DECLARATION OF RIGHTS. 61

suit does not prevent an action against a state official wrongfully withholding prop-
erty for state uses. Weyler v. Gibson, 110 Md. 653.

This article referred to in construing art. 4, sec. 37, of the Md.. Constitution—
see notes thereto. Dowling v. Smith, 9 Md. 268.

See art. 19 of the Declaration of Rights, art. 15 sec. 6, and art. 3, sec. 40, of the
Md. Constitution, and notes thereto.

See notes to arts. 5 and 21 of the Declaration of Rights, and to art. 3, sec. 29,
Md. Constitution, and to art. 56, secs. 234 and 235, art. 72, sec. 111, and art. 81,
sec. 229, An. Code.

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

The word " slavery " as used in this section cannot 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 discretion vested in the judge
is exercised conscientiously. A sentence of fifteen years in jail for attempting to
commit rape under circumstances of atrocity, does not violate this article. Mitchell
v. State, 82 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 art. 16 and notes thereto.
Foote v. State, 59 Md. 266.

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

See art. 16 and notes of the Declaration of Rights and notes to art. 27, sec. 17,
An. Code.

Art. 26. That all warrants, without oath or affirmation, to search sus-
pected places, or to seize any person or property, are grievous and oppres-
sive; 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 art. 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 art. 65 of the An. 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.