Thomas McKean Thomas McKean ( March 19 , 1734 – June 24 , 1817 ) was an American lawyer and politician from New Castle , in New Castle County , Delaware and Philadelphia , Pennsylvania . During the American Revolution he was a delegate to the Continental Congress where he signed the United States Declaration of Independence and the Articles of Confederation . McKean served as a President of Congress . He was at various times a member of the Federalist and Democratic - Republican parties . McKean served as President of Delaware , Chief Justice of Pennsylvania , and Governor of Pennsylvania . Early life and family . McKean was born in New London Township , Chester County , Pennsylvania , the son of William McKean and Letitia Finney . His father was a tavern - keeper in New London and both his parents were Ulster - Scots who came to Pennsylvania from Ireland as children . Mary Borden was his first wife . They married in 1763 , lived at 22 The Strand in New Castle , Delaware . They had six children : Joseph , Robert , Elizabeth , Letitia , Mary , and Anne . Mary Borden McKean died in 1773 and is buried at Immanuel Episcopal Church in New Castle . Sarah Armitage was McKean ' s second wife . They married in 1774 , lived at the northeast corner of 3rd and Pine Streets in Philadelphia , Pennsylvania , and had four children , Sarah , Thomas , Sophia , and Maria . They were members of the New Castle Presbyterian Church in New Castle and the First Presbyterian Church in Philadelphia . Sarah ' s son , Carlos Martínez de Irujo , 2nd Marquis of Casa Irujo , would later become Prime Minister of Spain . Colonial career . McKean ' s education began at the Reverend Francis Allison ' s New London Academy . At the age of sixteen he went to New Castle , Delaware to begin the study of law under his cousin , David Finney . In 1755 he was admitted to the Bar of the Lower Counties , as Delaware was then known , and likewise in the Province of Pennsylvania the following year . In 1756 he was appointed deputy Attorney General for Sussex County . From the 1762 / 63 session through the 1775 / 76 session he was a member of the General Assembly of the Lower Counties , serving as its Speaker in 1772 / 73 . From July 1765 , he also served as a judge of the Court of Common Pleas and began service as the customs collector at New Castle in 1771 . In November 1765 his Court of Common Pleas became the first such court in the colonies to establish a rule that all the proceedings of the court be recorded on un - stamped paper . Eighteenth century Delaware was politically divided into loose political factions known as the " Court Party " and the " Country Party . " The majority Court Party was generally Anglican , strongest in Kent and Sussex counties and worked well with the colonial Proprietary government , and was in favor of reconciliation with the British government . The minority Country Party was largely Ulster - Scot , centered in New Castle County , and quickly advocated independence from the British . McKean was the epitome of the Country party politician and was , as much as anyone , its leader . As such , he generally worked in partnership with Caesar Rodney from Kent County , and in opposition to his friend and neighbor , George Read . At the Stamp Act Congress of 1765 , McKean and Caesar Rodney represented Delaware . McKean proposed the voting procedure that the Continental Congress later adopted : that each colony , regardless of size or population , have one vote . This decision set the precedent , the Congress of the Articles of Confederation adopted the practice , and the principle of state equality continued in the composition of the United States Senate . McKean quickly became one of the most influential members of the Stamp Act Congress . He was on the committee that drew the memorial to Parliament , and with John Rutledge and Philip Livingston , revised its proceedings . On the last day of its session , when the business session ended , Timothy Ruggles , the president of the body , and a few other more cautious members , refused to sign the memorial of rights and grievances . McKean arose and addressing the chair insisted that the president give his reasons for his refusal . After refusing at first , Ruggles remarked , " it was against his conscience . " McKean then disputed his use of the word " conscience " so loudly and so long that a challenge was given by Ruggles and accepted in the presence of the congress . However , Ruggles left the next morning at daybreak , so that the duel did not take place . American Revolution . In spite of his primary residence in Philadelphia , McKean remained the effective leader for American Independence in Delaware . Along with George Read and Caesar Rodney , he was one of Delaware ' s delegates to the First Continental Congress in 1774 and the Second Continental Congress in 1775 and 1776 . Being an outspoken advocate of independence , McKean ' s was a key voice in persuading others to vote for a split with Great Britain . When Congress began debating