Both the northern and southern boundaries caused future disputes. Penn claimed as far north as the forty-third parallel, while New York insisted on the forty-second, a difference which was settled a century later in favor of New York. On the south the boundaries conflicted with the claims of Baltimore. In 1682 the question was further complicated by a grant to Penn from the Duke of York of the territory on the western shore of Delaware Bay. The difficulty was finally settled in 1760, and seven years later two surveyors, Mason and Dixon, ran the present line between Maryland and Pennsylvania at 39° 44', and erected the present boundaries of the state of Delaware.
Powers of the proprietor.--By the charter Penn was made a proprietor, having the right to make laws with the advice and consent of the freemen. The proprietor was given power to execute the laws, issue ordinances, appoint judges and magistrates, pardon criminals except in cases of treason and willful murder, erect municipalities, and grant manors. The form of government in the colony was left to the proprietor. Laws had to be sent to the privy council for approval, but if action were not taken within six months, they were valid. The king reserved the right of hearing appeals. The navigation laws were to be enforced, and if damages accrued from non-enforcement and were not settled within a year, the king had the right to take over the government of the colony until payment was made.
The founding of Philadelphia.--Penn published a prospectus of his colony which was widely circulated, and drew up a body of conditions and concessions which dealt with the division and settlement of the province and with Indian relations. In 1681 he sent to America as deputy-governor his cousin, William Markham, who received the allegiance of the settlers already within the colony. Shortly afterward the first body of colonists arrived bearing instructions to lay out a town. The site of Philadelphia was surveyed the following year, a symmetrical plan being adopted which made Penn's capital the best-arranged city in colonial America.
The "frame of government."--The government devised by Penn consisted of "the Governor and freemen of the said province, in form of a Provincial Council and General Assembly, by whom all laws shall be made, officers chosen, and publick affairs transacted." An elective council was to consist of seventy-two persons "of most note for their wisdom, virtue and ability." This body, with the governor, was to prepare and propose all bills, and together they were to share executive powers. They were to erect courts of justice, elect county officers, provide schools, and perform numerous other duties. The assembly, which was to consist at first of not more than two hundred members, was to be elected annually. Its chief business was to consider and pass upon bills prepared by the governor and council.