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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 141   View pdf image
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141

Art. 2. That the people of this State ought to
have the sole and exclusive right of regulating
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 at the time of their first emigration
and which by experience have been found appli-
cable to their local and other circumstances, anc
of such others as have been since made in Eng-
land or Great Britain, and have been introduced,
used and practiced by the courts of law or equi-
ty, and also to all acts of assembly in force on
the first Monday of November, 1850, except such
as may have since expired, or may be altered by
acts of this Convention, or this Declaration of
Rights, 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 Cecilius Calvert, Baron of
Baltimore.
Art. 4, That all persons invested with the Leg-
islative or Executive powers of Government, are
the trustees of the public, aud as such, accounta-
ble for their conduct; wherefore, whenever the
ends of Government are preverted, 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 and oppression is absurd,
slavish and destructive of the good and -happiness
of mankind.
Art. 5. That the right of the people to partici-
pate in the Legislature is the best security
of liberty, and the foundation of all free govern-
ment, for this purpose elections ought to be free
and frequent, and every free white male citizen
having the qualifications prescribed by the Con-
stitution, ought to have the right oi suffrage.
Art. 6. That the legislative, executive and judi-
cial powers of Government ought to be forever
separate and distinct from each 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 al-
lowed.
Art. 8. That freedom of speech and debates,
or proceedings in the Legislature, ought not to
be impeached in any court of judicature.
Art. 9. That Annapolis he the place for the
meeting of the Legislature; and the Legislature
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 preserving
the laws, the Legislature ought to be frequently
convened.
Art. 11. That every man hath a right to peti-
tion the Legislature for the redress of grievances
in a peaceable and orderly manner.
Art. 12. That no aid, charge, tax, burther, fee
or fees, ought to be set, rated or levied, under
any pretence, without the consent of the Legis-
lature.

Art. 13. That paupers ought not to be as-
sessed for the support of Government, but every
other person in this State, or person holding pro-
perty therein, ought to contribute his proportion
of public taxes, for the support of Government,
according to his actual worth in real or personal
property; yet fines, duties or taxes may properly
aud justly be imposed or laid, on persons or pro-
perty, with a political view, for the good govern-
ment and benefit of the community.
Art. 14. That sanguinary Jaws ought to be
avoided, as far as is consistent with the safety of
the State; and no law to inflict cruel and unusu-
al pains and penalties ought to be made, in any
case, or at any time hereafter.
Art. 15. That retrospective laws, punishing
acts committed before the existence of such laws,
and by them only declared criminal, are oppres-
sive, unjust and incompatible with liberty, where-
fore, no ex post facto law ought to be made.
Art. 16. That no law to attaint particular per-
sons of treason or felony, ought to be made in any
case, or at any time hereafter.
Art. 17. That every free 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 with-
out sale, fully without any denial, and speedily
without delay, according to the law of the land.
Art. 18. That the trial of facts where they
arise, is one of the greatest securities of the lives,
liberties and estate of the people.
Art. 19. That in all criminal prosecutions,
every man hath a right to be informed of the ac-
cusation against him; to have a copy of the in-
dictment 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. 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 as have been usually practised in this State
or may hereafter be directed by the Legisla-
ture.
Art. 21. That no freeman ought to be taken
or imprisoned, or disseized of bis freehold, liber-
ties 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. 22. That excessive bail ought not to be
required, nor excessive fines imposed, nor cruel
or unusual punishment inflicted by the courts of
law.

Art. 23. 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 per-
sons, without naming or describing the place, or
the person in special, are illegal and ought not to
be granted.