Research Report on the 1876 Removal of Article 10, Section 5 from Printed Copies of the Maine Constitution (2021)

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MITSC Reports
Publication Date:
January 1, 2021
Research Report on the 1876 Removal of Article 10, Section 5 from Printed Copies of the Maine Constitution (2021)Research Report on the 1876 Removal of Article 10, Section 5 from Printed Copies of the Maine Constitution (2021)

Summary

Research Report on the 1876 Removal of Article X (10), Section 5 from Printed Copies of the Maine Constitution (2021). For Maine to become a state, Massachusetts first had to pass legislation called the Articles of Separation. That legislation divided and allocated public property and certain obligations as between Maine and Massachusetts once they became separate states. As part of that division, Maine assumed all the “duties and obligations” Massachusetts had as regards the “Indians within said District of Maine.” The Articles also required that its terms and conditions “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." The Articles of Separation were included in the Maine Constitution as Section 5 of Article X. This was one of the Sections redacted from printed copies in 1876. Sections 1 and 2 of Article X were also redacted in 1876. They covered when the first Maine legislature would meet, when initial elections would be held, how Senate and House seats would be allocated as between the counties and towns, and what the initial terms of Maine’s elected and appointed officers would be.

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