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 DIPT. 
 
 CONSTITUTIONAL CONVENTION 
 
 i)IS"lT r T OF MAINE 
 
 .Vii'll THE 
 
 ARTICLES OF SEPARATION, 
 
 GOVERNOR BROOKS' PROCLAMATION' 
 
 PREFIXED. 
 
 1819-20 
 
 
 Mpsftt: 
 
 FULLEK^&JPU^JiEit, PRINTERS TO THE STATE. 
 1856. 
 
 Ik ± 
 
JOURNAL 
 
 OF THE 
 
 CONSTITUTIONAL CONVENTION 
 
 DISTRICT OF MAINE 
 
 WITH THE 
 
 ARTICLES OF SEPARATION 
 
 GOVERNOR BROOKS' PROCLAMATION, 
 
 PREFIXED. 
 
 1819-20 
 
 Sttgttsta: 
 
 FtTLIiER & FULLER, PRINTERS TO THE STATE. 
 
 1856. 
 
3*' . 
 
 DOCUMENTS 
 DCPT. 
 
ARTICLES OF SEPARATION. 
 
 COMMONWEALTH OF MASSACHUSETTS. 
 
 An Act relating to the separation of the District of Maine from 
 Massachusetts proper, and forming the same into a separate and 
 independent State. 
 
 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, 
 
 Section 1. Beit enacted by the Senate and House of Rep- 
 resentatives, 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 agree- 
 ment thereto, upon the following terms and conditions; and, 
 -provided, the Congress of the United States shall give its con- 
 sent 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 Com- 
 monwealth, within Massachusetts proper, shall continue to be- 
 long 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, 
 
 r> /» f\<r% O c\ 
 
ARTICLES* OF SEPARATION. 
 
 shall be free from taxation, while the title to the said lands 
 remains in the Commonwealth; and the rights of the Common- 
 wealth 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 re- 
 covery 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 prosecute as a party, under the 
 name and style of the Commonwealth of Massachusetts ; 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, 
 released, or otherwise disposed of, in such manner as this Com- 
 monwealth may hereafter determine ; provided, however, that 
 whatever this Commonwealth may hereafter receive or obtain 
 on account thereof, if anything, shall, after deducting all rea- 
 sonable 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 Con- 
 gress, entitled " An act making provision for arming and equip- 
 ping 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 moneys, stock, or other proceeds, hereafter 
 obtained 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 pro- 
 
ARTICLES OF SEPARATION. 
 
 portion 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 pro- 
 vided, if the said States cannot otherwise agree, shall as|ign 
 a just portion of the productive property so held by said 
 Commonwealth, as an equivalent and indemnification to said 
 Commonwealth, for all such debts and annuities, or Indian sub- 
 sidies 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, 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 ar- 
 rangements 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 j 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 estima- 
 tion shall be of the value of thirty thousand dollars ; and this 
 
ARTICLES OF SEPARATION. 
 
 Commonwealth shall, thereupon, assign the same to the said 
 new State ; or In lieu thereof, may pay the sum of thirty thou- 
 sand dollars, at its election ; which election of the said Com- 
 monwealth, 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 pur- 
 poses mentioned in this act, shall be appointed in manner 
 following : The Executive authority of each State shall appoint 
 two ; and the four so appointed, or the major part of them, shall 
 appoint two more ; but if they cannot agree in the appointment, 
 the Executive of each State shall appoint one in addition ; not, 
 however, in that case, to be a citizen of its own State. And 
 any vacancy happening with respect to these two Commission- 
 ers, shall be supplied in the manner provided for their original 
 appointment ; and, in addition to the powers hereinbefore given 
 to said Commissioners, they shall have full power and authority, 
 •and it shall be their duty, within ten years, next after the 
 commissions shall be filled up, to divide all the public lands 
 within the District, between the respective States, in equal 
 shares, or moieties, in severalty, having regard to quantity, 
 situation and quality ; they shall determine what lands shall be 
 surveyed and divided, from time to time ; the expense of which 
 surveys and of the commission, shall be borne equally by the 
 two States. They shall keep fair records of their doings, and 
 of the surveys made by their direction ; copies of which records, 
 authenticated by them, shall be deposited from time to time, in 
 the archives of the respective States; transcripts of which, 
 properly certified, may be admitted in evidence, in all ques- 
 tions touching the subject to which they relate. The Executive 
 authority of each State may revoke the power of either or both 
 its Commissioners ; having, however, first appointed a substi- 
 tute or substitutes, and may fill any vacancy happening with 
 respect to its own Commissioners ; four of said Commissioners 
 shall constitute a quorum, for the transaction of business; their 
 decision shall be final, upon all subjects within their cognizance. 
 In case said commission shall expire, the division not having 
 
ARTICLES OF SEPARATION. 
 
 been completed, and either State shall request the renewal or 
 filling up of the same, it shall be renewed, or filled up in the 
 same manner as is herein provided for filling the same, in the 
 first instance, and with the like powers ; and if either state 
 shall, after six months' notice, neglect or refuse to appoint its 
 Commissioners, either for filling the commission in the first 
 instance, or the renewal thereof, the other may fill up the whole 
 commission. 
 
 Seventh. All grants of land, franchises, immunities, corpo- 
 rate or other rights, and all contracts for, or grants of land not 
 yet located, which have been or may be made by the said Com- 
 monwealth, before the separation of said District shall take 
 place, having or to have effect within the said District, shall 
 continue in full force, after the said District shall become a 
 separate State. But the grant which has been made to the 
 President and Trustees of Bowdoin College, out of the tax laid 
 upon the banks, within this Commonwealth, shall be charged 
 upon the tax upon the banks within the said District of Maine, 
 and paid according to the terms of said grant ; and the Presi- 
 dent and Trustees, and the Overseers of said College, shall 
 have, hold and enjoy their powers and privileges in all respects ; 
 so that the same shall not be subject to be altered, limited, 
 annulled or restrained, except by judicial process, according to 
 the principles of law; and in all grants hereafter to be inade, 
 by either State, of unlocated land within the said District, the 
 same reservations shall be made for the benefit of schools and 
 of the ministry, as have heretofore been usual, in grants made 
 by this Commonwealth. And all lands heretofore granted by 
 this Commonwealth, to any religious, literary, or eleemosynary 
 corporation, or society, shall be free from taxation, while the 
 same continues to be owned by such corporation, or society. 
 
 Eighth. No laws shall be passed in the proposed State, 
 with regard to taxes, actions or remedies at law, or bars, or 
 limitations thereof, or otherwise making any distinction between 
 the lands and rights of property of proprietors, not residents 
 in, or not citizens of said proposed State, and the lands and 
 rights of property of the citizens of the proposed State, resi- 
 dent therein ; and the rights and liabilities of all persons, shall, 
 
ARTICLES OF SEPARATION. 
 
 after the said separation, continue the same as if the said Dis- 
 trict was still a part of this Commonwealth, in all suits pending, 
 or judgments remaining unsatisfied, on the fifteenth day of 
 March next where the suits have been commenced in Massa- 
 chusetts proper, and process has been served within the District 
 of Maine j or commenced in the District of Maine, and process 
 has been served in Massachusetts proper, either by taking bail, 
 making attachments, arresting and detaining persons, or other- 
 wise, where execution remains to be done • and in such suits, 
 the courts within Massachusetts proper, and within the proposed 
 State, shall continue to have the same jurisdiction as if the said 
 District still remained a part of the Commonwealth. And this 
 Commonwealth shall have the same remedies, within the pro- 
 posed State, as it now has, for the collection of all taxes, bonds 
 or debts, which may be assessed, due, made, or contracted, by, 
 to, or with the Commonwealth, on or before the said fif- 
 teenth day of March within the said District of Maine j and all 
 officers within Massachusetts proper and the District of Maine, 
 shall conduct themselves accordingly. 
 
 Ninth. These terms and conditions, as here set forth, when 
 the said District shall become a separate and independent 
 State, shall, ipso facto, be incorporated into, and become, and 
 be a part of any constitution, provisional, or other, under which 
 the government of the said proposed State shall, at any time 
 hereafter, be administered ; subject, however, to be modified, or 
 annulled, by the agreement of the Legislature of both the said 
 States ; but by no other power or body whatsoever. 
 
 Sect. 2. Be it further enacted, That the inhabitants of the 
 several towns, districts, and plantations, in the District of 
 Maine, qualified to vote for Governor or Senators, shall assem- 
 ble in regular meeting, to be notified by warrants of the proper 
 officers, on the fourth Monday of July next, and shall, in open 
 meeting, give in their votes, on this question : " Is it expedient, 
 that the District of Maine shall become a separate and inde- 
 pendent State, upon the terms and conditions, provided in an 
 act, 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 ?" And the selectmen 
 
ARTICLES OF SEPARATION. 9 
 
 of the towns and districts, and the assessors of the plantations, 
 shall, in open meeting, receive, sort, count and declare, and the 
 clerks thereof, respectively, shall record the votes given for and 
 against the measure ; and the said selectmen, assessors, and 
 clerks, respectively, shall make out an exact return thereof, under 
 their hands and shall seal up and transmit the same to the office 
 of the Secretary of this Commonwealth, on or before the fourth 
 Monday of August next. And all returns, not then made, shall 
 be rejected in the counting; and the Governor and Council 
 shall open and examine the said returns, made as aforesaid, and 
 shall count the votes given on the said question; and the 
 Governor shall, by public proclamation, to be made as soon as 
 the state of the vote can be ascertained, after the said fourth 
 Monday of August next, make known the result, by declaring 
 the number of votes appearing in favor of the separation of 
 said District, as aforesaid, and the number of votes appearing 
 against it. And, if the number of votes for the measure shall 
 exceed the number of votes against it, by fifteen hundred, then, 
 and not otherwise, the people of said District shall be deemed 
 to have expressed their consent and agreement, that the said 
 District shall become a separate and independent State, upon the 
 terms and conditions above stated ; and in case of such majority, 
 the Governor, in his said proclamation, shall call upon the 
 people of said District to choose delegates to meet in conven- 
 tion for the purposes, and, in the manner hereinafter provided ; 
 and, in addition to publishing said proclamation, in one or more 
 of the public newspapers printed in Boston, and in the District 
 of Maine, copies of the same, duly authenticated, shall, as soon 
 as can conveniently be done, after the making of the same, be 
 transmitted to the office of the clerks of the courts of Common 
 Pleas, in the several counties of the District of Maine, for pub- 
 lic examination ; and one such copy, at least, shall be trans- 
 mitted to the convention of delegates, hereinafter mentioned, 
 when said convention shall be formed. 
 
 Sect. 3. Be it further enacted, That if it shall be declared 
 by said proclamation, that the said majority of fifteen hundred 
 votes appeared by the said returns to be in favor of the separa- 
 tion of the said District as aforesaid ; the inhabitants of the 
 
10 ARTICLES OF SEPARATION. 
 
 several towns and districts,, now entitled to send one or more 
 Representatives to the General Court, and all other incorporated 
 towns, shall, on the third Monday of September next, assemble 
 in town meeting* to be notified by Warrant of the selectmen, 
 and shall elect one or more delegates (not exceeding the num- 
 ber of representatives which such town is now entitled to ; each 
 town, however, to be at liberty to elect at least one,) to meet 
 delegates from other towns within the said District, in conven- 
 tion, for the purpose of forming a constitution, or frame of 
 government, for the said District. And at such meeting of the 
 said inhabitants, every person qualified to vote for Senators, 
 shall have a right to vote in the choice of delegates. And the 
 selectmen shall preside, at such meeting, and shall in open 
 meeting, receive, sort, count and declare the votes, and the clerk 
 shall make a record thereof, in presence of the selectmen, and 
 in open meeting. And fair copies of the said records shall be 
 attested by the selectmen and town clerk, and one such copy 
 shall be delivered by the selectmen to each of the persons duly 
 elected a delegate-. 
 
 Sect. 4. Be it further enacted, That the persons so elected 
 delegates, shall meet in convention, at the Court House, in 
 Portland, in the County of Cumberland, on the second Monday 
 of October next, and they shall be the judges of the returns 
 and election of their own members, and may adjourn from time 
 to time, and sixty of the persons elected shall constitute a 
 quorum for the transaction of business; and the said delegates 
 shall, as soon as may be, proceed to organize themselves, in 
 convention, by choosing a President, and such other officers as 
 they may judge expedient, and establishing proper rules of pro- 
 ceedings ; and it shall be the duty of the said convention, to 
 apply to the Congress of the United States for its assent to be 
 given, before the last day of January next, that the said District 
 should be admitted into the Union, as a separate and indepen- 
 dent State. And it shall also be the duty of the said conven- 
 tion, to form a constitution, or frame of government, for said 
 new State, and to determine the style and title of the same; 
 and such constitution, when adopted, and ratified by the people 
 of said District, in the manner hereinafter mentioned, shall, from 
 
ARTICLES OF SEPARATION, \\ 
 
 and after the fifteenth day of March, in the year of our Lord, 
 one thousand eight hundred and twenty, (the consent of the 
 Congress of the United States, then being first had, as afore- 
 said,) be the constitution of said new State* And the said 
 convention shall, as soon as may be, after having formed such 
 constitution, or frame of government, for such new State, cause 
 the same to be published, and sent to the several towns, dis* 
 tricts, and plantations, within the said District of Maine ; and 
 there shall be a meeting of the inhabitants, in each of said 
 towns, districts, and plantations, to be called and warned by the 
 selectmen, and assessors respectively, in due course of law; and 
 on the day named by said convention, at which meeting, every 
 male inhabitant, having the personal qualifications, herein de- 
 clared requisite in the election of delegates to said convention, 
 shall have a right to vote ; and the people s-o assembled, shall 
 give in their votes in writing, expressing their approbation or 
 disapprobation of the constitution so prepared, and proposed by 
 said convention. And the selectmen of the several towns, and 
 the assessors of the several districts, and plantations respect- 
 ively, shall preside at such meetings, and shall receive the votes 
 of all the inhabitants, duly qualified as aforesaid, and shall sort 
 and count them in open meeting of the town, district, or planta- 
 tion ; and the same shall be then and there recorded in the 
 books of the town, district, or plantation ; and a fair copy of 
 such record shall be attested by the selectmen or assessors/ 
 and the clerk of the town, district, or plantation, respectively, 
 and shall be, by the said selectmen or assessors, transmitted and 
 delivered to the said convention, or to the President thereof, 
 for the time being, or to any committee appointed to receive 
 the same, on or before the first day of January next; on which 
 day, or within ten days thereafter, the said convention shall be 
 in session, and shall receive and count all the votes returned, 
 and declare and publish the result ; and if a majority of the 
 votes so returned, shall be in favor of the constitution pro- 
 posed, as aforesaid, the said constitution shall go into operation, 
 according to its own provisions ; otherwise the constitution of 
 Massachusetts, with the addition of the terms and conditions 
 herein provided, shall be, and be considered as the constitution 
 
] 2 ARTICLES OF SEPARATION. 
 
 of the said proposed State, in manner as hereafter provided. And 
 to the end, that no period of anarchy may happen to the people 
 of said proposed State, in case a new constitution shall not be 
 so adopted and ratified by the people of said District of Maine, 
 the present constitution of the Commonwealth of Massachu- 
 setts, shall, with the terms and conditions aforesaid, and with 
 the exception hereinafter made, be provisionally, the constitu- 
 tion or frame of government, for said District; except only such 
 parts of said constitution of Massachusetts, as relate to the 
 style or title of said State, or may be otherwise inconsistent with, 
 or repugnant to the situation and condition of said new State ; 
 and except, that the people of said District shall choose in their 
 senatorial districts, as now established, three times the number 
 of Senators now allowed them, and that the Legislature shall 
 choose such a number of councilors, not exceeding nine, as 
 they shall determine to be proper. And the said convention 
 shall designate the place for the first meeting of the Legislature 
 of said new State, and for the organization of its government, 
 and shall appoint a Secretary, pro tempore, for said new State j 
 and the said convention shall regulate the pay of its members ; 
 and the person, authorized by said convention, may draw upon 
 the treasury of the Commonwealth for the amount of the money 
 paid into the treasury by the several banks within said Dis- 
 trict, for the tax upon the same, due and payable on the first 
 Monday of October next ; and the sum or sums so drawn for, 
 and paid out of the treasury, shall be a charge upon the new 
 State in the division of the property, provided for in the fourth 
 article of the terms and conditions stated in the first section 
 of this act. 
 
 Sect. 5. Be it farther enacted, That until a Governor of 
 the proposed State shall be chosen and qualified according to 
 the constitution which may be in operation in said State, the 
 person last chosen President of the said convention, shall, from 
 and after the fifteenth day of March next, have all the power of 
 the Governor and Council under the constitution of Massachu- 
 setts, until a new Governor shall be chosen and qualified in the 
 said proposed State ; excepting only, that the said President 
 shall not have the power to remove from office any officer who 
 
ARTICLES OF SEPARATION. 13 
 
 may be duly qualified, and executing the duties of his office 
 according to the intent and meaning of this act. And in order 
 that there may be no failure of justice, and that no danger may 
 arise to the people of the said District of Maine, after the fif- 
 teenth day of March next, and before the government of the 
 said State shall be fully organized ; therefore, 
 
 Sect. 6. Be it further enacted, That all the laws which 
 shall be in force within the said District of Maine, upon the 
 said fifteenth day of March next, shall still remain, and be in force, 
 within the said proposed State, until altered or repealed by the 
 government thereof, such parts only excepted as may be incon- 
 sistent with the situation and condition of said new State, or 
 repugnant to the constitution thereof. And all officers, who 
 shall, on the said fifteenth day of March next, hold commissions, 
 or exercise any authority within the said District of Maine, 
 under the Commonwealth of Massachusetts, or by virtue of the 
 laws thereof, excepting only, the Governor, Lieutenant Governor 
 and Council, the members of the Legislature, and the Justices 
 of the Supreme Judicial Court of the said Commonwealth of 
 Massachusetts, shall continue to have, hold, use, exercise and 
 enjoy, all the powers and authority to them respectively granted 
 or committed, until other persons shall be appointed in their 
 stead, or until their respective offices shall be annulled by the 
 government of said proposed State. And all courts of law, 
 whatsoever, within the said proposed State, excepting only the 
 Supreme Judicial Court, shall proceed to hear and determine 
 all causes, matters and things, which are or may be commenced 
 or depending before them, respectively, upon the said fifteenth 
 day of March next, or at any time afterwards, and before the 
 government of the said proposed State shall establish new 
 courts within the same; and shall continue from and after the 
 said fifteenth day of March next, to exercise the like power and 
 authority, and in like manner as they now by law may do, 
 until such new courts shall be so established, in their stead. 
 
 Sect. 7. Be it further enacted, That all actions, suits, and 
 causes, civil and criminal, and all matters and things whatso- 
 ever, that shall, on the said fifteenth day of March next, be in 
 any manner depending in the Supreme Judicial Court of the said 
 
14 ARTICLES OF SEPARATION. 
 
 Commonwealth of Massachusetts, then last holden within any 
 county in the said District of Maine, and all writs, recogni- 
 zances and other processes whatsoever, that may then be 
 returnable to the said Supreme Judicial Court, shall be respect- 
 ively transferred, and returned to, have day in, and be heard, 
 tried, and determined in the highest court of law that shall be 
 established in the said new State, by the government thereof; 
 and at the first term of such court, that shall be held within the 
 county in which such action, writ, process, or other matter or 
 thing, may be so pending or returnable. And in all cases of 
 appeals from any Circuit Court of Common Pleas, or Probate, 
 or other court, which shall be made after the said fifteenth day 
 of March next, in any action, cause, or suit whatsoever, and 
 which would by law be made to the said Supreme Judicial 
 [Court] thereof, it shall ha sufficient for the appellant to claim 
 an appeal, without naming or designating the court appealed 
 to ; and such appeal shall be entered at the Supreme or Superior 
 Judicial Court, or highest court of law, to be established by the 
 government of the said new State, which shall first thereafter 
 be held within or for the county in which such action, cause, or 
 suit, may be pending, and shall there be heard, tried, and deter- 
 mined, according to law. Provided, however, That nothing 
 contained in this section shall be understood or construed to 
 control, in any degree, the right of the people of the said new 
 State, or the government thereof, to establish judicial courts, 
 in such manner, and with such authority as they shall see fit ; 
 nor to prevent the said people or their government from 
 making any other provisions, pursuant to their constitution, 
 and not repugnant to the terms and conditions above set forth, 
 respecting all the said actions, suits, processes, matters and 
 things, herein above mentioned, as they shall think most proper, 
 to prevent the discontinuance thereof; and to avoid any delay 
 or failure of justice. 
 
 [Approved by the Governor, June 19th, 18 1 9.] 
 
COMMONWEALTH OF MASSACHUSETTS. 
 
 The Committee of Council appointed to examine the returns 
 of the votes from the several towns and plantations in the 
 District of Maine, relative to the separation of that District 
 from Massachusetts proper, and to report thereon ; respectfully 
 state, that they have attended to that service, and find the 
 
 following; result, viz : 
 
 
 
 
 Counties. 
 
 "Whole number. 
 
 For separation. 
 
 Against separation. 
 
 Cumberland, 
 
 4,709 
 
 3,315 
 
 1,394 
 
 Hancock, 
 
 1,581 
 
 820 
 
 761 
 
 Kennebec, 
 
 4,591 
 
 3,950 
 
 641 
 
 Lincoln, 
 
 4,057 
 
 2,523 
 
 1,534 
 
 York, 
 
 3,732 
 
 2,086 
 
 1,646 
 
 Oxford, 
 
 2,443 
 
 1,893 
 
 550 
 
 Penobscot, 
 
 815 
 
 584 
 
 231 
 
 Washington, 
 
 618 
 
 480 
 
 138 
 
 Somerset, 
 
 1,677 
 
 1,440 
 
 237 
 
 Total, 24,223 17,091 7,132 
 
 They therefore ask leave to report, that the whole number of 
 votes, legally returned, are twenty-four thousand two hundred 
 and twenty-three ; of which seventeen thousand and ninety-one 
 are in favor of separation ; and seven thousand one hundred and 
 thirty -two against it ; making the majority in favor of separa- 
 tion nine thousand nine hundred and fifty -nine. 
 
 The committee further report, that they have rejected only 
 one return, which stated that there were ninety-one votes in 
 favor of separation and none against it; but neither the name 
 of the town or county appeared on the face of the return, 
 though by a writing on the outside, unsigned, it w r as stated to 
 be from Newport, in the County of Penobscot; and there were 
 no returns from the following towns and plantations : In Ken- 
 nebec County, from Temple — in Cumberland, from Thompson 
 
16 REPORT OF COUNCIL. 
 
 pond plantation — in Hancock, from Sullivan, and from Maria- 
 ville plantation — in Somerset, from Moscow and from Sebasti- 
 cook plantation — from Snake Root Hill plantation — from plan- 
 tations No. 3, west of Kennebec River, and No. 3, east of said 
 River — in Penobscot, from plantation No. 3, 6th Range, Wil- 
 liamsbnrgh plantation, and plantation No. 4, 2d Range — in 
 York, from Arundel and Limerick — in Oxford, from plantation 
 No. 4, from Brackley's grant, and Lunt's grant — in Washington, 
 from Addison, Cobb's Cook or plantation No. 9, and Little 
 Machias or plantation No. 11. 
 
 All which is respectfully submitted. 
 
 BENJA. PICKMAN, Per Order. 
 Council Chamber, August 24, 1819. 
 
 In Council, August 24th, 1819. 
 
 This Report is accepted. 
 
 A. BRADFORD, Sec'y of Commonwealth. 
 Copy. Examined by 
 
 ALDEN BRADFORD, Secy of Commonwealth. 
 
PROCLAMATION 
 
 COMMONWEALTH OF MASSACHUSETTS. 
 
 By His Excellency John Brooks, 
 
 Governor of the Commonwealth of Massachusetts: 
 A PROCLAMATION. 
 
 Whereas by an act of the Legislature of this Commonwealth 
 passed on the nineteenth day of June last, entitled "An act re- 
 lating to the separation of the District of Maine from Massachu- 
 setts proper, and forming the same into a separate and indepen- 
 dent State " it is among other things provided, that the inhabi- 
 tants of the several towns, districts and plantations, in the 
 District of Maine, qualified to vote for Governor or Senators, 
 should assemble in regular meeting to be notified by warrants 
 of the proper officers, on the fourth Monday of July then next, 
 and in open meeting give in their votes on this question, 
 
 '• Is it expedient that the District of Maine shall become a 
 separate and independent State upon the terms and conditions 
 provided in the act aforesaid ? ; ' 
 
 And whereas provision is made by said act for the return 
 of the votes so given, both for and against the measure, into 
 the office of the Secretary of this Commonwealth, on or before 
 the fourth Monday of August then next and for the opening, 
 examining and counting of said votes by the Governor and 
 Council ; 
 
 And whereas it is further provided in said act, that as soon 
 after the said fourth Monday of August as the state of said 
 rotes could be ascertained, the Governor should, by public 
 proclamation, make known the result by declaring the number 
 of votes appearing in favor of the separation of said District 
 as aforesaid, and the number of votes appearing against it; and 
 in case the number of votes for the measure should exceed the 
 number of votes against it by fifteen hundred, that the Gover- 
 nor should in his said proclamation, call upon the people of said 
 2 
 
GOVERNOR BROOKS' PROCLAMATION. 
 
