vided, 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 any of the powers vested in any such literary institution, as shall be judged necessary to promote the best interests thereof.

ARTICLE 9.

General Provisions.

§ 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 counsellors 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 counsellor 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.

2. No person holding the office of justice of the supreme judicia. court, or of any inferior court, attorney-general, county attorney, trea surer of the state, adjutant-general, judge of probate, register of probate register of deeds, sheriffs or their deputies, clerks of the judicial courts, shall be a member of the legislature; and any person holding either of the foregoing offices, elected to and accepting 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.

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.

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 tnere be ne choice by the people; and, afterwards, the two houses shall elect the council.

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 shal 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.

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. 7. While the public expenses shall be assessed on polls and estates, a general valuation shall be taken at least once in ten years.

8. All taxes upon real estate, assessed by authority of this state, shall be apportioned and assessed equally, according to the just value thereof.

ARTICLE 10.
Schedule.

§ 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 pro vided; 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, No. 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, 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 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 governors, 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 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 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 Ge neral 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 in dependent 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 o: the United States shall give its consent thereto before the fourth day of March next: which terms and conditions are as follow, 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 thereto, 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.