One of Penn’s first acts was to impress the assembly with the necessity of discouraging illicit trade and suppressing piracy. He did it with so much success that the assembly not only passed two laws to this effect, but also took a further step to clear the government of Pennsylvania from all imputations by expelling one of its members, James Brown, a son-in-law of Governor Markham, who was more or less justly accused of piracy. He was equally successful with his recommendations to the assembly concerning a new charter, the slave-trade, and the treatment and education of the negroes already in the province. But when, in 1701, he asked in the king’s name for a contribution of £350 towards the fortifications on the frontiers of New York, the assembly decided to refer the consideration of this matter to another meeting, or “until more emergent occasions shall require our further proceedings therein.”
The evident intention of the ministry in England to reduce the proprietary governments in the English colonies to royal ones, “under pretence of advancing the prerogatives of the crown,” compelled Penn to return to England in the latter part of 1701. But before he could leave a quarrel broke out in the assembly between the deputies from the Lower Counties, now Delaware, and those of the province. The former were accused of having obtained some exclusive powers or rights for themselves which the others would not allow them, and in consequence the men of the Lower Counties withdrew from the assembly in high dudgeon. After long discussions, and by giving promises to agree to a separation of that district from the province under certain conditions, Penn at last managed to patch up a peace between the two factions. He then went to England.
The new charter for the province and territories, signed by Penn, October 25, 1701, was more republican in character than those of the neighboring colonies. It not only provided for an assembly of the people with great powers, including those of creating courts, but to a certain extent it submitted to the choice of the people the nomination of some of the county officers. The section concerning liberty of conscience did not discriminate against the members of the Church of Rome. The closing section fulfilled the promise already made by Penn, that in case the representatives of the two territorial districts could not agree within three years to join in legislative business, the Lower Counties should be separated from Pennsylvania. On the same day Penn established by letters-patent a council of state for the province, “to consult and assist the proprietary himself or his deputy with the best of their advice and council in public affairs and matters relating to the government and the peace and well-being of the people; and in the absence of the proprietary, or upon the deputy’s absence out of the province, his death, or other incapacity, to exercise all and singular the powers of government.” The original town and borough of Philadelphia, having by this time “become near equal to the city of New York in trade and riches,”[481] was raised, by patent of the 25th of October, 1701, to the rank of a city, and, like the province, could boast of having a more liberal charter than her neighbors; for the municipal officers were to be elected by the representatives of the people of the city, and not appointed by the governor, as in New York.