 District to choose delegates to meet in convention for the 
 purposes expressed and in the manner prescribed in said Act, 
 
 Now therefore I, John Brooks, Governor of the Common- 
 wealth of Massachusetts, do hereby declare and make known, 
 to all whom it may concern, that upon a careful examination 
 in manner aforesaid, of all the votes for and against said meas- 
 ure, duly and legally returned into the Secretary's [Office] con- 
 formably to said Act, it appears, that the whole number of votes 
 given in favor of the separation of said District as aforesaid 
 was seventeen thousand and ninety-one, and that the whole 
 number of votes against it was seven thousand one hundred 
 and thirty-two. 
 
 And inasmuch as the number of votes for said measure ex- 
 ceeds the number of votes against it by fifteen hundred and 
 upwards, I do hereby, by virtue of the authority given and pur- 
 suant to the requisitions contained in said Act, call upon the 
 inhabitants of the several towns and districts now entitled to 
 send one or more representatives to the General Court, and all 
 other incorporated towns in said District of Maine, to assemble 
 in town meeting in their respective towns on the third Monday 
 of September next, to be notified by warrant of the selectmen 
 and elect one or more delegates not exceeding the number of 
 representatives which such town is now entitled to, (each town, 
 however, to be at liberty to elect one,) to meet delegates from 
 other towns within the said District, in convention, at the Court 
 House in Portland, in the County of Cumberland, on the second 
 Monday of October next, for the purpose of forming a constitu- 
 tion or frame of government for the said District, and for other 
 purposes expressed in said Act. 
 
 Given under my hand and the seal of the Commonwealth 
 at Boston, this twenty-fourth day of August A. D. 
 [L. S.] eighteen hundred and nineteen ; and in the forty- 
 
 fourth year of the independence of the United 
 States of America. 
 
 JOHN BROOKS. 
 By His Excellency the Governor : 
 
 ALDEN BRADFORD, Sec'y of the Commonwealth. 
 
 Copy. Examined by 
 
 ALDEN BRADFORD; Sec'y of the Commonwealth. 
 
CONSTITUTIONAL CONVENTION. 
 
 DISTRICT OF MAINE 
 
 PORTLAND, ) 
 
 Monday, October 11, 1819. J 
 
 Agreeably to the provisions of the act of the Legislature of 
 the Commonwealth of Massachusetts passed June 19, 1819 ; 
 entitled "An act relating to the separation of the District of 
 Maine from Massachusetts proper, and forming the same into a 
 separate anck independent State," the delegates therein men- 
 tioned assembled at the Court House in Portland, when the 
 Honorable Daniel Cony was by vote unanimously requested to 
 act as Chairman, who after addressing the delegates took the 
 Chair. 
 
 On motion, Voted, That a committee of five be appointed 
 to examine the credentials of members, when the Hon. John 
 Holmes, Hon Albion K. Parris, Hon. Joshua Gage, Hon. Judah 
 Dana, and William Abbott, Esquire, were appointed said com- 
 mittee. 
 
 On motion, Voted unanimously, That a Reverend member 
 present be requested to offer prayers previous to proceeding 
 to organize the convention, whereupon the Rev. Mr. Titcomb, 
 of Brunswick, at the request of the Chairman, performed that 
 duty. 
 
 The committee appointed to examine the credentials of the 
 several members returned to this convention, made a report, 
 by which it appeared, that there were two hundred and seventy- 
 four members then present, which were legally returned, which 
 
20 CONSTITUTIONAL CONVENTION. 
 
 report being read with the names of the members so returned^ 
 was accepted. 
 
 Voted, That a committee be appointed to collect, sort, and 
 count, the votes for President — whereupon the Hon. Benjamin 
 Greene, Hon. Ezekiel Whitman, Hon. James Bridge, Hon. Ben- 
 jamin Ames and the Hon. James Campbell, were appointed,— 
 the same committee, proceeded and made report, that they had 
 performed the duties assigned, and find the whole number of 
 votes to be two hundred and forty-one, of which, the Hon. 
 William King has two hundred and thirty votes — which report 
 was received and read from the chair, and the Hon. gen- 
 tleman was declared to be duly elected ; whereupon he was 
 conducted to the Chair, and made his acknowledgments to the 
 convention. The convention then proceeded to the choice of a 
 Secretary, by ballot ; and the votes being taken, it appeared 
 that the whole number of votes given were two hundred and 
 forty-three — necessary to a choice, one hundred and twenty- 
 two ; and no person appearing to have that number, the conven- 
 tion proceeded to a second ballot, when it appeared that the 
 whole number of votes given in were two hundred and fifty- 
 seven — necessary to make a choice, one hundred and twenty -nine ; 
 Robert C. Vose, Esq., had one hundred and sixty-six votes, and 
 was chosen — who accepted of the choice. 
 
 DANIEL CONY, Chairman. 
 
 Resolved, That a Sergeant-at-Arms be appointed by the 
 President, whose duty it shall be to execute the orders of the 
 convention and to assist the President in the preservation of 
 order, and he shall employ a doorkeeper, and such assistance 
 as may be necessary ; in pursuance of the above resolution, the 
 President appointed Mr. William B. Peters, of Portland, to be 
 Sergeant-at-Arms. 
 
 Resolved, That a committee consisting of three members be 
 appointed to prepare and report proper rules of proceeding 
 for this convention. The Hon. George Thatcher, Hon. Benja- 
 min Greene and the Hon. James Campbell, were appointed on 
 the said committee. 
 
MONDAY, OCTOBER 11. 21 
 
 Resolved, That the several ordained and settled clergymen 
 of the town of Portland be requested by the Sergeant-at-Arms ; 
 in behalf of this convention, from day to day in succession, 
 according to seniority, to attend and perform the duties of 
 chaplain to this convention. 
 
 Resolved, That the President assign to any editor of any 
 public newspaper, or the agent of any such editor, who may 
 apply for it, a convenient situation for the purpose of taking 
 notes of the proceedings of the convention. 
 
 Resolved, That a Committee of Election be appointed, con- 
 sisting of five members. 
 
 Voted, That when the convention do adjourn, that it adjourn 
 to meet in the meeting-house of the First Parish in Portland 
 which had been previously prepared for the use of the conven- 
 tion. 
 
 Adjourned to 9 o'clock to-morrow morning. 
 
22 CONSTITtJTIONAL CONVENTION. 
 
 TUESDAY, October 12, 1819. 
 Met according to adjournment. 
 
 The committee appointed to prepare rules and orders having 
 attended to the duty assigned them, made a report which was 
 read and accepted as amended, and ordered to be printed with 
 a list of the members and the general committees which have 
 been appointed. 
 
 Ordered, That the wall pews on the southeast side of the 
 meetinghouse be appropriated for the use of such spectators 
 as may be invited to & seat by any of the members of this con- 
 vention. 
 
 The following resolutions submitted by the Hon. Mr. Parris, 
 were taken up and accepted as amended : 
 
 Resolved, That a committee consisting of thirty-three mem- 
 bers, be appointed to prepare and report to this convention, a 
 constitution or frame of government for the new State, agreea- 
 bly to the fourth section of the act of the Legislature of the 
 Commonwealth of Massachusetts, passed June 19th, 1819, enti- 
 tled "An act relating to the separation of the District of Maine 
 from Massachusetts proper, and forming the same into a sepa- 
 rate and independent State." 
 
 Ordered, That said committee be selected in manner follow- 
 ing, viz: From the counties of York, Cumberland, Lincoln and 
 Kennebec, five each; from the counties of Oxford, Somerset 
 and Hancock, three each ; and from the counties of Penobscot 
 and Washington, two each. 
 
 Resolved, That a committee consisting of five members, be 
 appointed to prepare and report to this convention an applica- 
 tion to the Congress of the United States, for its assent to be 
 given before the last day of January next, that the District of 
 Maine be admitted into the Union as a separate and independ- 
 ent State. 
 
TUESDAY, OCTOBER 12. 23 
 
 Resolved, That the foregoing committees be nominated by 
 the President and appointed by the convention. 
 
 Resolved, That a committee of nine members be appointed 
 to consider and report to this convention a proper style and 
 title for the new State. 
 
 Resolved, That the Secretary be authorized to appoint As- 
 sistants or Clerks to assist him in the duties of his office. 
 
 Voted, That when the convention do adjourn, it be until 4 
 o'clock this afternoon. Adjourned. 
 
 AFTERNOON. 
 
 Met. Several packages, addressed to the convention, purport- 
 ing to be from the Secretary's Office of the Commonwealth of 
 Massachusetts, were received and ordered to lie upon the table. 
 
 Ordered, That the returns of the several members to this 
 convention, be committed to the Committee on Elections, and 
 the remonstrance of Nathan Shaw and others, against the elec- 
 tion of Samuel Davis, to the same committee. 
 
 Ordered, That the Sergeant-at-Arms be directed to provide 
 a suitable room for the accommodation of the committee on the 
 subject of framing the constitution. 
 
 The President appointed the following committee on the 
 constitution of the new State : 
 
 YORK. 
 Hon. Mr. Holmes of Alfred; Mr. Dane of Wells; Hon. Mr. 
 Moody of Saco; Hon. Mr. Rice of Kittery; Mr. Marston of 
 Parsonsfield. 
 
 CUMBERLAND. 
 Hon. Judge Parris, Hon. Mr. Whitman of Portland; Hon. Mr. 
 Lewis of Gorham ; Mr. Foxcroft of New Gloucester ; Hon. Mr. 
 Page of Brunswick. 
 
 LINCOLN. 
 Gen. Wingate of Bath; Mr. Dole of Alna; Mr. Head of 
 Waldoboro' ; Mr. Rose of Boothbay ; Mr. Neal of Litchfield. 
 KENNEBEC. 
 Hon. Mr. Chandler of Monmouth ; Judge Bridge of Augusta : 
 
24 CONSTITUTIONAL CONVENTION. 
 
 Rev. Mr. Francis of Leeds; Mr. Redington of Vassalboro'; 
 Gen. Wellington of Fairfax. 
 
 HANCOCK. 
 Mr. Johnson of Belfast; Rev. Mr. Hall of Frankfort; Mr. 
 Johnson of Jackson. 
 
 OXFORD. 
 Hon. Judge Dana of Fryeburg ; Rev. Mr. Hooper of Paris ; 
 Gen. Turner of Turner. 
 
 SOMERSET. 
 Gen. Kendall of Fairfield; Mr. Allen of Norridgewock ; Mr. 
 Baldwin of Mercer. 
 
 PENOBSCOT. 
 Major Treat of Bangor; Mr. Wilkins of Orrington. 
 
 WASHINGTON. 
 Hon. Mr. Campbell of Harrington ; Mr. Dickinson of Machias. 
 
 COMMITTEE ON THE STYLE AND TITLE OF THE NEW STATE. 
 
 Mr. Preble of Portland ; Mr. Allen of Sanford ; Mr. Wood 
 of Wiscasset; Mr. Cutler of Farmington; Mr. Stetson of Hamp- 
 den; Mr. Abbot of Castine ; Mr. Chandler of Parris ; Mr. 
 French of St. Albans; and Mr. Yance of Calais. 
 
 COMMITTEE ON ELECTIONS. 
 
 Hon. Judge Thatcher of Biddeford ; Mr. Emery of Portland ; 
 Mr. Burnham of Unity; Mr. Vergin of Rumford; Mr. Dearborn 
 of Hallowell. 
 
 COMMITTEE TO MAKE APPLICATION TO CONGRESS. 
 
 Hon. Judge Greene of South Berwick; Hon. Judge Cony of 
 Augusta; Hon. Judge Ames of Bath; Mr. Jarvis of Surry; 
 Hon. Mr. Clapp of Portland. 
 
 Resolved, That a committee of three members be appointed 
 on leave of absence of members. Mr. Moody of Hallowell, Mr. 
 Herrick of Bowdoinham, and Mr. Wood of Lebanon, were ap- 
 pointed said committee. 
 
 Resolved, That a committee of three members be appointed 
 on the pay roll. Gen. Irish of Gorham, Mr. Thatcher of Saco, 
 and Col. Reed of Waldoboro', were appointed said committee. 
 
 Voted, That when the convention adjourn, it be until 10 
 o'clock to-morrow morning. 44J ourne d accordingly. 
 
WEDNESDAY, OCTOBER 13. 25 
 
 WEDNESDAY, October 13, 1819. 
 
 Met according to adjournment. 
 
 The remonstrance of David Curtis and others, against the 
 election of Joseph Neally, read and committed to the Commit- 
 tee on Elections. 
 
 Ordered, That the Committee on Elections have leave to set 
 in committee, during the time the convention may be in session ; 
 and that the member from the town of Dearborn, have leave to 
 attest as Town Clerk of said Dearborn, the certificate of his 
 election, now in the hands of the Committee on Elections ; and 
 that the same indulgence be given to other members of this 
 convention who may have been returned under similar circum- 
 stances. 
 
 Resolved, That a committee of three members be appointed 
 to take into consideration and report upon the necessary ex- 
 penditures of this convention exclusive of the pay roll. The 
 Hon. Mr. Gage of Augusta, Mr. Shepley of Saco, and Mr. Ilsley 
 of Portland, were appointed on the said committee. 
 
 Leave of absence, (reported by the committee,) was given to 
 Mr. Burr of Litchfield, Mr. McCobb of Phipsburg, and Mr. Mc- 
 Lellan of Gray, until Monday next. 
 
 Resolved, That Col. Trescott of Lubec, Mr. Wallingford of 
 Saco, and Commodore Tucker of Bristol, be a committee to 
 consider and report what further acts, resolves and other docu- 
 ments it may be proper to obtain from the office of the Secretary 
 of the Commonwealth of Massachusetts. 
 
 Adjourned to 4 o'clock this afternoon. 
 
 AFTERNOON. 
 
 Met. The petition of Samuel Haywood and others, inhabitants 
 of Sidney — read and committed to the committee who have un- 
 
26 CONSTITUTIONAL CONVENTION. 
 
 der consideration the subject of preparing a constitution or frame 
 of government for the new State. 
 
 Resolved, That a committee consisting of nine members be 
 appointed to take into consideration, what compensation shall 
 be allowed the members of this convention for their travel and 
 attendance. Mr. Low of Lyman, Mr. Adams of Gorham, Mr. 
 Spear of Thomaston, Mr. Lock of Chesterville, Col. Steele of 
 Brownfield, Mr. Tuttle of Canaan, Col. Atherton of Prospect, 
 Mr. Leonard of Brewer, and Mr. Burgin of Eastport, were ap- 
 pointed on the said committee. 
 
 Resolved, That Henry Smith, Esq., of Portland, be appointed 
 and authorized to draw upon the Treasurer of the Common- 
 wealth of Massachusetts, for the amount of the pay roll for the 
 travel and attendance of the members of the convention j pro- 
 vided the same does not exceed the amount of the money paid 
 into the treasury by the several banks, within this District, for 
 the tax upon the same due and payable the first Monday of 
 October instant. 
 
 Ordered, That the motion made by Mr. Herrick of Bowdoin- 
 ham, on the subject of arranging the seats of the members, be 
 committed to the committee on the rules and proceedings of 
 this convention. 
 
 Mr. Preble of Portland, chairman of the committee appointed 
 on the subject of the style and title for the new State, made a 
 report, which was read ; and on motion of Mr. Dearborn of 
 Hallowell, was assigned for consideration, to-morrow, at 10 
 o'clock. 
 
 Voted, That when the convention adjourn it be until 10 
 o'clock to-morrow morning;. 
 
 Adjourned accordingly. 
 
THURDSAY, OCTOBER 14. £7 
 
 THURSDAY, October 14, 1819. 
 
 Met according to adjournment. 
 
 Agreeably to assignment, the report of the committee made 
 yesterday upon the subject of the style and title of the new 
 State, was taken up, and a motion made by Mr. Parsons of 
 Edgecomb, that the word "Commonwealth" be stricken out; 
 and, after much debate, the motion was carried, 119 members 
 voting in the affirmative, and 113 in the negative. A motion 
 was then made that the word " State " be inserted in place of 
 the word "Commonwealth," which had been stricken out, which 
 motion passed in the affirmative without division. On motion 
 of Judge Ames, the report was further postponed, and the 
 convention adjourned to 3 o'clock this afternoon. 
 
 AFTERNOON. 
 Met. Mr. Milliken of Frankfort, presented the remonstrance 
 of John Hull the 2d, and others, against the election of Samuel 
 A. Whitney, Esq., of Lincolnville ; Judge Thatcher presented the 
 remonstrance of Nathan Hanson and others, against the election 
 of Henry Norton, Esq., of New Portland; and Mr. Dickinson 
 of Machias, presented the remonstrance of Isaac Keen and 
 others, against the election of William Vance, Esq., of Calais — 
 which were severally read and committed to the Committee on 
 Elections. 
 
 The Committee on Elections, made a report, which was read 
 and recommitted to the same committee who reported it; and 
 ordered that said committee be instructed to examine all the 
 returns of members of this convention, and report who and what 
 members of the convention are duly elected, and who are not 
 duly elected, and the reasons thereof. 
 
 The Hon. Mr. Holmes, Chairman of the Committee appointed 
 to prepare and report to this convention a constitution or frame 
 of government for the new State, made a report in part, which 
 
28 CONSTITUTIONAL CONVENTION. 
 
 was read, and Monday next, at 12 o'clock, was assigned for 
 taking the same into consideration — and ordered that 500 
 copies of this report be printed for the use of the members. 
 
 The resolution submitted yesterday, by Mr. Kingsbery of 
 Gardiner, was taken up and passed, as follows : 
 
 Resolved, That the Hon. Mr. Clapp and Mr. Ilsley of Port- 
 land, and Mr. Dearborn of Hallowell, be a Committee of Finance 
 to devise ways and means to defray the expenses of this con- 
 vention, should the amount exceed the sum to be received from 
 the Treasurer of the Commonwealth of Massachusetts. 
 
 On motion of Mr. Wallingford of Wells, the committee ap- 
 pointed yesterday to consider and report what further acts, 
 resolves, and other documents, it may be necessary to obtain 
 from the Secretary's Office of the Commonwealth of Massachu- 
 setts, were authorized to inquire into the expediency of apply- 
 ing to the office of the Secretary of the United States, for any 
 documents in his department, which may be required for the 
 new State. 
 
 Adjourned to 10 o'clock to-morrow morning. 
 
FRIDAY, OCTOBER lo. 29 
 
 FRIDAY, October 15, 1819. 
 
 Met according to adjournment 
 
 Ordered, That so much of the report of the committee ap- 
 pointed to prepare and report a constitution or frame of gov- 
 ernment for the new State, as relates to the style and title, be 
 stricken out whenever it occurs, and that the secretary be 
 directed so to amend said report. 
 
 Col. Atherton of Prospect, presented the petition of Phinehas 
 Tarnum and others, officers of the second brigade and twelfth 
 division of the Militia, which was read and committed to the 
 committee appointed to prepare and report a constitution. 
 
 Mr. Bradbury of York, was appointed on the committee upon 
 the subject of the pay of members, in place of Mr. Low of Ly- 
 man, who is absent. 
 
 The convention resumed the consideration of the report of 
 the committee upon the subject of the style and title of the 
 new state. A motion was made by Judge Cony, further to 
 amend the same by striking out the word "Maine," and to insert; 
 in lieu thereof, " Columbus" j after much debate, the question 
 was put and decided in the negative ; the ordinance determining 
 the style and title of the new State, was then read and passed, 
 as follows : 
 
 "An ordinance determining the style and title of the State. ?? 
 
 "Be it ordained and determined by the delegates of the 
 people, inhabiting the territory now called and known by the 
 name of the District of Maine, in convention assembled, 
 
 That provided the District of Maine aforesaid, shall, before 
 the fourth day of March next, be admitted into the Union as a 
 separate and independent State on an equal footing with the 
 original States, the said State shall be known and called by 
 the style and title of the State of Maine. Done in convention 
 
30 CONSTITUTIONAL CONVENTION. 
 
 this fifteenth day of October, in the year of our Lord one thou- 
 sand eight hundred and nineteen." 
 
 Adjourned to 3 o'clock this afternoon. 
 
 AFTERNOON. 
 
 Met. On motion of Judge Greene of South Berwick, 
 Ordered, That all ordinances and resolves in the nature of 
 ordinances, passed by this convention, be signed by the Presi- 
 dent of the convention, and attested by the Secretary. 
 
 The committee on the subject of the pay of the members for 
 their travel and attendance, reported the following resolution, 
 which was read and accepted : 
 
 Resolved, That there be allowed and paid to the members 
 of this convention, as compensation for their travel and attend- 
 ance, as follows, to wit : To each of said members two dollars 
 for each twenty miles travel in going to, and returning from 
 said convention, and to each of said members, two dollars for 
 each day's attendance thereat. 
 
 Resolved, That Mr. Lock of Chesterville, Mr. Shepley of 
 Saco, and Mr. Herrick of Bowdoinham, be a committee to con- 
 sider and report upon the manner of receiving the returns from 
 the selectmen of the several towns, and assessors of the several 
 districts and plantations, of the votes which may be given in 
 for or against the constitution which may be submitted to the 
 people for their consideration and adoption. 
 
 Mr. Lamson of Wayne, presented the petition of James Wing 
 and others, upon the subject of the Militia, which was read and 
 committed to the committee who have under consideration the 
 subject of the constitution. 
 
 Voted, That when the convention adjourn, it be till to-morrow 
 morning at 10 o'clock. Adjourned accordingly. 
 
SATURDAY, OCTOBER 16. 31 
 
 SATURDAY, October 16, 1819. 
 
 Met according to adjournment. 
 
 Judge Thatcher, chairman of the Committee of Elections, 
 made a report, that the committee have carefully examined the 
 returns and certificates of the delegates returned from the sev- 
 eral towns in the District of Maine, to this convention, and that 
 said committee are of the opinion that the delegates from the 
 following towns are severally entitled to their seats, viz : The 
 delegates from all the towns in the county of York ; also, from all 
 the towns in the county of Cumberland, except the town of 
 Standish; also, from all the towns in the county of Lincoln, ex- 
 cept the town of Hope : also, from all the towns in the county 
 of Hancock, except the towns of Ellsworth, Knox, Orland, 
 Gouldsborough, Monroe and Lincolnville ; also from all the 
 towns in the county of Washington, except the town of Calais ; 
 also, from all the towns in the county of Kennebec, except the 
 town of Rome ; also, from all the towns in the county of Som- 
 erset, except the towns of New Portland, Anson, and Mercer; 
 and from all the towns in the county of Penobscot — which 
 report being read, was accepted. 
 
 The same committee further report, that as to the elections 
 in the towns above excepted to, on account of defects in the 
 certificates of returns delivered to the delegates and here pro- 
 duced to the convention, they find that the returns produced 
 by the delegate from the town of Stanclish, in the County of 
 Cumberland, is defective in this, that it is not attested by either 
 or any of the selectmen of said town ; and as to the returns 
 from the towns of Bethel and Buckfield, in the County of Oxford, 
 in addition to many of the smaller defects before mentioned, 
 they are defective, in that they are not attested by the town 
 clerks of their respective towns, nor is there any other date to 
 the return from the town of Bethel, than the year of Indepen- 
 dence of the United States, which is stated to be the forty- 
 
32 eottsliTtmoNAL coKVentio^. 
 
 third ; the return from the town of Hope, in the County of 
 Lincoln, is defective in this, it is not attested by the town clerk j 
 the return from the town of Rome, County of Kennebec, ap- 
 pears to be defective in most of the particular requisites of the 
 law, though it is attested by the selectmen and town clerk ; it 
 does not appear by any express words or facts stated from 
 which an implication can be made what county the town is 
 in ; it does not appear by any express words or facts stated 
 from which an implication can be made on What occasion the 
 meeting was called. It states simply " that agreeably to a war* 
 rant notified according to law by the subscribers, the inhabitants 
 of Rome met and brought in their votes as follows, viz : 
 
 For James Philbrick, Esq., six votes. 
 
 For Capt. J. S. Colbatfy twenty-three votes. 
 
 For Christopher Knight, one vote." 
 Then follow the signatures of the selectmen and the town 
 Clerk. The returns from the towns of Knox and Orland, in 
 the County of Hancock, are not attested by the selectmen of 
 their respective towns, and the return from the town of Ells* 
 Worth is not signed by the town clerk of said town. 
 
 The returns from the towns of Anson and Mercer, in the 
 county of Somerset, are defective in that they are not signed 
 or attested by their respective Town Clerks. Which report 
 being read, it was thereupon 
 
 Resolved, That the several members returned from the sev* 
 eral towns of Standish, Bethel, Buckfield, Hope, Rome, Knox, 
 Ellsworth, Orland, Anson and Mercer, are severally entitled to 
 their seats in this convention, notwithstanding the defect or 
 defects which may have appeared in their several returns. 
 
 The same committee reported that they had considered the 
 remonstrance of Samuel Durgen and others, inhabitants of the 
 town of Monroe, in the county of Hancock, against the election 
 of Joseph Neally returned a delegate from said town to the 
 convention, and submitted a statement of facts which was read, 
 and the committee further submitted the following resolution : 
 
 Resolved, That the said Joseph Neally is entitled to his seat 
 in this convention—which resolve was read and accepted. 
 
