.

On the first two of these two points there is no dispute, while some
will not admit the third, and others proscribe the fourth. Let us,
however, admit the four.

Who has the right to imprison and assign the terms and conditions to the
imprisoned?

The State alone, or society organized in a body politic, has this right,
and that is to be exercised by due process of law, in which exercise she
is, first, in her legislative capacity, to point out clearly, by her
enactments, for what a man shall be imprisoned, specify the terms of the
imprisoning and the conditions to which the imprisoned shall be
subjected; second, in her judicial capacity, assign the wrong doer his
merited doom; and, third, in her executive capacity, to carry out in him
the decisions she has made, no individual having a right to interfere
with this in any way, except as specially authorized by State
enactments.

Hence, the criminal, when standing at the bar and hearing the sentence
of the judge, can understand exactly what lawfully and justly awaits
him, provided that he demean himself uprightly in his new condition.

Suppose the sentence, in a given case, is this: "You are to be confined
at hard labor in our State Prison for five years." In this all that can
lawfully be inflicted upon the convict is involved. So say the judges
themselves. Hence, should any man, or party of men, bring upon him
additional infliction during that time, the imprisoned would, just so
far, become the sufferer of a wrong, and those making that infliction
would be the wrong doers. Let us, then, analyze this sentence and thus
ascertain its elements.

Being confined in prison for the term, all admit, involves the idea that
he is to enter those walls and not be permitted to pass out till his
time is ended.

As the term, "hard labor," is not defined, it must be determined by the
common custom of workmen at the same or similar business outside. So say
the judges again. To illustrate: if ten hours constitute a day's work
with these, so with the prisoners,--not twelve or fifteen. Again, if, in
bedstead making, turning one hundred posts, in the one case, is required
for a day, so in the other, not one hundred and fifty or two hundred.
This laboring day after day, during the specified number of years,
constitutes the "hard labor" in the meaning of the court.

The law assigns no further punishment to the imprisoned, if duly
submissive to wholesome prison rules. But, should he b