This constitution was originally done by David Darlington. Mike Peterson and I worked on in the fall of 2002, Ready to go. JW. 12/7/02 *** CSTART ME 12/06/1819 1/1/2000 *** CONSTITUTION OF 1819 *** ASTART 9001.0 ME 1819 *** We, the people of Maine, in order to establish justice, insure tranquillity, provide for our natural defence, promote our common welfare, and secure to ourselves and our posterity the blessings of liberty, acknowledging, with grateful hearts, the goodness of the Sovereign Ruler of the Universe in affording us an opportunity so favorable to the design, and imploring His aid and direction in its accomplishment, do agree to form ourselves into a free and independent State, by the style and title of the State of Maine, and do ordain and establish the following constitution for the government of the same: *** AEND *** *** ASTART 001.0 ME 1819 *** ARTICLE I. DECLARATION OF RIGHTS *** SSTART 001.0 001.0 0 ME 1819 *** SECTION 1. All men are born equally free and independent, and have certain natural inherent, and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness. *** SEND *** *** SSTART 002.0 001.0 0 ME 1819 *** SEC. 2. All power is inherent in the people; all free governments are founded in their authority, and instituted for their benefit; they have, therefore, an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it. *** SEND *** *** SSTART 003.0 001.0 0 ME 1819 *** SEC. 3. All men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences, and no one shall be hurt, molested, or restrained in his person, liberty, or estate for worshipping God in the manner and season most agreeable to the dictates of his own conscience, nor for his religious professions or sentiments, provided he does not disturb the public peace, nor obstruct others in their religious worship; and all persons demeaning themselves peaceably, as good members of the State, shall be equally under the protection of the laws, and no subordination nor preference of any one sect or denomination to another shall ever be established by law, nor shall any religious test be required as a qualification for any office or trust under this State; and all religious societies in this State, whether incorporate or unincorporate, shall at all times have the exclusive right of electing their public teachers, and contracting with them for their support and maintenance. *** SEND *** *** SSTART 004.0 001.0 0 ME 1819 *** SEC. 4. Every citizen may freely speak, write, and publish his sentiments on any subject, being responsible for the abuse of this liberty. No laws shall be passed regulating or restraining the freedom of the press; and, in prosecutions for any publication respecting the official conduct of men in public capacity, or the qualifications of those who are candidates for the suffrages of the people, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury, after having received the direction of the court, shall have a right to determine, at their discretion, the law and the fact. *** SEND *** *** SSTART 005.0 001.0 0 ME 1819 *** SEC. 5. The people shall be secure in their persons, houses, papers, and possessions from unreasonable searches and seizures; and no warrant to search any place, or seize any person or thing, shall issue without a special designation of the place to be searched, and the person or thing to be seized, nor without probable cause, supported by oath or affirmation. *** SEND *** *** SSTART 006.0 001.0 0 ME 1819 *** SEC. 6. In all criminal prosecutions, the accused shall have a right to be heard by himself and his counsel, or either, at his election; to demand the nature and cause of the accusation, and have a copy thereof; to be confronted by the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to have a speedy, public, and impartial trial; and, except in trials by martial law or impeachment, by a jury of the vicinity. He shall not be compelled to furnish or give evidence against himself, nor be deprived of his life, liberty, property, or privileges, but by judgment of his peers, or the law of the land. *** SEND *** *** SSTART 007.0 001.0 0 ME 1819 *** SEC. 7. No person shall be held to answer for a capital or infamous crime, unless on a presentment or indictment of a grand jury, except in cases of impeachment, or in such cases of offences as are usually cognizable by a justice of the peace, or in cases; arising in the army or navy, or in the militia when in actual service, in time of war or public danger. The legislature shall provide by law a suitable and impartial mode of selecting juries; and their usual number and unanimity, in indictments and convictions, shall be held indispensable. *** SEND *** *** SSTART 008.0 001.0 0 ME 1819 *** SEC. 8. No person for the same offence shall be twice put in jeopardy of life or limb. *** SEND *** *** SSTART 009.0 001.0 0 ME 1819 *** SEC. 9. Sanguinary laws shall not be passed; all penalties and punishments shall be proportioned to the offence; excessive bail shall not be required nor excessive fines imposed, nor cruel nor unusual punishments inflicted. *** SEND *** *** SSTART 010.0 001.0 0 ME 1819 *** SEC. 10. All persons, before conviction, shall be bailable except for capital offences, where the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall, not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. *** SEND *** *** SSTART 011.0 001.0 0 ME 1819 *** SEC. 11. The legislature shall pass no bill of attainder, ex post facto law, nor law impairing the obligation of contracts, and no attainder shall work corruption of blood nor forfeiture of estate. *** SEND *** *** SSTART 012.0 001.0 0 ME 1819 *** SEC. 12. Treason against this State shall consist only in levying war against it, adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or confession in open court. *** SEND *** *** SSTART 013.0 001.0 0 ME 1819 *** SEC. 13. The laws shall not be suspended, but by the legislature or its authority. *** SEND *** *** SSTART 014.0 001.0 0 ME 1819 *** SEC. 14. No person shall be subject to corporal punishment under military law, except such as are employed in the army or navy, or in the militia when in actual service, in time of war or public danger. *** SEND *** *** SSTART 015.0 001.0 0 ME 1819 *** SEC. 15. The people have a right, at all times, in an orderly and peaceable manner, to assemble and consult upon the common good, to give instructions to their representatives, and to request of either department of the government, by petition or remonstrance, redress of their wrongs and grievances. *** SEND *** *** SSTART 016.0 001.0 0 ME 1819 *** SEC. 16. Every citizen has a right to keep and bear arms for the common defence; and this right shall never be questioned. *** SEND *** *** SSTART 017.0 001.0 0 ME 1819 *** SEC. 17. No standing army shall be kept up in time of peace, without the consent of the legislature; and the miliary, shall, in all cases and at all times, be in strict subordination to the civil power. *** SEND *** *** SSTART 018.0 001.0 0 ME 1819 *** SEC. 18. No soldier shall, in time of peace, be quartered in any house without the consent of the owner or occupant, nor in time of war, but in a manner to be prescribed by law. *** SEND *** *** SSTART 019.0 001.0 0 ME 1819 *** SEC. 19. Every person, for an injury done him in his person, reputation, property, or immunities, shall have remedy by due course of law; and right and justice shall be administered freely and without sale, completely and without denial, promptly and without delay. *** SEND *** *** SSTART 020.0 001.0 0 ME 1819 *** SEC. 20. In all civil suits, and in all controversies concerning property, the parties shall have a right to a trial by jury, except in cases where it has heretofore been otherwise practised; the party claiming the right may be heard by himself and his counsel, or either, at his election. *** SEND *** *** SSTART 021.0 001.0 0 ME 1819 *** SEC. 21. Private property shall not be taken for public uses without just compensation, nor unless the public exigencies require it. *** SEND *** *** SSTART 022.0 001.0 0 ME 1819 *** SEC. 22. No tax or duty shall be imposed without the consent, of the people or their representatives in the legislature. *** SEND *** *** SSTART 023.0 001.0 0 ME 1819 *** SEC. 23. No title of nobility or hereditary distinction, privilege, honor, or