Page images
PDF
EPUB

the last Wednesday in May, and vacancies shall be ascertained and filled in the manner herein provided; 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 Nos. 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,

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

one.

and sealed up in open town and plantation meetings, and the town and 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 the purpose accordingly.

4. The governor and council shall, as soon as may be, examine returned copies of such lists, and, twenty days before the said first Wednesday of January, issue a summons -ě such persons as shall appear to be elected bs a majority of the votos in each district, to attend that day and take their seats.

5. The Senate shall, on the said first Wednesday of January, annually, determine who are elected by a majority of votes to be senators in each district; and, in case the full number of senators to be elected from each district shall not have been so elected, the members of the House of Representatives, and such senators as shall have been elected, shall, from the highest number 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.

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.

7. The Senate shall have the sole power to try all impeachments; and, when sitting for that purpose, shall be on oath or affirmation; and no person shall be convicted without the concurrence of twothirds of the members present. Their judgment, however, shall not extend further than to removal from office, and disqualification to hold or enjoy any office of honor, trust, or profit under this State; but the party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law.

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

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 defense and benefit of the people of this State, not repugnant to this Constitution, nor to that of the United States.

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, who shall enter the objections at large on its journals, and proceed to reconsider it. If, after such reconsideration, two-thiręs 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 reconsidered ; and, if approved by two-thirds of that 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.

3. Each house shall be the judge of the elections and qualifications of its own members, and a majority shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as each house shall provide.

4. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member, but not a second time for the same

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

6. Each house, during its session, may punish, by imprisonment, any person, not a member, for disrespectful or disorderly behaviour in its presence; for obstructing any of its proceedings; threatening, assaulting, or abusing any of its members for anything said, done, or doing, in either house : Provided, that no imprisonment shall extend beyond the period of the same session.

7. The senators and representatives shall receive such compensation as shall be established by law; but no law increasing their compensation shall take effect during the existence of the Legislature which enacted it. The expenses of the members of the House of Representatives in traveling 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 leave.

8 The senators and representatives shall, in all cases, except

cause.

China, one; Fairfax and Freedom, one; Unity, Joy, and Twentyfive 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 counselors, 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, counselors, 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 favor 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 in 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 conditious : 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

« PreviousContinue »