The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
Then after a trial, if a person is found guilty, the Constitution again
guards the rights even of the guilty, by providing:
“_Excessive fines (shall not be) imposed, nor cruel and unusual
punishments inflicted._”(75)
When this constitutional guaranty was written persons then living could
recall without doubt the barbarous punishments which had been imposed in
civilized countries even for light offenses. Common hanging was not
regarded as sufficient punishment. “Hanged, drawn and quartered” was often
heard in the courts of countries which had been left behind. It was
nothing uncommon to see persons upon the roadside in England left hanging
to the gibbet for long periods of time where the people could see them as
a warning. It was not uncommon in those times to have a penalty of death
imposed for the offense of stealing.
It is almost impossible to read of the punishments of the olden days, even
under decrees of courts, without a shudder. Therefore, every one in
America should be filled with gratitude that in the adoption of our
Constitution these excessive cruelties were forever ended.
We have in this country the death penalty only for the most grave
offenses, and it is seldom imposed. Imprisonment is generally regarded as
just and sufficient. I might spend an hour if we had time, telling you
something of the horrible dungeons which served as prisons in the olden
days, into which God’s sunlight seldom entered; of the chains the
prisoners had to wear; of the starvation; yes, and of the
lash—inhumanities which one can scarcely conceive, and which can never
disgrace the civilization of America.
Again, carefully guarding the rights and liberties of the people we find:
“_Neither slavery nor involuntary servitude, except as a punishment for
crime whereof the party shall have been duly __ convicted, shall exist
within the United States, or any place subject to their
jurisdiction._”(76)
This is not a part of the original Constitution. It was adopted after the
war had driven slavery from our shores. The spirit of America has from the
beginning been exerted in enlarging the rights of human beings. Slavery
existed before the adoption of the Constitution, and so strongly was it
intrenched at that time in some of the colonies that it was impossible
then to wipe it out.
But it did not belong in America, and the time came when the American
people, after a long bitter war, crushed the slave power, and swept from
our shores the last vestige of involuntary servitude. That it might not be
renewed, the people amended the Constitution so as forever to bar slavery
or involuntary servitude except as men might be put in prison in
punishment for crime after a full, fair trial.
Public-domain text, read in full here on John Shaqi.
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