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DECLARATION OF RIGHTS.
We, the People of the State of Maryland, grate. surd, slavish and destructive of the good and
ful to Almighty God for our civil and religi. happiness of mankind. ous liberty, and taking into our serious con Art. That the right of the people to par. sideration the best means of establishing a ticipate in the Legislature is the best security of good Constitution in this State, for the sure liberty, and the foundation of all free governfoundation and more permanent security ment; for this purpose elections ought to be free thereof, DECLARE:
and frequent, and every free white male citizen Art. 1. That all government of right origi- having the qualifications prescribed by the Con. nates from the people, is founded in compact stitution, ought to have the right of suffrage. only, and instituted solely for the good of the Art. 6. That the legislative, executive and whole: and they have at all times according to judicial powers of government ought to be for the mode prescribed in this Constitution, the ever separate and distinct from each other; and unalienable right to alter, reform, or abolish no person exercising the functions of one of said their form of Government, in such manner as departments shall assume or discharge the duthey may deem expedient.
ties of any other. Art
. 2. That the people of this State ought Art. 7. That no power of suspending laws, to have the sole and exclusive right of regulat- or the execution of laws, unless by or derived ing the internal government and police thereof. from the Legislature, ought to be exercised or
Art 3. That the inbabitants of Maryland are allowed. entitled to the common law of England, and Art. 8. That freedom of speech and debate the trial by jury according to the course of that or proceedings in the Legislature, ought not to law, and to the benefit of such of the English be impeached in any court of judicature. statutes as existed on the fourth day of July, Art. 9. That Annapolis be the place for the seventeen hundred and seventy-six, and which meeting of the Legislature; and the Legislature by experience have been found applicable to ought not to be convened or held at any other their local and other circumstances, and have place but from evident necessity. been introduced, used and practiced by the Art. 10. That for the redress of grievances, courts of law or equity, and also of all acts of and for amending, strengthening and preserving, Assembly in force on the first Monday of No- the laws, the Legislature ought to be frequently vember, eighteen hundred and fifty, except such convened. as may have since expired, or may be altered Art. 11. That every man hath a right to peby this Constitution, subject, nevertheless to the tition the Legislature for the redress of grievances revision of, and amendment or repeal by the in a peaceable and orderly manner. Legislature of this State; and the inhabitants of Art. 12. That no aid, charge, tax, burthen, Maryland are also entitled to all property de- or fees, ought to be rated or levied, under any rived to them from or under the charter, granted pretence, without the consent of the Legislature. by his Majesty Charles the First to Cæcilius Art. 13. That the levying of taxes by the poll Calvert, Baron of Baltimore.
is grievous and oppressive and ought to be abolArt. 4. That all persons invested with the ished; that paupers ought not to be assessed for legislative or executive powers of government the support of government, but every other perare the trustees of the public, and as such ac. son in the State, or person holding property countable for their conduct; whenever the ends therein, ought to contribute his proportion of of government are perverted, and public liberty public taxes, for the support of government, acmanifestly endangered, and all other means of cording to his actual worth in real or personal rędress are ineffectual, the people may, and of property; yet fines, duties or taxes may properly right ought to reform the old or establish a new and justly be imposed or laid, on persons or progovernment; the doctrine of non-resistance perty, with a political view, for the good governagainst arbitrary power and oppression is ab- ment and benefit of the community.
Art. 14. That sanguinary laws ought to be Art. 24. That no conviction shall work cor avoided, so far as is consistent with the safety of ruption of blood, or forfeiture of estate. the State; and no law to inflict cruel and unusual Art. 25. That a well regulated militia is the pains and penalties ought to be made in any case, proper and natural defence of a free Governor at any time hereafter.
ment. Art. 15. That retrospective laws, punishing Art. 26. That standing armies are dangerous acts committed before the existence of said laws, to liberty, and ought not to be raised or kept and by them only declared criminal, are oppres- up without consent of the Legislature. sive, unjust and incompatible with liberty; Art. 27. That in all cases and at all times, wherefore, no expost facto law ought to be made. the military ought to be under strict subordina.
Art. 16. That no law to attain particular per- tion to, and control of the civil power. sons of treason or felony, ought to be made in any Art. 28. That no soldier ought to be quar. case, or at any time hereafter.
tered in any house in time of peace without the Art. 17. That every free man, for any injury consent of the owner, and in time of war in done to him in his person or property, ought to such manner only as the Legislature shall have remedy by the course of the law of the direct. land, and ought to have justice and right, freely Art. 29. That no person except regular sol. without sale, fully without any denial, and diers, mariners, and marines, in ihe service of speedily without delay according to the law of this State, or militia when in actual service, the land.
ought in any case to be subject to or punishArt. 18. That the trial of facts where they able by martial law. arise, is one of the greatest securities of the Art. 30. That the independency and uprightlives, liberties, and estate of the people. ness of Judges are essential to the impartial
Art. 19. That in all criminal prosecutions, administration of justice, and a great security every man hath a right to be informed of the to the rights and liberties of the people, whereaccusation against him; to have a copy of the fore the Judges shall not be removed except for indictment or charge, in due time (if required) misbehaviour, on conviction in a court of law, to prepare for his defence; to be allowed counsel, or by the Governor, upon the address of the to be confronted with the witnesses against him; General Assembly; provided, that two thirds of to have process for his witnesses; to examine the all the members of each House concur in such witnesses for and against him on oath; and to a address. No Judge shall hold any other office, speedy trial by an impartial jury, without whose civil or military, or political trust or employunanimous consent he ought not to be found ment of any kind whatsoever, under the Con. guilty.
