Freedom of worship.

All
sects equal.

own consciences, and no one shall be hurt, molested or restrained in his person, liberty or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience, nor for his religious professions or sentiments, provided he does not disturb the public peace, nor obstruct others in their religious worship; and all persons demeaning themselves peaceably, as good members religious of the State, shall be equally under the protection of the laws, and no subordination nor preference of any one sect or denomination to another shall ever be established by law, Religious tests nor shall any religious test be required as a qualification for any office or trust, under this State; and all religious societies in this State, whether incorporate or unincorporate, shall at all times have the exclusive right of electing their public teachers, and contracting with them for their support and maintenance.

prohibited.

Freedom

speech and publication.

SEC. 4. Every citizen may freely speak, write and pubof lish his sentiments on any subject, being responsible for the abuse of this liberty; no laws shall be passed regulating or restraining the freedom of the press; and in prosecutions for any publication respecting the official conduct of men in public capacity, or the qualifications of those who are candidates for the suffrages of the people, or where the matter Truth may be published is proper for public information, the truth thereof given in evi- may be given in evidence, and in all indictments for libels the jury, after having received the direction of the court, shall have a right to determine, at their discretion, the law and the fact.

dence.

searches.

SEC. 5. The people shall be secure in their persons, Unreasonable houses, papers and possessions from all unreasonable searches and seizures; and no warrant to search any place, or seize any person or thing, shall issue without a special designation of the place to be searched, and the person or thing to be seized, nor without probable cause-supported by oath or affirmation.

Rights of persons accused.

SEC. 6. In all criminal prosecutions, the accused shall have a right to be heard by himself and his counsel, or either, at his election;

To demand the nature and cause of the accusation, and have a copy thereof;

To be confronted by the witnesses against him;

To have compulsory process for obtaining witnesses in his favor;

To have a speedy, public and impartial trial, and, except in trials by martial law or impeachment, by a jury of the vicinity. He shall not be compelled to furnish or give evidence against himself, nor be deprived of his life, liberty, property or privileges, but by judgment of his peers or the law of the land.

answer to 2

&c. but on in

SEC. 7. No person shall be held to answer for a capital No person to or infamous crime, unless on a presentment or indictment of capital crime, a grand jury, except in cases of impeachment, or in such dictment. cases of offences, as are usually cognizable by a justice of the peace, or in cases arising in the army or navy, or in the Exceptions. militia when in actual service in time of war or public danger. The legislature shall provide by law a suitable and impartial mode of selecting juries, and their usual number Juries. and unanimity, in indictments and convictions, shall be held indispensable.

Not to be put jeopardy

SEC. 8. No person, for the same offence, shall be twice in put in jeopardy of life or limb.

twice for one crime.

laws, &c. pro

SEC. 9. Sanguinary laws shall not be passed: all penal- Sanguinary ties and punishments shall be proportioned to the offence: hibited. excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.

lowed bail.

SEC. 10. All persons, before conviction, shall be bailable, All persons alexcept for capital offences, where the proof is evident or the presumption great. And the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

der &c. pro

SEC. 11. The legislature shall pass no bill of attainder, Bills of attainex post facto law, nor law impairing the obligation of con- hibited. tracts, and no attainder shall work corruption of blood nor

forfeiture of estate.

ed.

SEC. 12. Treason against this State shall consist only in Treason defin levying war against it, adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same over! act, or confession in open court.

Suspension of laws.

Corporal punishment under military law.

Right to petition.

To keep and bear arms.

Standing

ar

mies not to be

kept;

Nor soldiers to

be quartered

Right of re

SEC. 13. The laws shall not be suspended but by the. Legislature or its authority.

SEC. 14. No person shall be subject to corporal punishment under military law, except such as are employed in the army or navy, or in the militia when in actual service in time of war or public danger.

SEC. 15. The people have a right at all times in an orderly and peaceable manner to assemble to consult upon the common good, to give instructions to their representatives, and to request, of either department of the government by petition or remonstrance, redress of their wrongs and griev

ances.

SEC. 16. Every citizen has a right to keep and bear arms for the common defence; and this right shall never be questioned.

SEC. 17. No standing army shall be kept up in time of peace without the consent of the Legislature, and the military shall, in all cases, and at all times, be in strict subordination to the civil power.

