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'''Thomas McKean''' (March 19, 1734 - June 24, 1817) was a lawyer and politician from [[New Castle, Delaware|New Castle]], [[Delaware]], and [[Philadelphia]], [[Pennsylvania]]. During the [[American Revolution]], he was a delegate to the [[Continental Congress]], where he signed the [[United States Declaration of Independence|Declaration of Independence]] and served as a [[President of the Continental Congress|President of Congress]]. He was at various times a member of the [[Federalist Party|Federalist]] and [[Democratic-Republican Party|Democratic-Republican Parties]], who served as [[Governor of Delaware|President of Delaware]], [[Supreme Court of Pennsylvania|Chief Justice of Pennsylvania]], and [[Governor of Pennsylvania]].  
'''Thomas McKean''' (March 19, 1734 - June 24, 1817) was a lawyer and politician from [[New Castle, Delaware|New Castle]], [[Delaware]], and [[Philadelphia]], [[Pennsylvania]]. During the [[American Revolution]], he was a delegate to the [[Continental Congress]], where he signed the [[United States Declaration of Independence|Declaration of Independence]] and served as a [[President of the Continental Congress|President of Congress]]. He was at various times a member of the [[Federalist Party|Federalist]] and [[Democratic-Republican Party|Democratic-Republican Parties]], who served as [[Governor of Delaware|President of Delaware]], [[Supreme Court of Pennsylvania|Chief Justice of Pennsylvania]], and [[Governor of Pennsylvania]].  


====Early life and family====
===Early life and family===
McKean was born March 19, 1734, in [[New London Township, Pennsylvania|New London Township]], [[Chester County, Pennsylvania|Chester County]], [[Pennsylvania]], the son of William McKean and Letitia Finney. His father was a tavern keeper in New London and both his parents were [[Ulster-Scots]] who came to Pennsylvania from [[Ireland]] as children. Mary Borden was his first wife. They married in 1763, lived at 22 The Strand in [[New Castle, Delaware|New Castle]], [[Delaware]], and had six children, Joseph, Robert, Elizabeth, Letitia, Mary, and Anne. Mary Borden McKean died in 1773 and is buried at Immanuel Episcopal Church in New Castle. Sarah Armitage was McKean’s second wife. They married in 1774, lived at the northeast corner of 3rd and Pine Streets in [[Philadelphia, Pennsylvania]], and had four children, Sarah, Thomas, Sophia, and Maria. They were members of the New Castle [[Presbyterian Church in the United States of America|Presbyterian Church]] in New Castle and the First Presbyterian Church in Philadelphia. Sarah's son, Carlos Fernando de Yrujo, would later become [[Prime Minister of Spain]].
McKean was born March 19, 1734, in [[New London Township, Pennsylvania|New London Township]], [[Chester County, Pennsylvania|Chester County]], [[Pennsylvania]], the son of William McKean and Letitia Finney. His father was a tavern keeper in New London and both his parents were [[Ulster-Scots]] who came to Pennsylvania from [[Ireland]] as children. Mary Borden was his first wife. They married in 1763, lived at 22 The Strand in [[New Castle, Delaware|New Castle]], [[Delaware]], and had six children, Joseph, Robert, Elizabeth, Letitia, Mary, and Anne. Mary Borden McKean died in 1773 and is buried at Immanuel Episcopal Church in New Castle. Sarah Armitage was McKean’s second wife. They married in 1774, lived at the northeast corner of 3rd and Pine Streets in [[Philadelphia, Pennsylvania]], and had four children, Sarah, Thomas, Sophia, and Maria. They were members of the New Castle [[Presbyterian Church in the United States of America|Presbyterian Church]] in New Castle and the First Presbyterian Church in Philadelphia. Sarah's son, Carlos Fernando de Yrujo, would later become [[Prime Minister of Spain]].


