The new US Constitution required that “The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct”.
Enacting the Census law
The purpose of the census was to determine how many representatives each state would get. The Constitution had set the original numbers for each state based on their best guess. But a count was needed so that a proper distribution of representatives could take place. The Articles of Confederation had called for earlier census counts, but those were never done.
The Senate removed this requirement, considering it a waste of time and money to track more information than was necessary. The House approved the Senate changes and sent the final bill to President Washington, who signed the law on February 25.
The final bill delivered to Washington did not even require the names of everyone being counted. Instead, only the name of the head of household would be recorded, along with the number of people living in that household. The numbers were broken down into five categories: the number of free white males 16 & older, free white males under 16, the total number of free white females, all other free persons, and slaves. The point of dividing males by age was so that the government would have information about adults who could be soldiers or were in the workforce. That information was not deemed necessary for females.
The category of other free persons referred primarily to black people. It was also used for some Indian households in cases where Native families were living in white communities and were part of the tax base. These free black and Indian households did not need to be divided into any sub-categories such as age or sex. Slaves were counted separately because each slave was only counted as 3/5ths of a person for purposes of determining populations for representatives.
There was no government agency in charge of the Census. Instead, Congress gave the responsibility for obtaining the numbers to the US Marshals. Congress had appointed a US Marshal in each state. Each marshal was authorized to appoint assistants to canvas their districts. Once complete, the assistants had to post copies of their work in two public places so that members of the public could inspect them and make corrections. The assistants had nine months to complete their work. They then submitted their reports to the US Marshal, who had another four months to verify the work. The Marshals would then submit the final count to the US District Court which then forwarded them along to the Secretary of State.
Counting the People
Officials were concerned that the people might resist the census on religious grounds. The Old Testament story of God bringing a plague on Israel for counting the people of Israel might incline some people to believe a census was a sin. See Second Samuel or First Chronicles for the biblical references. There was also the secular concern that a census was the first step toward implementing a tax based on population.
These fears proved largely unfounded. The marshals and assistants did their work promptly, knowing that they would be subject to fines if they missed deadlines. South Carolina had to request an extension after one of the assistants fled to Spanish-controlled Florida and took his documents with him. This required his district to be done again by someone else.
While the count was ongoing a few changes were necessary. The authorizing legislature scheduled the census to begin in August, 1790. Before that date, Rhode Island ratified the Constitution, requiring Congress to make changes to include that state in the count. Just as the Census was wrapping up in early 1791, Vermont also became a state in March of that year, forcing its inclusion. The new state’s count began in April 1791, and had to be done within five months.
The total cost of the Census was around $26,000, which was a pretty substantial amount for the relatively small federal budget. Around 650 people were hired to complete the count. Before the Census, leaders really weren’t sure of the total population size. In December of 1790, President Washington estimated that the count would be over five million people.
The final result reported about 3.9 million Americans. The details were far from uniform. Each census taker used his own pen and paper, meaning there was no uniform size or form to show the results. Some divided up the population by county. Others did so by town. Despite any irregularities, the census finally gave the government definitive numbers to reapportion Congress based on its population.
The Census, however, was not completed in time for the mid-term elections, held in 1790. Each state delegation would remain the same size as it had been in the first Congress, and those sizes had simply been set by the delegates at the Constitutional Convention, based on their best guesses. During the Second Congress, the size of the House grew from the original 65 members to 69, only because of the admission of two more states, Vermont and Kentucky, who each initially received two house members.
When the results of the Census were ready for the 1792 elections, the size of the House at that point increased to 105 members, an increase of 36 members. Virginia’s delegation nearly doubled, going from 10 members to 19. Similarly, Massachusetts went from 8 to 14. Pennsylvania went from 8 to 13. Only one state, Georgia, lost members. The state fell from 2 House members to just 1.
The first census found that New York City was the largest city in the US with a population of 33,000. This is a little misleading because, although Philadelphia was the second largest at about 29,000, 6th place was Northern Liberties with a population of 10,000. Northern Liberties is the area just north of Philadelphia’s city limits at the time. Another town, Southwark, which was the area just south of Philadelphia’s city limits had a population of nearly 6000, meaning that the greater Philadelphia area had well over 45,000 people, much larger than New York City. Boston came in third with 18,000, Charleston was fourth with 16,000, and Baltimore rounded out the top five with nearly 14,000. No other city exceeded 10,000 people.
Benjamin Franklin
Just before the 1790 census took place, the city of Philadelphia shrank by one important number. On April 17, 1790, Benjamin Franklin died. The 84 year old scientist, inventor, diplomat, and political leader had been ill for several years. His last major public appearance had been at the Constitutional Convention nearly three years earlier. Even then his ability to speak or walk had been greatly diminished.
The newspaper that he had founded, the Pennsylvania Gazette said
“The world has been so long in possession of such extraordinary proofs of the singular abilities and virtues of this FRIEND OF MANKIND that it is impossible for a newspaper to increase his fame, or to convey his name to a part of the civilized globe where it is not already known and admired.”
