DECLARATION OF RIGHTS
THE CHAIRMAN: The motion is to refer
back to Committee Section 1 of the proposed
draft with instructions to prepare either in a
preamble or in one of the sections, or a com-
bination, the substance of the present Articles
1, 4, 6, and the first clause of Article 7 of the
Declaration of Rights, without provision for
the violent overthrow of the government.
The motion carried 13 to 4.
At the meeting of the Commission on Sep-
tember 20, 1966, the Committee presented a
revised Section 1, based upon the present
Constitution:30
All Government of right originates from
the People and is instituted solely for the
good of the whole.
The People of this State have the sole
and exclusive right of regulating the inter-
36 5 proceedings of the maryland con-
stitutional convention commission 1966,
Meeting of September 20, 1966, at 134 ff
(unpublished papers of the Commission in
enoch pratt free library, university of
maryland library, maryland state li-
brary, johns hopkins university li-
brary).
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nal government and police thereof, as a free,
sovereign and independent State.
The right of the People to participate in
the Legislature is the best security of liberty
and the foundation of all free Government.
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.
Mr. Gentry suggested changing the word
"Legislature" to "Government."
The Committee also submitted the previous-
ly proposed draft as a preferred alternative,
which they deemed "simple, concise and mean-
ingful":
All political power originates in the
people and all government is instituted for
their liberty, security, benefit and protec-
tion.
THE CHAIRMAN: The question arises
on the motion as to whether the official draft
shall include the revised Section 1 or the
Committee draft. A vote "aye" is in favor
of the revised draft.
The motion failed 8 to 15.
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BIBLIOGRAPHY
adams, J., social compact: exemplified
in the constitution of the common-
wealth of massachusetts (Providence:
Knowles & Vose, 1842).
gough, J., the social contract: A criti-
cal study of its development. (Oxford
University Press, 2d ed. 1957).
McLAUGHLIN, A., foundations of ameri-
can constitutionalism. (New York U.,
1932. Fawcett Publications Inc., 1961).
montesquieu, C., l'esprit des Lois (The
Spirit of the Laws) (Librarie Larousse,
first published 1748).
14
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rousseau, J., Du contrat social ou prin-
cipes du droit politique (Of the Social
Contract or Principles of Political Law)
(Gamier Frerer ed. 1962, first published
1762).
social contract (With introduction by Sir
Ernest Barker) (Oxford U. Press, 1962).
Containing:
Hume, D., Of the Original Contract
(1748).
Locke, J., Second Treatise on Civil
Government (1690).
Rousseau, J., Social Contract (1762).
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