emolument, shall ever be granted or confirmed; nor shall any office be created, the appointment to which shall be for a longer time than during good behavior. *** SEND *** *** SSTART 024.0 001.0 0 ME 1819 *** SEC. 24. The enumeration of certain rights shall not impair nor deny others retained by the people. *** SEND *** *** AEND *** *** ASTART 002.0 ME 1819 *** ARTICLE II. Electors. *** SSTART 001.0 002.0 0 ME 1819 *** SECTION 1. Every male citizen of the United States of the age of twenty-one years and upwards, excepting paupers, persons under guardianship, and Indians not taxed, having his residence established in this State for the term of three months next preceding any election, shall be an elector for governor, senators, and representatives, in the town or plantation where his residence is so established, and the elections shall be by written ballot. But persons in the military, naval, or marine service of the United States or this State, shall not be considered as having obtained such established residence by being stationed in any garrison, barrack, or military place, in any town or plantation; nor shall the residence of a student at any seminary of learning entitle him to the right of suffrage in the town or plantation where such seminary is established. *** SEND *** *** SSTART 002.0 002.0 0 ME 1819 *** SEC. 2. Electors shall in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at, going to, and returning therefrom. *** SEND *** *** SSTART 003.0 002.0 0 ME 1819 *** SEC. 3. No elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger. *** SEND *** *** SSTART 004.0 002.0 0 ME 1819 *** SEC. 4. The election of governor, senators, and representatives shall be on the second Monday of September, annually, forever. *** SEND *** *** AEND *** *** ASTART 003.0 ME 1819 *** ARTICLE III. Distribution of Powers *** SSTART 001.0 003.0 0 ME 1819 *** SECTION I. The powers of this government shall be divided into three distinct departments, the legislative, executive, and judicial. *** SEND *** *** SSTART 002.0 003.0 0 ME 1819 *** SEC. 2. No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted. *** SEND *** *** AEND *** *** ASTART 004.0 ME 1819 *** ARTICLE IV. -- PART FIRST Legislative Power -- House of Representatives *** SSTART 001.0 004.0 1 ME 1819 *** SECTION 1. The legislative power shall be vested in two distinct branches, a house of representatives and a senate, each to have a negative on the other, and both to be styled the legislature of Maine; and the style of their acts and laws shall be, "Be it enacted by the senate and house of representatives in legislature assembled." *** SEND *** *** SSTART 002.0 004.0 1 ME 1819 *** SEC. 2. The house of representatives shall consist of not less than one hundred nor more than two hundred members, to be elected by the qualified electors for one year from the next day preceding the annual meeting of the legislature. The legislature which shall first be convened under this constitution, shall, on or before the fifteenth day of August, in the year of our Lord one thousand eight hundred and twenty-one, and the legislature within every subsequent period of at most ten years, and at least five, cause the number of the inhabitants of the State to be ascertained, exclusive of foreigners not naturalized, and Indians not taxed. The number of representatives shall, at the several periods of making such enumeration, be fixed and apportioned among the several counties, as near as may be, according to the number of inhabitants, having regard to the relative increase of population. The number of representatives shall, on said first apportionment, be not less than one hundred nor more than one hundred and fifty; and whenever the number of representatives shall be two hundred, at the next annual meetings of elections, which shall thereafter be had, and at every subsequent period of ten years, the people shall give in their votes whether the number of representatives shall be increased or diminished; and if a majority of votes are in favor thereof, it shall be the duty of the next legislature thereafter to increase or diminish the number by the rule hereinafter prescribed. *** SEND *** *** SSTART 003.0 004.0 1 ME 1819 *** SEC. 3. Each town having fifteen hundred inhabitants may elect one representative; each town having three thousand seven hundred and fifty may elect two; each town having six thousand seven hun- dred and fifty may elect three; each town having ten thousand five hundred may elect four; each town having fifteen thousand may elect five; each town having twenty thousand two hundred and fifty may elect six; each town having twenty-six thousand two hundred and fifty inhabitants may elect seven; but no town shall ever be entitled to more than seven representatives; and towns and plantations, duly organized, not having fifteen hundred inhabitants, shall be classed, as conveniently as may be, into districts containing that number, and so as not to divide towns; and each such district may elect one representative; and when on this apportionment, the number of representatives shall be two hundred, a different apportionment shall take place upon the above principle; and, in case the fifteen hundred shall be too large or too small to apportion all the representatives to any county, it shall be so increased or diminished as to give the number of representatives according to the above rule and proportion; and whenever any town or towns, plantation or plantations, not entitled to elect a representative, shall determine against a classification with any other town or plantation, the legislature may, at each apportionment of representatives, on the application of such town or plantation, authorize it to elect a representative for such portion of time, and such periods, as shall be equal to its portion of representation, and the right of representation, so established, shall not be altered until the next general apportionment. *** SEND *** *** SSTART 004.0 004.0 1 ME 1819 *** SEC. 4. No person shall be a member of the house of representatives unless he shall, at the commencement of the period for which he is elected, have been five years a citizen of the United States; have arrived at the age of twenty-one years; have been a resident in this State one year, or from the adoption of this constitution; and for the three months next preceding the time of his election shall have been, and during the period for which he is elected shall continue to be, a resident in the town or district which he represents. *** SEND *** *** SSTART 005.0 004.0 1 ME 1819 *** SEC. 5. The meetings for the choice of representatives shall be warned, in due course of law, by the selectmen of the several towns, seven days at least before the election; and the selectmen thereof shall preside impartially at such meetings, receive the votes of all the qualified electors present, sort, count, and declare them, in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the selectmen, and in open town meeting; and a fair copy of this list shall be attested by the selectmen and town clerk, and delivered by said selectmen to each representative within ten days next after such election. And the towns and plantations, organized by law, belonging to any class herein provided shall hold their meetings at the same time in the respective towns and plantations; and the town and plantation meetings in such towns and plantations shall be notified, held, and regulated, the votes received, sorted, counted, and declared in the same manner. And the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have and are subject to by this constitution. And the selectmen of such towns, and the assessors of such plantations so classed, shall, within four days next after such meeting, meet at some place, to be prescribed and notified by the selectmen or assessors of the eldest town or plantation in such class, and the copies of said lists shall be then examined and compared; and, in case any person shall be elected by a majority of all the votes, the selectmen or assessors shall deliver the certified copies of such lists to the person so elected, within ten days next after such election, and the clerks of towns and plantations, respectively, shall seal up copies of all such lists, and cause them to be delivered into