Pennsylvania, colonial and federal : a history, 1608-1903, Volume Two, Part 32

Author: Jenkins, Howard Malcolm, 1842-1902; Pennsylvania Historical Publishing Association. 4n
Publication date: 1903
Publisher: Philadelphia, Pa. : Pennsylvania Historical Pub. Association
Number of Pages: 650


USA > Pennsylvania > Pennsylvania, colonial and federal : a history, 1608-1903, Volume Two > Part 32


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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40


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onel, we have but one round of ammunition left, but if they come too close we will give them the cold steel.' That was the material of which our gallant soldier was made. I saw him again at Knoxville. Our pickets had been driven in during the night, and the next morning he came out, and again at the front of the brigade he swept them back and re-established the Union line. I saw him again at Fort Steadman, where he performed the greatest and most gallant deed performed probably by any single division commander in the history of the war, when he went in with a division of troops never yet under fire and con- quered one of the best soldiers in the Confederate army."


At the close of the Civil War General Hartranft declined a command in the regular army, having decided to return to his native county. He was immediately called into the service of the State, however, being elected in 1865 to the office of Auditor- General, a position which he held for two terms. Governor Hartranft's administration of six years covered an eventful period in the history of the Commonwealth. Among many sub- jects of popular interest, the Constitutional Convention of 1873. no doubt, occupies the chief place. There has been no change in the organic law of the State since the adoption of the constitution of 1838, with the exception of an amendment in 1850, making all the judges of the courts elective. Again, in 1857, the constitu- tion was amended, creating a Sinking Fund, and regulating the public debt and legislative districts; while the last amendments were those of 1864, conferring the right of suffrage upon those engaged in the military service of the State or Nation, and im- posing various restraints on the power of the legislature. Ever since the constitution of 1838 went into effect, the State was menaced with the vicious results of special legislation. The governors had complained of the evil from time to time, in their messages to the legislature ; but nothing definite was accomplished to bring relief until 1871. In his annual message to the legisla- ture of that year, Governor Geary called attention to the chief


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defects in the constitution. The Governor said: "Practically, the whole theory of our constitution and government is sub- verted and destroyed by the present system of local enactments. Representative government is based on the idea that the laws shall be framed by, and be the result of, the collective wisdom of the people's representatives. But what are the actual facts ? The minds and efforts of the members are so wholly absorbed by


Old Court House, Lancaster


Seat of the State government from 1799 to 1812; building erected 1784-1787. Reproduced especially for this work from an old engraving


private and local bills that it is almost impossible to get a general or public act considered or passed. The special and local bills are usually drawn by the members representing the locality, or by some one from the district interested in the proposed law. By what is called courtesy, it is considered a breach of etiquette for any member of the Senate or House to interfere with or oppose a merely private or local bill of any other member. The result is the bills are passed as originally prepared, without examination or comparison of veiws-often crude and ill-di- gested, and without regard to constitutional requirements or


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sound public policy. Some of the worst of these hasty and badly considered enactments are arrested every year by executive interposition ; but in the nature of the case, the veto at best can only be made a partial restraint upon the evil, and nothing can eradicate it short of constitutional prohibition."


Following the suggestions of Governor Geary, the legislature on June 2, 1871, passed a resolution to submit the question of calling a convention to amend the constitution to a vote of the people at the next general election on the second Tuesday of October in that year. At this election, the vote in favor of hold- ing a constitutional convention was 316,097, to 69,715 against the measure. This was followed by the act of the legislature on April 11, 1872, making detailed provisions for calling the convention. The delegates were to be elected on the second Tuesday of October, 1872, and in order to remove all political bias in the choice of the same, the principle of minority represen- tation was followed.


The delegates, one hundred and thirty-three in number, assembled in convention in the hall of the House of Representa- tives, Harrisburg, on November 12. 1872. Hon. William M. Meredith was elected President of the Convention, and served until his death, August 17, 1873, when Hon. John H. Walker, of Erie county, was chosen, on September 16 of that year, to suc- ceed him. After completing the work of organization, the Con- vention, on November 27, adjourned to meet in the city of Philadelphia, on January 7, 1873. Here a new constitution was drafted and adopted, after which it was submitted to the people on December 16, 1873, and approved by a vote of 263.560 to 109, 198.


