The Province of Pennsylvania, established by William Penn, was governed by a series of constitutional documents known as the Frame of Government. These Frames, evolving through four main versions in 1682, 1683, 1696, and 1701, reveal a continuous struggle and negotiation over the distribution of legislative power. Initially, Penn envisioned a system that balanced proprietary authority with representative elements, but the realities of colonial life,
the demands of settlers, and the political maneuvering of various factions led to significant shifts in the balance of power, particularly favoring the elected assembly over time. This evolution is a key aspect of Pennsylvania's early political history and its contribution to American democratic development.
Early Legislative Structures and Proprietary Influence
The Frame of 1682 introduced a bicameral parliament, consisting of an upper house, or council, and a lower house, or assembly. The council was a powerful body, composed of 72 members, including the first 50 purchasers of large land tracts. It held the exclusive authority to propose legislation, nominate all officers in both church and state, and manage financial and military affairs through committees. In contrast, the assembly, made up of smaller landowners, had a much more limited role; it could only accept or reject legislative proposals put forth by the council and lacked the power to initiate legislation. Both houses were intended to assist the governor in his executive functions.
This initial structure reflected a strong proprietary influence and the interests of the colony's earliest and most significant investors. William Penn, the proprietor, initially intended to have only a single vote in the council and no veto power over legislation. However, the final version of the 1682 Frame granted him a treble vote in the council and a veto in the legislative process, significantly increasing his authority. This concentration of power was immediately met with opposition. Non-Quakers, particularly representatives from the Lower Counties, strongly objected to the council's monopoly on initiating legislation and demanded a more powerful assembly. This resistance ultimately led to the rejection of the 1682 Frame by the assembly, signaling an early assertion of legislative independence.
The Assembly's Growing Assertiveness: 1683 and 1696
The rejection of the 1682 Frame prompted the convening of a new assembly in 1683 to draft a revised government structure. Tensions persisted, with non-Quakers from the Lower Counties continuing to advocate for a more equitable distribution of power, particularly against the concentration of authority in Quaker elites who dominated the council. The proprietor's veto power remained a contentious issue. Penn argued its necessity to align with the royal charter, eventually securing it with a promise to exercise it only with the council's advice and consent. Crucially, the assembly continued to press for the power to initiate legislation, a demand it had made during the rejection of the previous Frame. While initially resisted by both the proprietor and the council, a compromise was reached, allowing the assembly to confer with the council before laws were passed. The Frame of 1683, approved under these terms, stipulated that laws should be passed "by the Governor and the freemen in Council and Assembly met," granting the governor a right to approve or veto.
However, the proprietary governance outlined in the 1683 Frame faltered after Penn's return to England in 1684. The council began to neglect Penn's constitutional authority, enacting laws without his or the King's approval. This period of instability, marked by clashes between appointed governors and the assembly, eventually led to the suspension of Penn's charter. When the charter was restored in 1694, the expectation was a return to the 1683 Frame. Yet, practical needs and political dynamics within the colony led to the Frame of 1696, or Markham's Frame. During this period, the assembly intensified its efforts to gain power. David Lloyd, a leading Quaker spokesman, proposed a charter granting the assembly a controlling role, including the sole power to initiate legislation. The council, anticipating a potential royal takeover, strategically supported this shift, believing that an empowered, elected assembly, likely dominated by Quakers, would be a better defense against royal control than an appointed council. Lieutenant Governor William Markham, in exchange for military appropriations, agreed to constitutional revisions. The Frame of 1696 significantly altered the balance of power, granting the assembly the power to initiate legislation, sit on its own adjournment, and judge the qualifications of its members, marking a substantial increase in its authority.
The Charter of Privileges: A Lasting Legislative Framework
Despite Penn's harsh criticism and the questionable validity of Markham's Frame, it functioned as the colonial constitution until Penn's return in 1699. The continuous push for greater legislative power by the assembly culminated in the Frame of 1701, also known as the Charter of Privileges. This document represented a more liberal governmental structure, solidifying many of the gains the assembly had made over the preceding decades. It remained the governing constitutional document for Pennsylvania for 75 years, until the Pennsylvania Constitution of 1776 replaced it. The longevity of the 1701 Charter underscores its success in establishing a more stable and assembly-centric legislative framework, reflecting the evolving political landscape where the elected representatives of the colonists held increasing sway in the governance of the province. This gradual shift from a proprietor-dominated system to one with a powerful assembly laid crucial groundwork for the democratic principles that would later define the United States.
