Acts of the General Assembly of the Commonwealth of Pennsylvania, Passed at a Session Which Was Begun and Held at the Borough of Darrisburg, on ... 1822, and of the Independence of the U. S. A
(Excerpt from Acts of the General Assembly of the Commonwe...)
Excerpt from Acts of the General Assembly of the Commonwealth of Pennsylvania, Passed at a Session Which Was Begun and Held at the Borough of Darrisburg, on Tuesday, the Third Day of December, in the Year of Our Lord, 1822, and of the Independence of the U. S. A
A further supplement to an act entitled, An act for the improve ment of the state. Passed the twenty-sixth day of March, one thousand eight hundred and twenty one.
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Commentaries On the Constitution of the United States of America: With That Constitution Prefixed, in Which Are Unfolded, the Principles of Free ... Advantages of Republicanism Demonstrated
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Thomas McKean was an American lawyer and politician.
Background
Thomas McKean was the second son of William and Letitia (Finney) McKean. He was of the fourth generation from William McKean of Argyllshire, Scotland, who emigrated to Londonderry, Ireland, about 1674. Coming to Pennsylvania with his mother at an early age (c. 1725), William, the father of Thomas, lived on a farm in Chester County and later became a tavern keeper. His wife, Letitia Finney, belonged to a wealthy and prominent family of Scotch-Irish settlers in Pennsylvania. Thomas was born in New London Township, Chester County.
Education
After spending seven years at Rev. Francis Allison's academy, New London, he went to New Castle, Delaware, to study law with his cousin, David Finney. His connections there soon put him on the road to success as a lawyer and politician. Princeton College gave him the degree of L. L. D. in 1781, Dartmouth College presented the same honor in 1782, and the University of Pennsylvania gave him the degree of A. M. in 1763 and L. L. D. in 1785.
Career
First a prothonotary's clerk in 1752, McKean was appointed deputy prothonotary and recorder for the probate of wills for New Castle County. He was admitted to the bar in the Lower Counties at twenty, and within the next decade acquired a wide practice in Delaware, Pennsylvania, and New Jersey. The same period saw many of his ambitions for a political life realized. He was appointed deputy attorney-general in 1756; was clerk of the Delaware Assembly, 1757-59; and in 1762 began the first of seventeen years' successive service in the latter body. A leader of the country party, he assisted in compiling the provincial laws in 1762 and was a trustee of the New Castle County loan office, 1764-72. He was also chief notary and tabellion officer in 1765, collector of the port of New Castle in 1771, and speaker of the Assembly, 1772-73. The widening breach between the American colonies and the mother country in 1774, offered McKean a political opportunity which he was quick to grasp. He led the movement in Delaware for a colonial congress and, excepting the period between December 1776 and January 1778, represented that colony in the Continental Congress continuously until 1783. Prior to July 4, 1776, he was on five standing committees (secret, qualifications, prisoners, claims, and treasury), and on more than thirty others. At first hopeful for reconciliation, he became early in 1776 an ardent advocate of separation. As chairman of the Philadelphia committee of observation he played a conspicuous part in engineering the popular movement in Pennsylvania for a new state government and for independence. In Delaware he effected the repudiation of the Crown and support for independence by his personal appearance in the Assembly. In Congress he voted for Lee's resolution for independence (July 1). His vote being tied with that of his colleague George Read, he dispatched an express for Cæsar Rodney, third Delaware delegate, who arrived in time (July 2) to vote for the resolution.