the secretary's office twenty days at least before the first Wednesday, in January, annually; but, in case no person shall have a majority of votes, the selectmen and assessors shall, as soon as may be, notify another meeting, and the same proceedings shall be at every future meeting until an election shall have been effected: Provided, That the legislature may, by law, prescribe a different mode of returning, examining, and ascertaining the election of the representatives in such classes. *** SEND *** *** SSTART 006.0 004.0 1 ME 1819 *** SEC. 6. Whenever the seat of a member shall be vacated, by death, resignation, or otherwise, the vacancy may be filled by a new election. *** SEND *** *** SSTART 007.0 004.0 1 ME 1819 *** SEC. 7. The house of representatives shall choose their speaker, clerk, and other officers. *** SEND *** *** SSTART 008.0 004.0 1 ME 1819 *** SEC. 8. The house of representatives shall have the sole power of impeachment. *** SEND *** *** SSTART 001.0 004.0 2 ME 1819 *** ARTICLE IV -- PART SECOND. Senate. SECTION 1. The senate shall consist of not less than twenty nor more than thirty-one members, elected at the same time, and for the same term, as the representatives, by the qualified electors of the districts into which the State shall from time to time be divided. *** SEND *** *** SSTART 002.0 004.0 2 ME 1819 *** SEC. 2. The legislature which shall be first convened under this constitution shall, on or before the fifteenth day of August, in the year of our Lord one thousand eight hundred and twenty-one, and the legislature at every subsequent period of ten years, cause the State to be divided into districts for the choice of senators. The districts shall conform, as near as may be, to county lines, and be apportioned according to the number of inhabitants. The number of senators shall not exceed twenty at the first apportionment, and shall, at each apportionment, be increased until they shall amount to thirty-one, according to the increase in the house of representatives. *** SEND *** *** SSTART 003.0 004.0 2 ME 1819 *** SEC. 3. The meetings for the election of senators shall be notified held, and regulated, and the votes received, sorted, counted, declared, and recorded, in the same manner as those for representatives. And fair copies of the lists of votes shall be attested by the selectmen and town clerks of towns, and the assessors and clerks of plantations, and sealed up in open town and plantation meetings, and the town and plantation clerks, respectively, shall cause the same to be delivered into the secretary's office, thirty days at least before the first Wednesday of January. All other qualified electors, living in places unincorpotated, who shall be assessed to the support of government by the assessors of an adjacent town, shall have the privilege of voting for senators, representatives, and governor in such town, and shall be notified by the selectmen thereof, for the purpose, accordingly. *** SEND *** *** SSTART 004.0 004.0 2 ME 1819 *** SEC. 4. The governor and council shall, as soon as may be, examine returned copies of such list, and, twenty days before the said first Wednesday of January, issue a summons to such persons as shall appear to be elected by a majority of the votes in each district, to attend that day and take their seats. *** SEND *** *** SSTART 005.0 004.0 2 ME 1819 *** SEC. 5. The senate shall, on the said first Wednesday of January annually, determine who are elected by a majority of votes to be senators in each district; and, in case the full number of senators to be elected from each district shall not have been so elected, the members of the house of representatives, and such senators as shall have been elected, shall, from the highest number of the persons voted for, on said lists, equal to twice the number of senators deficient in every district, if there be so many voted for, elect, by joint ballot, the number of senators required; and in this manner all vacancies in the senate shall be supplied, as soon as may be, after such vacancies happen. *** SEND *** *** SSTART 006.0 004.0 2 ME 1819 *** SEC. 6. The senators shall be twenty-five years of age at the commencement of the term for which they are elected, and in all other respects their qualifications shall be the same as those of the representatives. *** SEND *** *** SSTART 007.0 004.0 2 ME 1819 *** SEC. 7. The senate shall have the sole power to try all impeachments, and, when sitting for that purpose, shall be on oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members present. Their judgment, however, shall not extend further than to removal from office and disqualification to hold or enjoy any office of honor, trust, or profit under this State; but the party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law. *** SEND *** *** SSTART 008.0 004.0 2 ME 1819 *** SEC. 8. The senate shall choose their president, secretary, and other officers. *** SEND *** *** SSTART 001.0 004.0 3 ME 1819 *** ARTICLE IV -- PART THIRD. Legislative Powers SECTION 1. The legislature shall convene on the first Wednesday of January annually, and shall have full power to make and establish all reasonable laws and regulations for the defence and benefit of the people of this State, not repugnant to this constitution nor to that of the United States. *** SEND *** *** SSTART 002.0 004.0 3 ME 1819 *** SEC. 2. Every bill or resolution, having the force of law, to which the concurrence of both houses may be necessary, except on a question of adjournment, which shall have passed both houses, shall be presented to the governor, and, if he approve, he shall sign it; if not, he shall return it, with his objections, to the house in which it shall have originated, which shall enter the objections at large on its journals and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass it, it shall be sent, together with the objections, to the other house, by which it shall be recon- sidered, and, if approved by two-thirds of that house, it shall have the same effect as if it had been signed by the governor; but, in all such cases, the votes of both houses shall be taken by yeas and nays, and the names of the persons voting for and against the bill or resolution shall be entered on the journals of both houses, respectively. If the bill or resolution shall not be returned by the governor within five, days (Sundays excepted) after it shall have been presented to him, it shall have the same force and effect as if he had signed it, unless the legislature, by their adjournment, prevent its return, inwhich case it shall have such force and effect, unless returned within three days after their next meeting. *** SEND *** *** SSTART 003.0 004.0 3 ME 1819 *** SEC. 3. Each house shall be the judge of the elections and qualifications of its own members, and a majority shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as each house shall provide. *** SEND *** *** SSTART 004.0 004.0 3 ME 1819 *** SEC. 4. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause. *** SEND *** *** SSTART 005.0 004.0 3 ME 1819 *** SEC. 5. Each house shall keep a journal, and from time to time publish its proceedings, except such parts as, in their judgment, may require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journals. *** SEND *** *** SSTART 006.0 004.0 3 ME 1819 *** SEC. 6. Each house, during its session, may punish, by imprisonment, any person, not a member, for disrespectful or disorderly behavior in its presence, for obstructing any of its proceedings, threat- ening, assaulting, or abusing any of its members for anything said, done, or doing in either house: Provided, That no imprisonment shall extend beyond the period of the same session. *** SEND *** *** SSTART 007.0 004.0 3 ME 1819 *** SEC. 7. The senators and representatives shall receive such compensation as shall be established by law, but no law increasing their compensation shall take effect during the existence of the legislature which enacted it. The expenses of the members of the house of representatives, in travelling to the legislature and returning therefrom, once in each session, and no more, shall be paid by the State, out of the public treasury, to every member who shall seasonably attend, in the judgment of the house, and does not depart therefrom without leave. *** SEND *** *** SSTART 008.0 004.0 3 ME 1819 *** SEC. 8. The senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at, going to, and returning from each session of the legislature, and no member shall be liable for anything spoken in debate in either house in any court or place elsewhere. *** SEND *** *** SSTART 009.0 004.0 3 ME 1819 *** SEC. 9. Bills, orders, or resolutions may originate in either house, and may be altered, amended, or rejected in the other; but all bills for raising a revenue shall originate in the house of representatives, but the senate may propose amendments, as in other cases: Provided, That they shall not, under color of amendment introduce any new matter, which does not relate to raising a revenue. *** SEND *** *** SSTART 010.0 004.0 3 ME 1819 *** SEC. 10. