Pennsylvania Constitution of 1776
Encyclopedia
The Pennsylvania Constitution of 1776 (ratified September 28, 1776) was the state's first constitution following the Declaration of Independence
, and has been described as the most democratic in America. It was drafted by Robert Whitehill
, Timothy Matlack
, Dr. Thomas Young
, George Bryan
, James Cannon
, and Benjamin Franklin
. Pennsylvania's innovative and highly democratic government structure, featuring a unicameral legislature, may have influenced the later French Republic's formation under the French Constitution of 1793
.
's People's Charter
, over 50 years before that document was written. Some of the radical innovations included:
The Constitution also made Pennsylvania's official title the "Commonwealth of Pennsylvania" (as it remains today). The term "commonwealth
" is used by only four states - Pennsylvania, Massachusetts
, Virginia
, and Kentucky
. The revolutionaries in Vermont
directly copied many of the provisions of the Pennsylvania constitution. This happened because Dr. Thomas Young
, a participant in the writing of the Pennsylvania constitution and mentor for Ethan Allen
, wrote a letter to the Vermont constitutional convention suggesting both that Vermont be the new republic's name and that Vermont model its constitution on the new, radically democratic Pennsylvania one.
in 1776.
Text
A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF
THE COMMONWEALTH, OR STATE OF PENNSYLVANIA
I. That all men are born equally free and independent, and have certain natural, inherent and inalienable rights, amongst which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.
II. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences and understanding: And that no man ought or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any ministry, contrary to, or against, his own free will and consent: Nor can any man, who acknowledges the being of a God, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments or peculiar mode of religious worship: And that no authority can or ought to bc vested in, or assumed by any power whatever, that shall in any case interfere with, or in any manner controul, the right of conscience in the free exercise of religious worship.
III. That the people of this State have the sole, exclusive and inherent right of governing and regulating the internal police of the same.
IV. That all power being originally inherent in, and consequently derived from, the people; therefore all officers of government, whether legislative or executive, are their trustees and servants and at all times accountable to them.
V. That government is, or ought to be, instituted for the common benefit, protection and security of the people nation or community; and not for the particular emolument or advantage of any single man, family, or sett of men, who are a part only of that community; And that the community hath an indubitable, unalienable and indefeasible right to reform, alter, or abolish government in such manner as shall be by that community judged most conducive to the public weal.
VI. That those who are employed in the legislative and executive business of the State, may he restrained from oppression, the people have a right, at such periods as they may think proper, to reduce their public officers to a private station, and supply the vacancies by certain and regular elections.
VII. That all elections ought to be free; and that all free men having a sufficient evident common interest with, and attachment to the community, have a right to elect officers, or to be elected into office.
VIII. That every member of society hath a right to be protected in the enjoyment of life, liberty and property, and therefore is bound to contribute his proportion towards the expence of that protection, and yield his personal service when necessary, or an equivalent thereto: But no part of a man's property can be justly taken from him, or applied to public uses, without his own consent, or that of his legal representatives: Nor can any man who is conscientiously scrupulous of bearing arms, be justly compelled thereto, if he will pay such equivalent, nor are the people bound by any laws, but such as they have in like manner assented to, for their common good.
IX. That in all prosecutions for criminal offences, a man hath a right to be heard by himself and his council, to demand the cause and nature of his accusation, to be confronted with the witnesses, to call for evidence in his favour, and a speedy public trial, by an impartial jury of the country, without the unanimous consent of which jury he cannot be found guilty; nor can he be compelled to give evidence against himself; nor can any man be justly deprived of his liberty except by the laws of the land, or the judgment of his peers.
X. That the people have a right to hold themselves, their houses, papers, and possessions free from search and seizure, and therefore warrants without oaths or affirmations first made, affording a sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his or their property, not particularly described, are contrary to that right, and ought not to be granted.
XI. That in controversies respecting property, and in suits between man and man, the parties have a right to trial by jury, which ought to be held sacred.
XII. That the people have a right to freedom of speech, and of writing, and publishing their sentiments; therefore the freedom of the press ought not to be restrained.
XIII. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power.
XIV. That a frequent recurrence to fundamental principles, and a firm adherence to justice, moderation, temperance, industry, and frugality are absolutely necessary to preserve the blessings of liberty, and keep a government free: The people ought therefore to pay particular attention to these points in the choice of officers and representatives, and have a right to exact a due and constant regard to them, from their legislatures and magistrates, in the making and executing such laws as are necessary for the good government of the state.
XV. That all men have a natural inherent right to emigrate from one state to another that will receive them, or to form a new state in vacant countries, or in such countries as they can purchase, whenever they think that thereby they may promote their own happiness.
XVI. That the people have a right to assemble together, to consult for their common good, to instruct their representatives, and to apply to the legislature for redress of grievances, by address, petition, or remonstrance.
