The Articles provided for a governor, to be appointed by the proprietor,
and for two legislative bodies, a provincial council and a general
assembly. The provincial council was to consist of seventy-two members.
Of these a third were elected for three years, a third for two, and a
third for one; so that by the end of the service of the first third, all
would have a three-year term, twenty-four going out and having their
places filled each year. The business of the council was to prepare
laws, to see that they were executed, and in general to provide for the
good conduct of affairs. The general assembly was to consist of two
hundred members, to be chosen annually. They had no right to originate
legislation, but were to pass upon all bills which had been enacted by
the council, accepting or rejecting them by a vote of yea or nay.
The Laws enjoined that "all persons who confessed the one almighty and
eternal God to be the Creator, Upholder, and Ruler of the world, and who
held themselves obliged in conscience to live peaceably and justly in
society, were in no ways to be molested for their religious persuasion
and practice, nor to be compelled at any time to frequent any religious
place or ministry whatever." All children of the age of twelve were to
be taught some useful trade. All pleadings, processes, and records in
the courts of law were to be as short as possible. The reformation of
the offender was to be considered as a great part of the purpose of
punishment. At a time when there were in England two hundred offenses
punishable by death, Penn reduced these capital crimes to two, murder
and treason. All prisons were to be made into workhouses. No oath was to
be required. Drinking healths, selling rum to Indians, cursing and
lying, fighting duels, playing cards, the pleasures of the theatre, were
all put under the ban together.
Penn's provincial council suggested the Senate of the United States. As
originally established, however, the disproportion of power between the
upper and the lower house was so great as to cause much just
dissatisfaction. The council was in effect a body of seventy-two
governors; the assembly, which more directly represented the people,
could consider no laws save those sent down to them by the council. The
Constitution had to be changed.
One of the good qualities of the Constitution was that it was possible
to change it. It provided for the process of amendment. That customary
article with which all constitutions now end appeared for the first time
in Penn's Frame of Government. Another good quality of the Constitution
was that it secured an abiding harmony between its fundamental
statements and all further legislation. "Penn was the first one to hit
upon the foundation or first step in the true principle, now the
universal law in the United States, that the unconstitutional law is
void."
Public-domain text, read in full here on John Shaqi.
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