OFFICERS OF THE CONVENTION.

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CER

PRESIDENT:

Hon. RICHARD B. CARMICHAEL,

OF QUEEN ANNE'S COUNTY.

Secretary-Milton Y. Kidd, of Cecil county. Assistant Secretary-Thomas H. Moore, of Baltimore county. Clerk of Revision and Compilation-Joseph H. Nicholson, of Anne Arundel county. Sergeant-at-Arms-Charles G. Griffith, of Baltimore city. Committee Clerks-John V. Posey, of St. Mary's county; Stephen P. Toadvine, of Somerset county; N. T. Meginnis, of Kent county, and John H. Woodward, of Baltimore city. Door Keepers-John Hagan, of Frederick county; Henry Dryden, of Worcester county. Postmaster-J. E. Bateman, of Harford county. Assistant Postmaster-John W. Patterson, of Allegany county. Hall Keeper-George W. Murdock, of Anne Arundel county. Folders -David Barry, of Prince George's county; James Coon, of Washington county; Edward A. Marshall, of Dorchester county; T. G. Watkins, of Howard county. Pages-John C. McCabe, of Anne Arundel county; Anthony M. Neale, of Charles county; Henry A. Sommers, of Montgomery county; J. J. Grindall, of Baltimore city; William Chapline, of Baltimore city. Lamp Lighter-John V. Lowe, of Talbot county. Keeper of Rotunda-Thos. A. Mitchell, of Anne Arundel county. Janitor of Committee Rooms-Samuel Davis, of Anne Arundel county. Chaplains-Rev'ds. J. J. Henderson, S. V. Leech, J. P. Hammond, and

Michael Burke.

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1867

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

ARTICLE 1. That all government of right originates from the people, is founded in compact only, and instituted solely for the good of the whole; and they have at all times, the inalienable right to alter, reform, or abolish their Form of Government, in such manner as they may deem expedient.

ART. 2. The Constitution of the United States, and the Laws made, or which shall be made in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are, and shall be the Supreme Law of the State; and the Judges of this State, and all the People of this State, are, and shall be bound thereby; anything in the Constitution or Law of this State to the contrary, notwithstanding.

ART. 3. The powers not delegated to the United States by the Constitution thereof, nor prohibited by it to the States, are reserved to the States, respectively, or to the People thereof.

ART. 4. That the People of this State have the sole and exclusive right of regulating the internal government and police thereof, as a free, sovereign and independent State.

ART. 5. That the Inhabitants of Maryland are entitled to the Common Law of England, and the trial by jury, according to the course of that Law, and to the benefit of such of the 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 practiced by the Courts of Law or Equity; and also of all Acts of Assembly in force on the first day of June, Eighteen Hundred and Sixty-Seven; except such as may have since expired, or may be inconsistent with the provisions of 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.

ART. 6. That all persons invested with the Legislative, or Executive powers of Government are the Trustees of the Public, and as such, accountale 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 GovernNment; the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind.

ART. 7. 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 white male citizen, having the qualifications prescribed by the Constitution, ought to have the right of suffrage.

ART. 8. That the Legislative, Executive and Judicial powers of Government ought to be forever separate and distinct from each other; and no person exercising the functions of one of said Departments, shall assume, or discharge the duties of any other.

ART. 9. That no power of suspending Laws, or the execution of Laws unless by, or derived from the Legislature, ought to be exercised, or allowed.

ART. 10. That freedom of speech and debate, or proceedings in the Legislature ought not to be impeached in any Court of Judicature.

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ART. 11. That Annapolis ke the place of meeting of the Legislature; and the Legislature ought not to be convened, or held at any other place but from evident necessity.

ART. 12. That for redress of grievances, and for amending, strengthening and preserving the Laws, the Legislature ought to be frequently convened.

ART. 13. That every man hath a right to petition the Legislature for the redress of grievances in a peaceable and orderly manner.

ART. 14. That no aid, charge, tax, burthen, or fees ought to be rated or levied under any pretence, without the consent of the Legislature.

ART. 15. That the levying of taxes by the poll is grievous and oppressive, and ought to be prohibited; that paupers ought not to be assessed for the support of the Government; but every person in the State, or person holding property therein, ought to contribute his proportion of public taxes for the support of the Government, according to his actual worth in real or personal property; yet, fines, duties, or taxes may properly and justly be imposed, or laid, with a political view, for the good Government and benfit of the community.

ART. 16. That sanguinary Laws ought to be avoided as far as it 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. 17. 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 expost facto Law ought to be made, nor any retrospective oath or restriction be imposed, or required.

ART. 18. That no Law to attaint particular persons of treason, or felony ought to be made in any case, or at any time hereafter.

ART. 19. That every 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. 20. That the trial of facts, where they arise, is one of the greatest securities of the lives, liberties and estate of the People.

ART. 21. That in all criminal prosecutions, every man hath a right to be informed of the accusation against him; to have a copy of the indictment, or charge in due time, if required, to prepare for his defence; to be allowed counsel; to be confronted with the witnesses against him; to have process for his witnesses; to examine the witnesses for and against him on oath; and to a speedy trial by an impartial jury, without whose unanimous consent he ought not to be found guilty.

