ment to the Constitution, IS NOT DOING BUSINESS!

We have assumed, for a moment,the position, that even in the Constitution of Maine, the same language, used in relation to similar subjects, though in a different section, conveys the same meaning. In the language of almost any other work, such coincidences would be conclusive evidence as to the intention of the writer. In this case, however, it was an assumption only; perhaps an unwarrantable assumption-for Art. IV, Sect. 10, shows, that, in this instrument, the same language so far from meaning the same thing, when applied to similar subjects in different sections, does not always mean the same thing, when applied to the same subject, in the same sentence!

"SECT. 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 emoluments 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 the members of the first Legislature."

Are the words election and appointment synonymous? If so, why is a distinction made between them? If not, it would be more difficult to divine the meaning of this section, than it was to solve the riddle proposed by Samson to the Philistines.

ARTICLE V. Part First.

EXECUTIVE POWER.

"SECT. 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 [the election of] 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."

They shall be sealed," &c, "They," as here used, stands for "meetings" as well as for "votes" therefore in order to comply with the provisions of this Section,the "meetings for election of Governor," must be, not only "sorted, counted," &c.,but, "sealed and returned into the Secretary's office!" but allowing "they" to stand for "votes" and for this word only, there appears to be another rather singular provision in this Sectionthat is, if the language of it is to be taken literally. "They [the votes] shall be sealed and returned," &c. The votes for Governor must be "sealed!" Yea, "sealed" like a writ, deed, or bond! Quere-should they not be witnessed also?

We should have supposed, that the little word up had been omited by the printer, had not the Secretary of State certified, that the language had been "carefully compared" with that of the "original copy deposited in his office;" and, that it appeared to be "correctly printed."

SECT. 4. The Governor shall, at the commencement of his term, be not less than thirty years of age,

&c. and at the time of his election, and during the term for which he is [shall be] elected, be a resident of said State."

This reminds us of the law established by a wise nation of antiquity, which required the people thereof to sleep a certain number of hours every night! The Governor is required to be thirty years of age, &c.! Surely no one can become " Governor" of this State, until elected, and when this has been done, we do not see how he can control his age!

Should not this Section run thus, "No person shall be eligible to the office of Governor" &c.

"SECT. 5. No person holding any (other) office or place under the United States, this State, or any other power, shall exercise the office of Governor."

"SECT. 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."

"Increased" and "diminished" are here used, as though their meaning were synonynous. "Shall not be increased nor diminished," would have given the meaning; but, "shall neither be increased nor diminished" is better English.

"SECT. 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," &c.

'Except when" who, or which is "called?" the Governor? or the "navy and militia?" Why not say, "except when they are called," &c.?

"SECT. 8. He shall nominate, and, with the advice and consent of the Council, appoint all judicial officers, the Attorney General, the Sheriffs, 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,” &c.

"He shall nominate, &c. the Attorney General, the Sheriffs, Coroners, Registers of Probate, Notaries Public, and all other civil and military officers," &c. Which, among the preceding, are military officers?

"SECT. 13. 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 [after] the last adjournment, the place where the Legislature were next to convene shall have become dangerous from an enemy or contagious sickness," &c.

"SECT. 14. Whenever the office of Governor shall [have] 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 [have beer.] 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 [have] become vacant, in the recess of the Senate, the person, acting as Secretary of State for the time being, shall by proclama

tion convene the Senate, that a President may be chosen to exercise the office of Governor."

"Death or other disqualification." Το say, that a man is disqualified for an office by death, although the assertion may be true, is a singular, and, we think, an unwarantable use of terms; especially so, if considered in a legal sense. Again,

And the Senate or the House [as the case may be] shall fill the vacancy, until his duties as Governor shall cease." [shall have ceased.]

Why did not the writer say something like this "the Senate or the House, shall by vote elect a suitable person to fill the vacancy until," &c.? Was not this the meaning intended? One would infer from the language used, that the Senate, or the House, as a body, is required "to fill the vacancy until," &c. Figurative expressions will do for poetry, but plain language is better suited to the design of legal instruments.

ARTICLE V.-Part Second.

COUNCIL.

"SECT. 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 Counsellor may enter his dissent to the resolution of the majority."

Was a more awkward sentence than this ever formed?" The resolutions," &c.,are “to be recorded in the register"-the register [that is, if "which" stands for register] may then be taken "into either House of the Leg