McKean seems to have been the first man to challenge the later popular impression that the Declaration of Independence was signed on July 4. Finding that his name did not appear as a signer in the early printed journals of the Congress, he asserted in a letter to Alexander J. Dallas, what the corrected Journals and contemporary letters have since substantiated, that no one signed on July 4. The exact date of his signing is not known. Although he later insisted it was in 1776, it is almost certain that it was after January 18, 1777. That it was as late as 1781, as some writers aver, is doubtful. During July and August 1776, McKean, as colonel, commanded a battalion of Philadelphia associators at Perth Amboy, New Jerse, but saw no action. He then participated in framing Delaware's first constitution, the authorship of which tradition ascribes to him, relying on his statement made years later to Cæsar A. Rodney. Although his influence in the convention was considerable, the Proceedings of that body indicate that the constitution was not solely his work. In the fall of 1776, failing, through conservative opposition, of reelection to the Congress, he transferred his exertions to the Assembly, was elected speaker shortly thereafter, and in that capacity became acting president of Delaware for two months in 1777. During all this time his major interests had been gravitating toward Philadelphia, and on July 28, 1777, he was commissioned chief justice of Pennsylvania. Nevertheless, he remained active in Delaware politics, and for the next six years (1777 - 83) held office in both states, enjoying the anomalous position of being assemblyman, acting president, or congressman for one state and chief justice of another. In Congress (1778 - 83), he supported the Articles of Confederation, favored a federal court of appeals, attacked administrative inefficiency and corruption, decried the dangers of military and financial dictatorships, and was close to the Adams-Lee faction. From July 10 to November 5, 1781, he was president of Congress, despite the protests of his Pennsylvania enemies who were eager to force him to relinquish either the presidency or his judicial position.
McKean also rode the circuit and, from its establishment in 1780, was a judge of the Pennsylvania court of errors and appeals. After 1792, Federalist foreign policy forced him into the ranks of the Jeffersonians. His friendship for France and his aversion for England made him a favorite of the Republicans, and in 1799 they nominated him for governor. A strong candidate because of his prestige and moderate republicanism, he defeated James Ross, Federalist, after a bitter campaign, his victory entailing a revolution in state politics. He warmly espoused Jefferson's election (1800), and later urged on the President, with some success, a policy of removing Federalists from office. In 1802, McKean was reelected by more than 30, 000 majority. Personal and factional jealousies, however, soon threatened Republican harmony. William Duane whose Aurora and General Advertiser had rendered invaluable service in the campaign of 1799, found the state administration disinclined to heed his advice. Chafing at his failure to control the executive in appointments and other matters, he started a movement through the Aurora's columns late in 1802 to shunt McKean into the vice-presidency, but this design failed, for the latter could not be moved to relinquish his responsibilities and influence in Pennsylvania.
McKean, a consistent advocate of a strong executive and an independent judiciary, was the chief means of frustrating the attacks made by the radical Republicans on the executive's prerogatives, and on judges, lawyers, and judicial practices. He repeatedly vetoed bills extending the jurisdiction of justices of the peace and other "giddy innovations, " opposed attempts to impeach three supreme-court judges (1804 - 05), and refused to sanction pleas for a convention to revise the constitution. Violent schism now disrupted party ranks. The radicals, under Duane's leadership, determined to achieve their ends by shelving the governor, and in 1805 nominated Simon Snyder, farmer and arch-Jacobin, attacking relentlessly lawyers, judges, courts, and all semblances of aristocracy. Friends of the constitution, denominated Constitutionalists moderate Republicans and Federalists alike, the former styled Quids by the radicals united, and elected McKean by 5, 000 majority, thus preserving the constitution. Construing his reelection as a vindication, the governor now drove from office his Republican enemies, giving their places to his more recent Federalist supporters. The Aurora accused him of nepotism, and on January 15, 1806, published the names of twelve relatives appointed to office, under the title, "The Royal Family, " dubbing Joseph, the Governor's eldest son, "heir apparent. " Libel suits were instituted against his more violent opponents, and the Assembly was urged to fix more drastic penalties for the punishment of libel. His enemies in the legislature (1806 - 07) retorted with impeachment proceedings, charging him with having violated the constitution by avoiding a sheriff's election in Philadelphia, assuming unwarranted judicial authority, abusing his power of appointment and removal, stamping his name on state papers, and using his influence improperly to discontinue two court actions involving his son. The charges were based on trivialities or absurdities, magnified into high crimes and misdemeanors through spite. By clever strategy, however, the coalition behind the administration secured a general postponement of them, and the Governor completed his term in comparative quiet.