SEC. 18. No soldier shall, in time of peace be quartered in on citizens, but any house without the consent of the owner or occupant, nor in time of war. in time of war, but in a manner to be prescribed by law. SEC. 19. Every person, for an injury done him in his dress for inju- person, reputation, property or immunities, shall have remedy by due course of law; and right and justice shall be administered freely and without sale, completely and without denial, promptly and without delay.

ries.

Trial by jury.

Private property not to be

SEC. 20. In all civil suits, and in all controversies concerning property, the parties shall have a right to a trial by jury, except in cases where it has heretofore been otherwise practised: the party claiming the right may be heard by himself and his council, or either, at his election.

SEC. 21. Private property shall not be taken for public taken without uses without just compensation; nor unless the public exicompensation. gencies require it.

Taxes.

SEC. 22. No tax or duty shall be imposed without the consent of the people or of their Representatives in the Legislature.

SEC. 23. No title of nobility or hereditary distinction,

privilege, honor or emolument, shall ever be granted or con- Titles of nobility prohibited. firmed, nor shall any office be created, the appointment to which shall be for a longer time than during good behavior. SEC. 24. The enumeration of certain rights shall not impair nor deny others retained by the people.

ARTICLE II.

ELECTORS.

Other rights

paired.

of Electors.

SEC. 1. Every male citizen of the United States of the Qualification age of twenty-one years and upwards, excepting paupers, persons under guardianship, and Indians not taxed, having his residence established in this State for the term of three months next preceding any election, shall be an elector for Governor, Senators and Representatives, in the town or plantation where his residence is so established; and the elections shall be by written ballot. But persons in the military, naval Soldiers and or marine service of the United States, or this State, shall not United States be considered as having obtained such established residence service. by being stationed in any garrison, barrack, or military place, in any town or plantation; nor shall the residence of a student at any seminary of learning entitle him to the right of Colleges suffrage in the town or plantation where such seminary is Academies. established.

seamen in the

Students

at

or

ex

rest on days of

SEC. 2. Electors shall, in all cases, except treason, felo- Electors ny or breach of the peace, be privileged from arrest on the empt from ardays of election, during their attendance at, going to, and election. returning therefrom.

SEC. 3. No elector shall be obliged to do duty in the And from milmilitia on any day of election, except in time of war or pub

lic danger.

itary duty.

tions.

SEC. 4. The election of Governor, Senators and Repre- Time of elec sentatives, shall be on the second Monday of September annually forever.

ARTICLE III.

DISTRIBUTION OF POWERS.

SEC. 1. The powers of this Government shall be divided Powers disinto three distinct departments, the Legislative, Executive and tributed, Judicial.

And to be kept separate.

Legislative power.

Style.

elected annu

of not less than

than 200.

tioned once in

least.

the counties.

SEC. 2. No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted.

ARTICLE IV.-Part First.

LEGISLATIVE POWER-HOUSE OF REPRESENTATIVES.

SEC. 1. The Legislative power shall be vested in two distinct branches, a House of Representatives, and a Senate, each to have a negative on the other, and both to be stiled. the Legislature of Maine, and the style of their Acts and Laws, shall be, "Be it enacted by the Senate and House of Representatives in Legislature assembled."

House of RepSEC. 2. The House of Representatives shall consist of resentatives not less than one hundred nor more than two hundred memally, to consist bers, to be elected by the qualified Electors for one year from 200 nor more the day next preceding the annual meeting of the Legislature.. The Legislature which shall first be convened under this ConTo be appor- stitution, shall, on or before the fifteenth day of August in the ten years at year of our Lord one thousand eight hundred and twenty one, and the Legislature, within every subsequent period of at most ten years and at least five, cause the number of the inhabitants of the State to be ascertained, exclusive of foreign ers not naturalized, and Indians not taxed. The number of Equally among Representatives shall, at the several periods of making such enumeration, be fixed and apportioned among the several counties, as near as may be, according to the number of inhabitants, having regard to the relative increase of population. The number of Representatives shall, on said first apportionment, be not less than one hundred nor more than one hundred and fifty; and, whenever the number of Representatives shall be two hundred, at the next annual meetings of elections, which shall thereafter be had, and at every subsequent period of ten years, the people shall give in their votes, whether the number of Representatives shall be increased or diminished, and if a majority of 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.