Thomas McKean (March 19, 1734 June 24, 1817) was an American lawyer and politician from New Castle, Delaware, and Philadelphia, Pennsylvania. He was a militia officer during the American Revolution, a signer of the Declaration of Independence, a Continental Congressman from Delaware, and the second President of the Continental Congress under the Articles of Confederation. 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.
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.
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.
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.
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.
|Delaware General Assembly |
(sessions while President)
|Year||Assembly||Senate Majority||Speaker||House Majority||Speaker|
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.
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.
|Office||State||Type||Location||Elected||Took Office||Left Office||notes|
|Assemblyman||Lower Counties||Legislature||New Castle||1763||October 20, 1763||October 20, 1764|
|Assemblyman||Lower Counties||Legislature||New Castle||1764||October 20, 1764||October 21, 1765|
|Judge||Lower Counties||Judiciary||New Castle||1765||1774||Court of Common Pleas|
|Delegate||Lower Counties||Legislature||New York||October 7, 1765||October 19, 1765||Stamp Act Congress|
|Assemblyman||Lower Counties||Legislature||New Castle||1765||October 21, 1765||October 20, 1766|
|Assemblyman||Lower Counties||Legislature||New Castle||1766||October 20, 1766||October 20, 1767|
|Assemblyman||Lower Counties||Legislature||New Castle||1767||October 20, 1767||October 20, 1768|
|Assemblyman||Lower Counties||Legislature||New Castle||1768||October 20, 1768||October 20, 1769|
|Assemblyman||Lower Counties||Legislature||New Castle||1769||October 20, 1769||October 20, 1770|
|Assemblyman||Lower Counties||Legislature||New Castle||1770||October 20, 1770||October 21, 1771|
|Assemblyman||Lower Counties||Legislature||New Castle||1771||October 21, 1771||October 20, 1772|
|Assemblyman||Lower Counties||Legislature||New Castle||1772||October 20, 1772||October 20, 1773||Speaker|
|Assemblyman||Lower Counties||Legislature||New Castle||1773||October 20, 1773||October 20, 1774|
|Delegate||Lower Counties||Legislature||Philadelphia||September 5, 1774||October 26, 1774||Continental Congress|
|Assemblyman||Lower Counties||Legislature||New Castle||1774||October 20, 1774||October 20, 1775|
|Delegate||Lower Counties||Legislature||Philadelphia||May 10, 1775||October 21, 1775||Continental Congress|
|Assemblyman||Lower Counties||Legislature||New Castle||1775||October 20, 1775||June 15, 1776|
|Delegate||Lower Counties||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||1776||October 28, 1776||September 22, 1777||Speaker|
|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|
|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||1778||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|
|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|
|Governor||Pennsylvania||Executive||Philadelphia||1799||December 17, 1799||December 15, 1802|
|Governor||Pennsylvania||Executive||Philadelphia||1802||December 15, 1802||December 18, 1805|
|Governor||Pennsylvania||Executive||Philadelphia||1805||December 18, 1805||December 20, 1808|
|Delaware General Assembly service|
|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|
|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%|