USA > Pennsylvania > Pennsylvania, colonial and federal : a history, 1608-1903, Volume Two > Part 8
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One of the most scholarly lawyers of the time was Ross of Reading, author of an excellent Latin grammar, while another of the same name was a solid, worthy lawyer of Pittsburg, who was the first choice for United States Senator. Dickinson was still living, hardly past middle life, but no longer a great force in society. His singular race as a public man was already run, al- though he lived eighteen years beyond the time we are now de- scribing. Graydon, the most brilliant and piquant writer of the time, was living, serving as prothonotary for Dauphin county, partly by favor of Dickinson's vote as president of the Supreme Executive Council. Yet Graydon did not like him. His judg- ment, though severe, is worth giving, for a correct judgment of this extraordinary man is the most difficult to render of all the men of his time. "In his station as president," says Graydon, "Mr. Dickinson added not much to his reputation, in the opinion of either of the parties. By endeavoring to stand well with both, he, unfortunately, pleased neither. Mr. Dickinson was very far from a consistent politician. Though so little of a Re- publican at the commencement of our Revolution as to haggle at independence, he became so outrageous a one in the sequel as to be an amateur of French liberty, and in respect to the parties in Eng-
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Guard House at Indian School, Carlisle
Built by Hessians whom Washington captured in 1776. Engraved especially for this work from a photograph in possession of Lieut .- Col. R. H. Pratt
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Conditions in 1790
land, a Foxite professed. To account for this, for certainly there is a glow of sentiment in his writings which would promise better things, we must have recourse to some casualties in his public ca- reer. In the first place, then, from his supposed want of energy while in the first Congress, Mr. John Adams had, in a letter inter- cepted and published by the British, styled him 'a peddling genius,' and Mr. Adams, being afterward President of the United States, and then thoroughly anti-Gallican, might possibly have contrib- uted to place Mr. Dickinson in the opposite ranks. Probably, too, the once celebrated Pennsylvania Farmer and writer of congres- sional addresses was not altogether pleased at finding himself in the background, and eclipsed by statesmen of less standing than himself."
Another leader whose race was nearly over, was George Bryan. Of Scotch-Irish ancestry, he was one of the most fiery, scheming and daring men of the time. He was especially dis- liked by the tories, and he reciprocated the feeling without abate- ment. West of the mountains were four men whose reputation was soon to fill the State and pass beyond. One of these was Albert Gallatin, a Swiss, who for twelve years was to be the sheet anchor of the administration of Jefferson and Madison ; Bracken- ridge, afterward in Congress and attaining a fine reputation as a judge; Findlay, who also served with distinction as a member of that party, and Addison, who finally became the victim of party intolerance and was unjustly deposed.
Rittenhouse was still living. In 1789 he resigned the office of treasurer, which for thirteen years he had held with the con- fidence and approval of all parties. In his letter of resignation he informed the Assembly that his health was not good and he most earnestly wished to devote some of the few remaining hours of his life "to a favorite science." He had been annually elected by the unanimous vote of the Assembly, a circumstance on which he might justly reflect "with satisfaction." "He would not pay," he said, "so ill a compliment to those he owed so much, as
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to suppose the principal motive in these repeated appointments was any other than the public good, yet he was very willing to be- lieve that a regard to his interest was not wholly out of view. He had accepted the office when it was attended with difficulty and danger, and consequently when there was no competition for it. Soon afterward a depreciated currency made it extremely burden- some without any prospects of profit. But if the embarrassments of the office had in general been little understood by the outside world, and if the rewards had been greatly exaggerated in public opinion," he was still more grateful to the several Assemblies, who, under these impressions, had nevertheless continued him so long their treasurer.
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CHAPTER VI.
THE CONSTITUTION OF 1790
T HE constitution of 1776 had been hastily prepared amid great excitement and was adopted with the determined spirit that characterized all public measures during the Revolutionary period. Only the extraordinary condition of affairs justified the strong methods that were employed to set aside the frame of gov- ernment under which the people had so long lived. Even though it had become somewhat antiquated, it might have been improved by regular methods; nor would any more time have been needed in mending it than in constructing another. That the constitu- tion amended in the regular manner would have been more ac- ceptable to a larger number of people, no person would deny. But such an instrument would not have served the determined pur- poses of the leaders. They were animated with patriotic senti- ments and certainly were mastered by them, although their action appeared to be arbitrary. They were filled with ambition and the love of power, but they were not utterly selfish men. The time had come when by vigorous methods they could get control, and they improved the opportunity. So they grasped the prize, knowing that in doing this they were sure to alienate a large num- ber of persons whose wealth and influence it was most desirable, if possible, to retain. They were censured for what they did, yet it would be unfair to accuse them of dishonest purposes.
