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Distribution of Powers. Section 1. Powers distributed. 2. To be kept separate.
ARTICLE IV. Legislative Power. - House of Represen
1. Legislative department. Style
of acts. 2. Number of representatives fixed
at one hundred and fifty-one. 3. Appointment among towns. 4. Qualifications of a representa
tive. 5. Meetings for choice of represen
tatives. Meetings of classed towns. Lists of votes shall be examined by Governor and council; and they shall summon persons who appear to be elected. Lists to be laid before the House of Representatives. Manner of electing representatives and other civi!
officers in cities. 6. Vacancies, how to be filled. 7. House shall choose its OW
officers. 8. Power of impeachment.
Legislative Poroer. Section 1. Legislature shall meet annually.
Its powers. 2. Bills shall be signed by the
Governor. Proceedings, in case he disapproves. Unsigned bills shall be returned by him with
in five days. 3. Each house shall judge of the
elections of its members. Ma
jority a quorum. 4. May punish and expel members, 5. Shall keep a journal. Yeas and
nays, when to be entered. 6. May punish for contempt. Pro
viso. 7. Compensation of members.
Traveling expenses. 8. Members are exempt from civil.
arrest. Freedom of debate. 9. Either house may originate bills.
Revenue bills. Proviso. 10. Members shall not be appointed
to certain offices. Statics. 11. Persons qualified to be members. 12. Adjournments. 13. Special legislation. 14. Corporations, except for munici
pal purposes, shall, when practicable, be formed under gene
ral laws. Constitutional conventions.
Legislatire Power. – Senate. 1. Senate shall consist of not less
than twenty, nor more than
thirty-one. 2. State shall be districted once in
ten years. Districts, how
formed. 3. Meetings for choice of senators. Electors in
unincorporated places. 4. Votes shall be examined by the
Governor and council. 5. Senate shall decide as to the
election of its members. 6. Qualifications of senators. 7. Senate shall try impeachments.
Limitation of senate's judgment. Party is further liable to be tried and punished by
the courts. 8. Senate shall choose its officers.
ARTICLE V. . Executive Power. - Governor. 1. Governor. 2. Elected for one year. 3. Meetings for choice of Governor.
Votes should be returned to
in case there is no choice. 4. Qualifications for Governor. 5. Disqualifications. 6. Compensation. 7. Commander-in-chief of militia.
Shall not march militia out of
State. 8. With advice of council, shall ap
point officers. 9. Shall give information and re
commend measures. 0. May require information of any
Section 2. Compensation of the supreme
Justices shall not be dimin
Ished. 3. They shall give opinion, when
required by either branch of
the government. 4. Tenure of judicial offices. 5. Justices of the peace and no
taries public. 6. Justices of the Supreme Judicial
Court shall hold no other
office. 7. Judges and registers of probate,
their election and tenure of
office. Vacancies, how filled. 8. Judges of Municipal and Police
Courts, shall be appointed.
Military. 1. Military officers, how to be
elected. 2. Manner of conducting elections. 3. Major-generals and adjutant
generals, how slected. Staff
officers, how apointed. 4. Organization of the militla. 5. Who may be exempted from
Literature. 1. Legislature shall require towns
to support public schools. Shall endow colleges and academies. Proviso.
General Provisions. 1. Oath and subscriptions. Before
whom to be taken. Proviso. 2. Offices that are incompatible
with each other. 3. Commissions. 4. Elections on the first Wednes
days of January may be adjourned from day to day.
Order of filling vacancies. 5. Every civil officer may be re
moved by impeachment
of council, to reprieve, com-
islature on extraordinary Oc-
their place of meeting. 14. Vacancy. How supplied.
Executive Power. - Council.
1. Council shall consist of seven.
ileged from arrest.
shall be kept.
cillors. Councillors shall not
Executive Power.- Secretary.
1. Secretary, how to be chosen.
State. May appoint deputies. 3. Shall attend the Governor and
Executive and Legislative de-
Executive Power.-- Treasurer.
1. Treasurer, how chosen. Ineligi
ble, for more than five succes
sive years. 2. Shall give bonds. 3. Shall not engage in trade. 4. No money shall be drawn out by warrant. Accounts of receipts and expenditures shall be published.
address. 6. Tenure of office. 7. Valuation.
Judicial Power. 1. Supreme judicial and
be taxed according to its
value. 9. Taxation. 10. Sheriffs, how elected and tenure
of office. 11. Attorney-General, how to be
elected. Vacancy, how filled. 12. Soldiers, who may be allowed to
vote for county officers. 13. Bribery at elections. 14. Credit of State shall not be
loaned. Creation of State debt,
ment of municipal war debt.
inhabitants, and towns having
by chief justice of Supreme
supreme law of the State. 4. Section one, two and five of ar
ticle ten, shall be omitted from printed copies. Section five remains in force.
ited to five per cent of the
last regular valuation. XXIII. Biennial elections and bien
nial sessions of the legis
lature. XXIV. Governor shall be elected by
a plurality of the popular
vote. XXV. Biennial terms of senators
Schedule. 1. Laws now in force, continue
We, the people of Maine, in order to establish justice, insure tranquillity, provide for our mutual defense, promote our common welfare, and secure to ourselves and our posterity the blessings of liberty, acknowledging with grateful hearts the goodness of the Sovereign Ruler of the Universe in affording us an opportunity, so favorable to the design; and, imploring His aid and direction in its accomplishment, do agree to form ourselves into a free and independent State, by the style and title of the State of Maine, and do ordain and establish the following Constitution for the government of the same.
Declaration of Rights. Section 1. All men are born equally free and independent, and have certain natural, inherent and inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.
Sec. 2. All power is inherent in the people; all free governments are founded in their authority and instituted for their benefit; they have, therefore, an inalienable and indefeasible right to institute government, and to alter, reform or totally change the same, when their safety and happiness require it.
Sec. 3. All men have a natural and inalienable right to worship Almighty God according to the dictates of their 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 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, 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.
Sec. 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 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.
Sec. 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 cause -- supported by oath or affirmation.
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 by the law of the land.
Sec. 7. No person shall be held to answer for a capital or infamous crime, unless on a presentment or indictment of a grand jury, except in cases of impeachment, or in such cases of offenses 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 usual number and unanimity, in indictments and convictions, shall be held indispensable.
Sec. 8. No person, for the same offense, shall be twice put in jeopardy of life or limb.
Sec. 9. Sanguinary laws shall not be passed; all penalties and punishments shall be proportioned to the offense; excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.
Sec. 10. No person before conviction shall be bailable for any of the crimes, which now are, or have been denominated capital offenses since the adoption of the Constitution, where the proof is evident or the presumption great, whatever the punisinent of the crimes may be. 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.
Sec. 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.
Sec. 12. Treason against this State shall consist only in levying war against it, adhering to its enemies, giving them aid and