Proposal for Second Constitution for Pennsylvania Adopted March 24, 1789

The Pennsylvania Constitution of 1776 proving inadequate for the requirements of a useful and effective Government, its revision was demanded. On March 24, 1789, the Assembly adopted resolutions recommending the election of delegates to form a new Constitution.

The struggle for independence had been fought and won, but with the triumph of the Revolution even those who had been opposed to the movement speedily acquiesced, though many years elapsed before all the bitter memories engendered by the strife could pass away. Time was healing the wounds of war, and others were growing up who had not suffered.

The adoption of the Federal Constitution had rendered the institution of measures necessary for the election of members of Congress and electors of President and Vice President of the United States. In order to avail themselves as fully as possible of the privileges afforded, the Anti-Federalists were early at work.

215A few of the leading men of this party assembled in convention at Harrisburg in September, 1788, ostensibly for the purpose of recommending revision of the new Constitution. Blair McClenachen was chosen as the chairman of this small assembly, and General John A. Hanna, secretary. They resolved that it was expedient to recommend an acquiescence in the Constitution but that a revision of the instrument was necessary. They debated among other topics, a reform in the ratio of congressional representation, and a referendum on the term of a Senator. Several other changes were advocated, but the body contented itself by nominating a general ticket for Congress.

The action of this body was immediately denounced and as the nominees were Anti-Federalists, it was said that power to enforce the new constitutional system ought not to be granted to its opponents.

A new convention was to meet at Lancaster, which selected candidates for Congress and electors for President. The election took place in November, and in the State six of the nominees on the Federal ticket were elected and two (David Muhlenberg, of Montgomery, and Daniel Hiester, of Berks), who, although Federalists, had with two others of the same politics, been placed as a matter of policy with the opposition ticket.

The political condition of Pennsylvania had undergone a great change, and now the three original counties had multiplied by 1790 to twenty-one. Immigration was strongly flowing into the State. The abundance of fertile lands formed an attraction to the immigrant almost without parallel in the county.

Then the Constitution of 1776 had been rather hastily prepared amid great excitement and was adopted with the determined spirit that characterized all public measures during the Revolutionary period.

Even though the instrument had become somewhat antiquated, it might have been improved by regular methods, and the amended Constitution would have been acceptable to a large number of people, but such action would not have served the personal ambitions of the leaders.

The chief objections to the Constitution were the single legislative body, and a Council of Censors whose functions were of such an unusual character, the latter body being the real bone of contention.

When the people had grown discontented with the old Constitution, believing they had suffered long enough through lack of action and authority, they were willing to adopt another Constitution containing the principles of enduring life.

The same movement that led to the ratification of the Federal Constitution by Pennsylvania stirred the waters in another direction. If the Federal Constitution could be ratified by a convention, why could not a convention be called to make and adopt another Constitution for Pennsylvania?

216A petition was addressed to the Legislature, which adopted a resolution March 24, 1789, but the Supreme Executive Council refused to promulgate this action of the Assembly.

September 15, 1789, the Assembly adopted another resolution calling for a convention by a vote of 39 to 17.

At the election in October delegates were chosen, and on Tuesday, November 24, 1789, the convention assembled in Philadelphia, but a quorum not being present, the organization was effected the following day with sixty-four delegates in attendance. No returns had been received from the counties of Northumberland and Allegheny, and Mifflin had sent a double delegation.

Thomas Mifflin was chosen president; Joseph Redman, secretary; Frederick Snyder, messenger, and Joseph Fry, doorkeeper.

On the Republican side, those in favor of a new constitution were James Wilson, Thomas McKean and Thomas Mifflin, all of Philadelphia; Timothy Pickering, of Luzerne; Edward Hand, of Lancaster. Among the Constitutionalists were William Findley, of Westmoreland; John Smilie and Albert Gallatin, of Fayette; Robert Whitehill and William Irvine, of Cumberland.

After a long session the convention adjourned Friday, February 26, 1790, to meet Monday, August 9.

The second session of the convention met pursuant to adjournment and got down to business the third day, and concluded its work by the final adoption of a new instrument September 2, 1790, the final vote being sixty-one to one, Mr. George Roberts, of Philadelphia, voting against its adoption.

The most radical changes were made in the executive and legislative branches of government. The Assembly ceased to have the sole right to make laws, a Senate being created. The Supreme Executive Council was abolished. A Governor was directed to be elected to whom the administration of affairs was to be entrusted.

The former judicial system was continued, excepting that the judges of the higher courts were to be appointed during good behavior, instead of seven years. The Bill of Rights re-enacted the old Provincial provision copied into the first Constitution, respecting freedom of worship and the rights of conscience. The Council of Censors ceased to have authority and Pennsylvania conformed in all important matters to the system upon which the new Federal Government was to be administered.

The first election held under the Constitution of the Commonwealth, that of 1790, resulted in the choice of Thomas Mifflin, the president of the convention, which made, adopted and proclaimed the Constitution, for Governor. He served three terms.

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