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CHAPTER XIII
RATIFICATION OF THE FEDERAL CONSTITUTION
A convention was called in Massachusetts in 1788 to consider the ratification of the proposed constitution of the United States. It was generally conceded that upon the result in Massachusetts depended the ratification by the other colonies. Washington was extremely anxious, and was kept informed of the proceedings. Knox writes him the 10th of February, 1788, "It is now no secret that on the opening of the Conven- tion a majority were prejudiced against it." The convention opened on January 9th. The debates were acrimonious, particularly on the part of those opposing ratification, and of the five leaders of this opposition, three were from the District of Maine. On the 2d of February a Com- mittee of Compromise was appointed by the President, John Hancock. Had it not been for the adoption of the report of this committee Massa- chusetts would have probably failed to ratify the constitution, and through this failure the colonies also. Of the twenty-five members of the com- mittee, six were from the District of Maine. They were Rev. Dr. Moses Hemenway, Wells; Nathaniel Barrell, Esq., York; John Fox, Portland; Stephen Longfellow, Jr., Portland; Dummer Sewall, Bath; David Sylvester, Pownalborough. The following extract from a letter of Lucilius A: Emery, formerly chief justice of the supreme Judicial Court of Maine, has some interesting facts relative to Maine's part in the convention.
"Several towns were not represented and out of a total of 355 dele- gates in the convention only 46 appeared from what is now Maine. I do not find that any Maine delegate advocated in debate the ratification of the proposed federal constitution, but some few did strongly oppose ratifi- cation. On the vote being finally taken the Maine delegates voted as follows :
In Favor of Ratification-Nathaniel Barrell, York; Rev. Moses Hemen- way, Wells; Nathaniel Wells, Wells; Jacob Bradbury, Buxton; Thomas Cutts, Pepperellboro; John Low, Coxhall; John K. Smith, Falmouth; John Fox, Portland; Joseph Mclellan, Portland; David Mitchell, North Yar- mouth; Samuel Merrill, Yarmouth; William Thompson, Scarboro; John Dunlap, Brunswick; Isaac Snow, Harpswell; John Dyer, Cape Elizabeth ; Samuel Perley, Gray ; Thomas Rice, David Sylvester, Pownalboro; Nathan- iel Wyman, Georgetown; David Gilmore, Woolwich; William McCobb. Boothbay; Samuel Grant, Vassalboro; Moses Davis, Edgecomb; David Fales, Thomaston; Dummer Sewall, Bath-25.
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Opposed to Ratification-Elias Preble, York; Moses Adams, James Neal, Kittery; Elijah Thayer, Nathaniel Low, Richard Fox Cutts, Ber- wick ; Thomas M. Wentworth, Lebanon; Samuel Nasson, Sanford; Moses Ames, Fryeburg; Jeremiah Emery, Shapleigh; Rev. Pelatiah Tingley, Waterboro; Daniel Ilsley, Portland; Stephen Longfellow, Jr., Gorham; William Widgery, New Gloucester; David Murray, Newcastle; Samuel Thompson, Topsham; Jonah Crosby, Winslow; Zaccheus Beal, Bowdoin- ham; William Jones, Bristol; James Carr, Hallowell; Joshua Bran, Win- throp-21.
The total vote in the whole convention was 187 yeas, 168 nays. To this slender majority of 19 in favor of accepting the constitution, Maine contributed 4. The Maine vote by counties was as follows, there being at that time only three counties in that part of the commonwealth: York, yeas 7, nays 10; Cumberland, yeas 10, nays 3; Lincoln, yeas 8, nays 8.
Nathaniel Barrell of York expressed in debate his dislike of the con- stitution and intimated that a majority of his constituents were opposed to it, but he was satisfied it was the best that could be had and so voted for it. Samuel Nasson of Sanford made a fiery speech against giving Con- gress the power to raise armies and levy taxes directly on the people and voted against the constitution, but after the vote was taken he declared his acquiescence and that he would strive to induce his constituents to accept the result cheerfully. William Widgery of New Gloucester, who had spoken and voted against acceptance, also declared his cheerful acquiescence and sincere resolution to support the action of the con- vention.