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The Constitution of 1873 presents many new features which will now be considered at length. Members of the State Senate are to be elected for four years instead of three, and of the House for two years instead of one. The sessions of the legislature are biennial instead of annual; but the Governor may convene . the


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two Houses upon extraordinary occasions, and the Senate alone for the transaction of executive business. There is also an in- crease in the membership of both branches of the legislature. One of the most important changes in the legislative department is the prohibition of special and local legislation. There are thirty-three sections in this article, the purpose of which is to ele- vate the general character of the laws. The Governor's term of office is increased to four years so as to correspond with the change made in the legislative terms and sessions. The office of Lieu- tenant-Governor is created, whose duty it is to preside over the Senate, and to act as Governor in case of the death. incapacity or removal of that official. The Governor is not eligible to the office for the next succeeding term. Several changes are made in the tenure and mode of electing the judges of the courts. In the qualifications for voting, the word "white" is dropped, and the right to vote is extended to every male citizen, twenty-one years of age, who shall possess United States citizenship for one month, residence in the election district for two months, residence in the State for one year, and who shall have paid a State or county tax one month before election. General elections are fixed on the Tuesday next following the first Monday of November, so as to correspond with the date of the Presidential and Congressional elections ; while local elections are held on the third Tuesday in February. The constitution provides against an increase of the State debt, and limitations are set upon the creation of debts by municipalities. Taxation is to be equal upon all property of the same class, while the property exempt from taxation is carefully defined. Many important regulations are introduced for the gov- ernment of counties, and the terms of all county officers are fixed at three years. Provision is made for the incorporation of cities containing ten thousand inhabitants, upon demand of the people thereof; also, that every city must establish a sinking fund for the payment of its debts. The article on private corporations is almost entirely new. Corporations are to be confined to the busi-


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ness for which they were established, and their charters may be repealed when public interest shall demand it. The article on railroads and canals introduces the student to a new subject in State constitutional history. It illustrates the fact, also, that the constitutions of the Commonwealths are growing in length with the development of various business interests. The principal fea- ture of this article is the strict limitation placed upon railroads and other transportation companies in regard to discriminations in favor of certain individuals. As any synopsis of the new con- stitution would give but an imperfect view of its contents, the student of history is referred to that document for a more detailed examination of the new organic law of the State.


The constitution took effect on January 1, 1874, and on the seventh of that month Governor Hartranft referred to it at length in his message to the legislature. He took occasion to make some wise observations on the true source and nature of good govern- ment. He said: "As each day's experience reveals the methods of administration, the conviction grows stronger in my mind that good government depends not so much upon written laws as upon the disposition of the people to comply with the demands of the laws, and the determination of those delegated to execute them to see that their mandates are enforced. Reform, it will be con- ceded, cannot be obtained by mere constitutional enactment, nor by surrounding offices and trusts with additional restraints. The world's history from the earliest ages has shown that no code of laws, however comprehensive or restrictive, will evade man's in- genuity if bent upon overstepping their bounds, and wise and nec- essary as the provisions of the new constitution may be, they will never secure the ends designed unless sustained by a strong, active, healthful, and intelligent sentiment that will interest itself in pub- lic affairs. It will not suffice to enact that integrity and fitness are essential qualifications for office, unless the people see to it that none without these qualifications are selected. It is the in- difference and inattention of electors to their primary political


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duties, connected with nominations and elections, that despoil the law of its sanctity, and afford security to those who wilfully dis- obey its requirements. Men do not fulfill the obligations of citi- zenship by merely enjoying the protection our institutions afford. To perform his whole duty to the State every citizen should act- ively engage in political concerns when the recurring elections invoke his attention and interference. In our system of govern- ment every man entitled to vote is invested with a grave public trust, and if, through indifference or neglect, he fails to discharge the sacred duties it imposes, he is almost as culpable as the other who deliberately violates the law. With this new departure in our organic law, let there also be an accompanying resolution on the part of all good citizens that they will attend diligently and conscientiously to the selection of men for office whose dignity of character and intellect will be an adequate guaranty that the new constitution will be safe in their keeping."


The year 1876, marking the one hundredth anniversary of American independence, was one of great interest to the people of the Commonwealth. For three or four years before this time, a centennial celebration was the leading subject in the public mind. As early as 1871, Governor Geary referred to this matter in his message to the legislature. He suggested that an appro- priate celebration be held in Philadelphia. "There," he said, "the Declaration of Independence was first promulgated, and there should be the national celebration of the one hundredth anniver- sary of the nation's existence." About the same time, the idea of an international exposition was first discussed in the news- papers. On March 9, 1871, Daniel J. Morrell. a representative from Pennsylvania, introduced in Congress a bill providing for an exhibition in Philadelphia, which passed a year later. In the meantime, a committee of the City Councils took up the matter, and did much to arouse popular interest. In the spring of 1872, the Centennial Commission met in Philadelphia, and finally agreed that the exhibition should be opened on April 19, 1876, and closed


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Bank of the United States, 1799


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on October 19, of the same year. A. committee was appointed to raise subscriptions, and by February 22, 1873, the sum of $1,784,- 320 had been pledged. On March 27, of the same year, the legis- lature of Pennsylvania appropriated one million dollars to the proposed exhibition, and thus its success was assured. On March 16, 1874, it was decided that the construction of the necessary buildings should begin at once, and on July 4 ground was broken for this purpose at Lansdowne, Fairmount Park. In all, there were about 180 buildings erected within the Centennial grounds, five of which were great structures, in which were placed the vast displays. Governor Hartranft issued a proclamation, designating September 28 as "Pennsylvania day." This was the most notable day of the whole exhibition, the attendance reaching 275,000 peo- ple. The Centennial produced many good effects throughout the State and nation. A new impetus was given to trade and com- merce ; while nowhere was the influence so pronounced as in the work of education.


