Hacker Chronicles 2

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CONSTITUTION OF MARYLAND 1867 DECLARATION OF RIGHTS We the people of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious consideration the best means of establishing a good Constitution in this State for the sure foundation and more permanent security thereof, declare: Art. 1. That all government of right originates from the people, is founded in compact only, and instituted solely for the good of the whole; and they have, at all times, the inalienable right to alter, reform or abolish their Form of Government in such manner as they may deem expedient. Art. 2. The Constitution of the United States, and the laws made, or which shall be made, in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are, and shall be the Supreme Law of the State; and the Judges of this State, and all the People of this State, are, and shall be bound thereby; anything in the Constitution or Law of this State to the contrary notwithstanding. Art. 3. The powers not delegated to the United States by the Consti- tution thereof, nor prohibited by it to the States, are re- served to the States respectively, or to the people thereof. Art. 4. That the People of this State have the sole and exclusive right of regulating the internal government and police thereof, as a free, sovereign and independent State. Art. 5. 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 on the Fourth day of July, seventeen hundred and seventy-six; and which, by experience, have been found applicable to their local and other circum- stances, and have been introduced, used and practiced by the Courts of Law or Equity; and also of all Acts of Assembly in force on the first day of June, eighteen hundred and sixty- seven; except such as may have since expired, or may be in- consistent with the provisions of this Constitution; sub- ject, nevertheless, to the revision of, and amendment or repeal by, the Legislature of this State. And the Inhab- itants of Maryland are also entitled to all property derived to them from, or under the Charter granted by His Majesty Charles the First to Caecilius Calvert, Baron of Baltimore. Art. 6. That all persons vested 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 nonresistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind. Art. 7. That the right of the People to participate in the Legisla- ture 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 white male citizen having the qualifications prescribed by the Constitution, ought to have the right of suffrage. Art. 8. That the Legislative, Executive and Judicial powers of Gov- ernment ought to be forever separate and distinct from each other; and no person exercising the functions of one of said Departments shall assume or discharge the duties of any other. Art. 9. That no power of suspending Laws or the execution of Laws, unless by, or derived from the Legislature, ought to be exercised, or allowed. Art. 10. That freedom of speech and debate, or proceedings in the Legislature, ought to be exercised, or allowed. Art. 11. That Annapolis be the place of meeting of the Legislature; and the Legislature ought not to be convened, or held at any other place but from evident necessity. Art. 12. That for redress of grievances, and for amending, strength- ening and preserving the Laws, the Legislature ought to be frequently convened. Art. 13. That every man hath a right to petition the Legislature for the redress of grievances in a peaceable and orderly manner. Art. 14. That no aid, charge, tax, burthen or fees ought to be rated or levied, under any pretense, without the consent of the Legislature. Art. 15. That the levying of taxes by the poll is grievous and oppressive and ought to be prohibited; that paupers ought not to be assessed for the support of government; that the General Assembly shall, by uniform rules, provide for the separate assessment, classification and subclassification of land, improvements on land and personal property, as it may deem proper; and all taxes thereafter provided to be levied by the State for the support of the general State Govern- ment, and by the Counties and by the City of Baltimore for their respective purposes, shall be uniform within each class or subclass of land, improvements on land and personal property which the respective taxing powers may have direct- ed to be subjected to the tax levy; 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. (Amended 1915 and 1960) 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 committed before the existence of such Laws, and by them only declared criminal, are oppressive, unjust and incompatible with liberty; where- fore, no ex post facto Law ought to be made; nor any retro- spective oath or restriction be imposed, or required. Art. 18. That no Law to attaint particular persons of treason or fel- ony, ought to be made in any case, or at any time, here- after. Art. 19. That every man 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 and 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 pre- pare for his defence; to be allowed counsel; to be confront- ed 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. That no man ought to be taken or imprisoned or disseized of his freehold, liberties or privileges, or outlawed, or ex- iled, or, in any manner, destroyed, or deprived of his life, liberty or property but by the judgement of his peers, or by the Law of the land. Art. 24. That Slavery shall not be reestablished in this State; but having been abolished under the policy and authority of the United States, compensation, in consideration thereof, is due from the United States. Art. 25. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishment 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 for- feiture of estate. Art. 28. That a well regulated militia is the proper and natural de- fence 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 Legis- lature. 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, marines, and marin- ers 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 essen- tial to the impartial administration of Justice, and a great security to the rights and liberties of the People: Where- fore, the Judges shall not be removed, except in the manner, and for the causes provided in this Constitution. No Judge shall hold any other office, civil or military, or political trust, or employment of any kind, whatsoever, under the Con- stitution 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. That a long continuance in the Executive Departments of power or trust is dangerous to liberty; a rotation there- fore, 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. Art. 36. 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 religious 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 religious 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 as a witness, or juror, on account of his religious belief; provided, he believes in the existence of God, and that under His dispen- sation such person will be held morally accountable for his acts, and be rewarded or punished therefor either in this world or in the world to come. Art. 37. That no religious test ought ever to be required as a qual- ification for any office of profit or trust in this State, other than a declaration of belief in the existence of God; nor shall the Legislature prescribe any other oath of office than the oath prescribed by this Constitution. Art. 38. That every gift, sale or devise of land to any Minister, Public Teacher, or Preacher of the Gospel, as such, or to any Religious Sect, Order or Denomination, or to, or for the support, use 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 sale of goods, or chattels to go in succession, or to take place after the death of the Sellor or Donor, to or for such support, use or benefit; and also every devise of goods or chattels to or for the support, use or benefit of any Min- ister, Public Teacher, or Preacher of the Gospel, as such, or any Religious Sect, Order or Denomination, without the prior or subsequent sanction of the Legislature, shall be void, except always, any sale, gift, or lease or devise of any quantity of land, not exceeding five acres, for a church, meeting house, or other house of worship, or parson- age, or for a burying ground, which shall be improved, en- joyed or used only for such purpose; or such sale, gift, or lease or devise shall be void. Provided, however, that ex- cept in so far as the General Assembly shall hereafter by law otherwise enact, the consent of the Legislature shall not be required to any gift, grant, deed, or conveyance executed after the 2nd day of November, 1948, or to any devise or bequest contained in the will of any person dying after said 2nd day of November, 1948, for any of the pur- poses here in above in this Art. mentioned. [amended 1948] Art. 39. That the manner of administering an oath or affirmation to any person, ought to be such as those of the religious persuasion, profession, or denomination, of which he is a member, generally esteem the most effectual confirmation by the attestation of the Divine Being. Art. 40. That the liberty of the press ought to be inviolably pre- served; that every citizen of the State ought to be allowed to speak, write and publish his sentiments on all subjects, being responsible for the abuse of that privilege. Art. 41. That monopolies are odious, contrary to the spirit of a free government and the principles of commerce, and ought not to be suffered. Art. 42. That no title of nobility or hereditary honors ought to be granted in this State. Art. 43. That the Legislature ought to encourage the diffusion of knowledge and virtue, the extension of a judicious system of general education, the promotion of literature, the arts, the sciences, agriculture, commerce and manufactures, and the general amelioration of the condition of the People. The Legislature may provide that land actively devoted to farm or agricultural use shall be accessed on the basis of such use and shall not be assessed as if subdivided. [amended 1960] Art. 44. That the provisions of the Constitution of the United States, and of this State, apply, as well in time of war, as in time of peace; and any departure therefrom, or violation there of, under the plea of necessity, or any other plea, is subversive of good Government, and tends to anarchy and des- potism. Art.45. This enumeration of Rights shall not be construed to impair or deny others retained by the People.