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DECLARATION OF RIGHTS.
We, the People of the State of Maryland, grate. surd, slavish and destructive of the good and
fui to Almighty God for our civil and religi happiness of mankind. ous liberty, and taking into our serious con Art. 5. That the right of the people to parsideration 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 Connates 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 wbole: 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 execut 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 inhabitants 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 10 be conveneil 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 redress are inetfectual, the people may, and of properly; 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 Ar!. 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 commilled 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 attaint particular per- tion to, and control of the civil power. sons of treagon or felony, ought to be made in any Art. 28. That no soldier oughi to be quarcase, 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 the 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, where. accusation 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 wiinesses 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 employ. unanimous 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 himself in a court ofquisites of any kind for the discharge of his common law, or in any other court, 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 dangerArt
. 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 ought 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- from 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, por 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 perihe 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 improved, enjoyed 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, generArt. 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 ot 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 and 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 to the spirit of a free government and the prin.
Art. 39. That monopolies are odious, contrary order or denomination, or to or for the support, use 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 honors ought to be granted in this State.
Art. 40. That no title of nobility or hereditary such, or any religious sect, order or denomination, and every gist or sale of goods or chat
Art. 41. That the Legislature ought to enlels to go in succession, 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 sect, 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 Elective Franchise.
resident of that part of the county or city which
shall form a part of the electoral district in Sec. 1. Every free white male person of which he offers 10 vote, for six months next pretwenty-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 aliu!ing 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 directly or indirectly, any bribe, present tions the vule 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 refrain from the election of Congressmen, Senator, Delegate casting his vote, or forcibly to prevent him in any or other officer or officers, then to entiile a per- / way from vuting, or to obtain or procure a vote
for any candidate or person proposed or voted for, ful and corrupt perjary, and be thereafter incaas elector of President and Vice President of the pable of voting at any election, and also incapable United States, or Representative in Congress, or of holding any office of profit or trust in this for any office of profit or trust, created by the State. constitution or laws of this State, or by the Sec. 5. That no person above the age of ordinances or authority of the Mayor and City twenty-one years, convicted of larceny or other Council of Baltimore, the person giving or offer- infamous crime, unless he shall be pardoned by ing to give, and the person receiving the same, the Executive, shall ever thereafter be entitled and any person who gives or causes to be given to vote at any election in this State, and no peran illegal vote, knowing it to be so, at any elec- son under guardianship as a lunatic, or as a pertion to be hereafter held in this State, shall on son non compos mentis, shall be entitled to vote. conviction in a court of law, in addition to the
ARTICLE II. penalties now or hereafter to be imposed by law, be for ever disqualified to hold any office of profit
Executive Department. or trust, or to vote at any election thereafter. Sec. 1. The executive power of the State
Sec. 3. It shall be the duty of the General shall be vested in a Governor, whose term of Assembly of Maryland to pass laws to punish office shall commence on the second Wednesday with fine and imprisonment any person who of January next ensuing his election, and conshall remove into any election district or ward tinue for four years, or until his successor shall of the city of Baltimore, not for the purpose of have qualified. acquiring a bona fide residence therein, but for Sec. 2. The first election for Governor under the purpose of voting therein ai an approaching this constitution shall be held on the first Wedelection, or who shall vote in any election dis- nesday of November, in the year eighteen huntrict or ward in which he does not reside, (ex dred and fifty-three, and on the same day and cept in the case provided for in the first article month in every fourth year thereafter, at the of the constitution,) or shall, at the same elec- places of voting for delegates to the General tion, vote in more than one election district or Assembly, and every person qualified to vote for ward, or shall vote or offer to vote in any name delegates shall be qualified and entitled to vote not his own, or in place of any other person of for Governor; the election to be held in the same the same name, or shall vote in any county in manner as the election of delegates, and the rewhich he does not reside.
turns thereof, under seal, to be addressed to the Sec. 4. Every person elected or appointed to Speaker of the Honse of Delegates, and enany office of profit or trust under the constitution closed and transmitted to the Secretary of State, or laws made pursuant thereto, before he shall and delivered to the said Speaker at the comenter upon the duties of such office shall take mencement of the session of the Legislature next and subscribe the following oath or affirmation : ensuing said election. I, A B, do swear (or affirm, as the case may be,) Sec. 3. The Speaker of the House of Delethat I will support the constitution of the United gates shall then open the said returns in the States, and that I will be faithful and bear true presence of both houses, and the person having allegiance to the State of Maryland, and support the highest number of votes, and being constituthe constitution and laws thereof; that I will 10 tionally eligible, shall be the Governor, and shall the best of my skill and judgment diligently and qualify in the manner herein prescribed, on the faithfully, without partiality or prejudice, exe- second Wednesday of January next ensuing his cute the office of according to the consti- election, or as soon thereafter as may be practitution and laws of this State, and that since the cable. adoption of the present constitution, I have not Sec. 4. If two or more persons shall have the in any manner violated the provisions thereof in highest and an equal number of votes, one of relation to bribery of voters or preventing legal them shall be chosen Governor by the Senate or procuring illegal votes to be given ; (and if a and House of Delegates; and all questions in Governor, Senator, member of the House of Del relation to the eligibility of Governor, and to egates, or Judge,) " that I will not directly or the returns of said election, and to the number indirectly receive the profits or any part of the and legality of votes therein given, shall be de. profits of any other office during the time of my termined by the House of Delegates. And if acting as
And if any person elected the person, or persons, having the highest numor appointed to office as aforesaid, shall refuse or ber of votes be ineligible, the Governor shall be neglect to take the said oath or affirmation, he chosen by the Senate and Ilouse of Delegates. shall be considered as having refused to accept Every election of Governor, by the Legislature, the said office, and a new election or appoint- shall be determined by a joint majority of the ment shall be made as in case of refusal or resig- Senate and House of Delegates, and the vote nation, and any person swearing or affirming shall be taken viva voce. But if two or more falsely in the premises shall, on conviction there. persons shall have the highest and an equal of in a court of law, incur the penalties for will. number of votes, then a second voie shall be