a resolution of independence in June 1776 Caesar Rodney was absent . George Read was against independence , which meant that the Delaware delegation was split between McKean and Read and therefore could not vote in favor of independence . McKean requested that the absent Rodney rode all night from Dover to break the tie . After the vote in favor of independence on July 2 , McKean participated in the debate over the wording of the official Declaration of Independence , which was approved on July 4 . A few days after McKean cast his vote , he left Congress to serve as colonel in command of the Fourth Battalion of the Pennsylvania Associators , a militia unit created by Benjamin Franklin in 1747 . They joined Washington ' s defense of New York City at Perth Amboy , New Jersey . Being away , he was not available when most of the signers placed their signatures on the Declaration of Independence on August 2 , 1776 . Since his signature did not appear on the printed copy that was authenticated on January 17 , 1777 , it is assumed that he signed after that date , possibly as late as 1781 . In a conservative reaction against the advocates of American independence , the 1776 / 77 Delaware General Assembly did not reelect either McKean or Caesar Rodney to the Continental Congress in October 1776 . However , the British occupation following the Battle of Brandywine swung opinions enough that McKean was returned to Congress in October 1777 by the 1777 / 78 Delaware General Assembly . He then served continuously until February 1 , 1783 . McKean helped draft the Articles of Confederation and voted for their adoption on March 1 , 1781 . When poor health caused Samuel Huntington , to resign as President of Congress in July 1781 , McKean was elected as his successor . He served from July 10 , 1781 , until November 4 , 1781 . The President of Congress was a mostly ceremonial position with no real authority , but the office did require McKean to handle a good deal of correspondence and sign official documents . During his time in office , Lord Cornwallis ' s British army surrendered at Yorktown , effectively ending the war . Government of Delaware . Meanwhile , McKean led the effort in the General Assembly of Delaware to declare its separation from the British government , which it did on June 15 , 1776 . Then , in August , he was elected to the special convention to draft a new state constitution . Upon hearing of it , McKean made the long ride to Dover , Delaware from Philadelphia in a single day , went to a room in an Inn , and that night , virtually by himself , drafted the document . It was adopted September 20 , 1776 . The Delaware Constitution of 1776 thus became the first state constitution to be produced after the Declaration of Independence . McKean was then elected to Delaware ' s first House of Assembly for both the 1776 / 77 and 1778 / 79 sessions , succeeding John McKinly as Speaker on February 12 , 1777 when McKinly became President of Delaware . Shortly after President McKinly ' s capture and imprisonment , McKean served as the President of Delaware for a month from September 22 , 1777 until October 20 , 1777 . That was the time needed for the rightful successor to John McKinly , the Speaker of the Legislative Council , George Read , to return from the Continental Congress in Philadelphia and assume the duties . At this time , immediately after the Battle of Brandywine , the British Army occupied Wilmington and much of northern New Castle County . Its navy also controlled the lower Delaware River and Delaware Bay . As a result the state capital , New Castle , was unsafe as a meeting place , and the Sussex County seat , Lewes , was sufficiently disrupted by Loyalists that it was unable to hold a valid general election that autumn . As President , McKean was primarily occupied with recruitment of the militia and with keeping some semblance of civic order in the portions of the state still under his control . Government of Pennsylvania . McKean started his long tenure as Chief Justice of Pennsylvania on July 28 , 1777 and served in that capacity until 1799 . There he largely set the rules of justice for revolutionary Pennsylvania . According to biographer John Coleman , " only the historiographical difficulty of reviewing court records and other scattered documents prevents recognition that McKean , rather than John Marshall , did more than anyone else to establish an independent judiciary in the United States . As chief justice under a Pennsylvania constitution he considered flawed , he assumed it the right of the court to strike down legislative acts it deemed unconstitutional , preceding by ten years the U . S . Supreme Court ' s establishment of the doctrine of judicial review . He augmented the rights of defendants and sought penal reform , but on the other hand was slow to recognize expansion of the legal rights of women and the processes in the state ' s gradual elimination of slavery . " He was a member of the convention of Pennsylvania , which ratified the