USA > Pennsylvania > Pennsylvania, colonial and federal : a history, 1608-1903, Volume Two > Part 9
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. General by doing and perfor charge and require all Oficers and Brigadier Generala Time to Time, As you fhall receive
Icfence of American Liberty, and for repelling every: ty and diligently to difcharge the Duty of oregon dann of Things thercurte belonging. And we do fhictly Er your Command, to be obedient to your Orders as gre' to obferve and follow fuch Orders and Directions from or a future Congrefs of the United Colonies, or Committee ommandeY in Chiết for the Time being of the Army of crior Ofiger, according to the Rules and Difcipline of War, This Commillion to continue in Force until revoked by this his March !!! By Order of the Congress
of Congrefs, for that Purp the United Colonies, any other y in Purfuance of the Truft repofed in or a future Congress. Philade
John Hancock.
PRESIDENT,
Aug. @haithomson fu.1.
First Brigadier-General Commission issued by the Continental Congress
Engraved especially for this work from the original in possession of John Armstrong Her- man
The Constitution of 1790
party sent to the convention its most prominent men. On the Republican side, those in favor of a new constitution were Wilson, Mckean, Mifflin and Pickering; among the Constitutionalists were the names of Findley, Smilie, Whitehill and Gallatin.
Already new parties had begun to form. The Constitutional- ists had been divided into those in favor of revision and those who were not, and ultimately this change in amending the constitution led to still larger consequences. For some days the Republicans declaimed against the constitution of 1776, which surely tended to irritate the spirit of party and make things worse instead of better. Into this fermenting sea of talk Wilson did not plunge. The Constitutionalists felt themselves discredited in the eyes of the people by their strong opposition to the federal constitution, and were therefore desirous to reinstate themselves in public favor by a fair revision of the State constitution. Findley, the most influential and candid of these leaders, approached Wilson and between them an agreement was made concerning the mode of treating the existing constitution. . Findley was to make a pre- paratory speech, of a conciliatory nature, and Wilson was to fol- low with a series of resolutions embodying the changes to which they had consented. Findley's speech was as politic as could have been desired. "Even though the present constitution might be good in theory," he said, "yet so many deviations had been made from it, so great a difference of opinion had always existed about it, and the voluntary election of the present convention was such a testimony of want of confidence in it, that it was vain to think of restoring its energy without essential alterations." The convention then proceeded with its work and for once party bar- riers appeared to be removed. The lines along which the consti- tution was to be altered were fixed with but few dissenting votes. The legislature was to consist of two branches, the executive to be vested in a single person, with a veto power ; the judges of the Su- preme Court were to hold office during good behavior and have fixed salaries, and the bill of rights was to be revised and the
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rights of the citizens more accurately defined and made to con- form to the rest of the system. The two subjects which occasioned the warmest debate were the manner of electing the members of the senate and the regulation of the press. The committee on re- vision had reported in favor of choosing them through the medium of electors. Lewis, one of the most eminent lawyers of his time, urged that the senate should be chosen in such a manner as to form a check on the house of representatives, and the possi- ble impurities of an immediate election by the people would be avoided by means of electors. In choosing the senators by a selected few, it was presumable that their choice would be more respectable and more influential than if chosen by the multitude, and so would partake in no small degree of the proper qualities of an upper house. Wilson had offered his amendment of elec- tion in the same manner as the representatives, except by larger districts, and the wisdom of this was questioned because the two houses would then be of precisely the same character, too homo- geneous for either to operate as a corrective of the other. Wilson defended his plan with masterly ability. He contended that each body would operate as a check on the other by virtue of its esprit de corps and different periods of service, as the representatives were to be elected only for one year and the senators for four years. He urged, too, that the system of electors would open the door to unfair practice and intrigue; that the senators should be as favorably regarded by the people as the representatives, and be inspired with equal confidence by feeling that they were equally the chosen servants of the people.
