at the same time, and for the same term, as the representatives, by the qualified electors of the districts into which the state shall, from time to time, be divided.

Sec. 2. The legislature which shall be first convened under this constitution shall, on or before the fifteenth day of August, in the year of our lord one thousand eight hundred and twenty one, and the legislature at every subsequent period of ten years, cause the state to be divided into districts for the choice of senators. The districts shall conform, as near as may be, to county lines, and be apportioned according to the number of inhabitants. The number of senators shall not exceed twenty at the first apportionment, and shall, at each apportionment, be increased, until they shall amount to thirty-one, according to the increase in the house of representatives.

Sec. 8. The senate shall choose their president, secretary, and other officers.

ARTICLE IV,-PART THIRD.

Legislative power.

Sec. 1 The legislature shall convene on the first Wednesday of January annually, and shall have full power to make and establish all reasonable laws and regulations for the defence and benefit of the people of this state, not repugnant to this constitution nor to that of the United States.

Sec. 2. Every bill or resolution, having the force of law, to which the concurrence of both houses may be necessary, except on a question of adjournment, which shall have passed both houses, shall be presented to the governor, and, if he approve, he shall sign it; if not, he shall return it, with his objections, to the house in which it shall have originated, which shall enter the objections at large on its journals, and proceed to reconsider it. If, after such reconsideration, two thirds of that house shall agree to pass it, it shall be sent, together with the objections, to the other house, by which it shall be

Sec. 3. The meetings for the election of senators shall be notified, held, and regulated, and the votes received, sorted, counted, declared, and recorded, in the same manner as those for representatives. And fair copies of the lists of votes shall be attest-reconsidered, and, if approved by two thirds of that ed by the selectment and town clerks of towns, and - the assessors and clerks of plantations, and sealed up in open town and plantation meetings, and the townand plantation clerks, respectively, shall cause the same to be delivered into the secretary's office, thirty days at least before the first Wednesday of January. All other qualified electors, living in places unincorporated, who shall be assessed to the support of government, by the assessors of an adjacent town, shall have the privilege of voting for senators, representatives, and governor, in such town; and shall be notified by the selectmen thereof, for that purpose, accordingly.

house, it shall have the same effect, as if it had been signed by the governor: but, in all such cases, the votes of both houses shall be taken by yeas and nays, and the names of the persons voting for and against the bill or resolution shall be entered on the journals of both houses respectively. If the bill or resolution shall not be returned by the governor, within five days, (Sundays excepted) after it shall have been presented to him, it shall have the same force and effect as if he had signed it, unless the legislature, by their adjournment, prevent its return, in which case it shall have such force and effect, unless returned within three days after their next meeting

Sec. 4. The governor and council shall, as soon as may be, examine the returned copies of such Sec. 3. Each house shall be the judge of the lists, and, twenty days before the said first Wednes-elections and qualifications of its own members, and day of January, issue a summons to such persons a majority shall constitute a quorum to do business; as shall appear to be elected by a majority of the but a smaller number may adjourn from day to day, votes in each district, to attend that day and take and may compel the attendance of absent members, their seats. in such manner and under such penalties, as each

Sec. 5. The senate shall, on the said first Wed-house shall provide. nesday of January, annually, determine who are Sec. 4. Each house may determine the rules of elected by a majority of votes to be senators in each of its proceedings, punish its members for disorderdistrict; and in case the full number of senators to ly behavior, and, with the concurrence of two thirds, be elected from each district shall not have been expel a member, but not a second time for the same so elected, the members of the house of representatives, and such senators as shall have been elected,

shall, from the highest numbers of the persons voted for, on said lists, equal to twice the number of senators deficient, in every district, if there be so many voted for, elect by joint ballot the number of senators required; and in this manner all vacancies in the senate shall be supplied, as soon as may be, after such vacancies happen.

Sec. 6. The senators shall be twenty five-years of age at the commencement of the term for which they are elected, and in all other respects their qualifications shall be the same as those of the representatives.

cause.

Sec. 5. Each house shall keep a journal, and from time to time publish its proceedings, except such parts as, in their judgment, may require seeither house, on any question, shall, at the desire crecy; and the yeas and nays of the members of of one fifth of those present, be entered on the journals.

Sec. 6. Each house, during its session, may pu nish by imprisonment, any person, not a member, for disrespectful or disorderly bel avior in its presence, for obstructing any of its proceedings, threatning, assaulting, or abusing any of its members, for any thing said, done, or doing in either house: Provid ed, that no imprisonment shall extend beyond the period of the same session.

