President-Elect Samuel Johnston
Elected President of the United States
in Congress Assembled July 9, 1781
Declined the Presidency July 10, 1781
On March 2, 1781 Delegate Samuel Johnston remained in Philadelphia and took his seat as the North Carolina Delegate to the new government of the United States, the United States in Congress Assembled (USCA). He vigorously worked at reformulating the new government with a particular interest in seeking to expand the powers of the President. In an April 8th letter, to James Iredell, he wrote of leadership and the States’ failure to support USCA measures:
You will easily judge that great delay in the deliberative councils of so numerous a body as Congress. You will easily judge that great delay in the deliberative councils of so numerous a body as Congress must necessarily take place, add to this, that the frequent change of the members does in almost every instance break upon the best digested systems, and renders inefficient the best concerted measures. Much time is too often spent in debate, and there is no man of sufficient credit or influence to take the lead, or give a tone to the business.
Another circumstance which prevents Congress from taking its measures with a greater degree of confidence and decision is, the inattention which the States pay to the measures recommended by that body. I am fully satisfied that if the States would implicitly comply with every requisition of Congress, even when the propriety of the measure was not evidently apparent, it would be attended by the most salutary consequences, as there is not the least reason to doubt but Congress, both as a body and individually, are disposed to do what is right, and appear to me in almost every instance that has fallen within my observation to be actuated by the most virtuous and disinterested motives. In a few, very few instances, I have suspected individuals to be influenced by local or personal considerations, and this less often than might be naturally expected in so large a body.
Never was a poor fly more completely entangled in a cobweb than Congress in their paper currency. It is the daily subject of conversation in that body; but our situation is so very intricate and delicate that I have as yet heard no proposal that is not subject to numberless objections.[2]
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SAMUEL JOHNSTON
- REPORT OF THE SECRETARY OF WAR ON
FORTY-SEVEN PETITIONS.... [Knox, Henry]: [Philadelphia]: Childs and Swaine,
[1793]. This copy bears the ownership signature of then North Carolina US
Senator Samuel Johnston on the front wrapper. Johnston was a key leader of the
Revolution in North Carolina, a delegate to the Continental Congress and United
States in Congress Assembled.
In
this Secretary of War Report, Henry Knox lists forty-seven petitions from
veterans of the Revolutionary War. Henry Knox offers brief summations of their
claims and his position on each matter. He favorably received a similar set of
thirty-five additional petitions the same year. Good evidence of the drastic
extent to which the federal government was petitioned for economic relief by
commissioned and non- commissioned officers of the war.
In
1789, when George Washington took the oath as the first President and
Commander-in-Chief under the Constitution, North Carolina along with Rhode
Island, chose to be a sovereign state separate from the United States of
America. Samuel Johnston, at that time
was serving as the Governor, thus becoming North Carolina’s head of state. As Governor of North Carolina from 1787 to
1789 he also presided over both North Carolina Conventions called to ratify the
U.S. Constitution. The first Convention, in 1788 rejected the Constitution of
1787 in spite of Johnston's strong support. He called another convention in
1789 and under his leadership North Carolina completed ratification and joined the Union on
November 21, 1789. After statehood Johnston resigned as governor to become one
of the state's first two United States Senators, serving from 1789 until 1793.
In 1800 he was made a Judge in the Superior Court of North Carolina, an office
he held until his retirement in 1803. - Loan
Courtesy of Klos
Yavneh Academy Collection.
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Johnston was unsuccessful in his attempt to strengthen the USCA Presidency. In fact on May 4, 1781 the USCA passed the new for the USCA that stripped the President of his power to control the congressional agenda even going so far as to eliminate the President's prerogative to continue the debate before a motion that was brought to the floor was seconded. The rules weakened, not strengthen, the U.S. Presidency:
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| Exhibited here is The Journals of the United States in Congress Assembled Published By Order of Congress Volume VII New York: Printed by John Patterson in 1787. - Klos Yavneh Academy |
Rules for Conducting Business in the
United States in Congress assembled:
United States in Congress assembled:
1. As soon as seven states are met the President may assume assumes the chair, upon which the members shall take their seats.
2. The minutes of the preceding day shall then be read, and after that the public letters, petitions and memorials, if any have been received or presented.
3. Every letter, petition or memorial read, on which no order is moved, shall of course be considered as ordered to lie on the table, and may be taken up at any future time.
4. After the public dispatches, &c., the reports of committees which may have been delivered by them to the secretary during that morning or the preceding day shall, for the information of the house, be read in the order in which they were delivered, and, if it is judged proper, a day be assigned for considering them.
