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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 538   View pdf image (33K)
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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
ef 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, eigh-
teen 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 Char-
ter granted by His Majesty, Charles the First to Caecilius
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, accountable for their conduct:
Wherefore, whenever the ends of Government are per-
verted, 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 nonresistance against arbi-
trary power and oppression is absurd, slavish and de-
structive of the good and happiness of mankind.
Art. 7. That the right of the People to participate in
fee Legislature is the best security of liberty, and the
foundation of all free Government; for this purpose, elec-
tions ought to be free and frequent; and every white male
Citizen, having the qualifications prescribed by the Con-
stitution, 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 Legis-
lature, ought to be exercised, or allowed.
Art. 10. That freedom of speech and debate, or pro-
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 538   View pdf image (33K)
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