Sec. 7. The senate shall have the sole power to try all impeachments, and, when sitting for that put- Sec. 7. The senators and representatives shall pose, shall be on oath or affirmation, and no person receive such compensation as shall be established shall be convicted without the concurrence of two by law; but no law increasing their compensation thirds of the members present. Their judgment, shall take effect during the existence of the legislahowever, shall not extend further than to re-ture which enacted it. The expenses of the memmoval from office, and disqualification to hold or enjoy any office of honor, trust or profit under this state. But the party, whether convicted or acquit ted, shall nevertheless be liable to indictment, trial, judgment, and punishment, according to law.

bers of the house of representatives in travelling to the legislature, and returning therefrom, once in each session, and no more, shall be paid by the state out of the public treasury, to every member who shall seasonably attend, in the judgment of the

house, and does not depart therefrom without | ceive for his services a compensation, which shall leave. not be increased or diminished during his continuance in office.

Sec. 8. The senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at, going to, and returning from each session of the legislature, and no member shall be liable to answer for any thing spoken in debate in either house, in any court or place else where.

Sec. 9. Bills, orders, or resolutions, may originate in either house, and may be altered, amended or rejected in the other; but all bills for raising a revenue shall originate in the house of representatives, but the senate may propose amendments as in other cases: Provided, that they shall not, under color of amendment, introduce any new matter, which does not relate to raising a revenue.

Sec. 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.

Sec. 11. No member of congress, nor person holding any office under the United States, (post officers excepted,) nor office of profit under this state, justices of the peace, notaries public, coroners, and officers of the militia excepted, shall have a seat in either house during his being such member of congress, or his continuing in such office.

Sec. 12. Neither house shall, during the session, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the houses shall be sitting.

ARTICLE V.-PART FIRST.

Executive power.

Sec. 1. The supreme executive power of this state shall be vested in a governor.

Sec. 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; but he shall not march nor convey any of the citizens out of the state without their consent, or that of the legislature, unless it shall become necessary, in order to march or transport them from one part of the state to another, for the defence thereof.

Sec. 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 con sent of the council, appoint all other civil and military officers, whose appointment is not, by this constitution, or shall not by law be otherwise provided for; and every such nomination shall be made seven days, at least, prior to such appointment.

Sec. 9. He shall, from time to time, give the legislature information of the condition of the state, and recommend to their consideration such mea sures as he may judge expedient.

Sec. 10. He may require information from any military officer, or any officer in the executive department, upon any subject relating to the duties of their respective offices.

Sec. 11. He shall have power, with the advice and consent of the council, to remit, after conviction, all forfeiture and penalties, and to grant reprieves and pardons, except in cases of impeachment.

Sec. 12. He shall take care that the laws be faith fully executed.

Sec. 13. He may, on extraordinary occasions, convene the legislature; 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 the last adjournment. the place where the legislature were next to convene shall have become dangerous, from an enemy or contagious sickness, may direct the session to be held at some other convenient place within the state.

Sec. 2. The governor shall be elected by the qualified electors, and shall hold his office one year, from the first Wednesday of January in each year. Sec. 3. The meetings for the election of governor shall be notified, held and regulated, and votes shall be received, sorted, counted, declared and record ed, in the same manner as those for senators and Sec. 14. Whenever the office of governor shall berepresentatives. They shall be sealed and return- come vacant by death, resignation, removal from of ed into the secretary's office, in the same manner, fice or otherwise, the president of the senate shall exand at the same time, as those for senators. And ercise the office of governor until another governor the secretary of state for the time being shall, on shall be duly qualified; and in case of the death, the first Wednesday of January then next, lay the resignation, removal from office, or other disqualifilists before the senate and house of representa- cation, of the president of the senate, so exercising tives, to be by them examined, and, in case of a the office of governor, the speaker of the house of choice by a majority of all the votes returned, representatives shall exercise the office, until a prethey shall declare and publish the same. But if sident of the senate shall have been chosen; and no person shall have a majority of votes, the house when the office of governor, president of the seof representatives shall, by ballot, from the per-nate, and speaker of the house, shall become vacant, sons having the four highest numbers of votes on the lists, if so many there be, elect two persons, and make return of their names to the senate, of whom the senate shall, by ballot, elect one, who shall be declared the governor.

in the recess of the senate, the person acting as secretary of state, for the time being, shall, by proclamation, convene the senate, that a president may be chosen to exercise the office of governor. And whenever either the president of the senate, or Sec. 4. The governor shall, at the commencement speaker of the house, shall so exercise said office, of his term, be not less than thirty years of age; a he shall receive only the compensation of governor, natural born citizen of the United States, have been but his duties as president or speaker shall be sus five years, or from the adoption of this constitution,pended; and the senate or house shall fill the vacana resident of the state; and, at the time of his elec-cy, until his duties as governor shall cease. tion, and during the term for which he is elected, be a resident of said state.

