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Old Virginia and Her Neighbours. By John Fiske. Houghton,

Mifflin & Co.
George Calvert and Cecilius Calvert. By Wm. Hand Browne.

Makers of America Series. Dodd, Mead & Co.
Maryland as a Proprietary Province. By Newton D. Mereness.

The Macmillan Company.
The Lords Baltimore and the Maryland Palatinate. By Clayton

Colman Hall. John Murphy Co.
Chronicles of Colonial Maryland. By J. Walter Thomas. Cush-

ing & Co.
Captain Richard Ingle. By Edward Ingle. Maryland Historical

Society Fund Publication, No. 19.

Chapter III.

Browne's Maryland.

Fiske's Old Virginia and Her Neighbours.

Browne's George and Cecilius Calvert.

Mereness' Maryland. '^

Hall's The Lords Baltimore.

The Foundation of .Maryland and the Origin of the Act Concern-
ing Religion. By Bradley T. John.son. Maryland Historical
Society Fund Publication, No. 18.



APPENDIX. 311

Chapter IV.
Browne's Maryland.
Mereness' Maryland.

Fiske's Old Virginia and Her Neighbours.
Hall's The Lords Baltimore.
Causes of the Maryland Revolution of 16S9. I5y Francis E.

Sparks. Johns Hopkins University .Studies in Historical and

Political Science. Vol. XIV.

Chapter V.
Browne's Maryland.

Fiske's Old Virginia and Her Neighbours.
Mereness' Maryland.
Men, Women and Manners in Colonial Times. By Sidney G.

Fisher. J. B. Lippincott Company.
Home Life in Colonial Days. By Alice M. Karle The Macmil-

lan Company.
Child Life in Colonial Days. By Alice M. Earle. The Macmillan

Company.
More Colonial Homesteads and their Stories. By Marion Har-

land. G. P. Putnam's Sons.
Some Colonial Mansions. Edited by Tliomas A. Glenn. Second

series. H. T. Coates & Co.
Historic Towns of the Southern States. Edited by Lyman P.

Powell. G. P. Putnam's Sons.
The Germans in Colonial Times. By Lucy F. Bittenger. J. B.

Lippincott Company.

Chapter VI.

The American Revolution. By John Fiske. Houghton, Mifflin & Co.
Browne's Maryland.
Mereness' Maryland.

Life of Charles Carroll of CarrolUon. By Kate M. Rowland.
G. P. Putnam's Sons.

Chapter VII.

Fiske's American Revolution.

Maryland and North Carolina in the Campaign of 17S0-1781. By

E. G. Daves. Maryland Historical Society Fund Publication,

No. 33.



312 APPENDIX.

Chapter VIII.

The Critical Period of American History. By John Fiske.
Houghton, Mifflin & Co.

Maryland's Influence Upon Land Cessions to the United States.
By Herbert B. Adams. Johns Hopkins University Studies in
Historical and Political Science. 'Pliird .series, No. i.

Chapter X.

Domestic Manners of the Americans. By Mrs. Trollope.
The Western World ; or, Travels in the United States in 1.S46-
1847. By Alexander Mackay.

• Chapter XI.

The Negro in Maryland. By Jeffrey R. Brackett. Johns }]oy-
kins University Studies in Historical and Political Science.

Division and Reunion, By Woodrow Wilson. l-Lpochs of Ameri
can History Series. Longmans, Green ^^ Co.

Chapter XI I.

Wilson's Division and Reunion,

The Maryland Constitution of 1S64. By William S. Myers.

Johns Hopkins University Studies in Historical .ind Political

Science.

Chapter XIV.

Institutions and Civil Government of Maryland. By ]5ernard C.
Steiner. (linn i^v: Co.

Chai'TER XV.

History of Education in Maryland. 15y Bernard C, Steiner,
United States Bureau of Education,

Chapter XVL

Maryland As It Is. Published by the Board of Public Works.

Maryland : Its Resources, Industries and Institutions. ICdited by
Members of the Johns Hopkins University and others. Pub-
lished by the State.



APPENDIX. ."K;

In addition to the foregonig the following works may be con-
sulted to advantage :
History of iMaryhmd. By J. Thomas Scharf. J. B. Pict. This

work covers the history of Maryland from its foundation to

the year 1880.
A History of tlie People of the United States from the Revolution

to the Civil War. By John B. Macmaster. I). Applcton

&Co.
Winsor's Narrative and Critical History of America. \'()1. \'.

pp. 259-284, treats of Maryland and Virginia.
Chronicles of Baltimore. By J. Thomas Scharf.
Appleton's Annual Cyclopedia, D. Appleton & Co.
The Sun Almanac. Publishei by the Baltimore Sun.

Fiction.

Rob of the Bowl. By John V. Kennedy. O. P. Putnam's Sons.

