to said Commonwealth, for all such debts, annuities, or Indian subsidies or claims, which may then remain due or unsatisfied; and all the surplus of the said property, so holden, as aforesaid, shall be divided between the said Commonwealth and the said District of Maine, in the proportion of two thirds to the said Commonwealth, and one third to the said District. And if, in the judgment of the said commissioners, the whole of said property, so held, as a fund and security, shall not be sufficient indemnification for the purpose, the said District shall be liable for, and shall pay to said Commonwealth, one third of the deficiency.

"Fifth. The new State shall, as soon as the necessary arrangements can be made for that purpose, assume and perform all the duties and obligations of this Commonwealth, towards the Indians within said District of Maine, whether the same arise from treaties or otherwise; and for this purpose, shall obtain the assent of said Indians, and their release to this Commonwealth of claims and stipulations arising under the treaty at present existing between the said Commonwealth and said Indians; and as an indemnification to such new State, therefor, this Commonwealth, when such arrangements shall be completed, and the said duties and obligations assumed, shall pay to said new State, the value of thirty thousand dollars, in manner following, viz: The said commissioners shall set off by metes and bounds, so much of any part of the land, within the said District, falling to this Commonwealth, in the division of the public lands, hereinafter provided for, as in their estimation shall be of the value of thirty thousand dollars; and this Commonwealth shall, thereupon, assign the same to the said new State; or in lieu thereof, may pay the sum of thirty thousand dollars at its election; which election of the said Commonwealth, shall be made within one year from the time that notice of the doings of the commissioners, on this subject shall be made known to the Governor and Council; and if not made within that time, the election shall be with the new State.

"Sixth. Commissioners, with the powers and for the purposes mentioned in this Act, shall be appointed in manner following:-The Executive authority of each State 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 the commissioners, shall be supplied in the manner provided for their original appointment; and, in addition to the powers. herein before given to said Commissioners, they shall have full power and authority, to divide all the public lands within the District, between the respective States, in equal shares, or moieties, in severalty, having regard to quantity, situa

tion and quality; they shall determine what lands shall be surveyed and divided, from time to time; the expense of which surveys, and of the commissioners, 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 questions 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 substitute, 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 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, the other may fill up the whole commission.

"Seventh. All grants of lands, franchises, immunities, corporate or other rights, and all contracts for, or grants of land not yet located, which have been or may be made by the said Commonwealth, before the separation of said District shall take place, and 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 President 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 made, 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 resident in, or not citizens of said proposed State, and the lands and rights of property of the citizens of the proposed State, resident therein; and the rights and liabilities of all persons, shall, after the said separation, continue the same as if the said District 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 Massachusetts Proper, and process has been serv ed within the District of Maine; 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 otherwise, where execution remains to be done; and in such suits, the Courts within Massachu setts Proper and within the proposed State, shall continue to have the same jurisdiction as if the said District had still remained a part of the Commonwealth. And this Commonwealth shall have the same remedies, within the proposed 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 fifteenth day of March, within the said District of Maine; 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."

to be enrolled

SEC. 6. This Constitution shall be enrolled on parchment, Constitution deposited in the Secretary's Office, and be the supreme law on parchment, of the State, and printed copies thereof shall be prefixed to the books containing the laws of this State.

Done in Convention, October 29, 1819.

WILLIAM KING,

PRESIDENT OF THE CONVENTION,
and member from Bath.

Attest, ROBERT C. VOSE, SECRETARY

7

LAWS

OF THE

STATE OF
OF MAINE.

Punishment of
Treason.

Concealment

only mispris

00

CHAPTER I.

An Act against Treason and Misprison of Treason.

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That every person whether male or female, who shall commit the crime of treason against this State, and be thereof duly convicted in the Supreme Judicial Court, shall suffer the pains of death, by being hanged by the neck until they are dead.

SEC. 2. Be it further enacted, That concealment or keeping of Treason secret of any treason, be deemed and taken only misprison on of Treason. Of treason; and the offender therein shall forfeit to the use of this State, all his goods and chattels and the profits of his lands during his life, and shall and may be imprisoned for a term not less than two years, nor exceeding five years, at the discretion of the Court before whom he shall be convicted.

Crime and

ponprison of Trea

SEC. 3. Be it further enacted, That any person who shall ishment of mis- know of any Treason to be committed, (and is no party or consenter to it,) and shall not, within a reasonable time, give information thereof, upon oath, to one of the Justices of the Supreme Judicial Court, or some Justice of the Peace within this State, to the end the offender or offenders therein may be apprehended and be amenable to Justice, shall be taken and deemed to be guilty of misprison of treason or concealment of treason.

Person indicted to have copy of

raignment.

SEC. 4. Be it further enacted, That all and every person and Indictment two persons whatsoever, that shall be accused and indicted for days before ar- treason, or for misprison of treason, shall have a true copy of the whole indictment delivered unto them, or any of them, two full days at least, before he or they shall be arraigned for the same, whereby to enable them, and any of them, respectively, to advise with counsel thereupon, to plead and make their defence; and in case any person or persons, so accused and indicted, shall desire counsel, the Court before whom such person or persons shall be tried, or some Judge of that Court, shall, and is hereby authorized and required,

assigned them.

immediately upon his or their request, to assign to such per-Counsel to be son or persons, such and so many counsel not exceeding two, as the person or persons shall desire, to whom such counsel shall have free access at all seasonable hours.

Oaths of two

witnesses ne

of misprison of

SEC. 5. Be it further enacted, That no person or persons whatsoever shall be indicted, tried or convicted of misprison cessary in case of treason, but by and upon the oaths and testimony of two Treason-unlawful witnesses, either both of them to the same overt act, les, &c. or one of them to one, and the other of them to another overt act of the same species of treason, unless the party indicted and arraigned, or tried, shall willingly without violence, in open Court confess the same.

panel of jurors

trial: may

re- their witnesses.

SEC. 6. Be it further enacted, That all and every person Prisoners to and persons who shall be accused, indicted and tried for treas- have copy of on, as aforesaid, or for misprison of treason, shall have cop-two days before ies of the panel of the Jurors who are to try them, delivered have compulso unto them and every of them so accused and indicted ry process for spectively, two days at least before he or they shall be tried for the same: and that all persons so accused and indicted for any treason, as aforesaid, or for misprison of treason, shall have the like process of the court where they shall be tried, to compel their witnesses to appear for them at any such trial or trials, as is usually granted to compel witness to appear against them.

No persons to

next following

SEC. 7. Be it further enacted, That no person or persons be indicted afwhatsoever shall be indicted, tried or prosecuted for any ter three years treason, or for misprison of treason, that shall be committed the offence. or done in violation of this Act, unless the indictment for the same be found within three years next after the treason done or committed.

[Approved March 19, 1821.]

CHAPTER II.

An Act providing for the punishment of the crimes of Murder, Manslaughter, felonious Maims and Assaults, and Duelling, and for the prevention thereof.

ing accessary

SEC. 1. BE it enacted by the Senate and House of Repre Punishment of sentatives, in Legislature assembled, That if any person shall murder or be. commit the crime of wilful murder, or shall be present, aid- thereto before ing and abetting, in the commission of such crime, or not be- the fact. ing present, shall have been accessary thereto before the fact, by counselling, hiring, or otherwise procuring the same to be done, every such offender, who in the Supreme Judicial Court, shall be duly convicted of either of the felonies and offences aforesaid, shall suffer the punishment of death. And the Justices of the said Court, before whom the convic