====Early career====
===Early career===
McKean's education began at the Reverend Francis Allison's New London Academy. At the age of sixteen, he went to [[New Castle, Delaware|New Castle]], [[Delaware]] to begin the study of law under his cousin, David Finney. In 1755, he was admitted to the [[Bar association|Bar]] in the Lower Counties, as Delaware was then known, and likewise in the Province of [[Pennsylvania]] the following year. In 1756 he was appointed deputy Attorney General for [[Sussex County, Delaware|Sussex County]]. From the 1762/63 session through the 1775/76 session he was a member of the [[Delaware General Assembly|General Assembly of the Lower Counties]], serving as its [[Speaker (politics)|Speaker]] in 1772/73. From July 1765, he also served as a judge of the [[Court of Common Pleas (United States)|Court of Common Pleas]] and began service as the customs collector at New Castle in 1771. In November 1765, his Court of Common Pleas became the first such court in the colonies to establish a rule that all the proceedings of the court be recorded on un-stamped paper.
McKean's education began at the Reverend Francis Allison's New London Academy. At the age of sixteen, he went to [[New Castle, Delaware|New Castle]], [[Delaware]] to begin the study of law under his cousin, David Finney. In 1755, he was admitted to the [[Bar association|Bar]] in the Lower Counties, as Delaware was then known, and likewise in the Province of [[Pennsylvania]] the following year. In 1756 he was appointed deputy Attorney General for [[Sussex County, Delaware|Sussex County]]. From the 1762/63 session through the 1775/76 session he was a member of the [[Delaware General Assembly|General Assembly of the Lower Counties]], serving as its [[Speaker (politics)|Speaker]] in 1772/73. From July 1765, he also served as a judge of the [[Court of Common Pleas (United States)|Court of Common Pleas]] and began service as the customs collector at New Castle in 1771. In November 1765, his Court of Common Pleas became the first such court in the colonies to establish a rule that all the proceedings of the court be recorded on un-stamped paper.


Eighteenth century Delaware was politically divided into loose political factions known as the "Court Party" and the "Country Party." The majority Court Party was generally [[Episcopal Church in the United States of America|Anglican]], strongest in [[Kent County, Delaware|Kent County]] and Sussex County, worked well with the colonial Proprietary government, and was in favor of reconciliation with the [[Kingdom of Great Britain|British]] government. The minority Country Party was largely [[Ulster-Scots|Ulster-Scot]], centered in [[New Castle County, Delaware|New Castle County]], and quickly advocated independence from the British. McKean was the epitome of the Country party politician and was, as much as anyone, its leader. As such, he generally worked in partnership with [[Caesar Rodney]] from Kent County, and in opposition to his friend and neighbor, [[George Read (senator)|George Read]].
Eighteenth century Delaware was politically divided into loose political factions known as the "Court Party" and the "Country Party." The majority Court Party was generally [[Episcopal Church in the United States of America|Anglican]], strongest in [[Kent County, Delaware|Kent County]] and Sussex County, worked well with the colonial Proprietary government, and was in favor of reconciliation with the [[Kingdom of Great Britain|British]] government. The minority Country Party was largely [[Ulster-Scots|Ulster-Scot]], centered in [[New Castle County, Delaware|New Castle County]], and quickly advocated independence from the British. McKean was the epitome of the Country party politician and was, as much as anyone, its leader. As such, he generally worked in partnership with [[Caesar Rodney]] from Kent County, and in opposition to his friend and neighbor, [[George Read (senator)|George Read]].


====American Revolution====
===American Revolution===
=====Stamp Act Congress=====
====Stamp Act Congress====
At the [[Stamp Act Congress]] of 1765, McKean and [[Caesar Rodney]] represented [[Delaware]]. McKean proposed the voting procedure that the [[Continental Congress]] later adopted: that each colony, regardless of size or population, have one vote. This decision set the precedent, the Congress of the [[Articles of Confederation]] adopted the practice, and the principle of state equality continued in the composition of the [[United States Senate]].
At the [[Stamp Act Congress]] of 1765, McKean and [[Caesar Rodney]] represented [[Delaware]]. McKean proposed the voting procedure that the [[Continental Congress]] later adopted: that each colony, regardless of size or population, have one vote. This decision set the precedent, the Congress of the [[Articles of Confederation]] adopted the practice, and the principle of state equality continued in the composition of the [[United States Senate]].


McKean quickly became one of the most influential members of the [[Stamp Act Congress]]. He was on the committee that drew the memorial to [[Parliament of the United Kingdom|Parliament]], and with [[John Rutledge]] and [[Philip Livingston]], revised its proceedings. On the last day of its session, when the business session ended, [[Timothy Ruggles]], the president of the body, and a few other more cautious members, refused to sign the memorial of rights and grievances. McKean arose, and addressing the chair, insisted that the president give his reasons for his refusal. After refusing at first, Ruggles remarked, "it was against his conscience." McKean then disputed his use of the word "conscience" so loudly and so long that a challenge was given by Ruggles and accepted in the presence of the congress. However, Ruggles left the next morning at daybreak, so that the duel did not take place.<ref>Lives of the Signers to the Declaration of Independence [http://www.colonialhall.com/mckean/mckean.php]</ref>
McKean quickly became one of the most influential members of the [[Stamp Act Congress]]. He was on the committee that drew the memorial to [[Parliament of the United Kingdom|Parliament]], and with [[John Rutledge]] and [[Philip Livingston]], revised its proceedings. On the last day of its session, when the business session ended, [[Timothy Ruggles]], the president of the body, and a few other more cautious members, refused to sign the memorial of rights and grievances. McKean arose, and addressing the chair, insisted that the president give his reasons for his refusal. After refusing at first, Ruggles remarked, "it was against his conscience." McKean then disputed his use of the word "conscience" so loudly and so long that a challenge was given by Ruggles and accepted in the presence of the congress. However, Ruggles left the next morning at daybreak, so that the duel did not take place.<ref>Lives of the Signers to the Declaration of Independence [http://www.colonialhall.com/mckean/mckean.php]</ref>


