No convention fhall be called but by the authority of the people; and an unexceptionable mode of making their fenfe known, will be for them at a general election of Representatives, to vote alfo by ballot for or against a convention, as they fhall feverally choose to do; and if thereupon it fhall appear, that a majority of all the citizens in the state having right to vote for Reprefentatives, have voted for a convention, the General Affembly fhall accordingly at their next feffions call a convention, to confift of at leaft as many members as there are in both Houfes of the Legislature, to be chofen in the fame manner, at the fame places, and at the fame time that Reprefentatives are, by the citizens entitled to vote for Representatives, on due notice given for one month, and to meet within three months after they fhall be elected.

SCHEDULE.

THAT no inconveniencies may arife from the alterations of the Conftitution of this State, and in order to carry the fame into complete operation, it is hereby declared and ordained:

I. That the Prefident, or in cafe of his death, inability, or abfence from the ftate, the Speaker of the Legiflative Council at that time, and in cafe of his death, inability, or abfence from the ftate, the Speaker of the Houfe of Affemb'y at that time, fhall refpectively, with the Privy Council, exercife the Executive Authority of this ftate until the third Tuesday in January next. If the death, inability, or abfence of the Prefident, fhall happen after the firft Tuesday of next October, and before the first Tuesday in next January, then the Executive Authority fhall devolve upon the perfon who was Speaker of the Council at the next preceding feffion of the General Affembly; and in cafe of his death, inability, or abfence, upon the perfon who was Speaker of the House of Affembly at the faid next preceding feffion.

II. That all perfons holding offices to which, under this conftitution, appointments are to be made by the Governor, fhall continue in the exercife of the duties of their respective offices until the first Tuesday of October, one thousand, fev en hundred and ninety-three, unless their commiffions shall fooner

expire by their own limitations, or the faid offices fhall become vacant by death or refignation, and no longer, unless re-appointed and commiffioned by the Governor.

III. That justice shall be administered in the several counties of this ftate, until the period laft mentioned, by the fame juftices, in the fame courts and in the fame manner as here. tofore.

IV. That the Sheriffs elected at October next shall hold their refpective commiffions two years, and no longer, from that time, or until new Sheriffs are elected and appointed; and fuch perfons fhall not be again eligible until the expira tion of three years after their commiffions ceafe.

V. That the elections of Governor, Senators, and Repre fentatives, fhall be conducted by the fame persons, and in the fame manner, as is prefcribed by the election laws of this ftate, concerning the election of members of the Council and of the House of Affembly; and the returns thereof shall be made refpectively to the perfon exercifing the Executive Authority, to the Senate, and to the Houfe of Reprefentatives.

VI. The first meeting of the Legislature under this conAitution fhall be at the town of Dover.

Done in Convention, the twelfth day of June, in the year of our Lord one thousand seven hundred and ninety. two, and of the Independence of the United States of America, the fixteenth. In teftimony whereof, we have hereunto fubfcribed our names.

John Dickinfon,

Robert Armstrong,
Edward Roche,

William Johnfon,

Robert Haughey,

THOMAS MONTGOMERY, Prefident.
James Morris,
Richard Baffett,
Benjamin Dill,
Henry Mollifton,
Andrew Barratt,
Ifaac Cooper,
George Mitchell,
John W. Batfon,
Rhoads Shankland,
Ifaac Beauchamp,
Daniel Polk.

George Monro,
Robert Coram,

Kenley Johns,

Nicholas Ridgely,
John Clayton,
Thomas White,
Manlove Emerfon,
(Atteft.)

JAMES BOOTH, Secretary.

MARYLAND.

A DECLARATION of RIGHTS, and the Conftitution and form of Government, agreed to by the Delegates of Maryland, in free and full Convention affembled.

A DECLARATION OF RIGHTS, &c.

HE Parliament of Great Britain, by a declaratory act,

nies in all cafes whatfoever, and, in purfuance of fuch claim, endeavoured, by force of arms, to fubjugate the United Colonies to an unconditional fubmiffion to their will and power, and having at length conftrained them to declare themfelves independent ftates, and to affume government under the authority of the people :-Therefore, we, the Delegates of Maryland, in free and full Convention affembled, taking into our moft ferious confideration the best means of establishing a good Conftitution in this ftate, for the fure foundation and more permanent fecurity thereof, declare,

I. That all Government, of right, originates from the people, is founded in compact only, and inflituted folely for the good of the whole.

