OF THE CONSTITUTIONAL CONVENTION OF THE DISTRICT OF MAINE: WITH THE ARTICLES OF SEPARATION, AND GOVERNOR BROOKS' PROCLAMATION, PREFIXED. 1819-20. Augusta: FULLER & FULLER, PRINTERS TO THE STATE. 1856. 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. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the consent of this Commonwealth be, and the same is hereby given, that the District of Maine may be formed and erected into a separate and independent State, if the people of the said District shall, in the manner, and by the majority, hereinafter mentioned, express their consent and agreement thereto, upon the following terms and conditions; and, provided, the Congress of the United States shall give its consent thereto, before the fourth day of March next; which terms and conditions are as follows, viz: First. All the lands and buildings belonging to the Commonwealth, within Massachusetts proper, shall continue to belong to said Commonwealth; and all the lands belonging to the Commonwealth, within the District of Maine, shall belong, the one-half thereof, to the said Commonwealth, and the other half thereof, to the State to be formed within the said District, to be divided as is hereinafter mentioned; and the lands within the said District which shall belong to the said Commonwealth, shall be free from taxation, while the title to the said lands remains in the Commonwealth; and the rights of the Commonwealth to their lands, within said District, and the remedies for the recovery thereof, shall continue the same within the proposed State, and in the courts thereof, as they now are within the said Commonwealth, and in the courts thereof; for which purposes, and for the maintenance of its rights, and recovery of its lands, the said Commonwealth shall be entitled to all other proper and legal remedies, and may appear in the courts of the proposed State, and in the courts of the United States, holden therein, and 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 Commonwealth may hereafter determine; provided, however, that whatever this Commonwealth may hereafter receive or obtain on account thereof, if anything, shall, after deducting all reasonable charges relating thereto, be divided, one-third part thereof, to the new State, and two-third parts thereof, to this Commonwealth. Second. All the arms which have been received by this Commonwealth from the United States, under the law of Congress, entitled "An act making provision for arming and equipping the whole body of Militia of the United States," passed April the twenty-third, one thousand eight hundred and eight, shall, as soon as the said District shall become a separate State, be divided between the two States, in proportion to the returns of the militia, according to which, the said arms have been received from the United States, as aforesaid. Third. All 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 |