A narrowly defeated populist article proposed during the convention stated:
"An enormous proportion of property vested in a few individuals is dangerous to the rights, and destructive of the common happiness, of mankind; and therefore every free state hath a right by its laws to discourage the possession of such property."
Declaration of independence
A declaration of independence is an assertion of the independence of an aspiring state or states. Such places are usually declared from part or all of the territory of another nation or failed nation, or are breakaway territories from within the larger state...
, and has been described as the most democratic in America. It was drafted by Robert Whitehill
Robert Whitehill (Pennsylvania)
Robert Whitehill was a member of the U.S. House of Representatives from Pennsylvania.Robert Whitehill was born in Pequea, Pennsylvania. He settled in Cumberland County, Pennsylvania...
, Timothy Matlack
Timothy Matlack
Timothy Matlack was a merchant, surveyor, architect, statesman, and patriot in the American Revolution. A delegate from Pennsylvania to the Second Continental Congress in 1780, he emerged during the Revolutionary period as one of Pennsylvania's most provocative and influential political...
, Dr. Thomas Young
Thomas Young (American revolutionary)
Dr. Thomas Young was an American patriot during the American Revolutionary War who advocated for independence from Britain. He was a member of the Boston Committee of Correspondence and a participant in the Boston Tea Party...
, George Bryan
George Bryan
George Bryan was a Pennsylvania businessman, statesman and politician of the Revolutionary era. He served as the first Vice-President of Pennsylvania and its second President following the Declaration of Independence from Great Britain...
, James Cannon
James Cannon (mathematician)
James Cannon was a Scottish-born American mathematician, and one of the principal draftsmen of the 1776 Constitution of the State of Pennsylvania.-Biography:...
, and Benjamin Franklin
Benjamin Franklin
Dr. Benjamin Franklin was one of the Founding Fathers of the United States. A noted polymath, Franklin was a leading author, printer, political theorist, politician, postmaster, scientist, musician, inventor, satirist, civic activist, statesman, and diplomat...
. Pennsylvania's innovative and highly democratic government structure, featuring a unicameral legislature, may have influenced the later French Republic's formation under the French Constitution of 1793
French Constitution of 1793
The Constitution of 24 June 1793 , also known as the Constitution of the Year I, or the The Montagnard Constitution , was the constitution instated by the Montagnards and by popular referendum under the First Republic during the French Revolution...
.
Innovations of the 1776 Constitution
The 1776 Constitution contained five of the six points of the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
's People's Charter
Chartism
Chartism was a movement for political and social reform in the United Kingdom during the mid-19th century, between 1838 and 1859. It takes its name from the People's Charter of 1838. Chartism was possibly the first mass working class labour movement in the world...
, over 50 years before that document was written. Some of the radical innovations included:
- Voting franchise for all tax-paying free men, without property qualifications.
- A unicameral legislature, with members elected to one-year terms.
- A thirteen-member Supreme Executive CouncilSupreme Executive Council of the Commonwealth of PennsylvaniaThe Supreme Executive Council of the Commonwealth of Pennsylvania comprised the executive branch of the Pennsylvania State government between 1777 and 1790...
to administer the government. - A judiciary appointed by the legislature for seven-year terms, and removable at any time.
- The provision that all approved legislation wait to be enacted until the next session of the Assembly, so that the people of the state could assess the utility of the proposed law.
- A President elected by the Assembly and Council together. Thomas Wharton Jr.Thomas Wharton Jr.Thomas Wharton Jr. was a Pennsylvania merchant and politician of the Revolutionary era. He served as the first President of Pennsylvania following the Declaration of Independence from Great Britain....
was chosen in 1777 to be the first President of the Supreme Executive Council. - A Council of Censors (elected every seven years) to conduct an evaluation of the activities. They could "censure" actions by the government deemed to have violated the constitution. The Council of Censors was the only body with the authority to call a convention to amend the constitution.
The Constitution also made Pennsylvania's official title the "Commonwealth of Pennsylvania" (as it remains today). The term "commonwealth
Commonwealth (United States)
Four of the constituent states of the United States officially designate themselves Commonwealths: Kentucky, Massachusetts, Pennsylvania and Virginia....
" is used by only four states - Pennsylvania, Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, and Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
. The revolutionaries in Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
directly copied many of the provisions of the Pennsylvania constitution. This happened because Dr. Thomas Young
Thomas Young (American revolutionary)
Dr. Thomas Young was an American patriot during the American Revolutionary War who advocated for independence from Britain. He was a member of the Boston Committee of Correspondence and a participant in the Boston Tea Party...
, a participant in the writing of the Pennsylvania constitution and mentor for Ethan Allen
Ethan Allen
Ethan Allen was a farmer, businessman, land speculator, philosopher, writer, and American Revolutionary War patriot, hero, and politician. He is best known as one of the founders of the U.S...
