After the War Barry Secures the Adoption of the New Federal Constitution by Forcing a Quorum of the Assembly—Is Sued—Goes to China in Command of the "Asia," a Merchant Vessel.

After the sale of the "Alliance," Captain Barry "rested from his labors," but yet concerned about many things pertaining to his friends and their interests. We find him recommending subordinate officers for positions in the merchant service, in petitioning Congress that officers of the Navy be put on "a footing similar to their brother officers of the land service, as to half-pay or commutation and lands according to their ranks, as they were the only class of officers who remain neglected and totally unprovided for." He referred evidently to his own experience when he said, "few of the ships belonging to the United States were ever suffered to cruise, but were sent on private service and ordered not to go out of their way, but to keep clear of all vessels whatever and that such as were permitted had particular cruising grounds pointed out to them, which frequently ensured them severe blows and but few prizes."

When in 1787 a Federal convention had been held in Philadelphia to formulate a Constitution by which the States could form "a more perfect union" and "promote domestic tranquility," the present Constitution of our country was formulated by the convention for ratification by the several States. In each State controversy and discussion arose over the consideration of the advisability of adopting it as the supreme law of the land.

The Confederation had proven unsuited to the needs of the country. So a new plan of government was necessary. On September 17th, the day the Convention had adopted the Constitution, the Pennsylvania members of the Convention at once notified the Assembly of the State, then in session at the Hall of Independence, that they were ready to report to the Assembly. The next morning "the honorable delegates, led by Benjamin Franklin, were ushered into the Hall of the Assembly, made their report and presented the new Constitution." No action was taken by the Assembly. On September 29th, the last day but one of the session, George Clymer proposed to refer the Act of Ratification to a Convention of the State. Pleas for delay were made. Thomas FitzSimons, a Catholic, one of the Representatives at the Constitutional Convention and also a member of the Pennsylvania Assembly, opposed delay in submitting the new Constitution to a convention of the citizens for adoption or rejection.

It was resolved to call a State Convention, but no day was fixed for its meeting. Nineteen members had voted against calling it. On their behalf it was asked that the consideration of the time of the meeting of the convention should be postponed until the afternoon. This was granted. When the House again met, the nineteen were absent. The Assembly lacked a quorum. The absentees were sent for, but refused to appear. Mr. Wynkoop declared: "If there is no way of compelling those who deserted from duty to perform it, then God be merciful to us!"

There was a way of "compelling" and Captain John Barry led the compellers.

The next morning a number of citizens, whose leader was Commodore John Barry, forcibly entered the lodgings of James McCalmont and Jacob Miley, the members from Franklin and Dauphin Counties, dragged them to the State House and thrust them into the chamber where the Assembly was in session without a quorum. With these two there were forty-six representatives present—a quorum. Mr. McCalmont informed the House that he had been forcibly brought into the Assembly-room, contrary to his wishes, by a number of citizens. He begged he might be allowed to retire.

Thomas FitzSimons replied that if any member of the House had forced the gentleman from the determination to absent himself, such member's conduct met the disapprobation of the House. But Mr. McCalmont was now here and the business of the State cannot be accomplished if any one is suffered to withdraw.

When Mr. McCalmont attempted to leave he was restrained by the citizens who had "dragged" him into the Assembly. The House resumed the fixing a time for the Convention to act on the Constitution. The date was fixed. The people cheered. Christ Church chimes rang and Captain Barry, we may be sure, was happy. By his action within twenty-three hours of the adoption of the Constitution by the Federal Convention, Pennsylvania had ordered a State Convention to consider it. Verses relative to the "dragging" were soon published. One extract recited:

"It seems to me I yet see Barry
Drag out McCalmont."

But McCalmont undertook the "dragging" of Barry into Court. On October 13, 1787, he applied to the Supreme Executive Council and the Council directed the Attorney-General to commence a prosecution against "Captain John Barry and such other persons as shall be found to have been principally active in seizing James McCalmont or otherwise concerned in the riotous proceedings." Ben Franklin, President, was one of the eight who voted for the resolution. The Attorney-General began suit but at the Council meeting, February 16, 1788, he requested the advice of the Council "relative to the suit carried on by their order against Captain John Barry." The Council informed him it did not wish to interfere, but left the matter with him to do as he judged best.

So nothing more was done about the suit. By this time Captain Barry was on the high seas on his way to China in the merchant ship "Asia," in which he had sailed on January 7, 1787. It returned to Philadelphia, June 4, 1789. So Captain Barry had been away over two years. Eight years afterwards, on July 7, 1797, the "Asia," commanded by Captain Yard, when returning from Bengal, was captured in sight of Cape May, New Jersey, by the Spanish privateer "Julia," commanded by Don Baptista Mahon, a name indicating Irish descent. She was valued at $800,000. But the next month she was recaptured by an American privateer off Havana.

Columbia claims her soldier love and Ireland joys to own
The boy who sailed from his Wexford home undaunted if unknown;
Columbia guards his latest sleep—hers was his manhood's noon.
Ireland's the vigorous cradling arms and tender cradle croon;
For Ireland paints the dreaming boy on the lonely Wexford shore,
In 'customed clasp may meet the hands of mother and foster-mother
Above his grave, who was loyal to each as each unto the other.

—Margaret M. Halvey.