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e 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； and it became the constitution under which Pennsylvania lived and prospered for seventy…five years； 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； 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； 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； control its own adjournments without interference from the Governor； choose its speaker and other officers； 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； or Territories； 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； in the last days of October； 1701； Penn sailed for England； 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； 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； while the Quakers might still have an influence in the Legislature； 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； and what safeguard was there for life； liberty； and property before judges； jurors； and witnesses； none of whom had been sworn？ The Churchmen kept up their complaints for along time； 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； his preaching； and his theological writing； a rather curious combination and yet one by which he had always succeeded in protecting his people。 He was a favorite with Queen Anne； who was now on the throne； and he led an expensive life which； with the cost of his deputy governor's salary in the colony； the slowness of his quitrent collections； and the dishonesty of the steward of his English estates； 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； whom Penn or his descendants sent out； and the Quaker Legislature fill the annals of the province for the next seventy years； down to the Revolution。 These quarrels； when compared with the larger national political contests of history； seem petty enough and even tedious in detail。 But； looked at in another aspect； they are important because they disclose how liberty； self…government； republicanism； 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； at any rate； of constitutional practice； namely； that the Governor； whether royal or proprietary； 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； not only in Pennsylvania but in other colonies； would withhold the Governor's salary until he consented to their favorite laws。 If he vetoed their laws； 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； as we of today are inclined to call them； went on in Pennsylvaniaprovincial and petty enough； 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； most of them sturdy； thrifty Quakers。 They could meet very easily anywhereat the Governor's house； if in conference with him； or at the treasurer's office or at the loan office； 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； 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； confident message from a deputy governor； full of lofty admonitions of their duty to the Crown； the province； and the proprietor； is often met by a sarcastic； stinging reply of the Assembly。 David Lloyd； the Welsh leader of the anti…proprietary party； and Joseph Wilcox； another leader； became very skillful in drafting these profoundly respectful but deeply cutting replies。 In after years； Benjamin Franklin attained even greater skill。 In fact； 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； 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； and Franklin； for instance； 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 England for approval by the Crown within five years。 But meanwhile the people would live under the law for five years； and； if at the end of that time it was disallowed； the Assembly would reenact the measure and live under it again for another period。
The ten years after Penn's return to England in 1701 were full of trouble for him。 Money returns from the province were slow； partly because England was involved in war and trade depressed； and partly because the Assembly； exasperated by the deputy governors he appointed； often refused to vote the deputy a salary and left Penn to bear all the expense of government。 He was being rapidly overwhelmed with debt。 One of his sons was turning out badly。 The manager of his estates in England and Ireland； Philip Ford； was enriching himself by the trust； charging compound interest at eight per cent every six months； and finally claiming that Penn owed him 14；000 pounds。 Ford had rendered accounts from time to time； but Penn in his careless way had tossed them aside without examination。 When Ford pressed for payment； Penn； still without making any investigation； foolishly gave Ford a deed in fee simple of Pennsylvania as security。 Afterwards he accepted from Ford a lease of the province； which was another piece of folly； for the lease could； of course； be used as evidence to show that the deed was an absolute conveyance and not intended as a mortgage。
This unfortunate business Ford kept quiet during his lifetime。 But on his death his widow and son made everything public； professed to be the proprietors of Pennsylvania； and sued Penn for 2000 pounds rent in arrears。 They obtained a judgment for the amount claimed and； as Penn could not pay； they had him arrested and imprisoned for debt。 For nine months he was locked up in the debtors' prison； the 〃Old Bailey；〃 and there he might have remained indefinitely if some of his friends had not raised enough money to compromise with the Fords。 Isaac Norris； a prominent Quaker from Pennsylvania； happened at that time to be in England and exerted himself to set Penn free and save the province from fu