Law Archives - Encyclopedia of Greater Philadelphia https://philadelphiaencyclopedia.org/subjects/law/ Connecting the Past with the Present, Building Community, Creating a Legacy Fri, 07 Nov 2025 18:11:35 +0000 en-US hourly 1 https://philadelphiaencyclopedia.org/wp-content/uploads/2013/10/cropped-cropped-egp-map-icon1-32x32.png Law Archives - Encyclopedia of Greater Philadelphia https://philadelphiaencyclopedia.org/subjects/law/ 32 32 Alien and Sedition Acts https://philadelphiaencyclopedia.org/essays/alien-and-sedition-acts/?utm_source=rss&utm_medium=rss&utm_campaign=alien-and-sedition-acts https://philadelphiaencyclopedia.org/essays/alien-and-sedition-acts/#comments Thu, 14 Jan 2016 17:47:49 +0000 https://philadelphiaencyclopedia.org/?p=18264 A culmination of political battles between Democratic-Republicans and Federalists while Philadelphia served as capital of the United States, the federal Alien and Sedition Acts imposed stringent new rules governing political speech and writings, immigration rights, and non-naturalized immigrants. They also had an immediate impact on the political life of Philadelphia as they inflamed passions in the region, resulted in charges against many newspaper publishers, and contributed to the outbreak of Fries Rebellion.

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A culmination of political battles between Democratic-Republicans and Federalists while Philadelphia served as capital of the United States, the federal Alien and Sedition Acts imposed stringent new rules governing political speech and writings, immigration rights, and non-naturalized immigrants. They also had an immediate impact on the political life of Philadelphia as they inflamed passions in the region, resulted in charges against many newspaper publishers, and contributed to the outbreak of Fries Rebellion.

A painted portrait of President John Adams
The Alien and Sedition Acts triggered a political backlash against Congress and President John Adams, depicted here in a 1793 portrait by John Trumbull. (National Portrait Gallery)

When President John Adams (1735-1826) assumed office in 1797, relations between France and the United States had deteriorated, leading to the Quasi-War of 1798-1800. Though the U.S. in 1793 had taken a position of neutrality in France’s war with Great Britain, the French seized American shipping and rejected Adams’s efforts to negotiate peace. In what became known as the XYZ Affair, the revolutionary French government demanded a large loan, bribe, and official apology from Adams before negotiations could begin. The American mission rejected these terms and news of the XYZ Affair created a political firestorm across the United States, especially in Philadelphia.

Photograph of the original seat of the U.S. Congress.
Built to be the County Courthouse for Philadelphia, the building in the foreground was occupied by the U.S. Congress while Philadelphia was the Capital of the United States between 1790 and 1800. (Library of Congress)

In response to concerns about invasion by the revolutionary French government, the Federalist-dominated Fifth U.S. Congress enacted legislation in 1798 to shore up national defense from both foreign and domestic threats, including an increase in military spending for the army and navy. In addition, the Federalists passed the Alien and Sedition Acts, four laws dealing with perceived domestic threats, including criticism by Democratic-Republicans that the Federalists thought undermined national security.

Naturalization Act

The first of the Alien and Sedition Acts was the Naturalization Act, which increased the residency requirement for American citizenship from five to fourteen years. The Federalists intended to stop newly arrived immigrants from voting because they were a major constituency for the Democratic-Republican Party. The second law was the Alien Act, which allowed the president to imprison or deport aliens considered dangerous to the United States at any time. The third was the Alien Enemies Act, which allowed the president to deport any male citizen of a hostile nation during times of war.

The last of these laws, the Sedition Act, was perhaps the most controversial. The Sedition Act outlawed actions or conspiracies against government policies and banned false or malicious publishing against federal officials, including members of Congress and the president. This represented one of the strongest attacks on the First Amendment in American history and created a major political backlash against President Adams and the Federalists in Congress. Notably absent from the protections of false or malicious publishing was the vice presidency, at the time occupied by Vice President Thomas Jefferson (1743-1826), the leader of the Democratic-Republican Party.

The Sedition Act, despite attacking the First Amendment rights of newspaper editors and contributors, substantially liberalized the law of seditious libel. Under English common law, the truth of a published allegation was no defense from accusations of sedition, indeed, it could be worse if it was true. Under the new Sedition Act, the truth could be used as a defense against the charge of sedition. Regardless of this liberalization, the Sedition Act was wildly unpopular to Americans.

Sedition Act

A political cartoon satirizing the Democrtatic-Republican societies of the time.
A political cartoon of the era satirizes the views of the Democratic-Republican societies. (Library Company of Philadelphia)

The Sedition Act was particularly important to the Federalists because it allowed them to clamp down on rival political newspapers. Throughout the 1790s, newspapers were by far the most important political battleground particularly in Philadelphia, the nation’s capital. The Democratic-Republican press, spearheaded by editors such as the grandson of Benjamin Franklin (1706-90), Benjamin Franklin Bache (1769-98) at the Philadelphia Aurora, had been gaining on their Federalist rivals. Indeed, by 1800, Democratic-Republican-leaning newspapers far outnumbered Federalist newspapers despite the Sedition Act. Bache was one of seventeen publishers jailed under the provisions of the act; he died of yellow fever in 1798 awaiting trial. Bache’s successor at the Aurora, William Duane (1760-1835), was tried but acquitted. Matthew Lyon (1749-1822), a Democratic-Republican member of the House of Representatives from Vermont was also jailed under the Sedition Act. He was later reelected from jail by his constituents.

The Alien and Sedition Acts helped incite Fries Rebellion in rural Pennsylvania counties northwest of Philadelphia. With passage of the 1798 war program, including new taxes and the Alien and Sedition Acts, German-Americans of the region protested. President Adams declared the area in rebellion and sent troops to arrest the insurgents.

Democratic-Republican leaders James Madison (1751-1836) and Thomas Jefferson opposed the Alien and Sedition Acts by authoring, respectively, the Virginia and Kentucky Resolutions passed by the Virginia and Kentucky legislatures in 1798. The Virginia Resolutions called upon other states to declare that the Alien and Sedition Acts violated the First Amendment while the Kentucky Resolutions went further and asked the states to declare “these acts void and of no force.” None of the other state legislatures agreed. Delaware, Pennsylvania, and New Jersey discussed but rejected the resolutions, which are widely seen as precursors to later nullification principles espoused during the antebellum period.

As home to the federal government and a large, partisan press corps, Philadelphia in the 1790s stood at the center of political and legal battles over the Alien and Sedition Acts. The Democratic-Republicans gained support in the city and state as Federalists used severe tactics against publishers Bache and Duane, and sent troops to arrest the protesters of Fries Rebellion. This Federalist overreach in southeastern Pennsylvania and Philadelphia in large part hastened the splintering and decline of the Federalist Party before the election of 1800.

Nathaniel Conley is a doctoral student at the University of Arkansas whose research focuses on the border between Maryland and Pennsylvania with emphasis on the lower class and the border between slavery and freedom. (Author information current at time of publication.)

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American Civil Liberties Union (ACLU) https://philadelphiaencyclopedia.org/essays/american-civil-liberties-union-aclu/?utm_source=rss&utm_medium=rss&utm_campaign=american-civil-liberties-union-aclu https://philadelphiaencyclopedia.org/essays/american-civil-liberties-union-aclu/#comments Thu, 09 May 2013 03:31:05 +0000 https://philadelphiaencyclopedia.org/?p=5792 The American Civil Liberties Union, a national legal organization dedicated to the defense and preservation of civil liberties in the United States, has been organized in the Philadelphia region since 1951, when chapters formed in Pennsylvania and New Jersey as part of a move toward establishing branches throughout the nation. Both chapters played a role in the civil liberties history of the region.

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The American Civil Liberties Union, a national legal organization dedicated to the defense and preservation of civil liberties in the United States, has been organized in the Philadelphia region since 1951, when chapters formed in Pennsylvania and New Jersey as part of a move toward establishing branches throughout the nation. Both chapters played a role in the civil liberties history of the region.

The national ACLU grew out of curtailments of civil liberties during and after World War I. The organization’s activity in the Philadelphia region began even before formation of the local chapter, most notably when it protested bans of the film Birth of a Nation (1915) that occurred in 1921 in Philadelphia, Newark, Jersey City, and Detroit. This, along with the ACLU’s support for the free speech rights of the Ku Klux Klan, drew criticism from the National Association for the Advancement of Colored People (NAACP) in its attempts to ban the film’s premiere and protect critics of the film.

The Greater Philadelphia chapter of the ACLU originated when the Citizens’ Council on Democratic Rights, a Philadelphia group devoted to the protection of individual civic freedoms, voted to affiliate with the national ACLU in late 1951. The Citizen’s Council on Democratic Rights had been involved with the controversial Loyalty Review Boards that were part of President Truman’s (1884-1972) probes into the loyalty of government employees, hosting lawyers from the national ACLU for open meetings on the subject as late as 1950. Having made the transition to ACLU affiliate status, the newly minted chapter focused on advocacy, public education, and litigation to preserve and enhance civil liberties.

Church and State Case

Under Spencer Coxe’s (1918-2011) tenure as the first full-time director, the organization’s litigator and board president Henry Sawyer (1918-1999) represented the family of Edward Schempp before the Supreme Court in Abington School District v. Schempp (1963). The Schempp family disputed whether the Abington School District could require their children to read and recite the Bible in a public school setting. The Supreme Court ruled in favor of the Schempp family and affirmed the separation of church and state in public schools, making the case the organization’s first significant victory. The decision resulted in changes in how education was carried out across the country, with reports of policy confusion among superintendents becoming common as they struggled with the implications of the decision.

As the ACLU presence in Pennsylvania grew, the Philadelphia office worked in conjunction with other offices in the state. The Philadelphia chapter, despite opposition from community groups, was vociferous in opposing mandatory minimum sentencing for repeat offenders and for individuals who committed violent crimes on public transportation. The Philadelphia chapter’s stances on issues such as these in the early 1980s were consistent with the broader goals of the ACLU, which advocated alternatives to incarceration.

The ACLU’s positions at times placed it at odds with city and state officials and governments. During the Newark riots of 1967, for example, the New Jersey chapter documented police abuses. In 1985 the Philadelphia ACLU, in conjunction with the wider state organization, sued the City of Philadelphia for the closure of its largest homeless shelter. In Committee for Dignity and Fairness for the Homeless et al v. Pernsley the City of Philadelphia entered into a settlement, agreeing to house the homeless in compliance with the Pennsylvania State Department of Welfare’s regulations regarding their care.

Abortion-Law Challenge

More recently, the New Jersey ACLU challenged the state’s abortion laws, overturning a ban on late-term abortion in 1998 and laws requiring the consent of parents for a minor’s abortion procedure in 2000. In 2012, the organization represented residents of Newark in their case against their city’s alleged nondisclosure of plans for $100 million donated by Facebook CEO Mark Zuckerberg (b. 1984) for use in the city’s public schools.

The Pennsylvania and New Jersey chapters have continued to represent citizens in cases with potential for lasting impact on civil liberties. These cases include disputes over freedom of speech, press, expression, and religion, as well as cases involving police misconduct, racial discrimination, reproductive freedom, children, immigrant and womens’ rights. The chapters operate with both staff and volunteer legal assistance and are 501c3 nonprofit organizations.

Will Caverly is a doctoral candidate in philosophy at Villanova University. (Author information current at time of publication.)

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Christiana Riot Trial https://philadelphiaencyclopedia.org/essays/christiana-riot-trial/?utm_source=rss&utm_medium=rss&utm_campaign=christiana-riot-trial https://philadelphiaencyclopedia.org/essays/christiana-riot-trial/#comments Mon, 10 Aug 2015 22:24:34 +0000 https://philadelphiaencyclopedia.org/?p=16417 During the 1850s, Northern abolitionism developed, Southern defense of slavery hardened, and debates over the expansion of slavery gripped the nation. When pro-slavery and anti-slavery factions met at Christiana, Pennsylvania, a mere 20 miles north of the Mason-Dixon Line, the events that followed and the subsequent trial in Philadelphia became flashpoints that deepened the sectional divisions between the North and South.

