In 1787, the Pennsylvania Convention was debating the merits and demerits of the proposed new, federal constitution. The Federalists supported ratification and a strong, central government. The Antifederalists feared giving a national government more power and criticized the constitution’s lack of a guarantee of individual rights.
The Federalists commanded a majority in the Convention but did not possess a two-thirds majority, the number necessary for a quorum. Ratification required only a simple majority, but without a quorum the proposal could not be considered. The outnumbered Antifederalists stayed home to prevent passage. They knew that a small fine was the only penalty for failing to attend a session of the Convention. The annoyed Federalists promptly sent out a Sergeant-at-Arms to “inform” the absent representatives that their presence was requested. Here’s the Sergeant-at-Arms relaying his account of what followed:
I saw Colonel Piper [one of the missing representatives]…at a great distance. I went after them to the corner of Arch and Sixth streets. I saw Mr. Bar, and Mr. Findley, Colonel Piper, and some other member going toward Market Street. Mr. Findley looked round and saw me, as I supposed, for he mended his pace.
Mended indeed! Mr. Findley evaded the Sergeant, but James M’Calmont was not so fortunate. The Sergeant, accompanied by a mob, surrounded him and accompanied him to the Assembly. (A mob eight years earlier in Philadelphia had killed several politicians, so I doubt he resisted much.) With M’Calmont in attendance, quorum was met and debate set to begin. But first, James M’Calmont stood to protest his forced attendance.
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 the citizens, whom he did not know, and that therefore, he begged he might be dismissed the House.
The Federalists couldn’t actually admit to having incited a mob, of course, so they immediately disputed M’Calmont’s interpretation.
Alexander Lowrey: I hope, as the gentleman says he was forcibly brought, he will give some reason why force was necessary to make him do his duty; and what reason can he give now he is here, that should induce us to part with him again? Surely his being brought by force and against his wishes is not a reason that he should be suffered to go off again.
Ha! M’Calmont should’ve been here anyways. So, if you think about it, we were really helping him out. Kinda like a mob-ish alarm clock. We were just helping him do his duty.
The next speaker, Thomas FitzSimons, denied having anything to do with forcing M’Calmont to come.
Thomas FitzSimons would be glad to know if any member of the House was guilty of forcing the gentleman from the determination of absenting himself; if there was, he thought it necessary that the House mark such conduct with their disapprobation. But we are to consider, sir, that the member is now here, and that the business of the state cannot be accomplished if anyone is suffered to withdraw; from which consideration I conclude, it will be extremely improper for any member to leave this House until the laws and other unfinished business is completed.
You gotta love FitzSimons. Not only did we have nothing to do with forcing M’Calmont to come, we would condemn such conduct in the harshest terms! But, well, since he’s here and all…it wouldn’t be exactly right to let him leave us hanging, right?
M’Calmont was a sharp cookie, however, and asked that the clerk read the Assembly’s rules. Sure enough, those who did not answer the roll call just had to pay a five shilling fine.
James M’Calmont then rose from his place, and putting his hand in his pocket took out some loose silver and said, well, sir, here is your five shillings, so let me go.
I like to think M’Calmont made a dramatic gesture, casting the coins to the floor with flashing eyes, but we don’t know. It did have comic effect apparently in the peanut gallery.
This ludicrous circumstance occasioned a loud laugh in the gallery. And the Speaker told him that the person who had been appointed to receive the fines was not in his place; but, if he was, the member ought not to pay it, as he had not broke the rule, which declared those persons only finable, who did not appear and answer to their names; he had done both and therefore might retain his money.
Convenient. Oh, you know, I really wish I could take your money, but our money guy’s out getting a coffee or something. So sorry. But, hey, there’s some good news in all of this too. Wait for it…you don’t owe us the money after all! Surprise! You get to stay for free! Aren’t you the lucky one?!
Another Federalist legislator stood up to express his indignation at M’Calmont’s complaints.
Gerardus Wynkoop expressed some amaze at the argument of the gentleman. The member, Mr. M’Calmont, had sworn to do the duties he was delegated to; there had been nothing of force in that, and he should not, for his part, think himself at liberty to withdraw, until the business was completed, nor could he think any member ought. He would call on the gentleman to assign his reason for absconding from his duty, at the bar of the House, where he might be heard as to his complaint.
James M’Calmont replied, he was not to be called to the bar of this House, he had to answer for his conduct at another bar.
Slam! Take that you stuffy Federalists. God trumps Caesar, ha!
But the Federalists still needed M’Calmont to have a quorum. Let’s return to the old, “It wasn’t us,” argument again.
Daniel Clymer was of opinion the member was within the power of the House by being present. … He was for punishing every person who had ill treated the gentleman; however faulty his conduct was, it belonged not to individuals to punish; that was to be left to the judges, who, no doubt, will see the laws properly executed.
Not our problem. Now back to business.
But then that pesky M’Calmont made a run for it and tried to leave the room. A phalanx of Federalist supporters helpfully blocked the entrance and M’Calmont resigned himself to staying put. He did manage to throw another monkey wrench in the session by proposing that the Convention move to Lancaster, a proposal that earned the backing of the Federalist representative from Lancaster but which annoyed everyone else.
After the Convention ratified the federal constitution, M’Calmont and most of the other Antifederalist representatives issued a public protest. They complained about the lack of a bill of rights and the treatment of M’Calmont among other things. They feared that the federal government would repress individual rights. The abuse M’Calmont suffered at Federalist hands seemed to validate their fears. The Federalists own words were hardly reassuring:
The House showed a wonderful good temper on so provoking an occasion when a misdemeanor had been committed of a kind, which, tho it has hitherto escaped even the slightest punishment, is deserving of the highest; when the addressers had by their conduct violated the first condition of all political society, which obliges the few to give way to the many.
The meaning may seem unclear to modern readers, but here Fitzsimons, Clymer, and the other Federalists accuse M’Calmont and the Antifederalists of treason. How dare they go against the majority!
Clearly, Antifederalists’ fears of tyranny and despotism were rooted in actual experiences of the abuse of power by the state. Their complaints foreshadow Tocqueville’s famous phrase, the “tyranny of the majority.”
Stories like M’Calmont’s remind me that history was made by real people and is not just the high-minded documents that get placed under glass or the inspirational speeches that schoolchildren memorize. It also reminds me that the winners write the histories. Did you learn much about the Antifederalists in school? Despite what our textbooks imply by silence, there was no consensus on the new Constitution. It almost didn’t pass, although the ham-handed efforts just described certainly helped.
And yes. Any resemblance to present day politics is strictly coincidental but entirely welcome.
[Merrill Jensen, The Documentary History of the Ratification of the Constitution, Vol II: Pennsylvania, 104-108, 120]

