« ՆախորդըՇարունակել »
year of our Lord one thousand eight hundred and thirty-two; which shall be the commencement of biennial elections. At this election one senator shall be chosen in each county for four years. Also at the biennial election to be held in the several counties on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-four, two senators shall be chosen in each county for four years each. But as the term of one senator in each county will expire on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-three, when no election will be held to provide for this special case, a senator shall be chosen in each county, at the election held on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two, for one year, to succeed the senator for such county whose term shall expire on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-three, and to continue in office until the second Tuesday in November, in the year of our Lord one thousand eight hundred and thirty-four, when two senators shall be chosen in each county as afore-provided.
4. The term of office of the present Governor shall not be vacated nor extended by amendment made to the Constitution in this Convention ; but the said office shall continue during the original term thereof, but the ninth and fourteenth sections of the third article of this Constitution shall be immediately in force as amended. An election for Governor shall be held on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two.
5. This Constitution as amended, so far as shall concern the judicial department, shall commence and be in operation from and after the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two. All the courts of justice now existing shall continue with their present jurisdiction, and the Chancellor and judges and the clerks of the said courts shall continue in office until the said third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two; upon which day the said courts shall be abolished, and the offices of the said Chancellor, judges, and clerks shall expire. All writs of error and appeals and proceedings which, on the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two, shall be depending in the high Court of Errors and Appeals, and all the books, records, and papers of said Court shall be transferred to the Court of Errors and Appeals established by this amended Constitution ; and the said writs of errors, appeals, and proceedings shall be proceeded in, in the said Court of Errors and Appeals, to final judgment, decree, or other determination.
All suits, proceedings, and matters which, on the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two, shall be depending in the Supreme Court, or Court
of Common Pleas, and all books, records, and papers of the said Courts, shall be transferred to the Superior Court established by this amended Constitution, and the said suits, proceedings, and matters shall be proceeded in to final judgment or determination in the said Superior Court. All indictments, proceedings, and matters which, on the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two, shall be depending in the Court of General Quarter Sessions of the Peace and Jail Delivery, shall be transferred to and proceeded in to final judgment and determination in the Court of General Sessions of the Peace and Jail Delivery, established by this amended Constitution, and all books, records, and papers of said Court of General Quarter Sessions of the Peace and Jail Delivery shall be transferred to the said Court of General Sessions of the Peace and Jail Delivery. All suits, proceedings, and matters which on the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two, shall be depending in the Court of Chancery or in the Orphans' Court, and all records, books, and papers of said courts respectively, shall be transferred to the Court of Chancery or Orphans' Court respectively, established by this amended Constitution, and the said suits, proceedings, and matters shall proceed in to final decree, order, or other determination.
6. The register's courts and justices of the peace shall not be affected by any amendments of the Constitution made in this Convention; but the said courts and the terms of office of registers and justices of the peace shall remain the same as if said amendments had not been made.
7. The General Assembly shall have power to make any law necessary to carry into effect this amended Constitution.
8. The provision in the twentieth section of the sixth article of this amended Constitution (being the thirtieth section of the sixth article of the original Constitution) of limitation of writs of error, shall have relation to, and take date from, the twelfth day of June, in the year of our Lord one thousand seven hundred and ninetytwo, the date of said original Constitution.
9. The Governor shall have power to issue writs of election to supply vacancies in either house of the General Assembly that have happened or may happen.
10. It is declared that nothing in this amended Constitution gives a writ of error from the Court of Errors and Appeals to the Court of Oyer and Terminer, or Court of General Sessions of the Peace and Jail Delivery, nor an appeal from the Court of General Sessions of the Peace and Jail Delivery.
The acts of the General Assembly, increasing the number of justices of the peace, shall remain in force until repealed by the General Assembly; and no office shall be vacated by the amendment to this Constitution, unless the same be expressly vacated thereby, or the vacating the same is necessary to give effect to the amendments.
In 1632, George Calvert (Lord Baltiinore), a distinguished Catholic, apo plied to Charles I. for a territory north of Virginia, for the purpose of establishing a colony. Before the grant had passed the royal seal, Lord B. died. About two months afterwards, the territory was granted to Cecil Calvert, oldest son of Geo., now Lord B. In honor of Henrietta Maria,* it was called Maryland. Leonard Calvert, brother of Lord B., was appointed first Gov. He, with about 200 Catholic emigrants, came over in 1634, and located themselves at St. Mary's. Many circumstances favored the settlement and increase of Maryland. The soil and the climate were inviting, but what added more to its growth, was that equal protection was granted to all religious denominations, and the people were permitted to make their own laws. The first assembly was composed of all the freemen in the colony. In 1639, there was a change—the House of Assembly was made up of representatives chosen by the people. In 1650, there was another change, and a Constitution adopted, hy which the Legislature was divided into two houses, one to be composed of representatives chosen by the people; the other of persons appointed by the proprietors. But there was no permanent government, as changes were continually taking place, until the beginning of the Revolution, when the authority fell in the hands of the people. In 1776, they adopted their second Constitution, and their present Constitution in 1851. Maryland, from the first, was active in resisting British oppression, and bore her full share in the hardships of the Revolutionary War.
Aren, 13,959. Pop., 1850, 583,035.
ADOPTED IN CONVENTION, WHICH ASSEMBLED AT THE CITY OF ANNAP
OLIS ON THE FOURTH DAY OF NOVEMBER, EIGHTEEN HUNDRED AND FIFTY, AND ADJOURNED ON THE THIRTEENTH DAY OF MAY, EIGITEEN HUNDRED AND FIFTY-ONE.
THE 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 :
Art. 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, according to the mode prescribed in this Constitution, the unalienable right to alter, reform, or abolish their form of government, in such manner as they may deem expedient.
2. That the people of this State ought to have the sole and exclusive right of regulating the internal government and police thereof.
3. That the inlabitants 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 seventysix, and which, by experience, have been found applicable to their local and other circumstances, and have been introduced, used and practised by the courts of law or equity, and also of all acts of Assembly in force on the first Monday of November, eighteen hundred and fifty, except such as may have since expired, or may be altered by 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 Cæcilius Calvert, Baron of Baltimore.
4. That all persons invested 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 non-resistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind.
5. 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 free white male citizen having the qualifications prescribed by the Constitution, ought to have the right of suffrage.
6. 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.
7. That no power of suspending laws, or the execution of laws, unless by or derived from the Legislature, ought to be exercised or allowed.
8. That freedom of speech and debate or proceedings in the Legislature, ought not to be impeached in any court of judicature.
9. That Annapolis be the place for the meeting of the Legislature; and the Legislature ought not to be convened or held at any other place but from evident necessity.
10. That for the redress of grievances, and for amending, strengthening and preserving the laws, the Legislature ought to be frequently convened.
11. That every man hath a right to petition the Legislature for the redress of grievances in a peaceable and orderly manner.
12. That no aid, charge, tax, burthen, or fees, ought to be rated or levied, under any pretence, without the consent of the Legislature.
13. That the levying of taxes by the poll is grievous 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, or person holding property therein, ought to contribute his proportion of public taxes, for the support of government, according to his actual worth in real or personal property; yet fines, duties, or taxes may properly and justly be imposed or laid, on persons or property, with a political view, for the good government and benefit of the community.
14. 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.
15. That retrospective laws, punishing acts committed before the existence of such laws, and by thein only declared criminal, are oppressive, unjust and incompatible with liberty; wherefore, no ex post facto law ought to be made.
16. That no law to attaint particular persons of treason or felony, ought to be made in any case, or at any time hereafter.
17. That every free 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,