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created or the emolu- ments of which increased during such term, except such offices as may be filled by elections by the people: Provided, That this prohibition shall not extend to members of the first legislature. *** SEND *** *** SSTART 011.0 004.0 3 ME 1819 *** SEC. 11. No member of Congress, nor person holding any office under the United States, (post- officers excepted,) nor office of profit under this State, justices of the peace, notaries public, coroners, and officers of the militia excepted, shall have a seat in either house during his being such member of Congress or his continuing in such office. *** SEND *** *** SSTART 012.0 004.0 3 ME 1819 *** SEC. 12. Neither house shall, during the session, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the houses shall be sitting. *** SEND *** *** AEND *** *** ASTART 005.0 ME 1819 *** ARTICLE V -- PART FIRST Executive Power *** SSTART 001.0 005.0 1 ME 1819 *** SECTION 1. The supreme executive power of this State shall be vested in a governor. *** SEND *** *** SSTART 002.0 005.0 1 ME 1819 *** SEC. 2. The governor shall be elected by the qualified electors, and shall hold his office one year, from the first Wednesday of January in each year. *** SEND *** *** SSTART 003.0 005.0 1 ME 1819 *** SEC. 3. The meetings for election of governor shall be notified, held, and regulated, and votes shall be received, sorted, counted, declared, and recorded in the same manner as those for senators and representatives. They shall be sealed and returned into the secretary's office in the same manner and at the same time as those for senators. And the secretary of state for the time being shall, on the first Wednesday of January then next lay the lists before the senate and house of representatives, to be by them examined, and, in case of a choice by a majority of all the votes returned, they shall declare and publish the same. But if no person shall have a majority of votes, the house of representatives shall, by ballot, from the persons having the four highest numbers of votes on the list, if so many there be, elect two persons, and make return of their names to the senate, of whom the senate shall, by ballot, elect one, who shall be declared the governor. *** SEND *** *** SSTART 004.0 005.0 1 ME 1819 *** SEC. 4. The governor shall, at the commencement of his term be not less than thirty years of age, a natural-born citizen of the United States, have been five years, or from the adoption of this constitution, a resident of the State and, at the time of his election, and during the term for which he is elected, be a resident of said State. *** SEND *** *** SSTART 005.0 005.0 1 ME 1819 *** SEC. 5. No person holding any office or place under the United States, this State, or any other power, shall exercise the office of governor. *** SEND *** *** SSTART 006.0 005.0 1 ME 1819 *** SEC. 6. The governor shall, at stated times, receive for his services a compensation, which shall not be increased or diminished during his continuance in office. *** SEND *** *** SSTART 007.0 005.0 1 ME 1819 *** SEC. 7. He shall be commander-in-chief of the army and navy of the State, and of the militia, except when called into the actual service of the United States; but he shall not march nor convey any of the citizens out of the State without their consent, or that of the legislature, unless it shall become necessary, in order to march or transport them from one part of the State to another, for the defence thereof. *** SEND *** *** SSTART 008.0 005.0 1 ME 1819 *** SEC. 8. He shall nominate and, with the advice and consent of the council, appoint all judicial officers, the attorney-general, the sheriff, coroners, registers of probate, and notaries public, and he shall also nominate and, with the advice and consent of the council, appoint all other civil and military officers whose appointment is not, by this constitution, or shall not by law be otherwise provided for; and every such nomination shall be made seven days at least prior to such appointment. *** SEND *** *** SSTART 009.0 005.0 1 ME 1819 *** SEC. 9. He shall, from time to time, give the legislature information of the condition of the State, and recommend to their consideration such measures as he may Judge expedient. *** SEND *** *** SSTART 010.0 005.0 1 ME 1819 *** SEC. 10. He may require information from any military officer, or any officer in the executive department, upon any subject relating to the duties of their respective offices. *** SEND *** *** SSTART 011.0 005.0 1 ME 1819 *** SEC. 11. He shall have power, with the advice and consent of the council, to remit, after conviction, all forfeitures and penalties, and grant reprieves and pardons, except in cases of impeachment. *** SEND *** *** SSTART 012.0 005.0 1 ME 1819 *** SEC. 12. He shall take care that the laws be faithfully executed. *** SEND *** *** SSTART 013.0 005.0 1 ME 1819 *** SEC. 13. He may, on extraordinary occasions, convene the legislature; and, in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the day of the next annual meeting; and if, since their last adjournment, the place where the legislature were next to convene shall have become dangerous from an enemy or contagious sickness, may direct the session to be held at some other convenient place within the State. *** SEND *** *** SSTART 014.0 005.0 1 ME 1819 *** SEC. 14. Whenever the office of governor shall become vacant by death, resignation, removal from office, or otherwise, the president of the senate shall exercise the office of governor until another governor shall be duly qualified; and, in case of the death, resignation, removal from office, or other disqualification of the president of the Senate, so exercising the office of governor, the speaker of the house of representatives shall exercise the office until a president of the senate shall have been chosen; and when the office of governor, president of the senate, and speaker of the house shall become vacant, in the recess of the senate, the person acting as secretary of state for the time being shall, by proclamation, convene the senate, that a president may be chosen to exercise the office of governor. And whenever either the president of the senate or speaker of the house shall so exercise said office, he shall receive only the compensation of governor, but his duties as president or speaker shall be suspended; and the senate or house shall fill the vacancy until his duties as governor shall cease. *** SEND *** *** SSTART 001.0 005.0 2 ME 1819 *** ARTICLE V. -- PART SECOND Council. SECTION 1. There shall be a council, to consist of seven persons, citizens of the United States and residents of this State, to advise the governor in the executive part of the government, whom the governor shall have full power, at his discretion, to assemble; and he, with the councillors, or a majority of them, may, from time to time, hold and keep a council, for ordering and directing the affairs of state according to law. *** SEND *** *** SSTART 002.0 005.0 2 ME 1819 *** SEC. 2. The councillors shall be chosen annually on the first Wednesday of January, by joint ballot of the senators and representatives in convention; and vacancies which shall afterwards happen shall be filled in the same manner; but not more than one councillor shall be elected from any district prescribed for the election of senators; and they shall be privileged from arrest in the same manner as senators and