SATURDAY, OCTOBER 16. 33 
 
 The same committee further reported that they had consid- 
 ered the remonstrance of Jonathan Fernald and others, inhab- 
 itants of the town of Gouldsborough, against the election of 
 Samuel Davis who is returned a delegate by said town; the 
 committee submitted a statement of facts, and the following 
 resolution : 
 
 Resolved, That the said Samuel Davis is entitled to a seat 
 in this convention, which resolve was read and accepted. 
 
 The same committee further reported that they had had 
 under consideration, the remonstrance of Nathan Hanson and 
 others, against the election of Henry Norton, Esq., a delegate 
 from New Portland, in the county of Somerset; the committee 
 submitted a statement of facts, and the following resolve : 
 
 Resolved, That the said Henry Norton, Esq., is entitled to 
 nis seat as a delegate from the town of New Portland, which 
 report and resolve w r as read and accepted. 
 
 And the same committee further reported that 'they had con- 
 sidered the remonstrance of Daniel Lane and others against 
 the election of William Vance, Esq., returned as a delegate 
 from the town of Calais, in. the county of Washington, and sub- 
 mit the following statement of facts : That the said William 
 Vance, at the time of his election and ever since lived in plant- 
 ation number six, and that on the day of said election and 
 before, he did state to the inhabitants and voters of said Calais, 
 that they might legally vote for a person not an inhabitant of 
 said town, and that the said remonstrants believed the said 
 statement made as aforesaid had a powerful effect on the 
 voters; and they further state that said plantation number six, 
 has never been organized, neither have the inhabitants been 
 assessed by the assessors of Calais, which is the next adjacent 
 town, nor in any manner borne their share of the public bur- 
 thens; and they state that they consider that the -qualifications 
 of voters and those to be elected are the same, and that they 
 deemed the admitting the said William Vance, Esq., to hold a 
 seat in this convention as much an encroachment upon their 
 .rights, as if the inhabitants of plantation number six had at- 
 tended said election and overpowered the inhabitants of Calais 
 3 
 
34 CONSTITUTIONAL CONVENTION. 
 
 by their votes j these allegations were admitted by the said 
 William Vance j. there was no evidence before the committee, 
 of any improper means made use of to obtain his election other 
 than what are stated as aforesaid, or that there was any im- 
 proper conduct on the part of said delegate. Judge Thatcher^ 
 then submitted the following resolution : 
 
 Resolved, That the said William Yance, Esq., is entitled to 
 his seat in this convention, which statement and resolution 
 were severally read and accepted. 
 
 Judge Parris, from the committee appointed to prepare and 
 report a constitution for the new State, made a communication 
 to the convention, that said committee would make a further 
 report this afternoon at 5 o'clock. 
 
 Adjourned to 3 o'clock this afternoon. 
 
 AFTERNOON. 
 
 Met. Mr. Virgin of Rumford, moved a reconsideration of 
 the vote taken in the morning relative to the seat of William 
 Vance, Esq. After much debate, the question was put and 
 decided in the negative — forty-five members voting for the re- 
 consideration and one hundred and five against, so the motion 
 was lost. 
 
 A further communication was received by Mr. Johnson of 
 Belfast, from the Committee on the Constitution, informing the 
 convention that said committee would not have it in their 
 power to make the report this afternoon, and that the com- 
 mittee requested leave to have their report printed, previous 
 to its being submitted to the convention. Thereupon Resolved? 
 That said committee be authorized to cause five hundred copies 
 of their report to be printed, and that Mr. Wood of Wiscasset r 
 be appointed to make this resolution known to the committee. 
 
 Voted, That when the convention adjourn, it be until 10 
 o'clock on Monday next. 
 Adjourned accordingly. 
 
MONDAY, OCTOBER 18. 35 
 
 MONDAY, October 18, 1819. 
 Met according to adjournment. 
 
 The Committee on Elections reported that they had exam- 
 ined the returns made of the delegate from the town of Dresden, 
 in the County of Lincoln, and that in their opinion Isaac Lilley, 
 Esq., is duly elected a delegate from said town, and it was 
 thereupon 
 
 Resolved, That the said Isaac Lilley is entitled to a seat in 
 this convention. 
 
 Agreeably to assignment, the report of the Committee on 
 the Constitution, made on Thursday last, was taken up, but it 
 appearing that the chairman and many of the members of the 
 committee who made the report, were absent, the consideration 
 of the subject was postponed, and the convention 
 
 Adjourned to 3 o'clock this afternoon. 
 
 AFTERNOON. 
 Met. Resolved, That Henry Smith, Esq., of Portland, be ap- 
 pointed, and he is hereby authorized to draw on the Treasurer of 
 the Commonwealth of Massachusetts, to the full amount of the 
 money paid in the treasury by the several banks within the 
 District, for the tax upon the same, due and payable on the 
 first Monday of the present month, agreeably to the authority 
 vested in this convention by an act of the Legislature of said 
 Commonwealth, passed June 19, 1819, 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/' as the amount of the pay roll of this convention will 
 exceed the amount of the tax on the banks, due and payable as 
 aforesaid, which resolve was read and accepted. 
 
 The Hon. Mr. Holmes, Chairman of the Committee appointed 
 
 . to prepare and report a constitution or frame of government 
 
 for the new State, made a further report accompanied by a bill, 
 
36 CONSTITUTIONAL CONVENTION. 
 
 which was read, and ordered that to-morrow morning, at 10 
 o'clock, be assigned for further consideration of the same, and 
 that so much of the said report as has not been printed, be 
 printed for the use of the members. 
 
 The convention resumed the consideration of the subject of 
 the preamble and Bill of Rights. The preamble was first taken 
 up and passed with sundry amendments. The first and second 
 sections of the first article of the Bill of Rights were severally 
 read and passed ; the third section was also taken up and read. 
 
 Voted, That when the convention adjourn, it be until 9 o'clock 
 to-morrow morning. 
 
 Adjourned accordingly. 
 
TUESDAY, OCTOBER 19. 37 
 
 TUESDAY, October 19, 1819. 
 
 Met according to adjournment. 
 
 Judge Dana of Fryeburg, had leave of absence by reason of 
 sickness in his family. 
 
 Mr. Dole of Alna, presented the memorial of the Catholic 
 Church of Maine, which was read and ordered to lie upon the 
 table. 
 
 The convention resumed the subject of the Bill of Rights, or 
 first article of the constitution, the third section being under 
 
 consideration, was accepted with amendments. 
 
 I 
 
 Voted, (Two-thirds of the members present in the affirmative) 
 that the fifth article, second chapter, of the rules and proceed- 
 ings, be so far altered and amended, as that a motion for re- 
 consideration of any vote may be made immediately after such 
 vote may have been declared by the President. 
 
 Voted, That when the convention adjourn, it be until half-past 
 2 o'clock this afternoon, and that half-past 2 o'clock be the 
 time to meet in the afternoon of each day, until the further 
 order of the convention. 
 
 Adjourned accordingly. 
 
 AFTERNOON. 
 Met. On motion of Gen. Chandler, the convention recon- 
 sidered their former vote, fixing the time of adjournment. 
 
 Voted, That the convention will continue in session until 
 half-past 1, and then adjourn to meet at 3 o'clock in the after- 
 noon, until the further order of the convention. 
 
 The Bill of Rights or first article of the constitution, being 
 under consideration, and the same having been read by sections 
 and passed upon with sundry amendments, the question was 
 put : Will the convention accept the first part of the report of 
 
33 CONSTITUTIONAL CONVENTION. 
 
 the committee, so far as relates to the adoption of the Preamble 
 and Bill of Rights, or first article of the constitution, as 
 amended ? — which report was unanimously accepted. 
 
 Ordered, That the Hon. Mr. Holmes, Hon. Mr. Whitman, 
 and Mr. Johnson of Belfast, be a revising committee, and that 
 the Preamble or Bill of Rights, be committed to said com- 
 mittee, for their examination. 
 
 The amendments to the Preamble and Bill of Rights were 
 taken up and passed upon as follows : 
 
 Hon. Mr. Holmes moved to amend by striking out in the first 
 and second line, these words, " that part of Massachusetts de- 
 nominated the District of" — which motion passed in the affirm- 
 ative. 
 
 In the seventh line, on motion of the Hon. Mr. Holmes, the 
 words, dl Great Legislator," were stricken out, and the words, 
 "Sovereign Ruler," substituted instead. 
 
 Mr. Stevens of China, moved to amend article one, section 
 third, in the eighth line, by inserting after the word senti- 
 ments, " Nevertheless, every sect or denomination of christians 
 ought to observe the Sabbath or Lord's day and keep up some 
 sort of religious worship which to them shall seem most agreea- 
 ble to the revealed will of God " — which motion was negatived. 
 
 Mr. Emery of Portland, moved to amend in the second line 
 by inserting after the word right, "to exercise the duty," 
 — which motion was negatived. 
 
 Hon. Mr. Whitman, then moved further to amend said section 
 in the sixteenth line after the word trust, by inserting, " as the 
 happiness of a people and the good order and preservation of 
 civil government essentially depend upon piety, religion and 
 morality ; and as these cannot generally be diffused, but by the 
 institution of the public worship of Almighty God and of public 
 instruction in piety, religion and morality — therefore, to pro- 
 mote their happiness, and to secure good order and the preser- 
 vation of their government, the Legislature shall have power, 
 and are hereby authorized, by all suitable means to encourage 
 
TUESDAY, OCTOBER 19. 39 
 
 and uphold the institutions of public worship, and of public in- 
 struction in the principles of piety, religion and morality 1 ' — 
 which motion being put, was negatived. 
 
 Mr. Hobbs of Waterborough, moved further to amend said 
 section in the seventeenth line, by inserting, after the word 
 State, these words, "nor shall any one ever be obliged 
 to pay any tax or rate for the building or repairing any meet- 
 ing-house or place of worship' 1 — which motion was negatived. 
 
 Col. Reed of Waldoborough, moved to amend section four, 
 in the seventh and eighth lines, by inserting after the word 
 .capacity, these words, "or the qualifications of those who 
 are candidates for the suffrages of the people " — which motion 
 passed in the affirmative. 
 
 Hon. Mr. Holmes moved further to amend the fourth section, 
 by striking out after the word fact, in the eleventh line to 
 the end of the section, these words, "under the direction of the 
 •court" — which motion passed in the affirmative. 
 
 The Hon. Mr. Holmes then moved further to amend, by in- 
 serting after the word jury, in the tenth line, these words, 
 Ul after having received the direction of the court," and insert 
 after shall, "at their discretion" — which amendment passed in 
 the affirmative. 
 
 Section fifth passed without amendment. 
 
 Section sixth, in .the third line : Mr. Neal of Elliot, moved to 
 amend after the word counsel, to insert "or either" — which 
 motion passed in the affirmative. 
 
 The sixth section then passed. 
 
 Section seventh : Mr. Wallingford moved to strike out in the 
 first and second lines these words, "in all cases of a criminal 
 nature the rights of trial by jury shall be preserved and," — 
 which motion passed in the affirmative. 
 
 The Hon. Mr. Holmes then moved further to amend said 
 section, by inserting after the word impeachment, in the fifth 
 line, "or in such cases of offenses as are usually cognizable by 
 
40 CONSTITUTIONAL CONVENTION. 
 
 justices of the peace," — which motion also passed in the affirm- 
 ative, and the section ordered to be so amended. 
 
 Judge Cony moved further to amend, by inserting after the 
 word "provide" "by law" — which motion passed, and the sev- 
 enth section passed as amended. 
 
 Sections eighth, ninth and tenth, passed without amendment, 
 and section eleven was taken into consideration. 
 
 Mr. Baldwin moved to amend in the second line, by striking 
 out these words, "ex post facto," and to insert in lieu thereof, 
 the following: "Laws punishing acts committed before the 
 existence of such laws, and by them only declared criminal, 
 are oppressive, unjust, and incompatible with liberty ; where- 
 upon no such law shall ever be made or exist in this State" — 
 which motion was negatived ; and Mr. Wallingford moved further 
 to amend in the third line, by striking out after the word 
 contracts, to the end of the section — which motion was also- 
 negatived. 
 
 Section eleventh passed without amendment. 
 
 Sections twelfth, thirteenth, fourteenth; fifteenth, sixteenth.^ 
 seventeenth, eighteenth and nineteenth, were then severally 
 read and passed. 
 
 Section twentieth was then taken up, and Mr. Neal of Elliot, 
 moved to amend in the fourth line, by inserting these words, 
 "and the party claiming the right may be heard by himself and 
 his counsel, or either" — which motion passed in the affirmative. 
 
 Section twenty-first was then considered ; and Mr. Miliikcn 
 of Frankfort, moved to amend the same in the first line after 
 the word taken, by adding these words, " or shall individual 
 services be required " — which motion was negatived, and the 
 section passed without amendment. 
 
 Sections twenty-second, twenty-third and twenty-fourth, were 
 severally read and passed ; and the report as amended, was 
 unanimously accepted. 
 
 The Committee on Elections reported that in their opinion 
 Samuel A. Whitney, Esq., the sitting member from the town of 
 
TUESDAY, OCTOBER 15. 4J 
 
 Lincolnville, in the county of Hancock, is entitled to his seat in 
 this convention — .which report was accepted. 
 
 Voted, That when the convention adjourn, it be until half 
 past 8 o'clock to-morrow morning, 
 Adjourned accordingly. 
 
42 CONSTITUTIONAL CONVENTION. 
 
 WEDNESDAY, October 20, 1819. 
 
 Met according to adjournment. 
 
 Col. Atherton of Prospect, submitted the following motion 
 and resolution, which were severally read and ordered to 
 lie upon the table : " No law shall be made by which any 
 individual may be subjected to the performance of any militia 
 duties, from which or a direct equivalent, any white male inhab- 
 itant of reputable character, and of the same age, is by a law 
 of the State, exempted." 
 
 Resolved, That a committee of nine, one from each County, 
 be appointed to take into consideration the expediency of locat- 
 ing the seat of government for years, and to desig- 
 nate the place most suitable for this purpose, and also for the 
 first meeting of the Legislature of the new State, and for the 
 organization of its government; and that the said committee 
 be instructed to report previous to the final question being 
 taken on the acceptance of the whole constitution. 
 
 The constitution, reported by the committee on that subject, 
 was taken into consideration. 
 
 The first section of the second article, being under consid- 
 eration, the Hon. Mr. Holmes moved to amend the same, by 
 inserting after the word "State," in the fourth line, the follow- 
 ing : " for the term of three months next preceding any elec- 
 tion " — which passed in the affirmative. 
 
 Mr. Shepley of Saco, then moved to insert in the third line, 
 after guardianship, u those who have been convicted of any 
 infamous crime and not pardoned " — which motion being put 
 was decided in the negative. 
 
 Mr. Vance moved further to amend in the third line, after 
 the word Indians, by inserting, H and Negroes" — which mo- 
 tion was negatived. 
 
WEDNESDAY, OCTOBER 20. 43 
 
 Gen. Chandler moved to amend in the fifth line by inserting 
 after the word where, " he has," and to strike out in the 
 sixth line, "is established" — which motion was withdrawn by 
 the mover. 
 
 Mr. Thomas of Wells, moved to insert in the second line, 
 after the word " paupers," " supported by any town " — which 
 motion was negatived. 
 
 Hon. Mr. Whitman moved further to amend in the second 
 line, after the word paupers, and insert u during the time 
 they be supported, in whole or in part, at the public expense " 
 — which motion was decided in the negative. 
 
 Mr. Herrick of Bowdoinham, moved further to amend the 
 first section, by inserting at the end of the section the follow- 
 ing : " Neither shall the residence of a student at any seminary 
 of learning, entitle him to the right of suffrage in the town or 
 plantation where such seminary is established " — which motion 
 passed in the affirmative. 
 
 The first section was then passed as amended. 
 
 Second section was then taken into consideration. 
 
 Hon. Mr. Moody moved to strike out after the word "elec- 
 tion" in the third line, to the end of the section — which motion 
 was negatived, and the second section was then passed without 
 amendment. 
 
 Section third. Mr. Dickinson of Machias, moved to insert 
 at the end of the section the following : " and except when 
 called into actual service " — which motion was negatived, and 
 the third section afterwards passed as reported by the committee. 
 
 Fourth section. Mr. Cutler of Farmington, moved to amend 
 by striking out " September," and in lieu thereof, to insert 
 " October" — which was negatived. 
 
 Dr. Perkins of Weld, moved further to amend this section 
 by striking out " second," and inserting in lieu thereof, u third" 
 — which motion was negatived, and the section passed without 
 amendment. 
 
44 CONSTITUTIONAL CONVENTION. 
 
 The first and second sections of the third article, were then 
 taken up, and passed without division. 
 
 Article four, section one, was passed without amendment. 
 
 Section second was then taken into consideration. 
 
 Judge Thatcher moved to amend the same, by striking out 
 in the second line, these words, " one hundred, nor more than 
 two hundred members" — which motion, after much debate, was 
 decided in the negative, ninetjMiine members voting in favor, 
 and one hundred and forty-nine against the motion. 
 
 Mr. Kingsbury then moved to strike out the following words 
 in the second, third and fourth lines : " to be elected by the 
 qualified electors on the second Monday of September annually " 
 — which motion passed in the affirmative, and the second section, 
 as amended, passed, one hundred and thirty-seven members in 
 the affirmative, ninety-five in the negative. 
 
 Mr. Herrick of Bowdoinham, then moved a reconsideration 
 of the last vote ; a debate ensued, which continued until the 
 usual hour of adjournment, when the convention adjourned until 
 3 o'clock this afternoon. 
 
 AFTERNOON. 
 
 Met. The convention resumed the consideration of Mr. 
 Herrick's motion, when the question was taken, and the motion 
 for reconsideration prevailed, two hundred and seventeen mem- 
 bers voting in favor of the reconsideration, and thirty-one 
 against it. 
 
 On motion of Mr. Rose of Boothbay, Ordered, That the 
 second section, as amended, and third section, fourth article, be 
 now both taken into consideration, that the whole subject of 
 representation may be considered at the same time. 
 
 Mr. Herrick of Bowdoinham, then submitted the following 
 amendment: "Every town in this State, heretofore repre- 
 sented in the House of Representatives of Massachusetts, shall 
 elect one representative ; 
 
 Every other town in the State containing one thousand 
 inhabitants shall elect one representative, and every town in 
 
WEDNESDAY, OCTOBER 20. 45 
 
 this State containing three thousand inhabitants, shall elect two 
 representatives, and for every additional three thousand inhabi- 
 tants an additional representative : Provided no town shall 
 be entitled to more than five representatives ; and any two 
 or more towns or plantations whose inhabitants shall not 
 be sufficient to entitle each to a representative) but whose 
 inhabitants together shall amount to one thousand, may volun- 
 tarily associate themselves together from year to year for 
 that purpose, and shall be entitled to one representative." 
 
 The question on Mr. Herrick's amendment was taken up, and 
 after much debate, the subject was postponed, and the conven- 
 tion 
 
 Adjourned until to-morrow morning at half-past 8 o'clock. 
 
46 CONSTITUTIONAL CONYNETION. 
 
 THURSDAY, October 21, 1819. 
 
 Met according to adjournment. 
 
 The Committee on Elections reported that Thomas A. John- 
 son, Esq., the delegate returned from the town of Cornish, in 
 the county of York, has been duly certified, and he is in the 
 opinion of the committee, entitled to his seat — which report 
 was accepted. 
 
 Mr. Herrick's amendment was taken up, and after much de- 
 bate, was withdrawn by the mover, and 
 
 Gen. Winorate of Bath submitted the following amendment : 
 " The House of Representatives, first to be elected under this 
 constitution, shall consist of members to be chosen by the sev- 
 eral incorporated towns within this State, each town being en- 
 titled to the same number as though this constitution had not 
 been adopted; provided, however, that all such towns and plan- 
 tations as would not be entitled to a representative, may by a 
 major vote and mutual agreement among themselves, class 
 themselves for the purpose of electing a representative, and 
 the representative so chosen by any class shall produce to the 
 House of Representatives together with the proper evidence of 
 their election, an attested copy of the vote of the several towns 
 and plantations forming such a class, to class themselves for 
 the purpose of such election, and also a certificate of the as- 
 sessors of such towns and plantations, of the number of polls 
 in their respective towns and plantations. The House of Rep- 
 resentatives to be elected on the second Monday of September 
 1821, and forever thereafter, shall consist of not less than one 
 hundred members nor more than two hundred, and shall con- 
 tinue in service one year from the day next preceeding the an- 
 nual meeting of the Legislature ; Provided, however, that until 
 the population of the State shall amount to five hundred 
 thousand, the number of representatives shall not exceed 
 two hundred and fifty. And the Legislature shall, before the 
 
THURSDAY, OCTOBER 21. 47 
 
 first day of May. 1821, and within every subsequent period 
 of at most ten years, cause the number of inhabitants of the 
 State, to be ascertained, exclusive of foreigners not natu- 
 ralized and Indians not taxed — and the number of representa- 
 tives shall at the several periods of making such enumeration 
 be fixed and determined by the Legislature, which members 
 so fixed and determined, shall first be apportioned by the 
 Legislature, among the several counties in the State, as 
 near as may be according to their number of inhabitants, hav- 
 ing regard to the relative increase of population. And the 
 Legislature shall further apportion the representatives, so as- 
 signed to the respective counties, among the towns in their re- 
 spective counties, as near as may be on the principle of equality, 
 giving to each individual town that may be entitled thereto, 
 upon such ratio as shall be established by the Legislature, one 
 or more members, and classing the towns and plantations not 
 entitled to one member in such manner, that each class may 
 elect one representative ;" which motion was considered, and a 
 debate ensued thereon, which continued until the usual hour of 
 adjournment, when the convention adjourned to 3 o'clock P. M. 
 
 AFTERNOON. 
 Met. The convention resumed the consideration of General 
 Wingate's amendment, when by consent of the mover, the 
 amendment was permitted to lie upon the table — and the con- 
 vention took again into consideration the second and third 
 section of the fourth article. 
 
 Judge Bridge moved to strike out " two " and insert " three " 
 — which motion was put and decided in the negative, fifty- 
 two for the motion and one hundred and sixty against it. 
 
 Mr. Usher then moved to strike out " two hundred " in the 
 second line, which was also negatived. 
 
 Hon. Mr. Whitman then moved further to amend by striking 
 out the second section, and to insert in lieu thereof, the follow- 
 ing : " For the purpose of electing representatives, each county 
 shall be divided into districts, consisting of one or more entire 
 towns, comprising contiguous territory, the exterior limits of 
 
48 CONSTITUTIONAL CONVENTION. 
 
 each of which, if consisting of more than one town, shall be as 
 nearly equally distant from a common centre as may be ; and 
 not exceeding or falling short more than two per centum of 
 the precise number of inhabitants, requisite to entitle such district 
 to send one representative. But whenever a district cannot be 
 formed in manner aforesaid, consisting of more towns than one, 
 comprising the number of inhabitants to entitle it to elect one 
 representative) a district may be formed, in manner aforesaid, 
 containing the requisite number — or within ten per centum 
 more or less thereof, to entitle it to elect a greater number 
 being as few as practicable; and in no case exceeding five 
 representatives. Provided, however, that any single town, 
 containing within ten per centum of more or less than the re- 
 quisite number of inhabitants, to entitle it to elect one or more 
 representatives, shall be considered as a district for the purpose 
 of electing the corresponding number of representatives. The 
 number of inhabitants in any county, entitled to a representa- 
 tive, shall be equivalent as near as may be, to the product of 
 the whole number of inhabitants in such county, divided by the 
 number of representatives assigned to it "^-which motion was 
 put and decided in the negative* 
 
 Judge Cony then moved further to amend the second line in 
 second section, by striking out u two " and in lieu thereof to 
 insert " one hundred and fifty "-—which motion was also nega- 
 tived, twenty-four members only voting in favor. 
 
 Hon. Mr. Holmes moved further to amend by inserting at the 
 end of the second section the following : " and, whenever the 
 number of representatives shall amount to two hundred, at the 
 next annual meeting of elections, which shall thereafter happen 
 at any subsequent period of ten years, the people shall give in 
 their votes on the question whether the number of representa- 
 tives shall be increased or diminished ; and if a majority of 
 the votes are in favor thereof, it shall be the duty of the next 
 Legislature thereafter, to increase or diminish the number by 
 the rule hereinafter prescribed " — -which motion was passed 
 in the affirmative^ sixteen members only voting against the 
 amendment* 
 
THURSDAY, OCTOBER 21. 49 
 
 The amendment proposed by Gen. Wingate was again taken 
 into consideration, and motion was made to commit the same 
 together with the several propositions which had been sub- 
 mitted relative to representation — which motion was negatived, 
 and the question was then taken on the amendment offered 
 which also passed in the negative. 
 
 The second section of the fourth article then passed — one 
 hundred and ninety-one members voting in favor, and thirty-six 
 against. 
 
 Voted to adjourn to half-past 8 o'clock. 
 Adjourned accordingly. 
 
50 CONSTITUTIONAL CONVENTION. 
 
 FRIDAY, October 22, 1819. 
 Met according to adjournment. 
 
 The convention took into consideration the third section, 
 fourth article, of the constitution. 
 