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During the 1850s, Northern abolitionism developed, Southern defense of slavery hardened, and debates over the expansion of slavery gripped the nation. When pro-slavery and anti-slavery factions met at Christiana, Pennsylvania, a mere 20 miles north of the Mason-Dixon Line, the events that followed and the subsequent trial in Philadelphia became flashpoints that deepened the sectional divisions between the North and South.

a black and white photograph of a two-story stone home with a chimney; the first story is white washed.
The Christiana Riot took place at the home of William Parker, a free Black man who helped organize a mutual protection society for the area’s African American population. When Edward Gorsuch and his posse arrived at Parker’s home, they were met by at least fifty men who intended to protect the escaped slaves. (Historical Society of Pennsylvania)

On September 11, 1851, slaveholder Edward Gorsuch (1795-1851) and his party of eight men rode into Christiana from Baltimore County, Maryland, with warrants for the arrests of four fugitive slaves. Upon reaching the home of William Parker (1822-?), a fugitive slave, Gorsuch and his party were met with armed resistance. A large group of armed Black men and women surrounded Gorsuch’s party and demanded that they leave Pennsylvania immediately. When Gorsuch refused to vacate Parker’s property, chaos ensued. Indeed, Gorsuch’s men fired guns as Black men and women attacked Gorsuch’s party with clubs, corn cutters, and other crude weapons. While accounts of that day conflict, numerous individuals on both sides of the battle were injured and Gorsuch died of wounds sustained during the fight.

In the immediate aftermath of the Christiana Riot, Parker and two other men, presumably fugitive slaves, escaped for Canada. U.S. officials hastily arrested anyone possibly connected with the riot, including a white miller from Christiana named Castner Hanway (1821-93). Hanway, who rode to Parker’s home on the day of the riot, was mistakenly identified as the mastermind of the riot. Along with forty-one other men, Hanway was charged with treason for “wickedly and traitorously” intending “to levy war” against the United States. Hanway’s trial began on November 24, 1851, at the old Pennsylvania State House in Philadelphia (Independence Hall) with Supreme Court Justice Robert C. Grier (1794-1870) and U.S. District Court Judge John K. Kane (1795-1858) presiding.

an 1850 lithograph of four African American men being ambushed by six armed caucasian men in a cornfield
The Fugitive Slave Act of 1850 forced law enforcement officers in free states to help recapture escaped slaves. Under this law, Edward Gorsuch rode into Christiana with warrants for the recapture of four slaves, which led to the Christiana Riot. (Library of Congress)

The defense of the Christiana Riot participants became a popular cause for the abolitionist movement. Fiery abolitionist and U.S. representative for Lancaster County Thaddeus Stevens (1792-1868) led Hanway’s defense team, and abolitionist Lucretia Mott (1793-1880) sat in the courtroom on the second floor of Independence Hall throughout the trial. The prosecution was directed by the U.S. attorney for the Eastern District of Pennsylvania, John W. Ashmead (1806-68), and a team of lawyers from the state of Maryland. After opening arguments, Ashmead called the prosecution’s key witness, U.S. Deputy Marshal Henry Kline (1820-85), to the stand. Kline had been among Gorsuch’s party on the day of the riot and testified that Hanway was responsible for inciting Parker and the resisters. Under cross-examination, Kline admitted that he had hidden in a cornfield during the riot, so his view was obstructed. Following Kline’s testimony, the defense called twenty-nine character witnesses, including Judge William D. Kelley (1814-90), who portrayed Kline as a liar and a known kidnapper. This testimony was devastating for the prosecution. Indeed, for many Pennsylvanians—even those who were not in sympathy with the abolitionist cause—there was little interest in prosecution, because the 1850 Fugitive Slave Law seemed to represent an incursion of federal power into state sovereignty. After fifteen minutes of deliberation by the jury, Hanway was found not guilty of treason. Subsequently, federal and state officials declined to press further charges against the riot participants.

The verdict served as a fuel for the abolition movement as it gained momentum in the 1850s. The events at Christiana also showed that African American men and women could organize themselves to actively resist any attempts to kidnap fugitive slaves or disturb their communities. Nevertheless, Southerners viewed the verdict as a product of Northern radicalism and a failure to equally apply the law. The sectional divisions made clear by the Christiana Riot trial deepened throughout the 1850s and ultimately led to the Civil War.

James Kopaczewski is a Ph.D. student in the Department of History at Temple University. (Author information current at time of publication.)

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Civil Rights (African American) https://philadelphiaencyclopedia.org/essays/civil-rights-african-american/?utm_source=rss&utm_medium=rss&utm_campaign=civil-rights-african-american https://philadelphiaencyclopedia.org/essays/civil-rights-african-american/#respond Fri, 30 Jun 2017 22:11:49 +0000 https://philadelphiaencyclopedia.org/?p=28004 Black Philadelphians have fought for civil rights since the nineteenth century and even before. Early demands focused on the abolition of slavery and desegregation of public accommodations. The movement gained greater power as the nineteenth century gave way to the twentieth and the World War I-era Great Migration brought tens of thousands of African Americans to the Philadelphia region. This exponential growth in the African American population gave Black Philadelphians the numbers and resources necessary to effect political change. Such efforts were never limited to the ballot box, access to which had been legally gained by constitutional amendment, but were instead linked to community needs for adequate housing, economic opportunity, and social and educational services. As African Americans gained greater rights, especially in the post-World War II period, Black Philadelphians shifted more to emphasizing the need to achieve results based on their legal equality. The struggle to maintain civil rights and translate those rights into concrete results extended beyond the classic period of the 1960s and continued to shape Philadelphia into the twenty-first century.

Sketch of Octavius Catto
After the Civil War, Octavius Catto served as secretary of the Pennsylvania Equal Rights League and vice president of the State Convention of Colored People in 1865. (Library of Congress)

Civil rights activists in the nineteenth century focused on the abolition of slavery, securing voting rights, and gaining equal access to public accommodations. Richard Allen (1760-1831), who was born into slavery and became a prominent minister, founded the Free African Society that pushed for the abolition of slavery. Octavius Catto (1839-71) helped raise troops to fight in the Civil War and afterward led the campaign for voting rights, until he was assassinated while trying to exercise the franchise in 1871. Catto also worked with William Still (1821-1902) to desegregate the city’s streetcars, which led the Pennsylvania state legislature to pass a law in 1867 requiring streetcar companies to carry passengers regardless of color. Such activism helped lead to the passage of the Civil Rights Act of 1875, which declared African Americans were entitled to equal treatment in public accommodations. Reverend Fields Cook (1817-97) tested the law and won a case against Philadelphia’s Bingham House Hotel when he was denied a room in 1876.

The civil rights movement gained greater momentum in the early twentieth century with the Great Migration. The Black population in Philadelphia surged from some 63,000 in 1900 to over 134,000 twenty years later. New arrivals lent their energy to the National Association for the Advancement of Colored People (NAACP), the National Urban League, and the city’s Black newspaper, the Philadelphia Tribune, (published by E. Washington Rhodes [1895-1970], established 1884). Through these organizations, they demanded greater access to jobs and adequate housing. Yet a brutal race riot over housing desegregation in 1918 that left two people dead and dozens injured demonstrated that Philadelphia was not the land of hope that many prayed they had found.

Expanding Residential Access

Throughout the 1920s and 1930s, African Americans deepened their commitment to securing civil rights. In the 1920s, they expanded their access to residential areas in North, South, and West Philadelphia. They also supported a flowering of Black culture with authors such as Jessie Redmon Fauset (1882-1961) from Fredricksville in Camden County, New Jersey, and venues such as the Dunbar Theater at Broad and Lombard in Philadelphia, giving Philadelphia a smaller version of the Harlem Renaissance. The Great Depression devastated African American efforts to secure more housing and create a vibrant community, and in the process, radicalized Black political activism. In the early 1930s, African American unemployment crested at 61 percent, and tens of thousands of people lost their homes. In response, Black Philadelphians joined the Democratic Party, the National Negro Congress, and the Communist Party. They engaged in “Don’t buy where you can’t work” campaigns to pressure employers to end discrimination. And they demanded that political leaders meet a number of pressing needs: public housing to make up for the lack of decent and affordable housing, access to government-funded jobs, and an Equal Rights Bill (passed by the state legislature in 1935) to once again guarantee access to public accommodations.

Bayard Rustin, born in West Chester, Pennsylvania, became one of its most famous natives as a prominent activist during the civil rights era of the 1960s. Rustin was a pivotal organizer of the March on Washington held on August 28, 1963. (Library of Congress)

Demands for civil rights in the area of jobs, housing, and political recognition continued into World War II. As the federal government poured billions of dollars into Philadelphia industries, African Americans flocked to the city. The Black population grew from some 250,000 in 1940 to 376,000 by the end of the war decade, and many of these residents supported the national Double V campaign that called for victory over fascism abroad and over Jim Crow at home. A presidential executive order, prompted by A. Philip Randolph’s (1889-1979) March on Washington Movement, prohibited discrimination in hiring at industries receiving defense contracts and was a reminder that the federal government could be an ally in pushing for civil rights. Nonetheless, many companies tried to maintain a segmented system that confined Black workers to specific jobs. Employment practices at the Philadelphia Transportation Company, for example, led to a campaign promoted by the NAACP and its leader Carolyn D. Moore (1916-1998) (who had started in the organization in Norristown, Pennsylvania) to secure driving jobs for African Americans. When the federal government ordered the desegregation of the workforce in August 1944, white workers staged one of the largest hate strikes of World War II, shutting down the city for nearly a week. African Americans also had to continue their struggle in the city’s neighborhoods, where redlining and other discriminatory loan policies restricted African Americans to the most dilapidated communities. Federal Housing Administration policies as well as violence perpetrated by some white Philadelphians kept new public housing segregated as well.

The experience of World War II transformed civil rights in Philadelphia as the concerted efforts of the NAACP and local interracial organizations energized the Black community. Although there were fears that interracial strife would grow after the war, a strong economy and the diligence of the civil rights community prevented the rise of racial violence. Economic concerns took particular precedence in this era, as African Americans who had been hired in defense-related industries feared they would lose their jobs. Civil rights activists such as the Reverend E. Luther Cunningham (1909-1964) seized the moment and in 1948 secured passage of a municipal Fair Employment Practices ordinance that the state later adopted in similar form. New Jersey already had such a law on the books (passed in 1945), and Delaware added its own version of the law in 1960. Black Philadelphians also helped elect Democrat Joseph Clark (1901-90) as mayor in 1951, which cemented the political reorientation of the city and led to the implementation of the Home Rule Charter that provided for a Commission on Human Relations, one of the first agencies in the nation dedicated to preventing discrimination.

Decades of Job Losses

Although the new Democratic administration paid greater attention to African American rights and increased civil service opportunities, deindustrialization and persistent housing segregation showed the need for continued civil rights agitation. Philadelphia lost some 250,000 industrial jobs between the 1950s and the 1980s, and as workplace opportunities evaporated many African Americans were disproportionately affected because they could not follow the jobs to the suburbs. Many white Philadelphians moved to suburban developments such as Levittown, Pennsylvania. Suburbanization freed up housing stock for some middle-class Black residents to move into city neighborhoods that had previously been off limits, but racist lending practices and white violence meant most suburban housing excluded Black settlement. In 1957, a race riot broke out when white homeowners protested the arrival of the Myers family in Levittown.

