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The Constitution of the State of Maryland, 1864
Volume 666, Page 79   View pdf image (33K)
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APPENDIX.

I append to this Edition of the Declaration of Rights and the Constitution
of the State of Maryland, a brief Commentary shewing some of the principal
changes which have been made in them. This labor has been undertaken with
the hope of rendering this Edition more useful to the People, by noting those
changes particularly, and thus giving at a glance a short history of their form
of Government. It enlightens them as to their rights and duties, and inspires
them with a proper zeal to defend the one and fulfil the other.

An investigation into the causes of them, is necessary to a perfect under-
standing of those changes; but I have not here space for such a work. Those
who wish to look more deeply into the matter, are referred to the Histories
of the State and to the Debates in the Constitutional Conventions.

THE DECLARATION OF EIGHTS.

This Declaration, consisting principally of immutable principles of govern-
ment, has not been much altered.

The most important changes are the insertion of articles abolishing slavery,
and declaring paramount allegiance to the Constitution and Government of the
United States.

Article 1. Is entirely new.

In Art. 2, the words "according to the mode prescribed in this Consti-
tution," which were inserted in 1851, have been omitted,�leaving the decla-
ration of the right of the people, at all times, to alter their form of government,
"in such manner as they may deem expedient," entirely unrestricted as to the
mode of its exercise.

Art. 5. Is entirely new.

Art. 7. Remains as in 1851. The right of suffrage was formerly restricted
to those having property.

In Art. 15, the words "on persons or property" with reference to the im-
position of taxes which were inserted in 1851, have been omitted.

Art. 22. Has limited the declaration against compulsory evidence to criminal
cases, in order to conform to the law as it now stands in the Code, by which
any party may in any civil case be compelled in a Court of Common Law, as
well as in Equity, to give evidence against himself.

Art. 23. Omits the word "free," obviously to conform to the change made
by the insertion of Article 24, which is entirety new. The proviso also about
the colored population which was inserted in 1851, is omitted.

Art. 27. Is changed so as to allow forfeiture of estate for treason, which it
would seem was not heretofore allowable in this State for any cause.

Art. 31. Changes the phraseology in regard to quartering soldiers in time of
war, providing that the manner shall be "prescribed by law," the words before
being "as the Legislature may direct."
6

 

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The Constitution of the State of Maryland, 1864
Volume 666, Page 79   View pdf image (33K)
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