These having been accepted by many persons, he proceeded to frame the rough sketch of a constitution, on which he proposed to base the charter of the province. The price fixed on land was forty shillings, with the annual quit-rent of one shilling, for one hundred acres: and it was provided that no one should, in word or deed, affront or wrong any Indian without incurring the same penalty as if the offence had been committed against a fellow-planter; that strict precautions should be taken against fraud in the quality of goods sold to them; and that all differences between the two nations should be adjudged by twelve men, six of each. And he declares his intention "to leave myself and my successors no power of doing mischief; that the will of one man may not hinder the good of a whole country."

This constitution, as originally organised by Penn, consisted, says Mr. Clarkson, "of a Governor, a Council, and an Assembly; the two last of which were to be chosen by, and therefore to be the Representatives of, the people. The Governor was to be perpetual President, but he was to have but a treble vote. It was the office of the Council to prepare and propose bills, to see that the laws were executed, to take care of the peace and safety of the province, to settle the situation of ports, cities, market-towns, roads and other public places, to inspect the public treasury, to erect courts of justice, to institute schools for the virtuous education of youth, and to reward the authors of useful discovery. Not less than twothirds of these were necessary to make a quorum, and the consent of not less than two-thirds of such quorum in all matters of moment. The Assembly were to have no deliberative power, but when bills were brought to them from the Governor and Council, were to pass or reject them by a plain Yes or No. They were to present Sheriffs and Justices of the

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Peace to the Governor; a double number, for his choice of half. They were to be chosen annually, and to be chosen by secret ballot." This groundwork was modified by Penn himself at later periods, and especially by removing that restriction which forbade the Assembly to debate, or to originate bills and it was this, substantially, which Burke, in his 'Account of the European Settlements in America' describes as "that noble charter of privileges, by which he made them as free as any people in the world, and which has since drawn such vast numbers of so many different persuasions and such various countries to put themselves under the protection of his laws. He made the most perfect freedom, both religious and civil, the basis of his establishment; and this has done more towards the settling of the province, and towards the settling of it in a strong and permanent manner, than the wisest regulations could have done on any other plan."

In 1682 a number of settlers, principally Quakers, having been already sent out, Penn himself embarked for Pennsylvania, leaving his wife and children in England. On occasion of this parting, he addressed to them a long and affectionate letter, which presents a very beautiful picture of his domestic character, and affords a curious insight into the minute regularity of his daily habits. He landed on the banks of the Delaware in October, and forthwith summoned an assembly of the freemen of the province, by whom the frame of government, as it had been promulgated in England, was accepted. Penn's principles did not suffer him to consider his title to the land as valid, without the consent of the natural owners of the soil. He had instructed persons to negotiate a treaty of sale with the Indian nations before his own departure from England; and one of his first

acts was to hold that memorable Assembly, to which the history of the world offers none alike, at which this bargain was ratified, and a strict league of amity established. We do not find specified the exact date of this meeting, which took place under an enormous elm-tree, near the site of Philadelphia, and of which a few particulars only have been preserved by the uncertain record of tradition. Well and faithfully was that treaty of friendship kept by the wild denizens of the woods: "a friendship," says Proud, the historian of Pennsylvania," which for the space of more than seventy years was never interrupted, or so long as the Quakers retained power in the government.

Penn remained in America until the middle of 1684. During this time much was done towards bringing the colony into prosperity and order. Twenty townships were established, containing upwards of 7000 Europeans; magistrates were appointed; representatives, as prescribed by the constitution, were chosen, and the necessary public business transacted. In 1683 Penn undertook a journey of discovery into the interior; and he has given an interesting account of the country in its wild state, in a letter written home to the Society of Free Traders to Pennsylvania. He held frequent conferences with the Indians, and contracted treaties of friendship with nineteen distinct tribes.

His

reasons for returning to England appear to have been twofold; partly the desire to settle a dispute between himself and Lord Baltimore, concerning the boundary of their provinces, but chiefly the hope of being able, by his personal influence, to lighten the sufferings and ameliorate the treatment of the Quakers in England. He reached England in October, 1684. Charles II. died in February, 1685. But this was rather favourable to Penn's credit at

[From West's picture of the Treaty between Penn and the Indians.]

court; for besides that James appears to have felt a sincere regard for him, he required for his own church that toleration which Penn wished to see extended to all alike. This credit at court led to the renewal of an old and assuredly most groundless report, that Penn was at heart a Papist-nay, that he was in priest's orders, and a Jesuit: a report which gave him much uneasiness, and which he took much pains in public and in private to contradict. The same credit, and the natural and laudable affection and gratitude towards the Stuart family which he never dissembled, caused much trouble to him after the Revolution. He was continually suspected of plotting to restore the exiled dynasty; was four times arrested, and as often discharged in the total absence of all evidence against him. During the years 1691, 1692, and part of 1693, he remained in London, living, to avoid offence, in great seclusion in the latter year he was heard in his own defence before the king and council, and informed that he need apprehend no molestation or injury.

The affairs of Pennsylvania fell into some confusion during Penn's long absence. Even in the peaceable sect of Quakers there were ambitious, bustling and selfish men; and Penn was not satisfied with the conduct either of the representative Assembly, or of those to whom he had delegated his own powers. He changed the latter two or three times, without effecting the restoration of harmony: and these troubles gave a pretext for depriving him of his powers as Governor, in 1693. The real cause was probably the suspicion entertained of his treasonable correspondence with James JI. But he was reinstated in August, 1694, by a royal order, in which it was complimentarily expressed that the disorders complained of were produced entirely by his absence. Anxious as he was to return, he did