 Col. Atherton moved to strike out the third section, and in- 
 sert in lieu thereof the following : " The number of representa- 
 tives shall be apportioned to the number of inhabitants of each 
 county ; the counties shall be divided into districts of three, six 
 and nine thousand ; and every such district shall be entitled to 
 one representative for every three thousand inhabitants: Pro- 
 vided, however, that a district containing more than one town 
 and entitled to more than one representative, shall not choose 
 both of said representatives from one town." The question was 
 put upon that part of the motion which relates to dividing the 
 State into County districts for the choice of representatives — 
 which motion was negatived, and the amendment did not prevail. 
 
 Hon. Mr. Holmes then moved to strike out, in the eleventh 
 and twelfth lines, the following words : u and provided further, 
 that the whole number of representatives shall never be more 
 than two hundred " — which motion passed in the affirmative. 
 
 Mr. Allen of Norridgewock, moved further to amend the 
 second section in the first line, by sriking out fifteen hundred 
 and insert "twelve hundred" — which motion passed in the neg- 
 ative, eighty-six members voting in favor, and one hundred and 
 fifty against it. 
 
 Mr. Herrick of Bowdoinham, moved further to amend the 
 third section, by inserting in the seventh line, between the 
 word " and," and the word " towns," " any two or more towns 
 and plantations;" and, in the 8th line, by inserting after the 
 word " inhabitants," " but whose inhabitants shall amount to 
 that number, who may voluntarily unite from year to year for 
 that purpose, shall be entitled to one representative " — which 
 motion was also negatived. 
 
JFRIDAY, OCTOBER 22. 51 
 
 Mr. Hobbs of Waterborough, moved to insert after the word 
 towns, in the seventh line, the following amendment, " and 
 plantations duly organized "— which motion passed in the 
 affirmative. 
 
 Mr. Abbot of Castine, moved a further amendment in the 
 thirteenth line, after the word "apportionment," by striking out, 
 u it shall contain that number," and in lieu thereof, to insert, 
 " the House of Representatives shall contain two hundred 
 members " — which motion passed in the affirmative. 
 
 Mr. Emery moved a further amendment to strike out "three," 
 -and to insert u five" in the fourth line — which motion was 
 negatived. 
 
 Mr. Parsons of Edgcomb, moved to insert at the end of the 
 third section, " and any two towns having a sufficient number 
 of inhabitants to elect one representative, shall be joined 
 together, with the privilege of electing a representative alter- 
 nately, beginning with the oldest town, or by an agreement of 
 both towns may jointly elect one annually " — which motion was 
 negatived, twenty-seven in the affirmative and one hundred and 
 thirty-five in the negative. The third section of the fourth 
 article passed 5 two hundred and three members voting in the 
 affirmative, and forty-one in the negative. 
 
 Section fourth was then taken into consideration. 
 
 Hon. Mr. Holmes moved to amend by inserting after the 
 word " elected," in the third line, these words, " a citizen of 
 the United States for five years " — which motion prevailed. 
 
 Mr. Lock moved to strike out u one," and insert " five," in 
 the fourth line — which motion was withdrawn by the mover, 
 and renewed by Mr. Baldwin, and the question was put and de- 
 cided ib the negative, forty-six members voting in the affirma- 
 tive, and one hundred and forty-four in the negative. 
 
 Mr. Virgin moved further to amend, by inserting after the 
 Word " resident," in the sixth line, these words, " for three 
 months next preceding his election " — which motion passed in 
 the affirmative. 
 
 The fourth section then passed as amended. 
 
52 CONSTITUTIONAL CONVENTION. 
 
 Section fifth was then considered. 
 
 Hon. Mr. Holmes moved to amend by striking out these 
 words in the first and second lines of the fifth section : " The 
 representatives shall be chosen by the qualified electors on the 
 second Monday of September, annually j" and to insert after 
 the word " meetings," these words, " for the choice of repre- 
 sentatives" — which motion passed in the affirmative, without 
 division. 
 
 Hon. Mr. Holmes moved further to amend in the thirty-sec- 
 ond line of the same section, after the word " elected," and to 
 insert the the following: "and the clerks of the towns and 
 plantations respectively shall seal up copies of all such lists 
 and cause them to be delivered into the Secretary's Office, 
 twenty days, at least, before the first Wednesday of January 
 annually " — which motion also passed in the affirmative. 
 
 Mr. Dane of Wells, moved to amend in the seventeenth line, 
 by striking out " be held," and insert these words, " hold their 
 meetings " — which motion passed in the affirmative. 
 
 Mr. Davis of Gouldsborough, then moved further to amend 
 in the twenty-fifth line, by striking out " two," and inserting 
 in lieu thereof, "four" — which motion also prevailed, and the 
 3ection was so amended. 
 
 The question was then taken on the fifth section, and the 
 same passed as amended. 
 
 The sixth, seventh, and eighth sections, were severally taken 
 up and passed, and the Convention 
 
 Adjourned until 3 o'clock this afternoon. 
 
 AFTERNOON. 
 Met. Leave of absence was given to Mr. McCobb of Phips- 
 burg, after this day. 
 
 Col. Moore of Clinton, presented the petition of James Gray 
 and others, on the subject of the Militia — which was read and 
 ordered to lie upon the table. 
 
 The first section of the fourth article, second part, wqs taken 
 into consideration. 
 
FRIDAY, OCTOBER 22. 53 
 
 Judge Cony moved to amend in the first and second lines of 
 the first section, by striking out the following : " of not less 
 than twenty-three, nor more than thirty-one " — which motion 
 was advocated by the Hon. mover, and passed in the negative. 
 
 The first section then passed without amendment. 
 
 Mr. Dearborn of Hallowell, gave notice that he should on 
 Monday next, at 12 o'clock, move a reconsideration of the vote 
 passed upon the second and third section of the fourth ar- 
 ticle, first part of the Constitution, relative to representation 
 in the House of Representatives. 
 
 The second section was then considered. 
 
 Hon. Mr. Holmes then moved to amend said section in the 
 ninth and tenth lines, by striking out " one for every increase 
 of eight members," and inserting these words, " until it shall 
 arrive at the number of thirty-one, according to the increase " — 
 which motion passed in the affirmative. 
 
 Mr. Dearborn of Hallowell, moved to strike out in the eighth 
 line the word "three," and insert "four" — which motion was 
 negatived, and the second section passed as amended. 
 
 Sections third, fourth and fifth, were then severally con- 
 sidered, and passed without amendment. 
 
 The sixth section was then considered. 
 
 Hon. Mr. Holmes moved to amend, by inserting at the be- 
 ginning of the sixth section, these words : " 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," 
 and to strike out " The " and of " Senators," in the first line— 
 which motion passed, and the sixth section passed as amended. 
 
 The seventh and eighth sections also passed. 
 
 Article fourth, part third, sections first, second, third, fourth, 
 fifth and sixth, passed severally without amendment. 
 
 Section seventh was then taken into consideration, and the 
 Hon. Mr. Holmes moved to strike out these words in the 
 
54. CONSTITUTIONAL CONVENTION. 
 
 seventh section, commencing in the fourth line : " The expenses 
 of the members of the House of Representatives,, in traveling 
 to the Legislature, and returning therefrom, once in every 
 session, and no more, shall be paid by the State, out of the pub- 
 lic treasury, to every member who shall seasonably attend, in 
 the judgment of the House, and does not depart therefrom 
 without leave." A debate ensued upon this amendment, which 
 continued until the usual hour of adjournment. 
 
 Mr. Low of Lyman, and Mr. Morrill of Wells, asked and ob- 
 tained leave of absence. 
 
 Voted to adjourn to half-past 8 o'clock to-morrow morning. 
 Adjourned accordingly. 
 
SATURDAY, OCTOBER 23. 55 
 
 SATURDAY, October 23, 1819. 
 Met according to adjournment. 
 
 Ordered, That the revising committee, to whom has been 
 committed the preamble and first article of the constitution, be 
 be authorized to cause the same to be engrossed. 
 
 Dr. Thayer of Fairfield, asked and obtained leave of absence 
 after this day. 
 
 The convention resumed the consideration of the seventh 
 section, fourth article, part third, of the constitution. 
 
 Hon. Mr. Holmes amendment was taken up and decided in 
 the negative, thirty-eight members voting in the affirmative, and 
 one hundred and fifty-six in the negative. 
 
 Rev. Mr. Hooper of Paris, moved to strike out these words : 
 " The Senators and Representatives shall receive such compen- 
 sation as shall be established by law," and to insert in lieu 
 
 thereof, " The Senators and Represenatives shall receive 
 
 compensation for their services, which shall not be increased or 
 diminished, to take effect during the term for which they are 
 elected " — which motion was negatived. 
 
 Judge Greene then moved further to amend, by inserting at 
 the end of the seventh section, these words : " but the attend- 
 ance of the members shall be paid by the several towns and 
 classes, in which they shall have been elected " — which motion 
 was negatived. 
 
 Mr. Herrick of Bowdoinham, moved further to amend in the 
 first line, between the words 9 receive " and " such," by inserting 
 these words, " out of the treasury of the State," and to strike 
 out what remains of the section after the period following the 
 word "it," in the fourth line — which motion was also negatived. 
 
 Hon. Mr. Holmes then moved further to amend by inserting 
 at the end of the section, these words : u and they shall be 
 
5ft CONSTITUTIONAL CONVENTION. 
 
 paid for their attendance out of the public treasury, and the 
 expense thereof shall be assessed on the inhabitants of each 
 county, according to their number of representatives " — which 
 motion was negatived, twenty members voting in the affirmative, 
 and one hundred and forty-seven in the negative. 
 
 The seventh section then passed without amendment. 
 
 Sections eighth, ninth and tenth, were severally read and 
 paesed without amendment. 
 
 The eleventh section was then considered. 
 
 Mr. Yance moved to amend by striking out in the second 
 line, " Post Offices " — which motion, after some debate, was 
 withdrawn by the mover. 
 
 Judge Thatcher then moved to strike out the following 
 words : " no member of Congress, nor persons holding any 
 office under the United States " — which motion was negatived. 
 
 Mr. Dane of Wells, moved to amend in the third line, and to 
 insert after "Justices of the Peace," these words, " of the 
 Sessions " — which motion was negatived. 
 
 Sections eleventh and twelfth, passed without amendment 
 
 Article fifth, part first, section first, passed. 
 
 Section second was then considered. 
 
 Hon. Mr. Holmes moved to amend in the second line by 
 striking out, " on the second Monday of September annually " — 
 which motion passed in the affirmative, as did the second sec- 
 tion as amended. 
 
 Section third. Hon. Mr. Holmes moved to amend in the 
 seventh line, by inserting after the word ''January," these words, 
 "then next," and in the thirteenth line, to insert after the word 
 " list," these words, " if so many there be " — which motion 
 passed in the affirmative, and the third section passed as 
 amended. 
 
 Sections fifth, sixth and seventh, severally passed without 
 amendment. 
 
SATURDAY, OCTOBER 23. 57 
 
 Section eighth. Hon. Mr. Holmes moved to amend in the 
 third line by striking out the word " and/' before the word 
 "register," and inserting after the word " Probate," these words, 
 " and Notaries Public, and all other civil and military officers, 
 whose appointment is not by this Constitution, or shall not by 
 law be otherwise prescribed " — which motion prevailed, and 
 the section passed as amended. 
 
 Sections ninth, tenth, eleventh, twelfth and thirteenth, were 
 severally read and passed without amendment. 
 
 Article fifth, part second, section first. Hon. Mr. Holmes 
 moved to insert after the words "citizens of," in the second line, 
 these words, "the United States and resident " — which motion 
 passed in the affirmative. 
 
 Mr. Leighton of Shapleigh, moved further to amend, by 
 striking out "seven," and to insert in lieu thereof, " five " — 
 on this motion a debate ensued, which continued until the usual 
 hour of adjournment, when the Convention 
 
 Adjourned until 3 o'clock in the afternoon. 
 
 AFTERNOON. 
 
 Met. Mr. Leighton's amendment was considered, the ques- 
 tion taken and decided in the negative, seventy-four members 
 voting in the affirmative, and one hundred and ten in the nega- 
 tive. 
 
 Section first then passed as amended, without division. 
 
 Section second. Mr. Baldwin moved to amend by striking 
 out in the first, second and third lines, these words, " on the 
 first Wednesday of January, by a joint ballot of the Senators 
 and Representatives in Convention," and to insert in lieu 
 thereof, " by the qualified electors on the second Monday of 
 September " — which motion was negatived. 
 
 Mr. Dickinson then moved further to amend by striking out 
 "appointment" in the fifth line, and to insert "Election;" and 
 on motion of Mr. Wallingford, the section was further amended 
 by inserting at the end thereof, these words, " and they shall 
 be privileged from arrest, in the same manner as Senators and 
 Representatives." The second section then passed as amended. 
 
58 CONSTITUTIONAL CONVENTION. 
 
 Section third, second line. Hon. Mr. Whitman moved to 
 insert after the word " present/' these words, " who may agree 
 thereto " — which motion prevailed, and the section passed as 
 amended. 
 
 Section fourth. Hon. Mr. Holmes moved to amend by 
 striking out " Senate and House of Representatives," and to 
 insert " Legislature ;" and the Hon. Mr. Whitman moved to 
 strike out the word " under," in the third line, and to insert 
 the words " in the executive departments of " — which amend- 
 ments passed, and the fourth section passed as amended. 
 
 Article fifth, part third, Secretary. Sections first, second, third 
 and fourth, were severally read and passed without amendment. 
 
 Article fifth, part fourth, Treasurer. Sections first, second, 
 third and fourth, passed severally without amendment. 
 
 Article sixth, Judicial powers. Sections first, second, third, 
 fourth, fifth and sixth, were severally read and passed without 
 amendment. 
 
 Article seventh, Military. Section first. Col. Currier moved 
 to amend by inserting after the word "companies," these words, 
 " the electors shall be twenty-one years of age " — which motion 
 was negatived. 
 
 On motion of Judge Bridge, 
 
 Ordered, That a committee of nine be appointed to take into 
 consideration the apportionment of Senators and Representa- 
 tives for the first Legislature, and to report such facts as they 
 may find in relation thereto ; and whether justice requires that 
 any alterations should take place in such apportionment. 
 
 The Hon. Judge Greene, Judge Parris, Dr. Rose of Boothbay, 
 Mr. Getchell of Vassalboro', Mr. Virgin of Rumford, Col. 
 Trescott of Lubec, Major Treat of Bangor, Col. Atherton of 
 Prospect, and Mr. Collins of Anson, were appointed the said 
 committee. 
 
 Ordered, That the second, third, fourth, fifth and sixth arti- 
 cles of the constitution, be committed to the revising committee? 
 that the same may be examined by them ; and that they be 
 directed to cause the same to be engrossed. 
 
SATURDAY, OCTOBER 23. 59 
 
 Mr. Butterfield of North Hill, Mr. Wallingford of Wells, and 
 Mr. Wood of Wiscasset, asked and obtained leave of absence* 
 
 Voted, That when the convention adjourn, it be until half- 
 past 8 o'clock, on the morning of Monday next. 
 Adjourned accordingly. 
 
60 CONSTITUTIONAL CONVENTION. 
 
 MONDAY, October 25, 1819. 
 
 Met according to adjournment. 
 
 A communication was received from the Secretary of the 
 Commonwealth of Massachusetts, inclosing a list of the votes 
 given in, in the several towns, within the District of Maine, 
 upon the subject of the separation of said District ; which was 
 ordered to be placed upon the files. 
 
 Gen. Wingate moved to reconsider the vote which passed 
 on Saturday, on the amendment proposed by the Hon Mr. 
 Whitman, in the fifth article, part second, section fourth, third 
 line, which was in these words; strike out the word " under," 
 and insert the words, "in the Executive departments of " — 
 which motion prevailed, and the amendment was lost. 
 
 The Hon. Mr. Holmes then moved to insert after the word 
 u State," in the second line, the words, " or persons holding any 
 executive office under the United States, or this State, notaries 
 public excepted " — which motion was taken into consideration, 
 and afterwards withdrawn by the Hon. mover. 
 
 The Hon. Mr. Holmes moved the following amendment at 
 the end of the third section, article fourth, part first, in these 
 words : " and whenever any town, not entitled to elect a rep- 
 resentative, shall determine against a classification with any 
 other town or plantation, the Legislature shall, at each appor- 
 tionment of representatives, on the application of each town, 
 authorize it to elect a representative for such portion of time, 
 and at such periods as shall be equal to its proportion of rep- 
 resentatives, and the right of representation so established, shall 
 not be altered until the next general apportionment; the 
 amendment was taken up and considered, and a motion was 
 made to commit the same ; the motion prevailed, and the same 
 was committed to Mr. Dole of Alna, Mr. Wood of Lebanon, 
 Mr. Leach of Raymond, Mr. Lamson of Wayne, Doctor Perkins 
 
MONDAY, OCTOBER 25. gl 
 
 of Weld, Col. Atherton of Prospect, Mr. Neal of Madison, Mr. 
 Wilkina of Orrington, and Mr. Burgin of Eastport. 
 
 Gen. Wingate then submitted a further amendment to the 
 third section aforesaid, which was read and ordered to lie upon 
 the table. 
 
 Section one, article seventh, Military, was then again taken 
 into consideration. 
 
 Gen. Wingate moved to amend by inserting after the word 
 " votes," in the second line, the words, " the members " — which 
 motion prevailed, and the section passed as amended. 
 
 Section second was then considered. 
 
 Gen. Wingate moved to amend in the first line, by striking 
 out after the word "the," these words, " time and manner of 
 convening the electors, collecting the votes and certifying to 
 the Governor the officers elected," and to insert the words, 
 " the manner of notifying the electors, conducting the elections, 
 and of making the returns to the Governor of the officers 
 elected " — which motion prevailed, and the section passed as 
 amended. 
 
 Section third. Hon. Mr. Holmes moved to amend the third 
 and fourth lines, by striking out these words, "and the command- 
 ers of forts and garrisons," and to insert after the words "Ad- 
 jutant General," the words " and Quartermaster General : 
 Provided the Adjutant General shall perform the duties of 
 Quartermaster General until otherwise directed by law " — 
 which motion prevailed, and the Hon. Mr. Holmes moved to 
 amend, by inserting at the end of section third these words, 
 " and all military officers shall be commissioned by the Gover- 
 nor " — which motion prevailed, and the section was so amended. 
 
 Col. Hobbs of Berwick, moved further to amend by striking 
 out in the first and second lines, these words : " The Major 
 Generals shall be chosen by the Senate and House of Repre- 
 sentatives, each having a negative on the other," and to insert, 
 " the Major Generals shall be chosen by the Brigadier Gen- 
 erals, and the field officers in their respective divisions " — which 
 motion was decided in the negative. 
 
$2 CONSTITUTIONAL CONVENTION. 
 
 Mr. Abbot of Castine, moved to strike out the word " and/' 
 and to insert the words " with advice of," in the first line^ 
 which amendment prevailed, and the third section then passed 
 as amended. 
 
 Section fourth passed without amendment. 
 
 Col. Stevens presented the petition of Jeremiah Bailey and 
 others, upon the subject of the militia— Which was read and 
 ordered to lie upon the table. 
 
 Section fifth Was then considered. 
 
 Mr. Hall of Buckfield, moved to amend the same by striking 
 out the whole of said section, and to insert in lieu thereof, the 
 following: u The militia, who are by law obliged to bear arms, 
 shall have a reasonable compensation for their services " — * 
 upon which amendment a debate ensued which continued' until 
 the usual hour of adjournment, when the convention 
 
 Adjourned until 3 o'clock in the afternoon, 
 
 AFTERNOON. 
 Met. Mr. Hall's amendment Was again considered, and the 
 motion was amended by the mover, so as the same should read 
 as an amendment, to be inserted at the end of the section, 
 which motion was decided in the negative^ seventy four mem* 
 bers voting in the affirmative, and one hundred and twenty-seven 
 in the negative, so the motion was lost. 
 
 Col. Atherton then moved further to amend, by striking out 
 the whole of the fifth section, and to insert in lieu thereof these 
 words : " Section fifth. " No person of the age of eighteen 
 years, and under the age of forty-five years, shall be exempted 
 from the performance of duty in the militia, excepting the Jus- 
 tices of the Supreme Judicial Court, Ministers of the Gospel, 
 Officers of the Militia who have been superceded or honorably 
 discharged, and such other persons as are or may be exempted 
 by the laws of the United States, unless' he shall pay an equiv- 
 alent, which said equivalent shall be paid to such officers, as a 
 fund for clothing and equipping the Militia, and apportioned in 
 such manner as the Legislature of the State may direct "'-—which 
 motion was negatived. 
 
MONDAY, OCTOBER 25. 
 
 Mr. Francis of Leeds, moved a further amendment by striking 
 out the whole of the section under consideration, and in lieu 
 thereof, to insert the following : " Persons whose religious sen- 
 timents forbid their engaging in war, may be exempted from 
 military duty ; but no person except the Justices of the Supreme 
 Judicial Court, shall be exempted by reason of holding or having 
 held any civil office under the State, without paying an equiva* 
 lent" — which motion was passed in the negative. 
 
 Gen. Chandler moved further to amend by inserting at the 
 end of the section, these words, u And all persons borne on the 
 rolls of any Company of militia, and doing military duty therein, 
 shall be exempt from poll-tax, in the State and County taxes, 
 during the time he shall so do military duty— which motion 
 passed in the negative. 
 
 Hon. Mr. Holmes moved to amend by striking out in the 
 second line, the word " shall," and to insert the word " may"— 
 which motion prevailed, and the fifth, section then passed as 
 amended. 
 
 Mr. Bradbury of York, asked and obtained leave of absence. 
 
 Voted, That when the Convention adjourn, it be until 7 
 o'clock this evening. 
 
 o 
 
 Adjourned accordingly, 
 
 EVENING. 
 
 Met according to adjournment. 
 
 Article eighth, Literature, was taken into consideration. 
 
 Dr. Rose moved to amend in the tenth line, by inserting 
 after the word "made," the words "by the Legislature," — ■ 
 which motion passed in the affirmative. 
 
 Mr. Sheplcy of Saco, moved to amend by striking out these 
 words, " the Governor and Council, shall have the power of 
 revising and negativing the doings and government of such 
 institution, in the selection of its officers and the management 
 of its fund ;" and to insert in lieu thereof, the following: " The 
 Legislature of the State, shall have the right to grant any fur* 
 
64 CONSTITUTIONAL CONVENTION. 
 
 ther powers to, or alter, limit, or restrain any of the powers 
 vested in any such literary institution, as shall be judged nec- 
 essary to promote the best interest thereof" — which motion 
 prevailed, one hundred and fifty-one members voting in the 
 affirmative, and eighteen in the negative. 
 
 Mr. Stockbridge of North Yarmouth, moved further to amend, 
 by striking out the whole of the u Proviso " in said section, in 
 order to insert a substitute, which he read in his place ; the 
 the question was put upon striking out, and decided in the neg- 
 ative; so the motion was lost, and the article passed as 
 amended. 
 
 Article ninth, General Provisions. 
 
 Section first. The Hon. Mr. Holmes moved to amend in the 
 seventh and eighth lines, by striking out the words " of this 
 State," in the seventh line, and to insert the same in the eighth 
 line, after the word "States ;" and further to amend by insert- 
 ing at the end of the section, these words, " and whenever the 
 Governor or any Councilor, 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" — which motion prevailed, and 
 the section passed as amended. 
 
 Section second. Gen. Wingate moved to amend, by inserting 
 in the fourth line, after " Adjutant General," the words, 
 "Quartermaster General;" and the Hon. Mr. Holmes moved 
 further to amend by striking out in the third line, " Solicitor 
 General ;" and in the fifth line, between the words " Sheriff 
 and Clerk," insert "or," and strike out "or Clerk of any 
 inferior Court " — which motion passed in the affirmative, and 
 the second section passed as amended. 
 
 Sections third, fourth and fifth, were severally read and 
 passed. 
 
 Section sixth. Hon. Mr. Holmes moved to amend by insert- 
 ing after the word " for," at the end of the first line, these 
 words, " or which shall not otherwise be provided by law," and 
 to insert at the end of the section, " but not exceeding five 
 years " — which motion prevailed. 
 
MONDAY, OCTOBER 25. (55 
 
 Mr. Knight of Falmouth, moved further to amend by adding 
 to the section these words : " No person who denies the 
 christian religion shall hold any office in the civil department of 
 this State " — which motion was advocated by the mover, and 
 passed in the negative; the sixth section then passed as 
 amended, without division. 
 
 Col. Atherton, gave notice that he should at 3 o'clock to- 
 morrow afternoon, call up the resolution submitted by him, 
 some days since, relative to the location of the seat of govern- 
 ment. 
 
 Ordered, That so much of the constitution as has been ac- 
 cepted by the convention, be committed to the revising com- 
 mittee; and that Mr. Kingsbury of Gardiner, and Judge Ames 
 of Bath, be added to said committee. 
 
 Voted to adjourn to half-past 8 o'clock to-morrow morning. 
 Adjourned accordingly. 
 
(Jg CONSTITUTIONAL CONVENTION. 
 
 TUESDAY, October 26, 1819. 
 Met according to adjournment. 
 
 Mr. Thrasher of Cape Elizabeth, moved that a Committee 
 be appointed to report to this Convention, all laws of Mas- 
 sachusetts, which are repugnant to the Constitution of Maine — 
 which motion was read and ordered to lie upon the table. 
 
