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Proceedings of the Conventions of the Province of Maryland, 1774-1776
Volume 78, Page 298   View pdf image (33K)
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29g PROCEEDINGS OF THE CONVENTION [1776.

unusual pains and penalties ought to be made, in any case, or at
any time hereafter.

" 15. That retrospective laws, punishing facts 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,

"16. That no law to attaint particular persons of treason or fe-
lony, ought to be made in any case, or at any time hereafter.

" 17. That every freeman for every injury done to him in his
goods, lands, or person, 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, accord-
ing to the law of the land.

" 18. That the trial of facts where they arise, is one of the great-
est securities of the lives, liberties, and estate of the people.

" 19. 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 council, to be confronted with the witnesses
against him, to have process for his witnesses, to examine the wit-
nesses for and against him on oath, and to a speedy trial by an im-
partial jury, without whose unanimous consent he ought not to be
found guilty.

"20. That no man ought to be compelled to give evidence
against himself in a court of common law, or in any other court,
but in such cases only as have been usually practised in this state.

"21. That no freeman ought to be taken, or imprisoned, or dis-
seized of his freehold, liberties or privileges, or outlawed, or exiled,
or in any manner destroyed, or deprived of his life, liberty or pro-
perty, but by the lawful judgment of his peers, or by the law of the
land.

"22. That excessive bail ought not to be required, nor exces-
sive fines imposed, nor cruel or unusual punishments inflicted by
the courts of law.

"23. That all warrants without oath, or affirmation of a person
conscientiously scrupulous of taking an oath, to search suspected
places, or to seize any person, or his property, are grievous and
oppressive; and all general warrants to search suspected places,
or to apprehend all persons suspected, without naming or describ-
ing the place, or any person in special, are illegal, and ought not
to be granted.

" 24. That there ought to be no forfeiture of any part of the es-

 

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Proceedings of the Conventions of the Province of Maryland, 1774-1776
Volume 78, Page 298   View pdf image (33K)
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