1776.
PROCEEDINGS of CONVENTION.
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 invested with the legislative
or executive powers of government, are the trustees
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
of nonresistence 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 by or 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 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 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.
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 witness 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 as have been usually practised
in this state, or may hereafter
be directed by the legislature.
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 judgment of his peers, or by the law of the land.
22. That excessive 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,
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.
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 not to be raised or kept up without consent
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.
30. That the independency and uprightness of judges
are essential to the impartial administration of
justice, and a great security to the rights and liberties of the people;
wherefore the chancellor, and all
judges, ought to hold commissions during good behaviour, and the said chancellor
and judges shall be removed
for misbehaviour on conviction in a court of law, and may be removed by
the governor, upon
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