=====Continental Congress=====
====Continental Congress====
In spite of his primary residence in [[Philadelphia, Pennsylvania|Philadelphia]], McKean remained the effective leader for American Independence in Delaware. Along with [[George Read (senator)|George Read]] and Caesar Rodney, he was one of Delaware's delegates to the [[First Continental Congress]] in 1774 and the [[Second Continental Congress]] in 1775 and 1776.
In spite of his primary residence in [[Philadelphia, Pennsylvania|Philadelphia]], McKean remained the effective leader for American Independence in Delaware. Along with [[George Read (senator)|George Read]] and Caesar Rodney, he was one of Delaware's delegates to the [[First Continental Congress]] in 1774 and the [[Second Continental Congress]] in 1775 and 1776.


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A few days after McKean cast his vote, he left Congress to serve as colonel in command of the Fourth Battalion of the Pennsylvania Associators, a militia unit created by [[Benjamin Franklin]] in 1747. They joined [[George Washington|Washington]]'s defense of [[New York City]] at [[Perth Amboy, New Jersey|Perth Amboy]], [[New Jersey]]. Being away, he was not available when most of the signers placed their signatures on the Declaration of Independence on August 2, 1776. Since his signature did not appear on the [[Goddard Broadside|printed copy]] that was authenticated on January 17, 1777, it is assumed that he signed after that date, possibly as late as 1781.<ref>G. S. Rowe, "McKean, Thomas". ''[[American National Biography Online]]'', February 2000.</ref>
A few days after McKean cast his vote, he left Congress to serve as colonel in command of the Fourth Battalion of the Pennsylvania Associators, a militia unit created by [[Benjamin Franklin]] in 1747. They joined [[George Washington|Washington]]'s defense of [[New York City]] at [[Perth Amboy, New Jersey|Perth Amboy]], [[New Jersey]]. Being away, he was not available when most of the signers placed their signatures on the Declaration of Independence on August 2, 1776. Since his signature did not appear on the [[Goddard Broadside|printed copy]] that was authenticated on January 17, 1777, it is assumed that he signed after that date, possibly as late as 1781.<ref>G. S. Rowe, "McKean, Thomas". ''[[American National Biography Online]]'', February 2000.</ref>


=====Articles of Confederation=====
====Articles of Confederation====
In a conservative reaction against the advocates of American independence, the 1776/77 [[Delaware General Assembly]] did not reelect either McKean or Caesar Rodney to the Continental Congress in October 1776. However, the British occupation following the [[Battle of Brandywine]] swung opinions enough that McKean was returned to Congress in October 1777, by the 1777/78 Delaware General Assembly. He then served continuously until February 1, 1783. McKean helped draft the [[Articles of Confederation]] and voted for their adoption on March 1, 1781.
In a conservative reaction against the advocates of American independence, the 1776/77 [[Delaware General Assembly]] did not reelect either McKean or Caesar Rodney to the Continental Congress in October 1776. However, the British occupation following the [[Battle of Brandywine]] swung opinions enough that McKean was returned to Congress in October 1777, by the 1777/78 Delaware General Assembly. He then served continuously until February 1, 1783. McKean helped draft the [[Articles of Confederation]] and voted for their adoption on March 1, 1781.


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<br>


====Government of Delaware====
===Government of Delaware===
Meanwhile, McKean led the effort in the [[Delaware General Assembly|General Assembly]] of the [[Delaware|Lower Counties]] to declare its separation from the [[Kingdom of Great Britain|British]] government, which it did on June 15, 1776. Then, in August, he was elected to the special convention to draft a new state constitution. Upon hearing of it, McKean made the long ride to [[Dover, Delaware]] from [[Philadelphia, Pennsylvania|Philadelphia]] in a single day, went to a room in an Inn, and that night, virtually by himself, drafted the document. It was adopted September 20, 1776. The [[Delaware Constitution of 1776]] thus became the first state constitution to be produced after the [[Declaration of Independence (United States)|Declaration of Independence]].
Meanwhile, McKean led the effort in the [[Delaware General Assembly|General Assembly]] of the [[Delaware|Lower Counties]] to declare its separation from the [[Kingdom of Great Britain|British]] government, which it did on June 15, 1776. Then, in August, he was elected to the special convention to draft a new state constitution. Upon hearing of it, McKean made the long ride to [[Dover, Delaware]] from [[Philadelphia, Pennsylvania|Philadelphia]] in a single day, went to a room in an Inn, and that night, virtually by himself, drafted the document. It was adopted September 20, 1776. The [[Delaware Constitution of 1776]] thus became the first state constitution to be produced after the [[Declaration of Independence (United States)|Declaration of Independence]].