Graydon says that the debate seemed to turn upon the idea that this was a contest between the principles of democracy and aristocracy, and that great advantages would be gained to either that might prevail. Wilson, hitherto deemed an aristocrat, a monarchist and a despot, as all the federalists were at that time, found his adherents on this occasion, with a few exceptions, on the democratic or anti-federal side of the house. In the end Wil-
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son triumphed and the elector system was rejected; and with it the proposed scheme for "protecting wealth" also fell to the ground.
The regulation of the press was another subject of animated debate, and the question was whether the truth should be received as a justification on prosecutions for libel. The lawyers were divided. Graydon was among the "simple voters," who thought that it ought to be given. Although absolved from his sin by federal opinion, as he afterward remarked, "I was then subjected to the imputation of wild innovation and democracy."
The new constitution was finally adopted without serious disturbance. The convention probably was the ablest State political association that had been convened for any purpose. Wil- son and Lewis were the chief debaters on their respective sides. Ross, Addison and Sitgreaves were younger men, who, by the part they took, added to their early reputation. If Gallatin said less, and did not rise so high into the common light of men, he far outshone them at a later period. "Wilson," says Graydon, "was truly great, but enthusiastically democratic." The adop- tion of the federal constitution had put him in good favor with the people.
Wilson was one of the most famous characters in Pennsyl- vania history in his time and by far the greatest figure in the con- vention. He was born in Scotland, pursued his studies at Glas- gow, St. Andrews and Edinburgh, and emigrated to Pennsyl- vania in 1766. At first a teacher in the College of Philadelphia, and also a law student in John Dickinson's office, he was admitted to the bar and settled at Carlisle, where he was living at the open- ing of the Revolution. He was already acquainted with the duties of public life, for he assisted in making the constitution of 1776, and of the federal constitution in 1787. He had served as a member of the Continental Congress, and had voted for the Declaration of Independence, to which he signed his name. He had also served as a brigadier-general of the Pennsylvania mili-
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tia, as advocate-general of France in America during the closing years of the Revolution, and represented the State in its contro- versy with Connecticut before the federal commission. Higher honors awaited him. In 1787 President Washington appointed him to a seat on the bench of the United States Supreme Court.
Scene of First Firing-Brandywine
Between Americans and Cornwallis' division, battle of Brandywine, showing where the road from Osborne's Hill crosses road near Birming- ham. Engraved for this work from a negative by D. E. Brinton
and the following year he was appointed professor of law in the University of Pennsylvania.
It may be said of Lewis, Wilson's contemporary, that he was one of the most industrious and eminent lawyers of his day, who, with only the education of a country school, began the study of the law and by industry rose to the head of his profession. He had served in the legislature and later stood high in the convention.
In the convention there were many others who deserve more than a passing notice. There was Pickering, from
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Luzerne, deeply interested in education and trying to secure an amendment for which neither the convention nor people were then ready and must wait many years. He favored free schools supported by the State. Chief Justice Mckean was a participant, but giving no sign of those strong democratic sentiments for which he became so well known during his executive career. There was Mifflin, then unconscious of the honors that were soon to fall on him as the first executive under the new constitution. There were Smilie and Findley, keenly sensitive to the sover- eignty of the people; such were some of the men who figured in this body. Filled with the same hopes and fears and ambitions as men of our own time, members of differing parties and re- ligious beliefs, they met for a common purpose, but how difficult it was for them to bring forth the best result from such discordant elements ; from minds so swayed by personal and party interest, by religious convictions, by the hope or fear entertained of the wisdom or ignorance of the people, and especially of their fitness or unfitness to govern.
Having completed its allotted task the convention, on the 26th of February, 1790, adjourned to give the people an oppor- tunity to examine its work. They waited more than five months for this purpose. Then on the 9th of August the convention re- assembled and three weeks more were spent in making minor changes. At last, on the 2d of September, the convention, with one dissenting vote, ratified and proclaimed the constitution to the people of the Commonwealth.