The good times which followed the Civil War were in a few years succeeded by financial depression that extended over the whole country, and reduced many great commercial establish- ments to ruin. These financial troubles began in Philadelphia, in 1873, with the failure of the banking house of Jay Cooke and Company. Mr. Cooke's bank gave material aid to the United States government during the Civil War; hence he was often called the "Financier of the Rebellion." After the war, his house became the fiscal agent of the Northern Pacific Railroad company. Finally becoming involved, Mr. Cooke's establishment went into bankruptcy on September 18, 1873. Then followed a run on the other banks, the effects of which were soon felt throughout the United States. The State of Pennsylvania suffered considerable loss from the operations of the panic. In 1874, the receipts from all sources were $1,500,000 less than the preceding year; yet by a rigid economy, the public expenditures were kept within the limits of the revenues.


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The condition of the times was rendered more deplorable by a series of labor difficulties, extending from 1874 to 1877. In 1874, there was a conflict in Westmoreland county between the Italian and resident miners, in which four of the Italians were killed. The same year, there was a railroad strike at Susque- hanna on the New York and Erie railroad. A number of trains were seized by the mob, and order was not restored until after the Governor had sent the State militia into that region. In January, 1875, the miners of the Lehigh and Schuylkill regions began a strike, which lasted six months. There was but little violence; yet the Governor found it necessary to order the militia to the scene of the disturbance.


In 1877, the spirit of lawlessness increased, culminating in a series of destructive riots in different parts of the State. The cause of all this trouble was the railroad strike, which began on July 16, and soon became general throughout the United States. In the beginning of July, a circular was issued from the offices of the Baltimore and Ohio railroad, announcing a reduction of ten per cent. from the wages which the employes were then receiving. A new schedule of wages was announced, to take effect on July 16. At all points along the railroad there were demonstrations against this reduction. A strike was ordered, and before mid- night of the sixteenth the immense property of the Baltimore and Ohio was in the hands of rioters. On July 19, the employees of the Pennsylvania railroad at Pittsburg inaugurated a strike, and stopped the passage of all freight trains east and west. By the evening of the twentieth a large number of freight trains were tied up in that city. The striking workmen resisted all efforts of the railroad officials to move these trains, and threatened acts of violence. At this time, Governor Hartranft was on a trip across the continent; but upon the call of the sheriff, the Adjutant- General ordered the sixth division of the National Guard to assist in restoring order. The Adjutant-General arrived at Pittsburg on July 21 to take personal charge of all the troops ordered out.


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The first division of the National Guard was also called into serv- ice, and on the forenoon of the twenty-first the troops took posi- tion upon the hill overlooking the tracks at Twenty-eighth street. At two o'clock in the afternoon the troops from Philadelphia ar- rived, and they at once proceeded to open the road. As they approached Twenty-eighth street the crowds pressed in upon them and stones were thrown by the mob. There was considerable firing on both sides, and in the melee twenty soldiers were wounded. In the evening the soldiers withdrew to the round-houses and adjacent buildings. At midnight the rioters determined to drive them out by burning the freight cars in the vicinity. The result was a great conflagration in which vast quantities of freight were consumed and all the rolling stock and buildings of the Pennsyl- vania railroad at Pittsburg were destroyed. Hastening from his western trip, Governor Hartranft reached Pittsburg on July 24. After a consultation with the leading citizens, he went to Phila- delphia to confer with Generals Hancock and Schofield, of the United States army. Arrangements were made to forward a detachment of the regular army to Pittsburg, there to join the State troops which the Governor collected on the way. A large force was soon gathered at the scene of disturbance; and with Governor Hartranft in personal command, order was restored in a few days and railroad communications were opened with all parts of the country. In the meantime, there were serious riots in other sections of the State. The lawless spirit in Philadelphia and Harrisburg was quelled by the prompt action of the officials ; but in Reading the work of destruction almost equalled that in Pittsburg. The railroad bridge over the Schuylkill was burned, and the mob practically controlled the city. As the authorities of Berks county were unable to suppress the riot, General Reeder was sent there with a division of the National Guard. On the evening of July 23 there was a severe street fight between the mob and the soldiers, in which some of the latter were wounded, while eleven of the crowd were killed. The next day a detach-


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ment of United States troops arrived, and the railroad was opened to traffic.


