View source for Pennsylvania Constitution of 1776

{{Short description|First constitution of Pennsylvania, US}}
[[Image:Pennsylvania_1776_Constitution.jpg|thumb|Pennsylvania Constitution of 1776]]

The '''Pennsylvania Constitution of 1776''' (ratified September 28, 1776) was the state's first constitution following its [[Pennsylvania Provincial Conference|declaration of independence]] and has been described as the most democratic in North America. It was drafted by [[Robert Whitehill (Pennsylvania politician)|Robert Whitehill]],<ref>{{Cite web |url=http://www.tcrpc-pa.org/text/Cumberland/CompPlan/ChapterPDFs/Ch4_History_Past_Present.pdf |title="a drafter of the 1776 state constitution" |access-date=2009-10-31 |archive-date=2006-01-07 |archive-url=https://web.archive.org/web/20060107113939/http://www.tcrpc-pa.org/text/Cumberland/CompPlan/ChapterPDFs/Ch4_History_Past_Present.pdf |url-status=dead }}</ref> [[Timothy Matlack]], [[Thomas Young (American revolutionary)|Dr. Thomas Young]], [[George Bryan]], [[James Cannon (mathematician)|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.<ref>{{Cite journal |last=Williams |first=Robert F. |date=1988 |title=The Influences of Pennsylvania's 1776 Constitution on American Constitutionalism during the Founding Decade |url=http://www.jstor.org/stable/20092180 |journal=The Pennsylvania Magazine of History and Biography |volume=112 |issue=1 |pages=25–48 |issn=0031-4587}}</ref> Pennsylvania's innovative and highly democratic government structure, featuring a [[unicameral legislature]] and collective executive,<ref>The [[Frame of Government of Pennsylvania|colonial "constitution"]] had also provided for a unicameral Assembly and a Provincial Council which, from time to time throughout the seventeenth and eighteenth centuries, acted as a collective executive when Deputy Governors were unavailable.</ref> 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.<ref>Pennsylvania Declaration of Rights. Retrieved from http://www.lonang.com/exlibris/organic/1776-pdr.htm {{Webarchive|url=https://web.archive.org/web/20110927025527/http://www.lonang.com/exlibris/organic/1776-pdr.htm |date=2011-09-27 }}.</ref> 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 (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 safety (American Revolution)|committee of correspondence]] to communicate with the other colonies.<ref> Armor, William C., Lives of the Governors of Pennsylvania, With the Incidental History of the State, from 1609 to 1872, Philadelphia, J.K. Simon (1873) </ref> 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).<ref>Armor 1873</ref> 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”.<ref>Armor 1873 See also Gordon, T.F., The History of Pennsylvania, from its discovery by Europeans to the Declaration of Independence in 1776, Carey, Lea & Carey, Philadelphia, 1829</ref>

== 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.<ref>Hogeland, William, Declaration: The Nine Tumultuous Weeks When America Became Independent, May 1-July 4, 1776, New York, Simon & Schuster (2010)</ref> 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;<ref> On the first day devoted to business the conference declared that "the present government of this province is not competent to the exigencies of our affairs," and that it was absolutely 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”. See Pennsylvania Archives, Second Series (Harrisburg, 1879-90), III, p. 639.</ref> 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 (Founding Father)|James Wilson]], [[Robert Morris (financier)|Robert Morris]], and [[Frederick Muhlenberg]], among others.<ref>Armor 1873 and Gordon 1826</ref>

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.”<ref>New, Tristan James. “Referendum on the Revolution: The Pennsylvania Constitutional Debate, 1776-1784.” Master’s thesis, Eastern Kentucky University, 2019. <nowiki>https://encompass.eku.edu/cgi/viewcontent.cgi?article=1596&context=etd</nowiki>.</ref> 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.”<ref>Williams 1988</ref> This fear can be seen in the amount of emphasis placed on terms like “liberty” and “the people’s government.”<ref>{{Cite web |last=Lloyd |first=Gordon |date=February 8, 2025 |title=Pennsylvania Declaration of Rights and Constitution |url=https://teachingamericanhistory.org/document/pennsylvania-declaration-of-rights-and-constitution/ |website=Teaching American History}}</ref> In the new constitution, the lower class would wield a much larger amount of power than they had ever had access to.<ref>New 2019</ref> 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.<ref>New 2019</ref> 

The constitutional convention met in Philadelphia and elected [[Benjamin Franklin]], president, Colonel [[George Ross (delegate)|George Ross]], vice-president, John Morris, secretary, and Jacob Garrigues, assistant-secretary. From its inception, the convention arrogated to itself the interim political power of the state. The constitution was completed on September 28, at which time it was read in convention for the last time, signed by the president and members, and transmitted to the Committee of Safety, with directions to deliver it to the general assembly of the state at their first meeting, immediately after they should have chosen their speaker.<ref>Armor 1873 and Gordon 1826</ref> The first meeting of the Pennsylvania General Assembly took place on November 28, 1776.<ref>The Acts of the General Assembly of the Common-Wealth of Pennsylvania, enacted into Laws, since the Declaration of Independence on the Fourth day of July, A.D. 1776, Dunlap Philadelphia (1779)</ref> [[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.<ref>Hazard, S. (Ed.), The Register of Pennsylvania, Volume 2 – No. 1 (No. 29), Geddes Philadelphia (July 19, 1828), p. 26</ref>

==Innovations==
{{refimprove section|date=December 2018}}
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.<ref name=":0" />

Additionally, a unicameral legislature, with members elected for one term, was put in place by the constitution. The goal of this change was to prevent the elite from having sole control over the government. There was no house for the aristocracy, but rather just one that was controlled by the large number of newly enfranchised people who could replace the legislature every year.<ref>New 2019</ref> This was highly contested by the colonists given it, "presupposed a social condition that did not exist," as not all citizens of the state were equal in wealth and wisdom.<ref>{{Cite book |last=Adams |first=Willi Paul |title=The first American constitutions: Republican ideology and the making of the state constitutions in the Revolutionary era |date=2001 |publisher=Rowman & Littlefield Publishers |isbn=978-0-7425-2068-4 |edition=Expanded |location=Lanham, Md}}</ref> 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.<ref>New 2019</ref> The bulk of government affairs and the power were held by the unicameral legislature. This was done to prevent an aristocratic government from forming, where one man was able to limit the Assembly that was elected by the people.