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====Government of Pennsylvania====
===Government of Pennsylvania===
McKean started his long tenure as [[Supreme Court of Pennsylvania|Chief Justice of Pennsylvania]] on July 28, 1777, and served in that capacity until 1799. There he largely set the rules of justice for revolutionary [[Pennsylvania]]. According to biographer John Coleman "only the historiographical difficulty of reviewing court records and other scattered documents prevents recognition that McKean, rather than [[John Marshall]], did more than anyone else to establish an independent judiciary in the [[United States]]. As chief justice under a Pennsylvania constitution he considered flawed, he assumed it the right of the court to strike down legislative acts it deemed unconstitutional, preceding by ten years the [[U.S. Supreme Court]]'s establishment of the doctrine of [[judicial review]]. He augmented the rights of defendants and sought [[penal reform]], but on the other hand was slow to recognize expansion of the legal rights of women and the processes in the state's gradual elimination of slavery."
McKean started his long tenure as [[Supreme Court of Pennsylvania|Chief Justice of Pennsylvania]] on July 28, 1777, and served in that capacity until 1799. There he largely set the rules of justice for revolutionary [[Pennsylvania]]. According to biographer John Coleman "only the historiographical difficulty of reviewing court records and other scattered documents prevents recognition that McKean, rather than [[John Marshall]], did more than anyone else to establish an independent judiciary in the [[United States]]. As chief justice under a Pennsylvania constitution he considered flawed, he assumed it the right of the court to strike down legislative acts it deemed unconstitutional, preceding by ten years the [[U.S. Supreme Court]]'s establishment of the doctrine of [[judicial review]]. He augmented the rights of defendants and sought [[penal reform]], but on the other hand was slow to recognize expansion of the legal rights of women and the processes in the state's gradual elimination of slavery."


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Some of McKean's other accomplishments included expanding free education for all and, at age eighty, leading a Philadelphia citizens group to organize a strong defense during the [[War of 1812]]. He spent his retirement in Philadelphia, writing, discussing political affairs and enjoying the considerable wealth he had earned through investments and real estate.
Some of McKean's other accomplishments included expanding free education for all and, at age eighty, leading a Philadelphia citizens group to organize a strong defense during the [[War of 1812]]. He spent his retirement in Philadelphia, writing, discussing political affairs and enjoying the considerable wealth he had earned through investments and real estate.


====Death and legacy====
===Death and legacy===
McKean was a member of the Pennsylvania Society of the Cincinnati in 1785, and was subsequently its vice-president. [[Princeton University|Princeton]] gave him the degree of L.L.D. in 1781; [[Dartmouth College|Dartmouth]] presented the same honor in 1782, The [[University of Pennsylvania]] gave him the degree of A.M. in 1763, and L.L.D. in 1785. With Professor John Wilson he published "Commentaries on the Constitution of the United States" (London, 1790).
McKean was a member of the Pennsylvania Society of the Cincinnati in 1785, and was subsequently its vice-president. [[Princeton University|Princeton]] gave him the degree of L.L.D. in 1781; [[Dartmouth College|Dartmouth]] presented the same honor in 1782, The [[University of Pennsylvania]] gave him the degree of A.M. in 1763, and L.L.D. in 1785. With Professor John Wilson he published "Commentaries on the Constitution of the United States" (London, 1790).


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McKean was over six feet tall, always wore a large cocked hat and carried a gold-headed cane. He was a man of quick temper and vigorous personality, "with a thin face, hawk's nose and hot eyes." He was known for a "lofty and often tactless manner that antagonized many people," as well as for being "cold, proud and vain." Some thought, "his popularity with his clients was difficult to understand. He seldom mixed with people except on public occasions. Many people found his company insufferable. Still others concluded that he attracted so much business because people simply had confidence in his integrity and impressive credentials." John Adams described him as "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." As Chief Justice and Governor of Pennsylvania he was frequently the center of controversy.<ref>Thomas McKean biography [http://www.si.edu/harcourt/npg/col/age/mckean2.htm]</ref><ref>Pine Run Farms - The McKean Estate  [http://www2.cybergolf.com/sites/courses/talamore.asp?id=300&page=7779]</ref>
McKean was over six feet tall, always wore a large cocked hat and carried a gold-headed cane. He was a man of quick temper and vigorous personality, "with a thin face, hawk's nose and hot eyes." He was known for a "lofty and often tactless manner that antagonized many people," as well as for being "cold, proud and vain." Some thought, "his popularity with his clients was difficult to understand. He seldom mixed with people except on public occasions. Many people found his company insufferable. Still others concluded that he attracted so much business because people simply had confidence in his integrity and impressive credentials." John Adams described him as "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." As Chief Justice and Governor of Pennsylvania he was frequently the center of controversy.<ref>Thomas McKean biography [http://www.si.edu/harcourt/npg/col/age/mckean2.htm]</ref><ref>Pine Run Farms - The McKean Estate  [http://www2.cybergolf.com/sites/courses/talamore.asp?id=300&page=7779]</ref>