Sec. 5. No person holding any office or place under the United States, this state, or any other power, shall exercise the office of governor.

ARTICLE V-PART SECOND.
Council.

Sec. 1. There shall be a council, to consist of se ven persons, citizens of the United States, and residents of this state, to advise the governor in the Sec. 6. The governor shall, at stated times, re-executive part of government, whom the governos

f

shall have full power, at his discretion, to assemble; | courts as the legislature shall, from time to time, and he, with the counsellors, or majority of them, establish. may, from time to time, hold and keep a council, for ordering and directing the affairs of the state according to law.

Sec. 2. The legislature shall, by law, direct the manner of notifying the electors, conducting the Sec. 2. The records of the state shall be kept in elections, and making the returns to the governor the office of the secretary, who may appoint his of the officers elected; and, if the electors shall nedeputies, for whose conduct he shall be accounta-glect or refuse to make such elections, after being

Sec. 1. The treasurer shall be chosen annually, at Sec. 4. The militia, as divided into divisions, bri the first session of the legislature, by joint ballot of gades, regiments, battalions and companies, purthe senators and representatives, in convention, but suant to the laws now in force, shall remain so orshall not be eligible more than five years succes-ganized, until the same shall be altered by the le sively.

of the people may authorize, all academies, col-first be filled; the governor shall then be elected, leges, and seminaries of learning, within the state: if there be no choice by the people; and afterwards Provided, That no donation, grant, or endowment, the two houses shall elect the council. 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 cessary to promote the best interests thereof.

ARTICLE IX.

General provisions.

Sec. 5. Every person holding any civil office un. der this state, may be removed by impeachment, for misdemeanor in office; and every person hold. ing 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 ne-address shall pass either house, the causes of removal shall 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.

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

Sec. 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 Sec. 8. All taxes upon real estate, assessed by support the constitution of the United States and of authority, of this state, shall be apportioned and this state, so long as I shall continue a citizen there-assessed equally, according to the just value there of-So help me God."

of.

do swear, that I will

faithfully discharge, to the best of my abilities, the duties incumbent on me as

ARTICLE X.
Schedule.

according to the constitution and laws of the state- Sec. 1. The first legislature shall meet on the So help me God:" Provided, That an affirmation, in last Wednesday in May next. The elections on the the above forms, may be substituted, when the per-second Monday in September, annually, shall not son shall be conscientiously scrupulous of taking commence until the year one thousand eight hunand subscribing an oath. dred and twenty one, and in the mean time the The oaths or affirmations shall be taken and sub-election for governor, senators, and representascribed by the governor and counsellors before the tives, shall be on the first Monday in April, in the presiding officer of the senate, in the presence of year of our Lord one thousand eight hundred and both houses of the legislature, and by the senators twenty, and at this election the same proceedings and representatives before the governor and coun- shall be had as are required at the elections procil, and by the residue of said officers before such vided for in this constitution, on the second Monpersons as shall be prescribed by the legislature; day in September, annually, and the lists of the and whenever the governor or any counsellor shall votes for the governor and senators shall be transnot be able to attend during the session of the lemitted by the town and plantation clerks, respecgislature to take and subscribe said oaths or affirmatively, to the secretary of state, pro tempore, seventions, 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.

teen 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 Sec. 2. No person holding the office of justice of be elected, as the governor and council have and the supreme judicial court, or of any inferior court, are subject to by this constitution: Provided, he attorney general, county attorney, treasurer of the shall notify said senators fourteen days at least bestate, adjutant-general, judge of probate, register fore the last Wednesday in May, and vacancies shall of probate, register of deeds, sheriff's or their debe ascertained and filled in the manner herein proputies, clerks of the judicial courts, shall be a mem-vided; and the senators to be elected on the said ber of the legislature; and any person holding either first Monday of April shall be apportioned as folof 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 be. fore mentioned.

