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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 20   View pdf image (33K)
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20 CONSTITUTION OF MARYLAND.

Art. 24. That slavery shall not he re-established in this State; hut
having been abolished, under the policy and authority of the United
States, compensation, in consideration thereof, is due from the United
States.

The word "slavery" as used in this section can not be applied to a free
negro apprenticed. Brown v. State, 23 Md. 507.

Art. 25. That excessive bail ought not to be required, nor excessive
fines imposed, nor cruel or unusual punishment inflicted by the Courts
of Law.

If a punishment is grossly and inordinately disproportionate to the
offence, the judgment ought to be reversed, but contra where the discre-
tion vested in the judge is exercised conscientiously. A sentence of fifteen
years in jail for attempting to commit rape under circumstances of atroc-
ity, does hot violate this article. Mitchell v. State, S2 Md. 532.

A sentence "to be whipped seven lashes by the sheriff" is not "a cruel
and unusual penalty" within the meaning of this article—see article 16
and notes thereto. Foote v. State, 59 Md. 266.

This article referred to in construing the words "cruel and unusual pun-
ishments" in the 8th amendment to the United States constitution. Weems
v. U. S., 217 U. S. 393 (dissenting opinion).

See article 16 and notes.

Art. 26. 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.
See notes to article 22.

Art. 27. That no conviction shall work corruption of blood or for-
feiture of estate.

Art. 28. That a well-regulated Militia is the proper and natural
defence of a free Government.

See article Co (of the Annotated Code.

Art. 29. That Standing Armies are dangerous to liberty, and ought
not to be raised, or kept up, without the consent of the Legislature.

Art. 30. That in all cases, and at all times, the military ought to
be under strict subordination to, and control of, the civil power.

Art. 31. That no soldier shall, in time of peace, be quartered in any
house, without the consent of the owner, nor in time of war, except in
the manner prescribed by Law.

Art. 32. That no person except, regular soldiers, marines, and mari-
ners 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.

Art. 33. 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 Judges shall not
be removed, except in the manner, and for the causes, provided in this
Constitution. No Judge shall hold any other office, civil or military or

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 20   View pdf image (33K)
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