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Markham, immediately after Penn's restoration, refused to act under the "Frame of Government," which had been set aside by Fletcher. A second Assembly did likewise, and Markham was obliged to agree to the formation of a new frame of government; but the one then drawn up did not meet with Penn's favor.

When Penn returned to America, in 1699, after an absence of fifteen years, he found his colonists rather unfriendly to him. Ruling them at so great a distance for so long a time had caused misunderstandings. He soon learned that he must give them a new form of government. The old " Frame" was abandoned and the "Charter of Privileges" given in its place. He signed it in 1701. This new document provided for a General Assembly with much greater powers: it gave the people the power to elect some of the county officers, and it extended liberty of conscience to the Roman Catholics. The Charter of Privileges" indeed was the envy of neighboring colonies, so republican was it in its nature. Philadelphia, on the same day the "Charter" was signed, October 25, 1701, became an incorporated city, with the right to elect her officers; before, they had been appointed by the Governor. Through the liberality of Penn, therefore, Philadelphia is the oldest incorporated city in the United States.

Under Penn's Heirs, 1718-1776.-Like the sons of a rich man, Penn's heirs did not manage his estate so well as he had done. They were more interested in the revenue of the Province than in its welfare. After his death, 1718, they went to law among themselves about their inheritance. They also fought with the colonists about the taxes and rents; and the Governors were in almost endless quarrels with the General Assembly over legislation.

Concerning the veto power of these Governors, Dr. Franklin said:

"The negative of the Governor was constantly made use of to extort money. No law whatever could be passed without a private bargain with him. An increase of his salary or some donation was always made a condition; till at last it became a regular practice to have orders in his favor on the treasury presented along with the bills to be signed, so that he might actually receive the former before he should sign the latter. When the Indians were scalping the Western people, the concurrence of the Governor in the means of self-defense could not be got till it was agreed that his estate should be exempted from taxation; so that the people were to fight for the security of his property, whilst he was to bear no share of the burden."

Yet through all these years of strife, the people of Pennsylvania fared better than those of most of the other colonies, for their founder had given them a charter by which they could retain at least the form of their government intact. Unlike that of her sisters, Pennsylvania's history is not one of changes from one form of government to another. There are no chapters in it about a "Charter Oak," a "Royal Province," the "Duke of York," and "His Majesty's Town of New York." It is but due to say, however, that on one occasion, Franklin was sent to England to induce the King to take the Province of Pensylvania as his own, so put out had the colonists become with the proprietary governors. They preferred to be an "appenage of the Crown rather than a fief of the Penns.

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Under Constitutional Government.—After the colonies of America had declared themselves independent, July 4, 1776, it became necessary to organize State Governments. Accordingly, on the 28th of September, of that same year, the first State constitution was adopted; and it went into effect at once without a ratification by the

people. The old Assembly had met for the last time on the 23d of September, to make one more feeble protest against the new order of things, but it soon died without a struggle. Penn's heirs were paid $524,000 for their claims against the State. Then his words in the preface to the "Frame of Government,"-"I will put the power with the people,"—became a complete reality and Pennsylvania became a "government of the people, by the people, and for the people," which, it is hoped, shall be said of our State to the end of time.

Provisions of the First Constitution.-The General Assembly consisted of only one branch. Its members were elected yearly. Its acts were called the "Acts of Assembly"-a name still applied to our laws. The executive power was vested in a President, chosen annually by the Assembly and the Supreme Executive Council. The latter body was composed of twelve members elected for a term of three years and was advisory to the President. Another body was provided for,—the Council of Censors,-whose duty it was, at the end of every seven years, to see whether the constitution had not been violated. The forms of township and county government remained as Penn had instituted them in the "Frame of Government." Indeed, few changes have been made in local government to this day-showing that William Penn is worthy of his great name in history.

Subsequent Constitutions.-The second constitution was adopted in 1790. This created an upper and lower house in the Legislature, and made the Governor elective directly by the people. In these respects it was framed more after the Constitution of the United States. A third and fourth constitution were adopted respectively in 1838

and 1873. New constitutions become necessary to keep up with the progress of the times. Lord Macaulay once said that "the cause of all revolutions is that while nations move onward, constitutions stand still." There are numerous interests in our State now that did not exist a century ago; these all need the fostering care of the constitution. Nearly every year a new machine has to be connected with the main shaft, which propels the wheels of government. This year the agricultural bureau was established, a few years ago the banking department came into existence, and thus they multiply.

The Seat of Government. Three cities have had the honor of being the seat of government,-Philadelphia, until 1799; Lancaster, from 1799 until 1812; and Harrisburg, from 1812 to the present time.

ANALYTICAL REVIEW.-What was the "Frame of Government"? Under whom did the first company of colonists come to Pennsylvania? When? What was it to do? What was the spirit of the "Frame"? Give the quotations. From whom had Penn taken lessons? What was the plan of the "Frame"? What duties were put upon the Provincial Council? What do you think of the ground which they covered? To what was the power of the General Assembly limited? Why do you think that body was thus limited? What is the difference between making amendments to the Constitution now and the way in which they were made to the "Frame?" Why should Penn's heirs, etc., have had anything to do with making amendments? When did the first General Assembly meet? and what did it do? Is the "Great Law" still in force? What disturbance put Pennsylvania under the Crown of England? What difficulties had Penn when he returned? How did he settle them? What greater powers were given to the people in the "Charter of Privileges"? What is said of Philadelphia as a city? How did the colonists fare under Penn's heirs? What did Franklin say of the Governors? Which colonies had more changes of government during the colonial times than Pennsylvania? What change was once proposed in Pennsylvania? What

is a constitutional government? What is a constitution? What are "Acts of Assembly"? What was the nature of the first Constitution? When and how was the change from colonial to constitutional government made? When were the subsequent constitutions adopted? How did their adoption differ from that of the first? What did Macaulay once say? What cities have been the capital?

CHAPTER III.

LOCAL GOVERNMENT.

THE TOWNSHIP.

The Justice of the Peace.-This officer may be said to hold court on a small scale. He is judge of the law and the facts. His highest duty is that of peacemaker between his neighbors in the case of petty disputes and quarrels.

Suits in which the amount in dispute is not over $300 may be brought before a justice; and where the amount involved is not over $5.33, his decision is final, and no appeal can be taken to the Court of Common Pleas.

In the case of crimes the justice issues a warrant, upon proper complaint, for the arrest of the criminal. For minor offenses, after hearing the evidence, he imposes a fine, and in rare cases a short term in jail. For more serious offenses, he binds the person over to court, but releases him on bail until the time of trial. If the accused can not give satisfactory bail, or if the crime is not bailable, such as murder, he is sent to jail to await trial.

Other duties which can also be performed by a justice. of the peace are administering oaths, acknowledging deeds and attesting the signatures of other documents,

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