USA > Pennsylvania > Pennsylvania, colonial and federal : a history, 1608-1903, Volume Two > Part 21
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that the senatorial term should be reduced to three years. The power of the legislature to grant bank charters and privileges was greatly restricted, and the Governor's patronage was taken away by making nearly all offices elective. The life tenure of judges in the Supreme court was changed to a period of fifteen years. while the term of other judges was fixed at ten years. The right to vote was extended only to white freemen. These changes in the constitution of Pennsylvania illustrate the general trend of constitutional development in the United States at that time. The influences of democracy were permeating every section of the country ; life tenures in office were broken down ; the aristocracy of office-holders were retired, and the people took actual posses- sion of their governments. It is a period rich in suggestions for the student of constitutional history, and it reflects most power- fully the influences of the Jacksonian era in politics.
In the summer of 1838 Ritner was renominated for Governor and the Democrats nominated David R. Porter of Huntingdon. Bitter and abusive as was the last campaign, time had added to the hostile feeling in both parties. During Ritner's administra- tion a series of letters purporting to have been written by him to his kitchen cabinet, composed of Thaddeus Stevens, Thomas H. Burrowes, secretary of the Commonwealth, and Theodore Fenn, appeared and were circulated as a campaign document. They were written by Ovid F. Johnson, afterwards attorney-general under Governor Porter, and Benjamin Parks, an editor of the "Keystone," at that time the Democratic organ at Harrisburg. The "Governor's Letters" attempted to belittle his excellency ; he was declared to be ignorant, lacking in statesmanship and in about every quality needed of one to fill such a high office. But Ritner's party was not behind in vituperative power. The "Iron Gray" and "Keystone" were the regular Democratic organs at Harris- burg and the "Telegraph" the anti-Masonic organ. Stevens, Burrowes and James Todd, Ritner's attorney-general, assisted Fenn, the editor of the "Telegraph ;" and whatever Andrew Cox,
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editor of the "Iron Gray," lacked in brilliancy and keenness was supplied by Isaac R. Dillar, George W. Crabb and George M. Dallas, while on the "Keystone" staff, besides Parke, were Wil- liam F. Packer and Orville Barret. With such an array at the center of the State to furnish material and inspire the writers and
Fort Rice, Northumberland County
Erected 1779-1780. Still standing. From a sketch made especially for this work
speakers in other sections, it was certain that nothing which imagination and daring could invent and publish would be long hidden under a bushel.
The internal improvements had now come to play a great part in the election. Both parties realized how so much money and patronage could be used for party purposes. Ritner's party was now in and during the three years of his administration had not been negligent in filling all the places with his friends. Thou- sands were now employed in building, improving and navigating the system, while others, no small number, were employed to
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watch the navigators, adjust the compasses and to use the public where it would do the most good for the Ritner party. In the way of expending money the party managers had been emi- nently successful. Among the enterprises to absorb the public money, employ laborers and care for the needy, and swell Ritner's support, was the Gettysburg railroad, the peculiar creation of Thaddeus Stevens, and termed by his opponents by reason of its crookedness the "Tapeworm," emblematic of its author and of the methods of its construction, and which, after a large expendi- ture had been made, was finally abandoned as a worthless enter- prise for which there never was the slightest justification save party necessity. It so happened, too, that the storms had been unusually violent that year and had greatly injured the canals, so that an unusual number of workmen were employed to mend them, while at the same time they were not unmindful that whether the canals would need to be improved long or not de- pended on the re-election of Joseph Ritner and the representatives of his party. Fed on such motives those employed dug and navi- gated night and day, though the stories of their industry that have been preserved cluster more thickly around the "Tapeworm" than around any other of the numerous enterprises of the State.
