Freedom of speech and publication. 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. SECT. 4. Every citizen may freely speak, write and publish 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 Truth may be the matter published is proper for public information, the truth thereof 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. given in evidence. Unreasonable searches. 13 Mass. 286. Rights of per sons accused. 2 Fairf. 208. 1 Greenl. 230. 2 Fairf. 208. SECT. 5. The people shall be secure in their persons, 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 causesupported by oath or affirmation. SECT. 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; 8 Greenl. 365. 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. No person to answer to a mous crime but SECT. 7. No person shall be held to answer for a capital or capital or infa- infamous crime, unless on a presentment or indictment of a grand on indictment. jury, except in cases of impeachment, or in such cases of offences, Exceptions. as are usually cognizable by a justice of the peace, or in cases arising in the army or navy, or in the 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 4 Greenl. 439. usual number and unanimity, in indictments and convictions, shall be held indispensable. Jurics. Not to be put in jeopardy twice SECT. 8. No person, for the same offence, shall be twice put in for one crime. jeopardy of life or limb. Sanguinary laws prohibited. SECT. 9. Sanguinary laws shall not be passed; all penalties and punishments shall be proportioned to the offence: excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted. ces. ments. Art. 11. SECT. 10. All persons, before conviction, shall be bailable, Bailable offenexcept for capital offences, where the proof is evident or the pre- See amendsumption great. And the privilege of the writ of habeas corpus Habeas corpus. shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. SECT. 11. The legislature shall pass no bill of attainder, ex post facto law, nor law impairing the obligation of contracts, and no attainder shall work corruption of blood nor forfeiture of estate. Bills of attainited. der, &c. prohib 5 Greenl. 66. Treason. SECT. 12. Treason against this state shall consist only in levying 474 2 Fairf. war against it, adhering to its enemies, giving them aid and comfort. 109, 118, 234. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court. SECT. 13. The laws shall not be suspended but by the legisla- Suspension of ture or its authority. laws. ishment under SECT. 14. No person shall be subject to corporal punishment Corporal pununder military law, except such as are employed in the army or military law. navy, or in the militia when in actual service in time of war or public danger. tion. SECT. 15. The people have a right at all times in an orderly Right of petiand 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 grievances. bear arms. not to be kept. SECT. 16. Every citizen has a right to keep and bear arms for To keep and the common defence; and this right shall never be questioned. SECT. 17. No standing army shall be kept up in time of peace Standing armies 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. SECT. 18. No soldier shall in time of peace be quartered in any house without the consent of the owner or occupant, nor in time of war, but in a manner to be prescribed by law. No soldiers to citizens in time be quartered on of peace. Right of redress for injuries. SECT. 19. Every person, for an injury done him in his 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. SECT. 20. In all civil suits, and in all controversies concerning Trial by jury. 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 counsel, or either, at his election. SECT. 21. Private property shall not be taken for public uses without just compensation; nor unless the public exigencies require it. 7 Greenl. 273. 8 Greenl. 365. 1 Fairf. 447. 3 Fairf. 222. 3 Greenl. 97. Private properken without ty not to be ta compensation. Taxes. Titles of nobility prohibited. Other rights not impaired. Qualifications of electors. 7 Greenl. 497. SECT. 22. No tax or duty shall be imposed without the consent of the people or of their representatives in the legislature. SECT. 23. No title of nobility or hereditary distinction, privilege, honor or emolument, shall ever be granted or confirmed, nor shall any office be created, the appointment to which shall be for a longer time than during good behavior. SECT. 24. The enumeration of certain rights shall not impair nor deny others retained by the people. ARTICLE II. SECT. 1. Every male citizen of the United States of the 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 election shall be by written ballot. But persons in the military, naval or marine service of the United States, or this seamen in the state, shall not be considered as having obtained such established residence 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 suffrage in the town or plantation where such seminary is established. 7 Greenl. 492, 497. Soldiers and United States service. Students at colleges and academies. Electors exempt from ar rest on days of 8 Greenl. 187. election. And from military duty. Time of clection. Powers distrib SECT. 2. Electors shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest on the days of election, during their attendance at, going to, and returning therefrom. SECT. 3. No elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger. SECT. 4. The election of governor, senators and representatives, shall be on the second Monday of September annually forever. ARTICLE III. SECT. 1. The powers of this government shall be divided into 3 Greenl. 