« AnteriorContinuar »
Legislature, for the redress of grievances, in a peacea) ble and orderly manner.
XII. That no aid, charge, tax, fee, or fees, ought to be set, rated, or levied, under any pretence, without consent of the Legislature.
XIII. That the levying taxes by the poll is grierous and oppressive, and ought to be abolished : that paupers ought not to be assessed for the support of government; but every other person in the State ought to contribute liis proportion of public taxes, for the support of government, according to his actual worth, in real or personal property, within the State ; yet fines, duties, or taxes, may properly and justly be imposed and laid, with a political view, for the good government and benefit of the community,
XIV. That sanguinary laws ought to be avoided, as far as 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.
XV. That retrospective laws, punishing facts 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.
XVI. That no law, to attaint particular persons of treason or felony, ought to be made in any case, or at any time hereafter.
XVII. That every freeman, for any injury done 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 thelanc.
XVIII. That the trial of facts, where they arise, is one of the greatest securities of the lives, liberties, and estates of the people...
XIX. 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.
XX. That no man ought to be compelled to give evidence against himself, in a common court of 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.
XXI. That no freeman ought to be taken, or imprisoned, or disseized of his freehold, liberties, cr 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.
XXII. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishments indicted, by the courts of law.
XXIII. 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.
XXIV. That there ought to be no forfeiture of any pari of the estate of any person, for any crime except murder, or treason against the State, and then only on conviction and attainder.
XXV. That a well regulated militia is the proper and natural defence of a free government.
XXVI. That standing armies are dangerous to liberty, and ought not to be raised or kept up, without consent of the Legislature.
XXVII. That in all cases, and at all times, the military ought to be under strict subordination to, and control of the civil power.
XXVIII. 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.
XXIX. 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.
XXX. 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 Chancellor and Judges ought to hold commissions during good behaviour; and the said Chancellor and Judges shall be removed for misbehaviour, on conviction in a court of law, and may be removed 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. That salaries, liberal, but not profuse, ought to be secured to the Chancellor and the Judges, during the continuance of their commissions, in such manner, and at such times, as the Legislature shall hereaster direct, upon consideration of the circumstances of this State. No Chancellor or Judge ought to hold any other office, civil or military, or receive fees or perquisites of any kind.
XXXI. That a long continuance, in the first execu. tive departments of power or trust, is dangerous to liberty ; a rotation, therefore, in those departments, is one of the est securities of permanent freedom.
XXXII. That no person ought to hold, at the same time, more than one office of profit, 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.
XXXIII. That as it is the duty of every man to worship God in such manner, as he thinks most acceptable to him, all persons, professing the Christian religion, 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 colour 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 particular place of worship, or any particular ministry;
yet the Legislature may, in their descretion, lay a general and equal tax, for the support of the Christian religion ; leaving to each individual the power of appointing the payment over of the money, collected from him, to the support of any particular place of worship or minister, or for the benefit of the poor of his own denomination, or the poor in general of any particular county : but the churches, chapels, glebes, and all other property, now belonging to the Church of England, ought to remain to the Church of England for ever. And all acts of Assembly, lately passed, for collecting monies for building or repairing particular churches or chapels of ease, shall continue in force, and be executted, unless the Legislature shall, by act supersede or repeal the same : but no county court shall assess any quantity of tobacco, or sum of money, hereafter, on the application of any vestry-men or church wardens; and every encumbent of the church of England, who hath remained in his parish, and performed his duty, shall be entitled to receive the provision and support established by the act, entitled “ An act, for the support of the clergy of the church of England, in this province," till the November court of this present year, to be held for the county in which his parish shall lie, or partly lie, or for such time as he hath remained in his parish, and performed his duty.
XXXIV. That every gift, sale, or devise of lands, 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 chattles, to go in succession, or to take place after the death of the seller or donor, or to, or for such support, use, or benefit and also every devise of goods or chattles 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, gist, lease, or devise of any quantity of land,
not exceeding two acres, for a church, meeting, or other house of worship, and 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.
XXXV. That no other test or qualification ought to be required, on admission to any office of trust or profit; than such oath of support and fidelity to this State, and such oath of office, as shall be directed by this Convention, or the Legislature of this State, and a declaration of a belief in the Christian religion.
XXXVI. That the manner of administering an oath to any person, ought to be such, as those of the religious persuasion, profession, or denomination, of which such person is one, generally esteem the most effectual confirmation, by the attestation of the Divine Being. And that the people called Quakers, those called Dunkers, and those called Menonists, holding it unlawful to take an oath on any occasion, ought to be allowed to make their solemn affirmation, in the manner that Quakers have been heretofore allowed to affirm ; and to be of the same avail as an oath, in all such cases, as the affirmation of Quakers hath been allowed and accepted within this State, instead of an oath. And further, on such affirmation, warrants to search for stolen goods, or for the apprehension or commitment of offenders, ought to be granted, or security for the peace awarded, and Quakers, Dunkers, or Menonists, ought also, on their solemn affirmation, as aforesaid, to be admitted as wit.. nesses in all criminal cases not capital.
XXXVII. That the city of Annapolis, ought to have all its rights, privileges, and benefits, agreeable to its charter, and the acts of Assembly confirming and regulating the same, subject nevertheless to such alterations as may be made by this Convention or any future Legislature. · XXXVIII. That the Liberty of the Press ought to be inviolably preserved.
XXXIX. That monopolies are odious, contrary to the spirit of a free government, and the principles of commerce, and ought not to be suffered.
XL. That no title of Nobility, or hereditary honours, ought to be granted - this State.