St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-05-24
ELECTROCUTIoN GOES.
Kemmler Will Shuttle Off by the
New Method

WASHINGTON, May 23.-The supreme
court of the United States to-day denied
the application for writ of error in the
case of Kemmler, under sentence of
death by electricity. The opinion is by
Chief Justice Fuller. The court first re-
cites the proceedings in the lower
courts leading to the bringing of the
case to this court. The court
says that it is urged in Kemmler'S
behalf that the fourteenth amendment
is prohibition Oh the state of the i'm
position of cruel aud unusual punish
ment, this being in luded in the term
due process of law. The origin of the
phrase cruel and uns ual punishment,
the court said, was n the English act
of settlement of 16S, and meant that
barbarous methods Of punishment
should not be inflicted. 1t meant that
man should not be sentenced to deaf h
by torture, but did not mean that the
death penalty itself was cruel. The
court of appeals, the opinion says.
held that the punishment iE-
flicte on Kemmler was unusual. but
that there was NJ evidence to show
that it. was cruel. The legislature of
New York had the facts bearing upon
this question, and the court must pre-
sumo that the legislature HAD devised
punishment it thought less cruel than
the former mode. That decision, the
court says, was not against any special
privilege set up by the prisoner, and
was so plainly right that the court
would not be justified in everything it.
The fourteenth amendment did not
materially change the whole theory
of the government. Citizens still
nf
of the United States. The only change
is that the amendment furnishes an adj
ditional guarantee against encroach-
ment by the state upon the funda-
mental rights of the citizens. The priv
ilegeS and immunitieS of citizens of the
United States are, indeed. protected by
them. Those are the privileges arising
out of the essential nature and charac-
ter of the national government. The
court quotes the opinion in the
Hurtado case on the meaning of
the phrase ''due process of law"
The change in form of death was
within the legitimate sphere OF the leg
islatlve power of the state. The leglS-
lature of the state of New York deter
mined that it did not inflict cruel and
unusual punishment and its courts have
sustained that determination. This
court cannot see that the prisoner has
been deprived of due process of law. In
order to reverse the judgment this court
should be compelled to hold that the
court of appeals had committed an error
so gross as to deprive the
prisoner of constitutional rights.
The court has no hesitation
in saying it cannot do this" The case
will next come up before United States
Circuit Judge Wallace, who made an
order to operate as stay of proceed
ings to save Kemmler's life until the
United States supreme court could pass
upon the questions involved. This
order was issued with the understand
ing that counsel would Immediately
apply to the supreme court for a writ
of habeas corpus. Their application
for such a writ was thrown out of
court, but they were allowed hearing
on an application for writ of error, land
it was this application which was 10
day denied. The same questions were
involved in this hearing as would come
before the supreme court on a motion
for writ of habeas corpus, the only
difference being one of form and court
practice. 1t is therefore supposed that
Judge Wallace, when the order becomes
returnable on the third Monday in June
next, will vacate it. that being prac
tically the understanding upon which
the order was made.