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sons charged a with crimes and of private property.

or

7 Peters 243.

ART. 5. No person shall be held to answer for a capital or oth- Rights of pererwise infamous crime, unless on a presentment or indictment of grand jury, except in cases arising in the land or naval forces, in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall 2 Dall. 304. private property be taken for public use without just compensation. 657. ART. 6. In all criminal prosecutions, the accused shall enjoy Mode of trial in the right to a speedy and public trial, by an impartial jury of the state and district, wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.

2 Peters 380,

criminal cases.

19.

ART. 7. In suits at common law, where the value in controversy in civil actions. Of trial by jury shall exceed twenty dollars, the right of trial by jury shall be pre- 1 Gall. C. C. R. served; and no fact tried by jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

2 Peters 523.

ART. 8. Excessive bail shall, not be required, nor excessive of bail. Of fines imposed, nor cruel and unusual punishments inflicted.

ART. 9. The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people.

ART. 10. The powers not delegated to the United States the constitution, nor prohibited by it to the states, are reserved the states respectively, or to the people.

fines or other punishments.

Rights reserve to the people.

Powers retain

by

to

ed by the states and people.

3 Wash. C. C. R. 313.

11 Peters 257.

be U.States' courts not to have ju

ART. 11. The judicial power of the United States shall not construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another suits brought by

state, or by citizens or subjects of any foreign state.

risdiction of

individuals against one of the states.

Manner of

ART. 12. The electors shall meet in their respective states, 3 Dall. 378. and vote by ballot for president and vice president, one of whom, choosing presiat least, shall not be an inhabitant of the same state with themselves; dent and vice president. they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice president, and of the number of votes for each; which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate; the president of the senate shall, in

the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for president shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the house of representatives shall house of repre- choose, immediately, by ballot the president. But, in choosing the case of no elec- president, the votes shall be taken by states, the representation from tion by the elec- each state having one vote; a quorum for this purpose shall consist

Choice by

sentatives in

tors.

of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice: and if the house of representatives shall not choose a president, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice president shall act as president, as in the case of the death or other constitutional disability of president. Choice of vice The person having the greatest number of votes as vice prespresident by the senate, in case ident, shall be the vice president, if such number be a majority of by the electors. the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice president; a quorum for the purpose shall consist of two thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. `

of no election

His qualifications.

But no person constitutionally ineligible to the office of president, shall be eligible to that of vice president of the United States.

NOTE. The first ten of the foregoing amendments were proposed at the first session of the first congress, held under the constitution; the eleventh amendment was proposed at the second session of the third congress; and the twelfth at the first session of the eighth congress: they were all adopted by the number of states required by the fifth article of the original constitution.

CONSTITUTION

OF THE

STATE OF MAINE,

FORMED IN CONVENTION AT PORTLAND, OCTOBER TWENTY-NINTH, AND ADOPTED BY

THE PEOPLE IN TOWN MEETINGS ON THE

SIXTH OF DECEMBER, A. D. 1819, AND OF THE INDEPENDENCE OF THE

UNITED STATES THE FORTY-FOURTH.

PREAMBLE.

Objects of government.

ARTICLE I.

SECT. 1. Natural rights.

2. All power inherent in the people.
3. Religious freedom. All religious
sects equal. Religious tests pro-
hibited.

4. Freedom of speech and publication.
Truth may be given in evidence.

5. Unreasonable searches.

6. Rights of persons accused.

7. No person to answer to a capital or

ARTICLE II.

SECT 1. Qualifications of electors. Soldiers and seamen in the United States service. Students at colleges or academies.

2. Electors exempt from arrest on days of election.

3. And from military duty.

4. Time of election.
ARTICLE III.

SECT. 1. Powers distributed.

2. Powers to be kept separate.
ARTICLE IV.-PART FIRST.

infamous crime but on indictment. SECT. 1. Legislative department. Style of

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acts.

2. House of representatives to consist
of not less than 100 nor more
than 200. Number of inhabitants
to be ascertained once in ten
years at least. Representatives
to be apportioned among the
counties.

3. Apportionment among towns.
4. Qualifications of a representative.
5. Meetings for choice of representa-
tives. Meetings of classed towns.
6. Vacancies to be filled.

7. House to choose its officers.
8. Power of impeachment.

ARTICLE IV.-PART SECOND.

SECT. 1. Senate to consist of not less than 20, nor more than 31.

2. State to be districted once in ten

years.

3. Meetings for choice of senators.

Electors in unincorporated places.

SECT 4. Votes to be examined by the gover- SECT. 3. Journal to be kept of their proceed

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Bills to be returned by him in five SECT. 1. Treasurer how chosen: ineligible

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8. Members exempted from arrest. SECT. 1. Supreme and other courts.

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3. Meetings for choice of governor. SECT. 1. Military officers, by whom elected.

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SECT. & Real estate to be taxed according SECT. 5. Persons in office to continue to

to its value.

ARTICLE X.

SECT. 1. Meeting of the first legislature.

Elections for 1830. Senators ap-
portioned. Representatives ap-

portioned. Powers and duties of

hold their offices. Part of a law
of Massachusetts made a part of
the constitution.

6. Constitution to be enrolled on
parchment.
AMENDMENTS.

secretary of state pro tem. in re- ART. 1. Meetings in cities for election of

lation to the votes.

2. Duration of the first legislature.

3. Laws now in force continue until repealed.

4. Constitution, how amended.

representatives and other civil
officers regulated.

II. Certain offences not bailable.
III. Tenure of judicial offices.

WE the people of Maine, in order to establish justice, insure Preamble. tranquillity, provide for our mutual defence, 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.

ARTICLE I.
Declaration of rights.

2 Greenl. 275.

SECTION 1. All men are born equally free and independent, Natural rights. and have certain natural, inherent and unalienable rights, among 6 Greenl. 412. which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.

rent in the peo

SECT. 2. All power is inherent in the people; all free govern- All power inhements are founded in their authority and instituted for their benefit; ple. they have therefore an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when

their safety and happiness require it.

dom.

SECT. 3. All men have a natural and unalienable right to wor- Religious freeship 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 per- sects equal. sons 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

All religious

ever be established by law, nor shall any religious test be required Religious tests prohibited.

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