Photograph of Cecil B. Moore and Dr. Martin Luther King linking hands
Cecil B. Moore (center, to the left of Martin Luther King Jr.) was a prominent figure in Philadelphia’s civil rights movement at a time when the African American population of Philadelphia was steadily growing but racially discriminatory practices still prevailed. (Temple University Libraries, Special Collection Research Center)

White intransigence sharpened Black Philadelphians’ commitment to a civil rights movement that transformed Philadelphia in the 1960s. Martin Luther King, Jr. (1929-68) had been introduced to Satyagraha (Mahatma Gandhi’s movement based on passive political resistance) at Philadelphia’s Fellowship House, an interracial organization in the late 1940s. King studied at Crozer Theological Seminary in Chester, Pennsylvania, and lived in Camden, New Jersey, from 1949 to 1951. As a result, King was well acquainted with Philadelphia’s civil rights community. Local civil rights activists provided moral and material support to King, who visited the city several times in the 1960s. Inspired by the national movement, local civil rights leaders such as the Reverend Leon Sullivan (1922-2001) and NAACP branch president Cecil B. Moore employed new tactics. In 1960, Sullivan and other Black ministers launched a boycott of Tasty Baking Company, one of the city’s largest businesses, over its refusal to hire Black workers. The success of the boycott influenced Moore to initiate street protests against racial discrimination in the construction industry and in food markets that did not hire Black employees. This activism drew greater power with the passage of federal affirmative action legislation and found support from white allies in the Northern Student Movement, Fellowship House, and other area organizations.

While increasing protests contributed to a rising level of consciousness among Black Philadelphians, they were unable to stem the tide of frustration in the city’s poorest communities, especially in North Philadelphia. In the early 1960s, North Philadelphia had the city’s highest poverty and unemployment rates and tense relations with the police. On August 28, 1964, rioting broke out after an altercation between two Black motorists and two police officers. Hundreds were arrested and injured, and the uprising indicated the emergence of a new militancy among many Black Philadelphians. Some activists turned to more militant organizations such as the Nation of Islam, the Black Panthers, and the Black People’s Unity Movement in Camden. Although the Philadelphia area had a long history of interracial civil rights organizing, an increasing number of activists influenced by Black Power ideology criticized the role of whites in the movement.

The Black Power Movement

After numerous attempts in the 1950s to desegregate Girard College through the courts, African Americans began organizing demonstrations outside the school, as in this photograph from 1965. (National Archives)

By the late 1960s, the Black Power movement had significant influence in the civil rights community. Both traditional civil rights activists and younger Black militants coalesced around the issue of education. Thousands protested the exclusion of African Americans from an all-white private school, Girard College, located in North Philadelphia. The movement against educational racism involved parents (mainly African American women), educators, and students. In addition to enduring inferior schools, Black students criticized dress codes that excluded traditional African garb and demanded a curriculum that included Black history. In late 1967, Black students launched a major protest at Board of Education headquarters and were attacked by police. The clash exemplified persistent tensions between the Black community and the police.

While street protests continued in the late 1960s, an increasing number of civil rights activists sought public office. Buoyed by the passage of significant federal civil rights legislation such as the Civil Rights Act of 1964 and the Fair Housing Act of 1968, these activists believed that they could considerably influence the political process. C. Delores Tucker (1927-2005) became the first Black Pennsylvanian appointed to the office of secretary of state. David P. Richardson (1948-1995) was elected to the Pennsylvania House of Representatives in 1972. In 1984, W. Wilson Goode (b. 1938) became Philadelphia’s first Black mayor. Although this new generation of political leaders had its roots in activism, their different power bases reflected an increasing maturation of the movement. Tucker had been active in the mainstream civil rights struggle and the rapidly emerging feminist movement. Richardson began his activism as a community organizer, while Goode’s rise was propelled by his support among the city’s Black religious establishment. Goode’s success was in part fueled by the work of the city’s first Black deputy mayor, Charles W. Bowser (1930-2010), who had run unsuccessfully for mayor in the 1970s. In turn, Goode’s administration paved the way for future Black mayors John Street (b. 1943) and Michael Nutter (b. 1957). While Black officials took power at a more formal level, a growing number of community based organizations recognized the limits of their offices. The Kensington Welfare Rights Union, for example, articulated the demands of poor and working-class people of all races beyond what was provided in legislation.

Although the election of President Barack Obama (b. 1961) demonstrated the gains made by civil rights activists, Black Philadelphians recognized the many problems they still faced. In the 2000s, Philadelphia’s civil rights movement witnessed the emergence of organizations that addressed crime, joblessness, education, and immigration among other issues. In all, the changing demographics and economic environment of the Philadelphia region represented new challenges and extensions of old ones for the next generation of civil rights activists. Yet despite these challenges, the history of Philadelphia’s civil rights movement demonstrated the gains African Americans made.

James Wolfinger is Professor of History and Education at DePaul University. He is the author of Philadelphia Divided: Race and Politics in the City of Brotherly Love and Running the Rails: Capital and Labor in the Philadelphia Transit Industry. (Author information current at time of publication.)

Stanley Keith Arnold is associate professor of history at Northern Illinois University. He is the author of Building the Beloved Community: Philadelphia Interracial Civil Rights Organizations and Race Relations, 1930-1970. (Author information current at time of publication.)

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Civil Rights (LGBT) https://philadelphiaencyclopedia.org/essays/civil-rights-lgbt/?utm_source=rss&utm_medium=rss&utm_campaign=civil-rights-lgbt https://philadelphiaencyclopedia.org/essays/civil-rights-lgbt/#comments Fri, 01 Jul 2016 02:52:59 +0000 https://philadelphiaencyclopedia.org/?p=22422 Black and white photograph of three men picketing for gay rights in front of Independence Hall.
Pickets march in front of Independence Hall on July 4, 1965. (New York Public Library)

In the second half of the twentieth century, a growing number of lesbian, gay, bisexual, and transgender (LGBT) Americans claimed political rights as people whose same-sex desire or gender presentation challenged prevailing social mores. As movements for African American, Latino American, and women’s rights gained traction and visibility, so too did movements for LGBT civil rights. In this context, LGBT activists in Greater Philadelphia pressed for the extension of the rights and protections that would signal their inclusion in American society. By the time the Supreme Court legalized same-sex marriage in the landmark case of Obergefell v. Hodges in 2015, LGBT Philadelphians could point to victories at the local and state levels, achieved through a combination of theatrical protest and political advocacy. At the same time, however, Pennsylvania lagged behind New Jersey, Delaware, and other northeastern states in the civil rights afforded to LGBT residents.

Displays of homosexual affection and cross-dressing had been part of public life in cities like Philadelphia going back to the colonial period. However, it was not until the decades following World War II that such practices, and the sexual and gender identities associated with them, became explicitly politicized. During the 1950s and 1960s, the first gay and lesbian civil rights protests in Philadelphia reflected the growing political consciousness of homophile activists. These demonstrations also borrowed tactics from the much more widespread movement for Black civil rights unfolding at the same time.

Black and White photographs depicting Janus Society member distributing leaflets and police officers arriving at the Seventeenth Street Dewey's restaurant.
The first documented public protest for LGBT civil rights in Philadelphia began on April 25, 1965, when protesters staged a sit-in at a Dewey’s restaurant in Center City, demanding access to public accommodations for LGBT people. (John J. Wilcox Jr. LGBT Archives, William Way Community Center)

The first documented public protest for LGBT civil rights in the city began with a sit-in. On April 25, 1965, Dewey’s, a diner near Rittenhouse Square with a large clientele of gay youth, drag queens, and sex workers, began refusing to serve customers who appeared to be gay or lesbian, as well as those wearing clothing that did not match their gender. After more than 150 such customers had been denied service, three teenagers refused to leave and were arrested. Over the next five days, members of the Janus Society, a local gay and lesbian political group, protested outside of Dewey’s, and distributed their literature to passersby. On May 2, one week after the first sit-in, a group of teenagers staged a second protest. This time, no arrests were made, and the restaurant resumed serving LGBT customers.

Demonstrations at Independence Hall

Although the Dewey’s sit-ins showed that some gay and lesbian activists were willing to stand up for those who publicly dressed and acted in unconventional ways, most hewed to a politics of respectability. They described themselves as “homophiles” rather than “homosexuals” in order to distance themselves from sexual acts, a strategy that many saw as a necessary step toward inclusion in American society. The Annual Reminder demonstrations, held in front of Independence Hall every Fourth of July from 1965 to 1969, also reflected this concern. As they protested anti-sodomy laws, the firing of gay men and lesbians from federal employment, and their exclusion from military service, Annual Reminder marchers dressed professionally and in ways that conformed to gender expectations, with men in suits, jackets, and slacks, and women in dresses. The choice of time and place for the demonstrations underscored the marchers’ political claims. In contrast to the counterculture and anti-war movements, which criticized U.S. society as crassly commercial and militaristic, Annual Reminder marchers situated themselves squarely within American identity by marching on July Fourth in the place where the nation’s founding documents had been written and signed.

In the early 1970s, homophile activism gave way to gay liberation, although the more radical goals and tactics of gay liberation groups did not preclude their involvement in conventional politics. The Homophile Action League and the Gay Activists Alliance, which staked out more militant positions than their Annual Reminder predecessors, pressed local lawmakers to extend Philadelphia’s anti-discrimination protections to gay men and lesbians. In 1974 the City Council held hearings on a bill to add sexual orientation to the city’s Fair Practices Ordinance, to outlaw anti-gay discrimination in employment, housing, and public accommodations. However, with vocal opposition from both council members and religious leaders, including members of Philadelphia’s Black clergy, the bill failed to make it out of committee. Opponents of the measure contended that race and sexual orientation were fundamentally different, and questioned gay and lesbian activists’ attempts to claim protections as an aggrieved minority alongside African Americans, Jews, and other historically persecuted groups.

Local and State Victories

A black and white image showing people cheering and looking to the left of the viewer. The image was part of a newspaper story, and there is text over the image that reads
Men and women celebrate the passage of a bill that added sexual orientation to the city’s Fair Practices Ordinance, outlawing anti-gay discrimination in employment, housing, and public accommodations. (Photo courtesy of the Philadelphia Gay News.)

In 1978, activists with the Christian Association, a philanthropic group at the University of Pennsylvania organized the Philadelphia Lesbian and Gay Task Force (PLGTF) to advocate for sexual rights in the city. Under the leadership of Reverend James Littrell (b. 1943) and Rita Addessa (b. 1945), the group’s first two executive directors, PLGTF forged alliances with local African American political and religious leaders. When a second effort to amend the Fair Practices Ordinance went before city council in 1982, W. Wilson Goode (b. 1938), the city manager who later became Philadelphia’s first African American mayor, and members of the newly visible Black gay community testified in support. With broadened support for gay and lesbian civil rights, the bill passed. Harrisburg, the state capital, revised its own City Code to include protections against discrimination based on sexual orientation and gender identity in 1983. Lancaster similarly added sexual orientation as a protected class to its Codified Ordinances in 1991. York added an anti-discrimination measure covering sexual orientation to its City Code in 1993, and a measure covering gender identity in 1998.

In the 1990s, LGBT activists, along with allies in local government, pressed for domestic partnership laws in the city. City council member Angel Ortiz (b. 1941) and Mayor Edward G. Rendell (b. 1944) introduced different bills providing for domestic partnership recognition and benefits in 1993. The bills failed as opponents, including City Council President John F. Street (b. 1943), argued that domestic partnerships would undermine traditional family structures. In June 1996, Rendell signed an executive order granting benefits to the domestic partners of some five hundred city employees, representing only a fraction of the almost 26,000 working in local government. Street vocally opposed the measure, and joined with Catholic Archbishop Anthony Bevilacqua (1923-2012) and the Black Clergy of Philadelphia and Vicinity to reverse the order. Rendell refused, and a trio of domestic partnership bills passed the council in 1998, granting health and pensions benefits to the “life partners” of city employees.

In 2013, the City Council expanded life partnership provisions to include hospital visitation with the passage of the LGBT Equality Bill, which also added gender identity to the city’s non-discrimination ordinance and offered tax credits to companies that expanded their employee benefits to include coverage of transgender-specific health care and health benefits for same-sex domestic partners. In May 2014, a federal district court judge ruled that the state’s ban on same-sex marriage was unconstitutional. The following year, in June 2015, the United States Supreme Court invalidated similar state-level prohibitions clearing the way for same-sex marriage across the country.