Council of Censors (elected every seven years) to conduct an evaluation of the activities of the state government.<ref>{{Cite journal |last=Brown |first=Angus Harwood |date=2024 |title=The Pennsylvania Council of Censors and the Debate on the Guardian of the Constitution in the Early United States |journal=American Journal of Legal History |volume=64 |pages=1–26 |doi=10.1093/ajlh/njae004 |issn=0002-9319 |doi-access=free}}</ref> 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.<ref>Williams 30</ref> It could [[Censure in the United States|censure]] actions by the government, order [[Impeachment in the United States|impeachment]]s 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.<ref>{{cite book |last=Gordon |first=S. Wood |author-link=Gordon S. Wood |url=https://books.google.com/books?id=bLzqCQAAQBAJ |title=The Creation of the American Republic, 1776-1787 |date=1969 |publisher=University of North Carolina Press |isbn=978-0-8078-4723-7 |edition=1998 |pages=339}}</ref>

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.<ref>Williams 1988</ref> Additionally, the provision that all approved legislation would take effect only at the next session of the Assembly, so the people of the state could assess the utility of the proposed law. This was the first instance in the colonies where the government was expected to share this information publicly. This level of transparency that existed in the government would prevent the Assembly from growing its own power or keeping secrets from its constituents.<ref>New 2019</ref>

A few additional aspects of the constitution were added that separate this constitution from others of its time:

* Included in the oaths required to swear in is a statement that denounces [[George III]] and the [[North ministry]].<ref>Ford, Paul Leicester. "The Adoption of the Pennsylvania Constitution of 1776." Political Science Quarterly (1886-1905) X, no. 3 (09, 1895): 34. <nowiki>http://proxy-bc.researchport.umd.edu/</nowiki> login?url=<nowiki>https://www.proquest.com/scholarly-journals/adoption-pennsylvania-</nowiki> constitution-1776/docview/137577094/se-2.</ref>
* 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.<ref>Ford 1895</ref>
* Prohibition of imprisonment as a punishment for being in debt.<ref>Ford 1895</ref>
* The constitution also established Pennsylvania's official title, the "Commonwealth of Pennsylvania." Three other [[U.S. state|states]] ([[Kentucky]], [[Massachusetts]], and [[Virginia]]) are presently self-designated as "[[Commonwealth (U.S. state)|commonwealths]]."

These innovations caused much of the strife that led to the creation of a new constitution in 1790, as “They wanted the government of Pennsylvania to be cleansed of the vestiges of monarchical and proprietary rule and become representative, but argued that further deviations from colonial tradition were unnecessary.”<ref>New 2019</ref>

== Impacts ==
The lasting effect of the Pennsylvania 1776 Constitution can be seen in many constitutions around the world, but especially in that of Vermont. Additionally, the constitution served as a template for [[Constitution of Vermont (1777)|Vermont's 1777 constitution]], which gave birth to the state (or what historians refer to as the [[Vermont Republic]], because claim over the land was disputed by both [[New York (state)|New York]] and [[New Hampshire]], until it was formally admitted into the Union in 1791). While looking at the other constitutions of the time, “the representatives took up the question of a state constitution, and after concluding that the recent New York Constitution of 1777 was a "horrible example," they proposed a constitution modeled closely after Pennsylvania's.” Vermont took many details from the Pennsylvania Constitution, including a unicameral legislature and nearly universal voting rights for white men.<ref>Williams 1988</ref> The Pennsylvania Constitution places the Bill of Rights before the rest of the Constitution, which creates the framework for the government. Virginia will also follow this format in their own Constitution. The rights that are included in the Pennsylvania Bill of Rights are very similar to those in the United States Constitution. Freedom of speech, freedom of religion, and the right to a trial by jury are also present in the national Bill of Rights created in 1787. However, the majority of the other rights listed in the Pennsylvania Constitution involved the people defining and creating their government under democracy. This was defined as an unalienable right of the people and was listed over and over again in the Bill of Rights.<ref name=":0">Lloyd</ref>

==See also==
* [[Frame of Government of Pennsylvania]]
* [[Uniform Firearms Act]]

==References==
{{Reflist}}

==External links==
*[http://avalon.law.yale.edu/18th_century/pa08.asp Avalon Project's Copy of the 1776 Pennsylvania Constitution]
*[http://www.historyisaweapon.com/defcon1/zinntyr4.html Zinn, Howard (date unknown). ''A People's History of the United States''. Chapter 4: Tyranny is Tyranny. History Is A Weapon.]

{{Pennsylvania during the American Revolutionary War}}
{{Benjamin Franklin}}

{{DEFAULTSORT:Pennsylvania Constitution Of 1776}}
[[Category:1776 in American law]]
[[Category:Defunct state constitutions of the United States]]
[[Category:Pennsylvania Constitutions]]
[[Category:Pennsylvania in the American Revolution]]
[[Category:1776 in Pennsylvania]]
[[Category:American constitutional conventions]]