Constitution of 1790, the First for the State, Adopted September 2, 1790

The convention to frame a Constitution for the government of Pennsylvania as a State completed its labors September 2, 1790.

On that day the members signed the instrument, after which they went in procession from the State House to the court-house, where the new Constitution was proclaimed.

Provision had been made for the continuance in office, until the new government went into operation, of the Supreme Executive Council and other State officers, but not of the Legislature, and the latter 604body believing its authority had ceased, did not proceed to the transaction of business on the following day.

At the election held in October, Thomas Mifflin, of Philadelphia, who had been president of the Supreme Executive Council since November 5, 1788, was elected governor over General Arthur St. Clair.

The new Legislature met in the State House December 7, and on December 21 the change of government was formally effected.

A procession was formed at the chamber of the Supreme Executive Council, which moved to the old court-house at Second and Market Streets, where the old government yielded up its powers, and the new government was proclaimed. Governor Mifflin was inaugurated “with much ceremony.”

On January 1, 1791, the City Councils, Mayor, Recorder and a great number of citizens waited on Governor Mifflin and tendered him their congratulations.

The first constitutional convention, whose most conspicuous members were Benjamin Franklin, David Rittenhouse, George Ross and James Smith, met at Philadelphia July 15, 1776, each one taking, without hesitancy, the prescribed test oath, and organized by the selection of Benjamin Franklin, president.

The labors of this convention were completed September 28, when the Constitution was adopted, and went into immediate effect without a vote of the people.

This Constitution vested executive authority in a Council of Safety, presided over by Thomas Wharton, Jr., composed of twelve members, one from Philadelphia and one from each of the counties. The legislative power was vested in a General Assembly of one house elected annually, and consisting of six members from Philadelphia and six from each county. The supreme executive power was vested in a President, chosen annually by the Assembly and Council.

A Council of Censors, consisting of two persons from Philadelphia and two from each county, was to be elected in 1783, and in each seventh year thereafter, whose duty was to supervise the Constitution and the branches of government, with a power to impeach.

The Constitution of 1776 also provided that, “all useful learning shall be duly encouraged and promoted in one or more universities.” This was the first time in America that higher education was made a part of the fundamental law.

Following the successful termination of the Revolution the Pennsylvania Constitution of 1776 proved inadequate for the requirements of a useful and effective State Government, and its revision was demanded.

On March 24, 1789, the Assembly adopted resolutions recommending the election of delegates to form a new Constitution. The Supreme Executive Council refused to promulgate this action of the Assembly, 605but acquiesced in September. An election was held in October, when delegates were chosen.

The convention met November 24, 1789, and in it were the first talents that Pennsylvania could boast. Thomas McKean, Thomas Mifflin, Albert Gallatin, William Findlay, James Wilson, William Lewis, James Ross, Alexander Addison, Edward Hand, Samuel Sitgreaves, Joseph Hiester and Thomas Pickering were among the members. Thomas Mifflin was elected President.

After a long session the members adjourned in the ensuing year to meet again, when the subject of the Constitution was again taken up and concluded, and the new instrument adopted September 2, 1790.

The most radical changes were made in the executive and legislative branches of government.

The Supreme Executive Council was abolished, and a single executive called a governor was created. The Assembly ceased to have the sole right to make laws, as the legislative body was divided into two branches, a Senate and a House.

The former judicial system was continued, excepting that a Supreme Court was provided, the judges of which were to be appointed during good behavior, instead of for seven years.

The Bill of Rights re-enacted the old Provincial provision copied into the first Constitution, respecting freedom of worship, rights of conscience, and exemptions from compulsory contributions for the support of any ministry. The recognition of God, and of a future state of rewards and punishments, was still demanded of all holding office, but a belief in the divine inspiration of the Old and New Testaments was not included.

The Council of Censors ceased to have authority, and the veto power was given to the Governor.

This body, with Frederick A. Muhlenberg as president, had met but once, in 1783. It then got itself into such a snarl with the Assembly that it became very unpopular.

Pennsylvania conformed in all important matters to the system upon which the New Federal Government was to be administered.

General Mifflin continued to discharge the duties of the chief executive with great ability, and was re-elected twice, serving in all three terms, the limit allowed by the Constitution.

Governor Mifflin was elected to the Legislature at the end of his service as Governor, and died at Lancaster, January 21, 1800, while serving in that body.

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