The city held a public funeral for Franklin five days after his death. An estimated 20,000 people turned out for the event. Provost of the University of the State of Pennsylvania William Smith, who had long found himself in political opposition to Franklin, gave Franklin's eulogy in Christ Church. Franklin had also played a major role in founding Philadelphia College, where he had been a trustee. A year following Franklin’s death, the two schools would merge to form the University of Pennsylvania. Franklin was laid to rest in Christ Church Burial Ground, next to the grave of his wife Deborah.
While the funeral was perhaps the largest ever seen in America, there were many notables missing from it. In a time when travel was slow and difficult, it was not the norm for people to travel from other cities to attend funerals. President Washington remained in New York, as did the members of Congress.
When word of Franklin’s passing reached France, the nation went into a state of mourning for the loss of the great man. In America, newspapers across the country mourned his loss, but the government reaction in New York was more mixed.
In the House of Representatives, James Madison asked members to wear symbols of mourning for one month, which was agreed. The Senate, however, refused. Vice President Adams had been a long time foe of Franklin and was not a man given to sentimentality. The Senate refused to engage in any official acts of mourning, and even refused to respond to tributes sent to Congress by France. Personally, the only recorded comment Adams made at the time was a letter to Benjamin Rush, where complained that Franklin and Washington would get too much of the credit for winning the Revolution.
Secretary of State Thomas Jefferson had gone to Philadelphia a month before Franklin’s death and had paid him a visit at that time. After his death, Jefferson gave a public eulogy, where he recounted his arrival in France during the war. The French people asked if he was there to replace Franklin. Jefferson recounted his response: “I generally answered ‘no one can replace him, Sir; I am only his successor,’” Jefferson continued in his eulogy saying that "more respect and veneration attached to the character of Doctor Franklin in France than to that of any other person in the same country."
After the Senate voted not to mourn the death of Franklin, Jefferson encouraged Washington to order the executive branch members to go into mourning. Washington refused. The president did not want to set a precedent for all the other founding fathers who probably would soon begin passing. He also felt it was too similar to how European royalty was honored in death. Washington believed such displays were unrepublican. Washington did, however, send a formal note of thanks to the French Assembly for paying homage to Franklin.
Mid-term Elections
The federal government quickly moved on to other business. The government remained focused on passing new laws, but also on the upcoming elections for the Second Congress. As had been the case in the first elections, each state scheduled its own date for elections. New York had held the latest elections of all the states that had ratified the Constitution before the first Congress met. It had held its first elections in March 1789. Its election for the Second Congress was held just over one year later, in April of 1790, four months before the First Congress completed its business, and eight months before the Second Congress could have theoretically convened.
Those who were elected would have to wait while their predecessors completed the second session and went on to participate in a third session of Congress, held in Philadelphia beginning in December of 1790 through March of 1791. In fact, the Second Congress did not begin a regular session until October, 1791, meaning New York’s elected representatives had to wait a year and a half before finally taking their seats.
Why did New York go so early? The state traditionally held its elections in the spring. If they had waited until the following year, the members would not have been elected in time to take their seats at the beginning of the second Congress, if Congress had met on March 4, the first possible day. Although as I said, the House wanted another 9 months after that date before it actually met again in session.
One of the newly elected representatives, James Townsend, died shortly after being elected. The state had time to hold a special election to refill the seat before any other state even held their first elections, and the replacement still sat around for months, waiting for his term to begin. New York’s next congressional elections would be 2 years and 8 months later, moving them closer to the time when elections could be finalized shortly before the new Congress.
The bulk of the states held their elections at various times following the end of the second session In August, 1790 and before the third session began in December. Eight states, beginning with New Hampshire on August 30th and ending with Delaware on November 8, held their elections during this time period. Despite any changes these newly elected members had to sit and wait as those who won the first elections in 1789 returned for a third session of Congress that began on December 6. Three more states, Georgia, New Jersey, and North Carolina, held their elections while Congress was still sitting in that third session.
Although the Second Congress could have met as early as March, 1791, Pennsylvania did not hold its elections until 7 months later in October. There was a great deal of political fighting over the elections in Pennsylvania. The state had elected its delegation statewide in the first elections. Reformers were able to put in place voting districts for the second elections. Only four of the state’s eight representatives returned for a second term in office.
While Pennsylvania's change was on the high side, more than one-third of incumbents nationwide did not return for a second term. In Maryland, only one of the six representatives was reelected. Two others retired, and three lost their bids for reelection. Another Pennsylvanian, former General Anthony Wayne, had moved to Georgia and was elected to Congress from that state in one of the most hard fought elections that year..
Changes in the Senate were not nearly as stark. Only one-third of the senators were up for reconsideration. Since Senators were appointed rather than elected, there was little worry for most of them. One significant change came in New York where the state legislature replaced former General Philip Schuyler, Hamilton’s father-in-law, with his political opponent Aaron Burr.
In Virginia, James Monroe once again ran for the house seat occupied by James Madison. In that first election, Monroe was the favorite. This time, it wasn’t even close, with Madison receiving nearly 98% of the vote. Monroe received an appointment to the Senate following the death of Senator William Grayson.
