includes all resident aliens, and it includes all who have families in the district at the time of taking the census, although the master of the family may be a mariner, generally at sea, or engaged in business abroad. It must be known to every one that of such persons there is always a much greater number in large towns, more especially in seaports, than in the country. The settlements of the inhabitants of the country are more permanent ; there are fewer itinerants, fewer persons from other States of the Union who come to reside for periods less than two years, and fewer aliens in proportion to the population." The charges therefore were considered groundless.
As the end of Findlay's term drew near an elaborate inquiry was made into his public conduct. There had been an investiga- tion of his management of the State treasury early in his adminis- tration, but now a more serious investigation was ordered. The party opposed to him was determined to lose no opportunity to undermine him. They had fought his nomination and election, and throughout his term were unrelenting in their attacks. The Republican party had become weakened by divisions and especially by the war of 1812, by the chartering of so many banks, and by the general prostration of credit and industry. As the prosperity argument has never failed to make a party popular whenever the people have believed their prosperity was due to its policy, so the adversity argument has never been less destructive whenever the people have ascribed their misfortunes to mistaken party action. General issues, embodying high principles, have never been power- ful enough to restrain members from breaking away and pursuing their narrower individual interests, and the blight to trade, the loss of wealth have always been effective in arousing skepticism, weakening party loyalty, and carrying many a party follower over to the opposite camp.
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Eight charges were brought against the Governor: of cor- ruptly exercising his official duties for his private interests; of misusing the patronage of his office to obtain pecuniary advan- tages for himself, family and friends, and especially in appointing some auctioneers. The committee sat three or four hours daily from the 8th of January to the 3d of February, and a large quan- tity of evidence was taken and spread before the public. One of the prosecutors against him was his old friend, John Bemis, editor of the "Democratic Press," who had fought his battle so valiantly in 1817. The result of this investigation was a complete vindi- cation for Governor Findlay, and years afterward, some of those who had been most active in preferring the charges admitted that the whole proceedings were unjust.
During his term of office Governor Findlay had a slave, the only one he ever owned, whom he freed, saying at the time that "the principles of slavery are repugnant to those of justice, and are totally irreconcilable with that rule which requires us to do unto others as we would wish to be done by." Thus feeling con- cerning the ownership of man, he held strong views against kidnapping, which had become common. At that time it was not unusual to see colored persons chained together passing through the southwestern part of the State. Rarely did one make any inquiry about these hapless, friendless ones, and conse- quently the practice of kidnapping flourished. Governor Findlay thought that the punishment for the crime ought to be increased. "It is a melancholy fact that our laws regard the stealing of a horse a more heinous offense than the stealing of a man." In this low condition was the moral sentiment of the people toward this awful crime. It may be added that nearly all the Governors had expressed their opposition to the slave system.
While Findlay was Governor the building of the State capitol at Harrisburg was begun. The Governor was one of the com- missioners to erect the building. During his term of office the legislature sat in the court house of Dauphin county. Four
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hundred dollars was given to Stephen Hills as a premium for his plan, and two hundred dollars to Robert Mills for his plan, which was regarded as second in merit. These plans were the result of competition and award by the five commissioners. Besides the Governor there were George Bryan, Richard M. Craw, John B. Gibson and William Graydon. The award was made in April, 1819. A contract was made with Mr. Hills for erecting it, for $120,000, who completed the structure within two years.
Governor Findlay was renominated by the Republicans at a convention held at Lewistown ; the Federalists met at Carlisle and renominated General Hiester. A third convention of Repub- licans met at Northumberland in December, 1820, and a majority favored the nomination of W. B. Boileau for Governor; to this John Bemis, the most influential member, was opposed, and he convinced the delegates that the nomination of a third candidate would result in the re-election of Governor Findlay. So the convention adjourned without making a nomination. The cam- paign was unusually active. The Republicans had been losing ground, the result of long personal domination, accumulating disappointed ambition and errors in party management. Indis- criminate bank chartering, followed by the flood of paper money and the ruin of the farmers, completed the change. The people had been victimized, and the party in power was responsible for the cruel game that had been played on them. Findlay was defeated, though Hiester's majority was only 1,605.
One of the causes that contributed to this result deserves closer analysis-the exercise of power by the Governor in making appointments. In 1776 the people were so afraid of power that by the first State constitution very little had been confided to the president of the Supreme Executive Council. In truth, he was hardly more than a clerk to register the decrees of its members. All the appointments had been made by votes, the majority con- trolling, and when a choice was made the president announced the result. The people in due time discovered that the lack of
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a real executive head was one of the defects of that constitution. By 1790 the fear of executive tyranny had passed away. In fact, the new constitution gave ample authority to the Governor to appoint all the judges, secretary of the Commonwealth and nearly all the other officers. The State treasurer was chosen by members of the legislature, as was also the auditor-general.