Samuel Thompson of Topsham, who seemed to have the title of Gen- eral, was apparently incorrigible. He attacked nearly every section of the constitution in debate, often vehemently, and does not seem to have expressed any acquiescence in the result. During the debate on the final question he insisted that it was unconstitutional to adopt the proposed constitution; that the delegates to the Philadelphia convention of 1787 were not authorized to propose a constitution but only to propose amend- ments to the articles of confederation; that it was a 'wicked' usurpation for them to do anything more. He predicted that the ratification of this work would eventually destroy the liberties of the people."
CHAPTER XIV
COLONIAL GOVERNMENT
Whenever men have developed from the lowest stage of savagery and have attempted to live together in any sort of harmony, some form of government has been evolved. Whatever form it takes, it is forever changing, autocratic, democratic, and back to autocratic again; the pendu- lum is always swinging. Each age and each race develops its own particu- lar genius in government, and the world gains by the experiment.
The four periods into which the government of Maine may be divided are: first, that of the Indians ; second, the proprietary ; third, that of con- trol by Massachusetts; fourth, our present state government.
When the first settlers came to the state, they found the Indians in possession. The usual government of the Indians was simple. There was a chief or sagamore, whose office was usually hereditary, for each tribe. Sometimes a head chief presided over several tribes with the tribal chief subordinate to him. There were no written laws, but justice was administered and penalties were exacted by the chief and his council, which was composed of the warriors of the tribe. One tribe living near the New Brunswick border developed a very democratic government. The sachem or chief was elected for life by the men of the tribe. At his death another was chosen. The choice did not always fall on the dead chief's son, though it often did so. The sachem's power was nominal. He had six councillors whom he named, but his selection had to be confirmed by the warriors. He was commander-in-chief of the war forces, but the immediate command was given to another. Such was the government that prevailed among these tribes of savages.
The second period, that of the Proprietary Government, extended from 1606 to 1652.
1606 James I gave the charter of Virginia to Gorges and Pop-
ham. It created two companies, the London Company (the first colony of Virginia) and the Plymouth Company. A general council in England of thirteen members with one representative for each com- pany in the colony constituted the government. A simple code of laws was formed. Some of these follow:
1. Each colony could elect a president and councillors for one year.
2. Land was to descend to heirs as in England.
3. Trial by jury was established.
4. All offenders were to be tried in the colony.
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COLONIAL GOVERNMENT
George Popham was made president with a council of five assistants. 1620 James I gave to the Council of New England which suc- ceeded the Plymouth Company a charter which confirmed and included nearly all the rights of the charter of 1606. This charter held for fourteen years. From 1623 to 1631 a number of patents were . granted in Maine: the 1st Patent of Agamenticus (York), to Ferdinando Gorges, the 1st Kennebec Patent, the 2d Kennebec Patent, the Patent to the planters at Saco, the Lygonia Patent, the Muscongus or Waldo Patent and the Pemaquid or Sagadahoc Patent. Civil control was granted along with the title to the land and the government varied with the proprietor, who was usually the governor. If he did not govern in person, he appointed a deputy governor who ruled as he pleased, administering justice and mak- ing what laws seemed desirable.
1635 The Council of New England dissolved, and control was taken over by the king. The Commissioners of American Plantations were appointed to take charge of colonial affairs. New Eng- land was divided into royal provinces. Ferdinando Gorges was granted the region between the Piscataqua and the Kennebec, which was given the name of New Somersetshire. Capt. William Gorges was sent over as the first deputy governor. He with six commissioners held court at Saco in 1636; this was the first provincial court in the present State of Maine. In 1637 Gorges went back to England and this governmental experiment was at an end.
1639 Ferdinando Gorges received his long desired charter of the Province of Maine, which included one-sixth the present area of Maine, all the land between the Piscataqua and the Sagadahoc, one hundred and twenty miles inland. Gorges ruled as Lord Palatine after the manner of Lord Baltimore in Maryland. The country was divided into eight bailiwicks or counties and sixteen several hundreds and then into parishes and tithings. The legislative body, consisting of eight mem- bers elected by the people, and the council, levied taxes and made laws. The deputy governor, chancellor, treasurer, marshall, judge marshall, admiral, judge of maritime cases, master of ordnance and secretary were the standing councillors who met each month as a court of justice. The * religion was Episcopalian and no provision was made for schools.