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CHAPTER VII.
MIFFLIN'S ADMINISTRATION-1790-1799
H AVING adopted a new constitution, the end of the old order of things had come and the Supreme Executive Council was to be replaced by a real governor, and legis- lation was to be the honest product of two legislative bodies. Mifflin was nominated as the leader of the Constitutional party, and General St. Clair of the Republican. Mifflin's nomination was easily effected, for he reflected all the elements of his party.
The two parties were in an unusual condition. The party of the revolution had been the radicals and since 1776, with the sin- gle exception of Dickinson's term, had succeeded in keeping in power. To do this it had often adopted and enforced harsh meas- ures; had enacted test laws and kept them in force long after the necessity for them had passed away, because it was known that their repeal would be accompanied with the crash of its downfall and the exultation of its enemies. For the same reason it had opposed the revision of the constitution, although well aware that it was defective, and seeing that revision was inevit- able, it at last yielded quite as much as its opponents desired. Yet the attack made by Wilson on the elector plan for choosing sen- ators was decisive for the Republicans and indicative of the great political change that was soon to come. For this great change the people were not quite ready. Perhaps the Republicans would have succeeded in 1790 had they nominated a man possessing more popularity than St. Clair. He had been a faithful but not
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Mifflin's Administration
conspicuous officer in the Revolution, and there was nothing in his career especially to recommend him to the more conservative ele- ments in the Republican party who had never been inflamed with the war fever. He was nominated, believing that the real oppo- nents of the Republicans would support him, and that his war rec- ord would draw others who had favored the Revolution. In other words, he stood for revolution, though nominated to a large ex- tent by the anti-revolutionary party. At the head of his party at that time were Frederick A. Muhlenberg, James Wilson, Rob- ert Morris, Colonel Miles, James Rush and others, who published an address recommending St. Clair. He had served as Governor of the Northwest Territory and was everywhere known and re- spected, yet was lacking in that popularity which Miffln more for- tunately possessed. In the address issued by the leading repre- sentatives of the Republican party, the two chief points they urged were his patriotism and Washington's regard for him. "His eminent abilities," said the address, "have rendered him as con- spicuous in peace as his military talents and knowledge rendered him useful in war. . . . Nature seems to have formed him for public life; his amiable manners, his strict integrity, his compre- hensive mind and extensive knowledge, his steady patriotism and his decisive and independent judgment in public affairs, all con- spire to qualify him, in an eminent degree, to discharge the duties assigned to the office of governor by our new constitution." These things were true and yet he was no popular idol like his opponent. Though Washington seemed to have had a high re- gard for his abilities, he never had especially distinguished himself during the war. Mifflin was one of the most popular men in the State. He had all along favored a constitutional convention, for he saw the need of revising that instrument. He was forty-six years old, and though not of imposing stature, with a strong frame, he impressed others with his power and could endure much. A most cheerful, affable, companionable man, he won the regard of all by his warm and engaging manners. Besides
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his winning personal qualities, he was a fluent speaker, with a fine voice and animated manner.
When twenty-eight years old Mifflin began his public career as one of the two burgesses to represent the city of Philadelphia
James Wilson
Educator; statesman; delegate to Provincial Convention, 1775; Indian commissioner, 1775; signer Declaration of Independence, 1776; ad- vocate-general for French government, 1781; counsel for Pennsylvania in Wyoming Valley land controversy with Connecticut, 1782; con- gressman, 1783-1785; member Federal Constitu- tional Convention; associate justice United States Supreme Court, 1789-1798
in the provincial legislature, and was elected the following year, having for a colleague the renowned Franklin. Early scenting the Revolutionary breeze, he was, in July, 1774, included in the list of delegates to the first Continental Congress. Of these dele- gates he was the youngest.
