Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-05-08
kHmmLEHs pnoULtAn CASE.
The "Cruel and Unusual Puufsn
inent'' Prohibited by thc Constitu'


nent'' Prohibited by the Constitu.
ton.
Philadelphia Ledger.
Excessive bail shall not be required,
nor excessive fiues imposed, nor cruel
and unusual punishmenis inf cited, That,
being In the constitution OF the United
States, is the supreme law OF the land,
anything in the constitution or laws of
any state to the contrary notwithstand-
ing" Under that constitutionaLp rohibi-
tion the circuit court of the United States
for the northern district of New York
ordered that Kemmler, the murderer con.
demned to be put to death by electric
saock, be respited yesterday. II lie not q
respite in express words, but the Prssi-
dent Of the United States, through Chief
Justice Fuller, of the Supreme Court of
the United States, and Judge Wallace, OF
the New York circuit, has issued writ
ordering the warden OF Auburn (New
York statel, prison to have William
Kemmler, the oond mled murderer in
question, taken before ths United States
Circuit court at Cauandaigua, on the 18th
Of June next, and that writ superssdes
the warrant OF the governor OF the state
OF New York, ordering the death SER
tence 10 be executed on Kemmler tins
week.
As this action of the Federal govera.
ment oysrrdlas a decision OF the court OF
appeals of the state Of New York, It may
have the appearance of conflict of
authority, but that is not so. II is all in
due course aud regular. 1t is q quite FREE
quent thing for the counsel OF CON
demned murderers, who have exhausted
all the remedial aud diistory ocselines
afforded by state laws and state courts, to
appeal finally for the guarantees and pro-
tections set forth III this constitution OF
the United States. rhs clause OF tbs
constitution quoted in Tie Opening sen.
tenoe Of this brief article is one of them.
They are mostly contained in the amend
mants to Tho constitution proposed at the
first session of the First Congress, after
the main text OF this constitution had
gone into force and were not ta!ly rati-
fed until the 18th OF Dscsmbsr, 1891.
These amendments were aftor-thoughts,
and may be considered ag the Federal
bill OF rights incorporated into the CON
stution for tho protection OF personal
rights and liberties OF tho psoDls, and as
guarantees to the statas, to make "assur-
snce doubly surs' wherever tine consiitu-
tion might fall short, or leave such rights
in doubt.
But few people are aware Of it, but il
ia the fact that some of their most valu-
able personal projections and guarantees
are in tie constitution Of the United
States--or of the other fact that they
were put into that instrument two yeAra
after its adoption as a serious Rosond
thought.
Apropo5 to this Intervention OF the
President and OF the chief jastics OF the
Supreme Oonrt OF the Uaised Staten to
respite criminal sentenced to d cath by
state court, the Ledger has dsesaed It
advisable to cite ri the head OF these rs
marks the article IL tho Fa iersl censtitu-
ton by virtue OF which that intervention
is made -csuel and unusual pnnishments
shall not b. inflicted. That action doss
not decide that death by electric shock is
'cruel, !" though It certainly is ''unusuai."
These aye this p1ilts that are to come up
for consideration AMI iudg aeat or the
l7tn Of June next.
Here are s9ms further citations from
tho Federal Constitution OF the prots0.
tiOns and 2usrsntseI offered to every in.
dividual. In article V of the amend.
ments It ia declared that mo pyr4on shall
bs mold to answer for capital or other
visa infamous crime unisss on q present.
ment or Indictment Of grand jnry, ex-
cept in oases arising in tbs land or naval
forces, or 10 the militia, when in actual
services IN time o. war or public dan5er,
nor shall any person be subject, for
the same otIsnca, TO be twice put ia
jeopardy Of life or limb; nor shall be
compelled in any criminal case to ba O
witness against himself, nor he deprived
OF life, liberty or property without due
process of law; nor slsll private prop.
erty be taken for public use without ils;
compensation"
And ArtlctH VI OF these amendment,
declares that "iu all criminal prosepu
tions the accused shall eojay the right %
a speedy aud public trial by an impsrisl
jury of tho state and district wherein tae
crime shall have been committed, whict
district snail have previously RscsFtaiaej
by law, md to be informed OF tlt
nature and causa Of the accusation; K
be confronted with the witnesses against
him; to have compulsory process for oh
tanning wisneslss in his favor, aud Il
have the assistance of counse! for HE de-
fenca."
1t is we'll, ocoagionallS, that the genera
public shall be advised ~ to where these
invaluable guarantees are lodged.