1643 The Lygonia Patent was purchased by Sir Alexander Rigby.
It had a deputy president and a general assembly consist- ing of assistant magistrates and deputies, the latter chosen by popular vote. The deputy president acted under the advice of a commission appointed by parliament.
1647 After the death of Gorges, the inhabitants formed a com- pact, "to see these parts of the country and province regu- lated according to such laws as have formerly been exercised, and such
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others as shall be thought meet, but not repugnant to the fundamental laws of our native country." Edward Godfrey was chosen governor. This government lasted until 1652.
1652 Gorges' heirs did nothing for a time in regard to their prop- erty. Massachusetts had long viewed with disfavor the growth of an independent government in Maine, and even the inhabitants felt the need of some co-ordinate government. Massachusetts, therefore, took over Maine as a county under the name of Yorkshire. Two delegates were sent to the General Court at Boston. The inhabitants were allowed to vote without becoming members of the Puritan church, but entire free- dom of worship was not allowed them. This date marks the beginning of the third period in Maine's government.
1660 The grandson of Gorges claimed Maine. His commissioners visited the country and set up a form of government, but Massachusetts refused to yield and they were soon recalled.
1668 Massachusetts resumed control.
1676-78 The claim of Gorges was revived, but Massachusetts quietly purchased the Gorges claim for £1250 and held Maine as a proprietor.
1680 Massachusetts reorganized the administration of Maine. A
provincial president and deputy president were chosen annually. The legislature was composed of a standing council of eight members and a lower house of deputies chosen from the towns. Thomas Danforth was the first president.
1684 The charter of Massachusetts was annulled and for seven years Maine, as well as Massachusetts, was governed directly by the crown. Dudley was made president of Massachusetts, New Hamp- shire, Maine and Rhode Island. He had fifteen councillors appointed by the crown to assist him. His administration was very unpopular and lasted only five months. In 1688 Sir Edmond Andros was appointed cap- tain general and vice admiral of New England, New York and the Jerseys. He formed a council of twenty-five members, five of whom constituted a quorum. All legislative, judicial and executive functions were vested in this department. It was a despotic government without constitutional limits.
1689 Andros was deposed and a provisional government was set up. "A council for the safety of the people and the con- servation of the peace" was chosen. Delegates from the towns were chosen and a meeting of the General Court was advised. This was held in Bos- ton in May of this year and it was decided "to resume the government according to charter rights". Danforth was restored to his office as presi- dent of the Province of Maine.
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1691 . William and Mary granted Massachusetts her second char- ter, which gave her control of Maine as far as the St. Croix River. Massachusetts' government at this time resembled the English. The governor, lieutenant governor and secretary of state were appointed and commissioned by the crown to hold office during the pleasure of the sovereign. The governor had supreme executive authority. The legisla- ture consisted of two branches, an upper, called council or board of assist- ants, and the lower, the house of representatives. The council was chosen by the old council and the new house of representatives. By charter, three of the council were always from the Province of Maine, and one from Sagadahoc. The representatives were elected by towns. Eight were from Maine. All laws had to be approved by the king.
1774 General Gage dissolved the General Court. From 1775 Massachusetts was governed by the provincial congress composed of delegates from the principal towns of Maine and Massachu- setts. They managed the political affairs but made no laws.
1778 Massachusetts was divided by the Continental Congress into three districts. The northern, composed of York County, Cumberland County and Lincoln County, was called the District of Maine,
1780 The constitution of Massachusetts which was adopted in 1780 changed the government greatly. The executive power was vested in the governor, lieutenant governor and an advisory council of nine members. The General Court of two branches, the Senate and the House of Representatives, met annually. The voters had to have an income of $10 or an estate worth $200. The senators were chosen from counties or districts and the number was in proportion to the property. Maine had eight senators. The representatives were chosen by corporate towns, one to every one hundred and fifty taxable polls, and one more for every additional number of three hundred and seventy-five polls.
1787 When the United States Constitution was adopted, Maine was made a representative district.
1820 Maine separated from Massachusetts and was admitted into the Union as a sovereign state, entering upon the fourth period of her government, with which we are all familiar.