representatives. *** SEND *** *** SSTART 003.0 005.0 2 ME 1819 *** SEC. 3. The resolutions and advice of council shall be recorded in a register, and signed by the members agreeing thereto, which may be called for by either house of the legislature; and any councillor may enter his dissent to the resolution of the majority. *** SEND *** *** SSTART 004.0 005.0 2 ME 1819 *** SEC. 4. No member of Congress or of the legislature of this State, nor any person holding any office under the United States, (post-officers excepted,) nor any civil officers under this State, (justices of the peace and notaries public excepted,) shall be councillors. And no councillor shall be appointed to any office during the time for which he shall have been elected. *** SEND *** *** SSTART 001.0 005.0 3 ME 1819 *** ARTICLE V. -- PART THIRD. Secretary. SECTION 1. The secretary of state shall be chosen annually at the first session of the legislature, by joint ballot of the senators and representatives in convention. *** SEND *** *** SSTART 002.0 005.0 3 ME 1819 *** SEC. 2. The records of the State shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be accountable. *** SEND *** *** SSTART 003.0 005.0 3 ME 1819 *** SEC. 3. He shall attend the governor and council, senate and house of representatives, in person or by his deputies, as they shall respectively require. *** SEND *** *** SSTART 004.0 005.0 3 ME 1819 *** SEC. 4. He shall carefully keep and preserve the records of all the official acts and proceedings of the governor and council, senate and house of representatives, and, when required, lay the same before either branch of the legislature, and perform such other duties as are enjoined by this constitution, or shall be required by law. *** SEND *** *** SSTART 001.0 005.0 4 ME 1819 *** ARTICLE V. -- PART FOURTH. Treasurer. SECTION 1. The treasurer shall be chosen annually at the first session of the legislature, by joint ballot of the senators and representatives in convention, but shall not be eligible more than five years successively. *** SEND *** *** SSTART 002.0 005.0 4 ME 1819 *** SEC. 2. The treasurer shall, before entering on the duties of his office, give bond to the State, with sureties, to the satisfaction of the legislature, for the faithful discharge of his trust. *** SEND *** *** SSTART 003.0 005.0 4 ME 1819 *** SEC. 3. The treasurer shall not, during his continuance in office, engage in any business of trade or commerce, or as a broker, nor as an agent or factor for any merchant or trader. *** SEND *** *** SSTART 004.0 005.0 4 ME 1819 *** SEC. 4. No money shall be drawn from the treasury but by warrant from the governor and council, and in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published at the commencement of the annual session of the legislature. *** SEND *** *** AEND *** *** ASTART 006.0 ME 1819 *** ARTICLE VI. Judicial Power *** SSTART 001.0 006.0 0 ME 1819 *** SECTION 1. The judicial power of this State shall be vested in a supreme judicial court, and such other courts as the legislature shall, from time to time, establish. *** SEND *** *** SSTART 002.0 006.0 0 ME 1819 *** SEC. 2. The justices of the supreme judicial court shall, at stated times, receive a compensation, which shall not be diminished during their continuance in office, but they shall receive no other fee or reward. *** SEND *** *** SSTART 003.0 006.0 0 ME 1819 *** SEC. 3. They shall be obliged to give their opinion upon important questions of law, and upon solemn occasions, when required by the governor, council, senate, or house of representatives. *** SEND *** *** SSTART 004.0 006.0 0 ME 1819 *** SEC. 4. All judicial officers, except justices of the peace, shall hold their offices during good behavior, but not beyond the age of seventy years. *** SEND *** *** SSTART 005.0 006.0 0 ME 1819 *** SEC. 5. Justices of the peace and notaries public shall hold their offices during seven years, if they so long behave themselves well, at the expiration of which term they may be re-appointed, or others appointed as the public interest may require. *** SEND *** *** SSTART 006.0 006.0 0 ME 1819 *** SEC. 6. The justices of the supreme judicial court shall hold no office under the United States, nor any State, nor any other office under this State, except that of justice of the peace. *** SEND *** *** AEND *** *** ASTART 007.0 ME 1819 *** ARTICLE VII. Military. *** SSTART 001.0 007.0 0 ME 1819 *** SECTION 1. The captains and subalterns of the militia shall be elected by the written votes of the members of their respective companies; the field-officers of regiments by the written votes of the cap- tains and subalterns of their respective regiments; the brigadier generals, in like manner, by the field- officers of their respective brigades. *** SEND *** *** SSTART 002.0 007.0 0 ME 1819 *** SEC. 2. The legislature shall, by law, direct the manner of notifying the electors, conducting the elections, and making the returns to the governor of the officers elected; and if the electors shall neglect or refuse to make such elections, after being duly notified according to law, the governor shall appoint suitable persons to fill such offices. *** SEND *** *** SSTART 003.0 007.0 0 ME 1819 *** SEC. 3. The major-general shall be elected by the senate and house of representatives, each having a negative on the other. The adjutant-general and quartermaster-general shall be appointed by the governor and council; but the adjutant-general shall perform the duties of quartermaster-general until otherwise directed by law. The major-generals and brigadier-generals and the commanding officers of regiments and battalions shall appoint their respective staff-officers; and all military officers shall be commissioned by the governor. *** SEND *** *** SSTART 004.0 007.0 0 ME 1819 *** SEC. 4. The militia, as divided into divisions, brigades, regiments, battalions, and companies, pursuant to the laws now in force, shall remain so organized until the same shall be altered by the legislature. *** SEND *** *** SSTART 005.0 007.0 0 ME 1819 *** SEC. 5. Persons of the denomination of Quakers and Shakers, justices of the supreme judicial court, and ministers of the gospel, may be exempted from military duty; but no other person, of the age of eighteen and under the age of forty-five years, excepting officers of the militia who have been honorably discharged, shall be so exempted, unless he shall pay an equivalent, to be fixed by law. *** SEND *** *** AEND *** *** ASTART 008.0 ME 1819 *** ARTICLE VIII. Literature. *** SSTART 001.0 008.0 0 ME 1819 *** A general diffusion of the advantages of education being essential to the preservation of the rights and liberties of the people, to promote this important object, the legislature are authorized, and it shall be their duty, to require the several towns to make suitable provision, at their own expense, for the support and maintenance of public schools, and it shall further be their duty to encourage and suitably endow, from time to time, as the circumstances of the people may authorize, all academies, colleges, and seminaries of learning within the State: Provided, That no donation, grant, or endowment shall at any time be made by the legislature to any literary institution now established, or which may hereafter be established unless, at the time of making such endowment, the legislature of the State shall have the right to grant any further powers to alter, limit, or restrain an of the powers vested in any such literary institution as shall be judged necessary to promote the best interests thereof. *** SEND *** *** AEND *** *** ASTART 009.0 ME 1819 *** ARTICLE IX. General Provisions. *** SSTART 001.0 009.0 0 ME 1819 *** SECTION 1. Every person elected or appointed to either of the places or offices provided in this constitution and every person elected, appointed, or commissioned to any judicial, executive, military, or other office under this State, shall, before he enter on the discharge of the duties of his place or office, take and subscribe the following oath or affirmation: "I, _______ _________, do swear that I will support the Constitution of the United States and of this State, so long as I shall continue a citizen thereof: So help me God." "I ______ ______, do swear that I will faithfully discharge, to