PROCEEDINGS of CONVENTION.
1776.
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 applicable to their local and other circumstances,
and of such others as have been since made in England
or Great-Britain, and have been introduced,
used, and practised by the courts of law or equity; and
also to all acts of assembly in force on
the first of June seventeen hundred and seventy-four,
except such as may have since expired, or have been,
or may be altered by acts of 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 Cæcilius Calvert, baron of Baltimore.
4. That all persons intrusted
with the legislature or executive powers of government, are the trustees
and servants of the public, and as such accountable for
their conduct, wherefore, 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
or nonresistance against arbitrary power and oppression,
is absurd, slavish, and destructive of the good and
happiness of mankind.
5. That the right in the people
to participate in the legislature is the best security of liberty, and
the
foundation of all free government; for this purpose elections
ought to be free and frequent, and every man
having property in, a common interest with, and an attachment
to, the community, ought to have a right
of suffrage.
6. That the legislative, executive,
and judicial powers of government, ought to be for ever separate
and distinct from each other.
7. That no power of suspending
laws, or the execution of laws, unless derived from the legislature,
ought to be exercised or allowed.
8. That freedom of speech, and
debates or proceedings, in the legislature, ought not to be impeached
in any other court or judicature.
9. That a place for the meeting
of the legislature ought to be fixed, the most convenient to the members
thereof, and to the depository of the public records,
and the legislature ought not to be convened or held
at any other place but from evident necessity.
10. That for the redress of
grievances, and for amending, strengthening and preserving, the laws, the
legislature ought to be frequently convened.
11. That every man hath a right
to petition the legislature for the redress of grievances, in a peaceable
and orderly manner.
12. That no aid, charge, tax,
burthen, fee or fees, ought to be set, rated or levied, under any pretence,
without the consent of the legislature.
13. That the levying taxes by
the poll is grievous and oppressive, and ought to be abolished; that
paupers, whose estates do not exceed thirty pounds currency
value, ought not to be assessed for the support
of government, but every other person in the state ought
to contribute his proportion of public taxes for
the support of government according to his actual worth
in real or personal property within this state; yet
fines, duties or taxes, may properly and justly be imposed
or laid with a political view for the good government
and benefit of the community.
14. That sanguinary laws ought
to be avoided, as far as 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.
15. That retrospective laws,
punishing facts committed before the existence of such laws, and by them
only declared criminal, are oppressive, unjust, and incompatible
with liberty; wherefore no ex post facto
law ought to be made.
16. That no law to attaint particular
persons of treason or felony, ought to be made in any case, or at
any time hereafter.
17. That every freeman, for
every injury done to him in his goods, lands or person, 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.
18. That the trial of facts
where they arise, is one of the greatest securities of the lives, liberties,
and
estate of the people.
19. 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 council, 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.
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 only as have
been usually practised in this state.
21. That no freeman ought to
be 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 lawful judgment of his peers, or by the law of the
land.
22. That executive bail ought
not to be required, nor excessive fines imposed, nor cruel or unusual
punishments inflicted by the courts of law.
23. That all warrants without
oath, or affirmation of a person conscientiously scrupulous of taking
an oath, to search suspected places, or to apprehend
all persons suspected, without naming
or describing the place, or any person in special, are
illegal, and ought not to be granted.
24. That there ought to be no
forfeiture of any part of the estate of any person for any crime except
murder, or treason against the state, and then only on
conviction and attainder.
25. That a well regulated militia
is the proper and natural defence of a free government.
26. That standing armies are
dangerous to liberty, and ought not to be raised or kept up without consent
of the legislature.
27. That in all cases and at
all times the military ought to be under strict subordination to, and control
of, the civil power.
28. That no soldier ought to
be quartered in any house in time of peace without the consent of the
owner, and in time of war in such manner only as the
legislature shall direct.
29. That no person except regular
soldiers, mariners and marines, 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.
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