Fletcher claimed the right to alter laws without even the assent of Assembly, and to strengthen his position threatened to annex the Province to New York. The moderate party, rather than submit to this, preferred receiving the confirmation of their rights and liberties as a favor at the hands of the Governor.
Prior to his departure for New York, in 1694, Fletcher appointed William Markham, the Proprietary’s cousin, to be Lieutenant Governor. Governor Fletcher attended the second session of the Assembly and insisted upon further appropriations for public defense. The Assembly refused to comply with Fletcher’s demand and was dissolved.
The Proprietary was not wholly in accord with the resolute refusal of the Assembly, nor was he unmindful of the effects which such opposition to the wishes of the Crown might have upon his particular interests.
William Penn was now no longer under the cloud of suspicion. He had many friends among the nobles who surrounded the King, and his true character was at last made known.
He succeeded in obtaining a hearing before a Privy Council and was honorably acquitted and restored to his Proprietary rights by a patent dated August, 1694, in which the disorders in the Province were ascribed solely to his absence. Shortly before his reinstatement, William Penn’s wife, Gulielma Maria, died.
Penn appointed Markham his Lieutenant Governor of Pennsylvania and Territories September 24, 1694. The restoration of the former government was not happy, for Governor Fletcher had made himself unpopular, and it was not an easy matter for Markham to immediately gain their confidence, even though he had called the Assembly according to the forms prescribed by the charter.
The great bone of contention was the subsidy to be granted to the King. Finally a joint committee of the two branches of the Legislature was acceded to, when it was agreed to accept the new Constitution, and a new subsidy of £300 was granted for the support of the Royal Government and of the suffering Indians. This was raised by a tax of one penny on the pound on all assessed property.
The new Constitution was more democratic. The Council consisted of two from each county, elected biennially. The Assembly had four members from each county, elected annually. The latter was given the right to originate bills, to sit on its adjournments and to be indissoluble during the term for which it was elected.
This instrument was never formally sanctioned by the Proprietary and continued in force only until after his second arrival, when a new and more lasting one was substituted in its place. Under it the people were content.
William Penn, accompanied by his second wife and children, sailed from England in the ship Canterbury in September, 1699, and on account of adverse winds had a tedious voyage of more than three months, arriving in the Delaware, December 1, 1699. Penn was cordially welcomed, it being generally understood that he intended to spend the remainder of his life in the Province.