MARYLAND.

A DECLARATION of RIGHTS, and the CONSTITUTION and FORM of GOVERNMENT agreed to by the Delegates of Maryland, in free and full CONVENTION affembled.

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A DECLARATION of RIGHTS, &c.

HE parliament

of Great Britain, by a declaratory act, having affumed a right to make laws to bind the colonies in all cafes whatsoever, and in pursuance of such claim endeavoured by force of arms to subjugate the united colonies to an unconditional fubmiffion to their will and power, and having at length constrained them to declare themselves independent states, and to afsume government under the authority of the people: Therefore, we, the delegates of Maryland, in free and full convention assembled, taking into our most serious confideration the best means of establishing a good constitution in this state, for the sure foundation and more permanent security thereof, declare,

1. That all government of right originates from the people, is founded in compact only, and inftituted folely for the good of the whole.

2. That the people of this state ought to have the sole and exclusive right of regulating the internal government and police thereof.

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 fuch 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 fince made in England, or Great-Britain, and have been introduced, used, and practifed, by the courts of law or equity; and also to all acts of assembly in force on the first of June seventeen hundred and feventy-four, except fuch as may have fince expired, or have been, or may be altered by acts of convention, or this declaration of rights, fubject nevertheless to the revision of, and amendment or repeal by, the legiflature 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 I, to Cæcilius Calvert, baron of Baltimore.

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4. That

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4. That all persons invested with the legislative or executive powers of government are the trustees of the public, and as fuch 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 non-resistance against arbitrary power and oppression, is abfurd, slavish, and destructive of the good and happiness of mankind.

5. That the right in the people to participate in the legiflature 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 attachment to the community, ought to have a right of fuffrage.

cruel and unusual pains and penalties ought to be made in any case, or at any time hereafter.

15. That retrofpective laws, punishing facts committed before the existence of fuch laws, and by them only declared criminal, are oppreffive, unjust, and incompatible with liberty, wherefore no ex poft fatto law ought to be made.

16. That no law to attaint particular persons of treason or fee lony ought to be made in any cafe, or any time hereafter.

17. That every freeman, for any injury done him in his perfon 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 estates of the people. 19. That in all criminal profecutions, 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 witnefles against him, to have process for his witnesses, to examine the witnesles 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 legiflature.

21. That no freeman ought to be taken or imprisoned, or difseised 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 exceffive 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 perfon or property, are grievous and oppreffive; and all general warrants to search suspected places, or to apprehend suspected perfons, without naming or defcribing the place, or the perfon in special, are illegal, and ought not to be granted.

24. That there ought to be no forfeiture of any part of the eftate of any perfon 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

26. That standing armies are dangerous to liberty, and ought

not to be raised or kept without consent of the legiflature.

27. That in all cafes and at all times the military ought to be under strict subordination to, and controul of the civil power.

28. That no foldier 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 foldiers, mariners, and marines in the service of this state, or militia when in actual fervice, 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 judges ought to hold commiffions during good behaviour, and the faid chancellor and judges shall be removed for misbehaviour, on conviction in a court of law, and may be removed by the governor upon the address of the general affembly, provided that two-thirds of all the members of each house concur in such address. That falaries liberal but not profuse ought to be secured to the chancellor and the judges during the continuance of their commissions, in fuch manner and at such times as the legislature shall hereafter direct, upon confideration of the circumstances of this state: No chancellor or judge ought to hold any other office, civil or military, or receive fees or perquifites of any kind.

31. That a long continuance in the first 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.

32. That no perfon ought to hold at the same time more than one office of profit, nor ought any person in public trust to receive any present from any foreign prince or state, or from the united states, or any of them, without the approbation of this ftare.

33. That as it is the duty of every man to worship God in such manner as he thinks most acceptable to him, all perfons profeffing the chriftian religion are equally entitled to protection in their religious liberty; wherefore no person ought by any law to be molested in his person or estate, on account of his religious perfuafion or profession, or for his religious practice, unless under colour of religion, any man shall disturb the good or der, peace, or safety of the state, or shall infringe the laws of morality, or injure others in their natural, civil, or religious rights; nor ought any perfon to be compelled to frequent or maintain, or contribute, unless on contract, to maintain any particular ticular place of worship, or any particular miniftry; yet the legiflature may in their difcretion lay a general and equal tax for the fupport of the christian religion; leaving to each individual the power of appointing the payment over of the money collected from him, to the support of any particular place of worship or minifter, or for the benefit of the poor of his own denomination, or the poor in general of any particular county; but the churches, chapels, glebes, and all other property now belonging to the church of England, ought to remain to the church of England for ever. And all acts of affembly lately paffed for collecting monies for building or repairing particular churches or chapels of ease, shall continue in force and be executed, unless the legiflature shall by act supersede or repeal the fame; but no county court shall affefs any quantity of tobacco or fum of money hereafter, on the application of any vestry-men or church-wardens; and every incumbent of the church of England, who hath remained in his parish, and performed his duty, shall be entitled receive the provision and fupport established by the act, entitled, " An act for the support of the clergy of the church of England in this province," till the November court of this present year, to be held for the county in which his parish shall lie, or partly lie, or for fuch time as he hath remained in his parish and performed his duty.

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34. That every gift, fale, or devise of lands to any minifter, public teacher or preacher of the gospel, as such, or to any religious fect, order, or denomination, or to, or for the fapport, ufe, or benefit of, or in trust for, any minister, public teacher, or preacher of the gospel, as such, or any religious sect, order, or denomination; and every gift or fale of goods or chattels to go in fucceffion, or to take place after the death of the feller or donor, or to or for fuch fupport, use or benefit; and also every devise of goods or chattels to, or for the support, use, or benefit of any minifter, public teacher, or preacher of the gospel, as fuch, or any religious sect, order, or denomination, without the leave of the legislature, shall be void; except always any fale, gift, lease or devise of any quantity of land not exceeding two acres, for a church, meeting, or other house of worship, and for a burying ground, which shall be improved, enjoyed, or used only for fuch purpose, or such sale, gift, lease, or devise, shall be void.

35. That no other test or qualification ought to be required on admiffion to any office of trust or profit, than fuch oath of support and fidelity to this state, and such oath of office as shall be directed by this convention, or the legislature of this state, and a declaration of a belief in the chriftian religion.

36. That the manner of administering an oath to any perfon, ought to be such as those of the religious perfuafion, profeffion,

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