Supreme Executive Council of the Commonwealth of Pennsylvania

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The Supreme Executive Council of the Commonwealth of Pennsylvania (also known as The Supreme Executive Council of Pennsylvania and, where state affiliation was understood, The Supreme Executive Council, The Executive Council, or simply Council or The Council) represented the executive branch of the Pennsylvania State government between 1777 and 1790. It was headed by a President and a Vice-President (analogous to a Governor and Lieutenant Governor, respectively). The best known member of the Council was Dr. Benjamin Franklin, who also served as its sixth President.

1 1776 Constitution
- 1.1 Meeting place and time
2 Presidents of Council
- 2.1 Legacy
3 Vice-Presidents of Council
- 3.1 "Acting" Presidents
4 Leadership elections
- 4.1 Discrepant dates and the oath of office
5 Counsellors
- 5.1 Term limits
- 5.2 List of Counsellors
6 1790 Constitution
7 References

[edit] 1776 Constitution

The 1776 Constitution of the Commonwealth of Pennsylvania was framed by a constitutional convention called at the urging of the Continental Congress. The convention began work in Philadelphia on 15 July 1776—less than two weeks following adoption of the Declaration of Independence. The Constitution was adopted 28 September of the same year. The document included both A Declaration of the Rights of the Inhabitants of the Commonwealth and a Plan or Frame of Government. The latter includes forty seven sections, several of which deal with the formation and function of the Supreme Executive Council.^[1]^[2]^[3]

Section 3: "The supreme executive power shall be vested in a president and council."

Section 19: "For the present the supreme executive council of this state shall consist of twelve persons chosen in the following manner..."

The city of Philadelphia and the eleven counties existing at that time each elected a representative to sit on the Council. These eleven counties were Philadelphia (at that time a governmental entity distinct from the City of Philadelphia), Chester, Bucks, Lancaster, York, Cumberland, Berks, Northampton, Bedford, Northumberland, and Westmoreland. Seats were added for Washington, Fayette, Franklin, Montgomery, Dauphin, Luzerene, Huntingdon, and Allegheny as those counties were established. (It should be noted that many of these counties occupied considerably different—and often much larger—territories in the late Eighteenth Century than they do today.)

Counsellors were elected to three-year terms; the terms were staggered so that one third would be contested each year. (Counsellors is the spelling used in the Constitution itself, although the word is also rendered councillors, councellors, and councilors in other documents.) The President and Vice-President of the Council were chosen from those twelve Counsellors, elected to one-year terms by an annual joint ballot of the Council and the General Assembly (the state legislature), usually held in November.

Section 20: The Council and its President were given power to

appoint judges, attorneys general, naval officers, and other officers
fill offices vacant due to death, resignation, removal, or disqualification
correspond with other states
prepare business to present to the General Assembly
serve as judges on cases of impeachment
grant pardons and remit fines (except in cases of impeachment)
grant reprieves in cases of treason and murder
ensure that the laws and other acts of the General Assembly were carried out
lay embargoes and prohibit the export of any commodity (in certain circumstances)

Additionally:

the President of Council was to serve as commander in chief of the military forces of the state
the Council was ordered to keep an accurate record of its proceedings

[edit] Meeting place and time

The 1776 Constitution stipulated that the Council meet at the same time and location as the General Assembly. In practice, the Council sat year-round: there was no formal cycle of sessions (e.g. 110th United States Congress) and no specific date for the start of term of Counsellors or Council officers.

The Supreme Executive Council formally convened 4 March 1777. The first President and Vice-President were elected the following day. The Council sat in the Pennsylvania State House in Philadelphia, now known as Independence Hall. It met in what had been the Governor's Council Chamber during British rule. The Executive Council, along with the General Assembly, moved to Lancaster, Pennsylvania ahead of the British occupation of Philadelphia in the fall of 1777—the last meeting in Philadelphia took place on 23 September and the first in Lancaster on 1 October. The Council returned to Philadelphia 26 June 1778.

The Council was replaced by a single Governor on 21 December 1790.

