Supreme Executive Council of The Commonwealth of Pennsylvania - 1776 Constitution

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.

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, Luzerne, Huntingdon, and Allegheny as those counties were established. (Many of these counties occupied considerably different—and often much larger—territories in the late 18th 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