REVISED CODE OF MARYLAND.

Declaration of Rights.

Md. 512.

We, the People of the State of Maryland, grateful to Almighty God for our civil Preamble. 28 Md. 244; 23 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:

Origin and

is foundation of Right of reform.

government.

ARTICLE 1. That all government of right originates from the people, 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.

3 Bl. 95; 7 Md. 147; 1861, res. 14. Constitution of

U.S.

Supreme law.

6 H. & J. 203; 4 & J. 1; 3 G.

14; 5 G. 56, 426; 6 G. 200; 2 Md. 457.

ART. 3. The powers not delegated to the United States by the Constitution Powers thereof, nor prohibited by it to the States, are reserved to the States respec- reserved. tively, or to the people thereof.

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

statutes.

ART. 5. That the inhabitants of Maryland are entitled to the common law Common law. of England, and the trial by jury, according to the course of that law, and to Trial by jury. the benefit of such of the English statutes as existed on the fourth day of July, English seventeen hundred and seventy-six; and which, by experience, have been found 28 Md. 370. 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 As- Acts of Assembly. sembly 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 pro- Charter of the visions of this Constitution; subject, nevertheless, to the revision of, and amend- 5 H. & J. 401; 2 ment or repeal by, the legislature of this State. And the inhabitants of Mary- G. & J. 254; 6 G. land 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 Balti

more.

ART. 6. 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 pub

State.

& J. 205; 5 G. 45;

2

Md. 429; 7 Md. 135, 416,500; 16

Md. 549, 539; 15 Md. 548; 1852, c. 60, 275; 1856, c.

220.

Right of

reform.

Right of suffrage.

18 Md. 479.

Separation of the departments of government.

5 H. & J. 304; 1

G. & J. 463; 1. G.

Suspension of laws.

Freedom of speech.

Seat of govern

ment.

Meeting of legislature.

Right of petition.

Levying of

taxes.

Poll taxes oppressive.

Paupers not to be taxed. Taxation according to actual worth. Fines, etc.

lic 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. 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.

66: 2 G. 147; 8 G. 141; 2 Md. 341, 429; 4 Md. 189; 9 Md. 526; 10 Md. 478; 15 Md. 376; 18 Md. 193; 22 Md. 183; 4 Md. Ch. 349; 37 Md. 65.

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.

ART. 11. That Annapolis be 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 Md. 22: 40 Md. political view for the good government and benefit of the community.

45 Md. 361; 44 Md. 131; 40

273; 28 Md. 577; 3 H. & McH. 169; 12 G. & J. 117; 1 G. 302; 11. 2 G. 11, 244, 254, 487; 3 G. 14; 6 G. 290; 1 Md. 368; 7 Md. 1; 12 Md. 195; 18 Md. 1, 451; 20 Md. 516.

Sanguinary laws.

Retrospective

laws.

2 H. & J. 41; 4

G. & J. 1; 12 G. & J. 399; 2 G. 79;

9 G. 302; 1 Md. Ch. 66; 8 Md. Attainder.

Right to have justice.

2 Md. 452.

Trial of facts where they arise.

Criminal prosecutions.

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 ex post facto law ought to be made; nor any retrospective oath or restriction be imposed or required.

551; 10 Md. 129; 12 Md. 195; 19 Md. 351.

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 Copy of indict charge, in due time (if required) to prepare for his defence; to be allowed

39 Md. 355.

ment.

counsel; to be confronted with the witnesses against him; to have process for Counsel and 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.

witnesses. Trial by jury. 12 Md. 514. ART. 22. That no man ought to be compelled to give evidence against him- against oneself. self in a criminal case.

de

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, stroyed or deprived of his life, liberty, or property, but by the judgment of his peers, or by the law of the land.

Evidence

3 G. 323;
7 Md. 416.

Freemen not to
be imprisoned.
2 Md. 429.

41 Md. 633; 31

Md. 329; 27 Md. 452.

ished.

ART. 24. That slavery shall not be re-established in this State; but having Slavery abolbeen abolished, under the policy and authority of the United States, compen- 1967, c. 189. sation, in consideration thereof, is due from the United States.

23 Md. 503.

ART. 25. That excessive bail ought not to be required, nor excessive fines im- Bail, fines, etc. posed, nor cruel or unusual punishment inflicted, by the courts of law.

rants.

ART. 26. That all warrants, without oath or affirmation, to search suspected Search warplaces, 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 Corruption of

estate.

blood and forfeiture.

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

ART. 29. That standing armies are dangerous to liberty, and ought not to be Standing raised, or kept up, without the consent of the legislature.

armies.

ART. 30. That in all cases, and at all times, the military ought to be under Military subject strict subordination to, and control of, the civil power. to civil power. ART. 31. That no soldier shall, in time of peace, be quartered in any house, Quartering of 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, 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.

soldiers.

Martial law.

ART. 33. That the independency and uprightness of judges are essential to Judges. the 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 14 Md. 215. 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 1 Md. 368. 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 Rotation in or trust is dangerous to liberty; a rotation, therefore, in those departments is office. one of the best securities of permanent freedom.

23 Md. 512.

ART. 35. That no person shall hold, at the same time, more than one office Holding offices. 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 Presents. 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 Religious libas he thinks most acceptable to Him, all persons are equally entitled to protec- erty. tion in their religious liberty; wherefore, no person ought by any law to be molested in his person or estate, on account of his religious 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

Witnesses.

Oath of office.

Disqualification

of ministers and religious bodies from holding certain property.

33 Md. 454; 28 Md. 339; 3 Md. 119; 1 Bl. 529.

Administering

oaths.

Liberty of the press.

Monopolies.

31 Md. 346.

Titles of nobility.

Duties of the legislature.

Constitutions apply in war and peace.

Rights retained by the people.

2 Bl. 99, 209.

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 depart. ure 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.