the best of my abilities, the duties incumbent on me as _________ __________, according to the constitution and the laws of the State: So help me God." Provided, That an affirmation in the above forms may be substituted, when the persons shall be conscientiously scrupulous of taking and subscribing an oath. The oaths or affirmations shall be taken and subscribed by the governor and councillors before the presiding officer of the senate, in the presence of both houses of the legislature, and by the senators and representatives before the governor and council, and by the residue of said officers before such person as shall be prescribed by the legislature; and whenever the governor or any councillor shall not be able to attend, during the session of the legislature, to take and subscribe said. oaths or affirmations, such oaths or affirmations may be taken and subscribed, in the recess of the legislature, before any justice of the supreme judicial court: Provided, That the senators and representatives first elected under this constitution shall take and subscribe such oaths or affirmations before the president of the convention. *** SEND *** *** SSTART 002.0 009.0 0 ME 1819 *** SEC. 2. No person holding the office of justice of the supreme judicial court or of any inferior court, attorney- general, county attorney, treasurer of the State, adjutant-general, judge of probate, register of probate, register of deeds, sheriffs or their deputies, clerks lie judicial courts, shall be a member of the legislature; and any person holding either of the foregoing offices, elected to and accept- ing a seat in the Congress of the United States, shall thereby vacate said office; and no person shall be capable of holding or exercising at the same time, within this State, more than one of the offices before mentioned. *** SEND *** *** SSTART 003.0 009.0 0 ME 1819 *** SEC. 3. All commissions shall be in the name of the State, signed by the governor, attested by the secretary or his deputy, and have the seal of the State thereto affixed. *** SEND *** *** SSTART 004.0 009.0 0 ME 1819 *** SEC. 4. And in case the elections required by this constitution on the first Wednesday of January, annually, by the two houses of the legislature, shall not be completed on that day, the same may be adjourned from day to day until completed, in the following order: The vacancies in the senate shall first be filled; the governor shall then be elected, if there be no choice by the people; and afterwards the two houses shall elect the council. *** SEND *** *** SSTART 005.0 009.0 0 ME 1819 *** SEC. 5. Every person holding any civil office under this State may be removed by impeachment, for misdemeanor in office; and every person holding any office may be removed by the governor, with the advice of the Council, on the address of both branches of the legislature. But, before such address shall pass either house, the causes of removal shall be stated and entered on the journal of the house in which it originated, and a copy thereof served on the person in office, that he may be admitted to a hearing in his defence. *** SEND *** *** SSTART 006.0 009.0 0 ME 1819 *** SEC. 6. The tenure of all offices, which are not or shall not be otherwise provided for, shall be during the. pleasure of the governor and council. *** SEND *** *** SSTART 007.0 009.0 0 ME 1819 *** SEC. 7. While the public expenses shall be assessed on polls and estates, a general valuation shall be taken at least once in ten years. *** SEND *** *** SSTART 008.0 009.0 0 ME 1819 *** SEC. 8. All taxes upon real estate, assessed by authority of this State, shall be apportioned and assessed equally, according to the just value thereof. *** SEND *** *** AEND *** *** ASTART 010.0 ME 1819 *** ARTICLE X. Schedule. *** SSTART 001.0 010.0 0 ME 1819 *** SECTION 1.The first legislature shall meet on the last Wednesday in May next. The elections on the second Monday in September, annually, shall not commence until the year one thousand eight hundred and twenty-one, and, in the mean time, the election for governor, senators, and representatives shall be on the first Monday in April, in the year of our Lord one thousand eight hundred and twenty; and at this election the same proceedings shall be had as are required at the elections provided for in this constitution, on the second Monday in September, annually, and the lists of the votes for the governor and senators shall be transmitted by the town and plantation clerks, respectively, to the secretary of state pro tempore, seventeen days at least before the last Wednesday in May next; and the president of the convention shall in presence of the secretary of state pro tempore open and examine the attested copies of said lists, so returned for senators, and shall have all the powers and be subject to all the duties in ascertaining, notifying, and summoning the senators who appear, to be elected, as the governor and council have, and are subject to, by this constitution: Provided, He shall notify said senators fourteen days at least before the last Wednesday in May, and vacancies shall be ascertained and filled in the manner herein provided; and the senators to be elected on the said first Monday of April shall be apportioned as follows: The county of York shall elect three; the county of Cumberland shall elect three; the county of Lincoln shall elect three; the county of Hancock shall elect two; the county of Washington shall elect one; the county of Kennebec shall elect three; the county of Oxford shall elect two; the county of Somerset shall elect two; the county of Penobscot shall elect one. And the members of the house of representatives shall be elected, ascertained, and returned in the same manner as herein provided at elections on the second Monday of September; and the first house of representatives shall consist of the following number, to be elected as follows: County of York.--The towns of York and Wells may each elect two representatives, and each of the remaining towns may elect one. County of Cumberland--The town of Portland may elect three representatives; North Yarmouth, two; Brunswick, two; Gorham, two; Freeport and Pownal, two; Raymond and Otisfield, one; Bridgeton, Baldwin, and Harrison, one; Poland and Danville, one; and each remaining town, one. County of Lincoln.--The towns of Georgetown and Phippsburgh may elect one representative; Lewiston and Wales, one; Saint George, Cushing and Friendship, one; Hope and Appleton Ridge one; Jefferson, Putnam, and Patricktown Plantation one; Alba and Whitefield, one; Montville, Palermo, and Montville Plantation, one; Woolwich and Dresden, one; and each remaining town, one. County of Hancock.--The town of Bucksport may elect one representative; Deer Island, one; Castine and Brooksville, one; Orland and Penobscot, one; Mount Desert and Eden one; Vinalhaven and Isleborough, one; Sedgwick and Blue Hill, one; Gouldsborough, Sullivan, and Plantations Nos. 8 and 9, north of Sullivan, one; Surry, Ellsworth, Trenton, and Plantation of Mariaville, one; Lincolnville, Searsmont, and Belmont, one; Belfast and Northport, one; Prospect and Swanville, one; Frankfort and Monroe, one; Knox, Brooks, Jackson, and Thorndike, one. County of Washington.--The towns of Steuben, Cherryfield, and Harrington may elect one representative; Addison Columbia, and Jonesborough, one; Machias, one; Lubec, Dennysville, Plantations No. 9, No. 10, No. 11, No. 12, one; Eastport, one; Perry, Robinson, Calais, Plantations No. 3, No. 6, No. 7, No. 15, and No., 16, one. County of Kennebec.--The towns of Belgrade and Dearborn may elect one representative; Chesterville, Vienna, and Rome, one; Wayne and Fayette, one; Temple and Wilton, one; Winslow and China one; Fairfax and Freedom, one; Unity, Joy, and Twenty-five Mile Pond Plantation, one; Harlem and Malta, one; and each remaining town, one. County of Oxford.--The towns of Dixfield, Mexico, Weld, and Plantations Nos. 1 and 4, may elect one representative; Jay and Hartford, one; Livermore, one; Rumford, East Andover, and Planta- tions Nos. 7 and 8, one; Turner, one; Woodstock, Paris, and Greenwood, one; Hebron and Norway, one; Gilead, Bethel, Newry, Albany, and Howard's Gore, one; Porter, Hiram, and Brownfield, one; Waterford, Sweden, and Lovell, one; Denmark, Fryeburgh, and Fryeburgh Addition, one; Buckfield and Sumner, one. County of Somerset.