Provincial Convention Ends Proprietary Government July 15, 1776

During the debate in the Continental Congress upon the Declaration of Independence, the old Provincial Government of Pennsylvania received such a mortal blow, that it soon expired without a sigh, ending forever the proprietary and royal authority in Pennsylvania.

In the meantime the Committee of Correspondence for Philadelphia issued a circular to all the county committees calling for a conference in that city on June 18, 1776. This conference unanimously resolved “that the present Government of this Province is not competent to the exigencies of our affairs, and that it is necessary that a Provincial Convention be called by this Conference for the express purpose of forming a new Government in this Province on the authority of the people only.”

The delegates to this convention to frame a constitution for the proposed new Government consisted of the representative men of the Province. It is only natural that in time of excitement the men chosen for such important duty should be those most active in the military organizations, or local committeemen, men whose ability, patriotism and personal popularity was unquestioned. It was to be expected that the old statesmen would be crowded out unless they were leaders in the revolutionary movement.

As such they met in Philadelphia, July 15, each taking without hesitancy the prescribed test oath and then organized by the selection of Benjamin Franklin, president; George Ross, of Lancaster, vice president, and John Morris and Jacob Garrigues, secretaries.

On July 18, Owen Biddle, Colonel John Bull, the Reverend William Vanhorn, John Jacobs, Colonel George Ross, Colonel James Smith, Jonathan Hoge, Colonel Jacob Morgan, Colonel Jacob Stroud, Colonel Thomas Smith and Robert Martin were appointed members of a committee to “make an essay for a declaration of rights for this State.”

485On July 24 the same persons were directed to draw up an essay for a frame or system of Government, and John Lesher was appointed in place of Colonel Morgan, who was absent with leave.

The same day the convention established a Council of Safety to exercise authority of the Government until the new Constitution went into effect. At the head of the Council was Thomas Wharton, Jr.

During the convention the delegates not only discussed and perfected the measures for the adoption of a Constitution, but assumed the supreme authority of the State, and legislated upon matters foreign to the object for which it was convened. Not only did it form the Council of Safety, but it approved of the Declaration of Independence, recently adopted by the Continental Congress, and also it appointed justices of the peace, who were required, before assuming their functions, to each take an oath of renunciation from the authority of King George III, and one of allegiance to the State of Pennsylvania.

July 25, Colonel Timothy Matlack, James Cannon, Colonel James Potter, David Rittenhouse, Robert Whitehall and Colonel Bertram Galbraith were added to the Committee on the Frame of Government.

The convention completed its labors on September 28, by adopting the first State Constitution, which went into immediate effect, without a vote of the people.

The Constitution as finally adopted vested all legislative power in the General Assembly of the Representatives of the freemen to be composed for three years of six persons annually chosen from the City of Philadelphia and six from each county of the State including Philadelphia, outside the city, afterwards the representation to be apportioned every seven years to the number of taxable inhabitants.

Laws, except in sudden necessity, were not to be passed until the next session after proposal. The executive power was vested in a Supreme Executive Council of twelve elected members, one from the City of Philadelphia, and one from each of the counties, including Philadelphia, so chosen that one-third would retire each year and no member, after serving three years, should be eligible within four years.

A president and vice president were to be annually chosen from this body, by the joint ballot of the Councillors and Assemblymen. New counties were each to have a councillor. The president and the Council, five of whom constituted a quorum, were to appoint all Judges, the Attorney General, etc.

The right to vote was given to all freemen over twenty-one years of age who had resided within the State a year before the election and paid taxes, but the sons, twenty-one years old, of Freeholders were not required to pay taxes. The freemen and their sons should be trained and armed for defense of the State under regulations and with exceptions according to law, but with the right to choose their own colonels and officers under that rank.

486A debtor, except for fraud, should not be kept in prison, after giving up his real and personal estate for the benefit of his creditors. A foreigner having taken the oath of allegiance could purchase and transfer real estate and after a year’s residence have all the rights of a natural-born subject, but be ineligible as a member of Assembly until after two years’ residence.

A Council of Censors of two members chosen from each city and county every seven years beginning with 1783 should inquire into the violation of the Constitution and whether the legislative and executive branches of the Government had exercised greater powers than they were entitled to, and could impeach or, by a two-thirds vote of those elected, call a convention to amend the Constitution.

Articles to be amended were to be published six months before election, in order that the people might have opportunity of instructing their delegates concerning them.