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But this new governor clashed almost at once with the Assembly�察�tried to make them pass a militia law�察�suggested that the province's trade to foreign countries was illegal�察�persecuted and arrested members of the Assembly�察�refused to submit new laws to it�察�and irritated the people by suggesting the invalidity of their favorite laws。 The Quaker Assembly withstood and resisted him until they wore him out。 After a year and one month in office he resigned at Penn's request or�察�according to some accounts�察�at his own request。 At any rate�察�he expressed himself as delighted to be relieved。 As a Puritan soldier he found himself no match for a peaceable Quaker Assembly。

Penn again made the Council the executive with Thomas Lloyd as its President。 But to the old causes of unrest a new one was now added。 One George Keith�察�a Quaker�察�turned heretic and carried a number of Pennsylvania Quakers over to the Church of England�察�thereby causing great scandal。 The ;Lower Counties; or Territories�察�as the present State of Delaware was then called�察�became mutinous�察�withdrew their representatives from the Council�察�and made William Markham their Governor。 This action together with the Keithian controversy�察�the disturbances over Blackwell�察�and the clamors of Church of England people that Penn was absent and neglecting his province�察�that the Quakers would make no military defense�察�and that the province might at any time fall into the hands of France�察�came to the ears of King William�察�who was already ill disposed toward Penn and distrusted him as a Jacobite。 It seemed hardly advisable to allow a Jacobite to rule a British colony。 Accordingly a royal order suspended Penn's governmental authority and placed the province under Benjamin Fletcher�察�Governor of New York。 He undertook to rule in dictatorial fashion�察�threatening to annex the province to New York�察�and as a consequence the Assembly had plenty of trouble with him。 But two years later�察�1694�察�the province was returned to Penn�察�who now appointed as Governor William Markham�察�who had served as lieutenant´governor under Fletcher。

Markham proceeded to be high´handed with the Assembly and to administer the government in the imperialistic style of Fletcher。 But the Assembly soon tamed him and in 1696 actually worried out of him a new constitution�察�which became known as Markham's Frame�察�proved much more popular than the one Penn had given�察�and allowed the Assembly much more power。 Markham had no conceivable right to assent to it and Penn never agreed to it�察�but it was lived under for the next four years until Penn returned to the province。 While it naturally had opponents�察�it was largely regarded as entirely valid�察�and apparently with the understanding that it was to last until Penn objected to it。

Penn had always been longing to return to Pennsylvania and live there for the rest of his life�察�but the terrible times of the Revolution of 1688 in England and its consequences had held him back。 Those difficulties had now passed。 Moreover�察�William III had established free government and religious liberty。 No more Quakers were imprisoned and Penn's old occupation of securing their protection and release was gone。

In the autumn of 1699 he sailed for Pennsylvania with his family and�察�arriving after a tedious three months' voyage�察�was well received。 His political scrapes and mistakes in England seemed to be buried in the past。 He was soon at his old enjoyable life again�察�traveling actively about the country�察�preaching to the Quakers�察�and enlarging and beautifying his country seat�察�Pennsbury�察�on the Delaware�察�twenty miles above Philadelphia。 As roads and trails were few and bad he usually traveled to and from the town in a barge which was rowed by six oarsmen and which seemed to give him great pride and pleasure。

Two happy years passed away in this manner�察�during which Penn seems to have settled�察�not however without difficulty�察�a great deal of business with his people�察�the Assembly�察�and the Indian tribes。 Unfortunately he got word from England of a bill in Parliament for the revocation of colonial charters and for the establishment of royal governments in their place。 He must needs return to England to fight it。 Shortly before he sailed the Assembly presented him with a draft of a new constitution or frame of government which they had been discussing with him and preparing for some time。 This he accepted�察�and it became the constitution under which Pennsylvania lived and prospered for seventy´five years�察�until the Revolution of 1776。

This new constitution was quite liberal。 The most noticeable feature of it was the absence of any provision for the large elective council or upper house of legislation�察�which had been very unpopular。 The Assembly thus became the one legislative body。 There was incidental reference in the document to a governor's council�察�although there was no formal clause creating it。 Penn and his heirs after his death always appointed a small council as an advisory body for the deputy governor。 The Assembly was to be chosen annually by the freemen and to be composed of four representatives from each county。 It could originate bills�察�control its own adjournments without interference from the Governor�察�choose its speaker and other officers�察�and judge of the qualifications and election of its own members。 These were standard Anglo´Saxon popular parliamentary rights developed by long struggles in England and now established in Pennsylvania never to be relaxed。 Finally a clause in the constitution permitted the Lower Counties�察�or Territories�察�under certain conditions to establish home rule。 In 1705 the Territories took advantage of this concession and set up an assembly of their own。

