Yesterday, the Pennsylvania General Assembly’s afternoon session adjourned due to lack of a quorum. After the morning session and a brief recess, only forty-four members returned to the State House. The required quorum is forty-six, two-thirds of the Assembly’s sixty-eight members. Without a quorum, the Assembly cannot conduct business, including deciding whether to call a convention for Pennsylvania to consider ratification of the newly proposed national Constitution.
After the recess and call of the roll, the Speaker ordered the Sergeant at Arms “to collect the absent members.” Half an hour later, the Sergeant reported he had seen the absent members at Mr. Boyd’s boardinghouse, only to be told that “there was no House, and they had not made up their minds, and for that reason, would not attend.” According to the Sergeant, they “were pretty unanimous in their determination not to come.” Assemblyman Clark had quipped, “they must go electioneering now.”
Utterly perplexed, the Speaker put it to the members of the Assembly. What would they “choose to do?” Gerardus Wynkoop asked if there was a way to compel them to attend. Alexander Lowrey responded, noting that a law had been passed in 1777 to compel absent members to attend, but upon a quick investigation it was found to be wholly inadequate; the only penalty to which such men were liable “was a forfeiture of one-third of one-day’s pay.”
William Robinson did not believe “that punishment is in our power, nor can we compel their presence.” However, he continued, one of George Clymer’s several resolutions calling for a convention had passed during the morning session. That should be sufficient, he suggested. It is not necessary “to require a law to carry it into effect.” This business of the Constitution is so important that “there will be a propriety of meeting again, and under our respective signatures, recommend this measure to our constituents.” He was “sorry that our Journals are again to be stained by recording the conduct of an unmanly minority” and left it “to these men to suffer the stings of conscience, and that contempt and displeasure of their constituents, which they have drawn upon themselves.”
With that, the Assembly adjourned until 9:30 this morning, Saturday, September 29, the final day of the annual General Assembly session. In the meantime, partisans on both sides filled the streets and taverns, disputing as much about the process as the Constitution itself. Annual elections to the Assembly are scheduled for October 9. “Why not wait until after the election when the voices of the people will have been heard before taking any further action?” demanded the dissenters.
When the roll was called this morning, only forty-three members were present in addition to the Speaker. For the second time in two days, the Sergeant at Arms was ordered to “require the members absenting themselves to attend.” He was to be accompanied by the assistant clerk. Immediately, they set out again for Boyd’s boardinghouse. On the way, they saw William Findley, one of the absent Assembly members, walking toward Market Street. When Findley looked around, seeing the Sergeant, he “mended his pace, and turned the corner of Seventh down Market” until he was out of sight, supposedly “gotten into some house.”
The Sergeant then proceeded to the lodgings of Robert Whitehill, one of Findley’s confederates, where he saw a woman who said Whitehill was upstairs. But after going up, she returned, saying he was not at home. Assembly members Dale and Antes insisted they would not attend, Dale claiming he was going out of town while Antes asserted “the resolve of Congress was not come officially.” Others had similar reasons. However, earlier that morning, an express rider from New York had brought a copy, albeit an unofficial copy, of the resolution Congress had passed yesterday, unanimously agreeing to submit the Constitution to state conventions. Nevertheless, the absentees demanded an “official” copy.
The Proceedings of the Pennsylvania General Assembly record that “Mr. M’Calmont and Mr. Miley appeared in the Assembly chamber, and there being a quorum, the House resumed the consideration of the remainder of the motion postponed yesterday.” But the official Assembly Debates elaborate on the story, recording that “James M’Calmont informed the House that he had been forcibly brought into the Assembly room, contrary to his wishes, this morning, by a number of citizens whom he did not know, and, therefore, begged he might be dismissed from the House.”
M’Calmont was correct. He and Jacob Miley had, in fact, been seized and dragged forcibly to the State House. Apparently, William Jackson, secretary of the Convention, was one of those participating. M’Calmont demanded to leave. In turn, Alexander Lowry demanded to know from M’Calmont why force had been necessary and “what reason he had that should induce us to part with him again?” William Robinson condemned the conduct of those forcing M’Calmont’s attendance and argued that “he cannot be detained against his will,” but Hugh Brackenridge saw it differently. No matter how he got here, even if they brought him “in a sedan chair,” he insisted, “he is here now and forms part of the House.”
M’Calmont said if the rules were read, he would abide by the decision of the House regarding his “dismissal.” Accordingly, the rules were read, providing for a penalty of “two shillings and six pence” for not answering the roll call, or “five shillings if there were no quorum without him.” M’Calmont reached into his pocket, took out some loose change, threw it on the table, and growled, “Well, sir. Here is your five shillings, so let me go,” prompting “a loud laugh in the gallery.” Daniel Clymer thought if the House could not compel him to stay, perhaps they should simply lock the doors. M’Calmont rose and “made toward the door” as the gallery called out, “stop him!” He returned to his seat and the Assembly voted unanimously that he should not have a “leave of absence.” The House then voted, 45 – 2, to set the first Tuesday in November for Pennsylvania to elect delegates to a convention to consider ratification of the Constitution.