« PreviousContinue »
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 comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in
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 grievances.
Sec. 16. Every citizen has a right to keep and bear arms for the common defense; 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 any house without the consent of the owner or occupant, nor in time of war, but in a manner to be prescribed by law.
Sec. 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.
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 practiced; the party claiming the right may be heard by himself and his counsel, or either, at his election.
Sec. 21. Private property shall not be taken for public uses without just compensation; nor unless the public exigencies require it.
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 confirmed,
CONSTITUTION OF THE STATE OF MAINE.
Section 20. Trial by jury. 21. Private property not to be taken
without just compensation. 22. Taxes. 23. Titles of nobility prohibited.
Tenure of office limited. 24. Other rights not impaired.
Declaration of Rights. Section 1. Natural rights. 2. All power inherent in the peo
ple. 3. Religious freedom. Proviso. All
sects equal. Religious test prohibited. Right to elect re
ligious teachers. 4. Freedom of speech and publica
cation. Truth may be given
in evidence. 5. Unreasonable searches. 6. Rights of persons accused. 7. No person to answer to a capital
or infamous crime but on in
dictment. Exceptions. Juries. 8. Not to be put in jeopardy twice
for the same offense. 9. Sanguinary laws prohibited. 10. Bailable offenses. Habeas cor
pus. 11. Bills of attainder, etc., pro
hibited. 12. Treason. 13. Suspension of laws. 14. Corporal punishment under mili
tary law. 15. Right of petition. 16. Right to keep and bear arms. 17. Standing armies not to be kept. 13. No soldiers to be quartered on
citizens in time of peace. 19. Right of redress for injuries.
1. Qualifications of electors. Writ
ten ballot. Soldiers or seamen in U. S. service. Students at colleges and academies. Residence not lost by reason of absence, in the military service of Maine or of the United
States. 2. Electors exempt from arrest on
election days; 3. And from military duty. 4. Time of State election. Citizens
absent in temporary military service of the U. S. or of Maine may vote. Polls, where opened. Vote, how taken. Who shall act as supervisors. Supervisors shall be sworn. Their duties. Proviso. Where certain officers may vote. Supervisors shall prepare ballot boxes. Ballots, how prepared. Qualification of voters. Supervisors shall keep correct poll lists; check names of voters; sort, count and declare votes; and make return to Secretary of State's office.