The twenty-first century also brought a greater focus on the rights of transgender people. In 2009, Philadelphia activists formed Riders Against Gender Exclusion (RAGE) with the goal of eliminating gender identification stickers from Southeastern Pennsylvania Transportation Authority (SEPTA) TransPasses. RAGE members argued that the stickers opened a risk of embarrassment and harassment of people whose outward gender expression did not match the stickers on their cards. Over the course of a three-year campaign, the group collected stories of harassment from transgender and gender non-conforming SEPTA riders, staged a protest drag show inside a SEPTA station, and interrupted a public SEPTA hearing to present officials with a six-foot-long “RAGE Rider’s Bill of Rights” outlining their demands. On July 1, 2013, for the first time in thirty-two years, SEPTA riders were able to use TransPass cards without the gender identification stickers.

Hate Crime Legislation

Beginning in the late 1980s, Philadelphia LGBT activists and their allies also worked to add sexual orientation and gender identity to existing hate-crime laws. The Philadelphia Lesbian and Gay Task Force made anti-gay violence a political issue as early as 1986, and in 1990 state representative Babette Josephs (b. 1940) introduced an unsuccessful bill that would have extended the state’s hate-crime law to cover sexual orientation. The 1998 killing of University of Wyoming student Matthew Shepard (1976-98), which became a national news story, revived local interest in the issue. Weeks after Shepard’s death, the Philadelphia Lesbian and Gay Task Force organized a protest at the Liberty Bell to call for a state-level hate-crime law covering sexual orientation. In 2002, after the brutal beating in Middleburg, Pennsylvania, of a man who was perceived to be gay, the state legislature finally passed a bill that expanded Pennsylvania’s Ethnic Intimidation Act to include sexuality and gender identity. However, the state supreme court struck down the 2002 expansion of the law in 2008.

Following a highly publicized attack on two gay men in Center City in September 2014, the Philadelphia City Council passed its own hate-crime bill. Pennsylvania lawmakers also introduced, but never voted on, hate-crime legislation covering sexual orientation and gender identity at the state level. In contrast, New Jersey added sexual orientation to its hate crime statute in 1990, and did the same for gender identity in 2008. Wilmington, Delaware, added a provision for hate crimes based on sexual orientation to its City Code in 1992. The state of Delaware added sexual identity to its own hate crime statute in 1998, followed by gender identity in 2013.

Pennsylvania similarly lagged behind its neighbors in guaranteeing LGBT civil rights. Although Pennsylvania became the first state to ban sexual orientation discrimination in state employment, under a 1975 executive order by Governor Milton Shapp (1912-94), as of March 2016, Pennsylvania had no law barring discrimination against LGBT people in housing, employment, and public accommodations. In contrast, New Jersey’s Law Against Discrimination included provisions for sexual orientation beginning in 1991 and for gender identity and expression beginning in 2006. Delaware passed legislation barring discrimination based on sexual orientation in 2009, and a similar law against discrimination based on gender identity and expression in 2013. In Pennsylvania, state legislators in 2015 continued to press for the Pennsylvania Fairness Act, which would update a 1995 state law against discrimination to include sexual orientation, as well as gender identity and expression.

The struggle for LGBT civil rights in Philadelphia after World War II yielded important gains for people who had been vulnerable to discrimination and harassment on account of their sexual and gender identities. Activists also won recognition for same-sex couples, first in Philadelphia, then in Pennsylvania, and, finally, nationwide. In so doing, they challenged prevailing ideas of sexual citizenship, and laid claim to both symbolic and material forms of belonging in American society. At the same time, the periodic failures and reversals suffered by activists exposed the extent to which LGBT Philadelphians were impacted by local, state, and federal policies—and the work that remained to be done.

Dan Royles is Assistant Professor in the Department of History at Florida International University. His first book, To Make the Wounded Whole: African American Responses to HIV/AIDS, is under advance contract with the University of North Carolina Press. (Author information current at time of publication.)

(Editor’s note:  Additional future essays will cover civil rights for African Americans, women, and persons with disabilities.)

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Civil Rights (Persons With Disabilities) https://philadelphiaencyclopedia.org/essays/civil-rights-persons-with-disabilities/?utm_source=rss&utm_medium=rss&utm_campaign=civil-rights-persons-with-disabilities Mon, 06 Nov 2023 19:46:27 +0000 https://philadelphiaencyclopedia.org/?post_type=egp_essays&p=39545 black and white photograph of wheelchair-using protesters dressed in colonial costumes in the streets of philadelphia
In May 1989, eleven ADAPT activists staged a march from Independence Hall to the Liberty Bell in response to the influential case ADAPT vs. Burnley. (Tom Olin Collection)

Philadelphia-area people with disabilities and their allies joined the nationwide escalation of activism for civil rights during the second half of the twentieth century. Their protests and legal actions forced substandard institutions to close and liberate their residents. They also held local authorities accountable for implementing landmark federal legislation to improve accessibility, especially on public transportation, and to secure equal opportunity for work and education. Into the twenty-first century, individuals with disabilities and their allies remained vigilant to prevent the erosion of hard-won victories.

The disability rights movement of the twentieth century challenged decades of social and legal restrictions placed on persons with disabilities by states and localities. During the nineteenth century, these included barring people perceived as impaired from casting ballots; New Jersey and Delaware were among the states whose early constitutions banned any “idiot or insane person” from voting. Almshouses, asylums, hospitals, and other institutions confined many physically and mentally disabled people, effectively incarcerating them for life. Across the nation, cities enacted ordinances later known as “ugly laws” to outlaw people considered “deformed” from being seen in public. By the late nineteenth century, the pseudo-science of eugenics sought to prevent future generations of “defectives” through laws to ban marriages and require sterilizations, including statutes enacted in New Jersey and Delaware (but not Pennsylvania).

The disability rights movement emerged from a combination of factors in the decades following World War II. Wounded veterans from two world wars, together with survivors of recent epidemics of polio, expanded the population of people with disabilities who needed public and private support. Meanwhile, the emphasis on individual freedom and human rights voiced by the federal government during the war and subsequently by the United Nations provided a vocabulary for pursuing civil rights on many fronts. People with disabilities, their families, and allies embraced this framework and embarked on strategies similar to those deployed by African Americans, women, and other groups seeking their full rights as citizens. Activists in the preceding movements at times worked in tandem with the quest for disability rights.

Parents Advocate and Organize

Pearl S. Buck, pictured here c. 1932, won both the Pulitzer and Nobel Prize in Literature. While living in Bucks County in 1950, Buck published The Child Who Never Grew about her experiences with her daughter, who was born with a disability. This book promoted positive attitudes toward people with disabilities. (Library of Congress)

Parents of children with disabilities were among the earliest to organize to advocate for equal access to education and quality of care in residential treatment facilities. Local chapters of national organizations focusing on specific conditions, such as cerebral palsy, formed throughout the Greater Philadelphia region to raise awareness and funding. During the 1950s, a time of idealization of family life, parents called attention to disability as an experience that could affect any family. Author Pearl S. Buck (1892-1973), living in Bucks County, Pennsylvania, encouraged parents across the nation to share their stories when she published The Child Who Never Grew (1950) about seeking care for her daughter, Carol, at the Training School at Vineland, New Jersey. Buck later chaired the Governor’s Committee on Handicapped Children formed in Pennsylvania in 1958. Parental concern led another Pennsylvania governor, Richard L. Thornburgh (1932-2020), to become an early advocate for disability rights after one of his sons suffered a brain injury. Later, as U.S. attorney general, Thornburgh helped secure passage of the 1990 Americans with Disabilities Act.

Parent advocacy groups based in Philadelphia included the Pennsylvania Association for Retarded Children (PARC), organized in 1949. A member of PARC triggered a chain of events with national implications in 1968 by encouraging local television reporter Bill Baldini (b. 1943) to expose horrendous conditions at the Pennhurst State School and Hospital in Chester County, Pennsylvania. A subsequent class-action lawsuit, PARC vs. Pennsylvania, resulted in a consent decree ordering the state to provide access to free public education to “retarded” children. The case, argued by the Public Interest Law Center of Philadelphia, provoked similar lawsuits that culminated with the federal Education for All Handicapped Children Act, passed in 1975.

black and white photograph of the entire pennhurst campus
Pennhurst State School and Hospital, opened in 1908 and pictured here in the 1920s, was an institution for the disabled in Chester County, Pennsylvania. Within Pennhurst, rampant abuses and neglect of its patients prompted the case Halderman v. Pennhurst (1977), which led to closing the facility in 1986. (Pennhurst Memorial and Preservation Alliance)

Years of additional litigation on behalf of Pennhurst residents, including Halderman v. Pennhurst (filed 1974) and Youngberg v. Romeo (filed 1976), culminated with closing the institution in 1987. Other institutions across the nation shut down as the Public Interest Law Center trained attorneys in other states to apply their strategies. In 2002 the Law Center filed a class-action in Delaware that led to a settlement for greater access to community services for people with developmental disabilities housed in the Stockley Center in Sussex County. Individuals with developmental disabilities also organized to speak on their own behalf with the group Speaking For Ourselves, which originated in Montgomery County in 1982 and expanded with chapters elsewhere in the region.

Lawsuits Multiply

Legal actions continued to press for equal opportunity in education. For example, the 1993 case Oberti v. Board of Education of the Borough of Clementon (New Jersey), secured classroom support for a student with Down syndrome. In Pennsylvania, the class action Gaskin v. Commonwealth in 1994 called attention to needs for greater compliance with the federal Individuals with Disabilities Education Act (IDEA).

colored photograph of judith heumann
Judith Heumann was a Philadelphia-born disability rights activist paralyzed by polio who founded the disability advocacy group Disabled In Action. A lifelong advocate of public accommodations for those who are disabled, Heumann, pictured here in 2014, visited Japan as the U.S. State Department Special Advisor for International Disability Rights. (East Asia and Pacific Media Hub U.S. Department of State)

In pursuit of accessibility and independent living, adults with disabilities mobilized from the 1960s through the end of the century to insist that federal laws such as the Architectural Barriers Act of 1968 were fully implemented. In Philadelphia and South Jersey, activists pressed SEPTA (the Southeastern Pennsylvania Transportation Authority) and PATCO (the Port Authority Transit Corporation) to make trains, buses, and subways fully accessible. In Philadelphia, the long campaign of attending meetings, staging protests, and filing lawsuits was led by the Pennsylvania chapter of Disabled in Action, an advocacy group founded in New York in 1970 by Philadelphia-born Judith E. Heumann (1947-2023). A survivor of childhood polio and wheelchair user, raised in Brooklyn, Heumann waged a highly publicized and successful battle to gain a teaching license in New York City. She remained a prominent leader of the disability rights movement throughout her life, including an appointment as assistant secretary of the Office of Special Education and Rehabilitation Services at the U.S. Department of Education during the Clinton administration.

Philadelphia attorney Stephen F. Gold (b. 1942) represented individuals, Disabled in Action, and the organization known as ADAPT (American Disabled for Accessible Public Transit) in lawsuits over accessibility and equal opportunity. A New York-based group founded by veterans with spinal cord injuries, the Eastern Paralyzed Veterans Association, included Philadelphia and South Jersey in a series of 1988 lawsuits to secure greater elevator access to subway stations. The organization prevailed in seeking installation of an elevator in the transportation center then under construction in downtown Camden, where the PATCO Speedline ran underground. Similarly, the U.S. District Court found that SEPTA discriminated against persons with disabilities by failing to comply with federal laws and regulations when renovating subway facilities.

Following passage of the federal Americans with Disabilities Act of 1990, Disabled in Action and twelve individuals with disabilities filed a lawsuit in 1992 to require the City of Philadelphia to install curb ramps (curb cuts) as part of any street resurfacing project. The successful suit, argued by Gold, set a precedent for other cities across the country. Curb ramps remained a decades-long issue in Philadelphia, leading to another lawsuit by Disabled in Action and others in 2019. The resulting settlement agreement, approved in 2023, ordered the City of Philadelphia to install or repair at least ten thousand curb cuts over the next fifteen years.