-- The town of Fairfield may elect one representative; Norridgwock and Bloomfield, one; Starks and Mercer, one; Industry, Strong, and New Vineyard, one; Avon, Phillips, Freeman, and Kingfield, one; Anson, New Portland, Embden, and Plantation No. 1, one; Canaan, Warsaw, Palmyra, Saint Albans, and Corinna, one; Madison, Solon, Bingham, Moscow, and Northhill, one; Cornville, Athens, Harmony, Ripley, and Warrenstown, one. County of Penobscot.- The towns of Hampden and Newburgh may elect one representative; Orrington, Brewer, and Eddington, and plantations adjacent, on the east side of Penobscot River, one; Bangor, Orono, and Sunkhaze Plantation, one; Dixmont, Newport, Carmel, Harmon, Stetson, and Plantation No. 4, in the 6th range, one; Levant, Corinth, Exeter, New Charleston, Blakesburgh, Planta- tion No. 1, in 3d range, and Plantation No. 1, in 4th range, one; Dexter, Garland, Guilford, Sangerville, and Plantation No. 3, in 6th range, one; Atkinson, Sebec, Foxcroft, Brownville, Williamsburgh, Plantation No. 1, in 7th range, and Plantation No. 3, in 7th range, one. And the secretary of state pro tempore shall have the same powers and be subject to the same duties, in relation to the votes for governor, as the secretary of state has and is subject to by this constitution; and the election of governor shall, on the said last Wednesday in May, be determined and declared in the same manner as other elections of governor are by this constitution; and, in case of vacancy in said office, the president of the senate and the speaker of the house of representatives shall exercise the office as herein otherwise provided, and the councillors, secretary, and treasurer shall also be elected on the said day, and have the same powers, and be subject to the same duties, as is provided in this constitution; and in case of the death or other disqualification of the president of the convention, or of the secretary of state pro tempore, before the election and qualification of the governor or secretary of state under this constitution, the persons to be designated by this convention, at their session in January next, shall have all the powers and perform all the duties which the president of this convention, or the secretary pro tempore, to be by them appointed, shall have and perform. *** SEND *** *** SSTART 002.0 010.0 0 ME 1819 *** SEC. 2. The period for which the governors, senators and representatives, councillors, secretary, and treasurer, first elected or appointed, are to serve in their respective offices and places shall commence on the last Wednesday in May, in the year of our Lord one thousand eight hundred and twenty, and continue until the first Wednesday of January, in the year of our Lord one thousand eight hundred and twenty-two. *** SEND *** *** SSTART 003.0 010.0 0 ME 1819 *** SEC. 3. All laws now in force in this State, and not repugnant to this constitution shall remain and be in force until altered or repealed by the legislature or shall expire by their own limitation. *** SEND *** *** SSTART 004.0 010.0 0 ME 1819 *** SEC. 4. The legislature, whenever two-thirds of both houses shall deem it necessary, may propose amendments to this Constitution; and when any amendment shall be so agreed upon a resolution shall be passed and sent to the selectmen of the several towns and the assessors of the several plantations, empowering and directing them to notify the inhabitants of their respective towns and plantations, in the manner prescribed by law, at their next annual meetings in the month of September, to give in their votes on the question whether such amendment shall be made; and if it shall appear that a majority of the inhabitants voting on the question are in favor of such amendment, it shall become a part of this constitution. *** SEND *** *** SSTART 005.0 010.0 0 ME 1819 *** SEC. 5. All officers provided for in the sixth section of an act of the commonwealth of Massachusetts, passed on the 19th day of June, in the year Of Our Lord one thousand eight hundred and nineteen, entitled "An act relating to the separation of the District of Maine from Massachusetts proper, and forming the same into a separate and independent State," shall continue in office, as therein provided; and the following provisions of said act shall be a part of this constitution; subject, however, to be modified or annulled, as therein is prescribed, and not otherwise, to wit: "SECTION 1. Whereas it has been represented to this legislature that a majority of the people of the District of Maine are desirous of establishing a separate and independent government within said District: Therefore, "Be it enacted by the senate and house of representatives in general court assembled, and by the authority of the same, That the consent of this commonwealth be, and the same is hereby, given that the District of Maine may be formed and erected into a separate and independent State, if the people of the said District shall, in the manner and by the majority hereinafter mentioned, express their consent and agreement thereto, upon the following terms and conditions, and provided the Congress of the United States shall give its consent the fourth day of March next; which terms and conditions are as follows, viz: "First. All the lands and buildings belonging to the commonwealth, within Massachusetts proper, shall continue to belong to said commonwealth; and all the lands belonging to the commonwealth within the District of Maine shall belong, the one-half thereof to the said commonwealth, and the other half thereof to the State to be formed within the said District, to be divided as is hereinafter mentioned; and the lands within the said District which shall belong to the said commonwealth shall be free from taxation, while the title of said lands remains in the commonwealth; and the right of the commonwealth to their lands within said District and the remedies for the recovery thereof, shall continue the same within the proposed State, and in the courts thereof, as they now are within the said commonwealth, and in the courts thereof; for which purposes, and for the maintenance of its rights and recovery of its lands, the said commonwealth shall be entitled to all other proper and legal remedies, and may appear in the courts of the proposed State, and in the courts of the United States holden therein; and all rights of action for, or entry into lands, and of action upon bonds, for the breach of the performance of the condition of settling duties, so called, which, have accrued, or may accrue, shall remain in this commonwealth, to be enforced, commuted, released, or otherwise disposed of, in such manner as this commonwealth may hereafter determine: Provided however, That whatever this commonwealth may hereafter receive or obtain on account thereof, if anything, shall, after deducting all reasonable charges relating thereto, be divided, one third part thereof to the new State, and two third parts thereof to this commonwealth. "Second. All the arms which have been received by this commonwealth from the United States, under the law of Congress entitled, 'An act making provision for arming and equipping the whole body of militia of the United States," passed April the twenty-third, one thousand eight hundred and eight, shall, as soon as the said District shall become a separate State, be divided between the two States, in proportion to the returns of the militia, according to which the said arms have been received from the United States as aforesaid. "Third. All money, stock, or other proceeds, hereafter derived from the United States, on account of the claim of this commonwealth for disbursements made and expenses incurred for the defence of the State during the late war with Great Britain, shall be received by this commonwealth; and, when received, shall be divided between the two States, in the proportion of two-thirds to this commonwealth and one-third to the new State. "Fourth. All other property, of every description, belonging to the common wealth, shall be holden and receivable by the same, as a fund and security for all debts, annuities, and Indian subsidies or claims, due by said commonwealth; and within two years after the said District