Constitution of the U . S . In the Pennsylvania State Constitutional Convention of 1789 / 90 , he argued for a strong executive and was himself at that time a Federalist . Nevertheless , in 1796 , dissatisfied with Federalist domestic policies and compromises with England , he became an outspoken Jeffersonian Republican or Democratic - Republican . McKean was elected Governor of Pennsylvania , and served three terms from December 17 , 1799 until December 20 , 1808 . In 1799 he defeated the Federalist Party nominee , James Ross , and again more easily in 1802 . At first , McKean ousted Federalists from state government positions . Because of that he has been called the father of the spoils system . However , in seeking a third term in 1805 , McKean was at odds with factions of his own Democratic - Republican Party and the Pennsylvania General Assembly instead nominated Speaker Simon Snyder for Governor . McKean then forged an alliance with Federalists , called " the Quids , " and defeated Snyder . Afterwards , he began removing Jeffersonians from state positions . The governor ' s beliefs in strong executive and judicial powers were bitterly denounced by the influential " Aurora " newspaper publisher , William Duane , and the Philadelphia populist , Dr . Michael Leib . After they led public attacks calling for his impeachment , McKean filed a partially successful libel suit against Duane in 1805 . The Pennsylvania House of Representatives impeached the governor in 1807 , but his friends prevented a trial for the rest of his term and the matter was dropped . When the suit was settled after McKean left office , his son Joseph angrily criticized Duane ' s attorney for alleging , out of context , that McKean referred to the people of Pennsylvania as " Clodpoles " ( clodhoppers ) . Some of McKean ' s other accomplishments included expanding free education for all and , at age eighty , leading a Philadelphia citizens group to organize a strong defense during the War of 1812 . He spent his retirement in Philadelphia , writing , discussing political affairs and enjoying the considerable wealth he had earned through investments and real estate . Death and legacy . McKean was a member of the Pennsylvania Society of the Cincinnati in 1785 and was subsequently its vice - president . Princeton College gave him the degree of L . L . D . in 1781 , Dartmouth College presented the same honor in 1782 , and the University of Pennsylvania gave him the degree of A . M . in 1763 and L . L . D . in 1785 . With Professor John Wilson he published " Commentaries on the Constitution of the United States " in 1790 . McKean died in Philadelphia and was buried in the First Presbyterian Church Cemetery there . In 1843 , his body was moved to the Laurel Hill Cemetery , also in Philadelphia . McKean County , Pennsylvania is named in his honor , as is Thomas McKean High School in New Castle County , also McKean Street in Philadelphia , and the McKean Hall dormitory at the University of Delaware . Penn State University also has a residence hall and a campus road named for him . McKean was over six feet tall , always wore a large cocked hat and carried a gold - headed cane . He was a man of quick temper and vigorous personality , " with a thin face , hawk ' s nose and hot eyes . " John Adams described him as " one of the three men in the Continental Congress who appeared to me to see more clearly to the end of the business than any others in the body . " As Chief Justice and Governor of Pennsylvania he was frequently the center of controversy . In the Broadway musical , " 1776 " , McKean is portrayed as a gun - toting , cantankerous old Scot who cannot get along with the wealthy and conservative planter George Read . This is actually close to the truth ( minus the gun toting ) as McKean and Read belonged to opposing political factions in Delaware . McKean was portrayed by Bruce MacKay in the original Broadway Cast and Ray Middleton in the film version . Almanac . Delaware elections were held October 1 and members of the General Assembly took office on October 20 or the following weekday . State Assemblymen had a one - year term . The whole General Assembly chose the Continental Congressmen for a one - year term and the State President for a three - year term . Judges of the Courts of Common Pleas were also selected by the General Assembly for the life of the person appointed . McKean served as State President only temporarily , filling the vacancy created by John McKinly ' s capture and resignation and awaiting the arrival of George Read . Pennsylvania elections were held in October as well . The Pennsylvania Supreme Executive Council was created in 1776 and counsellors were popularly elected for three - year terms . A joint ballot of the Pennsylvania General Assembly and the Council chose the President from among the twelve Counsellors for a one - year term . The Chief Justice of the Pennsylvania Supreme Court was also selected by the General Assembly and Council for the life of the person appointed .