Imagens das páginas
PDF
ePub

Committee to consider and report respecting the Legislative Department:
Messrs. Johnson,

Phelps,

Presstman, Kilgour,

[blocks in formation]

Carter.

Committee to consider and report respecting Judiciary Department, embracing Common Law Courts, Courts of Equity, Orphans' Courts, Magistrates' Courts, and Justices of the Peace, and the mode of appointment and tenure of office:

[blocks in formation]

Committee to consider and report respecting the office of Attorney-General and his

Messrs. Shriver,

Dalrymple,

Deputies:

[blocks in formation]

Committee to consider and report respecting future amendments and revisions of the

[blocks in formation]

Committee to consider and report a proper basis of Representation in the two Houses of the General Assembly, and a proper apportionment of representation in the same:

[blocks in formation]

Committee to consider and report respecting the Regulation of Inspections:

[blocks in formation]

Committee to consider and report such provisions proper to be embodied in a Constitution for the State, as are not embraced in the foregoing resolutions:

Messrs. Jenifer,

McLane,

Messrs. Tuck,

[blocks in formation]

Committee of Revision:

Johnson,
Grason.

Chambers, Grason, Randall, Magraw.

Afterwards added: Messrs. Donaldson, Gwinn.

Committee to consider and report respecting the Militia and Military Affairs:

[blocks in formation]

* Mr. Thomas was excused at his own request from continuing a member of this Committee, and Mr. Morgan was appointed in his place.

Constitution of Maryland,

ADOPTED IN CONVENTION,

WHICH ASSEMBLED AT THE CITY OF ANNAPOLIS, ON THE FOURTH DAY OF
NOVEMBER, EIGHTEEN HUNDRED AND FIFTY, AND ADJOURNED ON THE
THIRTEENTH DAY OF MAY, EIGHTEEN HUNDRED AND FIFTY-ONE.

THE DECLARATION OF RIGHTS.

We, the People of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious consideration the best means of establishing a good Constitution in this State, for the sure foundation and more permanent security thereof, declare:

dation of Govern

ARTICLE 1. That all government of right Origin and Founoriginates from the people, is founded in com- ment. pact only, and instituted solely for the good of the whole; and they have at all times, according to the mode prescribed in this Constitution, the unalienable right to alter, reform, or abolish Right of Reform. their form of government, in such manner as

they may deem expedient.

ART. 2. That the people of this State ought State's Rights. to have the sole and exclusive right of regulating the internal government and police thereof.

ART. 3. That the inhabitants of Maryland Common Law. are entitled to the common law of England, 2 Md. 429. and the trial by jury according to the course Trial by Jury.

of that law, and to the benefit of such of the English Statutes. English statutes as existed on the fourth day of July, seventeen hundred and seventy-six, and which, by experience, have been found applicable to their local and other circumstances, and have been introduced, used and practised by the courts of law or equity, and also Acts of Assembly of all acts of Assembly in force on the first Monday of November, eighteen hundred and fifty, except such as may have since expired, or may be altered by this Constitution, subject, nevertheless, to the revision of, and amendment or repeal by the Legislature of this State; and the inhabitants of Maryland are also entitled to all property derived to them from or under the charter granted by his Majesty Charles the First, to Cæcilius Calvert, Baron of Baltimore.

Charter of the

State.

Right of Reform.

Right of Suffrage.

ART. 4. That all persons invested with the Legislative or Executive powers of government, are the trustees of the public, and as such accountable for their conduct; wherefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old or establish a new government. The doctrine of non-resistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind.

ART. 5. That the right of the people to participate in the Legislature is the best security of liberty, and the foundation of all free government; for this purpose elections ought to

be free and frequent, and every free white male citizen having the qualifications prescribed by the Constitution, ought to have the right of suffrage.

Departments of

ART..6. That the legislative, executive and Separation of the judicial powers of government ought to be for- Government. ever separate and distinct from each other; 2 Md. 341. and no person exercising the functions of one of said departments, shall assume or discharge the duties of any other.

do. 429.

Laws.

ART. 7. That no power of suspending laws, Suspension of or the execution of laws, unless by or derived from the Legislature, ought to be exercised or allowed.

Speech.

ART. 8. That freedom of speech and debate Freedom of or proceedings in the Legislature, ought not to be impeached in any court of judicature.

ment.

ART. 9. That Annapolis be the place for the Seat of Governmeeting of the Legislature; and the Legislature ought not to be convened or held at any other place but from evident necessity.

[ocr errors]

lature.

ART. 10. That for the redress of grievances, Meeting of Legisand for amending, strengthening and preserv ing the laws, the Legislature ought to be frequently convened.

ART. 11. That every man hath a right to Right of Petition. petition the Legislature for the redress of

grievances in a peaceable and orderly manner.

Taxes.

ART. 12. That no aid, charge, tax, burthen, or Levying of fees, ought to be rated or levied, under any pretence, without the consent of the Legislature.

sive.

ART. 13. That the levying of taxes by the Poll taxes opprespoll is grievous and oppressive, and ought to be abolished; that paupers ought not to be Paupers not to be assessed for the support of Government, but

taxed.

ing to actual

every other person in the State, or person holding property therein, ought to contribute his proportion of public taxes, for the support Taxation accord- of Government, according to his actual worth in real or personal property; yet fines, duties, or taxes may properly and justly be imposed or laid, on persons or property, with a political view, for the good government and benefit of the community.

worth. Fines, &c.

Sanguinary
Laws.

Retrospective
Laws.

Attainder.

Right to have justice.

Trial of facts where they arise.

Criminal Prosecutions.

ART. 14. That sanguinary laws ought to be avoided as far as is consistent with the safety of the State; and no law to inflict cruel and unusual pains and penalties ought to be made in any case, or at any time hereafter.

ART. 15. That retrospective laws, punishing acts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust and incompatible with liberty; wherefore, no ex post facto law ought to be made.

ART. 16. That no law to attaint particular persons of treason or felony, ought to be made in any case, or at any time hereafter.

ART. 17. That every free man, for any injury done to him in his person or property, ought to have remedy by the course of the law of the land, and ought to have justice and right, freely without sale, fully without any denial, and speedily without delay, according to the law of the land.

ART. 18. That the trial of facts where they arise, is one of the greatest securities of the lives, liberties, and estate of the people.

ART. 19. That in all criminal prosecutions, every man hath a right to be informed of the

« AnteriorContinuar »