being used at the faid elections, no persons shall come armed to any of them; and no mufter of the militia shall be made on that day, nor fhall any battalion or company give in their votes immediately fucceeding each other, if any other voter who offers to vote objects thereto; nor shall any battalion or company in the pay of the Continent, or of this or any other State, be fuffered to remain at the time and place of holding the faid elections, nor within one mile of the faid places respectively, for twenty-four hours before the opening faid elections, nor within twenty-four hours after the fame are clofed, fo as in any manner to impede the freely and conveniently carrying on the faid election:

provided always, that every elector may in a peaceable and orderly manner give in his vote on the faid day of election.

XXIX. There fhall be no establishment of any one religious fect in this State in preference to another; and no Clergyman or Preacher of the Gospel of any denomination fhall be capable of holding any civil office in this State, or of being a Member of either of the branches of the legislature, while they continue in the exercise of the pastoral function.

XXX.

No article of the Declaration of

Rights and Fundamental Rules of this State, agreed to by this Convention, nor the first, second, fifth (except that part thereof that relates to the right of fuffrage), twenty-fixth and twenty-ninth articles of this Conftitution, ought ever to be violated on any pretence whatever. No other part of this Constitution shall be altered, changed, or diminished, without the confent of five parts in feven of the Affembly, and feven Members of the Legiflative Council. Friday, September 20, 1776.

MARY

MARYLAND.

A

DECLARATION of RIGHTS,

AND THE

CONSTITUTION

AND

FORM of GOVERNMENT

AGREED TO BY THE DELEGATES OF MARYLAND, IN FREE AND FULL CONVENTION ASSEMBLED.

A DECLARATION of RIGHTS, &c.

THE

HE Parliament of Great-Britain, by a Declaratory Act, having affumed a right to make laws to bind the Colonies in all cafes whatsoever, and in pursuance of such claim endeavoured by force of arms to fubjugate the United Colonies to an unconditional fubmiffion to their will and power, and having at length constrained them to declare themselves Independent States, and to affume government under the authority of the people: therefore, We, the Delegates of Maryland, in free and full Conven

Convention affembled, taking into our most ferious confideration the best means of establishing a good conftitution in this State, 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 inftituted folely for the good of the whole.

II. That the people of this State 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 emigration, and which by experience have been found applicable to their local and other circumstances, and of fuch 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 seventeen 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

revifion

revifion of, and amendment or repeal by, the -legiflature 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 legiflative or executive powers of government are the trustees of the public, and as fuch accountable for their conduct: wherefore, whenever the ends of government are perverted, and public liberty manifeftly 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-refistance against arbitrary power and oppreffion, is abfurd, flavish, and deftructive of the good and happiness of mankind.

V. That the right in the people to participate in the legislature is the beft fecurity of liberty, and the foundation of all free government. For this purpose, elections ought to be free and frequent, and every man having property in, a common interest with, and attachment to, the community, ought to have a right of fuffrage.

VI. That