5. After the public letters, &c., are read, and orders given concerning them, the reports of the Board of Treasury and of the Board of War, if any, shall be taken into consideration; but none of those subjects for the determination of which the assent of nine states is requisite shall be agitated or debated, except when nine states or more are assembled. When a doubt is raised whether any motion or question is of the number of those for the determination of which in the affirmative the articles of confederation require the assent of nine states, the votes and assent of nine states shall always be necessary to solve that doubt, and to determine upon such motions or questions.
6. When a report, which has been read and lies for consideration, is called for it shall immediately be taken up. If two or more are called for, the titles of the several reports shall be read, and then the President shall put the question beginning with the first called for, but there shall be no debate, and the votes of a majority of the states present shall determine which is to be taken up.
7. An order of the day, when called for by a State shall always have the preference and shall not be postponed but by the votes of a majority of the United States in Congress assembled.
8. When a report is brought forward for consideration it shall first be read over and then debated by paragraphs and each paragraph shall be subject to amendments. If it relates only to one subject being in the nature of an ordinance it shall be subject to such additions as may be judged proper to render it compleat and then it shall be read over as it stands amended and a question taken upon the whole: But if it comprehends different subjects, independent one of another, in the form of distinct acts or resolutions a question shall be taken on each and finally a question on the whole.
9. No motion shall be received unless it be made or Negatived. seconded by a state.
9. When any ordinance is introduced by report or otherwise, it shall be read a first time for the information of the house without debate. The President shall then put the following question "Shall this ordinance be read a second time." If it passes in the affirmative then a time shall be appointed for that purpose when it shall be read and debated by paragraphs and when gone through, the question shall be "Shall this ordinance be read a third time"; if agreed to, and a time appointed, it shall be accordingly read by paragraphs, and if necessary debated, and when gone through the question shall be "Shall this ordinance pass", if the vote is in the affirmative, a fair copy shall then be made out by the Secretary, either on parchment or paper and signed by the President and attested by the Secretary in Congress and recorded in the Secretary's office.
10. When a motion is made and seconded it shall be repeated by the President or if he or any other member desire being in writing it shall be delivered to the President in writing and read aloud at the table before it, shall be debated.11. Every motion shall be reduced to writing and read at the table before it is debated if the President or any member require it.12. After a motion is repeated by the President or read at the table it shall then be in the possession of the house, but may at any time before decision, be withdrawn, with the consent of a majority of the states present.13. No member shall speak more than twice in any one debate on the same day, without leave of the house, nor shall any member speak twice in a debate until every member, who chuses, shall have spoken once on the same.13. Before an original motion shall be brought before the house, it shall be entered in a book to be kept for the purpose and to lie on the table for the inspection of the members, and the time shall be mentioned underneath when the motion is to be made, that the members may some prepared and nothing he brought on hastily or by surprise.14. When a question is before the house and under debate, no motion shall be received unless for amending it, for the previous question, or to postpone the consideration of the main question or to commit it.15. No new motion or proposition shall be admitted under colour of amendment as a substitute for the question or proposition under debate until it is postponed or disagreed to.16. When a motion is made to amend by striking out certain words, whether for the purpose of inserting other words or not, the first question shall be "Shall the words moved to be struck out stand?"16. The previous question (which is always to be understood in this sense that the main question be not now put) shall only be admitted when in the judgment of two states at least, the subject moved is in its nature or from the circumstances of time or place improper to be debated or decided, and shall therefore preclude all amendments and farther debates on the subject, until it is decided.17. A motion for commitment shall also have preference and preclude all amendments and debates on the subject until it shall be decided.18. On motions for the previous question for committing or for postponing no member shall speak more than once without leave of the house.19. When any subject shall be deemed so important as to require mature discussion or deliberation before it be submitted to the decision of the United States in Congress assembled, it shall be referred to the consideration of a grand committee consisting of one member present from each State, and in such case each State shall nominate its member. But the United States in Congress assembled shall in no case whatever be resolved into a committee of the whole. Every member may attend the debates of a grand committee and for that purpose the time and place of its meeting shall be fixed by the United States in Congress assembled.20. The states shall ballot for small committees, but if upon counting the ballots, the number required shall not be elected by a majority of the United States in Congress assembled, the President shall name the members who have been balloted for, and the house shall by a vote or votes determine the committee.21. If a question under debate contains several points any member may have it divided.22. When a question is