The Quaker Colonies, a chronicle of the proprietors of the Delaware by Sydney George Fisher
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page 11 of 165 (06%)
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advertised for colonists, and began selling land at 100 pounds
for five thousand acres and annually thereafter a shilling quitrent for every hundred acres. He drew up a constitution or frame of government, as he called it, after wide and earnest consultation with many, including the famous Algernon Sydney. Among the Penn papers in the Historical Society of Pennsylvania is a collection of about twenty preliminary drafts. Beginning with one which erected a government by a landed aristocracy, they became more and more liberal, until in the end his frame was very much like the most liberal government of the other English colonies in America. He had a council and an assembly, both elected by the people. The council, however, was very large, had seventy-two members, and was more like an upper house of the Legislature than the usual colonial governor's council. The council also had the sole right of proposing legislation, and the assembly could merely accept or reject its proposals. This was a new idea, and it worked so badly in practice that in the end the province went to the opposite extreme and had no council or upper house of the Legislature at all. Penn's frame of government contained, however, a provision for its own amendment. This was a new idea and proved to be so happy that it is now found in all American constitutions. His method of impeachment by which the lower house was to bring in the charge and the upper house was to try it has also been universally adopted. His view that an unconstitutional law is void was a step towards our modern system. The next step, giving the courts power to declare a law unconstitutional, was not taken until one hundred years after his time. With the advice and assistance of some of those who were going out to his colony he prepared a code |
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