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When the news of the battle of Lexington reached Philadel- phia, the people soon heard from Mifflin and learned what manner of man he was. A town meeting was called, resolutions were re- ported and addresses were delivered. The youngest of those who spoke, perhaps he was the most fearless. "Let us not," he said, "be bold in declaration, and afterward cold in action. Let not the patriotic feelings of to-day be forgotten to-morrow, nor have it said of Philadelphia that she passed noble resolutions, slept upon them and afterwards neglected them." What he asked others to do, he did himself. As men began to realize that resistance must take more serious form than words and resolutions, Mifflin en- listed, was appointed major, and departed for the military camp before Boston. After the evacuation of Boston he received from Congress the commission of brigadier-general. For a consider- able period, also, he acted as quartermaster-general. After the disastrous battle of Long Island and after Washington had re- treated through New Jersey and the people had become greatly depressed, Mifflin was besought to rouse the failing patriotism of the public, and he at once started on his mission. The inhabit- ants were assembled at every convenient place of public resort, and he contributed much to awaken a new hope. So noteworthy, indeed, had been his efforts that Congress conferred on him the rank of major-general. In relation to the charges brought against Mifflin as an officer of the American army and of the subsequent investigation by the order of Congress, Rawle says : "We may reasonably suppose that this procedure arose from clamors with which Congress was beset, and which they knew not how other- wise to appease. His particular friends might, indeed, have con- curred in the measure from a desire of vindicating his character, and it is not improbable that the commander-in-chief was himself satisfied that no neglect of duty was imputable to him. We may account for the distress of the army, as proceeding from a variety of causes not imputable to General Mifflin. It is certain that he earnestly courted inquiry, and after waiting some time and find-
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ing that no proceeding took place, he indignantly returned his commission to Congress, and insisted upon being allowed to re- sign ; but this application was not more successful than the for- mer."
The closing of Mifflin's military career was not a withdrawal from public service. In 1783 he was appointed by the legislature of Pennsylvania a member of the Continental Congress, and soon afterward he was elected President of that body. While thus serving he received the resignation of the military commission of Washington, by which he had been borne "to glory and his coun- try to independence." Ill-treated, poorly sustained, with an in- triguing party behind and trying to overthrow him, amid all trials standing firm as a rock, Mifflin kept his own counsel, restrained his wrath, and kept his eye single to the path of duty. Nothing led him aside, nothing swerved him; no one knew better than he how numerous had been his enemies, or how great were his trials and his triumphs. In a short time after leaving Congress he was a private citizen, but not long. In 1785 he was again elected to the legislature, and three years afterward was a member and Presi- dent of the Supreme Executive Council, succeeding Franklin. In forming the constitution of 1790, he presided over the convention, and in October of that year was elected the first Governor to ad- minister it.
Mifflin's election was evident from the outset, for as there were no real issues, the result turned chiefly on his better known personal qualities. Parties had not yet become crystallized with definite issues, hence the personal popularity of their candidates largely determined their success. Such was the political tide on which Mifflin floated into the executive chair. His success was chiefly his own; he had builded his own house. With a new con- stitution which was satisfactory to almost every one, and a Governor hardly less so, the people soon settled into peaceful ways. It was a relief to feel that once more the country and the State were living under constitutional forms possessing real life
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and vitality. The Assembly chosen under the new constitution contained various political elements, many of them of exceedingly good quality, others somewhat indifferent, but taken together this first legislative body under Mifflin was representative of the different interests of the State and performed its difficult task to the general satisfaction of the public. But in its entirety the Assembly was a fairly representative body, in its personnel fully reflecting the times ; its duties were performed fearlessly and hon- orably, and the criticisms put upon it by certain newspaper writ- ers were not more than expressions of individual opinion, such as have been visited upon every house of Assembly from Mifflin's day to the second year of the twentieth century.