But now appeared the inevitable fruit of such a great exten- sion of the Governor's power. Those who were influential in electing the Governor thought. or imagined at least, that they were the real power, having the right to hold or to distribute the offices. Nor were they wholly without reason in thus think- ing. They had enlisted persons in the cause of candidates on the promise or expectation that in due time they would be re- warded either with offices, or at least enjoy the pleasure of dis- tributing them. Inability to do one thing or the other was a reflection on themselves and disappointment to expectant party supporters.
Thus, at last Findlay and his party succumbed through the opposition caused by disappointed politicians, and Joseph Hiester became Governor thirty years after the constitution of 1790 went into effect.
Hiester's parents had come from distant Silesia in 1737 Three brothers had emigrated at the same time and bought a tract of the Proprietaries of several thousand acres in Bern town- ship, a part of the present county of Berks. Joseph was born November 18, 1752, and, like his father, John, followed the occu- pation of a farmer. His Revolutionary instincts developed early. In 1775 he set out to raise a company of militia for the purpose of marching to Washington's assistance. Drawing the young men of Reading around him, he laid forty dollars on a drum head and said : "I will give this sum as a bounty, and the appointment of sergeant to the first man who will subscribe to the articles of association to form a volunteer company to march forthwith and join the commander-in-chief ; and I also pledge myself to furnish
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the company with blankets and necessary funds for their equip- ment and on the march." He participated in the battle of Long Island, was severely wounded and taken prisoner and for a year was confined in the horrible prison ship Jersey. Released, he again joined the army and participated in the ill-fated battle of Germantown, where he was again wounded. His political career began as a member of the convention to ratify the federal consti- tution in 1787. He was a member of the Constitutional Conven- tion of 1790, and served in Congress from 1797 to 1805, and again from 1815 to 1821. For many years also he had served in the State legislature, and was, therefore, familiar with public affairs. His message was a noteworthy departure from that of his prede- cessors, in reviewing at much greater length all matters of public interest. It was a temperate, dignified public document, showing a deep interest in and close knowledge of all public matters.
The subject that was beginning to overshadow every other at this time was that of internal improvements. During the pro- vincial times steps had been taken to improve the navigation of some of the rivers, with the double view of cheapening the rates of transportation, and of retaining and drawing trade. The Revolution was scarcely over before fresh steps were taken in the same direction. The merchants of Philadelphia were alert to increase their trade through the improvement of its water ways. Plans appeared in 1790 for improving the Delaware, Susquehanna and Schuylkill, and for uniting these streams.
Then followed schemes for building highways by the union of public and private means. The Governors strongly favored such aid, which was bestowed; though some complained that the State's support was too slow and feeble. So thought Duane. In 1810 he wrote that the representatives to the Assembly were bound to promote by all possible means the welfare of their constituents. and by rewards and bounties stimulate the genius and industry of the citizens. They could introduce the improvements which men of experience and enlightened minds were every day an-
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nouncing in agriculture, arts, manufactures and science; borrow from the institutions of sister States and European nations fit models for our imitation; improve the minds of those advanced in life and give the rising youth, of both sexes, the foundation of knowledge, love of country, virtue and industry ; and so direct the energies and resources of this Commonwealth as to make our
Fort Roberdeau
Situated at Sinking Valley, now Blair county; built about 1778. Made especially for this work from an old engraving in possession of Mrs. William M. Darlington
citizens on the Delaware and Susquehanna intimately acquainted with their brethren on the Allegheny and Ohio; and make the capital of the east and the resources of the west mutually aid each other.
Having thus shown the right of the State, as he believed, to promote the public welfare, going as far as the most advanced socialist would desire, he asks : "What has been done? You have had twenty-seven years of uninterrupted peace, yet there has scarcely been any improvement in this Commonwealth for which you can say you are indebted to the intelligence or liberality of your State legislature. The little that has been done was executed with so bad a grace as to rob the act of all the merit of free will.
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Many of your representatives would even now, if they could, destroy what has been done; and it is notorious that individuals proposing internal improvements have been so often accused of the most unworthy motives or met by the most bitter taunts, as to render it a most unpleasant task for any man to urge your representatives to do their duty." Again he asks : "Why are your principal rivers and streams obstructed? Why is your timber, to the amount of millions, rotting or burnt instead of being brought to a ready market? Why are two-thirds of your lands in a state of wilderness? Why do the people of the east, west, north and south think their interests at variance? Why is it that there is not a canal in Pennsylvania, which of all the States requires canals most? Why has not the State held out encour- agement to the farmer, manufacturer and mechanic? Why have our skillful and ingenious citizens been compelled to seek paltry capitals from private individuals to enable them to explore and work our mines, improve our mill-seats and enrich the State by employing its immense internal resources? Why, in fact, is it that Pennsylvania, with a greater white population than any of her sister States, and with abilities equal to any of them, is sur- passed by several of them in internal improvements?" The answer was short-carelessness in the choice of representatives.