Sec. 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.

lows:

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. Sec. 4. And in case the elections required by this And the members of the house of representatives constitution, on the first Wednesday of January, shall be elected, ascertained, and returned in the annually, by the two houses of the legislature, shall same manner as herein provided at elections on the not be completed on that day, the same may be ad-second Monday of September, and the first house journed from day to day, until completed, in the of representatives shall consist of the following following order: the vacancies in the senate shall number, to be elected as follows:

PRINTED BY WILLIAM OGDEN NILES, AT THE FRANKLIN PRESS, WATER-STREET, EAST OF SOUTH-STREET.

NEW SERIES. NO. 3 VOL. VII.] BALTIMORE, SEPT. 16, 1820. [No. 3-VOL. XIX. WHOLE No. 471

THE PAST-THE PRESENT-FOR THE FUTURE.

EDITED AND PUBLISHED BY H. Niles, at $5 PER ANNUM, PAYABLE IN ADVANCE,

The original and miscellaneous articles commence in page 36.

Constitution of Maine— concluded. 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 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, ExeCounty of Cumberland.—The town of Portland ter, New Charleston, Blakesburgh, plantation No. may elect three representatives; North Yarmouth, 1, in 3d range, and plantation No. 1, in 4th range, wor Brunswick, two; Gorham, two; Freeport and one; Dexter, Garland, Guilford, Sangerville and Pownal, two; Raymond and Otisfield, one; Bridg-plantation No. 5, in 6th range, one; Atkinson, Seton, Baldwin and Harrison, one; Poland and Dan- bec, Foxcroft, Brownville, Williamsburg, plantaville, one; and each remaining town, one. tion No. 1, in 7th range, and plantation No. 3, in 7th range, one.

County of Lincoln.-The towns of Georgetown and Phipsburg may elect one representative; Lewiston and Wales, one; St. George, Cushing and Friendship, one; Hope and Appleton Ridge, one; Jefferson, Putnam and Patricktown plantation, one; Alna and Whitefield, one; Montville, Palermo and Montville plantation, one; Woolwich and Dresden, one; and each remaining town, 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 goCounty of Hancock.—The town of Bucksport may vernor are by this constitution; and in case of vaelect one representative; Deer Island, one; Cas- cancy in said office, the president of the senate and tine and Brooksville, one; Orland and Penobscot, speaker of the house of representatives shall exerone: Mount Desert and Eden, one; Vinalhaven and cise the office as herein otherwise provided, and Isleborough, one; Sedgewick and Bluehill, one; the counsellors, secretary and treasurer shall also Gouldsborough, Sullivan and plantations No. 8 and be elected on said day, and have the same powers, 9, north of Sullivan, one; Surry, Ellsworth, Tren- and be subject to the same duties, as is provided in ton and plantation of Mariaville, one; Lincolnville, this constitution; and in case of the death or other Searsmont and Belmont, one; Belfast and North- disqualification of the president of this convention, port, one; Prospect and Swanville, one; Frankfort or of the secretary of state, pro tempore, before the 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 Chiva, one; Fairfax and Freedom, one; Unity, Joy and Twenty-five mile Pond Plantation, one; Harlem and Malta, one; and each remaining town one.

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 per form 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 Wednesday of January, in the year of our Lord one thousand eight hundred and twenty-two.

County of Oxford.-The towns of Dixfield, Mexi- Sec. 3. All laws now in force in this state, and not co, Weld and plantations Nos. 1 and 4, may elect repugnant to this constitution, shall remain and be one representative; Jay and Hartford, one; Liver-in force until altered or repealed by the legislature, more, one; Rumford, East Andover, and plantations or shall expire by their own limitation. 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.

Sec. 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 asssesors of the several plantations, empowering and directing them to notify County of Somerset. The town of Fairfield may the inhabitants of their respective towns and planelect one representative; Norridge wock and Bloom-tations, in the manner prescribed by law, at their field one; Starks and Mercer, one; Industry, Strong next annual meetings in the month of September, and New-Vineyard, one; Avon, Phillips, Freeman to give in their votes on the question whether such and Kingfield, one; Anson, New-Portland, Embden amendment shall be made; and if it shall appear and plantation No. 1, one; Canaan, Warsaw, Palmy-that a majority of the inhabitants voting on the ra, St. Albans and Corinna, one; Madison, Solon, question are in favor of such amendment, it shall Bingham, Moscow and Northhill, one; Cornville, become a part of this constitution. Athens, Harmony, Ripley and Warrenstown, one. Sec. 5. All officers provided for in the sixth sec

VOL. XIX.

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