about to be put, it shall be in the power of any one of the states to postpone the determination thereof until the next day, and in such case, unless it shall be further postponed by order of the house the question shall, the next day immediately after reading the public dispatches, &c. and before the house go upon other business, be put without any debate, provided there be a sufficient number of states present to determine it; if that should not be the case, it shall be put without debate as soon as a sufficient number shall have assembled.23. If any member chuse to have the yeas and nays taken upon any question, he shall move for the same previous to the President's putting the question and in such case every member present shall openly and without debate declare by ay or no his assent or dissent to the question.24. When an ordinance act or resolution is introduced with a preamble, the ordinance, act or resolution shall be first debated, and after it is passed, the preamble if judged necessary shall be adapted thereto: But if the preamble states some matter or thing as fact to which the house do not agree by general consent, and the ordinance, act or resolution is grounded thereon, the preamble shall be withdrawn or the fact resolved on as it appears to the house previous to any debate on the ordinance act or resolution; and if the fact shall not be established to the satisfaction of a majority of the United States in Congress assembled, the ordinance, act or resolution shall fall of course.24. Every member when he chuses to speak shall rise and address the President. When two members chance to rise at the same time, the President shall name the person whois to speak first. Every member both in debate, and while the states are assembled shall conduct himself with the utmost decency and decorum. If any member shall transgress, the President shall call to order. In case the disorder be continued or repeated the President may name the person transgressing. Any member may call to order.25. When a member is called to order, he shall immediately sit down. If he has been named as a transgressor, his conduct shall be enquired into and he shall be liable to a censure.26. When a question of order is moved, the President if he is in doubt may call for the judgment of the house, otherwise he shall in the first instance give a decision, and an appeal shall lie to the house, but there shall be no debate on questions of order, except that a member called to order for irregular or unbecoming conduct or for improper expressions may be allowed to explain.27. A motion to adjourn may be made at any time and shall always be in order, and the question thereon shall always be put without any debate.30. No member shall leave Congress without permission of Congress or of his constituents.31. No member shall read any printed paper in the house during the sitting thereof.28. On every Monday after reading and taking order on the public dispatches a committee of three shall be appointed, who shall every morning during the week report to Congress the orders necessary to be made on such dispatches as may be received during the adjournment or sitting of Congress, upon which no orders shall have been made.The members of such Committee not to be eligible a second time until all the other members have served.32. The habit of a member of Congress in future shall be a plain purple gown with open-sleeves, plaited at the bend of the arm. And that no member be allowed to sit in Congress without such habit.33. The members of each state shall sit together in Congress, for the more ready conference with each other on any question above be taken that the house might not be disturbed by the members moving Postponed. from one part to another to confer one the vote to be given. That for the better observance of order, New Hampshire shall sit on the left hand of the President and on every question be first called, and each state from thence to Georgia shall take their seats in the order that their states are situated to each other. The delegates of the respective states to sit in their order of seniority.[3]
On May 30th Johnston, weary of the USCA and its lack of leadership, wrote Iredell about USCA challenges and his decision to remain in Philadelphia:
I thought about this time to be making preparations for leaving this place, but none of my colleagues appearing to relieve me, several States being unrepresented in Congress, and affairs of the first magnitude being now on the tapis, I thought it inconsistent with my honor to leave the State unrepresented at so interesting a period. Notwithstanding my anxious impatience to return to my family, I have determined to stay till I am relieved, or at least till the States are more fully represented in Congress. I don't doubt but you and my sister will offer such reasons to Mrs. Johnston as will reconcile her to this measure. I hope she will keep up her spirits and if I should not return before the sickly season, I wish you would prevail on her to take the children down to the sea-side, if it can be done with safety; but as I have hopes of returning before that time, it will be unnecessary to say anything on the subject till the season approaches.[4]
I had the pleasure of receiving your Letter of the 4th of last month and is the latest intelligence which I have received from that Country, your representation differed very little from what I expected from that quarter so I was not much surprised you were very much out, contrary to your usual Sagacity, with regard to the movements of Lord Cornwallis, indeed both Green and his Lordship have taken their Measures in a manner so diametrically opposite to what was generally expected that you were not the only person who was disappointed. The Assembly is now sitting at this place (2) and it is said discover a disposition to do great matters, but you know these people better than I do and can better Judge what is to be expected from them. You will before this reaches you have heard that a Negotiation for peace is on foot in Europe under the Mediation of the Emperor & Empress Queen of Russia. The Events of this Campaign will determine whether America is to reap any Advantages from this Measure.