The improvement of the highways was first undertaken. Charters were granted for them and the capital was subscribed partly by the State and partly by individuals. The oldest of these companies was the Philadelphia and Lancaster Turnpike; that was chartered in 1792 and built entirely with private capital, $465,000. Between that period and 1828 one hundred and forty- six companies were chartered for two thousand five hundred and twenty-one miles of road. Of this amount one thousand and seven miles had been built. The private subscriptions toward them had been $4,158,347 and the State had contributed $1,861,542. Numerous bridges had also been built in the same manner, individuals contributing $1,629,200 and the Common-
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wealth $382,000 more. Eighteen navigation companies had been chartered to build canals and improve rivers. Toward these, individuals had contributed $1,416,610 and the Commonwealth $130,000. The roads were in all parts of the State, but having in view more especially the facilitating of intercourse with Phila- delphia, Governor Hiester remarked in his final message (1822) that, judging future progress from what had been done, he be- lieved that in a few years more "the whole will be finished." Alas! the building of highways partly by public aid was the prelude to the saddest of all chapters of intermingled public and private rascality in the history of the Commonwealth. Duane's jeremiad over the backwardness of the legislators to display any regard for the public welfare bore bitter fruit. Had that advocate lived to behold the ruin he with others had wrought, he would doubtless have deplored most deeply every favorable utterance on the sub- ject. Whether in spending vast sums for this purpose during the next thirty-five years, under the guise of public improvements, the legislators were moved more by a regard for the public inter- ests than their own, will soon be made known.
Thus far, however, there had been no corruption, no mis- management. Some of the turnpike companies had not been able to raise as much money as they had expected, and the State, to render productive what it had expended, spent more. It is true that only small dividends had come from most of their enter- prises, but individuals had subscribed far more largely than the State, and this was good evidence of the genuine character of most of these undertakings. Had the State stopped then, the loss in money and morals would not have been very great.
But Governor Hiester, like nearly every one of his time, was impressed with the great possibilities of State aid, especially in improving water communication. The connecting of the waters of Delaware and Chesapeake bays by a canal was a matter of "great State as well as national importance. The judicious ex- penditure of the money lately appropriated for the improvement
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of creeks and rivers and the facility and security thereby afforded to navigation, furnish strong inducements for persevering in the system." And this opinion of the Governor's was in harmony with the general opinion around him.
During Governor Hiester's administration there was an im- portant advance in the methods of conducting business partner- ships. From an early period some persons had been desirous of contributing capital for business purposes, but not of incurring the responsibility of a partner. So the relation was formed secretly, thereby relieving the contributor from liability unless he was found out ; but if he was, then he could be compelled to pay like any other. To release him from this liability, and yet have the full benefit of his capital, limited partnerships were established by statute. Two important advantages, it was thought, would arise from the change. First, it would encourage moneyed individuals or capitalists to employ in some useful branch of industry a portion of their means, who, rather than hazard their whole estates, will live upon income, or resort to usury. Secondly, they would supersede the need of corporations for manufacturing purposes, the growth of which was regarded with apprehension. "The annual dividends of real or supposed profits, which the managers of incorporated companies are permitted to make, facilitate contrivances for an actual distribution of a portion of the capital, producing false notions of the future profitableness of the stock, creating a bubble, or an artificial and inflated price of the shares of stock, and enabling the cunning and fraudulent to grow rich at the expense of the ignorant and the innocent, and often consigning the latter to the almshouse, the hospital or the grave." By limited partnerships no delusion can be created by annual dividends, injudiciously or fraudulently declared by the managers, as the profits cannot be ascertained until the term of partnership is expired and all the debts are paid. Their growth fully justified their creation and mark a noteworthy advance in the legal methods of using capital within safe personal limitations.
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Another piece of legislation is worthy of note, relating to married women. By the old English law the real estate of a married woman and her right of dower could be sold and con- veyed only by the peculiar process of "fine or recovery." It was difficult to adhere to this method of transferring it in the early days of Pennsylvania, and before long the practice was adopted of transferring her interest by the deeds of husband and wife. These were sometimes acknowledged before a judicial magistrate and sometimes merely executed in the presence of witnesses. Nor was the practice questioned until 1764, when the Supreme court declared that to disturb it after such a long practice would impair the security of titles and increase litigation. Six years afterward a statute was passed for transferring the estates of married women by making an acknowledgment on her part, apart from her hus- band, before a judge of a court of record, and validating all con- veyances previously made. Afterward the law permitted other magistrates to take such acknowledgments. Notwithstanding these changes, many acknowledgments were made or indorsed very imperfectly. Another law, therefore, was passed, validating all bona fide acknowledgments and prescribing a form of acknowledg- ment to be used thereafter. This mode of transferring her inter- est was a radical departure from that prevailing in England and was just and rational.
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