


                           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.