[edit] Presidents of Council

Seven men served as President of the Supreme Executive Council. (One, George Bryan, was never elected to the position, but today is considered by the Commonwealth to have been a full-fledged governor of Pennsylvania, perhaps due to the length of his term as Acting President.) Several figure prominently in the history of Pennsylvania, but none moreso than Dr. Benjamin Franklin. His presidency was one of his last acts of public service, and he died less than two years after leaving office. Franklin was also the longest serving President, having held the office for slightly over three years. There is some question about the de facto end of his term, suggesting that the aging Franklin was not actively involved in affairs of state toward the end of his presidency. (This is certainly not a consensus view, as other sources report that all actions of the Council during his term had Franklin's approval, even if that meant convening the Council at Franklin's home.) The shortest term was that of George Bryan, who served as Acting President for just over six months. Although these men may be referred to properly as Presidents of Pennsylvania their office is analogous to the modern office of Governor, and they are often included in lists of those who have held the latter title.^[4] Presidents and Vice-Presidents were styled His Excellency.

President	Start of Term	End of Term	Notes
Thomas Wharton Jr.	5 March 1777	23 May 1778	died in office
George Bryan	23 May 1778	1 December 1778	Acting President upon death of Wharton
Joseph Reed	1 December 1778	15 November 1781
William Moore	15 November 1781	7 November 1782
John Dickinson	7 November 1782	18 October 1785	previously President of Delaware; he did not formally relinquish that title until 12 January 1783
Benjamin Franklin	18 October 1785	5 November 1788
Thomas Mifflin	5 November 1788	21 December 1790	became first Governor of Pennsylvania under 1790 Constitution

[edit] Legacy

The neighborhood of South Philadelphia contains a series of east-west streets named in honor of Pennsylvania's Presidents and early Governors. Moving south on South 25th Street are Wharton, Reed and Dickinson Streets. (Bryan, never officially elected to the office, is omitted.) Moore Street, out of sequence, follows after two intervening streets (Tasker and Morris). There is no Franklin Street in the immediate neighborhood, probably because there already was a North Franklin Street on the west side of Franklin Square, these being two of the numerous memorials to Franklin already in Philadelphia. Moore is followed by Mifflin Street, McKean Street, and Snyder Street (the latter being Pennsylvania's second and third Governors under the 1790 Constitution). Wharton Street borders Wharton Square Park, although it is not clear if the park is named after Thomas Wharton or another member of his prominent family. Dickinson College and the Dickinson School of Law, both in Carlisle, Pennsylvania, were named after John Dickinson. Dickinson was portrayed, perhaps unflatteringly, as an impediment to Independence in the musical drama 1776, alongside a much more jovial Benjamin Franklin.

[edit] Vice-Presidents of Council

Similarly, the office of Vice-President of Pennsylvania is analogous to the modern office of Lieutenant Governor. Of the ten men who held the office, two succeeded to the Presidency (the first—Bryan—de facto, the second—Moore—de jure). The longest Vice-Presidential term was that of George Bryan; he served over two and a half years, although he also served as de facto Acting President for six months concurrent with his Vice-Presidential term. The shortest term was that of Matthew Smith, who served for twelve days in October 1779.^[4]

Vice-President	Start of Term	End of Term	Notes
George Bryan	6 March 1777	11 October 1779	resigned
Matthew Smith	11 October 1779	23 October 1779	resigned
William Moore	11 November 1779	14 November 1781	became President of Council following his term as VP
James Potter	15 November 1781	7 November 1782
James Ewing	7 November 1782	6 November 1784
James Irvine	6 November 1784	10 October 1785	resigned
Charles Biddle	10 October 1785	31 October 1787
Peter Muhlenberg	31 October 1787	14 October 1788	resigned
David Redick	14 October 1788	5 November 1788
George Ross	5 November 1788	21 December 1790

[edit] "Acting" Presidents

At least one source credits four Vice-Presidents with having served as Acting Presidents:

George Bryan (Acting President 23 May 1778-1 December 1778)
James Potter (Acting President 8 October-7 November 1782)
Charles Biddle (Acting President 10-18 October 1785)
David Redick (Acting President 14 October-5 November 1788)^[5]

With the exception of Bryan, the Commonwealth of Pennsylvania makes no such distinction, and its listing of the state's early Governors includes neither Potter, Biddle, nor Redick.^[4] (Presidents of Pennsylvania are sometimes included in the listing of former Governors.) None of these men (including Bryan) was given the title of Acting President during his time in office—each continued to be addressed as Vice-President and was titled Acting President only after the fact. (And, regarding all but Bryan, the honor is strictly unofficial.)

During George Bryan's "term" as Acting President the office of President was, in fact, vacant—Thomas Wharton died 23 May 1778 and an election to chose his successor was not held until 1 December—due perhaps to the Council's evacuation to Lancaster during that time. At over seven months, Bryan's tenure was such that today he is considered a full-fledged Governor by the Commonwealth of Pennsylvania.