The disability rights movement in Greater Philadelphia unfolded through the efforts of multiple organizations and individuals, often setting nationally significant precedents. Throughout the region, vigilance by local activists remained necessary into the twenty-first century to secure and expand the civil rights of persons with disabilities.

Charlene Mires is Professor of History at Rutgers-Camden and Editor-in-Chief of The Encyclopedia of Greater Philadelphia. (Author information current at time of publication.)

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Civil Rights (Women) https://philadelphiaencyclopedia.org/essays/civil-rights-women/?utm_source=rss&utm_medium=rss&utm_campaign=civil-rights-women Thu, 30 May 2024 20:14:40 +0000 https://philadelphiaencyclopedia.org/?post_type=egp_essays&p=39654 The struggle for women’s equality and civil rights started early in the Philadelphia region as women organized for education, property ownership, political power, economic opportunity, and freedom. In the colonial era, Quakers took the vanguard in women’s rights among European settlers by promoting women as ministers and overseers of discipline within the Society of Friends. Nevertheless, William Penn (1644-1718) and other founders of West New Jersey, Pennsylvania, and Delaware followed English common law and culture to block women from suffrage, participation in government, control of property and wages, and guardianship of children. Many affluent colonists on both sides of the Delaware River denied enslaved women and men an even broader spectrum of human rights. During the revolutionary and antebellum periods, however, female organizations demanded women’s rights and the abolition of slavery. Their efforts provided a foundation for the 1920 ratification of the Nineteenth Amendment for woman suffrage and the feminist movements of the late twentieth century. 

Photograph of Alison Turnbull holding a sign stating "Mr. President how long must women wait for liberty?" outside of the White House.
During the Silent Sentinels protest, an initiative of Mount Laurel, New Jersey, resident Alice Paul and the National Woman’s Party, suffrage activists picketed the White House silently while carrying signs with provocative writing. Pictured here in January 1917 is Alison Turnbull Hopkins of Morristown, New Jersey, carrying a sign with the text “Mr. President how long must women wait for liberty?” directed at Woodrow Wilson and his inaction on women’s suffrage. (Library of Congress)

Among Lenapes who dominated the region when European colonizers arrived in the 1600s, women and men held equal status while performing different social and economic roles. Women nurtured children and worked as agriculturalists, controlling arable land and the distribution of corn and other food they produced, while men hunted, fished, and provided military defense. Within their matrilineal communities, elder women supervised the succession from one sakima (or leader) to the next through the maternal line. Evidence is limited about how frequently Lenape women served as sakima because male European colonialists generally failed to note if they negotiated with women, but some documents indicated female participation in treaties. For example, the female sakima Ojroqua (c. 1640-1700) with other Lenape leaders attended a 1670 conference with representatives of James, Duke of York (1633-1701) and signed land conveyances in 1677 to the West Jersey proprietors and, in 1678, to Elizabeth Kinsey (c. 1660-1720) for Petty Island. 

European immigrants brought to North America a gender ideology built on contradictory concepts that women were inferior to men yet fully capable of fulfilling male responsibilities when necessary. Europeans viewed men as dominant and central, while women held subordinate, marginal characteristics and roles. The English common law and political culture employed this ideology to deny women equal economic, political, and legal rights. When a couple married, under the concept of unity of person (coverture), the wife legally became a feme covert, yielding to the husband her independent rights to buy and sell property, make a will, enter into contracts, control her earnings, claim the value of her contributions to joint business ventures, sue in court, and act as legal guardian of their children. An unmarried woman, whether single or widowed, could take these actions as feme sole, and a married woman could assume this authority if her husband became incapacitated or was absent for a long period of time. During the colonial period, Pennsylvania, New Jersey, and Delaware followed the English common law to reserve a widow’s right to dower, or one-third of the couple’s real estate, during her lifetime, regardless of whether the husband left a will. If he died intestate, she also received one-third of personal estate, but he could deny her that portion if he wrote a will.  

The System of Perpetual Enslavement

Ona Judge, born c. 1773 on Mount Vernon in Virginia, was enslaved in Pennsylvania while serving the family of George Washington during his presidency. In 1796 she had escaped enslavement to New Hampshire. The Washingtons published this advertisement to find her and bring her back to enslavement. (Wikimedia Commons)

Enslaved women and girls in the Delaware Valley, of whom most were Black people brought from Africa and the West Indies but also included some Native Americans from the Carolinas, endured forced labor as domestic servants, cooks, and agricultural workers. Under the system of perpetual bondage, enslaved people in Pennsylvania, New Jersey, and Delaware could not own property, obtain wages, or decide where they would live and work. They often suffered inadequate food, clothing, and shelter, and had no right to marry, exert parental authority, or receive justice in the courts. In particular, Black women were subjected to rape and other physical assault by their enslavers and neighboring whites, with no protections under the law. As mothers, they faced exploitation for both their labor and reproductive capabilities, as their children added to the enslavers’ income and estate and could be sold away at any time. Provincial laws impeded the path to freedom: Pennsylvania required enslavers to post a £30 bond before manumitting a Black woman, man, or child; Delaware mandated bonds of £30 to £60; and New Jersey demanded £200 bonds. The colonies subjected free Black women and men to some legal restrictions placed on enslaved people, and New Jersey prevented Black people from owning land. 

Despite Philadelphia’s central role as host to the Continental Congress and the famous advice of Abigail Adams (1744-1818) to her husband John Adams (1735-1826) to “remember the ladies” by ending coverture in drafting new laws, the American Revolution had little immediate impact on women’s economic and political rights. The states generally followed English common law in sustaining coverture and the widow’s lifetime share of one-third of real estate. American lawmakers ignored women’s contributions to the military and home front, defining political participation and suffrage as male prerogatives. New Jersey was a partial exception as its 1776 constitution allowed female property holders to vote until the legislature removed that power in 1807. 

Revolutionary rhetoric for liberty from British oppression intersected with vigorous Black resistance and Quaker opposition to enslavement, influencing Pennsylvania legislators to pass the 1780 act for gradual abolition. New Jersey waited until 1804 to enact a similar law, while Delaware adopted none. The Pennsylvania act freed children born after March 1, 1780, to enslaved mothers, requiring long terms as indentured servants. Nevertheless, thousands of Black women and men throughout the United States obtained release or escaped enslavement during and after the Revolution, many establishing homes in Philadelphia and its hinterland. Ona Judge (1773-1848), for example, fled her enslavers President George Washington (1732-99) and Martha Washington (1731-1802) in Philadelphia in 1796 when she learned that they intended to transfer her to their granddaughter in Virginia. Judge gained assistance from members of the city’s growing free Black community as she escaped by ship to New Hampshire to avoid recapture. 

Women Form Civic Associations

Portrait of Esther DeBerdt Reed
Esther de Berdt Reed, pictured here in a c. 1785 painting by Charles Willson Peale, is believed to have written “Sentiments of An American Woman,” a short broadside describing the patriotism of women during the revolutionary era and advocating for equality in the newly formed government. (Wikimedia Commons)

With the governmental shift during the American Revolution, women sought responsibilities as equal citizens in the new republic. Barred from standing for office or, in most jurisdictions, from voting, they formed civic associations to promote political and social goals such as assisting the Continental Army, benevolence, temperance, abolition of enslavement, and women’s rights. In 1780, Esther DeBerdt Reed (c. 1746-80), wife and political collaborator of Joseph Reed (1741-85), president of Pennsylvania’s Supreme Executive Council, published her essay “The Sentiments of an American Woman.” Believing women had full-fledged political roles as citizens, DeBerdt Reed called together the Ladies Association of Philadelphia to canvass for funds door-to-door for the Continental Army. When she urged women in other states to follow suit, schoolteacher Mary Dagworthy (1748-1814) of Trenton inspired women from thirteen counties to join the New Jersey Association and solicit funds. 

In December 1833, a group of energetic African American and white women established the Philadelphia Female Anti-Slavery Society (PFASS), asserting women’s right to work collectively for social, legal, and economic change. Like other supporters of William Lloyd Garrison (1805-79), they promoted immediate emancipation and an end to discrimination against free Black people. Among the group’s activists were Black leaders Margaretta Forten (1806-75), Harriet Forten Purvis (1810-75), and Sarah Mapps Douglass (1806-82); Quakers Lucretia Mott (1793-1880) and Sarah Pugh (1800-84); and Mary Grew (1813-96), of a Baptist family. PFASS members initially circulated antislavery petitions and recruited members by hosting speakers. Over time, when Congress rejected petitions and Garrisonian abolitionists shunned politics, PFASS members focused on their annual fair, where they sold needlework and farm produce of abolitionist women and men throughout southeastern Pennsylvania and southwestern New Jersey. By contributing a large portion of the Pennsylvania Anti-Slavery Society’s budget, PFASS gained leadership positions for Mott, Pugh, and Grew in the male-dominated state organization.  

In the late 1840s and 1850s, PFASS members also played a vital role in launching the women’s rights movement, as Lucretia Mott joined Elizabeth Cady Stanton (1815-1902) in assembling the Seneca Falls, New York, convention. Stanton wrote the 1848 Declaration of Sentiments, modeled on the Declaration of Independence (1776), protesting the denial of women’s suffrage; participation in government; ownership of property; equality in separation and divorce; access to well-paying employment, colleges, and education in the professions; and leadership in most religions. The signers insisted that women receive all rights as equal citizens, noting that anything less destroyed their self-confidence and self-respect. This first feminist movement organized through state and national conventions, attracting large audiences to hear speakers on relevant issues. Philadelphian Sarah Tyndale (1792-1859), a wealthy businesswoman and reformer, served as vice president at the first national convention in 1850 in Worcester, Massachusetts. Mott presided in 1852 at the first Pennsylvania convention in West Chester and, in 1854, with Sarah Pugh organized the fifth national convention at Sansom Street Hall in Philadelphia.  

Married Women’s Property Act of 1848

Photograph of Alice Paul sewing a star onto a flag.
Alice Paul, a native to Mount Laurel, New Jersey, became a prominent advocate for women’s right to vote in both the United Kingdom and the United States. Known for innovative forms of protest and dedication to the cause, Paul is pictured here in 1920, sewing the thirty-sixth star onto the Suffrage Ratification Banner, which represented states that had ratified the Nineteenth Amendment. (Library of Congress)

In response to women’s rights activists, increasing urbanization, and demographic and economic change, state legislatures gradually addressed inequities in married women’s property rights. In Pennsylvania, for example, lawmakers passed the Married Women’s Property Act of 1848, stipulating that wives owned personal property they brought into a marriage and received afterwards, such as rents on their real estate. They could also independently write wills. The law did not give a married woman freedom to sell her real estate without the husband’s permission but confirmed that he needed her consent before he attempted a sale. Women’s rights reformers considered the 1848 Pennsylvania law a positive step, but they protested in 1855 when the legislature rejected the right of wives to control their earnings. The lawmakers reversed this decision in 1872 but still required women to file in local court their intentions to keep their separate wages. Through the nineteenth and twentieth centuries, legislatures and courts wrestled over women’s economic rights versus the ideology of marital unity, gradually granting women more autonomy through piecemeal reforms. 

Gaining the right to vote required much energy and resilience before ratification of the Nineteenth Amendment to the United States Constitution. Lucretia Mott served as president of the American Equal Rights Association, which formed in 1866 but split three years later over the issue of whether Black men should receive the vote before all women. The American Woman Suffrage Association (AWSA) supported the Fifteenth Amendment extending the vote to Black men (ratified in 1870), while the National Woman Suffrage Association (NWSA) opposed its approval without the franchise for women. The New Jersey Woman Suffrage Association, established in Vineland in 1867, and the Pennsylvania Woman Suffrage Association, founded in Philadelphia in 1869, allied with AWSA. After Congress rejected an amendment for woman suffrage in 1887, the NWSA and AWSA united in 1890 to form the National American Woman Suffrage Association (NAWSA), which crusaded with other societies for women’s vote at the state and local levels. 