326. three distinct departments, the legislative, executive and judicial. uted. 4 Greenl. 140. Powers to be SECT. 2. No person or persons, belonging to one of these kept separate. departments, shall exercise any of the powers properly belonging 484. 7 Greenl. to either of the others, except in the cases herein expressly directed 3 Greenl. 372, 14. or permitted. ARTICLE IV.-PART FIRST. LEGISLATIVE POWER. House of Representatives. partment. House of repre sentatives to consist of not less than 100, nor more than ascertained SECT. 1. The legislative power shall be vested in two distinct Legislative debranches, a house of representatives, and a senate, each to have a negative on the other, and both to be styled the Legislature of Maine, and the style of their acts and laws, shall be, "Be it enacted Style of acts. by the senate and house of representatives in legislature assembled.” SECT. 2. The house of representatives shall consist of not less than one hundred nor more than two hundred members, to be elected by the qualified electors for one year from the day next preceding the annual meeting of the legislature. The legislature, which shall first be convened under this constitution, shall, on or before the fifteenth day of August in the year of our Lord one thousand eight hundred and twenty one, and the legislature, within every Number of insubsequent period of at most ten years and at least five, cause the habitants to he number of the inhabitants of the state to be ascertained, exclusive once in ten of foreigners not naturalized, and Indians not taxed. The number Representaof representatives shall, at the several periods of making such enu- tives to be apmeration, be fixed and apportioned among the several counties, as mong the counnear as may be, according to the number of inhabitants, having 3 Greenl. 477. 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. years at least. portioned a ties. among towns. SECT. 3. Each town having fifteen hundred inhabitants may Apportionment elect one representative; each town having three thousand seven 6 Greenl. 486. hundred and fifty may elect two; each town having six thousand seven hundred and fifty may elect three; each town having ten thousand five hundred may elect four; each town having fifteen thousand may elect five; each town having twenty thousand two hundred and fifty may elect six; each town having twenty-six thousand two hundred and fifty inhabitants may elect seven; but no town shall ever be entitled to more than seven representatives: and towns and plantations duly organized, not having fifteen hundred inhabitants, shall be classed, as conveniently as may be, into districts containing that number, and so as not to divide towns ; and Qualifications of a representative. each such district may elect one representative; and, when on this apportionment the number of representatives shall be two hundred, a different apportionment shall take place upon the above principle; and, in case the fifteen hundred shall be too large or too small to apportion all the representatives to any county, it shall be so increased or diminished as to give the number of representatives according to the above rule and proportion; and whenever any town or towns, plantation or plantations not entitled to elect a representative shall determine against a classification with any other town or plantation, the legislature may, at each apportionment of representatives, on the application of such town or plantation, authorize it to elect a representative for such portion of time and such periods, as shall be equal to its portion of representation; and. the right of representation, so established, shall not be altered until the next general apportionment. SECT. 4. No person shall be a member of the house of representatives, unless he shall, at the commencement of the period for which he is elected, have been five years a citizen of the United States, have arrived at the age of twenty one years, have been a resident in this state one year, or from the adoption of this constitution; and for the three months next preceding the time of his election shall have been, and, during the period for which he is elected, shall continue to be a resident in the town or district which he represents. Meetings for SECT. 5. The meetings for the choice of representatives shall choice of repre- be warned in due course of law by the selectmen of the several amendments, towns seven days at least before the election, and the selectmen sentatives. See art. I. 7 Greenl. 497. thereof shall preside impartially at such meetings, receive the votes of all the qualified electors present, sort, count and declare them in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the selectmen, and in open town meeting; and a fair copy of this list shall be attested by the selectmen and town clerk, and delivered by said selectmen to each representative within ten days next after such election. And the towns and plantations organized by law, belonging to any class herein provided, Meetings of classed towns. shall hold their meetings at the same time in the respective towns and plantations; and the town and plantation meetings in such towns and plantations shall be notified, held and regulated, the votes received, sorted, counted and declared in the same manner. And the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have, and are subject to by this constitution. And the selectmen of such |