The situations of the three other "Acting Presidents" is less clear, although there are some similarities. In each instance the President was replaced—or due to be replaced—as his county's Counsellor before the completion of his term as President. For example, Redick's supposed acting presidency spanned the final three weeks of Dr. Franklin's presidential term. Franklin's three-year term as Counsellor from the City of Philadelphia was to expire on or around 17 October 1788—two weeks before the conclusion of his final one-year Presidential term on 31 October. The 1776 Constitution is not specific on the matter, but as the President and Vice-President were chosen from among the members of the Council it appears that most Presidents chose to leave that office, or were replaced, prior to the expiration of their term as Counsellor, rather than have an executive preside over a body of which he was no longer a member. Thus, these "acting presidencies" may have spanned the period between the de facto end of one Presidency (due to term limits) and the formal election of a successor. Franklin, for instance, was succeeded as Counsellor for the City of Philadelphia by Samuel Miles on 20 October, but his Presidency officially did not end until 5 November. If Franklin did indeed continue to exercise the office during those final weeks not only would he have been presiding beyond the end of his term as Counsellor but also beyond the three-year term limit established by the 1776 Constitution. The official minutes of the Council contain no indication that the President in any of these situations (Moore, Dickinson and Franklin, respectively) had formally left, relinquished or been removed from office; nonetheless during these periods the President was absent from Council meetings, which were thus overseen by the Vice-President. This suggests that any "interim administration" was established quietly and "off the record".

It must be noted that a similar situation occurred at the end of Joseph Reed's presidency. Reed was succeeded as Counsellor from Philadelphia County by John Bayard on 16 October 1781 but ostensibly remained President until William Moore took office on 15 November. Yet no claims of an "acting presidency" have been made for Moore, who held the Vice-Presidency during this interim period, immediately prior to his election as President.

Similarly, Charles Biddle appears to have retained the Vice-Presidency—at least officially—even after leaving his seat on the Council. The Commonwealth of Pennsylvania reports that Biddle's Vice-Presidential term extended to 31 October 1787, at which time Peter Muhlenberg succeeded him in that office.^[4] However, Biddle's term as Counsellor from Berks County ended eighteen days earlier, on 13 October, when he was succeeded in that office by James Read. Furthermore, Biddle was elected Secretary of the Council on 23 October, a clerical position that likely would not have been assumed by one who was also an officer of the Council and a high State official.^[6]

[edit] Leadership elections

The first election of a President and Vice-President of Pennsylvania took place 5 March 1777, the day after the Council first convened. Thereafter, leadership elections took place in the fall, generally in November, following the popular election (held the second Tuesday in October) in which Counsellors and Assemblymen were elected by eligible citizens. Routine elections involved a joint ballot of the Council and the General Assembly. Several other elections were held to fill vacancies resulting from resignation; these involved only a vote by the Council rather than a joint ballot with the Assembly. More often than not, records do not list contenders (other than the winners) or vote tallies, saying simply that a particular gentleman was duly elected President and another Vice-President.^[6] Presidents and Vice-Presidents were elected to one-year terms. They could be reelected, but their term as President or Vice-President could not (in theory) extend beyond the end of their three-year term as Counsellor.

date	President	Vice-President	purpose
5 March 1777	Thomas Wharton	George Bryan	initial election
21 November 1777	Thomas Wharton	George Bryan	annual election (note: only election held in Lancaster)
1 December 1778	Joseph Reed (61) George Bryan (1) James Read (1)	George Bryan (62) Joseph Hart (1)	annual election
11 October 1779	------------------	Matthew Smith	to fill vacancy following Bryan's resignation
11 November 1779	Joseph Reed William Moore	William Moore James Read	annual election
14 November 1780	Joseph Reed (59) William Moore (1)	William Moore (53) James Potter (6) General Lacey (1)	annual election
14 November 1781	William Moore(64) James Ewing (1) James Potter (1) John Lacey (1)	James Potter(38) James Ewing (28)	annual election
7 November 1782	John Dickinson (41) James Potter (32)	James Ewing (39) James Potter (34)	annual election
6 November 1783	John Dickinson (unanimous)	James Ewing (unanimous)	annual election
6 November 1784	John Dickinson John Neville	James Irvine John Neville	annual election
10 October 1785	------------------	Charles Biddle	to fill vacancy following Irvine’s resignation
18 October 1785	Benjamin Franklin (unanimous)	------------------	it is not clear why a replacement for Dickinson was needed. Dickinson's name does not appear in Council minutes after the 10 October 1785 meeting that elected Biddle to the Vice-Presidency.
29 October 1785	Benjamin Franklin	Charles Biddle	annual election
4 November 1786	Benjamin Franklin	Charles Biddle
31 October 1787	Benjamin Franklin	Peter Muhlenberg	annual election
14 October 1788	------------------	David Redick	to fill vacancy following Muhlenberg’s resignation
5 November 1788	Thomas Mifflin	George Ross	annual election
11 November 1789	Thomas Mifflin (unanimous)	George Ross (unanimous)	annual election

