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Maryland Manual, 1989-90
Volume 184, Page 638   View pdf image (33K)
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638/Maryland Manual                                                                                              Declaration of Rights

and personal property which the respective taxing powers
may have directed to be subjected to the tax levy; yet fines,
duties or taxes may properly and justly be in^^d, or laid
with a political view for the good government and benefit
of the community.

Art. 16. 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. 17. That retrospective Laws, punishing acts com-
mitted before the existence of such Laws, and by them only
declared criminal are oppressive, unjust and incompatible
with liberty; wherefore, no ex past facto Law ought to be
made; nor any retrospective oath or restriction be imposed,
or required.

Art. 18. That no Law to attaint particular persons of
treason or felony ought to be made in any case, or at any
time, hereafter.

Art. 19. That every man, for any injury done to him in
his person orproperty, 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. 20. That the trial of facts, where they arise, is one
of the greatest securities of the lives, liberties and estate of
the People.

Art. 21. 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 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. 22. That no man ought to be compelled to give
evidence against himself in a criminal case.

Art. 23.4 In the trial of all criminal cases, the Jury shall
be the Judges of Law, as well as of fact, except that the
Court may pass upon the sufficiency of the evidence to
sustain a conviction.

The right of trial by Jury of all issues of fact in civil
proceedings in the several Courts of Law in this State,
where the amount in controversy exceeds the sum of five
hundred dollars, shall be inviolably preserved.

Art. 24. That no man ought to be taken or imprisoned
or disseized of his freehold, liberties or privileges, or out-
lawed, 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. 25. That excessive bail ought not to be required,
nor excessive fines imposed, nor cruel or unusual punish-
ment inflicted, by the Courts of Law.

Art. 26. 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 persons,
without naming or describing the place, or the person in
special, are illegal, and ought not to be granted.

Art. 27. That no conviction shall work corruption of
blood or forfeiture of estate.

Art. 28. That a well regulated Militia is the proper and
natural defence of a free Government.

Art. 29. That Standing Armies are dangerous to liberty,
and ought not to be raised, or kept up, without the consent
of the Legislature.

Art. 30. That in all cases, and at all times, the military
ought to be under strict subordination to, and control of,
the civil power.

Art. 31. That no soldier shall, in time of peace, be
quartered in any house, without the consent of the owner,
nor in time of war, except in the manner prescribed by Law.

Art. 32. That no person except regular soldiers, ma-
rines, and mariners in the service of this State, or militia,
when in actual service, ought, in any case, to be subject to,
or punishable by Martial Law.

Art. 33. That the independency and uprightness of
Judges are essential to the impartial administration of Jus-
tice, and a great security to the rights and liberties of the
People: Wherefore, the Judges shall not be removed, except
in the manner, and for the causes provided in this Constitu-
tion. No Judge shall hold any other office, civil, or military
or political trust, or employment of any kind, whatsoever
under the Constitution or Laws of this State, or of the
United States, or any of them; or receive fees, or perquisites
of any kind, for the discharge of his official duties.

Art. 34.6 That a long continuance in the Executive
Departments of power or trust is dangerous to liberty; a
rotation, therefore, in those departments is one of the best
securities of permanent freedom.

Art. 35. That no person shall hold, at the same time,
more than one office of profit, created by the Constitution
or Laws of this State; nor shall any person in public trust
receive any present from any foreign Prince or State, or
from the United States, or any of them, without the
approbation of this State. The position of Notary Public
shall not be considered an office of profit within the
meaning of this Article.

Art. 36.8 That as it is the duty of every man to worship
God in such manner as he thinks most acceptable to Him,
all persons are equally entitled to protection in their reli-
gious liberty; wherefore, no person ought by any law to be
molested in his person or estate, on account of his religious
persuasion, or profession, or for his religious practice,
unless, under the color of religion, he shall disturb the good
order, peace or safety of the State, or shall infringe the laws
of morality, or injure others in their natural, civil or reli-
gious rights; nor ought any person to be compelled to
frequent, or maintain, or contribute, unless on contract, to
maintain, any place of worship, or any ministry; nor shall
any person, otherwise competent, be deemed incompetent

4       Amended by Chapter 407, Acts of 1949, ratified Nov. 7,1950; Chapter 789, Acts of 1969, ratified Nov. 3,1970. Transferred
from Article XV, secs. 5 and 6, by Chapter 681, Acts of 1977, ratified Nov. 7,1978.

5       Amended by Chapter 681, Acts of 1977, ratified Nov. 7,1978.

6       Amended by Chapter 681, Acts of 1977, ratified Nov. 7,1978.

7       Amended by Chapter 129, Acts of 1964, ratified Nov. 8,1964.

8       Amended by Chapter 558, Acts of 1970, ratified Nov. 3,1970.

 

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Maryland Manual, 1989-90
Volume 184, Page 638   View pdf image (33K)
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