On the other hand, Ritner's opponents were not asleep. If they had not the canals and other places where they could em- ploy men at public expense, they had possession of Philadelphia, a great city, where it was popularly believed they could execute almost any scheme that was needful to obtain a majority of the popular vote and elect enough members to secure the legis- lature. The defeat of Wolf had had the effect of uniting the party, except so far as men could be drawn away by the powerful stimulants of place; thus the contest was regarded as close, and this lent extraordinary zest to it. The Democrats were eager to regain their ascendency and the multitude of places they had lost, with the rich prospect of millions more in store for them; the other party had been long enough in power to realize what a
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pleasant thing it was to rule and to hold office and draw a good salary and suffer others to do the work.
In these days betting was common at elections and there was no law against it on the statute-book. The chances were so even that betting was perhaps more general than ever before and the stakes higher. Ten and twenty thousand dollar stakes were put up ; the names of the adventurers were known; others followed; the excitement daily increased ; scheming to win, regardless of methods, grew bolder as the time for voting drew nearer. Finally the day came and the result, never awaited with so great suspense, showed that Porter had been elected by 5,540 votes. As soon as the result was known, Burrowes, who was chairman of the anti- Masonic committee, issued a circular to the "Friends of Governor Ritner," calling on them to demand an investigation of the fraud at the polls, and advised, them to "treat the election as if it had never taken place." The circular had the effect desired, many of the defeated candidates now learning that they had a fearless leader, determined on the smallest pretext to contest the seats of their opponents. Amid the confusion Stevens's voice was heard, not in the least dismayed by Porter's majority. He declared at a public meeting in the court-house at Gettysburg that the anti- Masons would organize the House, and if Governor Porter were declared elected, the legislature would elect canal commissioners for three years and then adjourn before the date fixed by the new constitution for the inauguration and that Porter should never be Governor.
As the time drew near for the legislature to assemble ( Decem- ber 4) "Committees of Safety" were appointed in nearly all the counties of the State, and thousands flocked to Harrisburg to witness the scene. The House consisted of one hundred mem- bers, composed of eight from Philadelphia, whose seats were contested, forty-eight Democrats and forty-four anti-Masonic Whigs. The former clerk of the House read the names of the members given to him by the secretary of the Commonwealth.
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When the returns of Philadelphia county were read, fraudulent returns signed by only six of the seventeen return judges were substituted for the legal returns. Such action having been an- ticipated by the Democrats, they had the true returns properly certified, which were read, and thus the returns of two sets of contesting members from Philadelphia were before the House. One set surely was wrong, and the organization of the House depended on the admission of these eight members. Thaddeus Stevens moved the immediate election of a speaker. The clerk called the roll of Whig and anti-Masonic members and declared that Thomas G. Cunningham of Beaver, was elected speaker, and he was conducted to the speaker's chair and took his seat. The Democrats, disregarding what had been done, elected William Hopkins of Washington county, speaker, who was escorted to the speaker's platform. Thus the two speakers stood close by each other and faced the house, a strange and embarrassing posi- tion for both. The next movement was by Colonel Thomas B. McElver of Bedford county, who went up to the platform and ordered Mr. Cunningham to surrender the chair to Mr. Hopkins. To Stevens's amazement especially, he yielded and took another standing close by on the same platform. Though the attempt to do business was as novel as confusing, both began by administer- ing the oath to the members, Mr. Cunningham to fifty-two mem- bers and Mr. Hopkins to fifty-six. Thus a double House was formed and each body appointed committees to wait on the Gov- ernor and Senate and state that the House was ready to proceed to business, and then adjourned to meet the next day at ten o'clock. The Cunningham party was so eager for business that it waited only until the afternoon, met in the hall, was called to order by the speaker, who then appointed Mr. Spackman, of Philadelphia, speaker pro tem. This was too much for some of the spectators, and, impelled by their indignation, they went to the platform and carried off Spackman and put him down in not the gentlest and most dignified manner in the aisle. His career as speaker had
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been much too short to distinguish himself in any manner except during the very brief moments that he was coming down the aisle on the shoulders of his indignant countrymen, when he perhaps excited as much attention as any man who was ever in the House. With such a sudden and entirely unexpected decapitation of their speaker this discomfited rump and headless House adjourned to Matthew Wilson's hotel (now the Lochiel). Here they were left free to sit, discuss and meditate over the exciting scenes of the day without interruption.
