Supreme Executive Council of the Commonwealth of Pennsylvania

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.

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. [http://www.docheritage.state.pa.us/documents/constitutiontrans.asp Text of 1776 Pennsylvania Constitution] from the [http://www.phmc.state.pa.us/bah/dam/overview.htm Pennsylvania State Archives] ] [http://www.yale.edu/lawweb/avalon/states/pa08.htm Text of 1776 Pennsylvania Constitution] from the [http://www.law.yale.edu/ Yale Law School] ] [http://www.aet.cup.edu/~jmeans/links/Pennsylvania_Constitutions.html Text of 1776, 1790, and 1838 Pennsylvania Constitutions] from [http://www.aet.cup.edu/~jmeans/ Jim Means] , [http://www.cup.edu/index.jsp California University of Pennsylvania] ]

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

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.

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. [http://www.phmc.state.pa.us/bah/dam/governors/priorgov.asp?secid=31 Prior Governors of Pennsylvania] from the [http://www.phmc.state.pa.us/overview.asp?secid=1 Pennsylvania Historical and Museum Commission] ] Presidents and Vice-Presidents were styled "His Excellency."

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.

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 "re"elections 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.

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".

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.

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)

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.) The office of Lieutenant Governor was created by the 1873 State Constitution and first occupied (by John Latta) in 1875.

References