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truftees, or a reprefentation of feven of each, and two of the mem bers of the faculty of each, the principal being one, which meeting is, ftiled, "The Convocation of the University of Maryland,” who are to frame the laws, preferve uniformity of manners and literature in the colleges, confer the higher degrees, determine appeals, &c.

The Roman Catholics have alfo erected a college at Georgetown, on the Potomack river, for the promotion of general litera

ture.

In 1785, the Methodists inftituted a college at Abingdon, in Harford county, by the name of Cokesbury college, after Thomas Coke, and Francis Albury, bishops of the Methodist Epifcopal Church. The college edifice is of brick, handsomely built, on a healthy spot, enjoying a fine air, and a very extensive prospect.

The ftudents, who are to confift of the fons of travelling preachers, of annual fubfcribers, of the members of the Methodist fociety and orphans are inftructed in English, Latin, Greek, Logic, Rhetoric, History, Geography, Natural Philofophy and Aftronomy; and when the finances of the college will admit, they are to be taught the Hebrew, French, and German languages.

The college was erected and is fupported wholly by fubfcription and voluntary donations.

The students have regular hours for rifing, for prayers, for their meals, for study, and for recreation: they are all to be in bed precifely at nine o'clock. Their recreations, (for they are to be "indulged in nothing which the world calls play,") are gardening, walking, riding, and bathing, without doors; and within doors, the carpenters, joiners, cabinet-makers, or turner's business. Suitable provifion is made for thefe feveral occupations, which are to be confi dered, not as matters of drudgery and conftraint, but as pleafing and healthful recreations both for the body and mind. Another of their rules, which, though new and fingular, is favourable to the health and vigour of the body and mind, is, that the students shall not sleep on feather beds but on mattresses, and each one by himself. Particular attention is paid to the morals and religion of the students.

There are a few other literary inftitutions, of inferior note, in different parts of the State, and provifion is made for free schools in moft of the counties; though fome are entirely neglected, and very few carried on with any fuccefs; fo that a great proportion of the lower clafs of people are ignorant; and there are not a few who can

not

not write their names. But the revolution, among other happy ef fects, has roufed the fpirit of education, which is faft fpreading its falutary influences over this and the other fouthern States.

CONSTITUTION.

DECLARATION OF RIGHTS.

The Parliament of Great-Britain, by a declaratory act, having affumed a right to make laws to bind the Colonies in all cafes whatfoever, and in pursuance 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 constrained them to declare themselves independent States, and to affume government under the authority of the people; therefore, we, the delegates of Mary land, in free and full 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 instituted solely 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 such of the English statutes as existed at the time of their first emigration, and which by experience have been found applicable to their local and other circumftances, and of fuch others as have been fince made in England, or Great-Britain, and have been introduced, used, 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 legiflature 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 Majefty Charles I. to Cæcilius Calvert, Baren of Baltimore.

IV. That

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IV. That all perfons invefted 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-refiftance against arbitrary power and oppref fion 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 best 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 intereft with, and attachment to the community, ought to have a right of fuffrage.

VI. That the legislative, executive and judicial powers of government ought to be for ever feparate and diftinct from each other.

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

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

cature.

IX. That a place for the meeting of the legiflature ought to be fixed, the most 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 ne ceffity.

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

XI. That every man hath a right to petition the legislature for the redress 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 legiflature.

- 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 State ought to contribute his proportion of public taxes for the fupport of go

vernment,

vernment, according to his actual worth in real or personal property within the State; yet fines, duties, or taxes, may properly and juftly be impofed or laid with a political view for the good government and benefit of the community.

XIV. That fanguinary laws ought to be avoided, as far as is confiftent with the safety of the State; 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, unjust, and incompatible with liberty, wherefore no cx 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 at any time hereafter.

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

XVIII. That the trial of facts where they arife, is one of the greatest 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 council, to be confronted with the witnesses against him, to have procefs for his witneffes, to examine the witnesses 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 against himself in a court of common law, or in any other court, but in fuch cafes as have been ufually practifed in this State, or may hereafter be directed by the legislature.

XXI. That no freeman ought to be taken or imprifoned, or diffeifed of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner deftroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or by the law of the land.

XXII. That

XXII. That exceffive bail ought not to be required, nor exceffive fines impofed, nor cruel or unusual punishments inflicted by the courts of law.

XXIII. That all warrants without oath or affirmation, to search fufpected places, or to feize any person or property, are grievous and oppreffive; and all general warrants to search suspected places or to apprehend fufpected perfons, without naming or defcribing the place or the perfon in fpecial, are illegal, and ought not to be granted.

XXIV. That there ought to be no forfeiture of any part of the eftate 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 without confent of the legislature.

XXVII. That in all cafes and at all times the military ought to be under ftrict fubordination to, and controul of the civil power.

XXVIII. That no foldier ought to be quartered in any houfe in time of peace, without the confent of the owner; and in time of war, in fuch manner only as the legislature shall direct.

XXIX. That no perfon, except regular foldiers, mariners, and marines in the fervice of this State, or militia, when in actual fervice, ought in any cafe to be fubject to, or punishable by martial law.

XXX. That the independency and uprightness of judges are effential to the impartial adminiftration of juftice, and a great fecurity to the rights and liberties of the people; wherefore the chancellor and judges ought to hold their commiffions during good behaviour; and the said chancellor and judges shall be removed for misbehaviour, on a conviction in a court of law, and may be removed by the governor, upon the addrefs of the General Affembly, provided that two-thirds of all the members of each House concur in fuch addrefs. That salaries liberal, but not profufe, ought to be fecured to the chancellor and the judges during the continuance of their com miffions, in fuch manner and at fuch times as the legislature shall hereafter direct, upon confideration of the circumftances of this State: no chancellor or judge ought to hold any other office, civil or military, or receive fees or perquifites of any kind.

XXXI. That a long continuance in the first executive departments of power or truft is dangerous to liberty; a rotation, thereVOL. III.

H

fore,

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