While such was the state of affairs in the House, events in the Senate were still graver. The majority of the Senate were anti- Masonic Whigs, and promptly organized by electing Charles B. Penrose speaker. There were contests from several districts and the majority were determined to seat those who would strengthen their number. Stevens and Burrowes went to the Senate to assist in the proceedings. They desired that the principle should be adopted of reading the first returns received by the secretary of the Commonwealth, whether there were a minority or majority. The two senators whose seats Stevens and his associates sought to overthrow were Messrs. Hanna and Wagner of Philadelphia. As soon as the clerk had read the returns of their opponents, Charles Brown, who had been elected on a majority return, arose and presented to the speaker a copy of the true return, declaring at the same time that the one furnished by the secretary of the Com- monwealth was false. The speaker attempted to stop him, but the crowd in the lobbies shouted, "Hear Brown," "Brown shall speak." Finally, on motion of one of the senators, Brown was permitted to speak, and while speaking the people in the galleries arose, shouted and threatened violence to Burrowes, Stevens and Penrose. The spirit of the crowd quickly rose to fury. The speaker, unable to control the storm, abandoned the chair. Stevens and Burrowes escaped through a window in the rear of the Senate chamber and under the friendly shelter of darkness fled from the capitol grounds. One of the newspapers, in describing
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In which Washington worshipped while Presi- dent. From an old print
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Penrose's retreat from the Senate chamber, declared that he had "jumped out of the window, twelve feet high, through three thorn bushes, and over a seven-foot picket fence." During the evening a large public meeting was held at the court-house, which passed resolutions recommending the citizens "to pursue a prudent and a calm course" and await events with firmness. The next reso- lution was couched in stronger language. "That neither those in power, who endeavor to perpetuate their reign through unlaw- ful and fraudulent returns, or citizen-soldiers, who have the same feelings and interests with us, will intimidate people resolved upon having their rights." A committee was also appointed to wait on Burrowes and request him to furnish the clerk of the House and Senate full legal returns of the election, and another committee "of safety." At the time of assembling the Governor issued a proclamation in which, after three whereases, describing the "lawless, infuriated, armed mob" that had entered the Senate chamber and threatened "violence and death to some of the mem- bers," and that still remained in Harrisburg in force, encouraged by a person who was an officer of the general government, and "setting the law at open defiance and rendering it unsafe for the legislative bodies to assemble in the capitol," he called on the civil authority to exert themselves to restore order and upon the mili- tary force to hold themselves in readiness to repair to the seat of government.
At this time the State arsenal, which was then located on the capitol grounds, was entered and held by the friends of the Gov- ernor. The persons selected for this purpose were the employes on the canals and railroads, again showing how useful a force engaged nominally by a State, but actually by a party, at public expense, may be to the appointing power. Doubtless these men were quite as willing to serve in the arsenal as to work on Thaddeus Stevens's "Tapeworm ;" their pay was the only thought that excited any emotion within them. This act of seizing the arsenal filled the people with alarm. There had been no out-
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break, but many began to feel that the Governor proposed to use force if necessary to execute his purpose as marked out by Stevens and Burrowes and other leaders. Every one knew that Ritner was a man of great courage and honest in his purposes; it was felt that he was in the hands of cunning and desperate men, pos- sessing far more mental ability, and who had darkened his under- standing and were about to use him to overawe the legislature by force. The crowd around the arsenal rapidly strengthened in number and fierceness and it was feared by the more thoughtful that they would soon make an attempt to dislodge those in posses-
A
a
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sion. Seeing this, a committee appointed by the State authorities appeared before the committee of safety and pledged that, as men of honor, no ordnance, arms, muskets or ammunition should, by any order of the Governor, be taken from the arsenal for the pur- pose of arming any force that might collect in obedience to the proclamation of the Governor. This pledge was deemed satis- factory to the committee, and as soon as the people were informed the multitude began to disperse. The next day the Governor called out the First division of Pennsylvania militia, commanded by Major-General Robert Patterson, to march to the seat of gov- ernment "to quell this insurrection." This division, consisting of about nine hundred men, was in Philadelphia; and, having ob- tained a supply of buckshot from the United States arsenal at Frankford, started for Harrisburg. To reach there required two
