The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
A warden of a State penitentiary was recently found guilty of
inflicting cruel punishment because he punished a convict by
suspending his body from chains placed around his wrists.
The British Museum contains several machines of torture used to
punish criminals in early days. One is a machine in the form of a
hollow case fitting a human form. This case is filled with sharp
spikes driven through from the outside. The machine was so
constructed that when a victim was placed inside, the sides could be
gradually turned up to fit the body and press these spikes into the
body of the victim so as to produce death.
Another machine is constructed much as a cross in form of the letter
X. The victim was fastened in such manner as to bind his wrists and
ankles to the ends of the bars. A horse was then hitched to either
his arms or legs and they were torn from the body.
Many States in the United States have now adopted electrocution as
the means of inflicting the death penalty because it is believed to
be the most humane way.
76 Constitution of the United States, Amendment XIII, Sec. 1.
This amendment was submitted to the States by resolution of Congress
in 1865 and by proclamation of the President of December 18th of
that year was declared to have received the approval of the
requisite number of States.
So far as the abolition of slavery is involved there has been no
question as to the effect of the amendment, but as to what
constitutes involuntary servitude important questions have arisen.
While the primary object of the amendment was to free the colored
race, the general purpose was to render impossible the existence
within the jurisdiction of the United States of any legal or social
institution imposing involuntary labor on any class of persons. The
introduction here of the peonage system prevalent in Mexico, the
coolie system of China, or the padrone system of Italy fall within
the prohibition.
The amendment permits imprisonment and also involuntary servitude as
a penalty for failure to pay a fine imposed as a punishment.
Moreover the services of persons imprisoned for crime belong to the
State and may be leased, subject of course to humanitarian
regulations as to the method in which such services may be employed.
Public-domain text, read in full here on John Shaqi.
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