Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-16

would be demoralizing to the community.
1t would demcralize even the executioner.
1t would take brute to whip brute, and
new profession would have to be created
the profession of whippers.
What self-respecting young American
citizen would ever aspire to the position of
the public whipper of wife heaters? Any
man who would whip his fellow man is as
much OF brute as the man he whips. No
jury should be put to the necessity of con-
demnfng man to be whipped. No judge
should have the indignity put upon him of
having to sentence a man to the cruel tor
lures of the whipping post. The first judge
to do such thing would do 1t with blush
of shame and humiliation.
/ 1.-THE world seems to be amazed at this
proposition, and even nations such as
france. England and Japan. which learned
the lesson of hurnaneness In the treatment
of criminals from America. will be aston
ished to hear that Washington demands a
restoration of the barbaric whipping post.
We hope. however that the world will take
1T ell as a big joke. and. that 1t will be
laughed out Of court and out Of Congress.
But this Is more than joke when we
consider that; the proposition is unconstfsu-
tionai:@ At the first session of Congress,
held fr New York city under the then new
Constitution of the United States. twelve
amendments were proposed to the legisla-
! lures of the several states. Ten of them
were adopted. Among these ten was the
eighth amendment which reads: Excess
sives bail shall not be required, nor excess
/ SlVe. HneS imposed. nor cruel ana unuSua,
puniShmentS inflicted
~ Cruelties Of Despots.
sour fathers had in mind the cruelt:es
and fortunes inflicted by despotic govern
ments. some of which had been introduced
into the colonies. They had in mind the
pf1rory. the stake the whip and they made
constitutional provision, against them. Some
states inflict cruel and unusual punish
I..A IL 49, L L.xx1 kl,4 ri.x1,k
as states to make laws for their own gov
eminent independently of federal jurisdic-
ton.
But" said DR.. Bristol, 'in the District
of Columbia we are under no other juris-
diction but federal jurisdiction. We are
amenable directly to the Constitution Of
the United States. Therefore, the introduce
ton of the whipping post would be the IN
Fiction of cruel and unusual punishment
and contrary to the law of the District Of
Columbia, the Constitution of the United
States.
"If cruel and unusual punishment is con-
stitutional and just for one 'offense, why
constitutional, the pillory is constitutional.
the thumbscrew Is constitutional If the
cruelty of whipping can be made legal In
the District of Columbia. the cruelty of cut
tongue, or pouring hot lead down his throat
could be made legal. But all such cruel
and unusual punishment is forbidden by
the Constitution of the United States.
'If you inflict cruel and unusual punish
ment upon wife heaters, why not upon child
beaters? Why not upon wives who beat
their husbands? Otherwise we should De
guilty of class legislation, and If we pro-
posed t. tie women at the post and whip
them, who will do the whipping? Win the
demand be made for a profession of female
whippers whose dignif1ed and womanly
duty 1t would be to lay the cruel lash upon
their sisters.
"But what will you do with these offend
ers? We-aH admit that they are the mean
est, hardest, most cruel and cowardiy OF
men. Still are they members Of society. and
society owes something to itself in treating
them in a civilized manner. even In the in
Fiction of punishment. We believe that
work-hard work-should be the penalty.
and that the product OF the Offenders work
should be paid to his family. Work Is not
debasing: it Is not brutalizing.
"It Is dignihed. educational. reformatory.
It does not break the spirit. even of the
victim. If does not breed In him cruelty.
anger, hatred and the spirit Of revenge.
No Jury would humiliate itself in condemn
ing man to labor. No judge would have
to sacrifice his dignity in sentencing man
to hard work. Labor Is not demoralizing
to the offender, to the court. nor to the
community; nor would a penalty of hard
labor be violation of the Constitution OF
the United States or contrary to the spirit
Of humanity. civilization and Christian
morals In the name, then. of the Consti-
tuition OF the United States. the fair name
and good fame of Washington, the superb
facilities of our public schools, the en-
lightenment of civilization and the char
ity of the Christian religion. let US not re-
turn to the cruel barbarism oftthe whipping
posi-
Wife Desertion a PrcbablsN Result.
T. tn Editor of The Evening Star:
Apropos to the present agitation for the
Establishment of a whipping post in this
District, an incident in the life of the late
Justice Stephen J. Field. related by him In
his work. "Reminiscences of Early Days in
California" might be instructive. Justice
Field was alcalde at Marysville. CAL. and a
man was found guilty of stealing gold dust.
There being no jail in the town, and the ex-
pense OF sending the prisoner to San Fran
cisco too great, the alcalde reluctantly de-
cided to administer immediate corporal
punishment. and prescribed fifty iashes
upon his bare back. The punishment was
promptly inflicted by the marshal of the
court. In the presence Of physician. who