Congress Leaves New York
When Congress completed its second session in August of 1790, it had already been decided that this would be the end of its stay in New York. The Grand Compromise, in which members agreed to move the permanent capital to the banks of the Potomac, also agreed to an immediate move back to Philadelphia.
When the Senators and Representatives completed their session, they agreed to meet for a third session in Philadelphia beginning in December. The Congressional session ended on August 12, 1790. The members packed up and left New York City for the final time.
George Washington, who had just moved into a larger house in New York a few months earlier, spent several more weeks in the city. He packed up his household during the last two weeks of August, and left for home before the end of the month. He travelled with Martha, his two grandchildren, various aids, and the slaves who had attended to him in New York City. His return home to Mount Vernon for the first time since he had come to New York to be sworn in as President. This would also mark the last time George Washington would ever see New York City.
Washington had suffered through two life-threatening illnesses during his stay in New York. He had also flirted with the idea of resigning the presidency and returning to retirement. Washington believed he had gotten the new government off to a good start, and was not really looking forward to two more years of government service.
In the end, everyone told him that he had to remain in office, so his dream of retirement got pushed back a little further. But Washington was able to enjoy several months back at Mount Vernon during the fall. He also took some time to travel up the Potomac River, looking at sites for the new capital. Washington had pretty much decided on the area around Georgetown, but he looked at areas further upriver in order to unnerve Georgetown land owners and keep their land prices from going too high before agents for the federal government could buy them.
By November, Washington was planning to return to Philadelphia begin that ten year period where that city would serve as the federal capital.
Next week, we cover the move back to Philadelphia, and one of the most controversial issues that would vex the third session: the First Bank of the United States.
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Next Episode 369 The First Bank of the United States (coming soon)
Previous Episode 367 The Grand Compromise of 1790
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Further Reading
Websites
Census Agency History and Timeline: https://www.census.gov/about/history/bureau-history/agency-history-timeline.html
Census History Research Guides: https://guides.loc.gov/census-connections/census-history
First United States Census, 1790: https://www.mountvernon.org/library/digitalhistory/digital-encyclopedia/article/first-united-states-census-1790
On this day, Benjamin Franklin dies in Philadelphia https://constitutioncenter.org/blog/benjamin-franklins-last-days-funeral-and-a-u-s-senate-slight
Christ Church Burial Grounds https://www.ushistory.org/tour/christ-church-burial-ground.htm
American Elections and Campaigns, 1788-1800 https://www.reaganlibrary.gov/american-elections-and-campaigns-1788-1800-rise-political-factions-early-republic
Free eBooks
(from archive.org unless noted)
Heads of families at the first census of the United States taken in the year 1790: Maryland, Washington, DC: Government Printing Office, 1907. Vol. 2 & Vol. 3 * There are publications for all states in the 1790 census published in 1907 and available. These links for Maryland are listed as an example. You can search archive.org for more state results if that interests you.
Bureau of the Census The Story of the Census, 1790-1915, Washington DC: Government Printing Office, 1915.
Brant, Irving James Madison: Father of the Constitution, 1787-1800. Bobbs-Merrill Co. 1950 (borrow only).
Byran, Wilhelmus B. A History of the National Capital, Vol. 1: 1790-1814. New York: MacMillan Co. 1914.
Losing, Benson (ed) The Diary of George Washington, From 1789 to 1791, Richmond: Press of the Historical Society, 1861.
Malone, Dumas Jefferson and the Rights of Man, Little Brown and Co. 1951. (borrow only)
Books Worth Buying
(links to Amazon.com unless otherwise noted)*
Bordewich, Fergus M. The First Congress: How James Madison, George Washington, and a Group of Extraordinary Men Invented the Government, Simon & Schuster, 2016.
Chernow, Ron Alexander Hamilton, Penguin Press, 2004.
Chernow, Ron Washington, A Life, Penguin Press, 2010.
Elkins, Stanley M. and Eric McKitrick, The Age of Federalism: The Early American Republic, 1788–1800, Oxford Univ. Press, 1993 (borrow on archive.org).
Ellis, Joseph J. Founding Brothers: The Revolutionary Generation, Knopf, 2000.
Ellis, Joseph J. The Quartet: Orchestrating the Second American Revolution 1783-1789, Alfred A. Knopf, 2015.
Ferling, John Jefferson and Hamilton: The Rivalry That Forged a Nation, Bloomsbury Press, 2013.
Leibiger, Stuart Founding Friendship George Washington, James Madison, and the Creation of the American Republic, Univ. of Virginia Press, 1999.
Meacham, Jon Thomas Jefferson: The Art of Power, Random House, 2012.
McCullough, David John Adams, Simon & Schuster, 2001.
Randall, Willard Sterne Thomas Jefferson: A Life, Henry Holt and Co. 1993.
Scott, Ann Herbert Census, USA: Fact Finding for the American People, 1790-1970, The Seabury Press, 1968 (borrow on archive.org).
Winik, Jay The Great Upheaval: America and the Birth of the Modern World, 1788-1800, Deckle Edge, 2007.
* As an Amazon Associate I earn from qualifying purchases.
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