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days and on their arrival they were divided into two detachments, one of them taking the arsenal for quarters. The General and his staff at once reported to the Governor, whose residence was then on Front street below Chestnut. The door was locked and barred and the General was unable to gain an entrance until after repeated knockings, when the second story front window was opened and the Governor inquired who was there and what was wanted. The Governor immediately came down, opened the door and invited the General and his staff into the house. The General then asked for his instructions ; the Governor made no reply, but at once sent for his cabinet. They appeared and began to question him. He was asked if he would obey an order of the speaker of the Senate, to which he gave a negative reply ; for to do this would be to sus- tain a party, and that he had not come for a political purpose. He was then asked if he would obey an order from the speaker of the House, to which he replied as before, because there were two Houses and he did not know which was the lawful body ; be- sides, he had no right in any event to take orders from either. He would obey only the Governor, save that he would protect the capitol, public property and preserve order. He was then asked if he would obey the orders of the Governor, and he replied that he would-all orders that the Governor had a right to give. Of course, his answer led straight to the question, "What would you consider a proper order ?" to which he wisely answered, "I would consider that when the order was given." If he was ordered to clear the capitol and install in the chair either or both of the speakers he would decline to do this, for the organization of the House must be done by its own members. If he were ordered to fire on those they chose to call rebels he should decline to do so, nor would he permit a single shot to be fired except in self-defense or in the protection of the public property. These were not the kind of answers that the Governor, Stevens, Burrowes and the other legislative speakers wanted; they had already had enough of the General, and the conference ended abruptly. Meanwhile
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the Governor, not content with ordering the First division to Harrisburg, addressed a letter to Captain Sumner, in command of the Carlisle barracks, requesting him to march his troops to Harrisburg. The Captain declined, saying he did not think it proper to interfere in the troubles at the capitol, which seemed to be purely political. Governor Ritner then wrote to President Van Buren, informing him of all that had happened, further add- ing that the most active leaders of the mob were John J. McCahan, of the Philadelphia post-office; Charles F. Muench, a deputy- marshal of the Middle district of the State, and Edward A. Penniman, an officer of the custom-house. The President, reply- ing through the Secretary of War, declined to interfere, until it appeared certain that the legislature could not compose its differ- ences.
As soon as the Governor discovered that General Patterson had no intention of becoming a partisan and using the soldiery for a partisan end, he had no use for them and ordered the troops to return to their homes. He then called out Major-General Alexander, commander of the Eleventh division of the State militia, who lived at Carlisle and politically was an ultra Whig. There were three companies at Carlisle, numbering about ninety men ; of these, sixty-seven responded. The battalion was in com- mand of Colonel Willis Fould, a staunch Democrat, but the Gen- eral ignored him and on the 15th of December started for Harris- burg. General Patterson and his soldiers were gone, and the Carlisle troops marched into the market-house and then to the State arsenal, where they remained for a week. The end was now swiftly approaching. On the 17th of December, Messrs. Butler and Sturdevant of Luzerne county, and Montclair of Union county, legally elected Whig members, abandoned their party and were sworn in as members of the Hopkins House. Thus increased, it had a legal majority without regard to the eight Democrats from Philadelphia whose rights to seats Stevens's "rump house" had disputed. The Senate, however, was unwilling 298
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to co-operate with the House and continued its hostility for ten days longer, when that body finally yielded and by a vote of seventeen to sixteen "resolved, that a committee be appointed to inform the House that the Senate is now organized and ready to proceed to business." A joint committee was then appointed by both branches to inform the Governor that the legislature was organized. The returns were then opened, the amendments to the constitution were declared carried, and the election of David R. Porter as Governor was promulgated. But the fires did not soon die down. Both Houses appointed select committees to in- quire into the "causes of the disturbances at the seat of govern- ment in December, 1838." A large mass of testimony was taken, elaborate reports were made and by this time all had cooled off and began to laugh over the attempt of Stevens and his colleagues to steal the legislature and Governor.
