thumb|Pennsylvania Constitution of 1776

The Pennsylvania Constitution of 1776 (ratified September 28, 1776) was the state's first constitution following its declaration of independence and has been described as the most democratic in North America. It was drafted by Robert Whitehill, Timothy Matlack, Dr. Thomas Young, George Bryan, James Cannon, and Benjamin Franklin. Many of the men who took part in its creation were not members of Pennsylvania's government at the time, but rather an elected court composed of many non-landowners. Pennsylvania's innovative and highly democratic government structure, featuring a unicameral legislature and collective executive, may have influenced the later French Republic's formation under the French Constitution of 1793. The constitution also included a declaration of rights that coincided with the Virginia Declaration of Rights of 1776. It was replaced in 1790 by a new constitution.

Background

Pennsylvania's new constitution was tied to ongoing political changes within the province in 1776. As the Revolution evolved, the views of some political leaders differed from those of the Provincial Assembly (and its supporters) and of the Deputy Governor, John Penn. Extralegal committees were established that would eventually displace and take over the government.

For example, in June 1774, after Governor Penn refused to convene the Assembly to consider the question of discussing some action to the British government's response to the Boston Tea Party, a public meeting held under the leadership of John Dickinson and Thomas Willing inspired 8,000 people in Philadelphia to call for the First Continental Congress and the establishment of a committee of correspondence to communicate with the other colonies. Although these measures were subsequently adopted by the Assembly, other public-action committees that had been supported by large public demonstrations (with attendees numbering in the thousands) outpaced Assembly action, for example establishing a military association for defense (though this action was later validated by the Assembly's establishment of the Committee of Safety). In May 1776, the Second Continental Congress called for dispensing with Royal Governors and Assemblies that did not act with the groups (parties) opposing the Crown. The Pennsylvania Provincial Conference in June 1776 resolved "that the present Assembly of the Colony is 'not competent to the exigencies of affairs' and that a Provincial Convention ought to be called for inaugurating a form of Colonial government, in compliance with the recommendation of Congress".

Creation

Until this point, many influential leaders in Pennsylvania had not supported independence from the Crown, but had favored reconciliation. The Continental Congress, however, inspired the more radical elements in Pennsylvania to overmaster these more conservative leaders. Shortly afterwards, in June 1776, these committees called a state convention, which met on July 15, 1776. The decisions made at that convention would, when ratified, cause the previous government to be completely superseded; it established a Council of Safety to rule in the interim, and it drew up the commonwealth (state) constitution, which was adopted on September 28, 1776. The change of government, was, however, opposed by many of the commonwealth's citizens - John Dickinson, James Wilson, Robert Morris, and Frederick Muhlenberg, among others.

The main goal of this new constitution was not only to limit but to completely prevent the creation of an aristocracy, as many radicals, "employed a brand of rhetoric laden with appeals to patriotism and bromides against the British Empire." Specifically, it was based on Thomas Paine's Common Sense. It played a major role in the rewriting of this constitution. According to many sources, Paine "played a conspicuous part." This fear can be seen in the amount of emphasis placed on terms like "liberty" and "the people's government." In the new constitution, the lower class would wield a much larger amount of power than they had ever had access to. Additionally, the unicameral legislature had been added for the same purpose. The framers believed that adding an upper house would lead to the creation of an aristocracy down the line. Thomas Wharton Jr., who had been the President of the Committee of Safety, was chosen as President of the Supreme Executive Council in June 1777 and became, in effect, the first Governor of the Commonwealth.

Innovations

It contained several innovations that were quite radical for that era. Many of these changes came directly from other sources or complaints regarding the old ways of government. These innovations all expanded the democracy of the constitution. The most noticeable change in the new constitution is that all men who had paid taxes were permitted to vote, an innovation because it was somewhat less restrictive than the requirement that voters own property. Voting rights now included African American men who paid this tax. Additionally, the government had a twelve-member Supreme Executive Council to administer the government, made up of a small council and a president elected by the Assembly and Council together. Thomas Wharton Jr. was chosen in 1777 to be the first President of the Supreme Executive Council. This group was not granted a veto, nor were they given much other power at all. The members were elected every seven years but could be removed at any time should the people agree. This gave the people significant power when it came to deciding on fair and responsible judges. It could censure actions by the government, order impeachments and recommend to the legislature the repeal of laws that appeared to violate the constitution. The Council of Censors was the only body with the authority to call a convention to amend the constitution.

Another major difference in this constitution that made it stand apart from all other constitutions is the level of transparency that was expected and required from the government. The Assembly, or the legislative branch, kept all of its meetings public. The people were allowed to watch and observe what was going on at any point in time.

  • A judiciary appointed by the legislature for seven-year terms, removable at any time.
  • The inclusion of a public school system that is open to all white, male children, regardless of landowning status.
  • Prohibition of imprisonment as a punishment for being in debt.

See also

  • James Wilson (Founding Father)
  • Frame of Government of Pennsylvania
  • Uniform Firearms Act

References

  • Avalon Project's Copy of the 1776 Pennsylvania Constitution
  • Zinn, Howard (date unknown). A People's History of the United States. Chapter 4: Tyranny is Tyranny. History Is A Weapon.