ART. 22. That no man ought to be compelled to give evidence against himself in a criminal case.

ART. 23. That no man ought to be taken, or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty or property but by the judgment of his peers, or by the Law of the Land.

ART. 24. That Slavery shall not be re-established in this State, but having been abolished, under the policy and authority of the United States, compensation, in consideration thereof, is due from the United States.

ART. 25. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel, or unusual punishment inflicted by the Courts of Law.

ART. 26. That all warrants, without oath or affirmation, to search suspected places, or to seize any person, or property are grievous and oppressive; and all general warrants to search suspected places, or to apprehend suspected persons, without naming or describing the place, or the person in special, are illegal, and ought not to be granted.

ART. 27. That no conviction shall work corruption of blood, or forfeiture of

estate.

ART. 28. That a well regulated Militia is the proper and natural defence of a free Government.

ART. 29. That Standing Armies are dangerous to liberty, and ought not to be rais, or kept up without the consent of the Legislature.

ART. 30. That in all cases, and at all times, the military ought to be under strict subordination to, and control of the civil power.

ART. 31. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor, in time of war, except in the manner prescribed by Law.

ART. 32. That no person except regular soldiers, and marines and mariners in the service of this State, or militia, when in actual service, ought, in any case, to be subject to, or punishable by Martial Law.

ART. 33. That the independency and uprightness of Judges are essential to the

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impartial administration of justice, and a great security to the rights and liberties of the People; wherefore, the Judges shall not be removed except in the manner and for the causes provided in this Constitution. No Judge shall hold any other office, civil or military, or political trust, or employment of any kind, whatsoever, under the Constitution, or Laws of this State, or of the United States, or any of them; or receive fees, or perquisites of any kind for the discharge of his official duties.

ART. 34. That a long continuance in the Executive Departments of power, or trust is dangerous to liberty; a rotation, therefore, in those Departments is, one of the best securities of permanent freedom.

ART. 35. That no person shall hold, at the same time, more than one office of profit, created by the Constitution or Laws of this State; nor shall any person in public trust receive any present from any foreign Prince or State, or from the United States, or any of them, without the approbation of this State.

ART. 36. That as it is the duty of every man to worship God in such manner as he thinks most acceptable to Him, all persons are equally entitled to protection in their religious liberty; wherefore, no person ought, by any Law, to be molested in his person or estate, on account of his refigious persuasion, or profession, or for his religious practice, unless, under the color of religion he shall disturb the good order, peace or safety of the State, or shall infringe the Laws of morality, or injure others in their natural, civil or religious rights, nor ought any person to be compelled to frequent, or maintain, or contribute, unless on contract, to maintain any place of worship, or any ministry; nor shall any person, otherwise competent, be deemed incompetent, as a witness, or juror, on account of his religious belief; provided, he believes in the existence of God, and that, under His dispensation, such person will be held morally accountable for his acts, and be rewarded or punished therefor, either in this world, or the world to come.

ART. 37. That no religious test ought ever to be required as a qualification for any office of profit or trust, in this State, other than a declaration of belief in the existence of God; nor shall the Legislature prescribe any other oath of office than the oath prescribed by this Constitution.

ART. 38. That every gift, sale or devise of land, to any Minister, Public Teacher or Preacher of the Gospel, as such, or to any Religious Sect, Order or Denomination, or to, or for the support, use or benefit of, or in trust for any Minister, Public Teacher or Preacher of the Gospel, as such, or any Religious Sect, Order or Denomination, and every gift, or sale of goods, or chattels, to go in succession, or to take place after the death of the Seller or Donor, to or for such support, use or benefit, and also every devise of goods, or chattels to or for the support, use or benefit of any Minister, Public Teacher or Preacher of the Gospel, as such, or any Religious Sect, Order or Denomination, without the prior, or subsequent sanction of the Legislature, shall be void; except always, any sale, gift, lease, or devise of any quantity of land, not exceeding five acres, for a Church, Meeting House, or other House of Worship, or Parsonage, or for a Burying Ground, which shall be improved, enjoyed, or used only for such purpose; or such sale, gift, lease, or devise, shall be void.

ART. 39. That the manner of administering an oath, or affirmation to any person ought to be such as those of the religious persuasion, profession, or denomination, of which he is a member, generally esteem the most effectual confirmation by the attestation of the Divine Being.

ART. 40. That the liberty of the press ought to be inviolably preserved; that every citizen of the State ought to be allowed to speak, write and publish his sentiments on all subjects, being responsible for the abuse of that privilege.

ART. 41. That monopolies are. odious, contrary to the spirit of a free government and the principles of commerce, and ought not to be suffered.

ART. 42. That no title of nobility, or hereditary honors, ought to be granted in this State.

ART. 43. That the Legislature ought to encourage the diffusion of knowledge and virtue, the extension of a judicious system of general education, the promotion of literature, the arts, sciences, agriculture, commerce and manufactures, and the general melioration of the condition of the People.

ART. 44. That the provisions of the Constitution of the United States, and of this State, apply as well in time of war as in time of peace; and any departure therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good government, and tends to anarchy and despotism.

ART. 45. This enumeration of Rights shall not be construed to impair, or deny others retained by the People.