Time of tiie Second Lord Baltimore.
Richard Carvel. By 'Winston Churchill. The Macmillan Com-
pany. Time of the Revolution.
Mistress Brent. By Lucy M. Thruston. Little, Brown & Co.

Time, 1638.
The Tower of Wye. By William H. Babcock. 11. T. Coates ."t

Co. Time of Claiborne,
Sir Christopher: A Romance of a Maryland Manor in 1644.

By Maud W. Goodwin. Little, Brown & Co.
A Maryland Manor. By Frederick Emory. F. A. Stokes ^^ Co.

Time about that of the Civil War.
Kent Fort Manor. By William H. Babcock. II. T. Coates ..K:

Co. Time, 1S62.
Jack and His Island. By Lucy M. Thruston. Little, Brown vS:

Co. Time of the War of 1S12.



CONSTITUTION OF MARYLAND.



CONSTITUTION OF MARYLAND,

ADOPTED BY THE CONVENTION,

WHICH ASSEMBLED AT THE CITY OF ANNAPOLIS, ON THE EIGHTH DAY OF MAY,

EIGHTEEN HUNDRED AND SIXTY-SEVEN, AND ADJOURNED ON THE

SEVENTEENTH DAY OF AUGUST. EIGHTEEN

HUNDRED AND SIXTY-SEVEN.



DECLARATION OF RIGHTS.

IP'e, 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
tneans of establishing a good Constitution in this State for the sure founda-
tion 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.

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 1,'nited 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 Con-
stitution 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 reserved 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 th*; internal government and police thereof, as a free, sover-
eign and independent State.

ART. 6. 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 e-xisted on the fourth
day of July, 1776; 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, 1867; except such as may have since

317



318 DECLARATION OF RIGHTS

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 en-
titled to all property derived to them from, or under the Charter granted
by His Majesty Charles I. to Cecilius Calvert, Baron of Baltimore.

ART. 6. That all persons invested with the legislative or executive
powers of government are the trustees of the public; and, as such, ac-
countable 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-resist-
ance against arbitrary power and oppression is absurd, slavish and de-
structive of the good and happiness of mankind.

ART. 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 *
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 govern-
ment 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 not to be impeached in any court of judicature.

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, strengthen-
ing and preserving the laws, the Legislature ought to be frequently con-
vened.

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 pretence, without the consent of the Legislature.

ART. 15. That the levying of taxes by the poll is grievous and oppres-
sive, and ought to be prohibited; that paupers ought not to be assessed
for the support of the Government; but every person in the State, or per-
son holding property therein, ought to contribute his proportion of public
taxes for the support of the Government, according to his actual worth in
real or personal property; 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.



•The word "white," omitted under the 15th Amendment to the Con-
stitution of the United States.



DECLARATION OF RIGHTS :510

ART. 16. That sanguinary laws ouRht to be avoided as far as it is con-
sistent 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, here-
after.

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

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

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 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 indict-
ment, 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 unani-
mous 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 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.

ART. 24. That slavery shall not be re-established 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 or unusual punishment inflicted, by the courts of
law.

ART. 26. That all warrants, without oath or affirmation, to search sus-
pected places, or to seize any person or property, are grievous and oppres-
sive; 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 rai':rd, or kept up, without the consent of the Legislature.



:320 DECLARATION OF RIGHTS

ART. 30. That in all cases, and at all times, the military ought to be
under strict subordination to, and control oi, 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 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.

ART. 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.

ART. 34. That a long continuance in the executive departments ot
power or trust is dangerous to liberty; a rotation therefore, in those depart-
ments 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 approba-
tion 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 en-
titled 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 com-
petent, 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 the
world to come.

ART. 37. That no religious test ought ever to be required as a quali-
fication for any office of profit or trust in this State, other than a declara-
tion 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



DECLARATION OF RIGHTS -m

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 seller
cr 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 piior, or subsequent sanction of the
Legislature, shall be void; except always, any sale, gift, 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, wluth
shall be improved, enjoyed, or used only for such purpose; or such sale,
gift, lease, or devise shall be void.

ART. 39. That the manner of administering an oath or affirmation to
any person, ought to be such as those of the religious persuasion, profes-
sion, 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 preserved;
that every citizen of the State ought to be allowed to speak, write and pub-
lish 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 o( commerce, and ought not to be suffered.

Al\'r. 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, sciences, agriculture, com-
merce and manufactures, and the general melioration of the condition
of the people.

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 thereof, under the plea of necessity,
or any other plea, is subversive of good government, and fends to anarchy
and despotism.

ART. 45. This enumeration of rights shall not be construed to impair or
deny others retained by the people.



?.22 CONSTITUTION OF THE



CONSTITUTION.



ARTICLE I.

ELECTIVE FRANCHISE.