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CHAPTER XV
STATE GOVERNMENT IN OUTLINE
Legislative
1. Senate-thirty-one members elected from senatorial dis- tricts for two years.
Department
2. House of Representatives-one hundred fifty-one mem- bers elected from representative districts for two years. Each house elects its own officers (secretary, messengers, doorkeepers, etc.).
I. Executive Officers
Executive Department
1. Governor-elected by popular vote for two years.
2. Council-seven members elected by the legislature from the councillor districts for two years.
3. Secretary of State-elected by the legislature for two years.
4. Treasurer-elected by the legislature, but not eligible for more than six years in succession.
5. Attorney General-elected by the legislature for two years.
6. Auditor-elected by popular vote for two years, but not eligible for more than three successive terms.
7. Commissioner of Agriculture-elected by legislature for four years.
II. Administrative Officers*
1. Adjutant General-holds office at pleasure of Governor.
2. State Superintendent of Schools-term three years.
3. Land Agent and Forest Commissioner-term three years.
4. State Librarian-term three years.
5. Insurance Commissioner-term three years.
6. Bank Commissioner-term three years.
7. Commissioner of Health-term six years.
8. Commissioner of Labor and Industry-term three years.
9. Commissioner of Inland Fisheries and Game-term three years.
10. Agent of Penobscot Indians-holds office at pleasure of governor and council.
11. Agent of Passamaquoddy Indians-holds office at pleasure of governor and council.
12. Superintendent of Public Printing-holds office at pleasure of gov- ernor and council.
13. State Historian-term four years.
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STATE GOVERNMENT IN OUTLINE
III. Boards and Commissions *
1. Public Utilities Commission-three members, seven years.
2. State Highway Commission-three members, three years.
3. State Assessors-three members, six years.
4. Commission of Sea and Shore Fisheries-three members, three
years.
5. Maine Library Commission-five members, four years.
6. Industrial Accident Commission-three members, term of chair- man three years, other two members ex-officio. .
7. Commissioners of Harbor and Tidal Waters-three members, three years.
8. Commissioners of Pharmacy-three members, three years.
9. Board of Prison Commissioners-three members, three years.
10. Board of Legal Examiners-five members, five years.
11. Maine Board of Accountancy-three members, three years.
12. Board of Registration of Medicine-six members, six years.
13. Board of Registration and Examiners in Optometry-five mem- bers, three years.
14. Board of Veterinary Examiners-three members, three years.
15. Board of Dental Examiners-five members, five years.
16. Board of Embalming Examiners-four members, three years.
.17. Board of Charities and Corrections-five members, five years.
18. Board of Arbitration and Conciliation-three members, three years.
19. Board of Examination and Registration of Nurses-five members. three years.
20. Inspectors of Steamboats-two members, five years.
21. Board of Osteopathic Examination and Registration-five mem- bers, five years.
22. Board of Vocational Education-three members, chairman ex- officio, other two members three years.
23. State Park Commission-three members, four years.
24. Commissioners for Promotion of Uniformity of Legislation in the United States-three members, four years.
Judicial Department
Supreme Judicial Court. A Chief Justice and seven asso- ciate justices appointed by governor with advice and con- sent of council, for seven years.
*- Administrative officers, boards and commissions have been provided for at various times to meet the demands of particular classes of public business. Appointments are made by the governor with the advice and consent of the council.
CHAPTER XVI
LOCAL GOVERNMENT
In a democratic country like ours, the ability of the people to govern themselves is best displayed in the smaller divisions of government, the state, the county, the city or town. Maine has these divisions and in addi- tion the plantation.
County The county is the intermediate organization between the state government and the cities and towns. The bound- aries of a county are determined by law, and every portion of the state is in some county. A town or city is chosen as the shire town or county seat, and here are erected the buildings necessary for the conduct of county business, the court house and the jail. The administrative functions of the county are exercised by the county commissioners, three in number, who are elected for a term of six years. These commissioners make assess- ments, levy taxes, have charge of county roads, and supervise the receipts and expenditures of county money. The clerk of courts is also the clerk of this body. The sheriff, who is elected for two years, is charged with the enforcement of the laws, has charge of the jail and appoints deputies in the larger towns. The county treasurer has charge of the money which comes, not from individuals, but from towns and from the fees and fines received by the sheriff and the clerk of courts. The office of register of deeds is an important one. Here are kept the records of deeds, mortgages and attachments.
