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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 5   View pdf image (33K)
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THE CONSTITUTION OF MARYLAND,
ADOPTED BY THE CONVENTION OF 1850.
DECLARATION OF RIGHTS.
We, the People of the State of Maryland, grate-
ful to Almighty God for our civil and reli-
gious liberty, and taking into our serious con-
sideration 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, according to the mode prescribed in
this Constitution, the unalienable right to
alter, reform, or abolish their form of govern-
ment, in such manner as they may deem ex-
pedient.
ART. 2. That the people of this State ought
to have the sole and exclusive right of regu-
lating the internal government and police
thereof.
ART. 3. 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 circum-
stances, 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 Monday of November, eighteen hundred
and fifty, except such as may have since ex-
pired, 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 Caecilius Calvert,
Baron of Baltimore.
ART. 4. That all persons invested with the
legislative or executive powers of government,
are the trustees of the public, and as such ac-
countable for their conduct; wherefore, when-
ever 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 ana oppression is absurd, slavish and
destructive of the good and happiness of man-
kind,
ART. 5. That the right of the people to par-
ticipate in the legislature is the best security
of liberty, and the foundation of all free gov-
ernment; for this purpose elections ought to
be free and frequent, and every free white
male citizen having the qualifications pre-
scribed by the Constitution, ought to have
the right of suffrage.
ART. 6. 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. 7. 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. 8. That freedom of speech and debate
or proceedings in the legislature, ought not to
be impeached in any court of judicature.
ART. 9. That Annapolis be the place for
the meeting of the legislature; and the legis-
lature ought not to be convened or held at
any other place but from evident necessity.
ART. 10, That for the redress of grievances,
and for amending, strengthening and preserv-
ing the laws, the legislature ought to be fre-
quently convened.
ART. 11. That every man hath aright to
petition the legislature for the redress of griev-
ances in a peaceable and orderly manner.
ART. 12. That no aid, charge, tax, burden,
or fees, ought to be rated or levied, under
any pretence, without the consent of the leg-
islature.
ART. 13. That the levying of taxes by the
poll is grievous and oppressive, and ought to
be abolished; that paupers ought not to be
assessed for the support of government, but
every other person in the State, or person
holding property therein, ought to contribute


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 5   View pdf image (33K)
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