The contagion of lawlessness affected the miners of Luzerne county, and on July 25 they began a general strike. All railroad traffic was suspended in that region, and at Scranton the rioters attempted to drive the workmen from the shops. The sheriff with a number of aids dispersed the crowd; but he was seriously wounded and three of the mob were killed. As the conditions became more threatening, it was necessary to forward a division of the National Guard to the coal regions. Early in August all disorder was suppressed, and in a few weeks all the railroads in the State were running trains on schedule time. In referring to the general causes and results of the strike, Governor Hartranft said in his message of 1878: "While capital held labor in ignor- ance and bondage, strikes were rare. Their frequent occurrence is a proof that labor is growing, more and more, to an equality in strength and importance to capital. Intelligence has spread itself among the laboring classes; they have learned to read and write, and to interchange their views, and formed associations, according to their new lights, for their protection and advance- ment. And if in this, as in many other cases, 'a little learning is a dangerous thing,' it is yet better than no learning at all, and is the progressive step to higher intelligence. On the other hand, under the influence of civilization, wealth became more and more diffused, and corporations grew up to collect the large and small amounts of unemployed capital, to build the gigantic works and conduct the great industries required by modern society. These two results are the inevitable consequences of increased intelli- gence and civilization. These great corporations, from the char- acter of the enterprises, are of necessity, in most cases, monop- olies. As such, the people have a right to demand that while the profits may accrue to private individuals, their management shall rise above merely selfish aims, and consult also the public utility and welfare. It has come to pass that in the conflict between


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capital and labor, the former is almost wholly represented by cor-


In porations, and the latter by various organizations. . these facts, we can discern the two roads that may eventually lead to the final settlement of the contest-the diffusion of higher edu- cation among the workingmen, and the conviction, on the part of capital, that it has now to deal with an equal competitor, whose claims and rights, together with his own, must be decided and adjusted by arbitration."1


As early as 1870, Governor Geary had urged upon the legis- lature the necessity of making provision for a geological survey of the State. The matter was delayed until 1874, when a bill was passed authorizing the Governor to appoint a board of ten scientific gentlemen who were to be entrusted with the selection of a geologist. Such a person was appointed in June, 1874, and the work at once progressed with great satisfaction. During the first year, examinations were made of the iron ores and roofing slates of York, Adams, Lehigh, and Northampton counties; the fossil iron ore belt of the Juniata valley; the bituminous coal basins of Clearfield and Jefferson counties, and the oil regions of Venango county. The work has been vigorously pushed from year to year, and interesting reports have been regularly pub- lished, thus forming valuable contributions to scientific literature.


In several of his messages Governor Hartranft emphasized the necessity of fixing proper limitations to the powers conferred on State banks, saving funds and trust companies. Besides one hundred and ninety-nine national banks, we had in 1874 one hundred and seventeen State banks and trust companies. Many of the State institutions performed the functions of a saving fund, a trust company, an insurance company, with powers also to buy and sell real estate, and to act as a building association. In many instances, these banks had a small capital, and, therefore, offered but little security to the depositors. In his message of 1875 the


1 "Pennsylvania Archives," Fourth Series, vol. 9, p. 596.


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Governor urged the enactment of a general law, requiring all banks to have at least $50,000 capital and subjecting them to fre- quent examinations. In 1876, the legislature passed a banking law, embodying some of the Governor's suggestions; but still he claimed that the measure was not as comprehensive as it should be. In his message of 1878 he favored the creation of a depart- ment of banking, headed by a commissioner, with duties similar to those of the Insurance Commissioner, who would regularly make an examination of the banks of the State and report their condition. In 1878 a bill to that effect passed the Senate, but was defeated in the House. In 1893 a law was enacted providing for the organization of a banking department, and it is now re- garded as one of the most important administrative offices of the State.


During Hartranft's administration the schools of the State continued to make satisfactory progress ; but one of the greatest defects was the lack of properly trained teachers. In the year 1874, of the 15,003 teachers receiving certificates, only 374 were found to have a thorough knowledge of the common branches. Governor Hartranft's references to the schools in his messages form interesting contributions to educational literature. In 1874 and 1875, he presented strong arguments to the legislature in behalf of compulsory education. He said: "The lesson of the common school is love of country and obedience to authority. Can the time and attention of those entrusted with government be employed upon a subject more vital to the interests of society than to secure the education of every child within the operation of its laws? and I sincerely trust that from the wisdom of the legislature will be evolved some plan that will at least gather the neglected children of the Commonwealth into institutions where, jointly with the contributions of charitable people, she can pro- vide for their maintenance and instruction." The Governor was likewise strongly impressed with the necessity of providing in- dustrial education for the children of the State. He realized that




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