II. That the people of this ftate ought to have the fole and exclufive right of regulating the internal government and police thereof.

III. 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 fuch of the English ftatutes, as exifted at the time of their first emigra tion, and which, by experience, have been found applicable to their local and other circumftances, and of such others as have been fince made in England, or Great Britain, and have been introduced, ufed, and practifed, by the courts of law or equity; and alfo to all acts of Affembly, in force on the first of June, feventeen hundred and feventy-four, except fuch as may have fince expired, or have been, or may be altered by acts of Convention, or this declaration of rights-fubject, nevertheless, to the revision of, and amendment or repeal by, the Legislature of this state: and the inhabitants of Maryland are alfo entitled to all property, derived to them from or

under the charter, granted by his Majefty Charles I. to Cæcilius Calvert, Baron of Baltimore.

IV. That all perfons invested with the legislative or executive powers of government, are the truftees of the public, and, as fuch, accountable for their conduct; wherefore, whenever the ends of government are perverted, and public liberty manifettly 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 nonrefiftance, againft arbitrary power and oppreffion, is abfurd, flavifh, and deftructive of the good and happiness of mankind.

V. That the right, in the people, to participate in the Legiflature, is the beft fecurity of liberty, and the foundation of all free government; for this purpofe, elections ought to be free and frequent, and every man, having property in, a common intereft with, and an attachment to the commu nity, ought to have a right of fuffrage.

VI. That the Legislative, Executive, and Judicial powers of government, ought to be for ever separate and diftinét from

each other.

VII. That no power of fufpending laws, or the execution of laws, unless by, or derived from the Legislature, ought to be exercifed or allowed.

VIII. That freedom of fpeech and debates, or proceedings in the Legiflature, ought not to be impeached in any other court or judicature.

IX. That a place for the meeting of the Legiflature, ought to be fixed, the moft convenient to the members thereof, and to the depofitory of public records; and the Legiflature ought not to be convened or held at any other place, but from evident neceffity.

X. That, for redrefs of grievances, and for amending, ftrengthening, and preferving the laws, the Legislature ought to be frequently convened.

XI. That every man hath a right to petition the Legisla ture, for the redrefs of grievances, in a peaceable and orderly manner.

XII. That no aid, charge, tax, fee, or fees, ought to be fet, rated, or levied, under any pretence, without confent of the Legislature.

XIII. That the levying taxes by the poll is grievous and oppreffive, and ought to be abolished: that paupers ought not to be affeffed for the fupport of government; but every other perfon in the fate ought to contribute his proportion of public taxes, for the fupport of government, according to his actual worth, in real or perfonal property, within the state; yet fines, duties, or taxes, may properly and justly be impofed or laid, with a political view, for the good govern. ment and benefit of the community.

XIV. That fanguinary laws ought to be avoided, as far as is confiftent with the fafety of the ftate: and no law, to inflict cruel and unusual pains and penalties, ought to be made in any cafe, or at any time hereafter.

XV. That retrospective laws, punishing facts committed before the existence of fuch laws, and by them only declared criminal, are oppreffive, unjuft, and incompatible with li berty; wherefore no ex post facto law ought to be made.

XVI. That no law, to attaint particular perfons of treafon or felony, ought to be made in any cafe, or any time hereafter.

XVII. That every freeman, for any injury done him in his perfon or property, ought to have remedy, by the course of the law of the land, and ought to have juftice and right, freely without fale, fully without any denial, and speedily without delay, according to the law of the land.

XVIII. That the trial of facts, where they arife, is one of the greateft fecurities of the lives, liberties, and eftates of the people.

XIX. That, in all criminal profecutions, every man hath a right to be informed of the accufation against him; to have a copy of the indictment or charge in due time (if required) to prepare for his defence; to be allowed counfel; to be confronted with the witneffes againft him; to have procefs for his witneffes; to examine the witneffes, for and against him, on oath; and to a speedy trial by an impartial jury, without whofe unanimous confent, he ought not to be found guilty.

XX. That no man ought to be compelled to give evidence againft himself, in a common court of law, or in any other court, but in fuch cases, as have been usually practifed in this ftate, or may hereafter be directed by the Legiflature.