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CHAPTER XIV.
PORTER'S ADMINISTRATION-1839-1845
D AVID R. PORTER, who became Governor in 1839, was born near Norristown two years before the adoption of the constitution of 1790. From his father, who was a Revolutionary soldier, the son inherited strong qualities. At Nor- ristown Academy he fitted himself for Princeton College, which he did not enter on account of its destruction by fire. After his father's appointment as Surveyor-General of the State he took his son with him as an assistant to Harrisburg, where he studied law. Business drew him into Huntingdon county, from which in 1819 he was elected a member of the Assembly. For several years he held some county offices; meanwhile he was much interested in farming, and in 1836 was elected a member of the State Senate. His marked qualities were soon recognized, and without aspiring to leadership, he rose to a commanding position.
Elected Governor in 1838, he was the first to serve under the new constitution. His opening message is a review of the con- dition of affairs, an appeal for economy and good government, the separation of the government from banking, the lessening of the number of corporations and a strong plea for education. A few days afterward he presented another message relating to the finances of the State. The House was Democratic, while the Senate was controlled by Whigs. The public debt amounted to $30, 174,304. Of this sum $22,229,003 had been spent for canals and railroads, and more than a quarter, or $5,945.201, had been
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Charles Cornwallis
Earl, afterward Marquis; British general; occu- pied Philadelphia, 1777; surrendered his army at Yorktown to Washington, 1781
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contracted within three years. The large sum of $3.928, 117 was either due or would be within a few months. This sum must be met, but whether besides doing so the public improvements should go on was another question. If they were to be continued, Ritner had regarded the following as the most useful: Erie ex- tension, $500,000 ; North Branch canal, $500,000 ; Gettysburg rail- road, $300,000; West Branch canal, $200,000; Wiconisco canal, $100,000 ; Allegheny feeder, $100,000. The canal commissioners had recommended $1,200,000 for each of the first two objects, doubled the Governor's recommendation for the Gettysburg rail- road and Allegheny feeder, recommended $286,000 for the Wic- onisco canal and $300,000 for the Sinnemahoning extension. The commissioners also recommended an appropriation of $1,256,467 "as necessary for the permanent repair and prosperity of the improvements." Though in favor of a judicious and com- prehensive system of public improvements, the Governor sug- gested to the legislature the impolicy of applying the funds of the Commonwealth at the present time to any other work than the main lines and their immediate tributaries. How did the Assembly respond to these recommendations? It appropriated sums varying from $500 to $10,000 for roads and bridges all over the State, including $3,000 to the Mechanics' society at Lancaster. After repeating his faith in the main scheme of internal improve- ments, he said : "Influenced by unfortunate causes and counsels, the legislature of the State has recently tended to distract the attention and divide the means of the public by the prosecution of various undertakings unconnected with the main lines and in many instances wholly for the benefit of private companies ; thus placing the public means under their unlimited control, when the faith of the commonwealth was already pledged to apply its resources to the completion of its own works and to the payment of its own liabilities. It is manifest at a glance that just so far as the original system has been departed from, so far has the system itself been retarded, and the public money has been squan-
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dered upon unproductive objects. It has only been within the last few years that this infraction of the internal improvement system has been carried to the greatest extent. To a person not intimately acquainted with the facts it would be a question not easy to solve, from an examination of the recent appropriation bills, whether the main lines of our improvements were prose- cuted on account of their own intrinsic importance, or merely as pretext for lavishing upon numberless other subordinate objects millions of dollars of the money of the people. In some instances, as in that of the bill under consideration, the appropriations to secondary objects have been made first, while the appropriations to the main lines have thus far failed entirely. It will be but one step farther in the departure from the original system to drop the main lines altogether and henceforth disperse the treasures of the Commonwealth among incorporated companies, local prejudices, local interest and expert bargaining to secure in the general scramble the largest share of the public money."
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