Referenda in 1915 for woman suffrage in Pennsylvania and New Jersey failed, while Delaware offered the vote only to women taxpayers in school elections. The suffragist Alice Paul (1885-1977), of Mount Laurel, New Jersey, who earned degrees at Swarthmore College and the University of Pennsylvania, then propelled the movement forward at the national level. With other members of the Congressional Union, Paul adopted strategies from English suffragists, including rallies, parades, and vigils. After Congress passed the woman suffrage amendment on June 4, 1919, Pennsylvania ratified it within the month, but the New Jersey legislature waited until February 1920. Delaware rejected the amendment in 1920 and did not ratify until three years later, even though the Nineteenth Amendment gained the number of states needed for approval by August 1920.  

Beyond the Nineteenth Amendment

Although many activists were satisfied with adoption of the Nineteenth Amendment, Alice Paul refused to stop fighting for women’s rights. In opposition to reformers such as Florence Kelley (1859-1932) of Philadelphia, who favored protective legislation for women workers, Paul and other members of the National Woman’s Party in 1923 drafted the Equal Rights Amendment (ERA) to incorporate into the U.S. Constitution an unequivocal statement of equal rights regardless of sex. They lobbied until 1972, when Congress adopted the amendment and sent it to the states for ratification. Although Delaware, New Jersey, Pennsylvania, and twenty-seven other states endorsed the ERA within a year, the measure failed ratification by the required three-fourths of states.  

Economic change in the greater Philadelphia region from the nineteenth century to the post-World War II era highlighted the need for the ERA and inspired increasing numbers of women to fight for equal rights. In the 1800s, working-class women and girls worked as domestic servants and helped to industrialize the region in textile, garment, and other manufacturing. Despite low wages, women’s earnings outside the home or from hosting boarders and manufacturing within the household provided essential support for their families. In the early twentieth century, female garment workers participated in strikes to obtain higher incomes and improve conditions. Black working-class women continued to face harsh discrimination in education and business so labored primarily in domestic service, despite growing opportunities for white women in clerical and sales positions. World War II created openings for women in heavy industry and armaments that disappeared when the war ended. As described by Betty Friedan (1921-2006) in her influential The Feminine Mystique (1963), American culture in the 1950s idealized middle-class households with male breadwinners and dependent wives and children. Nevertheless, increasing educational opportunities and role models of individual women who broke through severe barriers in the professions and business inspired young women to challenge inequality and stereotypes. 

In the 1960s and 1970s, women’s rights advocates acted on many fronts to secure the powers and self-confidence that nineteenth-century feminists had demanded at Seneca Falls. In 1961, at the urging of Esther Peterson (1906-97), then Assistant Secretary of Labor for Women’s Affairs, President John F. Kennedy (1917-63) established the President’s Commission on the Status of Women (PCSW). Eleanor Roosevelt (1884-1962) chaired the commission, which included among its members Richard A. Lester (1908-97), a Princeton University professor, as vice-chairman, and Caroline F. Ware (1899-1990), a historian who had taught at the Bryn Mawr Summer School for Women Workers.  The commission promoted the right of women in all states to own businesses and property, control their own earnings, and serve on juries; its recommendations resulted in an executive order mandating equal job opportunity for women in federal contracts and the Equal Pay Act of 1963. Through the commission’s “Consultation on Negro Women,” Black professional women advised the PCSW to consider the impact of racism on Black families and women. The consultation made recommendations, such as raising the minimum wage and promoting unions for domestic and other service workers, that the PCSW failed to prioritize. Subsequently, Title VII of the Civil Rights Act of 1964 provided a platform for gender equity, though the Equal Employment Opportunity Commission (EEOC) refused initially to hear sex discrimination cases.  

National Organization for Women

Philadelphia area women joined the National Organization for Women (NOW), which formed in 1966 to push the EEOC to fulfill its responsibilities under Title VII, then quickly added to its platform the ERA, reproductive rights, child care, and other goals. Ernesta Ballard (1920-2005), who served on the national NOW board, in 1968 organized local women to establish Philadelphia NOW. The Pennsylvania NOW started in 1971, assembling in 1973 in Philadelphia its first convention of state chapters. The Philadelphia chapter published the Philadelphia NOW Newsletter and worked toward a range of goals including ratification of the national ERA; adding an ERA to the Pennsylvania state constitution; ending sex discrimination in employment, politics, education, and public accommodations; repealing Pennsylvania’s restrictive abortion law; establishing government-funded child care; and improving women’s image in the media. 

In 1968, the group New York Radical Women rallied feminists from New York, New Jersey, and elsewhere to demonstrate at the Miss America pageant in Atlantic City, New Jersey. They threw what they called “instruments of female torture” such as girdles, bras, hair curlers, and Playboy magazines into a “freedom trash can,” gaining national publicity that helped to ignite the feminist movement in many cities. Philadelphia-area women in 1968 started consciousness-raising groups in which they gained motivation for collective action through discussions of how inequality and sexism affected their individual lives. 

Photograph of JoAnn Evansgardner addressing a crowd.
On August 26, 1970, the Philadelphia chapter of the National Organization for Women (NOW), the Women’s Liberation Center, and many others celebrated Women’s Equality Day in Rittenhouse Square in Philadelphia. JoAnn Evansgardner, a member of the national board of NOW, spoke to the crowd. (Special Collections Research Center, Temple University Libraries)

On August 26, 1970, Philadelphia NOW, the Women’s Liberation Center, and more than twenty other organizations celebrated Women’s Equality Day on the fiftieth anniversary of the woman suffrage amendment. In Rittenhouse Square, thousands of women and men heard speeches and talked to representatives of Philadelphia NOW, the Women’s International League for Peace and Freedom, Women United for Abortion Action, and other feminist groups. Media coverage energized the movement, leading to the growth of consciousness-raising groups throughout the region. The Women’s Liberation Center provided meeting space and networking opportunities in Philadelphia for radical feminist groups that women started in response to their subordination in male-dominated organizations. 

National Black Feminist Organization

While Black women helped to organize NOW, by 1973 feminists in New York City, including Florynce Kennedy (1916-2000) and Margaret Sloan-Hunter (1947-2004), became convinced that a new organization, the National Black Feminist Organization (NBFO), was needed to address the challenges facing working-class women of diverse ethnic backgrounds. The NBFO established chapters in cities across the U.S., including Philadelphia in 1975. Members of Philadelphia NOW and radical feminist groups collaborated to provide social services to women in the Philadelphia region, including literature and advice for finding jobs and health care, fighting sex discrimination, dealing with rape and sexual abuse, and transitioning through separation and divorce. Philadelphia feminists took the lead, building on the work of nineteenth-century reformers, in creating women-led agencies such as the Elizabeth Blackwell Health Center for Women, Women Organized Against Rape, Women’s Law Project, and Pennsylvania Program for Women and Girl Offenders. In 1976, these and other agencies created Women’s Way, the first coalition to raise funds for feminist social service organizations in the United States. 

By the early 2020s, a century after ratification of the Nineteenth Amendment for woman suffrage, the status of women remained mixed. While many women in the greater Philadelphia region had gained leadership in the arts, media, community service, healthcare, education, and business, and despite the important support of male allies, few women had reached high political office. No women had been elected to the U.S. Senate from New Jersey, Pennsylvania, or Delaware. In the U.S. House of Representatives, in 2023, Lisa Blunt Rochester (b. 1962) held the at-large seat for Delaware and four women represented districts in southeastern Pennsylvania, but none represented southern New Jersey. Pennsylvania has had no woman governor since the colonial period, while Delaware and New Jersey have each had one. The U.S. Supreme Court’s reversal of Roe v. Wade (1973) in June 2022 highlighted the necessity of political power for achieving and protecting women’s rights. Movements such as Black Lives Matter and #MeToo, and lack of a national ERA, demonstrated how much change remained necessary.

Jean R. Soderlund, Professor of History emeritus at Lehigh University, is the author of Quakers and Slavery: A Divided Spirit (1985) and Lenape Country: Delaware Valley Society before William Penn (2015), for which she won the 2016 Philip S. Klein Book Prize from the Pennsylvania Historical Association. Her latest book, Separate Paths: Lenapes and Colonists in West New Jersey, was published in 2022 by Rutgers University Press. (Information current at time of publication.)

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Consolidation Act of 1854 https://philadelphiaencyclopedia.org/essays/consolidation-act-of-1854/?utm_source=rss&utm_medium=rss&utm_campaign=consolidation-act-of-1854 https://philadelphiaencyclopedia.org/essays/consolidation-act-of-1854/#comments Tue, 23 Apr 2013 00:56:30 +0000 https://philadelphiaencyclopedia.org/?p=5658 The Consolidation Act of 1854 extended Philadelphia’s territory from the two-square-mile “city proper” founded by William Penn to nearly 130 square miles, making the municipal borders coterminous with Philadelphia County and turning the metropolis into the largest in extent in the nation, a position it held until Chicago leapt ahead in 1889.

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The Consolidation Act of 1854 extended Philadelphia’s territory from the two-square-mile “city proper” founded by William Penn to nearly 130 square miles, making the municipal borders coterminous with Philadelphia County and turning the metropolis into the largest in extent in the nation, a position it held until Chicago leapt ahead in 1889. Consolidation’s supporters believed the measure would enable municipal authorities to deal with the epidemics of riot and disease that ravaged the city in the 1830s and 1840s, while giving them the power and dignity to challenge for metropolitan supremacy. Although the bid to overtake New York as the first city failed, the 1854 act led to some impressive civic achievements. Since its passage, the city’s boundaries have barely changed, and despite charter revisions in 1887 and 1951, contemporary Philadelphia still bears the imprint of the mid nineteenth-century measure.

Map of the City of Philadelphia as consolidated in 1854. (HIstorical Society of Pennsylvania)
Map of the City of Philadelphia as consolidated in 1854. (Historical Society of Pennsylvania)

Until 1854, Philadelphia’s population concentrated within the original city boundaries set by William Penn (1644-1718), between the Delaware and Schuylkill rivers and from what is now South Street to Vine. By 1820, however, inhabitants in the independent boroughs, districts, and townships that made up the rest of the county already outnumbered those in the city proper. Some of these suburbs were places of significance in their own right, with Spring Garden, the Northern Liberties, and Kensington, all north of the city center, ranking as the ninth, eleventh, and twelfth biggest urban settlements in the nation in the 1850 census. These districts, in common with their neighbors, had won from the Commonwealth the right to establish their own local governments, with powers to tax, borrow, and spend, and thus remained independent of Philadelphia City’s control. While they varied in their social and political character, they tended to be poorer and more Democratic than the historic center, which they sometimes referred to as the “Whig Gibraltar.”

The first organized calls for uniting the built-up portions of the county under one municipal authority came in response to two major riots in 1844. The anti-Catholic violence, which broke out in the northern suburb of Kensington and the southern district of Southwark–both neighborhoods in which Irish immigrants and native-born Protestants lived in close proximity–exposed the inadequacy of the prevailing system of law enforcement. With no uniformed officers in the county, and every jurisdiction responsible for its own policing, there was little to prevent violence from escalating. It took state militia armed with cannon to suppress the Southwark disturbance. Soon after the riots, the Public Ledger called for annexing the built-up outlying districts, and in November, citizens gathered at the County Court House (Congress Hall) to make the case for enlarging the city boundaries.

Opposition to a New Charter

The move for a new charter over the winter of 1844-5, however, came to very little. A bill was drawn up for consideration by the Commonwealth–which then, as now, held the power to create, alter, and destroy local government–but influential owners of property and city debt like Horace Binney (1780-1875) organized to oppose the proposal. Critics feared that consolidation would hand the keys of the Whig city to suburban Democrats, and that real estate owners in the prosperous city proper would be taxed to pay the interest on loans taken out by indebted outlying districts, which needed to borrow to maintain their rapid growth. The opponents of consolidation lobbied for legislation that would maintain the districts’ independence yet still address the issue of civil disorder by requiring that all built-up portions of Philadelphia retain one policeman for every 150 taxable inhabitants.