===Almanac===
==Almanac==
[[Delaware]] elections were held October 1st, and members of the [[Delaware General Assembly|General Assembly]] took office on October 20th, or the following weekday. [[Delaware House of Representatives|State Assemblymen]] had a one year term. The General Assembly chose the [[Continental Congress]]men for a one year term and the State [[Governor of Delaware|President]] for a three year term.
[[Delaware]] elections were held October 1st, and members of the [[Delaware General Assembly|General Assembly]] took office on October 20th, or the following weekday. [[Delaware House of Representatives|State Assemblymen]] had a one year term. The General Assembly chose the [[Continental Congress]]men for a one year term and the State [[Governor of Delaware|President]] for a three year term.


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====Notes====
===Notes===
{{reflist}}
{{reflist}}


====Images====
===Images===
*[http://www.ushistory.org/carpentershall/history/pa.htm Carpenter's Hall ] ''Courtesy of Independence National Historical Park.''
*[http://www.ushistory.org/carpentershall/history/pa.htm Carpenter's Hall ] ''Courtesy of Independence National Historical Park.''
*[http://www.state.de.us/research/Tour/information/Governors/govs.shtml Hall of Governors Portrait Gallery ] ''Portrait courtesy of Historical and Cultural Affairs, Dover.''
*[http://www.state.de.us/research/Tour/information/Governors/govs.shtml Hall of Governors Portrait Gallery ] ''Portrait courtesy of Historical and Cultural Affairs, Dover.''

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Thomas McKean (March 19, 1734 - June 24, 1817) was a lawyer and politician from New Castle, Delaware, and Philadelphia, Pennsylvania. During the American Revolution, he was a delegate to the Continental Congress, where he signed the Declaration of Independence and served as a President of Congress. He was at various times a member of the Federalist and Democratic-Republican Parties, who served as President of Delaware, Chief Justice of Pennsylvania, and Governor of Pennsylvania.

Early life and family

McKean was born March 19, 1734, in New London Township, Chester County, Pennsylvania, the son of William McKean and Letitia Finney. His father was a tavern keeper in New London and both his parents were Ulster-Scots who came to Pennsylvania from Ireland as children. Mary Borden was his first wife. They married in 1763, lived at 22 The Strand in New Castle, Delaware, and had six children, Joseph, Robert, Elizabeth, Letitia, Mary, and Anne. Mary Borden McKean died in 1773 and is buried at Immanuel Episcopal Church in New Castle. Sarah Armitage was McKean’s second wife. They married in 1774, lived at the northeast corner of 3rd and Pine Streets in Philadelphia, Pennsylvania, and had four children, Sarah, Thomas, Sophia, and Maria. They were members of the New Castle Presbyterian Church in New Castle and the First Presbyterian Church in Philadelphia. Sarah's son, Carlos Fernando de Yrujo, would later become Prime Minister of Spain.

Early career

McKean's education began at the Reverend Francis Allison's New London Academy. At the age of sixteen, he went to New Castle, Delaware to begin the study of law under his cousin, David Finney. In 1755, he was admitted to the Bar in the Lower Counties, as Delaware was then known, and likewise in the Province of Pennsylvania the following year. In 1756 he was appointed deputy Attorney General for Sussex County. From the 1762/63 session through the 1775/76 session he was a member of the General Assembly of the Lower Counties, serving as its Speaker in 1772/73. From July 1765, he also served as a judge of the Court of Common Pleas and began service as the customs collector at New Castle in 1771. In November 1765, his Court of Common Pleas became the first such court in the colonies to establish a rule that all the proceedings of the court be recorded on un-stamped paper.

Eighteenth century Delaware was politically divided into loose political factions known as the "Court Party" and the "Country Party." The majority Court Party was generally Anglican, strongest in Kent County and Sussex County, worked well with the colonial Proprietary government, and was in favor of reconciliation with the British government. The minority Country Party was largely Ulster-Scot, centered in New Castle County, and quickly advocated independence from the British. McKean was the epitome of the Country party politician and was, as much as anyone, its leader. As such, he generally worked in partnership with Caesar Rodney from Kent County, and in opposition to his friend and neighbor, George Read.

