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.