SECTION 1. All elections shall be by ballot; and every male citizen of
the United States, of the age of twenty-one years, or upwards, who has
been a resident of the State for one year, and of the legislative district of
Baltimore City, or of the county, in which he may offer to vote, for six
months next preceding the election, shall be entitled to vote, in the ward or
election district, in which he resides, at all elections hereafter to be held in
this State; and in case any county, or city, shall be so divided as to form
portions of different electoral districts, for the election of Representatives in
Congress, Senators, Delegates, or other officers, then, to entitle a person to
vote for such officer, he must have been a resident of that part of the county,
or city, which shall form a part of the electoral district, in which he offers to
vote, for six months next preceding the election; but a person, who shall
have acquired a residence in such county, or city, entitling him to vote at
any such election, shall be entitled to vote in the election district from which
he removed, until he shall have acquired a residence in the part of the
county, or city, to which he has removed.

SEC. 2. No person above the age of twenty-one years, convicted of lar-
ceny, or other infamous crime, unless pardoned by the Governor, shall ever
thereafter be entitled to vote at any election in this State; and no person
under guardianship, as a lunatic, or, as a person non compos meitlis, shall be
entitled to vote.

SEC. 3. If any person shall give, or offer to give, directly or indirectly,
any bribe, present, or reward, or any promise, or any security for the pay-
ment, or the delivery of money, or any other thing, to induce any voter to
refrain from casting his vote, or to prevent him, in any way, from voting, or
to procure a vote for any candidate, or person proposed, or voted for, as
Elector of President and Vice-President of the United States, or Repre-
sentative in Congress, or for any office of profit or trust, created by the
Constitution or laws of this State, or by the ordinances, or authority of
the Mayor and City Council of Baltimore, the person giving, or offering
to give, and the person receiving the same, and any person, who gives, or
causes to be given, an illegal vote, knowing it to be such, at any election
to be hereafter heid in this State, shall, on conviction in a court of law,
in addition to the penalties now, or hereafter to be, imposed by law, be for-



STATE OF MARYLAND 323

CTcr disqualified to hold any office of profit or trust, or to vote at any elec-
tion thereafter.

SEC. 4. It shall be the duty of the General Assembly to pass laws to
punish, with fine and imprisonment, any person, who shall remove into any
election district, or precinct of any ward of the city of Baltimore, not for
the purpose of acquiring a bona fide residence therein, but for the purpose
of voting at an approaching election, or, who shall vote in any election dis-
trict, or ward, in which he does not reside (except in the case provided for
in this article), or shall, at the same election, vote in more than one election
district, or precinct, or shall vote, or ofTer to vote, in any name not his
own, or in place of any other person of the same name, or shall vote in
any county, in which he does not reside.

SEC. 5. The General Assembly shall provide by law for a uniform regis-
tration of the names of all the voters in this State, who possess the qualifi-
cations prescribed in this Article, which registration shall be conclusive
evidence to the judges of election of the right of every person, thus regis-
tered, to vote at any election thereafter held in this State; but no person
shall vote at any election. Federal or State, hereafter to be held in
this State, or at any municipal election in the city of Baltimore, unless
his name appears in the list of registered voters; and until the Gen-
eral Assembly shall hereafter pass an Act for the registration of the names
of voters, the law in force on the first day of June, in the year 1867,
in reference thereto, shall be continued in force, except so far as it may be
inconsistent with the provisions of this Constitution; and the registry of
voters, made in pursuance thereof, may be corrected, as provided in said
law; but the names of all persons shall be added to the list of qualified
voters by the officers of registration, who have the qualifications prescribed
in the first section of this Article, and who are not disqualified under the
provisions of the second and third sections thereof.

SEC. 6. Every person elected, or appointed, to any office of profit or
trust, under this Constitution, or under the laws made pursuant thereto,
shall, before he enters upon the duties of such office, take and subscribe the

following oath or affirmation: I, , do swear (or affirm, as the case

may be), that I will support the Constitution of the United States; and that
I will be faithful and bear true allegiance to the State of Maryland, and
support the Constitution and Laws thereof; and that I will, to the best of
my skill and judgment, diligently and faithfully, without partiality or preju-
dice, execute the office of , according to the Constitution and laws of

this State, (and, if a Governor, Senator, Member of the House of Delegates,
or Judge,) that I will not directly or indirectly, receive the profits or any
part of the profits, of any other office during the term of my acting



SEC. 7. Every person, hereafter elected, or appointed, to office, in this
State, who shall refuse, or neglect, to take the oath, or affirmation of office,
provided for in the sixth section of this Article, shall be considered as hav-
ing refused to accept the said office; and a new election, or appointment,
shall be made, as in case of refusal to accept, or resignation of an office;


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Online LibraryL[eonard] Magruder PassanoHistory of Maryland → online text (page 17 of 23)