This measure failed to prevent another major riot in 1849, which sparked renewed calls for annexation. While this time the proposal enjoyed more support from the city’s merchants, manufacturers, and professionals, it failed once again in the state capital. Instead of consolidation, Harrisburg legislators established a police force under an elected marshal to deal with disorder across the built-up sections of the metropolis. The Marshal’s Police proved relatively successful in maintaining the peace, and despite endemic fighting among rival companies of volunteer firemen and street gangs, there were no major riots from 1850 to the eventual passage of the Consolidation Act in 1854.

Calls for metropolitan union nevertheless grew louder, despite the relative calm of the early 1850s. By then, municipal reformers hoped to do more than inoculate the city against the violence of the preceding decades. Many saw the district system as unnecessarily costly, as dozens of jurisdictions duplicated services that could have been provided more efficiently by a single government. Others feared that the city proper might become “an appendage to her own colonies,” as growth in industrial districts like Spring Garden and Kensington outpaced the historic center. Some no longer saw those suburbs as a financial burden, but rather as a potential source of tax revenue, because heavy investment in the Pennsylvania Railroad after its chartering in 1846 had left the city proper far more heavily indebted than its neighbors. Real estate owners in central Philadelphia complained that suburban property holders benefited from the trade that resulted from the rail link to Pittsburgh but had contributed little in the way of public funds to the railroad’s construction.

Rivalry With New York

Perhaps most importantly, though, supporters of consolidation believed that only a united Philadelphia would have the power and status to overtake New York in the struggle for metropolitan supremacy, a race the city had languished in for at least three decades as the completion of the Erie Canal (1825) and Chestnut Street’s decline as a financial center after the attack on the Second Bank of the United States by Andrew Jackson (1767-1845) enabled Manhattan to pull ahead. As North and South clashed over the question of slavery extension, advocates of annexation for Philadelphia readily adopted the rallying cry “In Union There Is Strength” for their own cause.

In the early 1850s both of the dominant political parties, the Whigs and the Democrats, promised to back annexation, but in Harrisburg, proposals for charter revision went nowhere.  To break the impasse supporters of the measure–prodded by their erstwhile opponent Binney–decided in 1853 to nominate their own slate of candidates for the Pennsylvania Assembly and Senate. In alliance with advocates of a professional fire department, they put forward a mixture of independents and regular Whig and Democratic party nominees. At the head of the ticket was Eli Kirk Price (1797-1884), a progressive real estate attorney, while the wealthy locomotive builder Matthias W. Baldwin (1795-1866) was among the candidates for the lower house. Most of the consolidation slate triumphed, and before Price went off to take his seat in the Senate, an Executive Consolidation Committee met in Philadelphia to draft a bill.

Morton McMichael (Historical Society of Pennsylvania)
Morton McMichael, newspaper publisher and later mayor, chaired the Executive Consolidation Committee. (Historical Society of Pennsylvania)

The Executive Consolidation Committee that convened in the Board of Trade rooms at the Merchants’ Exchange over the winter of 1853-54 represented a cross-section of Philadelphia’s economic elite. Many owned substantial real estate beyond the historic corporate boundaries, and by proposing to annex the entire county rather than just the much smaller built-up environs of the city proper, they went much further than their predecessors. Despite murmurs of protest from rural districts, the charter passed both houses and was signed into law in February. The new metropolis, encompassing industrial suburbs, romantic rural retreats, and vast stretches of farmland, came into being four months later.

Architects of the 1854 charter saw it as a victory over the self-interested politicians of the district system and the triumph of a rational, modern government over an antiquated predecessor. Executive power was invested in a mayor elected at-large for a two-year term, and voters chose the nativist playwright Robert T. Conrad (1810-1858) as the first to hold the office. In place of the old boundaries on the county map, meanwhile, twenty-four wards sent representatives to the Common and Select Councils. Ward representation preserved an element of localism in the councils–something party politicians quickly learned to exploit–but the financial muscle and territorial reach of the enlarged city enabled urban planning on a far greater scale than previously had been possible.

Preserving Open Spaces

The Consolidation Act resulted in other important changes for newly expanded Philadelphia. Among them, the legislation gave municipal authorities the duty to preserve open spaces, and before and after the Civil War steps were taken towards creating Fairmount Park, which lay entirely beyond the boundaries of the old city proper. Standardized street names and numbers (1857), a professionalized the fire department (1871), and a new city hall at Broad and Market Streets (1871-1901) demonstrated civic authorities’ readiness to raise the city’s metropolitan status, as did the suburban expansion fueled by horse-drawn streetcar lines and other infrastructure improvements that opened up cheap land in the consolidated city for builders. When Philadelphians in the second half of the nineteenth century contrasted their city of row homes with the tenements of New York, they credited the city’s expansion with eliminating the need for “vertical slums.”

Perhaps most importantly, though, consolidation gave the municipal government the power to maintain the peace. While violence did occasionally break out–in 1871, for instance, the African American civil rights campaigner Octavius Catto (1839-1871) was shot dead on a turbulent election day–the mayor, with his control of a large, uniformed police force, always had the resources at his disposal to prevent the kind of conflagrations that threatened to engulf the city in 1844. Under Republican stewardship, Philadelphia avoided the draft riots that occurred in New York in 1863 and the worst of the conflict between railroads and workers in the Great Strike of 1877. Citizens credited the Consolidation Act for the relative peace in a city once notorious for disorder.

Some of these developments, however, owed more to legislation in Harrisburg than they did to actions by the city government, and by the late 1860s, the habit of state officials overriding the municipal authorities in matters pertaining to the metropolis caused frequent complaints. So too did the tendency of councilmen to claim executive power for themselves, thus weakening the powers of the mayor’s office, which consolidators had sought to strengthen. As party bosses–usually Democratic in the immigrant enclaves of South Philadelphia, but Republican in the growing suburbs–established ward strongholds, centralized city- and state-wide Republican machines distributed jobs and contracts to supporters. After the Civil War a generation of affluent reformers began to see the 1854 act more as a giant source of patronage than a measure designed to bring peace, prosperity, and economic government. They hoped another new charter, eventually passed in 1887, would improve matters, but under Republican leadership, Philadelphians remained, in Lincoln Steffens‘ memorable phrase, “the most corrupt and the most contented.” This was consolidation’s unanticipated legacy, but the act’s limitations should not mask its real achievements in laying the foundations of modern Philadelphia.

This map depicts the districts, boroughs, and townships consolidated into the City of Philadelphia in 1854. (City of Philadelphia)
This map depicts the districts, boroughs, and townships consolidated into the City of Philadelphia in 1854. (City of Philadelphia)

Andrew Heath is a Lecturer in American History at the University of Sheffield, U.K. He is currently writing a book on the Consolidation of 1854. (Author information current at time of publication.)

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Constitutional Convention of 1787 https://philadelphiaencyclopedia.org/essays/constitutional-convention/?utm_source=rss&utm_medium=rss&utm_campaign=constitutional-convention https://philadelphiaencyclopedia.org/essays/constitutional-convention/#comments Thu, 14 May 2015 00:15:42 +0000 https://philadelphiaencyclopedia.org/?p=15339 The Constitutional Convention met in Philadelphia from May 25 to September 17, 1787, at Independence Hall (then known as the Pennsylvania State House). The convention drafted the United States Constitution, the world’s oldest written national constitution still in use. The document, which divides power between the federal government and the states, launched a new phase of the American “experiment” in republican government (representative democracy). After being ratified by the American people, the Constitution began operation in 1789.

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The Constitutional Convention met in Philadelphia from May 25 to September 17, 1787, at Independence Hall (then known as the Pennsylvania State House). The convention drafted the United States Constitution, the world’s oldest written national constitution still in use. The document, which divides power between the federal government and the states, launched a new phase of the American “experiment” in republican government (representative democracy). After being ratified by the American people, the Constitution began operation in 1789 in New York City (the federal capital until 1790) with the convening of the First Congress and the inauguration of George Washington (1732-99) as the first president. The writing of the Constitution in Independence Hall, along with the adoption of the Declaration of Independence there eleven years earlier, has led to global recognition of the building’s historical significance.

Howard Chandler Christy’s painting of the signing of the United States Constitution
Howard Chandler Christy’s painting of the signing of the United States Constitution was commissioned in 1939 as part of the congressional observance of the Constitution’s sesquicentennial. (Architect of the Capitol)

By the mid-1780s, several problems had arisen under the Articles of Confederation, which went into effect in 1781. In particular, Congress needed the authority to tax and to regulate commerce. It also needed the means to solve foreign policy problems, such as opening the Mississippi River to American navigation and expelling British troops from several forts in the Northwest Territory. The Confederation Congress called the Constitutional Convention on February 21, 1787, legitimizing a call issued by an earlier convention that met in Annapolis, Maryland, in September 1786 to discuss giving Congress control of commerce. Congress tasked the 1787 convention with revising the Articles to render the federal government “adequate to the exigencies of the union.” All agreed that the convention must strengthen the federal government at the expense of the states. The new constitution needed separate, coequal executive, legislative, and judicial branches restrained by checks and balances so that it could avoid repeating what many regarded as the injustices of the state governments, where, according to conservatives, popular majorities acting through unchecked legislatures often trampled the rights of religious or propertied minorities.

Fifty-five delegates, representing all of the states except Rhode Island, attended the convention in Philadelphia, a geographically central location. The biggest city in the United States, this metropolis of about 40,000 people featured boardinghouses, such as the Indian Queen Tavern and the City Tavern, where the delegates could reside, caucus, and dine. In addition to shops, theaters, and other cosmopolitan amenities, Philadelphia offered a religiously and ethnically diverse and tolerant atmosphere, where men of varying cultures felt comfortable. Many of the delegates found Philadelphia, the former national capital, a familiar place. Southerners, however, considered the antislavery views of the Quakers and like-minded residents troubling. With the windows of Independence Hall’s Assembly Room sealed shut to prevent eavesdropping, the delegates spent the humid summer months deliberating in sweltering conditions.

George Washington, Convention President

An engraving of an allegorical scene of Roman figures in front of a temple with thirteen columns.
This engraving appeared in The Columbian magazine to herald the new Constitution. It shows the Roman figures Cupid, Concordia, and Clio holding the Constitution in front of a temple with thirteen columns. (Library of Congress)

The convention, scheduled to open on May 14, did not achieve a quorum until May 25. On the first day, Robert Morris (1734-1806) of Pennsylvania nominated George Washington to be the convention president, to which the delegates unanimously assented. After agreeing to meet from 10 a.m. to 3 p.m. six days a week and settling on rules (including keeping the proceedings secret, allowing one vote per state, and requiring at least two delegates to make an official delegation), the convention took up a proposal for the structure of the government. The Virginia Plan, drafted by the Virginians and supported by the Pennsylvanians in the preconvention days, proposed a bicameral legislature with representation in both houses based on either each state’s free population or federal taxes paid, along with executive and judicial branches. John Rutledge (1739-1800) pledged South Carolina’s backing of the Virginia Plan, even though he considered it favorable to the wealthiest and most populous states. In return, James Wilson (1742-98) promised Pennsylvania’s support for counting three-fifths of slaves towards representation in Congress.

The small states, led by William Paterson (1745-1806) of New Jersey, countered with the New Jersey Plan in opposition to the sweeping changes proposed by the Virginia Plan, especially the elimination of the Confederation’s one-vote-per-state system. The New Jersey Plan would essentially add executive and judicial branches to the existing Confederation and grant Congress power over taxation and commerce. At stake were not just the interests of large versus small states, but whether the new framework would be a national government of people, or whether it would continue a confederation of states. Upon reaching an impasse and nearly dissolving, the convention turned the divisive matter over to a grand committee composed of a member from each state. The committee, which included Benjamin Franklin (1706-90) of Pennsylvania, devised the Great Compromise (or the Connecticut Compromise) in which each state’s representation in the House of Representatives would be based on population (including three-fifths the number of slaves), and each state would receive two seats in the Senate. Appropriations bills could only originate in the House. This breakthrough created what James Madison (1751-1836) of Virginia called a partly national, partly federal “compound republic.”

