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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 80   View pdf image (33K)
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80
Art. 6, That the right of the people to par-
ticipate in the Legislature is the best security
of liberty and the foundation of all free Gov-
ernment; fur this purpose elections ought to
be free and frequent, and every free white male
citizen having the qualifications prescribed
by the Constitution ought to have the right of
suffrage.
Art. 7. 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. 8. 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. 9. That freedom of speech and debate
or proceedings in the Legislature ought not to
be impeached in any court of judicature.
Art. 10. That Annapolis be the place for
the meeting of the Legislature, and the Leg-
islature ought not to be convened or held at
any other place but from evident necessity.
Art. 11. That for the redress of grievances,
and for amending, strengthening and preserv-
ing the laws, the Legislature ought to be
frequently convened.
Art. 12. That every man bath a right to
petition the Legislature for the redress of
grievances, in a peaceable and orderly manner.
Art. 13. That no aid, charge, tax, burthen
or fees ought to be rated or levied, under any
pretence, without the consent of the Legisla-
ture.
Art. 14. That the levying of taxes by the
poll is grievous and oppressive, and ought to
be abolished; that paupers ought not to be
assessed for the support of the Government,
but every other person in the State, or person
holding property 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 and justly be imposed
or laid on persons or property, with a politi-
cal view, for the good government and benefit
of the community.
Art. 15, 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. 16. That retrospective laws, punish-
ing acts committed before the existence of
such laws, and by them only declared crimi-
nal, are oppressive, unjust and incompatible
with liberty , wherefore, no ex post facto law
ought to be made.
Art. 17. That no law to attain particular
persons of treason or felony ought to be made
in any case, or at any time hereafter.
Art. 18. 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. 19. That the trial of facts where they
arise is one of the greatest securities of the
lives, liberties, and estate of the people.
Art. 20. 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
counsel , to be confronted with the witnesses
against him; to have process for his witness-
es; to examine the witnesses for and against
him on oath; and to a speedy trial by an im-
partial jury, without whose unanimous con-
sent he ought not to be found guilty,
Art. 21. That no man ought to be compelled
to give evidence against himself in a crim-
inal case.
Art. 22. That no man ought to he taken
or imprisoned, or disseized of his freehold,
liberties or privileges, or outlawed, or exiled,
or in any manner destroyed, or deprived of
his life, liberty or property, but by the judg-
ment of his peers, or by the law of the land.
Art. 23. That hereafter, in this State,
there shall be neither slavery, nor involun-
tary servitude except in punishment of crime
whereof the party shall have been duly con-
victed; and all persons held to service or
labor as slaves are hereby declared free.
Art. 24. That excessive bail ought not to
be required, nor excessive fines imposed, nor
cruel or unusual punishment inflicted by the
courts of law.
Art. 25. 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 sus-
pected persons without naming or describing
the place, or the person in special, are illegal
and ought not to be granted.
Art. 26. That no conviction shall work
corruption of blood, or forfeiture of estate.
Art. 27. That a well regulated militia is
the proper and natural defence of a free gov-
ernment.
Art. 28. That standing armies are danger-
ous to liberty, and ought not to be raised or
kept up without the consent of the Legis-
lature.
Art. 29. That in all cases, and at all times,
the military ought to be under strict subordi-
nation to and control of the civil power.
Art. 30. That no soldier shall in time of
peace be quartered in any house without the
consent of the owner, nor in time of war ex-
cept in the manner prescribed by law.
Art. 31. That no person, except regular
soldiers, mariners, and marines, in the ser-
vice of this State, or militia when in actual
service, ought in any case be subject to, or
punishable by martial law.


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 80   View pdf image (33K)
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