 Judge Cony submitted the following resolution, which was 
 read and ordered to lie upon the table. 
 
 Resolved, That a Committee of be appointed to pro- 
 cure a suitable public Seal, and also a proper device for the 
 Arms of the State. 
 
 Judge Greene, Chairman of the Committee appointed to take 
 into consideration the apportionment of Senators and Represen- 
 tatives for the first Legislature, made a report, and a statement 
 of facts in relation thereto, which were submitted. The Com- 
 mittee find the whole number of Inhabitants according to the 
 most correct estimate, which they have been able to make, to 
 be as follows, viz : 
 
 In the County of 
 
 No. of Inhabitants. 
 
 Senators. 
 
 Fraction wanting. 
 
 Excess 
 
 York, 
 
 50,291 
 
 4 
 
 10,765 
 
 
 Cumberland, 
 
 56,043 
 
 4 
 
 5,013 
 
 
 Lincoln, 
 
 59,148 
 
 4 
 
 1,918 
 
 
 Kennebec, 
 
 54,992 
 
 3 
 
 
 9,200 
 
 Oxford, 
 
 33,336 
 
 2 
 
 
 2,808 
 
 Somerset, 
 
 30,790 
 
 2 
 
 
 262 
 
 Hancock, 
 
 34,276 
 
 2 
 
 
 3,748 
 
 Penobscot, 
 
 19,126 
 
 i 
 
 
 3,862 
 
 Washington, 
 
 13,076 
 
 1 
 
 2,188 
 
 
 And the opinion of the Committee upon the foregoing facts, 
 is, that should the number of Senators be increased to twenty- 
 four, justice requires that four Senators should be appointed to 
 Kennebec, that county having a fraction much larger than any 
 
TUESDAY, OCTOBER 26. 67 
 
 other according to the apportionment, made by a former Com- 
 mittee. 
 
 The above report was read, and thereupon 
 
 Resolved, That one additional Senator be added, so that the 
 whole number of Senators which may be elected be increased 
 to twenty-four; that this additional Senator be placed to the 
 county of Kennebec, and that the report be so far amended, as 
 that the county of Kennebec may be entitled to send four 
 Senators to the first Legislature — which resolve was read and 
 passed. 
 
 Mr. Johnson of Belfast, then moved that one additional Sen- 
 ator be added to the county of Hancock — which motion was 
 afterwards withdrawn by the mover, and 
 
 The Hon. Mr. Holmes then moved to reconsider the former 
 votes assigning the number of Senators to be elected and re- 
 turned to the first Legislature ; and to adopt the following 
 apportionment of Senators to be elected for the first Legisla- 
 ture : The counties of York, Cumberland, Lincoln and Ken- 
 nebec, may elect three each; the counties of Hancock, Oxford 
 and Somerset, may elect two each ; the counties of Washington 
 and Penobscot, may elect one each, making the whole number 
 of Senators for the first Legislature twenty — which motion 
 passed in the affirmative. 
 
 Hon. Mr. Holmes moved to amend the fourth article, part 
 second, in section first, line second: and in section second, 
 line eighth, by striking out the word " three " — which motion 
 prevailed. 
 
 Mr. Kingsbury of Gardiner, moved to reconsider the last 
 vote — which motion was negatived. 
 
 Article tenth was then considered. 
 
 Section first. Mr. Dane of Wells, moved to amend by in- 
 serting after the word " next/' in the second line, these words : 
 " The choice of Councilors, Secretary and Treasurer, on the 
 first Wednesday of January annually, shall not be made until 
 the year of our Lord, eighteen hundred and twenty-two ;" and 
 further to amend said section in the fourth line, by inserting after 
 
,gg CONSTITUTIONAL CONVENTION. 
 
 tlie word " time," these words : u The choice of Councilors, 
 Secretary and Treasurer, shall be made on the last Wednesday 
 of May next " — which motion passed in the affirmative. 
 
 Hon. Mr. Holmes moved further to amend by striking out 
 the word " four," and to insert u three," in the twenty-fourth, 
 twenty-fifth and twenty-sixth lines," which motion prevailed*, 
 and further to amend in the thirty-seventh line, by striking out 
 "members," and to insert the word "numbers" — which passed 
 in the affirmative. 
 
 On motion of Mr. Dearborn, the convention resolved them- 
 selves into a committee of the whole, upon the subject of rep- 
 resentation in the House of Representatives; Hon. Judge 
 Thatcher in the chair. After some time in committee, the 
 Honorable President resumed the chair, and the Honorable 
 Ohairman reported: That the committee had, according to 
 order, had the subject committed to them, under consideration ; 
 (had made some progress, and asked leave to sit again ; which 
 report was stated from the Chair, and thereupon 
 
 Resolved, That the committee of the whole convention, have 
 leave to sit again. 
 
 Mr. Burnham of Limerick, asked and obtained leave of ab- 
 sence. 
 
 Adjourned to 3 o'clock this afternoon. 
 
 AFTERNOON. 
 
 Met. The convention again resolved themselves into a com- 
 mitte of the whole, and, after sometime spent therein, the Hon- 
 orable President resumed the chair, and the Hon. Judge 
 Thatcher reported that the committee of the whole convention, 
 had had under consideration the subject of representation in 
 the House of Representatives; had made some progress, and 
 asked leave to sit again, and thereupon 
 
 Resolved, That the said committee have leave to sit again. 
 
 Voted, That when the convention adjourn, it be until 7 o'clock 
 this evening. 
 
 Adjourned accordingly. 
 
TUESDAY, OCTOBER 26. g9 
 
 EVENING. 
 
 Met. The convention again resolved themselves into a com- 
 mittee of the whole, upon the subject of representation in the 
 House of Representatives, and after some time spent therein, 
 the Honorable President resumed the chair, and the Hon. 
 Judge Thatcher reported, that the committee of the whole con- 
 vention had had under consideration the second and third sec- 
 tions of the fourth article of the constitution, relative to rep- 
 resentation in the House of Representatives, and directed him 
 to report the same, without amendment; which report was 
 accepted. 
 
 Voted, That when the convention adjourn, it be until half- 
 past 8 o'clock to-morrow morning. 
 Adjourned accordingly. 
 
70 CONSTITUTIONAL CONVENTION. 
 
 WEDNESDAY, October 27, 1819. 
 
 Met according to adjournment. 
 
 Hon. Mr. Holmes, chairman of the revising committee, reported 
 the second, third and fourth articles of the constitution, as ex- 
 amined by them, and thereupon 
 
 Ordered, That the said articles now be engrossed. 
 
 The Preamble and Bill of Rights, or first article of the con- 
 stitution, as reported by the revising committee, as being 
 correctly engrossed, was again read, and the same passed unani- 
 mously. 
 
 On motion of the Hon Mr. Moody, 
 
 To-morrow, at 10 o'clock, was assigned for coming to the 
 choice of a Secretary of State pro tempore, and that nominations 
 be suspended in the meantime. 
 
 Resolved, That Mr. Preble of Cumberland, Mr. Thatcher, 
 junior, of York, Judge Ames of Lincoln, Mr. Jarvis of Han- 
 cock, Mr. Burgin of Washington, Mr. Gage of Kennebec, Mr. 
 Virgin of Oxford, Mr. Coburn of Somerset, and Mr. Stetson of 
 Penobscot, be a committee to prepare an address, in behalf of 
 this convention, to the people of Maine, to be distributed with 
 the constitution submitted to the people. 
 
 Mr. Boyd of Limington, asked and obtained leave of absence. 
 
 The convention further considered the motion made by Mr. 
 Dearborn, for reconsideration of the vote relative to the sub- 
 ject of representation in the House of Representatives ; and the 
 motion was so far withdrawn by the mover, as to admit the 
 following : m 
 
 The Hon. Mr. Holmes moved to amend the third section, 
 fourth article, in the second line : strike out " four thousand," 
 and insert "three thousand seven hundred and fifty ;" and in 
 the fourth line, strike out u seven thousand five hundred," and 
 insert " six thousand seven hundred and fifty " — which motion 
 passed in the affirmative. 
 
WEDNESDAY, OCTOBER 27. 71 
 
 A further amendment was then moved by the Hon. Mr. 
 Holmes, by inserting at the end of the third section, fourth 
 article, part first, these words : " And whenever any town or 
 towns, plantation or plantations, not entitled to elect a repre- 
 sentative, shall determine against a classification with any 
 other town or plantation, the Legislature may, at each appor- 
 tionment of representatives, on the application of such town or 
 plantation, authorize it to elect a representative for such por- 
 tion of time and such period as shall be equal to its portion of 
 representation, and the right of representation, so established, 
 shall not be altered, until the next general apportionment " — 
 which amendment passed in the affirmative, and the said sec- 
 tions were so amended. 
 
 ♦ 
 Several propositions were made in writing, as substitutes for 
 
 the second and third sections, fourth article of the Constitu- 
 tion; these propositions were from Mr. Wilson of Bingham, 
 Mr. Stevens of China, Mr. Baldwin of Mercer, Mr. Grover of 
 Bethel, Mr. Neal of Elliot, Mr. Tucker of Standish, Mr. Thomas 
 oT Eden, Major Swan of Winslow, Mr. Allen of Norridgewock, 
 Mr. Shaw of Newport, Dr. Rose of Boothbay, Judge Cony of 
 Augusta, Major Treat of Bangor, Mr. Riley of Newry, Mr. 
 Leonard of Brewer, and Mr. Johnson of Jackson — which were 
 severally read, and ordered to be placed upon the files of the 
 Convention. 
 
 Article eleventh, Section first, was again taken into consider- 
 ation. 
 
 moved to amend by striking out the arrange- 
 ment made as in the printed report for the county of Penobscot, 
 and to insert in lieu thereof, the following : " The towns of 
 Hampden and Newburg may elect one representative ; Orrington 
 and Brewer, Eddington and Plantation adjacent on the east 
 side Penobscot, one ; Bangor, Orono, and Sunkhase Plantation, 
 one; Dixmont, Newport, Carmel, Hermon, Stetson and Plan- 
 tation No. 4, in the 6th Range, one; Levant, Corinth, Exeter ; 
 New Charleston, Blakesburg, Plantation No. 1, in the 3d Range, 
 and Plantation No. 1, in the 4th Range, one; Dexter, Garland, 
 Guilford, Sangerville, and Plantation No. 3, in the 6th Range, 
 
72 CONSTITUTIONAL CONVENTION. 
 
 one; Atkinson, Sebec, Foxcroft, Brownville, Williamsburgh, 
 Plantation No. 1, 7th Range, and No. 3, in 7th Range, one " — 
 which motion prevailed. 
 
 And the section was further amended by inserting the 
 following arrangement and apportionment for the county of 
 Oxford : " The towns of Dixfield, Mexico, Weld, and Planta- 
 tions Nos. 1 and 4, one representative ; Jay and Hartford, 
 one ; Livermore, one \ Rumford, East Andover, and Plantations 
 Nos. 7 and 8, one ; Turner, one ; Woodstock, Paris, and Green- 
 wood, one ; Hebron and Norway, one ; Gilead, Bethel, Newry, 
 Albany, and Howard's Gore, one j Porter, Hiram and Brown- 
 field, one; Waterford, Sweden and Lovel, one; Denmark, 
 Fryeburg and Fryeburg addition, one; Buckfield and Turner, 
 one. £ 
 
 The apportionment of Representatives for the counties of 
 Lincoln and Hancock, were committed to the delegates from 
 said counties, respectively, for them to consider said appoint- 
 ment, and to report this afternoon. 
 
 Section second, line second. Mr. Kingsbury moved to amend 
 by striking out the word "are,'' and to insert these words, "first 
 elected and appointed " — which motion prevailed, and the sec- 
 tion passed as amended. 
 
 Sections third and fourth passed without amendment. 
 
 Section fourth. Col. Moody moved to amend in the ninth 
 line by striking out these words, "or shall not " — which motion 
 prevailed, and the section passed as amended. 
 
 Sections fifth and sixth passed without amendment. 
 
 Adjourned to 3 o'clock this afternoon. 
 
 AFTERNOON. 
 
 Met. Resolved, That Col. Moody, Judge Parris, Gen. Chan- 
 dler, Gen. Kendal], and Col. Pond, be a committee to consider 
 and report the day to be named by the convention, when the 
 inhabitants of the several towns and plantations shall give in 
 their votes for, or against the adoption of the constitution for 
 the new State ; and also the manner in which the constitution 
 
WEDNESDAY, OCTOBER 27. 73 
 
 shall be published and distributed together with the accom- 
 panying address. 
 
 The committee composed of the delegates from the County 
 of Lincoln, made a report upon the subject of the apportion- 
 ment of representatives in said county, to amend in the third 
 line after " Putnam," insert " Patricktown Plantation/' and in 
 the fifth line to strike out " Nobleborough and Newcastle," and 
 to insert " Woolwich and Dresden" — which report was read 
 and accepted. 
 
 The committee of delegates for the County of Hancock, 
 made a report as follows : Strike out after the word u one," 
 in the sixth line to the end of the paragraph, and to insert the 
 following: "Lincolnville, Searsmont and Belmont, one repre- 
 sentative ; Belfast and Northport, one ; Prospect and Swanville, 
 one ; Frankfort and Monroe, one ; Knox, Brooks, Jackson and 
 Thorndike, one" — which report was read and accepted. 
 
 The following amendment was offered by Col. Lewis, to be 
 added to Article ninth — General Provisions : 
 
 u Section seventh. And while the public charges of the 
 State or any part thereof, shall be assessed on polls or estates, 
 in the manner that has hitherto been practised, in order that 
 such assessments may be made with equality, there shall be a 
 valuation of estates, within the State, taken anew, once in 
 every ten years at least, and as much oftener as the Legislature 
 shall direct " — the above amendment passed in the affirmative, 
 without division. 
 
 Col. Atherton moved to reconsider the vote relative to the 
 fifth section, seventh article of the constitution, passed the 
 25 th instant, and is in these words : "Section fifth. Persons 
 of the denomination of Quakers and Shakers may be exempt 
 from military duty, but no person except the Justices of the 
 Supreme Judicial Court, shall be exempted by reason of hold- 
 ing, or having held, any civil office under this State, without 
 paying an equivalent " — the motion for reconsideration pre- 
 vailed, and the section was striken out; and, on motion of Col. 
 Atherton, the following substitute was adopted : 
 
 u Section fifth. Persons of the denomination of Quakers and 
 
74 CONSTITUTIONAL CONVENTION. 
 
 Shakers, Justices of the Supreme Judicial Court, ordained 
 and settled ministers of the Gospel, may be exempted from 
 military duty; but no other person of the age of eighteen, and 
 under the age of forty-five years, excepting officers of the 
 militia, who have been honorably discharged, shall be so 
 exempted, unless he shall pay an equivalent, to be fixed by 
 law " — which motion prevailed, and the section was so amended. 
 
 Several amendments were proposed to the constitution and 
 negatived. 
 
 Mr. Thomas of Friendship, asked and obtained leave of ab- 
 sence, after this day. 
 
 Voted to adjourn to half-past 8 o'clock to-morrow morning. 
 Adjourned accordingly. 
 
THURSDAY, OCTOBER 28. 75 
 
 THURSDAY, October 28, 1819. 
 
 Met according to adjournment. 
 
 Mr. Weymouth of Belmont, submitted a proposition relative 
 to the Judiciary, which was read and ordered to lie upon the 
 table. 
 
 Ordered, That Col. Moody, Judge Parris, Gen. Chandler, 
 Gen. Kendall, and Col. Pond, be a committee to consider and 
 report the time and place to which this Convention shall 
 adjourn, in order that they may finish the business assigned 
 them, by an act relating to the separation of Maine from Mas- 
 sachusetts proper, and forming the same into a separate and 
 independent State. 
 
 The Hon. Mr. Holmes moved the following amendment to 
 be inserted in Article tenth — Schedule — Section first : u and in 
 case of 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 of State pro tempore, to be 
 by them appointed, shall have and perform" — which amend- 
 ment passed in the affirmative. 
 
 Hon. Mr. Moody, chairman of the committee appointed yes- 
 terday, upon the subject of printing and distributing the Con- 
 stitution and address, submitted the following resolution, which 
 was read and passed : 
 
 Resolved, That the Secretary of the Convention be author- 
 ized and required, to procure to be printed a sufficient number 
 of copies of the Constitution and the address to the people of 
 Maine, and distribute as soon as may .be, one copy to the 
 Selectmen of each town, and the Assessors of each district or 
 
76 CONSTITUTIONAL CONVENTION. 
 
 plantation, one to each Clerk of the several towns and planta- 
 tions, and one to each of the members of the Convention ; and, 
 also to cause the same to be published in the several news- 
 papers printed within this district. 
 
 The same Committee reported the following resolution : 
 
 Resolved, That when the business of the first session of this 
 Convention is completed, the Convention will adjourn to meet 
 on the first Wednesday of January next, at the Court House in 
 Portland — read and accepted. 
 
 Col. Atherton of Prospect, moved the following resolution, 
 as a substitute for the one he had previously offered on the 
 subject of location of the Seat of Goverment : 
 
 Resolved, That the first meeting of the Legislature of the 
 State of Maine, and for the organization of its Government, 
 shall be in the town of Portland; which was read, and ordered 
 that the above resolution be committed to the committee ap- 
 pointed to prepare and report a Constitution or frame of Gov- 
 ernment for the new State. 
 
 On motion of Col. Moody, 3 o'clock this afternoon, was as- 
 signed for coming to the choice of a Treasurer. 
 
 Judge Campbell of Harrington, Mr. Yosc of Robbinston, 
 Mr. Allen of Norridgewock, Mr. Stockbridge of North Yar- 
 mouth, and the Rev. Mr. Hooper of Paris, asked and obtained 
 leave of absence. 
 
 Agreeably to assignment, the Convention proceeded to the 
 choice of a Secretary of State pro tempore. 
 
 Mr. Preble of Portland, Judge Greene, Gen. Chandler, Mr. 
 Dole of Alna, and Mr. Johnson of Belfast, were appointed a 
 committee to collect, sort and count the votes, for a Secretary 
 of State pro tempore, for the new State. 
 
 The Committee reported that the whole number of votes 
 given in, were two hundred and seventy-seven ; necessary to a 
 choice, one hundred and thirty-nine ; no person having that 
 number, the Convention proceeded to a second ballot ; when it 
 appeared that the whole number of votes was two hundred and 
 ninety,- necessary to a choice, one hundred and forty-six; Ashur 
 Ware, Esq., had one hundred and fifty-seven votes, and was 
 declared elected. 
 
THURSDAY, OCTOBER 28. 77 
 
 Resolved, That Judge Parris, Hon. Mr. Whitman, and Mr, 
 Preble, be a committee to receive the returns of the several 
 towns and plantations, approving or disapproving of the Con- 
 stitution prepared by this Convention — read and accepted. 
 
 Ordered, That the committee on the pay roll, be requested 
 to make up the roll, including to-morrow. 
 
 Articles second, third, fourth, fifth, sixth, seventh and eighth, 
 of the constitution, were reported by the revising committee, as 
 having been examined by them as correctly engrossed, were 
 severally read and passed. 
 
 Adjourned to 3 o'clock this afternoon. 
 
 AFTERNOON. 
 
 Met. Mr. Low of Lyman, submitted the following resolu- 
 tion : 
 
 Resolved, unanimously, That this convention present their 
 thanks to their Honorable President, for the candor and impar- 
 tiality, with which he has conducted in his office, and for his 
 successful endeavors to preserve peace and harmony during our 
 session; and that we tender him our wish for a happy return 
 to his family, and the possession of all those blessings which 
 sensibility can enjoy. 
 
 Which resolve was read by the Secretary and unanimously 
 adopted. 
 
 Upon which the Honorable President made the following 
 reply : 
 
 " Gentlemen of the Convention : 
 
 This testimony of your approbation is to me invaluable. If 
 I have been successful in the discharge of the duties which the 
 partiality of friends assigned me, to your uniform candor and 
 support it must be attributed; which will always be gratefully 
 acknowledged. 
 
 u Permit me, gentlemen, to congratulate you upon the har- 
 mony and mutual respect which has prevailed during your 
 deliberations, and to hope that this spirit of toleration and 
 good will, will be generaly diffused by your example. 
 
78 CONSTITUTIONAL CONVENTION. 
 
 "I will only acld ; my best wishes for your prosperity and 
 happiness, and that for your public services, as well as your 
 individual exertions, you may receive the confidence and grati- 
 tude of your fellow citizens." 
 
 Agreeably to assignment, the convention proceeded to the 
 choice of a Treasurer. 
 
 Mr. Preble of Portland, Judge Greene, Gen. Chandler, Mr. 
 Dole of Alna, and Mr. Johnson of Belfast, were appointed a 
 committee to collect, sort and count the votes for a Treasurer; 
 when it appeared that the 
 
 Whole number of votes given in, was . 263 
 
 Necessary to a choice, . . .132 
 
 And Hon. Albion K. Parris had . . 222 
 
 votes, and he was declared elected. 
 
 Mr. Wilkins of New Charleston, moved the following amend- 
 ment to the tenth article of the constitution, in these words: 
 " Section eighth. All taxes upon real estate, assessed by the 
 authority of this State, shall be apportioned and assessed 
 equally, according to the just value thereof" — which motion 
 passed in the affirmative, and the section passed as engrossed. 
 
 The remaining articles of the constitution were reported by 
 the revising committee, as being correctly engrossed, and the 
 same were severally read and passed : 
 
 And the question was put upon the acceptance of the con- 
 stitution for the new State, as reported by the committee, and 
 now engrossed as amended, and the same passed in the affirm- 
 ative ; two hundred and thirty-six members voting in the affirm- 
 ative, and thirty in the negative. 
 
 Mr. Coburn of Bloomfield, Mr. Sprague of Avon, Mr. Legrow 
 of Lebanon, Mr. Adams of Gorham, Messrs. Cutler and Gay of 
 Farmington, Mr. Lamson of Wayne, Mr. Francis of Leeds, Mr. 
 Abbot of Castine, Mr. French of St. Albans, Mr. Herrick of 
 Bowdoinham, and Mr. Waugh of Starks, asked and obtained 
 leave of absence. 
 
 Voted to adjourn to half-past 8 o'clock to-morrow morning. 
 Adjourned accordingly. 
 
FRIDAY, OCTOBER 29. 79 
 
 FRIDAY, October 29, 1819. 
 
 Met according to adjournment. 
 
 Gen. Wingate submitted the following resolutions : 
 
 Resolved, That the thanks of this convention be presented 
 to the Reverend Clergymen, "who have performed religious 
 exercises during our session, for the able, devout and satisfac- 
 tory manner in which they have discharged their duty. 
 
 Resolved, That the thanks of this convention be presented 
 to the members of the First Parish in Portland, for the use of 
 the meeting-house of said Parish, gratuitously and generously 
 furnished by them for the accommodation of this convention. 
 
 The above resolutions were unanimously adopted. 
 
 Ordered, That the Secretary of this convention be directed 
 to notify the Hon. Albion K. Parris, that he has been elected 
 by the convention their Treasurer; and also that he notify 
 Ashur Ware, Esquire, that he has been elected by this conven- 
 tion, Secretary pro tempore, of the State of Maine. 
 
 Resolved, That the constitution adopted by this convention, 
 be published and sent to the several towns, districts and plan- 
 tations, within the District of Maine ; and, that the inhabitants 
 thereof qualified by law be required to assemble in their 
 respective towns, districts and plantations, on the first Monday 
 of December next, to give in their votes in writing, expressing 
 their approbation or disapprobation of said constitution — read 
 and accepted. 
 
 Resolved, That the Secretary of State pro tempore, and the 
 Secretary of this convention, be directed to superintend the 
 printing of the constitution; and, also the several resolves 
 which have been passed by this convention, and ordered to be 
 published — read and accepted. 
 
 Resolved, That the Treasurer of the convention be authorized 
 to borrow such sum of money, as may be necessary to pay the 
 members of this convention — read and accepted. 
 
g() CONSTITUTIONAL CONVENTION. 
 
 Resolved, That the Secretary of State pro tempore, be re- 
 quested to procure from the office of the Secretary of State of 
 the United States, authenticated copies of the reports of the 
 several Boards of Commissioners, relative to the boundaries 
 and limits of the State of Maine, in that department ; and, like- 
 wise, authenticated copies of all grants, and confirmation of 
 grants, relative to the title and boundaries of the said State, 
 in the office of the Secretary of State of the Commonwealth of 
 Massachusetts j and that they be placed in the office of the 
 Secretary of State of this State— read and accepted. 
 
 Resolved, That the application to Congress for the admission 
 of the State of Maine into the Union, be signed by the Presi- 
 dent, and forwarded to Congress by the Senators and the 
 Eepresentatives in Congress from Maine— read and accepted. 
 
 Resolved, That Judge Parris, Mr. Preble, and the Hon. Mr. 
 Whitman, be a committee to prepare a proper form of a return 
 of votes on the question of the acceptance o( the constitution, 
 to be forwarded to the selectmen of the several towns, and 
 assessors of the several plantations- — read and accepted. 
 