The Governor's chief political adviser was Alexander J. Dal- las, who was appointed to the office of secretary of the Common- wealth. His biographer says the office was "unsought and un- expected." Dallas was then a young man, profitably practicing law, yet deeply immersed in politics. He knew the leading men in the State and maintained an active correspondence with Gallatin, Findley, Smilie, Addison and others who shared political sentiments in harmony to his own. Of undoubted abil- ity, strong-minded, honest and incapable of meanness, he strongly impressed himself on all who knew him or heard him speak. Mifflin, realizing his worth, kept him in office during the nine years of his governorship.
After the adoption of the new constitution the course of legis- lation turned in various channels, for measures of great public im- portance required attention ; and while some of these measures were for the promotion of internal improvements for the benefit of the people of the whole State, others were of less public charac- ter and appeared to favor individual enterprises, and therefore all were made the subject of criticism on the part of the non-progres- sive element of the community. One of these measures was that urged by the Society for the Improvement of Roads and Canals, and which contemplated the construction of highways and arti-
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ficial water courses at the expense of the State. This suggestion aroused a storm of opposition so great that the legislature was compelled to reject the proposition as originally presented and to pass bills providing only partial and doubtful encouragement for the enterprises sought to be established. In various quarters the proposed legislation for road and canal construction was de-
Sconneltown
Battle of Brandywine, 1777; halt on route of Cornwallis' division. Engraved for this work from a negative by D. E. Brinton
nounced as foul, deceptive and destructive, and the non-progress- ive element gladly took up the cry and sent its echoes far and wide throughout the State, until the legislative mind became so con- fused and led away from the true purpose of the measure that the work of development of natural resources in Pennsylvania was delayed for a score of years at least, and all interests were made to suffer. At a later period the feeling of opposition was over- come, the improvements originally contemplated were carried into
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operation and great good resulted thereby; and now, notwith- standing the truth of the fact that iniquities did creep into the sys- tem of public improvements established by the State, and the fur- ther fact that there was realized on sale but a small part of the outlay for construction, no person can honestly regret the ex- penditure of the millions of dollars in building up the great sys- tem of public works that ultimately gave Pennsylvania a standing among the progressive States of the Union. This special subject is treated elsewhere in this work, hence further allusion to it in this place is unnecessary.
In addition to the improvement of roads and water courses, the important measures which seem to have demanded early legis- lative action were those relating to banking and paper currency, the disposition of the public lands, individual and local needs re- sulting in general laws and "the expansion or contraction of local governing as correctives of defects in the more general adminis- tration of the State."
In his first message to the legislature the Governor referred to the need of improving the ways and means of transportation for the general welfare, and, on the other hand, the suggestions re- lating to bank legislation appear to have been interpreted as an attempt to confer special favors upon individuals, while the pub- lic welfare was made of secondary importance. This was the occasion of an outcry against class legislation, favoritism, and an arrayal of a moneyed aristocracy against the common people, which has been heard in all generations of the past-and is not un- known in the present-but was only the rantings of the demagogic element of that period. The object of creating banks was, is, and always should be, individual profit, and therefore public wel- fare.
Legislation concerning the sale of public lands was said to have been colored largely by the hope of personal gain as opposed to the true interests of the State. The same feeling that existed among land owners in Penn's time in opposition to him, continued
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after the State became the owner. The persistence in private legislation, though free from objection save that of wasting time and energy, and the slowness of the legislature in enacting gen- eral laws comprehensive enough to include nearly the whole field of private legislation, as in the example just given, was extraordi- nary.
The General Assembly convened on the 7th of December, 1790, and the Governor's address was read before the Senate and House. It described the financial condition of the State, the decrease of its debt, the need of revising many laws in consequence of the adop- tion of the federal constitution, the operation of the penal laws, in which it was stated that since the adoption of the new regula- tions respecting the confinement and labor of convicts the num- ber of offenses had been comparatively few. The Governor re- ferred to the importance of surveying the roads and rivers, of regulating wages and compensation of public officers and other matters.
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