MARYLAND.

A

DECLARATION of RIGHTS,

AND THE

CONSTITUTION

AND

FORM of GOVERNMENT

AGREED TO BY THE DELEGATES OF MARYLAND, IN FREE AND FULL CONVENTION ASSEMBLED.

A DECLARATION of RIGHTS, &c.

THE

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 fuch 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 affume government under the authority of the people: therefore, We, the Delegates of Maryland, in free and full Conven

Convention affembled, taking into our most ferious confideration the beft means of eftablishing a good conftitution in this State, for the fure foundation and more permanent fecurity thereof, declare,

I. That all government of right originates from the people, is founded in compact only, and instituted solely for the good of the whole.

II. That the people of this State ought to have the sole and exclufive right of regulating the internal government and police thereof.

III. 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 ftatutes as exifted at the time of their first emigration, and which by experience have been found applicable to their local and other circumstances, and of fuch others as have been fince made in England, or Great-Britain, and have been introduced, ufed, and practifed, by the courts of law or equity; and alfo to all Acts of Affembly 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

revifion

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 Majefty Charles I. to Cæcilius Calvert, Baron of Baltimore.

IV. That all persons invested with the legiflative 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 manifeftly 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-refistance against arbitrary power and oppreffion, is abfurd, flavish, and destructive of the good and happiness of mankind.

V. 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 intereft with, and attachment to, the community, ought to have a right of fuffrage.

VI. That

VI. That the legislative, executive, and judicial powers powers of of government ought to be forever separate and diftinct from each other.

-VII. That no power of fufpending laws, or the execution of laws, unless by, or derived from, the legislature, ought to be exercised or allowed.

VIII. That freedom of speech and debates, or proceedings in the legislature, ought not to be impeached in any other court of judicature.

IX. That a place for the meeting of the legislature ought to be fixed, the most convenient to the Members thereof, and to the depofitory of public records; and the legislature ought not to be convened or held at any other place, but from evident neceffity.

X. That for redrefs of grievances, and for amending, ftrengthening and preserving the laws, the legislature ought to be frequently convened.

XI. That every man hath a right to petition the legislature for the redress of grievances, in a peaceable and orderly manner.

XII. That no aid, charge, tax, fee or fees, ought to be fet, rated, or levied, under any pretence, without confent of the legislature.

XIII. That

XIII. That the levying taxes by the poll is grievous and oppreffive, and ought to be abolished; that paupers ought not to be affeffed for the support of government; but every other perfon in the State ought to contribute his proportion of public taxes for the fupport of government, according to his actual worth in real

or perfonal property within the 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.

XIV. That fanguinary laws ought to be avoided, as far as is confiftent with the safety of the State; and no law to inflict cruel and unufual pains and penalties ought to be made in any cafe, or at any time hereafter.

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

XVI. That no law to attaint particular perfons of treafon or felony ought to be made in any cafe, or at any time hereafter.

XVII. That

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