Thomas McKean - Government of Pennsylvania

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).

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.