[edit] Discrepant dates and the oath of office

Throughout the history of the Council it was standard practice for newly-elected Presidents and Vice-Presidents to take office immediately upon election. However, there were a few instances in which an individual did not take the oath of office until the day following his election. Section 40 of the 1776 Constitution stipulates: “Every officer, whether judicial, executive or military, in authority under this commonwealth, shall take the following…oath of office before he enters on the execution of his office,” meaning that an individual could not assume the duties of his office before taking the necessary oath. Cross referencing the election dates above with the preceding listings of terms in office will thus reveal several slight discrepancies, all resulting from a delayed administration of the oath:

George Bryan, elected Vice-President 5 March 1777, took office 6 March.
William Moore, elected President 14 November 1781, took office 15 November.
James Potter, elected Vice-President 14 November 1781, took office 15 November. ^[4]^[6]

No reasons for the delays are noted in the minutes of the Council. Neither set of dates involved a conflict with the sabbath. There were other instances that involved reelections of men who had already been sworn into office at the start of their previous term and which thus caused no delay. These are not noted here.

[edit] Counsellors

Counsellors were elected to represent each county in Pennsylvania as well as the city of Philadelphia. They were elected to three-year terms. Many served less than a full three, while others appear to have served slightly more. The Council sat year-round and there was no specific date set for the start of a session or of any Counsellor's term. Rather, new Counsellors appear to have begun their terms whenever they were able to reach Philadelphia following their elections. The general election at that time was held on the second Tuesday in October and most Counsellors took office in late October or in November. In most instances it is easy to fix the date on which a particular Counsellor’s term began, as the Minutes of the Council will note that on a particular date a particular gentleman was administered the oath and admitted to his seat. Many Counsellors had sporadic attendance, and several were absent for a year or more at a time. This was particularly true of representatives from the distant western counties, although the phenomenon was certainly not limited to those gentlemen. Some Counsellors simply sat out the last several months of their terms, their names disappearing from the Minutes by late summer or early autumn. Thus, the following list of Counsellors generally notes only the day on which each began his term; unless indicated otherwise it is assumed that each term extended to the beginning of the next, regardless of the incumbent’s actual attendance. Counsellors were accorded the title of Esquire.

[edit] Term limits

With the Council set to be dissolved in December 1790, a provision of the new State Constitution allowed Counsellors and Council officers whose terms whould have expired that Autumn to remain in office until 21 December, rather than hold elections for new Counsellors who would sit for only one or two months. Also, a review of the dates on which a particular county's Counsellors began their terms will reveal several instances in which more than three years elapsed between the start of successive terms. It is uncertain whether the seat technically became vacant after exactly three years or if the incumbent's term extended to the start of his successor's, even if this meant exceeding the three-year term limit imposed by the 1776 Constitution.

[edit] List of Counsellors

The home counties of two early Counsellors, John Evans and John Lowdan, has not yet been determined. Both were sitting when the Council first convened on 4 March 1777. It appears that one likely represented Chester County and the other York.

City of Philadelphia

George Bryan (4 March 1777)
William Moore (18 October 1779)
James Irvine (14 October 1782)
Benjamin Franklin (17 October 1785)
Samuel Miles (20 October 1788-21 December 1790)

Philadelphia County

Joseph Wharton (4 March 1777; died in office 23 May 1778)
Joseph Reed (24 November 1778)
John Bayard (16 October 1781)
John Dickinson (4 November 1782)
Henry Hill (17 October 1785)
Thomas Mifflin (20 October 1788-21 December 1790)

Chester County

John Mackey (McKay, MacKay, Macky) (21 November 1777)
Dr. Joseph Gardner (23 October 1779)
John McDowell (2 November 1782)
Evan Evans (28 October 1785)
Richard Willing (16 October 1788-21 December 1790)