At the end of July the convention recessed for ten days while a five-man Committee of Detail incorporated the agreed-upon resolutions into a draft Constitution. The committee, dominated by Rutledge and Wilson, replaced a blanket grant of power to Congress with a list of enumerated powers. At the same time, however, the draft included blank checks that undermined the concept of enumerated powers, such as the “necessary and proper,” “general welfare,” and “supremacy” clauses. In addition to the three-fifths compromise already agreed upon by the convention, the committee inserted a number of provisions favorable to the South, including a ban on export taxes, and requiring a supermajority of two-thirds of Congress rather than a bare majority to pass commercial legislation. Nor could Congress prohibit the African slave trade.

Struggle Over Slavery Issue

Color photo of the Assembly Room at Independence Hall.
Independence Hall’s Assembly Room is where the Constitutional Convention met in the summer of 1787. Although changes were made in the room over time, it has been restored to appear as it did in the eighteenth century. (National Park Service)

In August, the entire convention struggled with the slavery issue. Several northerners, led by Gouverneur Morris (1752-1816) of Pennsylvania, eloquently attacked the South’s peculiar institution as a moral abomination. The debate led to compromises in which the North traded a fugitive slave provision in return for the South’s abandonment of the supermajority requirement for commercial legislation. The convention prohibited Congress from banning the international slave trade for twenty years, but allowed a ten dollar tax on slave imports. The delegates also decided to use the word “persons” instead of “slaves.” By threatening disunion if slavery were not adequately protected, the South, especially Georgia and South Carolina, got the better of these compromises. The three-fifths compromise in particular secured enough additional seats in Congress to enable the “Slave Power” eventually to enact proslavery legislation such as the 1854 Kansas-Nebraska Act, which overturned the ban on slavery imposed in those territories by the Missouri Compromise of 1820. Thanks to the Electoral College, moreover, the three-fifths compromise also made it easier to elect southern presidents, who in turn often nominated pro-slavery Supreme Court justices.

The draft constitution called for a president to be elected by Congress for one seven-year term. After considering myriad alternative arrangements, the delegates, at the beginning of September, turned the disposition of the presidency over to the “Committee on Postponed Parts.” Chaired by David Brearly (1745-90) of New Jersey, this committee redesigned the office, giving the executive a four-year term to be elected without a term limit by an electoral college. In accepting this change, the convention created a truly independent executive, coequal with the federal government’s other branches. The convention’s expectation that Washington, the likely first president, would not abuse his power convinced the delegates to take this bold step.

With all of the Constitution’s major provisions decided upon, the convention on September 10 appointed a Committee of Style to prepare the final draft. Gouverneur Morris, an eloquent writer, finalized the preamble and organized the document into its various articles and sections. Not knowing which states would ratify, Morris changed the preamble’s opening from a list of the thirteen states to, “We the People of the United States.”

Rising Sun Chair, where George Washington sat during the Constitutional Convention.
This is the Rising Sun Chair—still present in Independence Hall—that George Washington sat in during the Constitutional Convention. Given the stormy nature of the deliberations, Benjamin Franklin pondered whether the carved sun was setting or rising. But as the new Constitution went to the states for ratification, Franklin concluded that it was on the rise, much like the nation. (National Park Service)

On September 17, the convention met one last time to sign the embellished manuscript of the Constitution.  Benjamin Franklin called on the forty-two delegates still present to add their signatures to the document. George Mason (1725-92) of Virginia, Edmund Randolph (1753-1813) of Virginia, and Elbridge Gerry (1744-1814) of Massachusetts remained unwavering in their opposition. As the delegates one by one affixed their names, Franklin pointed to the half sun carved into the backrest of Washington’s chair. The Pennsylvanian remarked that after wondering all summer whether it was a rising or setting sun, he now knew that it was in fact a rising sun.

The States Decide

The convention forwarded the Constitution to Congress with resolutions specifying that the ratification decision be made by conventions “chosen in each state by the people.” Congress voted unanimously, not to endorse but merely to transmit the document to the states for ratification. Article VII provided that the Constitution would take effect when ratified by nine states. Delaware, Pennsylvania, and New Jersey became the first three states to ratify the Constitution, all by lopsided margins. The Delaware ratification convention, meeting in Dover, happy with the Great Compromise and not wishing to see such a little state become a separate nation, ratified on December 7 by a vote of 30-0. The Pennsylvania convention, held in Independence Hall, approved the Constitution on December 12 by a vote of 46-23, rejecting the Antifederalists’ request to postpone ratification until they had time to propose amendments. The bitter response of Pennsylvania’s unreconciled Antifederalists to the Federalists’ heavy-handed approach caused remaining states to conduct a more thorough and sincere ratification debate. New Jersey’s convention in Trenton, eager for commerce (and import duties) to be controlled by the federal government because of the state’s dependence on out-of-state ports in New York City and Philadelphia, ratified on December 18 by a 38-0 vote. Philadelphians celebrated the Constitution’s ratification on July 4, 1788, with a “Grand Federal Procession” to the Bush Hill estate of William Hamilton (1745-1813), three miles outside of town, where James Wilson delivered a spirited address to a crowd of 17,000. Toasts and a sumptuous feast followed.

Visitors to Independence Hall can see the Assembly Room where the convention met and the Rising Sun Chair where Washington sat. The building, part of Independence National Historical Park, was designated a World Heritage Site by the United Nations Educational, Scientific, and Cultural Organization (UNESCO) for its role in the spread of republican government (representative democracy).

Stuart Leibiger is a Professor and History Department Chair at La Salle University. He is the author of Founding Friendship: George Washington, James Madison, and the Creation of the American Republic (University of Virginia Press, 1999), and editor of a Companion to James Madison and James Monroe (Wiley-Blackwell Publishers, 2013).

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Cordwainers Trial of 1806 https://philadelphiaencyclopedia.org/essays/cordwainers-trial-of-1806/?utm_source=rss&utm_medium=rss&utm_campaign=cordwainers-trial-of-1806 https://philadelphiaencyclopedia.org/essays/cordwainers-trial-of-1806/#comments Thu, 17 Nov 2016 14:12:41 +0000 https://philadelphiaencyclopedia.org/?p=24263 Shoemaking, one of the most lucrative trades in Philadelphia during the eighteenth and early nineteenth centuries, also proved to be one of the most contentious. Dissension within the trade worsened in the last decade of the eighteenth century and climaxed with the Philadelphia Cordwainers (shoemakers) Trial of 1806. This trial proved to be not only a contest between journeymen laborers against master shoemakers but also a trial of Federalist versus Jeffersonian ideals. The ultimate decision upheld Federalist notions of protection of property and firmly placed the United States on a course of enhanced industrial manufacturing through the use of wage labor. As such, it also proved to be one of the most significant trials in American labor history.

Cover page of the Cordwainers Trial transcription.
This volume contains the transcription by Thomas Lloyd of the Cordwainers Trial, officially titled The Trial of the Boot and Shoemakers of Philadelphia, on an Indictment for a Combination and Conspiracy to Raise their Wages. (Historical Society of Pennsylvania)

Contention between journeymen shoemakers and their masters grew in the last decade of the nineteenth century, as in-migrating master craftsmen began promoting price competition, proposed higher pay rates, and lowered product quality. Both masters and journeymen fought the practice of underselling (marketing cheap goods), as it not only affected profits, but also wages. However, each side did so independently and with its own interests at stake, which foreshadowed the divergence that would take place between them.

By 1792 journeymen societies grew throughout the city. In 1794 the Federal Society of Journeymen Cordwainers of Philadelphia organized to protect wages, but more significantly to protect journeymen workers from “scab labor,” workers who agreed to work for lower wages. These societies proved effective, as workers received a wage increase in 1798, before a failed 1799 strike led to a general reduction. Soon, masters began to take orders for boots and shoes for the South. However, once orders flowed in, journeymen laid down their tools, demanding a wage increase for “export” products. This strike not only halted production, but ultimately forced masters to default on a number of orders.

Over the next five years, calm settled over the industry. Journeymen ultimately agreed to a reduction in piece work for export orders, as they initially viewed this as an opportunity for more work and believed the agreement to be temporary. However, by 1805 export work became regular and journeymen demanded not only that the reduced wages for export work be reversed, but also demanded higher rates for customized boots. The masters immediately declined, and in the fall of 1805 journeymen shoemakers initiated a strike that lasted nearly seven weeks. Master shoemakers took the matter to court, and on November 1, 1805, a Philadelphia grand jury indicted eight journeymen on charges of combination and criminal conspiracy to increase wages, bringing the strike to an abrupt end.

The trial, officially known as The Commonwealth v. George Pullis, began March 2, 1806, in the Mayor’s Court and became a political contest between Federalist aristocracy and Jeffersonian democracy. Prosecutors, led by Federalists Jared Ingersoll (1749-1822) and Joseph Hopkinson (1770-1842), argued that journeymen societies not only hampered the shoemaking industry, but threatened the entire economy of the city. They cited English common law forbidding workers’ collusion in order to control the price of labor. They advised the jurors that allowing these societies to exist would set an example for other trades that might foment hostilities, violence, and potential civil war. The prosecution retorted that these societies were a menace to social stability and the public welfare.

The defense, led by Democratic-Republicans Caesar Augustus Rodney (1772-1824) and Walter Franklin (1773-1836), argued that workers had the right to organize and receive wages comparable to those of journeymen shoemakers in Baltimore and New York City. They contested the prosecution’s use of English common law, claiming that it no longer applied to Pennsylvania. Furthermore, they argued that no law existed in Pennsylvania that prohibited journeymen from organizing for wage increases. Using rhetoric drawn from the American Revolution, Rodney and Franklin asserted that the masters’ control over their laborers as a form of wage slavery comparable to the tyranny colonists had fought against.

1850 song sheet urging Journeyman Cordwainers to once again push for a union.
Following the 1842 Massachusetts Supreme Court trial of Commonwealth vs. Hunt permitting labor unions, the Journeymen Cordwainers of Philadelphia once again pushed for a union, seen here on this 1850 song sheet by John McIlvaine, urging journeymen cordwainers to join together and form a union like the craftsmen of the city. (Library Company of Philadelphia)

After both sides presented their case, Federalist Judge Moses Levy (1757-1826) used his charge to the jury to extol the ideals of a laissez-faire market and its ability to determine both prices and wages. He denounced the existence of journeymen societies, their use of strikes, and the artificial regulation this put on the market. Lastly, he instructed the jury to understand that a combination of workers, formed into a society in order to raise their wages, was illegal under common law. The next day the jury found the eight journeymen guilty and fined them eight dollars each.

The Philadelphia Cordwainers Trial, or Conspiracy Trial, of 1806 as it was popularly known, had far-reaching implications for antebellum society and labor. It upheld the Federalist ideals of protecting property and legitimizing growth of American industry unrestrained by workers’ organizations. As for labor, the trial ultimately made any workers’ societies, or trade unions designed to control prices or wages, illegal in America. This decision held until the 1842 Massachusetts Supreme Court trial of Commonwealth vs. Hunt permitted labor unions to operate lawfully. The Pullis decision was the first of many court rulings against labor in Philadelphia in the first two decades of the nineteenth-century, a fact not lost on labor leaders of the city. Unfavorable courts became one of the primary reasons labor turned towards politics to solve their problems during the Jacksonian Era.

Patrick Grubbs is a Ph.D. candidate at Lehigh University who is writing his dissertation, titled “The Duty of the State: Policing the State of Pennsylvania from the Coal and Iron Police to the Establishment of the Pennsylvania State Police Force, 1866–1905.” He has been employed at Northampton Community College in Bethlehem, Pennsylvania, since 2009 and has taught Pennsylvania history there since 2011. (Author information current at time of publication.)

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