 The committee to whom had been committed the subject of 
 the location of the seat of government, and to designate the 
 place where the first meeting of the Legislature shall be held, 
 reported, that they had attended to the duty assigned them, 
 and submitted the following resolution, as taken into a new 
 draft : 
 
 Resolved, That Portland be the place for the first meeting 
 of the Legislature for the State of Maine — -which resolve was 
 read and accepted, one hundred and seventy-five members voting 
 in the affirmative, and seventy in the negative. 
 
 Resolved, That the constitution, as accepted by this conven- 
 tion, be signed by the President, and countersigned by the Sec- 
 retary ; and that the Secretary cause the names of those mem- 
 bers who have signed the constitution to be entered on the 
 journal, and that the same be annexed to, and printed with the 
 constitution—read and accepted. 
 
FRIDAY, OCTOBER 29. 3| 
 
 A communication was received from Ashur Ware, Esq., sig- 
 nifying his acceptance of the office of Secretary pro tempore, 
 which was read. 
 
 The committee on the expenses of the convention exclusive 
 of the pay roll, made a report, which was read, and 
 
 Ordered, That the Treasurer be requested to pay to the 
 several persons mentioned in said report, the sums set against 
 their names respectively ; amounting in the whole, to the sum 
 of five hundred twelve dollars and twenty-nine cents. 
 
 Adjourned to 3 o'clock this afternoon. 
 AFTEROON. 
 
 Met. Ordered, That the Treasurer be directed to pay John 
 Merrick, Esq., of Hallowell, the sum of twenty dollars, for ser- 
 vices by him rendered, as by his account, examined and allowed. 
 
 On motion of the Hon. President, 
 
 Resolved, unanimously, That the thanks of this convention 
 be presented to the committee appointed to prepare and report 
 a constitution or frame of government for the new State, for 
 the ability and unwearied attention bestowed upon the subject 
 committed to them. 
 
 The committee on the pay roll, made a report, by which it 
 appeared that the travel and attendance of the members of this 
 
 convention amounts to the sum of , which was accepted, 
 
 and Ordered, That the Treasurer be directed to pay the 
 same. 
 
 Resolved, That an additional number of copies of the con- 
 stitution be printed, in order that the selectmen, town clerks 
 and delegates, be furnished with four copies each instead of one 
 copy each, as before provided. 
 
 Agreeably to the resolution offered in the morning, the Con- 
 stitution was signed by the Hon. President, countersigned by 
 the Secretary, and subscribed by the members, in the following 
 manner. 
 
 Done in Convention October 29, 1819. 
 
 WILLIAM KING, President of the Convention, 
 
 and Member from Bath. 
 ROBERT C. YOSE, Secretary. 
 
82 
 
 CONSTITUTIONAL CONTENTION. 
 
 
 
 YORK 
 
 COUNTY. 
 
 York, .... Elihu Bragdon. 
 
 do . 
 
 
 
 David Wilcox. 
 
 Kittery, 
 
 
 
 Alexander Rice. 
 
 Berwick, 
 
 
 
 W'illiam Hobbs. 
 
 do. . 
 
 
 
 Nathaniel Hobbs. 
 
 do. . 
 
 
 
 Richard F. Cutts. 
 
 Wells, . 
 
 
 
 Joseph Thomas. 
 
 Arundel, 
 
 
 
 Simon Nowell. 
 
 Parsonsfield, 
 
 
 
 David Marston. 
 
 do. . 
 
 
 
 Abner Keazer. 
 
 Saco, 
 
 
 
 Wm. Moody. 
 
 do. . 
 
 
 
 Ether Shepley. 
 
 do. . 
 
 
 
 Geo. Thatcher, Jr. 
 
 Lebanon, 
 
 
 
 David Legrow. 
 
 Buxton, 
 
 
 
 Gideon Elden. 
 
 do. . 
 
 
 
 Josiah Paine. 
 
 do. . 
 
 
 
 Edmund Woodman, 
 
 Lyman, 
 
 
 
 John Low. 
 
 do. . 
 
 
 
 John Burbank. 
 
 Biddeford, 
 
 
 
 George Thatcher. 
 
 do. . 
 
 
 
 Seth Spring. 
 
 Waterboro' 
 
 
 
 Samuel Bradeen. 
 
 do. . 
 
 
 
 Henry Hobbs. 
 
 Limington, 
 
 
 
 David Boyd. 
 
 Cornish, 
 
 
 
 Thomas A. Johnson. 
 
 Alfred, . 
 
 
 
 John Holmes. 
 
 Hollis, . 
 
 
 
 Ellis B. Usher. 
 
 do. . 
 
 
 
 Timothy Hodgdon. 
 
 South Berwick, 
 
 
 , 
 
 Benj. Greene. 
 
 Limerick, 
 
 
 
 John Burnham. 
 
 Shapleigh, 
 
 
 John Leighton. 
 
 CUMBERLAND COUNTY. 
 
 Scarboro' . . . Benjamin Larrabee, Jr. 
 
 do. . 
 
 
 Joseph Fogg. 
 
 North Yarmouth, 
 
 
 William Buxton. 
 
 do. . 
 
 
 Ephraim Sturdivant. 
 
 do. . 
 
 
 Jeremiah Buxton. 
 
 Falmouth, 
 
 
 Peter M. Knight. 
 
 do. . 
 
 
 Nathan Buckman. 
 
 Standish, 
 
 
 
 Theodore Mussey. 
 
FRIDAY, OCTOBER 29. 
 
 83 
 
 CUMBERLAND 
 
 Portland, 
 do. . 
 Freeport, 
 Durham, 
 do. . 
 Bridgton, 
 Poland, 
 Brunswick, 
 do. . 
 do. . 
 Harpswell, 
 Gorham, 
 do. . 
 do. . 
 Cape Elizabeth, 
 New Gloucester 
 
 do. . 
 Gray, . 
 Minot, . 
 do. . 
 Danville, 
 Baldwin, 
 Raymond, 
 Pownal, 
 "Westbrook, 
 do. . ' 
 do. . 
 Harrison, 
 
 Georgetown, 
 New Castle, 
 Woolwich, 
 Topsham, 
 Boothbay, 
 
 do. . 
 Bristol, 
 
 do. . 
 
 do. . 
 Waldoboro' 
 
 do. . 
 
 COUNTY, (Continued.) 
 Albion K. Parris. 
 Wm. P. Preble. 
 Solomon Dennison. 
 Secomb Jordan. 
 Allen H. Cobb. 
 Phinehas Ingalls. 
 Josiah Dunn, Jr. 
 Robert D. Dunning. 
 Jonathan Page. 
 Benjamin Titcomb. 
 Stephen Purrington. 
 Lathrop Lewis. 
 Joseph Adams. 
 James Irish. 
 Ebenezer Thrasher. 
 Joseph E. Foxcroft. 
 Isaac Gross. 
 Joseph McLellan. 
 Asaph Howard. 
 Chandler Freeman. 
 Joseph Roberts. 
 Lot Davis. 
 Zachariah Leach. 
 Isaac Cushman. 
 Silas Estes. 
 Thomas Slemons. 
 John Jones. 
 Amos Thomas. 
 
 LINCOLN COUNTY. 
 
 Benjamin Riggs. 
 Ebenezer Farley. 
 Ebenezer Delano. 
 Nathaniel Greene. 
 Daniel Rose. 
 John McKown. 
 Samuel Tucker. 
 Wm. McClintock. 
 John Fossett. 
 Joshua Head. 
 Isaac G. Reed. 
 
84 
 
 CONSTITUTIONAL CONVENTION. 
 
 LINCOLN COUNTY, (Continued.) 
 
 tValdoboro', . . . Jacob Ludwig, Jr. 
 
 Wiscasset, 
 
 
 
 Abial Wood. 
 
 do. . 
 
 
 
 Warren Rice. 
 
 Bowdoinham, . 
 
 
 
 Ebenezer Herrick. 
 
 do. . 
 
 
 
 Elihu Hatch. 
 
 Nobleboro', 
 
 
 
 Ephraim Rollins. 
 
 Cushing, 
 
 
 
 Edward Killeran. 
 
 Camden, 
 
 
 
 Nathaniel Martin. 
 
 Dresden, 
 
 
 
 Isaac Lilley. 
 
 Lewiston, 
 
 
 
 John Herrick. 
 
 Litchfield, 
 
 
 
 John Neal. 
 
 do. . 
 
 
 
 David C. Burr. 
 
 Lisbon, . 
 
 
 
 Nathaniel Eames. 
 
 do. . 
 
 
 
 James Small. 
 
 Edgcomb, 
 
 
 
 Stephen Parsons. 
 
 Warren, 
 
 
 
 John Miller. 
 
 do. . 
 
 
 
 Cyrus Eaton. 
 
 Thomaston, 
 
 
 
 Isaac Barnard. 
 
 do. . 
 
 
 
 John Spear. 
 
 Bath, . 
 
 
 
 Joshua Wingate, Jr 
 
 do. . 
 
 
 
 Benjamin Ames. 
 
 Union, . 
 
 
 
 Robert Foster. 
 
 Bowdoin, 
 
 
 
 Joseph Carr. 
 
 St. George, 
 
 
 
 Joel Miller. 
 
 Hope, . 
 
 
 
 Furgus McClaine. 
 
 Palermo, 
 
 
 
 Thomas Eastman. 
 
 Montville, 
 
 
 
 Cyrus Davis. 
 
 Jefferson, 
 
 
 
 Jesse Rowell. 
 
 Friendship, 
 
 
 
 Melzer Thomas. 
 
 Whitefield, 
 
 
 
 Joseph Bailey. 
 
 Putnam, 
 
 
 
 Mark Hatch. 
 
 Alna, . 
 
 
 
 John Dole. 
 
 Wales, . 
 
 
 
 Joseph Small. 
 
 KENNEBEC COUNTY. 
 
 Hallowell, . . . Samuel Moody. 
 
 do. . 
 
 
 
 Wm. H. Page. 
 
 do. . 
 
 
 
 Benj. Dearborn. 
 
 Winthrop, 
 
 
 
 Alexander Belcher. 
 
 do. . 
 
 
 
 Daniel Campbell. 
 
 Vassalboro', 
 
 
 
 Sam'l. Redington. 
 
FRIDAY, OCTOBER 29. 
 
 85 
 
 KENNEBEC COUNTY, (Continued.) 
 
 Vassalboro', . . * Abiel Getchell. 
 
 Winslow, 
 
 
 
 William Swan. 
 
 Pittston, 
 
 
 
 Eli Young. 
 
 Greene, 
 
 
 
 Luther Robbins. 
 
 Readfield, 
 
 
 
 John Hubbard. 
 
 do. . 
 
 
 
 Samuel Currier. 
 
 Sidney, 
 
 
 
 Reuel Howard. 
 
 do. 
 
 
 
 Ambrose Howard. 
 
 Farmington, 
 
 
 
 Nathan Cutler. 
 
 do. . 
 
 
 
 Jabez Gay. 
 
 New Sharon, 
 
 
 
 Christopher Dyer. 
 
 Clinton, 
 
 
 
 Herbert Moore. 
 
 Fayette, 
 
 
 
 Charles Smith. 
 
 Belgrade, 
 
 
 
 Elias Taylor. 
 
 Harlem, 
 
 
 
 William Pullen. 
 
 Augusta, 
 
 
 
 Daniel Cony. 
 
 do. . 
 
 
 
 Joshua Gage. 
 
 do. . 
 
 
 
 James Bridge. 
 
 Wayne, 
 
 
 
 Joseph Lamson. 
 
 Monmouth, 
 
 
 
 John Chandler. 
 
 do. . 
 
 
 
 Simon Dearborn, Jr 
 
 Mt. Vernon, 
 
 
 
 David McGaffy. 
 
 Gardiner, 
 
 
 
 Jacob Davis. 
 
 do. . 
 
 
 
 Sanford Kingsbury, 
 
 Temple, 
 
 
 
 Benjamin Abbot. 
 
 Wilton, 
 
 
 
 Ebenezer Eaton. 
 
 Rome, . 
 
 
 
 John S. Colbath. 
 
 Leeds, . 
 
 
 
 Thomas Frances. 
 
 Chesterville, 
 
 
 
 Ward Locke. 
 
 Vienna, 
 
 
 
 Nathaniel Whittier. 
 
 Waterville, 
 
 
 
 Abijah Smith. 
 
 do. . 
 
 
 
 Ebenezer Bacon. 
 
 Fairfax, 
 
 
 
 Joel Wellington. 
 
 Unity, . 
 
 
 
 Rufus Burnham. 
 
 Malta, . 
 
 
 
 William Hilton. 
 
 Freedom, 
 
 
 
 Matthew Randall. 
 
 Joy, 
 
 
 
 James Parker. 
 
 China, . 
 
 
 
 Daniel Stevens. 
 
86 
 
 CONSTITUTIONAL CONVENTION. 
 
 
 HANCOCK COUNTY. 
 
 Belfast, . . * Alfred Johnson, Jr. 
 
 Isleboro', 
 
 
 
 Josiah Farrow. 
 
 Deer Isle, 
 
 
 
 Ignatus Haskell. 
 
 do. . 
 
 
 
 Asa Green. 
 
 uehill, 
 
 
 
 Andrew Witham. 
 
 Trenton, 
 
 
 
 Peter Haynes. 
 
 Sullivan, 
 
 
 
 George Henman. 
 
 Gouldsborough, 
 
 
 
 Samuel Davis. 
 
 Vinalhaven, 
 
 
 
 Benj. Beverage. 
 
 Frankfort, 
 
 
 
 Alexander Milliken.. 
 
 do. . 
 
 
 
 Joshua Hall. 
 
 Bucksport, 
 
 
 
 Samuel Little. 
 
 Northpert, 
 
 
 
 David Alden. 
 
 Eden, . 
 
 
 
 Nicholas Thomas, Jr 
 
 Orland, 
 
 
 
 Horatio Mason. 
 
 Ellsworth, 
 
 
 
 Mark Shepard. 
 
 Lincolnville, 
 
 
 
 Sam'l. A. Whitney. 
 
 Belmont, 
 
 
 
 James Weymouth. 
 
 Brooks, 
 
 
 
 Samuel Whitney. 
 
 Jackson, 
 
 
 
 Boardman Johnson. 
 
 Searsmont, 
 
 
 
 Ansel Lathrop. 
 
 Swanville, 
 
 
 
 Eleazer Nickerson. 
 
 Thorndike, 
 
 
 
 Joseph Blethen. 
 
 Monroe, 
 
 
 
 Joseph Neally. 
 
 Prospect, 
 
 
 
 Abel W. Atherton. 
 
 Castine, 
 
 
 
 William Abbot. 
 
 Knox, . 
 
 
 
 James Weed. 
 
 WASHINGTON COUNTY. 
 
 Machias, . . . John Dickinson. 
 
 Steuben, 
 
 
 
 Alexander Nichols. 
 
 Harrington, 
 
 
 
 James Campbell. 
 
 Eastport, 
 
 
 
 John Burgin. 
 
 Jonesborough, 
 
 
 
 Ephraim Whitney. 
 
 Calais, . 
 
 
 
 William Vance. 
 
 Lubec, . 
 
 
 
 Lemuel Trescott. 
 
 Bobbinston, 
 
 
 
 Thomas Vose. 
 
 Cherryneld, 
 
 
 
 Joseph Adams. 
 
 Perry, . 
 
 
 
 Peter Golding. 
 
FRIDAY, OCTOBER 29. 
 
 87 
 
 
 OXFORD COUNTY. , 
 
 Fryeburg, . . . Judah Dana. 
 
 Turner, 
 
 
 
 John Turner. 
 
 do. . 
 
 
 
 Philip Bradford. 
 
 Hebron, 
 
 
 
 Alexander Greenwood 
 
 Buckfield, 
 
 
 
 Enoch Hall. 
 
 Paris, . 
 
 
 
 James Hooper. 
 
 do. . 
 
 
 
 Benj. Chandler. 
 
 Norway, 
 
 
 
 Aaron Wilkins. 
 
 Hartford, 
 
 
 
 Joseph Tobin. 
 
 Sumner, 
 
 
 
 Calvin Bisbee. 
 
 Rumford, 
 
 
 
 Peter C. Virgin. 
 
 Lovell, . 
 
 
 
 Josiah Heald, 2d. 
 
 Brownfield, 
 
 
 
 James Steele. 
 
 Jay, 
 
 
 
 Cornelius Holland. 
 
 Livermore, 
 
 
 
 Benjamin Bradford. 
 
 do. . 
 
 
 
 Thomas Chase, Jr. 
 
 Bethel, . 
 
 
 
 John Grover. 
 
 Waterford, 
 
 
 
 Josiah Shaw. 
 
 Albany, 
 
 
 
 Asa Cummings. 
 
 Dixfield, 
 
 
 
 Solomon Leland. 
 
 East Andover, 
 
 
 
 Sylvanus Poor. 
 
 Gilead, 
 
 
 
 Eliphaz Chapman. 
 
 Newry, . 
 
 
 
 Luke Reily. 
 
 Denmark, 
 
 
 * 
 
 Cyrus Ingalls. 
 
 Porter, . 
 
 
 
 William Towle. 
 
 Hiram, . 
 
 
 
 Marshal Spring. 
 
 Woodstock, 
 
 
 
 Cornelius Perkins. 
 
 Sweden, 
 
 
 
 Samuel Nevers. 
 
 Mexico, 
 
 
 
 Water P. Carpenter. 
 
 Greenwood, 
 
 
 
 Isaac Flint. 
 
 Weld, . 
 
 
 
 Lafayette Perkins. 
 
 SOMERSET COUNTY. 
 
 Canaan, . . . Wentworth Tuttle. 
 
 Fairfield, 
 
 
 
 William Kendall. 
 
 Norridgewock, 
 
 
 
 William Allen, Jr. 
 
 Starks, 
 
 
 
 James Waugh. 
 
 Cornville, 
 
 
 
 George Bixby. 
 
 Anson, . 
 
 
 
 James Collins. 
 
 Strong, . 
 
 
 
 James Mayhew. 
 
CONSTITUTIONAL CONVENTION. 
 
 SOMERSET COUNTY, (Continued.) 
 
 Avon, .... Samuel Sprague. 
 
 New Vineyard, . . . William Talcott. 
 
 Harmony, . . . Robert Evans. 
 
 Industry, . . . Ezekiel Hinkley. 
 
 Athens, . „ . Isaiah Door. 
 
 Madison, . . . John Neal. 
 
 Embden, . . . Andrew McFadden. 
 
 Palmyra, . . . Samuel Lancy. 
 
 Freeman, . . . Jonathan Brown. 
 
 New Portland, . . . Henry Norton. 
 
 Solon, .... Elisha Coolidge. 
 
 Bingham, . . . . Obed Wilson. 
 
 Phillips, . . . Joseph Dyer. 
 
 St. Albans, . . . Benjamin French. 
 
 Kingfield, . . . Joseph Knapp. 
 
 Corinna, . . . William Elder. 
 
 Ripley, .... Jacob Hale. 
 
 Bloomfield, . . . Eleazer Coburn. 
 
 Warsaw, . . . Stevens Kendall. 
 
 PENOBSCOT COUNTY. 
 
 Hampden, 
 
 Orrington, 
 
 Bangor, 
 
 Orono, 
 
 Dixmont, 
 
 New Charleston 
 
 Foxcroft, 
 
 Sebec, . 
 
 Hermon, 
 
 Levant, 
 
 Brewer, 
 
 Eddington, 
 
 Carmel, 
 
 Corinth, 
 
 Exeter, 
 
 Garland, 
 
 Newport, 
 
 Sangerville, 
 
 Dexter, 
 
 Simeon Stetson. 
 John Wilkins. 
 Joseph Treat. 
 Jackson Davis. 
 Samuel Butman. 
 Daniel Wilkins. 
 Samuel Chamberlain. 
 William Lowney. 
 William Patten. 
 Moses Hodsden. 
 Geo. Leonard. 
 Luther Eaton. 
 Abel Ruggles. 
 Andrew Strong. 
 Nathaniel Atkins. 
 Amos Gordon. 
 Benj. Shaw. 
 Benj. C. Goss. 
 Isaac Farrar. 
 
FRIDAY, OCTOBER 29. 89 
 
 PENOBSCOT COUNTY, (Continued.) 
 Guilford, . . . Joseph Kelsey. 
 
 Atkinson, . . . Eleazer W. Snow. 
 
 Newburgh, . . . John Whitney. 
 
 Voted, That when the Convention adjourn, it be to meet at 
 the Court House, in Portland, on the first Wednesday of Jan- 
 uary next, at 11 o'clock in the forenoon. 
 
 Adjourned accordingly. 
 
 Attest :— ROBERT C. VOSE, Secretary. 
 
ADDRESS 
 
 The Committee appointed on the 27th of October, 1819, to 
 to prepare an address to the people of Maine, to accompany 
 the Constitution to be submitted, made the following report, 
 by Mr. Preble, their Chairman, which was printed by the pre- 
 vious order of the Convention. The following is the address : 
 
 *o 
 
 To the People of Maine. 
 
 Fellow Citizens : — The Delegates, elected to form a Con- 
 stitution and Frame of Government, now present you the result 
 of their deliberations. 
 
 They invite you to review it carefully, to weigh well its pro- 
 visions. It is not submitted as a perfect system. In some few 
 important provisions it is a compromise of conflicting interests 
 and opinions ; and, though not perfect, it is the best, upon 
 which the convention under existing circumstances could aoree. 
 
 In deciding upon its merits and demerits, the convention 
 feel assured, you will be influenced by that candor and libe- 
 rality, which always pervades an enlightened community. 
 
 The Constitution of Massachusetts, venerable as the work of 
 the fathers of the revolution, endeared to the people by many 
 associations and replete with the soundest principles of liberty 
 and government, has in forty years experience proved incon- 
 venient and defective in some few of its provisions. 
 
 Assuming that instrument for a basis, the convention pro- 
 ceeded to frame a Constitution for the State of Maine, deviating 
 in those cases only, where the experience of this and of other 
 States in the Union seemed to justify and require it. 
 
 They have omitted, as inconsistent with the dignity of the 
 subject and the simplicity of u the truth," a provision, which ; 
 though professing much, is utterly nugatory in practice. 
 
ADDRESS. 91 
 
 The worship of Jehovah, to be acceptable, must be a free 
 will offering. The laws of man can reach no further, than to 
 external deportment. 
 
 Our holy religion neither requires nor admits their aid. 
 The heart and affections, the seat of vital religion, cannot be 
 regulated by human legislation. 
 
 The rights of conscience are secured by universal toleration, 
 placing all religious denominations on the footing of the most 
 perfect equality. For the purpose of rendering this provision 
 more certain in its operation all religious tests, as qualifica- 
 tions for office, are excluded. By requiring however that all 
 officers shall be under oath, it is necessarily presupposed, that 
 they believe in the existence and providence of God. 
 
 In times of party excitement the doctrine of libels, recognized 
 by the common law, is sometimes employed as an engine of 
 oppression. 
 
 The convention have endeavored to guard against the evil 
 by making the truth of the matter published a sufficient justifi- 
 cation in all cases, where the conduct of public men is in ques- 
 tion, or where the public good may be promoted by a knowledge 
 of the facts disclosed. 
 
 Pecuniary qualifications of electors have been productive of 
 little benefit — sometimes of injustice. 
 
 They are too often relaxed or strained to suit the purposes 
 of the day. The convention have therefore extended the right 
 of suffrage, so that no person is disqualified for want of prop- 
 erty, unless he be a pauper. With the same views electors 
 under certain limitations and restrictions are also privileged 
 from arrest on days of election. 
 
 The necessity of a reduced representation seem to be acknowl- 
 edged by all. The number, to which it ought to be reduced, 
 and the manner of making that reduction, are questions, on 
 which scarcely two could be found to precisely agree. If some 
 were in favor of even less than one hundred, others were the 
 advocates of unlimited representation. 
 
 The convention adopted an intermediate course, limiting the 
 number of representatives at not less than one hundred, nor 
 more than two hundred, and referring the question back to 
 
92 CONSTITUTIONAL CONVENTION. 
 
 the people themselves, when the number shall have reached the 
 highest limit, whether that number shall be increased or dimin- 
 ished. 
 
 But the difficulties arising out of this embarrassing branch 
 of the business entrusted to your delegates, did not here ter- 
 minate. Many were advocates of a general districting system — 
 others were equally strenuous for a representation by towns. 
 The convention once more adopted an intermediate course. 
 
 The whole number of representatives to be elected is first 
 to be apportioned and assigned to the several counties on the 
 most exact principles of equity and justice. Thus the great 
 sections of the State, the several counties, which are but larger 
 corporations, actuated to a certain extent by a community of 
 interests, have their due weight according to their population. 
 The number of representatives, thus apportioned and assigned 
 to any county, is next to be distributed among the respective 
 towns in such county, each town, having the competent number 
 of inhabitants, being entitled to one or more ; and towns and 
 plantations not having that number, to be classed as conven- 
 iently as possible. On any practicable system there will be 
 fractions, and the representation of course unequal. If under 
 the system adopted by the convention, the large towns have 
 not their full representation, it is preserved in the county of 
 which they are a part. They have their representatives ; and 
 even their fractions, which would otherwise be lost to them, are 
 represented through the smaller towns of their county, who can 
 seldom have an interest at variance with their own. 
 
 The Senate is predicated upon population. 
 
