haze 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, Williamsburg, 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 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.

SEC. 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 Wednes

day of January, in the year of our Lord one thousand eight hundred and twenty two.

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laws now in force in this state, and not repugnant to this constitution, shall remain, and be in force until altered or repealed by the legislature, or shall expire by their own limitation.

SEC. 4. The legislature, whenever two thirds of both houses shall deem it necessary, may propose amendments to this constitution; and when any amendments 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.

SEC. 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:

"Sec. 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 governmen 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 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 actions 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, releas ed, 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 provisions 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, annuties 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 an 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 cf 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