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The Quaker Colonies, a chronicle of the proprietors of the Delaware by Sydney George Fisher
page 11 of 165 (06%)
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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