CHAPTER II THE DOWNFALL OF FRANKLIN'S GOVERNMENT IN PENNSYL VANIA THE Pennsylvania Constitution of 1776 was destined to have an unusually chequered career, all of which may be only briefly outlined here. A considerable number of the members of the Convention had refused to sign it, in this way expressing their dissatisfaction with the instrument. Among the number were George Ross, the Vice-President of the Convention, who presided in Franklin's absence, and George Clymer. Very vigorous opposition to the Constitution was developed in Philadelphia, so soon as the frame of government was made public. Thomas McKean, who was the President of the provincial conference from which the convention derived its powers, and of whom it was said that without book or written document of any kind, he one night drew up an instrument of government, which, with very little change, was approved and adopted as the Constitution of the State of Delaware,1 John Dickinson, Dr. Benjamin Rush, Colonel John Bayard and James Wilson, to name but a few of the eminent men of the city numbered among the Anti-Constitutionalists, openly expressed their dissent with the new principles. Public meetings were called, and were largely attended, resolutions were adopted, and many objections to the new Constitution were stated in extenso. It was declared "That the said Constitution differs not only unnecessarily from that to which the people have been accustomed, but in many important articles from every government that has lately been established in America on the authority of the people, from the sentiments of the honorable Continental 'Called for this reason the "Lycurgus of Delaware State". Cf. article in Pennsylvania Gazette, October 30, 1776. Congress respecting government, from those of the most distinguished authors who have deliberately considered that subject ".2 It was proposed in order to defeat the purposes of the Convention, and secure, if possible, another government, that at the first election under the Constitution, which was to occur on November 5, 1776, the electors and election officers should refuse to take an objectionable oath of fealty to the State which the Convention had prescribed; that the assemblymen when they should be elected, should not take an offensive religious oath, which was too liberal, and was considered to look toward atheism. It was recommended that councilors should not be chosen at the elections in November, of which officers it will be noted each county was to return one. The new Assembly, it was declared, ought to have “ full powers to make such alterations and amendments" in the Constitution as the members might consider to be necessary and proper. As a consequence, in the elections of November in Philadelphia city and Philadelphia county, the oaths were omitted, and councilors were not chosen,-quite in accordance with the plan which had been concertedly agreed upon. Anti-Constitutional candidates were elected to the Assembly, and it was understood that when they met they should at once proceed to a revision of the Constitution. From other parts of the State, however, candidates who viewed the Constitution with greater favor, were returned, though it is said that not more than 2,000 voters exercised the suffrage throughout the entire State." * Resolutions of meeting in the State House yard, Philadelphia, October 21-22, 1776; cf. Pennsylvania Gazette, October 23, 1776. * Section 40 of Constitution. Also ordinance of convention, in Minutes of Convention, p. 56. Sec. 10 of the Constitution; cf. Resolutions of the meeting in the State House yard, sec. 26. Ibid. 611 This Constitution was no sooner published, than it was reprobated by a great body of the people. Some of the members of the convention When the Assembly met, the opponents of the Constitution were strong enough, to effect one thing at least. By refusing to take their seats, they could prevent the house from organizing. John Dickinson, who led the Anti-Constitutionalists, seeing that there was no prospect of amending the Constitution through the Assembly, early in the session made the following proposition: "On behalf of myself and of others of my constituents, I agree that we will consent to the choice of a Speaker, sit with the other members, and pass such acts as the public affairs may require, provided that the other members, the majority, will agree to call a free convention for a full and fair representation of the freemen of Pennsylvania, to meet on or before the day of January next, for the purpose of revising the Constitution framed by the late Convention, and making such alterations and amendments therein as shall by them be thought proper," etc. The proposal having not been received with favor by the majority of the members, who composed it were insulted upon returning to their respective counties. Unfortunately for the State, General Howe invaded New Jersey, and pointed towards an attack upon the capital of Pennsylvania about the time fixed upon by the convention for the election of an assembly to execute the Constitution. A government of some kind became necessary to collect the force of the State to resist the approaching enemy. About two thousand voters only