American Revolution

Stamp Act Congress

At the Stamp Act Congress of 1765, McKean and Caesar Rodney represented Delaware. McKean proposed the voting procedure that the Continental Congress later adopted: that each colony, regardless of size or population, have one vote. This decision set the precedent, the Congress of the Articles of Confederation adopted the practice, and the principle of state equality continued in the composition of the United States Senate.

McKean quickly became one of the most influential members of the Stamp Act Congress. He was on the committee that drew the memorial to Parliament, and with John Rutledge and Philip Livingston, revised its proceedings. On the last day of its session, when the business session ended, Timothy Ruggles, the president of the body, and a few other more cautious members, refused to sign the memorial of rights and grievances. McKean arose, and addressing the chair, insisted that the president give his reasons for his refusal. After refusing at first, Ruggles remarked, "it was against his conscience." McKean then disputed his use of the word "conscience" so loudly and so long that a challenge was given by Ruggles and accepted in the presence of the congress. However, Ruggles left the next morning at daybreak, so that the duel did not take place.[1]

Continental Congress

In spite of his primary residence in Philadelphia, McKean remained the effective leader for American Independence in Delaware. Along with George Read and Caesar Rodney, he was one of Delaware's delegates to the First Continental Congress in 1774 and the Second Continental Congress in 1775 and 1776.

Being an outspoken advocate of independence, McKean's was a key voice in persuading others to vote for a split with Great Britain. When Congress began debating a resolution of independence in June 1776, Caesar Rodney was absent. George Read was against independence, which meant that the Delaware delegation was split between McKean and Read, and therefore could not vote in favor of independence. McKean requested that the absent Rodney ride all night from Dover to break the tie. After the vote in favor of independence on July 2, McKean participated in the debate over the wording of the official Declaration of Independence, which was approved on July 4.

A few days after McKean cast his vote, he left Congress to serve as colonel in command of the Fourth Battalion of the Pennsylvania Associators, a militia unit created by Benjamin Franklin in 1747. They joined Washington's defense of New York City at Perth Amboy, New Jersey. Being away, he was not available when most of the signers placed their signatures on the Declaration of Independence on August 2, 1776. Since his signature did not appear on the printed copy that was authenticated on January 17, 1777, it is assumed that he signed after that date, possibly as late as 1781.[2]

Articles of Confederation

In a conservative reaction against the advocates of American independence, the 1776/77 Delaware General Assembly did not reelect either McKean or Caesar Rodney to the Continental Congress in October 1776. However, the British occupation following the Battle of Brandywine swung opinions enough that McKean was returned to Congress in October 1777, by the 1777/78 Delaware General Assembly. He then served continuously until February 1, 1783. McKean helped draft the Articles of Confederation and voted for their adoption on March 1, 1781.

When poor health caused Samuel Huntington, to resign as President of Congress in July 1781, McKean was elected as his successor. He served from July 10, 1781, until November 4, 1781. The President of Congress was a mostly ceremonial position with no real authority, but the office did require McKean to handle a good deal of correspondence and sign official documents.[3] During his time in office, Lord Cornwallis's British army surrendered at Yorktown, effectively ending the war.


President of the Continental Congress
Previous Service Dates Successor
Samuel Huntington July 10, 1781 - November 4, 1781 John Hanson


Government of Delaware

Meanwhile, McKean led the effort in the General Assembly of the Lower Counties to declare its separation from the British government, which it did on June 15, 1776. Then, in August, he was elected to the special convention to draft a new state constitution. Upon hearing of it, McKean made the long ride to Dover, Delaware from Philadelphia in a single day, went to a room in an Inn, and that night, virtually by himself, drafted the document. It was adopted September 20, 1776. The Delaware Constitution of 1776 thus became the first state constitution to be produced after the Declaration of Independence.

McKean was then elected to Delaware's first House of Assembly for both the 1776/77 and 1778/79 sessions, succeeding John McKinly as Speaker on February 12, 1777 when McKinly became President of Delaware. Shortly after President McKinly's capture and imprisonment, McKean served as the President of Delaware for a month from September 22, 1777 until October 20, 1777. That was the time needed for the rightful successor to John McKinly, the Speaker of the Legislative Council, George Read, to return from the Continental Congress in Philadelphia and assume the duties.

At this time, immediately after the Battle of Brandywine, the British Army occupied Wilmington and much of northern New Castle County. Its navy also controlled the lower Delaware River and Delaware Bay. As a result the state capital, New Castle, was unsafe as a meeting place, and the Sussex County seat, Lewes, was sufficiently disrupted by Loyalists that it was unable to hold a valid general election that autumn. As President, McKean was primarily occupied with recruitment of the militia and with keeping some semblance of civic order in the portions of the state still under his control.


