                          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:

Article  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.

Article  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.

Article  3.     The  powers  not  delegated  to  the  United  States  by  the 
Constitution thereof, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people thereof.

Article 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.

Article 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 circumstances,  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 inconsistent 
with  the  provisions of this Constitution;  subject,  nevertheless,  to  the 
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 Majesty Charles  the  First  to 
Caecilius Calvert, Baron of Baltimore.

Article 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.

Article  7.    That the right of 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 white 
male citizen having the qualifications prescribed by the Constitution,  ought 
to have the right of suffrage.

Article  8.    That  the  Legislative,   Executive  and  Judicial  powers  of 
Government 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.

Article  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.

Article  10.   That  freedom  of speech and debate,  or  proceedings  in  the 
Legislature, ought to be exercised, or allowed.

Article 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.

Article 12.  That for redress of grievances, and for amending,  strengthening 
and preserving the Laws, the Legislature ought to be frequently convened.

Article 13.   That every man hath a right to petition the Legislature for the 
redress of grievances in a peaceable and orderly manner.

Article 14.  That no aid, charge,  tax,  burthen or fees ought to be rated or 
levied, under any pretense, without the consent of the Legislature.

Article 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  Government,  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 directed 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)

Article  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.

Article  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;  wherefore,  no ex post facto Law ought 
to  be  made;  nor  any  retrospective oath or  restriction  be  imposed,  or 
required.

Article 18.   That no Law to attaint particular persons of treason or felony, 
ought to be made in any case, or at any time, hereafter.

Article  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.

Article  20.   That  the  trial of facts,  where they arise,  is one  of  the 
greatest securities of the lives, liberties and estate of the People.

Article 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 prepare for his defence;  to be allowed 
counsel; to be confronted 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.

Article  22.   That  no  man ought to be compelled to give  evidence  against 
himself in a criminal case.

Article 23.   That no man ought to be taken or imprisoned or disseized 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 judgement 
of his peers, or by the Law of the land.

Article  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.

Article  25.   That  excessive bail ought not to be required,  nor  excessive 
fines imposed,  nor cruel and unusual punishment inflicted,  by the courts of 
Law.

Article  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.

Article 27.   That no conviction shall work corruption of blood or forfeiture 
of estate.

Article 28.   That a well regulated militia is the proper and natural defence 
of a free Government.

Article 29.  That Standing Armies are dangerous to liberty,  and ought not to 
be raised, or kept up, without the consent of the Legislature.

Article 30.   That in all cases,  and at all times,  the military ought to be 
under strict subordination to, and control of, the civil power.

Article  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.

Article 32.  That no person except regular soldiers, marines, and mariners 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.

Article 33.  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 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 Constitution 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.

Article 34.  That a long continuance in the 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.

Article  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.

Article  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 
dispensation  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.

Article  37.   That  no  religious  test  ought ever  to  be  required  as  a 
qualification  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.

Article 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  Minister, 
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 parsonage,  or for a burying  ground, 
which shall be improved, enjoyed or used only for such purpose; or such sale, 
gift, or lease or devise shall be void. Provided, however,  that except 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 purposes here in above  in  this  article 
mentioned. [amended 1948]

Article  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.

Article 40.   That the liberty of the press ought to be inviolably preserved; 
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.

Article  41.   That monopolies are odious,  contrary to the spirit of a  free 
government and the principles of commerce, and ought not to be suffered.

Article  42.   That  no  title of nobility or hereditary honors ought  to  be 
granted in this State.

Article  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]

Article  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 
despotism.

Article  45.   This enumeration of Rights shall not be construed to impair or 
deny others retained by the People.