The chief objections to the constitution were the existence of a single legislative body, and a council of censors consisting of
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two men from each city and county in the State, whose functions in American history were of an unusual character. The first council of censors was elected in 1783, and the members were to liold office for seven years. They were to meet annually and inquire whether the constitution had been preserved inviolate; whether the legislative and executive branches of the government
St. Joseph's School House, Church and Residence, in 1776
From an old print
had performed their duty as guardians of the people; whether the public taxes had been justly laid and collected, and in what manner they had been used, and the laws in general had been executed. A majority of their number was sufficient for action on every matter, except the calling of a convention to revise the constitution ; to do this, the consent of two-thirds was necessary.
There had been some question concerning the authorship of this unusual provision ; it had been ascribed to James Cannon and George Bryan, both ardent revolutionists. Cannon was a mem- ber of the constitutional convention and a professor of mathe- matics in the College of Philadelphia. A critic of the time says
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The Constitution of 1790
of him, that "it may not be uncharitable to presume that, having little knowledge of men, and that scholastic predilection for the antique in liberty which generally falls to the lot of a pedagogue, he acted accordingly." Bryan was an Irishman, a great reader, a fluent talker, opposed to whatever was English, and though not a member of the constitutional convention, he was leagued with those who were, and the constitution of 1776 was unquestionably colored by his strong opinions. A writer who has carefully studied the subject of the formation of the entire constitution, says : "One may reasonably infer that it grew out of the com- bined views of the radical wing of the people's party, in which were Timothy Matlack, James Cannon, George Bryan, Dr. Thomas Young and Thomas Paine. Matlack and Cannon were members of the convention and of the committee for drawing up the frame of government ; and the fact that George Bryan is asso- ciated with it leads to the inference that the views of the entire group found expression, in a measure, in the frame of govern- ment."
The constitution fairly reflected the political opinions of those who were opposed to the older one, besides preserving so much of it as the people regarded with favor. The single legislative body was simply a continuance of the old system, and so were the features relating to annual elections. Manhood suffrage was based on the payment of taxes and one year's residence. As the office of governor was swept away and as the people dreaded to give one man so much power, the constitution of 1776 provided for the creation of an executive council which should choose one of its number president. Indeed, one of the most radical de- partures in all the revolutionary legislation, after sundering rela- tions with Great Britain, both in the Continental Congress and in the State Assembly, was the unwillingness to endow any person with much power. If the authority of Great Britain was feared, it is certain that the people did not put enough in the possession of any one to enable him to turn usurper and obtain supreme con-
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trol. In this respect the people were consistent in their action ; nor did their leaders at any time show a disposition to abuse their trust. Though many errors may be ascribed to them, the abuse of power is not among the number. As all bills by the former constitution were to be printed for consideration by the people before they passed to a third reading, and then were to wait until the next session of the legislature for final considera- tion, hasty legislation was prevented. Naturalization required one year's residence, after which a person could vote, and the fol- lowing year hold office. As the friends of the old constitution were greatly displeased with these radical changes, steps were at once taken to secure its amendment or overthrow. Whether it was better fitted than the old one for the times, the hasty manner of framing and adopting it was a great shock to the public. Though a single legislature was the continuing of the old method, and not the desire of Franklin, it was called a "mob government." Joseph Reed evidently thought that the seven years' delay before amendments could be made was its weakest feature, and many others shared this opinion.
Petitions were presented to the Assembly for amending the constitution, while a memorial addressed to the citizens of Penn- sylvania, purporting to come from the members of the Republican Society. contained several eminent names. The petitioners ridi- culed the idea that a second legislative house would not be like a "House of Lords," as was asserted by the council of censors, and on the occasion relieved themselves of their mental burden in vigorous expressions of disapproval. For nearly a hundred years the old system of government had been in operation without a thought of creating a second legislative branch. The Assembly had often been subjected to criticism for its action, but no person ever suggested as a remedy the creation of a second, or revisory body.
All effort to secure a revision of the constitution proved un- availing and public opinion smouldered in discontent, waiting for
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the first seven years to pass and hoping for a revision that would conform more to the wishes of a larger number of the people. The bitterness of some of the opponents to the constitution and to those who had gained control of the government was intense. "I have not time nor patience," so one of them wrote, "to mention in how many instances the Assembly had infringed the inviolable frame of government, or to point out the impropriety of some late appointments ; it is sufficient to say that the late steps give infinite dissatisfaction to the men of property and understanding. The clamors of the red-hot patriots have subsided into easy places and offices of profit. The posts of mere trust go a-begging. No one can be found to accept them."