President of Delaware
Previous Service Dates Successor
John McKinly September 22, 1777 - October 20, 1777 George Read


Delaware General Assembly
(sessions while President)
Year Assembly Senate Majority Speaker House Majority Speaker
1776/77 1st non-partisan George Read non-partisan vacant

Government of Pennsylvania

McKean started his long tenure as Chief Justice of Pennsylvania on July 28, 1777, and served in that capacity until 1799. There he largely set the rules of justice for revolutionary Pennsylvania. According to biographer John Coleman "only the historiographical difficulty of reviewing court records and other scattered documents prevents recognition that McKean, rather than John Marshall, did more than anyone else to establish an independent judiciary in the United States. As chief justice under a Pennsylvania constitution he considered flawed, he assumed it the right of the court to strike down legislative acts it deemed unconstitutional, preceding by ten years the U.S. Supreme Court's establishment of the doctrine of judicial review. He augmented the rights of defendants and sought penal reform, but on the other hand was slow to recognize expansion of the legal rights of women and the processes in the state's gradual elimination of slavery."

He was a member of the convention of Pennsylvania, which ratified the Constitution of the U.S. In the Pennsylvania State Constitutional Convention of 1789/90, he argued for a strong executive and was himself at that time a Federalist. Nevertheless, in 1796, dissatisfied with Federalist domestic policies and compromises with England, he became an outspoken Jeffersonian Republican or Democratic-Republican.

McKean was elected Governor of Pennsylvania, and served three terms from December 17, 1799 until December 20, 1808. In 1799 he defeated the Federalist Party nominee, James Ross, and again more easily in 1802. At first, McKean ousted Federalists from state government positions. Because of that, he has been called the father of the spoils system. However, in seeking a third term in 1805, McKean was at odds with factions of his own Democratic-Republican Party and the Pennsylvania General Assembly instead nominated Speaker Simon Snyder for Governor. McKean then forged an alliance with Federalists, called "the Quids," and defeated Snyder. Afterwards, he began removing Jeffersonians from state positions.

The governor's beliefs in strong executive and judicial powers were bitterly denounced by the influential Aurora newspaper publisher, William Duane, and the Philadelphia populist, Dr. Michael Leib. After they led public attacks calling for his impeachment, McKean filed a partially successful libel suit against Duane in 1805. The Pennsylvania House of Representatives impeached the governor in 1807, but his friends prevented a trial for the rest of his term and the matter was dropped. When the suit was settled after McKean left office, his son Joseph angrily criticized Duane's attorney for alleging, out of context, that McKean referred to the people of Pennsylvania as "Clodpoles" (clodhoppers).[4]

Some of McKean's other accomplishments included expanding free education for all and, at age eighty, leading a Philadelphia citizens group to organize a strong defense during the War of 1812. He spent his retirement in Philadelphia, writing, discussing political affairs and enjoying the considerable wealth he had earned through investments and real estate.

Death and legacy

McKean was a member of the Pennsylvania Society of the Cincinnati in 1785, and was subsequently its vice-president. Princeton gave him the degree of L.L.D. in 1781; Dartmouth presented the same honor in 1782, The University of Pennsylvania gave him the degree of A.M. in 1763, and L.L.D. in 1785. With Professor John Wilson he published "Commentaries on the Constitution of the United States" (London, 1790).

McKean died June 24, 1817 in Philadelphia, Pennsylvania and was buried in the First Presbyterian Church Cemetery there. In 1843, his body was moved to the Laurel Hill Cemetery, also in Philadelphia. Thomas McKean High School in New Castle County, Delaware is named in his honor, as is McKean Street in Philadelphia, McKean County, Pennsylvania, and the McKean Hall dormitory at the University of Delaware. Penn State University also has a residence hall and a campus road named for him.

McKean was over six feet tall, always wore a large cocked hat and carried a gold-headed cane. He was a man of quick temper and vigorous personality, "with a thin face, hawk's nose and hot eyes." He was known for a "lofty and often tactless manner that antagonized many people," as well as for being "cold, proud and vain." Some thought, "his popularity with his clients was difficult to understand. He seldom mixed with people except on public occasions. Many people found his company insufferable. Still others concluded that he attracted so much business because people simply had confidence in his integrity and impressive credentials." John Adams described him as "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." As Chief Justice and Governor of Pennsylvania he was frequently the center of controversy.[5][6]

Almanac

Delaware elections were held October 1st, and members of the General Assembly took office on October 20th, or the following weekday. State Assemblymen had a one year term. The General Assembly chose the Continental Congressmen for a one year term and the State President for a three year term.


