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the said last Wednesday in May, be determined and declarer), 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 counsellors, 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 governor, senators, and representatives, counsellors, 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laws now in force in this state, and not repugnant to this constitution, shall remain and be in force, until altered or repealed by the legislature, or shall expire by their own limi. tation.

4. The legislature, whenever two-thirds of both houses shall deemit 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 majorityof the inhabitants voting on the question are in favour 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 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 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 to 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 ihe 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 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 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 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 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, 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 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 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 expense of which surveys and of the commissioners, shall be borne cqually 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 all subjects within their cognizance, In case said cornmission 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 herein 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

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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 per. sons, 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 them. selves 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,

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