Bucks County

Joseph Hart (23 July 1777)
Gen. John Lacey Jr. (28 October 1779)
George Wall Jr. (29 October 1782)
Samuel Dean (1 November 1785)
Amos Gregg (21 October 1788-21 December 1790)

Lancaster County

John Hubley (10 March 1777)
John Bailey (2 June 1777)
Col. Matthew Smith (28 May 1778)
James Cunningham (5 January 1781)
Samuel John Atlee (21 October 1783)
John Whitehill (22 December 1784)
George Ross (16 October 1787-21 December 1790)

York County

Jason Edgar (4 November 1777)
James Ewing (9 February 1779; withdrew a few days later due to questions regarding his election)
Mr. Thompson (8 March 1779)
James Ewing (26 October 1781)
Richard McCallister (McAlister) (26 October 1784)
Andrew Bellmeyer (Billmeyer) (19 January 1787)
Samuel Edie (25 October 1787-21 December 1790)

Cumberland County

Jonathan Hoge ( 4 March 1777)
James McLene (McClean, M’Lean, McLean) (9 November 1778)
Robert Whitehill (28 December 1779)
John Buyers (Byers) (20 November 1781)
Jonathan Hoge (3 November 1784)
Frederick Watt (26 October 1787-21 December 1790)

Berks County

Jacob Morgan (3 September 1777)
James Read (1 July 1778)
Sebastian Levan (31 October 1781)
Charles Biddle (30 October 1784)
James Read (13 October 1787-21 December 1790)

Northampton County

George Taylor (4 March 1777)
Jacob Arndt (Orndt) (8 November 1777)
John VanCampen (4 November 1780)
Stephen Balliot (3 November 1783)
Robert Trail (23 October 1786)
Jonas Hartzell (20 October 1789-21 December 1790)

Bedford County

Thomas Urie (14 November 1777)
John Piper (17 November 1780)
Isaac Meason (Mason) (12 November 1783)
seat vacant approximately one year due to election irregularities
George Woods (1 November 1787)
James Martin (12 November 1789-21 December 1790)

Northumberland County

Capt. John Hambright (Hambidght) (4 November 1777)
Brig. Gen. James Potter (16 November 1780)
John Boyd (25 November 1783)
William McClay (23 October 1786)
William Wilson (23 October 1789-21 December 1790)

Westmoreland County

John Proctor (4 March 1777)
Thomas Scott (29 November 1777)
Christopher Hayes (17 February 1781)
Bernard Dougherty (11 November 1783)
John Baird (Beard) (17 November 1786)
William Findley (25 November 1789-21 December 1790)

Washington County (erected 1781)

Dorsey (Dorset) Pentecost (19 November 1781)
Gen. John Neville (11 November 1783)
David Redick (20 November 1786)
Henry Taylor (3 December 1789-21 December 1790)

Fayette County (erected 1783)

John Woods (6 November 1784)
John Smilie (2 November 1786)
Nathaniel Breading (19 November 1789-21 December 1790)

Franklin County (erected 1784)

James McLene (2 February 1785)
Abraham Smith (24 October 1787-21 December 1790)

Montgomery County (erected 1784)

Daniel Hiester (15 October 1784)
Peter Muhlenberg (24 October 1785)
Zebulon Potts (16 October 1788-21 December 1790)

Dauphin County (erected 1785)

William Brown (14 November 1785)
Christopher Kucher (1 November 1787-21 December 1790)

Luzerne County (erected 1786)

Nathan Dennison (Dennisen) (2 March 1787)
Lord Butler (30 October 1789-21 December 1790)

Huntingdon County (erected 1787)

John Cannon (21 November 1787)
Benjamin Elliott (30 December 1789-21 December 1790)

Allegheny County (erected 1788)

Dr. John Wilkins Jr. (20 November 1789-21 December 1790)

[edit] 1790 Constitution

A constitutional convention was called in 1789 and a new state constitution was adopted the following year. The 1790 Constitution did away with the Supreme Executive Council and vested supreme executive power in the office of Governor. On 21 December 1790 Thomas Mifflin, the last President of Pennsylvania, took office as the State's first Governor. (The title of Governor had been used during the Colonial era, although it referred to the appointed representative of the monarch or the Proprietor, rather than to an elected official.) The executive branch of the state government has been headed by a governor since that time. The 1790 Constitution made no provision for a Lieutenant Governor. Upon the death or resignation of the Governor the office would be assumed by the Speaker of the State Senate. (This position no longer exists.)^[3] The office of Lieutenant Governor was created by the 1873 State Constitution and first occupied (by John Latta) in 1875.