Immediately after signing the constitution�察�in the last days of October�察�1701�察�Penn sailed for England�察�expecting soon to return。 But he became absorbed in affairs in England and never saw his colony again。 This was unfortunate because Pennsylvania soon became a torment to him instead of a great pleasure as it always seems to have been when he lived in it。 He was a happy present proprietor�察�but not a very happy absentee one。

The Church of England people in Pennsylvania entertained great hopes of this proposal to turn the proprietary colonies into royal provinces。 Under such a change�察�while the Quakers might still have an influence in the Legislature�察�the Crown would probably give the executive offices to Churchmen。 They therefore labored hard to discredit the Quakers。 They kept harping on the absurdity of a set of fanatics attempting to govern a colony without a militia and without administering oaths of office or using oaths in judicial proceedings。 How could any one's life be safe from foreign enemies without soldiers�察�and what safeguard was there for life�察�liberty�察�and property before judges�察�jurors�察�and witnesses�察�none of whom had been sworn�拭�The Churchmen kept up their complaints for along time�察�but without effect in England。   Penn was able to thwart all their plans。 The bill to change the province into a royal one was never passed by Parliament。 Penn returned to his court life�察�his preaching�察�and his theological writing�察�a rather curious combination and yet one by which he had always succeeded in protecting his people。 He was a favorite with Queen Anne�察�who was now on the throne�察�and he led an expensive life which�察�with the cost of his deputy governor's salary in the colony�察�the slowness of his quitrent collections�察�and the dishonesty of the steward of his English estates�察�rapidly brought him into debt。 To pay the government expense of a small colonial empire and at the same time to lead the life of a courtier and to travel as a preacher would have exhausted a stronger exchequer than Penn's。

The contests between the different deputy governors�察�whom Penn or his descendants sent out�察�and the Quaker Legislature fill the annals of the province for the next seventy years�察�down to the Revolution。 These quarrels�察�when compared with the larger national political contests of history�察�seem petty enough and even tedious in detail。 But�察�looked at in another aspect�察�they are important because they disclose how liberty�察�self´government�察�republicanism�察�and many of the constitutional principles by which Americans now live were gradually developed as the colonies grew towards independence。    The keynote to all these early contests was what may be called the fundamental principle of colonial constitutional law or�察�at any rate�察�of constitutional practice�察�namely�察�that the Governor�察�whether royal or proprietary�察�must always be kept poor。 His salary or income must never become a fixed or certain sum but must always be dependent on the annual favor and grants of a legislature controlled by the people。 This belief was the foundation of American colonial liberty。 The Assemblies�察�not only in Pennsylvania but in other colonies�察�would withhold the Governor's salary until he consented to their favorite laws。 If he vetoed their laws�察�he received no salary。 One of the causes of the Revolution in 1776 was the attempt of the mother country to make the governors and other colonial officials dependent for their salaries on the Government in England instead of on the legislatures in the colonies。

So the squabbles�察�as we of today are inclined to call them�察�went on in Pennsylvaniaprovincial and petty enough�察�but often very large and important so far as the principle which they involved was concerned。 The Legislature of Pennsylvania in those days was a small body composed of only about twenty´five or thirty members�察�most of them sturdy�察�thrifty Quakers。 They could meet very easily anywhereat the Governor's house�察�if in conference with him�察�or at the treasurer's office or at the loan office�察�if investigating accounts。 Beneath their broad brim hats and grave demeanor they were as Anglo´Saxon at heart as Robin Hood and his merry men�察�and in their ninety years of political control they built up as goodly a fabric of civil liberty as can be found in any community in the world。

The dignified�察�confident message from a deputy governor�察�full of lofty admonitions of their duty to the Crown�察�the province�察�and the proprietor�察�is often met by a sarcastic�察�stinging reply of the Assembly。 David Lloyd�察�the Welsh leader of the anti´proprietary party�察�and Joseph Wilcox�察�another leader�察�became very skillful in drafting these profoundly respectful but deeply cutting replies。 In after years�察�Benjamin Franklin attained even greater skill。 In fact�察�it is not unlikely that he developed a large measure of his world famous aptness in the use of language in the process of drafting these replies。 The composing of these official communications was important work�察�for a reply had to be telling and effective not only with the Governor but with the people who learned of its contents at the coffeehouse and spread the report of it among all classes。 There was not a little good´fellowship in their contests�察�and Franklin�察�for instance�察�tells us how he used to abuse a certain deputy governor all day in the Assembly and then dine with him in jovial intercourse in the evening。

The Assembly had a very convenient way of accomplishing its purposes in legislation in spite of the opposition of the British Government。 Laws when passed and approved by the deputy governor had to be sent to

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