Public Offices
Office State Type Location Took Office Left Office notes
Assemblyman Delaware Legislature New Castle October 20, 1763 October 20, 1764
Assemblyman Delaware Legislature New Castle October 20, 1764 October 21, 1765
Judge Delaware Judiciary New Castle 1765 1774 Court of Common Pleas
Delegate Delaware Legislature New York October 7, 1765 October 19, 1765 Stamp Act Congress [7]
Assemblyman Delaware Legislature New Castle October 21, 1765 October 20, 1766
Assemblyman Delaware Legislature New Castle October 20, 1766 October 20, 1767
Assemblyman Delaware Legislature New Castle October 20, 1767 October 20, 1768
Assemblyman Delaware Legislature New Castle October 20, 1768 October 20, 1769
Assemblyman Delaware Legislature New Castle October 20, 1769 October 20, 1770
Assemblyman Delaware Legislature New Castle October 20, 1770 October 21, 1771
Assemblyman Delaware Legislature New Castle October 21, 1771 October 20, 1772
Assemblyman Delaware Legislature New Castle October 20, 1772 October 20, 1773 Speaker
Assemblyman Delaware Legislature New Castle October 20, 1773 October 20, 1774
Delegate Delaware Legislature Philadelphia September 5, 1774 October 26, 1774 Continental Congress
Assemblyman Delaware Legislature New Castle October 20, 1774 October 20, 1775
Delegate Delaware Legislature Philadelphia May 10, 1775 October 21, 1775 Continental Congress
Assemblyman Delaware Legislature New Castle October 20, 1775 June 15, 1776
Delegate Delaware Legislature Philadelphia October 21, 1775 November 7, 1776 Continental Congress
Delegate Delaware Convention Dover August 27, 1776 September 21, 1776 State Constitution
State Representative Delaware Legislature New Castle October 28, 1776 September 22, 1777 Speaker [8]
Chief Justice Pennsylvania Judiciary Philadelphia July 28, 1777 December 17, 1799 State Supreme Court
State President Delaware Executive New Castle September 22, 1777 October 20, 1777 Acting [9]
Delegate Delaware Legislature York December 17, 1777 June 27, 1778 Continental Congress
Delegate Delaware Legislature Philadelphia July 2, 1778 January 18, 1779 Continental Congress
State Representative Delaware Legislature Dover October 20, 1778 October 20, 1779
Delegate Delaware Legislature Philadelphia January 18, 1779 December 22, 1779 Continental Congress
Delegate Delaware Legislature Philadelphia December 24, 1779 February 10, 1781 Continental Congress
Delegate Delaware Legislature Philadelphia February 10, 1781 March 1, 1781 Continental Congress
President Delaware Legislature Philadelphia March 1, 1781 November 4, 1781 Confederation Congress [10]
Delegate Delaware Legislature Philadelphia November 5, 1781 February 2, 1782 Confederation Congress
Delegate Delaware Legislature Philadelphia February 2, 1782 November 2, 1782 Confederation Congress
Delegate Delaware Legislature Philadelphia November 4, 1782 February 1, 1783 Confederation Congress
Delegate Pennsylvania Convention Philadelphia 1789 1790 State Constitution
Governor Pennsylvania Executive Philadelphia December 17, 1799 December 15, 1802
Governor Pennsylvania Executive Philadelphia December 15, 1802 December 18, 1805
Governor Pennsylvania Executive Philadelphia December 18, 1805 December 20, 1808


Delaware General Assembly service
Dates Assembly Chamber Majority Governor Committees District
1776/77 1st State House non-partisan John McKinly Speaker New Castle at-large
1778/79 3rd State House non-partisan Caesar Rodney New Castle at-large


Election results
Year Office State Subject Party Votes % Opponent Party Votes %
1799 Governor Pennsylvania Thomas McKean Republican 38,036 54% James Ross Federalist 32,641 46%
1802 Governor Pennsylvania Thomas McKean Republican 47,879 83% James Ross Federalist 9,499 17%
1805 Governor Pennsylvania Thomas McKean Independent 43,644 53% Simon Snyder Republican 38,438 47%

Notes

  1. ↑ Lives of the Signers to the Declaration of Independence [1]
  2. ↑ G. S. Rowe, "McKean, Thomas". American National Biography Online, February 2000.
  3. ↑ Rick K. Wilson, Congressional Dynamics: Structure, Coordination, and Choice in the First American Congress, 1774–1789 (Stanford University Press, 1994), 76–80.
  4. ↑ Pennsylvania Governors [2]
  5. ↑ Thomas McKean biography [3]
  6. ↑ Pine Run Farms - The McKean Estate [4]
  7. ↑ Members of the Delaware Assembly acted unofficially in selecting these delegates as the assembly was not in session.
  8. ↑ He was elected Speaker on February 12 1777 when John McKinly became State President
  9. ↑ As Speaker of the State Assembly he was third in line of succession and assumed the position upon the capture of John McKinly, and in the absence of George Read.
  10. ↑ He was elected President on July 10 1781 and served until November 4 1781

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