appeared in favor of an assembly. The members chosen took their seats, and after setting aside several parts of the Constitution which they had previously sworn to maintain, they undertook to execute the parts of it which remained. So obnoxious was the Constitution to the best men in the State, that the Executive Council, after tempting a number of them with the first offices in the government to no purpose, were obliged to call a Chief Justice and an Attorney General from the neighboring States."Pennsylvania Packet, Feb. 2, 1779. "It was in vain that some men of more prudence and foresight in the convention objected to many parts of the proposed Constitution in every stage of its progress. It was carried as it now appears, in heat and in haste. Necessity, the tyrant's useful plea, was urged for carrying it into immediate execution, without submitting it to the discussion or sovereign sanction of the people. Scarce a twentieth part of the people would countenance the Constitution by giving a vote under it at the first election."-Article in Pennsylvania Packet. Feb. 6, 1779. Dickinson and several of his colleagues withdrew from the house, which had the result of breaking a quorum. The situation was so grave, however, by reason of the approach of the British army, that the Continental Congress, in the absence of any organized authority in the State, threatened to intervene and establish a provisional government. The contending factions therefore agreed to elect a speaker, and proceed to the transaction of business, though Dickinson and his immediate following still refused to occupy their seats. Writs were issued by the speaker in February, 1777, for the election of members in their places. Councilors and other officers were also chosen at special elections, and on March 5, 1777, the Council and the Assembly, having met together in the manner contemplated by the Constitution, elected the first President and Vice-President of the State, and they were inducted into office with some ceremony." This appearance of vigor in the new government, however, did not have the effect of allaying the popular uneasiness and distrust, and the agitation for a new Constitution was soon renewed. The Whig Society, of which Paine, Cannon and Young were active members, was organized to oppose the anti-constitutional movement. In the spring of 1777, the threatening attitude of the British army once again occasioned alarm to Congress, and on April 14 it was resolved that the subject was so important as to require Congressional superintendency and oversight. On April 15 a committee of Congress to which the matter had been referred, reported that "the executive authority of the Commonwealth of Pennsylvania is incapable of any exertion adequate to the present crisis", which the Anti-Constitutionalists at once took to be an absolute condemnation of the new government. 'Weakness and languor are apparent in every part of the government. There is no regular administration of justice, whereby 7 Thomas Wharton, Jr., councilor for Philadelphia County, was elected President, and George Bryan, councilor for Philadelphia city, VicePresident. the enemies of our country may be punished and its friends. protected”, said a number of petitioners who addressed “ the President of the Executive Council and the Board of War 8 for the State of Pennsylvania", on May 6, 1777. They asked therefore" that as soon as the Assembly shall meet, application be made to them to recommend the election of a new Convention for the purpose of altering and amending the Constitution". The Board of War, Richard Bache, Chairman, on May 14, replied to its petitioners that it heartily approved of the proposition as a "salutary and necessary measure". The Supreme Executive Council itself on June 11, addressed the Assembly as the Board of War had done a few days earlier. In this communication, the councilors declared that "they are sorry to find the present Constitution of the State so dissatisfactory to any of the well-affected inhabitants thereof, and would gladly concur in any suitable and safe measure for the removal of this uneasiness; that they are of the opinion this might be greatly attained by taking the sense of the majority of the electors throughout the counties on the important question whether a Convention be holden at some proper time to reconsider the frame of government formed by the late Convention; that to fix the exact mode of obtaining the mind of the majority on the subject most properly belongs to their representatives; that the Council hope that if some suitable mode of advising and getting the people at large to declare themselves, and if this were advised and published at this time, great ease and relief would thereby be given to some persons who are dissatisfied as aforesaid; and that unanimity in the common cause so necessary at this time, will be promoted "." Even the Whig Society, which of course engaged itself in an effort to defeat the movement for a new Constitution, was now favorable to a plebiscite on this subject, as it or its suc 'A State Military Board appointed by the Supreme Executive Council. There was also a "" Navy Board". 'Colonial Records, Vol. XI, p. 220. |