, wrote a letter to the Vermont constitutional convention suggesting both that Vermont be the new republic's name and that Vermont model its constitution on the new, radically democratic Pennsylvania one.
Declaration of Rights
The Pennsylvania constitution included a declaration of rights that coincides with the Virginia Declaration of RightsVirginia Declaration of Rights
The Virginia Declaration of Rights is a document drafted in 1776 to proclaim the inherent rights of men, including the right to rebel against "inadequate" government...
in 1776.
Text
A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF
THE COMMONWEALTH, OR STATE OF PENNSYLVANIA
I. That all men are born equally free and independent, and have certain natural, inherent and inalienable rights, amongst which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.
II. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences and understanding: And that no man ought or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any ministry, contrary to, or against, his own free will and consent: Nor can any man, who acknowledges the being of a God, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments or peculiar mode of religious worship: And that no authority can or ought to bc vested in, or assumed by any power whatever, that shall in any case interfere with, or in any manner controul, the right of conscience in the free exercise of religious worship.
III. That the people of this State have the sole, exclusive and inherent right of governing and regulating the internal police of the same.
IV. That all power being originally inherent in, and consequently derived from, the people; therefore all officers of government, whether legislative or executive, are their trustees and servants and at all times accountable to them.
V. That government is, or ought to be, instituted for the common benefit, protection and security of the people nation or community; and not for the particular emolument or advantage of any single man, family, or sett of men, who are a part only of that community; And that the community hath an indubitable, unalienable and indefeasible right to reform, alter, or abolish government in such manner as shall be by that community judged most conducive to the public weal.
VI. That those who are employed in the legislative and executive business of the State, may he restrained from oppression, the people have a right, at such periods as they may think proper, to reduce their public officers to a private station, and supply the vacancies by certain and regular elections.
VII. That all elections ought to be free; and that all free men having a sufficient evident common interest with, and attachment to the community, have a right to elect officers, or to be elected into office.
VIII. That every member of society hath a right to be protected in the enjoyment of life, liberty and property, and therefore is bound to contribute his proportion towards the expence of that protection, and yield his personal service when necessary, or an equivalent thereto: But no part of a man's property can be justly taken from him, or applied to public uses, without his own consent, or that of his legal representatives: Nor can any man who is conscientiously scrupulous of bearing arms, be justly compelled thereto, if he will pay such equivalent, nor are the people bound by any laws, but such as they have in like manner assented to, for their common good.
IX. That in all prosecutions for criminal offences, a man hath a right to be heard by himself and his council, to demand the cause and nature of his accusation, to be confronted with the witnesses, to call for evidence in his favour, and a speedy public trial, by an impartial jury of the country, without the unanimous consent of which jury he cannot be found guilty; nor can he be compelled to give evidence against himself; nor can any man be justly deprived of his liberty except by the laws of the land, or the judgment of his peers.
X. That the people have a right to hold themselves, their houses, papers, and possessions free from search and seizure, and therefore warrants without oaths or affirmations first made, affording a sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his or their property, not particularly described, are contrary to that right, and ought not to be granted.
XI. That in controversies respecting property, and in suits between man and man, the parties have a right to trial by jury, which ought to be held sacred.
XII. That the people have a right to freedom of speech, and of writing, and publishing their sentiments; therefore the freedom of the press ought not to be restrained.
XIII. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power.
XIV. That a frequent recurrence to fundamental principles, and a firm adherence to justice, moderation, temperance, industry, and frugality are absolutely necessary to preserve the blessings of liberty, and keep a government free: The people ought therefore to pay particular attention to these points in the choice of officers and representatives, and have a right to exact a due and constant regard to them, from their legislatures and magistrates, in the making and executing such laws as are necessary for the good government of the state.
XV. That all men have a natural inherent right to emigrate from one state to another that will receive them, or to form a new state in vacant countries, or in such countries as they can purchase, whenever they think that thereby they may promote their own happiness.
XVI. That the people have a right to assemble together, to consult for their common good, to instruct their representatives, and to apply to the legislature for redress of grievances, by address, petition, or remonstrance.
A narrowly defeated populist article proposed during the convention stated:
"An enormous proportion of property vested in a few individuals is dangerous to the rights, and destructive of the common happiness, of mankind; and therefore every free state hath a right by its laws to discourage the possession of such property."
External links
- Doc Heritage on Pennsylvania Constitution of 1776
- Avalon Project's Copy of the 1776 Pennsylvania Constitution
- Thomas Jefferson, John Adams, and the Declaration des Droit de l'Hommes et du Citoyen
- http://www.lonang.com/exlibris/organic/1776-pdr.htm
- http://www.historyisaweapon.com/defcon1/zinntyr4.html