 This rule of apportionment seemed to the convention most 
 consonant to the principles of a government by the people. 
 Property will always possess at least its full share of influence 
 without being specially represented in the Senate. 
 
 The Council are selected from among the people by the two 
 branches of the Legislature. You thus avoid the idle ceremony 
 of electing in the first instance from the Senate ; and you pre- 
 serve to the Senate its proper number and distinctive character. 
 And with the view to preserve in the Council a steady regard 
 to the public good, councilors are precluded from receiving any 
 
ADDRESS. 93 
 
 appointment during the time, for which they shall have been 
 elected. 
 
 The provision respecting exempts from military duty was 
 called for by the united voice of the militia. It tends to 
 equalize the burthen, and to render the militia more respecta- 
 ble and more efficient. This duty, in its nature a personal 
 service, ought not to fall exclusively upon any class of citizens* 
 In the opinion of the convention, every able bodied male citi- 
 zen of suitable age ought to perform it, or, in gome form or 
 other, pay an equivalent. 
 
 Free governments cannot long exist, where the people are 
 ignorant and depraved. The due administration of our own 
 must essentially depend upon the intelligence and virtue of our 
 citizens. The State therefore has a deep interest in the edu- 
 cation of our youth. Hence the convention have made it the 
 imperative duty of the Legislature to cause schools to be sup- 
 ported in the several towns, and to encourage and suitably endow 
 academies, colleges and seminaries of learning, by extending to 
 them as far, as the circumstances of the people would authorize, 
 the patronage of the State. At the same time it was thought 
 proper, that the Legislature should so far retain such a general 
 and superintending power over these institutions, as should 
 enable it to aid the cause of good learning, and prevent the 
 perversion or abuse of the public munificence. 
 
 To preserve the purity of the Legislature, its members under 
 certain limitations and restrictions are disqualified, during the 
 term, for which they are elected, from being appointed to any 
 civil office, which may be created, or the emoluments of which 
 may be increased, during such term. "With similar views, and 
 to prevent a system of favoritism, all persons holding lucrative 
 appointments are excluded both from the Legislature and 
 Council. This exclusion was deemed peculiarly proper in so 
 far, as respects judicial officers. 
 
 Thus you preserve the several departments of the govern- 
 ment distinct. Thus you remove those important offices as far, 
 as possible, from all temptation to court the popular favor 
 perhaps at the expense of justice. 
 
94 CONSTITUTIONAL CONVENTION. 
 
 On a pure, intelligent, upright, and independent judiciary, the 
 people more immediately depend for the impartial interpreta- 
 tion and administration of the laws, and for protection in the 
 enjoyment of their rights and privileges. 
 
 In the opinion of the convention, merit, not wealth, is the 
 proper qualification for office. If with perfect safety to the 
 people no pecuniary qualification is required for the highest 
 offices under the United States, there is still less reason for 
 requiring it under the government of the State. With the 
 limitation in general, that but one important office can be held 
 by one man, all offices are left open to all. 
 
 The settlement of our extensive vacant lands has been seri- 
 ously retarded by the present unequal system of taxation. In 
 the opinion of the convention no good reason exists, why an 
 estate of a given value in uncultivated lands should pay 
 only one-third so much tax, as an estate of the same value in 
 lands under cultivation. It seemed to them not difficult to de- 
 termine who best deserve the indulgence or patronage of the 
 State, the man who brings forward and cultivates his lands, and 
 renders them productive to the community, or the man, who 
 suffers them to remain a useless wilderness, in order that his 
 wealth may be increased by their rise in value, occasioned by 
 the industry and enterprise of contiguous settlements. To 
 remedy the evil, the convention inserted the article requiring 
 that real estate, whether cultivated or uncultivated, shall be 
 equally taxed according to its just value. 
 
 The apportionment of Senators and Representatives for the 
 first Legislature, it was apprehended, might not prove perfectly 
 equal. The convention however proceeded upon the best data 
 in their possession, and to them it is a gratifying circumstance, 
 that, if any injustice is done, it can be of but short duration. 
 
 An actual census of the people being about to be taken, the 
 first Legislature will be enabled to remedy such inequalities, as 
 shall be found to exist, and to do exact and impartial justice to 
 every district town and plantation. 
 
 It was not thought advisable by the convention to incumber 
 the constitution by attempts to fix or regulate the salaries of 
 
ADDRESS. 
 
 95 
 
 any of you$ officers. This and many other objects suggested 
 in convention are subjects of legislation and are left to the 
 wisdom of your future legislatures. 
 
 Such, fellow citizens, are the principal provisions in the con- 
 stitution submitted to you by your delegates, which embrace 
 the material variances from the constitution, under which you 
 have so long and so happily lived. We say principal provisions, 
 because there are others, believed to be wholesome and salutary, 
 which however are not deemed of sufficient importance, to be 
 particularly noticed in this address. To the constitution itself 
 we respectfully refer you. We solicit you once more to weigh 
 well its provisions, to examine it as a whole. If it be not per- 
 fectly satisfactory in all its parts, judge whether, considering 
 the differences existing in men's views and opinions, you will 
 be likely to obtain one, more acceptable. 
 
 Your delegates have felt a deep responsibility; your appro- 
 bation could not fail to be highly gratifying to them. But they 
 wish not to bias your judgment. You act for yourselves and 
 posterity. 
 
 In behalf and by order of the convention. 
 
 WM. P. PREBLE, ^ 
 
 GEO. THATCHER, Jr., 
 
 BENJA. AMES, 
 
 JOSHUA GAGE, 
 
 LEONARD JARVI3, t Committee. 
 
 JOHN BURGIN, 
 
 PETER 0. VIRGIN, 
 
 SIMEON STETSON, 
 
 ELEAZER COBURN, 
 
ADJOURNED SESSION 
 
 PORTLAND, I 
 
 '■5 
 
 Wednesday, January 5, 1820. 
 
 This being the day to which the convention adjourned, the 
 Honorable President and a quorum of the members of the con- 
 vention assembled in the Court House in Portland, agreeably 
 to the adjournment. 
 
 Mr. William Stevens, returned a delegate from the town of 
 Moscow, appeared and exhibited a certificate in the usual form, 
 of his election — which was read and thereupon 
 
 Resolved, That the said William Stevens is entitled to his 
 seat in this convention. 
 
 Mr. Stevens accordingly took his seat. 
 
 The Hon. Mr. Parris submitted the following resolutions^ 
 which were severally read and passed : 
 
 Resolved, That the committee appointed to receive the re- 
 turns from the several towns and plantations, be directed to 
 take from the post office) such returns as have been there 
 received since the first day of January instant. 
 
 Resolved, That be a committee to examine the returns 
 
 of votes from the several towns and plantations, on the consti- 
 tution prepared by this convontion, and that the committee 
 report the whole number given in, and what number were in 
 favor, and what number were opposed to said constitution. 
 
 Voted, That said committee consist of nine members ; and 
 the Hon. Messrs. Parris of Portland, Thatcher of Biddeford, 
 Cony of Augusta, Dole of Alna, Col. Pond of Bucksport, Mr. 
 Dickinson of Machias, Mr. Stetson of Hampden, Doct. French 
 of St. Albans, and Mr. Towle of Porter, were appointed said 
 committee. 
 
 Resolved, That the committee on returns, report, what num- 
 ber of votes were legally returned, on or before the first day of 
 
WEDNESDAY, JANUARY 5. 97 
 
 January instant, and of those so returned, the number in favor 
 and the number opposed to the adoption of the constitution 
 prepared by this convention. 
 
 Resolved, That be a committee to consider and report 
 
 in what manner the adoption of the constitution, as well as our 
 admission into the Union, if that be effected, should be an- 
 nounced to the people of Maine. 
 
 Voted, That said committee consist of five members, and that 
 Col. Lewis of Gorham, Judge Ames, Mr. Campbell of Winthrop, 
 Col. Atherton and Mr. Vance be said committee. 
 
 On motion of Judge Cony, 
 
 Resolved, That Mr. Preble of Portland, Col. Moody, Gen'l 
 Chandler, Dr. Rose, and Mr. Johnson of Belfast, be a committee 
 to consider and report, what business it will be proper to act 
 upon before the convention separate. 
 
 On motion of Gen. Chandler, 
 
 Resolved, That a committee be appointed to inquire into the 
 expediency of furnishing each town and plantation in the District 
 of Maine, with blank forms and returns of votes for Governor, 
 Senators and Representatives, which may be given in on the 
 first Monday of April, 1820, and report by resolve or other- 
 wise. 
 
 Mr. Wood of Lebanon, Mr. Allen of Norridgewock, Col. Fox- 
 croft, Mr. Cutler of Farmington, and Dr. Snow of Atkinson, 
 were appointed said committee. 
 
 On motion of Col. Atherton, 
 
 Resolved, That the Hon. Asa Clapp, Matthew Cobb, Isaac 
 Ilsiey, Arthur McLellan, Barrett Potter, Robert Ilsley and 
 Levi Cutter, Esq., be a committee to provide suitable buildings 
 and accommodations for the meeting of the Governor and 
 Council, the Senate and House of Representatives of the State 
 of Maine, at their first session to be holden in Portland on 
 the last Wednesday of May, 1820. 
 
 Voted, That when the convention adjourn, it be until 10 
 o'clock to-morrow morning. 
 Adjourned accordingly. 
 
 7 
 
98 CONSTITUTIONAL CONVENTION. 
 
 THURSDAY, January 6; 1820. 
 Met according to adjournment. 
 
 Judge Parris, chairman of the committee appointed to ex- 
 amine the returns of votes from the several towns and planta- 
 tions in Maine on the constitution prepared by this convention, 
 having attended to the service assigned them, made the following 
 
 REPORT : 
 
 That the whole number of votes legally and seasonably 
 returned, is nine thousand eight hundred and thirty-seven, of 
 which nine thousand and forty are in favor of said constitution, 
 and seven hundred and ninety-six are opposed. 
 
 And the committee further report, that the whole number of 
 votes returned were ten thousand eight hundred and ninety- 
 nine, of which ten thousand and twenty-five were in favor of 
 said constitution, and eight hundred and seventy-three were 
 opposed. 
 
 And the committee further report that the returns from the 
 towns of Riddeford in the county of York, and Bingham in the 
 county of Somerset, were signed by one only of the Selectmen 
 in each town: and that the return from the town of Columbia, 
 in the county of Washington, was not signed by the Town Clerk. 
 And the committee do further report, that the returns from the 
 towns of Cornish and Limington, in the county of York ; Minot, 
 in the county of Cumberland ; Friendship, Hope, Cushing and 
 Appleton plantation, in the county of Lincoln,- Monroe, Eden 
 and Trenton, in the county of Hancock; Cherryfield, in. the 
 county of Washington ; Hallowell, Chesterville, Readfield, Malta 
 and Joy, in the county of Kennebec ; Turner, in the county of 
 Oxford; New Vineyard, Fairfield, New Portland and Warsaw, 
 in the county of Somerset; New Charleston, Foxcroft and At- 
 kinson, in the county of Penobscot, were not returned until 
 after the first day of January, 1820; all which is fully explained 
 in the annexed schedule which makes a part of this report. 
 
THURSDAY, JANUARY 6. 
 
 99 
 
 And the committee further report that by the return from 
 the town of Bucksport, in the county of Hancock, although there 
 appears to have been a meeting duly holden, and the return is 
 duly signed and attested by the Selectmen and Town Clerk, 
 yet it does not appear that any votes were given by the inhab- 
 itants of said town either in favor or against said constitution. 
 All which is submitted. 
 
 ALBION K. PAREIS, Per Order. 
 
 In Convention, January 6, 1820. 
 Read and accepted, and ordered that the report and schedule 
 annexed, be entered upon the journals. 
 
 WILLIAM KING, President. 
 
 YORK COUNTY. 
 
 
 Ac™. 
 
 Rejected. 
 
 
 Towns. 
 
 
 
 u 
 
 X> 
 
 B 
 
 
 
 Cause of Rejection. 
 
 
 fS 
 
 
 
 § 
 
 
 
 
 
 S3 
 
 
 
 c 
 
 
 
 
 
 <a 
 
 
 
 <u 
 
 
 
 
 
 hoi 
 Bag. 
 
 05 
 
 'o 
 
 to 
 
 a 
 
 CD 
 
 OS 
 
 
 
 £ \» 55 
 
 £ 
 
 ^ 
 
 fc 
 
 
 Alfred, . 
 
 
 
 
 
 
 
 Arundel, 
 
 02 52 
 
 
 
 
 
 
 Biddeford, 
 
 ' 1 " 
 
 - 
 
 1 22 
 
 20 
 
 2 The return being signed by only 
 
 
 
 
 
 
 
 one Selectman. 
 
 Benvick, 
 
 41 41 
 
 
 
 
 
 
 Buxton, 
 
 124 112 
 
 12 
 
 
 
 
 
 Cornish, 
 
 " ■ 
 
 
 40 
 
 25 
 
 15 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 Elliot, . 
 
 52 51 
 
 1 
 
 
 
 
 
 Hollis, . 
 
 71 71 
 
 
 
 
 
 
 Kittery, 
 
 31 10 
 
 21 
 
 
 
 
 
 Lebanon, 
 
 109 106 3 
 
 
 
 
 
 Limerick, 
 
 58 57 1 
 
 
 
 
 
 Limington, 
 
 - j - - ' 
 
 | 73 
 
 73 
 
 
 Not returned until after Janu- 
 
 
 1 
 
 
 
 
 
 ary 1., 1820. 
 
 Lyman, . 
 
 86! 49 
 
 37 
 
 
 
 
 
 New-field, 
 
 30 17 
 
 13 
 
 
 
 
 
 Parsonsfieid, 
 
 107 107 
 
 
 
 
 
 
 Sanford, 
 
 95 10 
 
 85 
 
 
 
 
 
 Saco, 
 
 103 103 
 
 
 
 
 
 
 Shapleigh, 
 
 157i 25 
 
 132 
 
 
 
 
 
 South Berwick, 
 
 47 
 
 36 
 
 11 
 
 
 
 
 
 Waterborough, 
 
 
 
 
 
 
 
 
 Wells, . 
 
 157 
 
 156 
 
 1 
 
 
 
 
 
 York, 
 
 91 
 
 91 
 
 
 
 
 
 
 
 
 
 __ 
 
 y i . 
 
 i 
 
 
 
 
 
 
 
 11411 
 
 1094 
 
 1 317 
 
 1 135 
 
 1 118 
 
 1 17 
 
 
100 
 
 CONSTITUTIONAL CONVENTION. 
 
 CUMBERLAND COUNTY. 
 
 
 Accepted. 
 
 Rejected. 
 
 
 Towns. 
 
 A 
 
 9 
 
 p 
 Pi 
 o 
 
 
 
 M 
 
 .5 
 
 g 
 
 Pi 
 
 
 
 Cause of Rejection. 
 
 
 'o 
 
 Ui 
 
 g 1 
 
 o 
 
 03 
 
 CO 
 
 
 
 
 
 
 
 CS 
 
 CD 
 
 
 
 Baldwin, 
 
 30 
 
 30 
 
 
 
 
 
 
 Bridgton, 
 
 78 
 
 78 
 
 
 
 
 
 
 Brunswick, . 
 
 90 
 
 88 
 
 2 
 
 
 
 
 
 Cape Elizabeth, . 
 
 44 
 
 44 
 
 
 
 
 
 
 Danville, 
 
 44 
 
 44 
 
 
 
 
 
 
 Durham, 
 
 64 
 
 58 
 
 6 
 
 
 
 
 
 Falmouth, 
 
 58 
 
 58 
 
 
 
 
 
 
 Freeport, 
 
 103 
 
 77 
 
 26 
 
 
 
 
 
 Gorham, 
 
 95 
 
 94 
 
 1 
 
 
 
 
 
 Gray, . 
 
 87 
 
 86 
 
 1 
 
 
 
 
 
 Harrison, 
 
 19 
 
 19 
 
 
 
 
 
 
 Harpswell, 
 
 18 
 
 10 
 
 8 
 
 
 
 
 
 Minot, . 
 
 - 
 
 - 
 
 . i 
 
 70 
 
 57 
 
 Not returned until after Janu- 
 
 
 
 
 
 
 
 
 ary 1, 1820. 
 
 North Yarmouth, 
 
 169 
 
 115 
 
 54 
 
 
 
 
 
 New Gloucester, 
 
 119 
 
 118 
 
 1 
 
 
 
 
 
 Otisfield, 
 
 31 1 26 
 
 5 
 
 
 
 
 
 Portland, 
 
 298! 286 
 
 12 
 
 
 
 
 
 Poland, 
 
 96! 94 
 
 2 
 
 
 
 
 
 Pownal, 
 
 40j 40 
 
 | 
 
 
 
 
 
 Raymond, 
 
 58 
 
 52 
 
 6 
 
 
 
 
 
 Scarborough, 
 
 69 
 
 66 
 
 3 
 
 
 
 
 
 Standish, 
 
 68 
 
 57 
 
 11 
 
 
 
 
 
 Westbrook, . 
 
 75 
 
 74 
 
 1 
 
 
 
 
 
 Windham, 
 
 6l| 61 
 
 
 
 
 
 
 
 
 
 1814 
 
 1675 
 
 139, 
 
 70 
 
 57 
 
 13 
 
 
 LINCOLN COUNTY. 
 
 Alna, 
 Bath, . 
 Boothbay, 
 Bowdoin, 
 Bowdoinham 
 Bristol, . 
 Camden, 
 Cushing, 
 
 Dresden, 
 
 Edgecomb, 
 Friendship, 
 
 Georgetown, 
 Hope, . 
 
 Jefferson, 
 Lewiston, 
 Lisbon, . 
 Litchfield, 
 Montville, 
 
 Montville Plantation 
 New Castle, . 
 Nobleborough 
 Palermo, 
 
 
 25 
 
 18 
 
 7| 
 
 
 
 
 
 112 
 
 111 
 
 1 
 
 
 
 
 
 38 
 
 38 
 
 
 
 
 
 
 80 
 
 80 
 
 
 
 
 
 
 46 
 
 46 
 
 
 
 
 
 
 66 
 
 64 
 
 2 
 
 
 
 
 
 63 
 
 59 
 
 4 
 
 
 
 
 
 - 
 
 - 
 
 - 
 
 18 
 
 18 
 
 
 
 28 
 
 28 
 
 
 
 
 
 
 32 
 
 32 
 
 
 
 
 
 
 - 
 
 - 
 
 - 
 
 22 
 
 22 
 
 
 
 37 
 
 36 
 
 1 
 
 
 
 
 
 - 
 
 - 
 
 - 
 
 52 
 
 52 
 
 
 
 64 
 
 52 
 
 12 
 
 
 
 
 
 67 
 
 66 
 
 1 
 
 
 
 
 
 104 
 
 103 
 
 1 
 
 
 
 
 
 86 
 
 84 
 
 2 
 
 
 
 
 
 53 
 
 53 
 
 
 
 
 
 ion, 
 
 21 
 42 
 49 
 
 48 
 
 20 
 36 
 49 
 
 48 
 
 1 
 6 
 
 
 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
THURSDAY, JANUARY 6. 
 
 101 
 
 LINCOLN COUNTY, (Continued.) 
 
 
 Accepted. 
 
 Rejected. 
 
 
 
 u 
 
 E 
 
 
 
 
 
 
 
 Towns. 
 
 a 
 
 a 
 
 9 
 
 
 
 Jo 
 
 B 
 
 a 
 a 
 
 
 
 Cause of Rejection. 
 
 
 
 
 
 
 
 
 
 
 A 
 £ 
 
 a 
 9 
 
 >-> 
 
 a 
 
 * 
 
 XI 
 
 1 
 • 
 
 
 
 Phipsburg, . * . 
 
 33 
 
 33 
 
 
 
 
 
 
 Putnam, 
 
 18 
 
 18 
 
 
 
 
 
 
 St. George, . 
 
 23 
 
 23 
 
 
 
 
 
 
 Topsham, 
 
 61 
 
 61 
 
 
 
 
 
 
 Thomaston, . 
 
 74 
 
 74 
 
 
 
 
 
 
 Union, . 
 
 54 
 
 49 
 
 4 
 
 
 
 
 
 Warren, 
 
 42 
 
 35 
 
 7 
 
 
 
 
 
 Waldoborough, 
 
 35 
 
 33 
 
 2 
 
 
 
 
 
 Whitefield, . 
 
 42 
 
 42 
 
 
 
 
 
 
 Wales, . 
 
 14 
 
 14 
 
 
 
 
 
 
 Wiscasset, 
 
 57 
 
 52 
 
 5 
 
 
 
 
 
 Woolwich, 
 
 39 
 
 39 
 
 
 
 
 
 
 Appleton Plantation, 
 
 - 
 
 ■ 
 
 ■ 
 
 18 
 
 18 
 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 
 1553 
 
 1496 
 
 56 
 
 110 
 
 110 
 
 
 
 Belfast, 
 
 Belmont, 
 
 Bluehill, 
 
 Brooks, 
 
 Brooksville, 
 
 Bucksport, 
 
 Castine, 
 
 Deer Isle, 
 
 Eden, . 
 
 Ellsworth, 
 
 Frankfort, 
 
 Gouldsboroug 
 
 Isle-borough, 
 
 Jackson, 
 
 Knox, . 
 
 Lincolnville, 
 
 Munroe, 
 
 Mount Desert 
 
 Northport, 
 
 Orland, . 
 
 Prospect, 
 
 Penobscot, 
 
 Searsmont, 
 
 Swanville, 
 
 Sedgwick, 
 
 S v. Hi van, 
 
 Surry, . 
 
 Trenton, 
 
 Thorndike, 
 Yinalhaven, 
 
 HANCOCK COUNTY 
 12 
 
 13 13 
 
 18 
 
 34 
 
 18 
 
 33 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 l:Not returned until after Janu- 
 I ary 1, 1820. 
 
 84 C36 98 74 73 ( 1 
 
 22 22 
 
 Not returned unlil after Janu- 
 ary 1, 1^20. 
 
102 
 
 CONSTITUTIONAL CONVENTION. 
 
 WASHINGTON COUNTY. 
 
 
 Accepted. 
 
 Rejected. 
 
 
 Towns. 
 
 1 
 
 p 
 PI 
 
 o 
 
 A 
 
 p 
 
 s 
 
 >* 
 
 a 
 
 S 
 B 
 
 a 
 
 o 
 
 03 
 
 B 
 
 >< 
 
 03 
 
 Cause of Rejection. 
 
 Addison, 
 Calais, . 
 Cherryfield, . 
 
 Columbia, 
 
 Dennysville, . 
 Eastport, 
 Harrington, . 
 Jonesborough, 
 Lubec, . 
 Machias, 
 Orangetown, . 
 Perry, . . . 
 Tiobbinstown, 
 Steuben, 
 
 17 
 
 40 
 14 
 22 
 44 
 38 
 8 
 
 20 
 203 
 
 17 
 
 38 
 12 
 22 
 44 
 38 
 8 
 
 20 
 199 
 
 2 
 2 
 
 4 
 
 14 
 
 20 
 
 34 
 
 14 
 9 
 
 23 
 
 11 
 
 11 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 Return not signed by Town 
 Clerk. 
 
 KENNEBEC COUNTY. 
 
 Augusta, 
 
 81 
 
 80 
 
 1 
 
 
 
 1 
 
 Belgrade, 
 
 30 
 
 28 
 
 2 
 
 
 
 
 Chesterville, . 
 
 - 
 
 - 
 
 - 
 
 46 
 
 38 
 
 8 
 
 China, . 
 
 
 
 
 
 
 
 Clinton, . 
 
 40 
 
 39 
 
 1 
 
 
 
 
 Dearborn, 
 
 28 
 
 28 
 
 
 I 
 
 
 
 Fairfax, . 
 
 26 
 
 26 
 
 
 
 
 
 Fayette, 
 Farmington, . 
 
 70 
 105 
 
 66 
 105 
 
 4 
 
 
 
 
 Freedom, 
 
 
 
 
 
 
 
 Gardiner, 
 
 54 
 
 54 
 
 
 
 
 
 Greene, . 
 
 70 
 
 70 
 
 
 
 
 
 Hallowell, . 
 
 - 
 
 - 
 
 - 
 
 145 
 
 142 
 
 3 
 
 Harlem, 
 
 34 
 
 33 
 
 1 
 
 
 
 
 Joy, 
 
 - 
 
 - 
 
 - 
 
 28 
 
 28 
 
 
 Kingfield, 
 
 24 
 
 23 
 
 1 
 
 
 
 
 Leeds, . 
 
 93 
 
 93 
 
 
 
 
 
 Malta, . 
 
 - 
 
 - 
 
 - 
 
 40 
 
 40 
 
 
 Monmouth, . 
 
 98 
 
 98 
 
 
 
 
 
 Mount Vernon, 
 
 70 
 
 70 
 
 
 
 
 
 New Sharon, 
 
 55 
 
 53 
 
 2 
 
 
 
 
 Pittstown, 
 
 28 
 
 20 
 
 8 
 
 
 
 
 Readfield, 
 
 - 
 
 - 
 
 - 
 
 70 
 
 70 
 
 
 Rome, . 
 
 25 
 
 24 
 
 1 
 
 
 
 
 Sidney, . 
 