If the enemies of the constitution were numerous and bitter, it had likewise numerous and devoted friends. Its democratic character made it popular, especially in the interior counties. The prospect of "uniform and epaulets, with militia titles and paper money, making numbers of persons gentlemen who had never been so before," aroused this class to an unknown degree. New leaders came to the front and the ease with which they got into office and assisted in managing public affairs, yielded a pleas- ure all the greater because it was so unexpected.
The Council assembled, as the constitution required, on the 13th of November, 1783, and Frederick A. Muhlenberg was elect- ed President. A majority of the members favored amending the constitution, so that the legislature should consist of a house of representatives and a legislative council; that the executive power be vested in a governor with a veto power; that the assembly should consist of one hundred members and the legislative council of twenty-nine members; that the judges should be appointed by the governor to serve during good behavior, with fixed salaries; and that the council of censors should be abolished. These amendments were favorably regarded by twelve censors, while nine were opposed to them. The only method of adopting them was by a constitutional convention, and unfortunately two-thirds
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of the members must unite to do this. As more than a third was opposed, the council failed. The majority then issued an appeal in which it was declared that the constitution was faulty when com- pared with the constitutions of other States; that the majority, but not two-thirds, desired to amend it in ways that would render it less dangerous to the liberties of the people; that it was framed in the heat of party passion when a foe menaced the State and many of the citizens were absent on military service; that many who opposed it at the outset had submitted with the understanding that it should be amended; that seven years had elapsed and a minority that did not represent one-third of the people bound the majority, as if they were afraid to trust the people to frame a gov- ernment for themselves; and that the proposed changes were not experiments, but had been tried in other States.
The minority also issued an appeal. They asserted that time had been wasted by the obstinacy of a small majority in trying to make a new constitution instead of considering the infractions of the old one; that the single executive, or governor, would be dangerous, and especially with the veto power ; that the minority was manfully struggling to preserve the present constitution ; that the proposed second branch of the legislature was in effect a "House of Lords." Then followed a pamphlet war on the action of the convention. Though highly seasoned, the pamphleteers did perhaps advance more reasons than are usually found in simi- lar productions of those days, defending or criticising the consti- tution. The war lasted through the summer, but was not es- pecially bitter. Each side earnestly contended for its opinions and felt that much was at stake.
On resuming its sessions, the Council took up the report of the committee appointed in the early days of that body, to inquire whether the constitution had been preserved inviolate since its adoption. It was thought that the instrument was clear in its principles and worthy of the respect of the people. The committee then considered the alleged infractions of the constitution, which,
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John Armstrong
Officer in French War, 1755-1756, commanding Expedition at Kittanning; received the first Brigadier-General Commission issued by the Continental Congress, 1776. Reproduced es- pecially for this work from an engraving in possession of John Armstrong Herman
The Constitution of 1790
although they were of minor importance, were deemed proper subjects of investigation at this time, and especially so when the question of the life of the constitution itself was at stake. But notwithstanding the infractions the committee finally. re- solved "that there does not appear to this Council an absolute necessity to call a convention to alter or explain or amend the con- stitution." This report was adopted by a vote of fourteen to eight, a marked change in the opinions of some of the censors since their previous action. Let us inquire into the causes which had wrought this change. A petition signed by eighteen thou- sand persons had been sent to the Council of Censors, opposing all changes. This petition doubtless impressed the members. Then, too, George Bryan had been elected from Philadelphia to fill the vacancy caused by the resignation of a conservative, named Miles. The election of Bryan, a radical of the radicals, was an indication of the drift of public sentiment. Muhlenberg admit- ted early in the summer that the conservatives were beaten, and attributed it to the "blind passion and mad party spirit of the com- mon crowd." Joseph Reed thought their chief mistake was in presenting too many amendments and that if only a few had been proposed, the needful two-thirds vote of the censors to hold a con- vention might have been secured. Bryan was severely attacked and was characterized as the Censor-General of Pennsylvania. In justification of their course the censors simply issued an address to the people and then adjourned. They admitted that there were defects in the constitution, but as they themselves could not agree on the changes needed, they had decided against calling a conven- tion. They also set forth some infringements on the constitution, and regretted the lack of unanimity among themselves. This address, however, was not a unanimous product, for of the twenty-one, nine did not approve of it.
Thus the first session was ended, and the constitution, which had been assailed so long, still remained unchanged. This was a keen disappointment to those who had been patiently waiting to
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have the constitution amended; and yet, radical as were those in control and determined as they were to maintain the constitution, besides resorting to some strong war measures, they had done nothing to indicate an intention to overthrow the liberties of the people. They were fond of office, of power; this ancient senti- ment could in no wise be stilled in them, yet they were true be- lievers in liberty. The people had not yet learned the lesson that good government is, after all, more an affair of men than of constitutions. Penn went to the bottom of the matter when he said that good government depends far more on good men than on the wisest laws. The constitution was not the sheet anchor of liberty, but only the expression of it; this was a personal quality to grow and be preserved within people by personal action, and not by extraneous action.