stitution or Laws of this State, or of the United Art. 20. That no man ought to be compelled States, or any of them, or receive fees or perto give evidence against hiinself in a court of quisites of any kind for the discharge of his common law, or in any other couri, but in such official duties. cases as have been usually practiced in this State, Art. 31. That a long continuance in the exeor may hereafter be directed by the Legislature. cutive departments of power or trust, is danger
Art. 21. That no free man ought to be taken ous to liberty; a rotation, therefore, in those or imprisoned, or disseized of his freehold, liber departments is one of the best securities of perties or privileges, or outlawed, or exiled, or in manent freedom. any manner destroyed, or deprived of his life, Art. 32. That no person onght to hold at the liberty or property, but by the judgment of his same time more than one office of profit, created peers, or by the law of the land; provided, that by the Constitution or laws of this State; nor nothing in this article shall be so construed as to ought any person in public trust to receive any prevent the Legislature from passing all such present from any Foreign Prince, or State, or laws for the government, regulation and disposi- írom the United States, or any of them, withtion of the free colored population of this State out the approbation of this State. as they may deem necessary.
Art. 33. That as it is the duty of every man Art. 22. That excessive bail ought not to be to worship God in such manner as he thinks required, nor excessive fines imposed, nor cruel most acceptable to Him, all persons are equally or unusual punishment inflicted by the courts of entitled to protection in their religious liberty; law.
wherefore, no person ought, by any law, to be Art. 23. That all warrants, without oath, or molested in his person or estate, on account of affirmation, to search suspected places, or to seize his religious persuasion or profession, or for any person or property, are grievous and oppres. his religious practice, unless under color of resive; and all general warranis to search suspected ligion, any man shall disturb the good order, , places, or to apprehend suspected persons, with peace or safety of the State, or shall infringe out naming or describing the place, or the per. ihe laws of morality, or injure others in their son in special, are illegal and ought not to be natural, civil or religious rights; nor ought any granted.
person be compelled to frequent or maintain or
contribute, unless on contract, to maintain any worship, or parsonage, or for a burying ground, place of worship or any ministry; nor shall any which shall be improvedl, enjoyel or used only person be deemed incompetent as a witness or for such purpose; or such sale, gist, lease or juror, who believes in the existence of a God, devise, shall be void. and that under his dispensation such person will Art. 36. That the manner of administering an be held morally accountable for his acts, and be oath or affirmation to any person ought to be such rewarded or punished therefor, either in this as those of the religious persuasion, profession or world or the world to come.
denomination of which he is a member, gener. Art. 34. That no other test or qualification ally esteem the most effectual confirmation by ought to be required on admission to any office the attestation of the Divine Being of trust or profit, than such oath of office as
Art. 37. That the city of Annapolis ought to may be prescribed by this Constitution, or by have all its rights, privileges an l benefits, agreethe Laws of the State, and a declaration of be ably to its Charter, and ihe Acts of Assembly lief in the Christian religion; and if the party confirming and regulating the same; subject to shall profess to be a Jew, the declaration shall such alterations as have been or as may be made be of his belief in a future state of rewards and by the Legislature. punishments.
Art. 38. That the liberty of the press ought Art. 35. That every gist, sale or devise of
to be inviolably preserved. land to any minister, public teacher or preacher of the gospel, as such, or to any religious sect,
Art. 39. That monopolies are odious, contrary order or denomination, or to or for the support, to the spirit of a free government and ihe prinuse or benefit of, or in trust for any minister, ciples of commerce, and ought not to be suffered. public teacher, or preacher of the gospel, as
Art. 40. That no title of nobility or hereditary euch, or any religious sect, order or denomi- honors ought to be granted in this State. nation, and every gist or sale of goods or chat
Art. 41. That the Legislature ought to entels to go in succesion, or to take place after courage the diffusion of knowledge and virtue, the death of the seller or donor, to or for such the promotion of literature, the arts, sciences, support, use or benefit; and, also, every devise agriculture, commerce and manufactures, and of goods or chattels, to or for the support, use the general melioration of the condition of the or benefit of any minister, public teacher or people. preacher of the gospel, as such, or any religi.
Art. 42. This enumeration of rights shall not ous sert, order or denomination, without the be construed to impair or deny others retained by leave of the Legislature, shall be void; except
the people. always, any sale, gift, lease or devise of any Art. 43. That this Constitution shall not be quantity of land not exceeding five acres for altered, changed or abolished, except in the a church, meeting house or other house of manner therein prescribed and directed.
son to vote for such officer, he must have been a
resident of that part of the county or ciiy which Elective Franchise.
shall form a part of the electoral district in Sec. 1. Every free white male person of which he offers to vote, for six months next pretweniy-one years of age or upwards, who shall ceding the election, but a person who shall have have been one year next preceding the election acquired a residence in such county or city ena resident of the State, and for six months a litling him to vote at any such election, shall be resident of the city of Baltimore, or of any entitled to vote in the election district from which county in which he may offer to vote, and being he removed, until he shall have acquired a resiat the time of the election a citizen of the United dence in the part of the county or city to which Stales, shall be entitled to vote in the ward or he has removed. election district in which he resides, in all elec Sec. 2. That if any person shall give, or offer tions hereafter to be held; and at all such elec- to give direcily or indirectly, any bribe, present tions the voie shall be taken by ballot. And in or reward, or any promise, or any security for case any county or city shall be so divided as to the payment or delivery of any money or any form portions of different electoral districts for other thing, to induce any voter to retrain from the election of Congressmen, Senator, Delegate casting his vote, or forcibly to prevent him in any or other officer or officers, then to entitle a per- / way from voting, or to obtain or procure a vote