 74 
 
 73 
 
 1 
 
 
 
 
 Temple, 
 
 24 
 
 23 
 
 1 
 
 
 
 
 Unity, . 
 
 44 
 
 43 
 
 1 
 
 
 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
THURSDAY, JANUARY 6. 
 
 103 
 
 KENNEBEC COUNTY, (Continued.) 
 
 
 Accepted. 
 
 Rejected. 
 
 
 
 
 
 
 u 
 
 
 
 
 
 1 
 
 
 
 m 
 
 
 
 
 Towns. 
 
 A 
 
 £ 
 
 9 
 
 
 . 
 
 £ 
 
 S 
 
 • 
 
 
 
 Cause of Rejection. 
 
 
 O 
 
 9 
 
 6 
 
 o 
 
 a 
 
 CD 
 
 >-> 
 
 
 Vienna, . 
 
 32 
 
 32 
 
 
 
 Vassalborough, 
 
 50 
 
 50 
 
 
 
 
 
 
 Wayne, . 
 
 69 
 
 68 
 
 i 
 
 
 
 
 
 Winslow, 
 
 31 
 
 31 
 
 
 
 
 
 
 Waterville, . 
 
 110 
 
 HOj 
 
 
 
 
 
 Wilton, . 
 
 62 
 
 62! 
 
 
 
 
 
 Winthrop, 
 
 82 
 
 64 1 18 
 
 
 
 
 
 
 1509 
 
 1466 
 
 43 
 
 329 
 
 318 
 
 11 
 
 • 
 
 OXFORD COUNTY. 
 
 Albany, . 
 
 
 
 21 
 
 5 
 
 16j 
 
 
 
 
 Bethel", . 
 
 
 
 85 
 
 85 
 
 
 
 
 
 Brownfield, . 
 
 
 
 58 
 
 57 
 
 l| 
 
 
 
 
 Buckfield, . 
 
 
 
 149 
 
 146 
 
 3 
 
 
 
 
 Dixfield, 
 
 
 
 29 
 
 27 
 
 2, 
 
 
 
 
 Denmark, 
 
 
 
 
 
 
 
 
 
 East Andover 
 
 
 
 41 
 
 32 
 
 9 
 
 
 
 
 Fryeburg, 
 
 
 
 73 
 
 73 
 
 
 
 
 
 Gilead, . 
 
 
 
 23 
 
 23 
 
 
 
 
 
 Greenwood, 
 
 
 
 21 
 
 21 
 
 
 
 
 
 Hiram, . 
 
 
 
 29 
 
 28 
 
 1 
 
 
 
 
 Hartford, 
 
 
 
 68 
 
 68 
 
 
 
 
 
 Hebrcn, 
 
 
 
 73 
 
 70 
 
 3 
 
 
 
 
 Jay, 
 
 
 
 75 
 
 72 
 
 3 
 
 
 
 
 Liyermore, 
 
 
 
 73 
 
 71 
 
 2 
 
 
 
 
 Lovel, . 
 
 
 
 
 
 
 
 
 
 Mexico, 
 
 
 
 12 
 
 12 
 
 
 
 
 
 Newry, . 
 
 
 
 34 
 
 34 
 
 
 
 
 
 Norway, 
 
 
 
 77 
 
 I 6 
 
 1 
 
 
 
 
 Paris, 
 
 
 
 106 
 
 89 
 
 17 
 
 
 
 
 Porter, . 
 
 
 
 37 
 
 36 
 
 1 
 
 
 
 
 Rum ford, 
 
 
 
 52 
 
 52 
 
 
 
 
 
 Sweden, 
 
 
 
 20 
 
 20 
 
 
 
 
 
 Sumner, 
 
 
 
 52 
 
 48 
 
 4 
 
 
 
 
 Turner, . 
 
 
 
 - 
 
 - 
 
 - 
 
 88 
 
 88 
 
 
 Waterford, 
 
 
 
 58 
 
 35 
 
 23 
 
 
 
 
 Weld, . 
 
 
 
 37 
 
 37 
 
 
 
 
 
 Woodstock, 
 
 
 
 29 
 
 27 
 
 2 
 
 
 
 
 Plantation No. 1, 
 
 18 
 
 18 
 
 
 
 
 
 
 
 
 13-50 
 
 1262 
 
 88 
 
 88 
 
 88 
 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
104 
 
 CONSTITUTIONAL CONVENTION. 
 
 SOMERSET COUNTY. 
 
 
 Accepted. 
 
 Rejected. I 
 
 
 Towns. 
 
 P 
 
 
 
 .2 
 
 B 
 
 p 
 a 
 
 
 
 Cause of Rejection. 
 
 
 o 
 o 
 
 a 
 
 to 
 
 o 
 
 CO 
 
 ai 
 
 
 
 ^ 
 
 o3 
 CD 
 
 
 1 
 
 
 03 
 
 
 Anson, . 
 
 70 
 
 70 
 
 
 
 
 
 
 Athens, 
 
 29 
 
 24 
 
 5 
 
 
 
 
 
 Avon, . . 
 
 28 
 
 28 
 
 
 
 
 
 
 Bloomfield, . 
 
 52 
 
 50 
 
 2 
 
 
 
 
 
 Bingham, 
 
 - 
 
 - 
 
 - 
 
 7 
 
 7 
 
 
 Return signed by only one Se- 
 lectman. 
 
 Canaan, 
 
 40 
 
 40 
 
 
 
 
 
 
 Corinna, 
 
 25 
 
 25 
 
 
 
 
 
 
 Cornville, 
 
 27 
 
 •27 
 
 
 
 
 
 
 Embden, 
 
 15 
 
 14 
 
 1 
 
 
 
 
 
 Fairfield, 
 
 - 
 
 - 
 
 - 
 
 71 
 
 67 
 
 4 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 Freeman, 
 
 22 
 
 13 
 
 9 
 
 
 
 
 
 Harmony, 
 
 
 
 
 
 
 
 
 Industry, 
 
 29 
 
 29 
 
 
 
 
 
 
 Mercer, . 
 
 31 
 
 23 
 
 8' 
 
 
 
 
 
 Madison, 
 
 33 
 
 32 
 
 1 
 
 
 
 
 
 Moscow, 
 
 
 
 
 
 
 
 
 Norridgewock, 
 
 66 
 
 66 
 
 
 
 
 
 
 New Portland, 
 
 _ 
 
 - 
 
 - 
 
 24 
 
 9 
 
 15 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 New Vineyard, 
 
 ■ 
 
 - 
 
 - 
 
 26 
 
 21 
 
 5 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 North Hill, . 
 
 
 
 
 
 
 
 
 Palmyra, 
 
 27 
 
 27 
 
 
 
 
 
 
 Phillips, 
 
 11 
 
 11 
 
 
 
 
 
 
 Ripley, . 
 
 34 
 
 34 
 
 
 
 
 
 
 Starks, . 
 
 39 
 
 38 
 
 1 
 
 
 
 
 
 St. Albans, . 
 
 22 
 
 22 
 
 
 
 
 
 
 Solon, . 
 
 33 
 
 33 
 
 
 
 
 
 
 Strong, . 
 
 20 
 
 20 
 
 
 
 
 
 
 "Warsaw, 
 
 
 
 " 
 
 19 
 
 19 
 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 
 653 
 
 626 
 
 27 
 
 I 147 
 
 123 
 
 24 
 
 
 PENOBSCOT COUNTY. 
 
 Atkinson, 
 
 Bangor, . 
 Brewer, . 
 Carmel, . 
 Corinth, 
 Dixmont, 
 Dexter, . 
 Exeter, . 
 Eddington, 
 Foxcroft, 
 
 
 
 - 
 
 - 
 
 - 
 
 22 
 
 22 
 
 
 
 51 
 
 47 
 
 4 
 
 
 
 
 
 
 42 
 
 31 
 
 11 
 
 
 
 
 
 
 12 
 
 12 
 
 
 
 
 
 
 
 18 
 
 18 
 
 
 
 
 
 
 
 28 
 
 23 
 
 5 
 
 
 
 
 
 
 41 
 
 41 
 
 
 
 
 
 
 
 27 
 
 27 
 
 
 
 
 
 
 
 20 
 
 20 
 
 
 
 
 
 
 
 - 
 
 - 
 
 - 
 
 25 
 
 25 
 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 Not returned until after Janu- 
 ary 1, 1820w 
 
THURSDAY, JANUARY 6. 
 
 105 
 
 PENOBSCOT COUNTY, (Continued.) 
 
 
 Accepted. 
 
 Rejected. 
 
 
 
 cu 
 
 
 
 si 
 
 
 
 
 Town 
 
 1 
 o 
 
 
 
 s 
 
 S3 
 o 
 
 
 
 Cause of Rejection. 
 
 
 
 co 
 
 
 
 CO 
 
 
 
 
 ^3 
 
 a 
 
 ■a 
 
 .a 
 
 
 
 
 Garland, 
 
 16 
 
 16 
 
 
 
 
 
 
 Guilford, 
 
 27 
 
 27 
 
 
 
 
 
 
 Hermon, 
 
 16 
 
 16 
 
 
 
 
 
 
 Hampden, 
 
 36 
 
 36 
 
 
 
 
 
 
 Levant, . 
 
 6 
 
 6 
 
 
 
 
 
 
 Newburg, 
 
 22 
 
 21 
 
 11 
 
 
 
 
 Newport, 
 
 28 
 
 28 
 
 
 
 
 
 
 New Chariest 
 
 on, . 
 
 - 
 
 - 
 
 1 28 
 
 28 
 
 
 Not returned until after Janu- 
 ary 1, 1820. 
 
 Orono, . 
 
 25 
 
 2.5 
 
 
 
 
 
 
 Orrin^ton, 
 
 58 
 
 58 
 
 
 
 
 
 
 Sanserville, 
 
 17 
 
 17 
 
 
 
 
 
 
 Sebec, . 
 
 23 
 
 23 
 
 
 
 
 
 
 Plantation N 
 
 3. 3, R. 6, 20 
 
 20 
 
 
 
 
 
 
 Plantation N 
 
 3. 1, R. 3, 14 14 
 
 
 
 
 
 
 Williamsburg 
 
 PL, 13 
 
 10 
 
 3 
 
 
 
 
 
 
 560 
 
 536 
 
 24li 75 
 
 75 
 
 
 
 
 
 
 RECAPITULATION. 
 
 
 
 
 
 Aggregate of votes le- 
 
 Aggregate of votes not 
 
 
 gally RETURNED. 
 
 LEGALLY RETURNED. 
 
 Counties. 
 
 £ 
 5 
 
 
 
 number. 
 
 
 
 
 o 
 
 
 • 
 
 o 
 
 CO 
 
 CO 
 
 
 
 
 f^ 
 
 
 a 
 
 
 
 p 
 
 
 
 % 
 
 QJ 
 
 fc 
 
 York, .... 
 
 1,411 
 
 1,094 
 
 317 
 
 135 
 
 118 
 
 17 
 
 Cumberland, 
 
 
 
 
 1,814 
 
 1,675 
 
 139 
 
 70 
 
 57 
 
 13 
 
 Lincoln, 
 
 
 
 
 1,553 
 
 1,496 
 
 56 
 
 110 
 
 110 
 
 - 
 
 Hancock, . 
 
 
 
 
 784 
 
 686 
 
 98 
 
 74 
 
 73 
 
 1 
 
 Washington, 
 
 
 
 
 203 
 
 199 
 
 4 
 
 34 
 
 23 
 
 11 
 
 Kennebec, . 
 
 
 
 
 1,509 
 
 1,466 
 
 43 
 
 329 
 
 318 
 
 11 
 
 Oxford, 
 
 
 
 
 1,350 
 
 1,262 
 
 88 
 
 88 
 
 88 
 
 - 
 
 Somerset, . 
 
 
 
 
 653 
 
 626 
 
 27 
 
 147 
 
 123 
 
 24 
 
 Penobscot, 
 
 
 
 
 560 
 
 536 
 
 24 
 
 75 
 
 75 
 
 - 
 
 
 
 
 
 9,837 
 
 9,040 
 
 796 
 
 1,062 
 
 985 
 
 77 
 
 In Committee, January 6, 1820.— The foregoing is a true list of all the votes given 
 on the adoption of the Constitution of Maine. 
 
 ALBION K. PARRIS, Per Order. 
 Attest: — Robert C. Yose, Secretary. 
 
IQQ CONSTITUTIONAL CONVENTION. 
 
 Which report was read and accepted, and ordered to be 
 entered with the special part of this report and schedule here- 
 unto annexed, upon the journals of this convention. 
 
 Mr. Preble, chairman of the committee to whom was referred 
 the subject of what business it will be necessary to act upon 
 before the convention separate, having attended to the duty 
 assigned them, made the following Report : 
 
 That in addition to the several subjects already committed 
 to special committees, the committee submitted for the consid- 
 eration of the convention, the following resolutions, which were 
 severally read and passed : 
 
 Resolved, That the Treasurer of this convention, be and he 
 hereby is authorized, to borrow on the credit of the State of 
 Maine, the sum of four thousand dollars, to defray the expendi- 
 tures of this convention. 
 
 Resolved, That be a committee to examine the books, 
 
 accounts and vouchers of the Treasurer, with the view to an 
 adjustment, and report thereon. 
 
 Gen. Wingate, Mr. Ilsley of Portland, and Mr. Gage of Au- 
 gusta, were appointed on the said committee. 
 
 Resolved, That be a committee on the pay roll, and 
 
 that they be instructed to make up the pay roll including to- 
 morrow. 
 
 Gen. Irish, Col. Lewis, and Mr. Dearborn of Hallowell, were 
 appointed on the said committee. 
 
 Resolved, That the Secretary of State pro tempore, be and 
 he hereby is instructed to examine and ascertain what docu- 
 ments and papers in the office of the Secretary of the Common- 
 wealth of Massachusetts, or elsewhere, are of importance for 
 the use of the Legislature of Maine, and that he procure the 
 same or authenticated copies thereof. 
 
 Resolved, That the treasurer of this convention, be directed 
 to pay over to the Secretary of State pro tempore, the sum of 
 one hundred dollars, to be accounted for by said Secretary to 
 the Legislature of Maine. 
 
 Resolved, That this day at half-past 3 o'clock be assigned 
 for designating by ballot, the person who, in case of the death 
 or other disqualification of the President of this convention 
 
THURSDAY, JANUARY 6. |Q^ 
 
 before the election and qualification of the Governor, under 
 this constitution of Maine, shall have all the powers and per- 
 form all the duties which the President of this convention shall 
 have and perform. 
 
 Resolved, That this day at half-past 3 o'clock be assigned 
 for designating by ballot, the person who, in case of the death 
 or other disqualification of the Secretary of State pro tempore, 
 before the election and qualification of the Secretary of State, 
 under the constitution of Maine, shall have and perform all the 
 powers and duties of Secretary pro tempore. 
 
 Resolved, That this day at half-past 3 o'clock be assigned for 
 electing by ballot, some suitable person to attend the Legisla- 
 ture and Executive, and address the Throne of Grace by prayer, 
 at the organization of the government of the new State. 
 
 Gen. Wingatc, was appointed on the committee on the sub- 
 ject of the expenses of the convention, exclusive of the pay roll, 
 in the absence of Mr. Shepley of Saco. 
 
 Adjourned to half-past 3 o'clock this afternoon. 
 
 AFTERNOON. 
 
 Met. Agreeably to assignment, the convention proceeded 
 to the choice of a person, who, in case of the death or other 
 disqualification of the President of this convention, before the 
 election and qualification of the Governor under the constitu- 
 tion of Maine, shall have all the powers and perform all the 
 duties which the President of this convention shall have and 
 perform ; and Mr. Preble, Judge Thatcher, and Mr. Herrick of 
 Bowdoinham, were appointed a committee to receive, count and 
 sort the votes — when it appeared that the whole number of 
 votes given were one hundred sixty-eight; necessary to a 
 choice, eighty- five ; and that the Hon. John Chandler had one 
 hundred and ten votes, and he was declared elected. The same 
 committee was then appointed to receive, count and sort the 
 votes for the person who, in case of the death or other dis- 
 qualification of the Secretary pro tempore, before the election 
 and qualification of Secretary of State, under the constitution 
 of Maine, shall have and perform the powers and duties of 
 Secretary of State pro tempore — when it appeared that the 
 
108 CONSTITUTIONAL CONVENTION. 
 
 whole number of votes given was one hundred and seventy - 
 four; necessary to a choice, eighty-eight ; and that Robert C. 
 Vose had one hundred and seventy-two votes, and he was de- 
 clared chosen. 
 
 Col. Lewis, chairman of the committee appointed to consider 
 and report in what manner the adoption of the constitution 
 shall be announced to the people of Maine, submitted the fol- 
 lowing resolution, which was read and accepted as amended : 
 
 Resolved, That the Secretary of this convention be directed 
 to publish in the several newspapers printed in Maine, the 
 certified result of the votes from the several towns and planta- 
 tions in the District of Maine, upon the adoption of the consti- 
 tution, as reported to the convention, and that after the fifteenth 
 day of March next, on condition that the proposed State of 
 Maine, shall have been admitted into the Union, the President be 
 requested to issue his Proclamation to the people of the State 
 of Maine, making known such admission ; and that the constitu- 
 tion proposed by the convention and adopted by the people, 
 is the constitution and frame of government for the State. 
 
 Mr. Wood of Lebanon, chairman of the committee on the 
 subject of returns for Governor, Senators and Representatives, 
 made the following Report : 
 
 No. 1, return of votes for Governor; No. 2, return of votes 
 for Senators ; No. 3, return of votes for Representatives ; and 
 that the Secretary of this convention be requested to superin- 
 tend the printing and furnishing the selectmen of all the towns, 
 and the assessors of all the plantations in the State of Maine, 
 with a suitable number of the same — which report was read 
 and accepted. 
 
 Agreeably to assignment, the convention proceeded to the 
 choice of a person to attend the Legislature and Executive, and 
 address the Throne of Grace by prayer, at the organization of 
 the government of the new State ; and the Hon. Judge Cony, 
 Rev. Mr. Titcomb, and the Rev. Mr. Lock, of Chesterville, were 
 appointed a committee to receive, count and sort the votes — 
 when it appeared that the whole number of votes given were one 
 hundred and thirty-eight; necessary to a choice, seventy ; the 
 
THURSDAY, JANUARY 6. 109 
 
 Rev. Mr. Nichols, of Portland, had one hundred and thirty-three 
 votes, and he was declared chosen ; and thereupon 
 
 Ordered, That the delegates from the town of Portland be 
 requested to notify the reverend gentleman of his election. 
 
 Col. Lewis was excused from serving on the committee upon 
 the pay roll, and Col. Atherton was appointed in his stead. 
 
 Judge Thatcher submitted the following resolution : 
 Resolved, That four attested copies of the constitution of 
 the State of Maine, together with an attested copy of the report 
 of the committee appointed to examine the returns of the votes 
 from the several towns and plantations in Maine, on the con- 
 stitution proposed to the people by this convention, be trans- 
 mitted to the Supreme Executive of the Commonwealth of 
 Massachusetts, and like copies be delivered by the Secretary 
 of State to the Supreme Executive of the State of Maine, as 
 soon as the government thereof shall be organized — and the 
 same was read and committed to Mr. Moody of Hallo well, Dr. 
 Chandler of Parris, Mr. Burr of Litchfield, Mr. Jarvis of Surry, 
 and Major Treat, to consider and report. 
 
 Voted, That when the convention adjourn, it be until 10 
 o'clock to-morrow morning. 
 Adjourned accordingly. 
 
110 CONSTITUTIONAL CONVENTION. 
 
 FRIDAY, January 7, 1820. 
 Met according to adjournment. 
 
 Gen. Wingate, chairman of the committee appointed to ex- 
 amine the books, accounts and vouchers of the Treasurer, sub- 
 mitted the following Report : That it appears by the accounts 
 presented to the committee by the Hon. Albion K. Parris, 
 Treasurer of this convention, accompanying this report, he has 
 received the sum of nineteen thousand seven hundred forty-two 
 dollars and twelve cents, that he has paid to the members of 
 this convention for their travel and attendance the first session, 
 the sum of sixteen thousand dollars, and for accounts allowed, 
 interest and incidental expenses at the first session, seven hun- 
 dred eighty-two dollars and twenty-nine cents, leaving a balance 
 in the hands of the Treasurer of two thousand nine hundred fifty- 
 nine dollars and eighty-three cents, to be applied in part payment 
 of the expenses of the present session of the convention. The 
 pay roll of the present session not having been placed in the hands 
 of the Treasurer, the committee have not been enabled to adjust 
 the accounts of the expenditures of the present session, and 
 therefore recommend the passage of the following resolves, 
 which are respectfully submitted : 
 
 Resolved, That the Treasurer of this convention be directed 
 to account with the first Legislature of Maine, for the balance 
 of money remaining in his hands, after defraying the appropria- 
 tions made by this convention. 
 
 Resolved, That the Treasurer be allowed as compensation 
 for his services, the one-half of one per centum on all moneys 
 paid out by him, under the direction of this convention — which 
 report and resolutions were severally read and accepted. 
 
 The return of votes from the town of Steuben upon the ques- 
 tion of the constitution was this day received by the Hon. 
 President, and by him communicated to the convention, where- 
 
FRIDAY, JANUARY 7. 1 1 1 
 
 by it appeared that the inhabitants of said town gave in seven- 
 teen votes in favor of the constitution and none against it. 
 Ordered, That said return be placed on file. 
 
 Gen. Irish, chairman of the committee upon the pay roll, 
 made a report, by which it appeared that the amount of travel 
 and attendance, due the several members the present session, 
 amounting in the whole to the sum of four thousand two hund- 
 red and sixteen dollars ; which was read, and 
 
 Ordered, That the Treasurer of this convention be author- 
 ized to pay the several persons borne on the pay roll, the sum 
 set against their names respectively. 
 
 Hon. Mr. Gage, chairman of the committee on accounts, made 
 a report that the sums set against the names of the following 
 persons, to wit : to 
 
 Francis Douglass, for printing, $178 20 
 
 Christopher Eand, for sundry expenses, 42 26 
 
 Aaron Chamberlain, 15 25 
 
 Robert C. Yose, Secretary, for services and expenses, 1 18 20 
 William B. Peters, Sergeant-at-Arms, 6 (JO 
 
 Thomas Bailey, 6 00 
 
 N. G. Jewett, a Clerk in the lobbies, 6 00 
 
 Robert Ilsley, Post Master, 11 39 J 
 
 $383 30£ 
 Which report was read, and 
 
 Ordered, That the Treasurer pay the several persons borne 
 on this roll, the sums set against their names respectively, in 
 full for their services. 
 
 Mr. Moody of ITallowell, chairman of the committee to whom 
 was referred the resolutions submitted yesterday by the Hon. 
 Judge Thatcher, reported the following resolution as taken 
 into a new draft : 
 
 Resolved, That the President of this convention, cause to be 
 transmitted to the Supreme Executive of the Commonwealth 
 of Massachusetts, one attested manuscript copy of the constitu- 
 tion of the State of Maine, and the reports of the committee 
 appointed to examine the return of the votes of the several 
 
1X2 CONSTITUTIONAL CONVENTION. 
 
 towns and plantations, upon the question of the adoption of the 
 constitution, and also an attested manuscript copy of the pro- 
 ceedings of this convention — which resolution was read and 
 accepted. 
 
 The Hon. Judge Thatcher, read in his place the following 
 resolution : 
 
 Resolved, unanimously, That the thanks of this convention 
 be presented to the Honorable William King, for the dignified 
 and impartial manner with which he has discharged the duties 
 of the chair, during our deliberations — which resolution was 
 again read by the Secretary and unanimously adopted. 
 
 The Honorable President then made the following reply : 
 
 Gentlemen of the Convention: — For the sentiments which 
 you have expressed, I feel particularly grateful; — they come, 
 I perceive, from an old and respected friend, from whom politi- 
 cal considerations have perhaps too long separated me. My 
 friend, on this occasion, does not remember them — they are, 
 therefore, erased from my recollection forever. 
 
 The constitution, gentlemen, which you have presented with 
 so much unanimity to our fellow-citizens, an unexampled ma- 
 jority have adopted. Your business has therefore now termi- 
 nated ; to the public it has been most useful ; to yourselves most 
 honorable, being now enrolled as the fathers of the constitu- 
 tion. 
 
 Permit me, gentlemen, to hope that the constitution with 
 which God has been pleased, through you, to bless us, may long 
 preserve the liberties, and promote the happiness of all our 
 fellow-citizens ; and that for your services, you may not only 
 receive the respect of the virtuous of your own time, but the 
 regard of posterity. 
 
 The business of the convention being completed, on motion 
 of the Hon. Judge Cony, 
 
 Voted, That the convention adjourn without day. 
 Adjourned accordingly. 
 
 Attest:-— R. C. YOSE ; Secretary. 
 
STATE OF MAINE 
 
 Resolves to authorize the printing of the Journal of the Constitutional Convention. 
 
 Resolved, That the secretary of state be directed to cause one 
 thousand copies to be printed, of the journal of the convention which 
 framed the constitution of Maine. 
 
 Resolved, That copies of the same be transmitted to such persons 
 and corporations as are entitled under existing resolves to receive 
 copies of the laws of the state, and that the remainder be retained for 
 the future disposition of the legislature. 
 
 [Approved April 10, 1856.] 
 
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