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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 3   View pdf image
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DECLARATION OF RIGHTS

We, the People of the State of Maryland, grate-
ful to Almighty God for our civil and religi-
ous 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 ;
Art. 1. That all government of right origi-
nates 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 Government, in such manner as
they may deem expedient.
Art, 2. That the people of this State ought
to have the sole and exclusive right of regulat-
ing 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 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 Monday of No-
vember, eighteen hundred and fifty, except such
as may have since expired, 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 de-
rived 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; whenever 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 and oppression is ab-

surd, slavish and destructive of the good and
happiness of mankind.
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 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 of suffrage.
Art. 6. That the legislative, executive and
judicial powers of government ought to be for
ever separate and distinct from each other; and
no person exercising the functions of one of said
departments shall assume or discharge the du-
ties 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 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 pe-
tition the Legislature for the redress of grievances
in a peaceable and orderly manner.
Art. 12. That no aid, charge, tax, burthen,
or fees, ought to be rated or levied, under any
pretence, without, the consent of the Legislature.
Art. 13. That the levying of taxes by the poll
is grievous and oppressive and ought to be abol-
ished: that paupers ought not to he assessed for
the support of government, but every other per-
son in the State, or person holding property
therein, ought to contribute his proportion of
public taxes, for the support of government, ac-
cording to his actual worth in real or personal
properly; yet fines, duties or taxes may properly
and justly be imposed or laid, on persons or pro-
perty, with a political view, for the good govern-
ment and benefit of the community.



 
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Proceedings and Debates of the 1850 Constitutional Convention
Volume 101, Volume 1, Debates 3   View pdf image
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