The President of the Council, Muhlenberg, wrote a letter to his brother in the summer of 1784, during the adjournment of the Council, setting forth the prevailing feeling. He declared that blind passion and mad party spirit were so strong and bitter that its possessors "would rather put up with three times as many de- fects of the constitution than with the convention." But he also asks: "Is there not a real aristocracy where a few leaders of the party, by untiring effort, manage to withhold from the people" their own power? "Do they not betray a ridiculous fear that in a convention based upon equal representation of the people the people might alter the constitution ?" Then he justly finds fault that 1,500 taxables in Washington, Bedford, Westmoreland and other back counties, which had paid little or no tax during the Revolution, should have as much to say in the Council of Censors as those from Lancaster or Philadelphia, which had borne the burdens of the State.
The discontent with the constitution did not die with the in- action of the censors. The old confederation was now expiring and the chaos was becoming darker than ever. Finally when all authority was gone, and the people had suffered enough from the
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The Constitution of 1790
lack of it, they were willing to adopt another constitution contain- ing the principles of enduring life.
The same movement that led to the ratification of the federal constitution by Pennsylvania, stirred the waters in another di- rection. If the federal constitution could be ratified by a con- vention, why could not a convention be called to make and adopt another constitution for Pennsylvania? Out of this idea in due time grew a petition addressed to the legislature, asking that body to take needful steps to call a constitutional convention. Resolu- tions embodying the idea were presented for the consideration of the members. These were opposed, among others, by James Mc- Lane, who had been a censor and was opposed to the calling of a constitutional convention of 1783. The main argument was that the constitution of 1776 had provided a way for amending it, through action by the censors, and that any other would be un- constitutional and revolutionary. The committee of the whole debated the resolutions and reported to the House in their favor. The report declared that it was believed the people desired this in preference to that made by the Council of Censors, which was not only unequal and unnecessarily expensive, but too dilatory to produce the speedy and necessary alterations which the late change in the political union and the exigencies of the State re- quired. Furthermore, the bill of rights recognized the people as possessed of all the necessary powers in the premises ; that the members of the Assembly had mixed with the people of the State and found them desirous of having a convention called; that this proceeding was right and necessary. The report recommended that the members of the convention be elected in the same manner as members of the Assembly and on the same day, and the sugges- tion was added that the convention should meet, propose the need- ed alterations and amendments, submit them to the people for their consideration, and then adjourn four months previous to the final completion of their work. The resolutions passed by a vote of thirty-nine to seventeen.
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Pennsylvania Colonial and Federal
A correspondent of the "Gazette" declared that the Assembly had acted in accordance with the wishes of the people; that the Council of Censors was elected under the same vicious principle as that in which the constitution was framed; "each county, great and small, had the same number of voters, each had a vote." The people had tested the Council of Censors once and had been dis- appointed ; they had proved an impassable wall to any improve- ment. Benjamin Rush, who had opposed the constitution of 1776, was still its enemy, and urged Timothy Pickering, of Lu- zerne, to become a member of the constitutional convention. He felt that the constitution ought to be changed to conform more fully "with the new continental wagon." Albert Gallatin was in favor of a change, but in the prescribed way, through the censors. He was a member of the convention and had a high opinion of the character and ability of the members. Indeed, there was a strong and general feeling, especially among the most intelligent, that the constitution of 1776 had been hastily framed and was inadequate, and was still more so with the changed situation of the later period.
On the 24th of November, 1789, the convention met to revise the constitution. Its members had been chosen at the annual elec- tion. The Assembly had directed them to frame such amend- ments as were necessary, publish them, and after an adjournment of four months to ascertain the will of the people, to reassemble and complete its work. So the censors were ignored and a method was adopted for forming a new constitution as revolution- ary as that adopted for forming the constitution of 1776. The conservatives of that day who were trying to save the political ark in which they had securely floated for so many years, in turn became the radical element that sought to overthrow the existing constitution by a method unknown to the instrument itself, though it had provided a clear way for revision. Neces- sity, which was the justification of the actors in 1776, was the justification by the makers of the constitution of 1790. Each
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IN C
N. GRESS.
The DELEGATES of the U FED COLONIES of New-Hamplhire, Maffechuferes-Day, Rhode-Ifland, Connecticut, New and Saffex on Delaware, Marylay
, New-Jerfey, Pennfylvania, the Counties of New-Caftle, Keer, virginia, North Carolina, South Carolina, and Georgia, to,
strona inquire~ and Confiden in your Patriotifm, Valour, Condus and Fidelity,
E Lepening efpecial TA
W.
DO by
and appoint you to be
E Borg
General
in the Army of the United Colonies hoftile Invalion thereof. Yougre
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