shall have become a separate State, the commissioners to be appointed, as hereinafter provided, if the said States cannot otherwise agree, shall assign a just portion of the productive property so held by said commonwealth, as an equivalent and indemnification to said commonwealth for all such debts, annuities, or Indian sub- sidies, or claims, which may then remain due or unsatisfied; and all the surplus of the said property, so holden as aforesaid, shall be divided between the said commonwealth and the said District of Maine, in the proportion of two-thirds to the said commonwealth and one-third to the said District; and if in the judgment of the said commissioners the whole of aid property, so held as a fund and security, shall not be sufficient indemnification for the purpose, the said District shall be liable for and shall pay to said commonwealth one-third of the deficiency. "Fifth. The new State shall, as soon as the necessary arrangements can be made for that purpose, assume and perform all the duties and obligations of this commonwealth towards the Indians within said District of Maine, whether the same arise from treaties or otherwise; and for this purpose shall obtain the assent of said Indians, and their release to this commonwealth of claims and stipulations arising under the treaty at present existing between the said commonwealth and said Indians; and, as indemnification to such new State therefor, this commonwealth, when such arrangements shall be com- pleted, and the said duties and obligations assumed, shall pay to said new State the value of thirty thousand dollars in manner following, viz: The said commissioners shall set off, by metes and bounds, so much of ally part of the land within the said District falling to this commonwealth, in the division of the public lands hereinafter provided for, as in their estimation shall be of the value of thirty thousand dollars; and this commonwealth shall, thereupon, assign the same to the said new State, or in lieu thereof may pay the sum of thirty thousand dollars, at its election; which election of the said commonwealth shall be made within one year from the time that notice of the doings of the commissioners on this subject shall be made known to the governor and council, and if not made within that time, the election shall be with the new State. "Sixth. Commissioners, with the powers and for the purposes mentioned in this act, shall be appointed in manner following: The executive authority of each State shall appoint two, and the four so appointed, or the major part of them, shall appoint two more; but if they cannot agree in the appointment, the executive of each State shall appoint one in addition; not, however, in that case, to be a citizen of its own State. And any vacancy happening with respect to the commissioners shall be supplied in the manner provided for their original appointment; and, in addition to the powers herein- before given to said commissioners, they shall have full power and authority to divide all the public lands within the District between the respective States in equal shares or moieties, in severalty, having regard to quantity, situation, and quality; they shall determine what lands shall be surveyed and divided, from time to time, the expenses of which surveys and of the commissioners shall be borne equally by the two States. They shall keep fair records of their doings, and of the surveys made by their direction, copies of which records, authenticated by them, shall be deposited, from time to time, in the archives of the respective States, transcripts of which, properly certified, may be admitted in evidence in all questions touching the subject to which they relate. The executive authority of each State may revoke the power of either or both its commissioners, having, however, first appointed. a substitute or substitutes, and may fill any vacancy happening with respect to its own commissioners; four of said commissioners shall constitute a quorum for the transaction of business; their decision shall be final upon subjects within their cognizance. In case said commission shall expire, the same not having been completed, and either State shall request the renewal or filling up of the same it shall be renewed or filled up in the same manner as is provided for filling the Same in the first instance, and with the like powers; and if either State shall, after six months notice neglect or refuse to appoint its commissioners, the other may fill up the whole commission. "Seventh. All grants of lands, franchises, immunities, corporate or other rights, and all contracts for or grants of lands not yet located which have been or may be made by the said commonwealth before the separation of said District shall take place, and having or to have effect within the said District, shall continue in full force after the said District shall become a separate State. But the grant which has been made to the president and trustees of Bowdoin College out of the tax laid upon the banks within this commonwealth shall be charged upon the tax upon the banks within the said District of Maine, and paid according to the terms of said grant; and the president and trustees and the overseers of said college shall have, hold, and enjoy their powers and privileges in all respects, so that the same shall not be subject to be altered, limited, annulled, or restrained, except by judicial process, according to the principles of law; and, in all grants hereafter to be made, by either State, of unlocated land within the said District, the same reservations shall be made for the benefit of schools and of the ministry as have heretofore been usual in grants made by this commonwealth. And all lands heretofore granted by this commonwealth to any religious, literary, or eleemosynary corporation or society shall be free from taxation while the same continues to be owned by such corporation or society. "Eighth. No laws shall be passed in the proposed State with regard to taxes, actions, or remedies at law, or bars or limitations thereof, or otherwise making any distinction between the lands and rights of property of proprietors not resident in, or not citizens of, said proposed State, and the lands and rights of property of the citizens of the proposed State resident therein; and the rights and liabilities of all persons shall, after the said separation, continue the same as if the said District was still a part of this commonwealth, in all suits pending or judgments remaining unsatisfied on the fifteenth day of March next, where the suits have been commenced in Massachusetts proper and process has been served within the District of Maine, or commenced in the District of Maine and process has been served in Massachusetts proper, either by taking bail, making attachments, arresting and detaining persons, or otherwise, where execution remains to be done; and in such suits the courts within Massachusetts proper, and within the proposed State, shall continue to have the same jurisdiction as if the said District had still remained a part of the commonwealth. And this commonwealth shall have the same remedies within the proposed State as it now has for the collection of all taxes, bonds, or debts which may be assessed, due, made, or contracted by, to, or with the commonwealth on or before the said fifteenth day of March, within the said District of Maine, and all officers within Massachusetts proper and the District of Maine shall conduct themselves accordingly. "Ninth. These terms and conditions, as here set forth, when the said District shall become a separate and independent State, shall, ipso facto, be incorporated into and become and be a part of any constitution, provisional or other, under which the government of the said proposed State shall, at any time hereafter, be administered, subject, however, to be modified or annulled by the agreement of the legislature of both the said States, but by no other power or body whatsoever." *** SEND *** *** SSTART 006.0 010.0 0 ME 1819 *** SEC. 6. This constitution shall be enrolled on parchment, deposited in the secretary's office, and be the supreme law of the State, and printed copies thereof shall be prefixed to the books containing the laws of this State. *** SEND *** *** AEND *** *** CEND ***