Council of Censors First Met Under Constitution of 1776, November 13, 1783

The Constitution of 1776, as would be expected, was hastily prepared. Great excitement prevailed everywhere throughout the Province and the document was adopted with the same determined spirit which characterized all public movements during that thrilling period of our history.

Nothing less than the impending war for liberty could justify the methods that were employed to change the frame of government under which the people had lived for nearly a century.

The most effective improvement in this instrument could have been made by amendment in the regular manner, but this method would not have served to satisfy the determined purposes of the leaders of that day.

The chief objections to the Constitution were the existence of a single legislative body, and a council of censors consisting of two men from each city and county in the State to hold office for seven years.

The function of the censors were of a most extraordinary character. The members were to meet annually, and inquire whether the Constitution had been kept inviolate; whether the legislative and executive branches had carefully functioned; whether taxes had been justly levied and collected, etc. A majority vote of their number was sufficient to determine every action, excepting the calling of a convention to revise the Constitution, which alone required the consent of two-thirds of the council.

It is believed that George Bryan and James Cannon were the authors of this unusual provision. Both were ardent patriots.

The Constitution fairly reflected the political opinions of those opposed to the English Parliament.

The office of Governor was swept away, and the Constitution of 7951776 provided that the Supreme Executive Council should choose one of its number President, whose duties were those of the Chief Executive.

Every effort to secure a revision of the Constitution proved unavailing and public opinion waited impatiently for the first seven years to pass, in the hopes that a revision would then be possible. If the enemies of the Constitution were numerous and bitter, it had also many enthusiastic supporters.

The Council of Censors assembled, as the Constitution required, on November 13, 1783, and continuing in session nearly a year, adjourned finally September 25, 1784. Frederick A. Muhlenberg was elected President.

Various amendments were discussed and strong difference of opinion manifested, but in the address of the freemen of the Commonwealth of Pennsylvania, at the close of their labors, they recommended a continuance of the frame of government.

They say, “if with heart and hand united, we will all combine to support the Constitution, and apply its injunction to the best use of society, we shall find it a source of the richest blessings. We would earnestly recommend this to you. Give it a fair and honest trial; and if after all, at the end of another seven years, it shall be found necessary or proper to introduce any changes, they may then be brought in, and established upon a full conviction of their usefulness, with harmony and good temper, without noise, tumult, or violence.”

A majority of the members favored amending the Constitution, so that the Legislature should consist of a house of representatives of 100 members and a legislative council of twenty-nine members; that the executive power be vested in a Governor with a veto power; 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.

Twelve Councilors favored and nine opposed these amendments, a two-thirds vote could not be had. The majority issued an appeal, as did the minority. Then followed a pamphlet war on the action of the convention, lasting all summer. It was not, however, especially bitter.

On resuming its sessions the Council then assumed its rights under the Constitution, but could arrive at no definite conclusion, and finally resolved “that there does not appear to this Council an absolute necessity to call a convention to alter or explain or amend the Constitution.” This report was adopted by a vote of 14 to 8, a marked change in the opinion of some of the censors since their previous action.

This change was occasioned by the people. A petition signed by 18,000 persons had been sent to the Council of Censors, opposing all changes in the Constitution. Then, too, George Bryan had been elected from Philadelphia to fill the vacancy caused by the resignation of a 796Conservative. Bryan was a radical of the radicals, and his election was sensed as an indication of the drift of public sentiment.

President Muhlenberg admitted early in the summer that the Conservatives were beaten, and attributed it to the “blind passion and mad party spirit of the common crowd.” General Joseph Reed thought their chief mistake was in presenting too many amendments. Bryan was severely attacked, and was characterized as the censor general of Pennsylvania.

In justification of their cause the censors simply issued an address to the people and then adjourned. They admitted that there were defects in the Constitution, but they could not agree on the changes. Even this address lacked unanimity, for twelve voted for it and nine opposed it. Thus the Constitution, which had been assailed so long, weathered the first storm and still remained unchanged.

The discontent with the Constitution did not die with the inaction 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 for the lack of it, they were willing to adopt another constitution containing the principles of enduring life.

The movement that led to the ratification of the Federal Constitution by Pennsylvania gave the proponents of a new constitution the suggestion that a convention should be called to adopt another constitution for Pennsylvania.

The necessary steps were then taken, and the Legislature, acting upon petitions addressed to it, after many heated debates, reported the resolutions from the Committee of the Whole with favorable recommendations.

By this time it was clearly evident the majority of the people desired this in preference to a new Constitution made by the Council of Censors.

Furthermore, the Bill of Rights recognized the people as possessed of all the necessary powers in the premises. The report recommended a plan for the election of members to the proposed convention, and method of procedure. The resolution was adopted by a vote of 39 to 17.

The learned members of the Council of Censors did not agree; indeed, there was a strong and general feeling, especially among the most influential and intelligent, that the Constitution of 1776 was inadequate, and was still more so since the close of the war, when the situation was entirely changed.changed. On November 24, 1789, the convention met to revise the Constitution.

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