The Frame of Government of Pennsylvania served as a foundational proto-constitution for the Province of Pennsylvania, a proprietary colony granted to William Penn by Charles II of England. Penn, an English Quaker, aimed to establish a new kind of community characterized by religious toleration and significant political freedom. His political philosophy is thought to be reflected in the West Jersey Concessions and Agreements of 1677, an earlier governmental
constitution that preceded Pennsylvania's establishment. The Frame of Government underwent four distinct versions: 1682, 1683, 1696, and 1701, each reflecting the evolving political landscape and the often-conflicting interests within the burgeoning colony. This document holds lasting historical importance as a crucial step in the development of American and global democracy.
The Initial Vision: The Frame of 1682
The first iteration, known as the Frame of 1682, incorporated pioneering ideas influenced by republican political theory and humanism, many of which later became key elements of modern constitutionalism. It stipulated that capital punishment should be reserved for a strictly limited number of criminal offenses, such as murder and treason. Absolute freedom of worship was guaranteed within the colony. The assembly was granted the power to request the impeachment of the governor before the council for trial. While it did not explicitly grant courts the power to declare laws unconstitutional, it did suggest that unconstitutional laws should be invalidated. The Frame also included an amendment process requiring approval from six-sevenths of the legislature and the governor.
However, the governmental structure outlined in the Frame of 1682 was less liberal than the West Jersey Concessions and Agreements of 1677. It established a parliament with two houses: an upper house, or council, comprising 72 members, including the first 50 purchasers of 5,000 acres or more. This council held the exclusive power to propose legislation, nominate all officers in church and state, and oversee financial and military affairs through committees. The lower house, or assembly, consisted of smaller landowners and could only accept or reject the council's legislative proposals, lacking the power to initiate legislation. Both houses assisted the governor with executive functions. Commentators believe that this initial Frame was significantly influenced by Penn's supporters, particularly the earliest and most heavily invested landholders in the colony, who demanded a voice in shaping the government. William Markham, Penn's deputy executive, noted that the Frame was "forced upon him by friends who unless they received all that they demanded would not settle the country." This suggests Penn made concessions from his original political ideals to accommodate these settlers' demands. A controversial provision in the Frame of 1682 concerned the governor's veto power. Initially, to attract colonists, Penn had reserved only a single vote in the council and no power to reject legislation. However, the final version of the Frame of 1682 granted the proprietor greater power, including a treble vote in the council and a veto in the legislative process. When an assembly of 42 men convened in December 1682 to ratify this Frame, non-Quakers, particularly representatives from the Lower Counties, strongly opposed the proprietary government and the council's monopoly on initiating legislation, leading to its rejection.
Navigating Conflict: The Frames of 1683 and 1696
Following the rejection of the 1682 Frame, a new assembly convened in 1683 to draft a revised frame of government. Tensions persisted, with leading Quakers dominating the council while non-Quakers from the Lower Counties, who opposed the concentration of power in Quaker elites, occupied half the assembly seats. The proprietor's voting power remained a central concern. Penn argued that a proprietary veto was necessary to comply with the colonial charter granted by the King, which stipulated that laws were to be made by the proprietor. He convinced the assembly that he would exercise this power only with the council's advice and consent. The assembly, still seeking to expand its role, insisted on the power to initiate legislation. Although initially deemed unacceptable by both the proprietor and the council, a compromise was reached, allowing the assembly to confer with the council before passing a law. The Frame of 1683 was eventually approved, stating that all laws should be passed "by the Governor and the freemen in Council and Assembly met," and granting the governor a right to approve or veto.
However, proprietary governance under the 1683 Frame proved ineffective after Penn returned to England in 1684. The council neglected Penn's constitutional authority, promulgating laws without his or the King's approval. Penn then appointed five commissioners to act as his deputy executive, instructing them to annul unauthorized laws, but these instructions were not carried out. In 1687, John Blackwell, an aggressive Puritan governor, replaced the commissioners and immediately clashed with the Quaker assembly. This disorder, coupled with William III's growing distrust of Penn, led to the suspension of Penn's charter in 1692.
Penn's charter was restored in 1694, with the expectation that the colony would revert to the 1683 Frame. However, practical needs and political maneuvering led to the Frame of 1696, also known as Markham's Frame. Lieutenant Governor William Markham, commissioned by Penn, initially ruled imperially. Yet, the assembly continued its efforts to gain more power. In March 1695, David Lloyd, a prominent Quaker spokesman, advocated for a charter that would grant the assembly a controlling role, including the sole power to initiate legislation. The council, anticipating a possible reestablishment of royal government due to attacks on Penn's charter, supported this shift of power to the assembly. They believed that if a royal governor were appointed, the council might become susceptible to royal control, whereas the elected assembly, dominated by Quakers, could serve as a defense against such control. Markham seized this opportunity, promising constitutional revision if the assembly cooperated in military appropriations. Despite their commitment to nonviolence, Quakers compromised, passing a bill for military funding in exchange for a more powerful assembly. The Frame of 1696 significantly altered the distribution of political power, granting the assembly the power to initiate legislation, sit on its own adjournment, and judge the qualifications of its members. It also reduced the legislature's size and introduced more stringent voting requirements to exclude non-Quakers, while relaxing requirements in Quaker-dominated rural areas. Although Markham's right to approve it was questionable and Penn harshly criticized it, the Frame of 1696 functioned as the colonial constitution until Penn's return in 1699.
The Enduring Charter: The Frame of 1701
Upon his return to Pennsylvania in 1699, William Penn faced a politically polarized society. He eventually returned to England in 1701 due to mounting debts and the threat of imprisonment. Before his departure, the Frame of 1701, also known as the Charter of Privileges, was established. This final version of the Frame of Government remained the governing constitutional document in Pennsylvania for the next seventy-five years, until it was replaced by the Pennsylvania Constitution of 1776. The longevity of the 1701 Frame highlights its success in providing a stable framework for governance during a significant period of colonial development, ultimately paving the way for the state's eventual independence and its own constitutional evolution.