After his retirement, he lived in Philadelphia, his tall, stately figure being a familiar sight in the city. These sunset days were spent in reading, writing, and reminiscing, and in following with watchful eye the trend of current affairs.
Achievements
McKean served both to Delaware and Pennsylvania prominently. In Delaware, he achieved a stunning number of legal appointments and elected offices, including delegate to the Stamp Act Congress in 1765-1766 and Speaker of the Assembly for 1772-1773. Although active in promoting education and internal and other improvements, Governor McKean's main achievement lay in restraining the excesses of the Pennsylvania Jacobins. Throughout his gubernatorial career he was a veritable storm center in state politics.
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Politics
McKean was an uncompromising foe of the Stamp Act, was among the most radical delegates to the Stamp Act Congress, and as justice of the court of common pleas and quarter sessions (1765) ordered business to proceed as usual on unstamped paper. Decidedly less liberal after independence had been declared, McKean opposed the radical Pennsylvania constitution of 1776, although he accepted the chief justice ship of the supreme court under it and served for twenty-two years, being convinced that failure to support the new government would endanger the American cause. As a Federalist, he was active in securing ratification of the Federal Constitution in the Pennsylvania convention of 1787. Comparing the arguments of the opposition to "the feeble noise occasioned by the working of small beer, " he pronounced the frame of government "the best the world has yet seen". In the Pennsylvania constitutional convention (1789 - 90), he manifested his belief in government by the few to an even greater extent, and at the same time was the author of a clause providing education for the poor at state expense. As chief justice (1777 - 99) his frequent conservative decisions and his struggle for judicial sanctity and against the encroachments of the military on the civil authority brought numerous conflicts with the Assembly, council, or military authorities. He upheld the proprietors in their property rights (1779), interpreted the law of libel rigorously, sanctioned the doctrine that courts can punish for contempt, and in 1798 created a sensation by appearing as witness against William Cobbett and later sitting as judge in the same case.
As governor he removed his political enemies from office, giving their places to his Republican friends, thereby winning the appellation of "the father of political proscription" and fastening the spoils system on Pennsylvania. He adhered to the principle of giving "a preference to real republicans or whigs, having equal talents and integrity, and to a friend before an Enemy . .. for it is not right to put a dagger in the hands of an assassin".
Views
Quotations:
"You will probably have but a short time to live. Before you launch into eternity, it behooves you to improve the time that may be allowed you in this world: it behooves you most seriously to reflect upon your past conduct; to repent of your evil deeds, to be incessant in prayers to the great and merciful God to forgive your manifold transgressions and sins, to teach you to rely upon the merit and passion of a dear Redeemer. "
"The true liberty of the press is amply secured by permitting every man to publish his opinion; but it is due to the peace and dignity of society, to inquire into the motives of such publications, and to distinguish between those which are meant for use and reformation, and with an eye solely to the public good, and those which are intended merely to delude and defame. To the latter description, it is impossible that any good government should afford protection and impunity. "
Membership
a member of the Pennsylvania Society of the Cincinnat
Personality
Cold in manner, energetic, independent, proud and vain, too tactless for a practical politician, he had a personality which readily aroused antagonisms. Yet he possessed many admiring friends, and even his enemies in their cooler moments admitted his ability, candor, and honesty. Although somewhat harsh and domineering, his decisions were unmistakably to the point and reflected honesty and a high sense of justice.
Quotes from others about the person
"McKean is one of the three men in the Continental Congress who appeared to me to see more clearly to the end of the business than any others in the body. " - John Adams
Connections
On July 21, 1763 McKean was married to Mary, eldest daughter of Joseph and Elizabeth Borden of Bordentown, New Jersey. After her death in 1773, he married Sarah Armitage of New Castle, September 3, 1774. He had six children by his first wife and five by his second, of whom only four, with his second wife, survived him.
