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ling in France with some of the people of the Court。 In the end; as he grew older; religious feeling completely absorbed him。 He became one of the leading Quaker theologians; and his very earnest religious writings fill several volumes。 He became a preacher at the meetings and went to prison for his heretical doctrines and pamphlets。 At last he found himself at the age of thirty…six with his father dead; and a debt due from the Crown of 16;000 pounds for services which his distinguished father; the admiral; had rendered the Government。
Here was the accident that brought into being the great Quaker colony; by a combination of circumstances which could hardly have happened twice。 Young Penn was popular at Court。 He had inherited a valuable friendship with Charles II and his heir; the Duke of York。 This friendship rested on the solid fact that Penn's father; the admiral; had rendered such signal assistance in restoring Charles and the whole Stuart line to the throne。 But still 16;000 pounds or 80;000; the accumulation of many deferred payments; was a goodly sum in those days; and that the Crown would pay it in money; of which it had none too much; was unlikely。 Why not therefore suggest paying it instead in wild land in America; of which the Crown had abundance? That was the fruitful thought which visited Penn。 Lord Berkeley and Lord Carteret had been given New Jersey because they had signally helped to restore the Strait family to the throne。 All the more therefore should the Stuart family give a tract of land; and even a larger tract; to Penn; whose father had not only assisted the family to the throne but had refrained so long from pressing his just claim for money due。
So the Crown; knowing little of the value of it; granted him the most magnificent domain of mountains; lakes; rivers; and forests; fertile soil; coal; petroleum; and iron that ever was given to a single proprietor。 In addition to giving Penn the control of Delaware and; with certain other Quakers; that of New Jersey as well; the Crown placed at the disposal of the Quakers 55;000 square miles of most valuable; fertile territory; lacking only about three thousand square miles of being as large as England and Wales。 Even when cut down to 45;000 square miles by a boundary dispute with Maryland; it was larger than Ireland。 Kings themselves have possessed such dominions; but never before a private citizen who scorned all titles and belonged to a hunted sect that exalted peace and spiritual contemplation above all the wealth and power of the world。 Whether the obtaining of this enormous tract of the best land in America was due to what may be called the eternal thriftiness of the Quaker mind or to the intense desire of the British Government to get rid of these peopleat any cost might be hard to determine。
Penn received his charter in 1681; and in it he was very careful to avoid all the mistakes of the Jersey proprietary grants。 Instead of numerous proprietors; Penn was to be the sole proprietor。 Instead of giving title to the land and remaining silent about the political government; Penn's charter not only gave him title to the land but a clearly defined position as its political head; and described the principles of the government so clearly that there was little room for doubt or dispute。
It was a decidedly feudal charter; very much like the one granted to Lord Baltimore fifty years before; and yet at the same time it secured civil liberty and representative government to the people。 Penn owned all the land and the colonists were to be his tenants。 He was compelled; however; to give his people free government。 The laws were to be made by him with the assent of the people or their delegates。 In practice this of course meant that the people were to elect a legislature and Penn would have a veto; as we now call it; on such acts as the legislature should pass。 He had power to appoint magistrates; judges; and some other officers; and to grant pardons。 Though; by the charter; proprietor of the province; he usually remained in England and appointed a deputy governor to exercise authority in the colony。 In modern phrase; he controlled the executive part of the government and his people controlled the legislative part。
Pennsylvania; besides being the largest in area of the proprietary colonies; was also the most successful; not only from the proprietor's point of view but also from the point of view of the inhabitants。 The proprietorships in Maine; New Hampshire; New Jersey; and the Carolinas were largely failures。 Maryland was only partially successful; it was not particularly remunerative to its owner; and the Crown deprived him of his control of it for twenty years。 Penn; too; was deprived of the control of Pennsylvania by William III but for only about two years。 Except for this brief interval (1692…1694); Penn and his sons after him held their province down to the time of the American Revolution in 1776; a period of ninety…four years。
A feudal proprietorship; collecting rents from all the people; seems to modern minds grievously wrong in theory; and yet it would be very difficult to show that it proved onerous in practice。 Under it the people of Pennsylvania flourished in wealth; peace; and happiness。 Penn won undying fame for the liberal principles of his feudal enterprise。 His expenses in England were so great and his quitrents always so much in arrears that he was seldom out of debt。 But his children grew rich from the province。 As in other provinces that were not feudal there were disputes between the people and the proprietors; but there was not so much general dissatisfaction as might have been expected。 The proprietors were on the whole not altogether disliked。 In the American Revolution; when the people could have confiscated everything in Pennsylvania belonging to the proprietary family; they not only left them in possession of a large part of their land; but paid them handsomely for the part that was taken。
After Penn had secured his charter in 1681; he obtained from the Duke of York the land now included in the State of Delaware。 He 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 of laws which contained many of the advanced ideas of the Quakers。 Capital punishment was to be confined to murder and treason; instead of being applied as in England to a host of minor offenses。 The property of murderers; instead of being forfeited to the State; was to be divided among the next of kin of the victim and of the criminal。 Religious liberty was established as it had been in Rhode Island and the Jerseys。 All children were to be taught a useful trade。 Oaths in judicial proceedings were not required。 All prisons were to be workhouses and places of reformation instead of dungeons of dirt; idleness; and disease。 This attempt to improve the prisons inaugurated a movement of great importance in the modern world in which the part played by the Quakers is too often forgotten。
Penn had now started his 〃Holy Experiment;〃 as he called his enterprise in Pennsylvania; by which he intended to prove that religious liberty was not only right; but that agriculture; commerce; and all arts and refinements of life would flourish under it。 He would break the delusion that prosperity and morals were possible only under some one particular faith established by law。 He; would prove that government could be carried on without war and without oaths; and that primitive Christianity could be maintained without a hireling ministry; without persecution; without