CHAPTER VIII.

THE END OF PROPRIETARY GOVERNMENT-CREATION OF THE NEW CONSTITUTION.

As the play of Prometheus by Eschylus, a story of resistance to oppression and unselfish devotion to humanity, is one of the highest achievements of imagination, so the creation by the American people of a government, in which individual freedom can find its consummate expression, is one of the mightiest achievements in human governing. This undertaking, which had long been in progress, sometimes in blindness, at other times in open sight, was now to pass through a most critical and sanguinary stage. The time had come to make a larger claim for individual participation in governing than had ever been made before, and to enforce that claim, if need be, at a costly sacrifice. The work, therefore, of destroying the old and intri cate political fabric, and of constructing another after a fairer pattern, was continued by electing in February, 1776, throughout the Province, new committees of inspection. This action was followed by that of the city committee, recommending the holding of a provincial conference, because the majority of the Assembly, composed of members from the counties of Bucks, Chester and Lancaster, were opposed to active measures. The representation in that body was unequal, as the city of Philadelphia, with its large population, had only two members. The associators also com.

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plained that the rules for governing them were unjust. Those who ought to supply arms neglected their duty. To appease the discontent, a bill to double the number of city representatives was introduced and passed. An election was ordered on the first of May. The State forces were increased, and other things, including an issue of £85,000 in bills of credit, were done to satisfy the discontented. In consequence of these displays of interest in the popular cause, the committee withdrew their call for a convention.

In the meantime, a vigorous discussion had arisen between the friends and the enemies of the Assembly; and also between the partisans and opponents of independence. During the year the feeling in favor of separation had been rapidly rising. The colonies were drifting toward open revolution, though they knew it not. Even at this late hour they clung to the belief that demonstrations of force only were needful to convince Parliament of their determination to secure freedom from taxation; and that, by taking vigorous measures, they could wring a victory from the British government. The thought of rebellion and independence, if existing at all, was unuttered, even by the most daring.

The election was approaching for members of the Assembly, and both parties put forth strenuous efforts to obtain a majority. Leading men were nominated on both sides; the general interest was intense. Christopher Marshall in his diary says that he stayed until past ten o'clock, the sheriff having then declared that the polls would be closed in half an hour. "This has been one of the sharpest contests, yet peaceable, that has been for a number of years. I think it may be said with

propriety that the Quakers, Papists, Church, Allen family, with all the proprietary party, were never seemingly so happily united as at this election, notwithstanding the Friends' former protestation and declaration of never joining with that party since the club or knock down' election." Night after night meetings had been held; every means known to politicians had been used to accomplish their purpose. On a very full vote the Whig ticket, with one exception, was defeated; though the elections in the other counties were favorable to the revolutionary party. The defeat in the city gave a new impulse to the movement for revising the constitution.

The Assembly of 1775 had constantly yielded to the wishes of the committee of safety and of the, associators, though unwilling to proceed to extreme measures. The members were opposed to the radicals, and probably believed in the possibility of a reconciliation with Great Britain. They yielded to the sentiment around them from necessity, not from reason. Yet many of them had served long in the Assembly, and were true friends of the Province. Perhaps that Assembly and the succeeding one contained a larger number of thoughtful members than had ever honored any previous body. That a great change was taking place in the political feeling of the country none could deny. Though this had begun in the East at an earlier period, at the beginning of '76 the change was very perceptible in Pennsylvania. People had become more and more convinced that the king's heart was hardened against them, and that the ministry was not to be moved from its persistent enforcement of arbitrary methods by any appeal to reason, or to the self-interest of the English tradingclasses. The hope of the restoration of peace weakened,

while the spirit of resistance daily waxed stronger. Thus two parties emerged, a party in favor of the king and of sustaining the royal authority; another, intent on seeking redress and having only a faint hope of accomplishing this through peaceful methods. Dr. Stillé says that even thus early the one party insisted that independence should not be proclaimed until at least another effort had been made at reconciliation, and in no event until the permanency of the provincial charter was assured; in the meantime measures should be taken to secure reconciliation by an alliance and a more perfect union. The other party, urged on by the influence of New England delegates, maintained most strenuously that we should cease at once to recognize the authority of Great Britain in any form, whether exercised directly or through the provisions of a royal charter. All parties were alive to the importance of the coming changes involving a complete transformation, state and national. One party hesitated to decide and adopt them, the other did not.

The Assembly hardly knew how to act. Anxious to regard the popular will, the Assembly also sought to preserve the constitution. Like all representative bodies in times of peril and excitement, the Assembly conceded one thing after another to the public clamor, but instead of appeasing the public appetite by such a course, it was only whetted for more.

The defeat of the Whig party in Philadelphia precipitated the movement for changing the character of the Assembly. Though it had partly regarded the wishes of the people, its conduct was considered uncertain and temporizing. The radicals well knew that the majority of the members were not in sympathy with them. The

Continental Congress was now in session. On the 15th of May that body recommended to the respective assemblies and conventions of the United Colonies that, where no government sufficient to the exigencies of their affairs had been hitherto established, there should be adopted such government as, in the opinion of the majority of the people, should best conduce to the happiness of their constituencies. This was aimed at the Pennsylvania government. As soon as the recommendation appeared, the struggle between the two parties in Pennsylvania was renewed. The Tories and moder

Meet

ate Whigs urged that the task of amending the constitution be entrusted to the Assembly as the proper representatives of the people. The Whigs, on the other hand, wanted another body chosen by election. ings were held by the Whigs, and at one of them it was determined to call a provincial convention to settle the frame of government, and to protest against the power of the Assembly to interfere. At a meeting appointed for the 20th of May, more than four thousand persons were present. The chairman of the committee of inspection, after declaring the object of the meeting, asserted that the Assembly, being composed of men holding office under the crown, was unworthy of confidence. The meeting had no authority to form a new government, and a protest against their right to do so was adopted. It was presented to the Assembly, and a few days afterward a remonstrance was also presented by the Tory and moderate party. When the protest was received, a committee was appointed to consider the resolution of Congress, and to determine the power of the Assembly in forming a new government, but no report was ever made.