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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; Bridgton, Baldwin, and Harrison, one; Poland and Danville, one; and each remaining town, one.
County of Lincoln.—The towns of Georgetown and Phipsburg may elect one representative ; Lewistown and Wales, one; St. 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 Bluehill, 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 Twentyfive Mile Pond Plantation, one; Harlem and Malta, one; and each remaining town, one.
County of Oxford.—The towns of Dixfield, Mexico, Wield, and Plantations Nos. 1 and 4, may elect one representative; Jay and Hartford, one; Livermore, one; Rumford, East Andover, and Plantations 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, Fryeburg, and Fryeburg 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, St. 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 Newburg 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, Hermon, Stetson, and Plantation No. 4, in the 6th range, one; Levant, Corinth, Exeter, New Charlestown, Blakesburg, Plantation 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 Speaker of the House of Representatives, shall exercise the office as herein otherwise provided, and the counselors, 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 this 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.
2. The period for which the governors, senators and representatives, counselors, 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.
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.
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.
5. All officers provided for in the sixth section of an act of the Commonwealth of Massachusetts, passed on the nineteenth 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:
“ Sect. 1. Whereas it has been represented in 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 thereto before 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 the said lands remains in the commonwealth ; and the rights 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 any thing shall. after deducting all reasonable charges relating there. to, be divided, one-third part thereof to the new State, and twothird 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 commonwealth, 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 subsidies, or claims, which may 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 onethird to the said district; and if, in the judgment of the said commissioners, the whole of said 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, onethird 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 completed, 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 any 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 purpose mentioned in this act, shall be appoinied in manner following: The exe· cutive 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 hereinbefore 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