City In Maine the law does not require a minimum population · before a town can be incorporated as a city, and, conse- quently, the fact that a place is a city does not indicate its size. Cities are incorporated under special charters with usually a mayor as chief executive, with a board of aldermen and common council, together form- ing a city council, performing the legislative functions. Some cities, how- ever, have no common council. Cities are divided into districts called wards and each citizen must vote in his own ward. The government is representative and minor officials are chosen by the city council. One city in Maine has the commission plan of government. Each member of the commission is in charge of one of the departments, such as police, public works, and so on. Together they form a board which makes ordi- nances and carries on the business of the city. Another city is under
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the commission manager plan. The government is in the hands of one man, who is an expert, selected for his abilities in this line.
Town The towns are all incorporated under uniform state laws
for the town form of organization. The town meeting, at which all citizens with a voting residence have a voice, is the legislative body and is an example of the purest form of democratic government. At the town meeting are chosen the officers of the town, money is raised and appropriated for town business. The chief officials are the selectmen, whose number may be three, five or seven, the town clerk, treasurer, col- lector of taxes, the road commissioner, school committee, superintendent of schools, who serves for several towns, and the board of health.
Plantation The plantation is a rudimentary town and has all the essen- tial machinery that towns possess, but in a simplified form. Plantations may be organized for school purposes alone. The officials are the same as for towns except that three assessors take the place of select- men.
Unorganized Township There is in Maine in addition to cities, towns, and planta- 'tions another local unit called an unorganized township, which is sometimes confused in the popular mind with the plantation. It is, however, entirely distinct and as the name suggests is without a local form of government and consequently with no local officials and no local taxation. Many of these townships have a population of considerable size and have schools and roads. The schools come under the direct supervision of the State Department of Education while the roads are under the direction of the county commissioners. The unorganized town- ships occupy about one-half of the area of the state, or to be more exact, forty-seven per cent.
There are in Maine twenty cities, four hundred and thirty-four towns, sixty-five plantations, and three hundred and seventy-six unorganized townships, fourteen other smaller unorganized divisions and one hundred and forty-three islands not a part of any municipality.
Initiative The initiative is the power the people reserve to themselves to propose ordinances and laws and amendments to their charters and constitutions, and to enact or reject the same at the polls.
In Maine initiative bills may propose any measure, including bills to amend or repeal emergency legislation, but not to amend the state constitution. The petition must set forth the full text of the measure proposed and be signed by not less than 12,000 electors, and be filed with the secretary of state or presented to either branch of the legislature at least 30 days before the close of its session. Proposed measures must be submitted to the legislature, and unless they are enacted without change, they must be submitted to the electors together with any amended form, substitute or recommendation of the legislature, in such a manner that
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the people can choose between the competing measures, or reject both. When there are competing bills and neither receives a majority of the votes given for and against both, the one receiving the greater number of votes is to be resubmitted by itself at the next general election, to be held not less than sixty days after the first vote thereon; but no measure is to be resubmitted unless it has received more than one-third of the votes given for and against both. An initiative measure enacted by the legislature without change is not to be referred unless a popular vote is demanded by a referendum petition. The veto power of the governor does not extend to any measure approved by vote of the people, and if he vetoes any measure initiated by the people and passed by the legisla- ture without change, and his veto is sustained by the legislature, the meas- ure is referred to the people at the next general election.
Referendum The referendum is the power the people reserve to them- selves to approve or reject at the polls any ordinances or act passed by their legislative assemblies.
In Maine the legislature may enact measures expressly conditioned upon the people's ratification by referendum vote. Petitions for a refer- ence of any act or any part or parts thereof, passed by the legislature must be signed by not less than 10,000 electors, and be filed within ninety days after the recess of the legislature. The governor is required to give notice of the suspension of acts through referendum petitions and make proclamation of the time when the referred measure is to be voted upon. Referred measures do not take effect until thirty days after the governor has announced their ratification by a majority of the electors voting thereon. The governor may order a special election upon an initiative or referendum measure, or if so requested in the petition shall order a special election held upon the act to be referred or the act initiated but not enacted without change by the legislature.
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