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fully without any denial, and speedily without delay, according to the law of the land.
18. That the trial of facts where they arise, is one of the greatest securities of the lives, liberties, and estate of the people.
19. 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.
20. That no man ought to be compelled to give evidence against himself in a court of common law, or in any other court, but in such cases as have been usually practised in this State, or may hereafter be directed by the Legislature.
21. That no free 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; provided, that nothing in this article shall be so construed as to prevent the Legislature from passing all such laws for the government, regulation and disposition of the free colored population of this State as they may deem necessary.
22. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted by the courts of law.
23. 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.
24. That no conviction shall work corruption of blood, or forfeiture of estate.
25. That a well regulated militia is the proper and natural defence of a free
government. 20. That standing armies are dangerous to liberty, and ought not to be raised or kept up without consent of the Legislature.
27. That in all cases and at all times the military ought to be under strict subordination to, and control of, the civil power.
28. That no soldier ought to be quartered in any house in time of peace without the consent of the owner, and in time of war in such manner only as the Legislature shall direct.
29. That no person, except regular soldiers, mariners, and marines, 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.
30. 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 for misbehaviour, on conviction in a court of law, or by the governor, upon the address of the General Assembly; provided, that two-thirds of all the members of each house concur in such address. 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.
31. 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.
32. That no person ought to hold at the same time more than one office of profit, created by the constitution or laws of this State; nor ought any person in public trust to receive any present from any foreign prince, or State, or from the United States, or any of them, without the approbation of this State.
33. 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 color of religion any man 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 be deemed incompetent as a witness or juror who believes in the existence of a 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.
34. That no other test or qualification ought to be required, on admission to any office of trust or profit, than such oath of office as may be prescribed by this Constitution, or by the laws of the State, and a declaration of belief in the Christian religion; and if the party shall profess to be a Jew, the declaration shall be of his belief in a future state of rewards and punishments.
35. 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 seller 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 leave 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, which shall be improved, enjoyed or used only for such purpose; or such sale, gift, lease or devise shall be void.
36. 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.
37. That the city of Annapolis ought to have all its rights, privileges and benefits, agreeably to its charter, and the acts of Assembly confirming and regulating the same; subject to such alterations as have been or as may be made by the Legislature.
38. That the liberty of the press ought to be inviolably preserved.
39. That monopolies are odious, contrary to the spirit of a free government and the principles of commerce, and ought not to be suffered.
40. That no title of nobility or hereditary honors ought to be granted in this State.
41. That the Legislature ought to encourage the diffusion of knowledge and virtue, the promotion of literature, the arts, sciences, agriculture, commerce and manufactures, and the general melioration of the condition of the people.
42. This enumeration of rights shall not be construed to impair or deny others retained by the people.
43. That this Constitution shall not be altered, changed or abolished, except in the manner therein prescribed and directed.
ARTICLE. I.-Elective Franchise. Sec. 1. Every free white male person, of twenty-one years of age or upwards, who shall have been one year next preceding the election a resident of the State, and for six months a resident of the city of Baltimore, or of any county in which he may offer to vote, and being at the time of the election a citizen of the United States, shall be entitled to vote in the ward or election district in which he resides, in all elections hereafter to be held; and at all such elections the vote shall be taken by ballot. And in case any county or city shall be so divided as to form portions of different electoral districts for the election of Congressmen, Senator, delegate, or other officer or 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.
2. That 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 payment or delivery of money or any other thing, to induce any voter to refrain from casting his vote, or forcibly to prevent him in any way from voting, or to obtain or procure a vote for any candidate or person proposed or voted for, as elector of President and Vice-President of the United States, or Representative 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 so, at any election to be hereafter held 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 forever disqualified to hold any office of profit or trust, or to vote at any election thereafter.
3. It shall be the duty of the General Assembly of Maryland to pass laws to punish with fine and imprisonment any person who shall remove into any election district or ward of the city of Baltimore, not for the purpose of acquiring a bona fide residence therein, but for the purpose of voting therein at an approaching election, or who shall vote in any election district or ward in which he does not reside (except in the case provided for in the first article of the Constitution), or shall, at the same election, vote in more than one election district or ward, or shall vote or offer 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.
4. Every person elected or appointed to any office of profit or trust under the Constitution or laws made pursuant thereto, before he shall enter upon the duties of such office, shall take and subseribe the following oath or affirmation : I, A. B., 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 allegianco to the State of Maryland, and support the Constitution and laws thereof; that I will to the best of my skill and judgment diligently and faithfully, without partiality or prejudice, execute the office of
according to the Constitution and laws of this State, and that since the adoption of the present Constitution, I have not, in any manner, violated the provisions thereof in relation to bribery
of voters or preventing legal or procuring illegal votes to be given; (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 time of my acting as
And if any person elected or appointed to office as aforesaid, shall refuse or neglect to take the said oath or affirmation, he shall be considered as having refused to accept the said office, and a new election or appointment shall be made as in case of refusal or resignation, and any person swearing or affirming falsely in the premises, shall, on conviction thereof in a court of law, incur the penalties for wilful and corrupt perjury, and be thereafter incapable of voting at any election, and also incapable of holding any office of profit or trust in this State.
5. That no person above the age of twenty-one years, convicted of larceny or other infamous crime, unless he shall be pardoned by the Executive, 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 mentis, shall be entitled to vote.
ARTICLE II.--Executive Department. Sec. 1.—The Executive power of the State shall be vested in a Governor, whose term of office shall commence on the second Wednesday of January next ensuing his election, and continue for four years, and until his successor shall have qualified.
2. The first election for Governor under this Constitution shall be held on the first Wednesday of November, in the year eighteen hundred and fifty-three, and on the same day and month in every fourth year thereafter, at the places of voting for delegates to the General Assembly, and every person qualified to vote for delegates shall be qualified and entitled to vote for Governor; the election to be held in the same manner as the election of delegates, and the returns thereof, under seal, to be addressed to the Speaker of the House of Delegates, and enclosed and transmitted to the Secretary of State, and delivered to the said Speaker at the commencement of the session of the Legislature next ensuing said election.
3. The Speaker of the House of Delegates shall then open the said returns in the presence of both Houses, and the person having the highest number of votes, and being constitutionally eligible, shall be the Governor, and shall qualify in the manner herein prescribed, on the second Wednesday of January next ensuing his election, or as soon thereafter as may be practicable.
4. If two or more persons shall have the highest and an equal number of votes, one of them shall be chosen Governor by the Senate and House of Delegates; and all questions in relation to the eligibility of Governor, and to the returns of said election, and to the number and legality of votes therein given, shall be determined by the House of Delegates. And if the person or persons having the highest number of votes be ineligible, the Governor shall be