We have just heard of a Reinforcement having arrived at Charlestown on the 10th of this month said to consist of about two thousand men, three thousand were said to have embarked in that fleet, the remainder are supposed to have gone to the West Indies or come to Virginia. I have heard that our Assembly was to meet the 15th Instant and not doubting but the Delegates are by this time ready to set off for this place, I shall turn my face homeward as soon as completed a little business of considerable importance to our State.[5]
Later that month sickness not only inflicted Johnston but President Huntington who explained his July 8th resignation in letter to George Washington that “My health is so much impaired by long confinement and application as compels me to retire from congress.” Thomas McKean, on President Huntington’s resignation wrote Samuel Adams:
A new President of Congress is to be chosen tomorrow, as Mr. Huntington will not continue any longer; this honor is going a begging; there is only one Gentleman, and he from the Southward, who seems willing to accept, but I question whether he will be elected. There are some amongst us, who are so fond of having a great and powerful man to look up to, that, tho' they may not like the name of King, seem anxious to confer kingly powers, under the titles of Dictator, Superintendent of Finance, or some such, but the majorities do not yet appear to be so disposed.[6]
The next day, the USCA did elect a Southern Gentleman as President under the newly ratified Articles of Confederation and it was Samuel Johnston. It was not until the following day, July 10th, that Johnston declined the office with the Journals of the USCA mere stating:
On July 10th, 178: Mr. Johnston having declined to accept the office of president, and offered such reasons as were satisfactory, the house proceeded to another election and the ballots being taken, the Honorable Thomas McKean was elected.[7]
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Exhibited here are the The Journals of the United States in Congress Assembled Published By Order of Congress Volume VII New York: Printed by John Patterson in 1787,
Election of Samuel Johnston as President, his declining the office and the election of Thomas McKean as the Second President of the United States in Congress Assembled.
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This was the first and to this date the only time a President-elect has refused the office in the United States. Consequently, there is much speculation on why Johnston would agree to be considered for the office and wait 24 hours to turn the position down. Due to Johnston’s silence on this issue one can only surmise why he allowed his colleagues to advance his candidacy to the point of a formal election by the USCA. The reasons why he turned it down, however, are numerous ranging from the office being stripped of its power in May 1781 to his desire to return home to protect and provide for his family. William Sharpe, also a 1781 North Carolina to USCA, wrote Governor Thomas Burke on July 28th explaining Johnston refusal of the office as:
Johnston explained the circumstances of his departure from Philadelphia in a July 30th letter to Governor Burke written on his way home.I greatly lament the absence of so able a representative and of so judicious and very agreeable colleague. Upon the resignation of Mr. Huntington he was almost unanimously elected and earnestly solicited to take the chair; but his ill state of health and other considerations induced him to decline it.[8]
Having no prospect of being relieved or supplied with money for my expenses and my disorder, which abated a little on the first approach of warm weather, returning so as to render me of little use in Congress, I left Philadelphia the 14th, for which I hope I shall be held excusable by this State.[9]
Johnston did not appear again on the scene of national politics until 1785 when the States of New York and Massachusetts selected him as one of the commissioners to settle a boundary line dispute. After successfully resolving that dispute he was three times elected Governor of North Carolina, Dec. 12, 1787, Nov. 11, 1788, and Nov. 14, 1789. As governor, in 1788 and 1789 he was elected President of the two North Carolina Constitutional Conventions, at Hillsborough and Fayetteville, called to consider the ratification of the Constitution of 1787.
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Exhibited here is a letter signed by Thomas McKean as President of the United States in Congress Assembled. McKean sent this letter to New Hampshire General John Stark:
“On the 12th instant your favor of the 1st came to hand, and was the same day read in Congress and referred to a Committee on whose report the Act of Congress of the 28th, a copy of which you have enclosed, was passed. The State of New Hampshire is to settle with you for the depreciation of your pay, on the principles adopted in settlements with the Officers of the line; for which purpose a recommendation of Congress to that State has been transmitted to President Weare.”
The day before McKean signed this letter, the Continental Congress passed the resolution stating:
“Resolved, That it be and hereby is recommended to the several States of which the General Officers of the Army are inhabitants to settle with them for the depreciation of their pay on the principles adopted in Settlements with the Officers of their respective Lines. Extract from the minutes…”.
As McKean was the President of the Continental Congress for only a few months (July 10, 1781 to November 4, 1781), his letters in that position are not common. There are two narrow vertical mounting strips on the verso that affect nothing, and a slight vertical water stain along the right edge. - Klos Yavneh Academy Collection.
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