Treason.
Murder.

CODE OF THE UNION."

Gordon's Digest, 1835.

Arson; dwelling-house or other buildings.

Rape on the seas.

Robbing mail, second time.

Forgery; as passing counterfeit certificates or other public security.

Piracy; one species, slave-trade.

Confining slaves on shipboard, or offering them for sale.

Robbery on the high seas.

Setting fire to ship of war.

Burning ships of private property for the purpose of defrauding underwriters.

CAPITAL OFFENCES IN ALL THE SEVERAL STATES.

Treason.
Murder.

MAINE. Law of 1842.

a The reader who is unaccustomed to our laws, must remember that there is a code for the Union, and also a code for the several states. Some discussion has ensued respecting treason, whether there could be any against a state without being against the Union itself. We suppose the laws against treason would not apply to a slave, it being political in its character. We would like to know how one could commit treason against a government of which he was not recognised as a member! To those who may feel any interest on that point, we refer them to p. 94, where we have enlarged on the great fact, that should ever be borne in mind, of the danger to political and religious liberty, so long as the law of the Punishment of Death exists. It may be safely laid down as a true position, that the very punishment of treason would be likely to increase the evil. It would probably operate as the law generally does, to make its own victims. Look,' said the executioner to an aged Irishman, showing him the bleeding head of a man just executed for rebellion, 'look at the head of your son.' 'My son,' replied he, has more than one head!'

It will be seen that the code of the Union punishes capitally the confining of slaves on shipboard or offering them for sale.

b The following is the law in Maine.-No person, sentenced to death, is to be executed under one year, nor then, till the whole record of his conviction and sentence shall be certified by the clerk, under the seal of the court, to the Executive (governor) of the state, nor until a warrant shall be issued by said executive authority, under seal of the state, directed to the sheriff, commanding him to cause the sentence of death to be executed by hanging the offender by the neck, within the walls or enclosure of the State Prison in Thomaston. The sheriff (unless sick) shall be present at execution, with two of his deputies. He shall request the attendance of the county attorney and twelve citizens, including a surgeon and physician to be present; and shall permit the prisoner's counsel, such minister of the gospel as the prisoner

desires, and his relations, to be present, and such other officer or guard as he may see fit to employ.-Doubts exist about the power of the Executive. In a late journey in Maine, (1843,) we visited Thorn, now under sentence of death. He did not believe, himself, that the execution would ever take place. Such we found to be the general impression. The public are much indebted there to the labors of Professor UPHAM, of Bowdoin College, a man eminent for his learning and talents, and for his great moral worth. His work on Peace contains many cogent arguments, written in a beautiful style.

Executions are private. The manner is similar to that of Maine. The law was abolished in the House in 1843, but lost in the Senate.

d One year, at least, must elapse between the sentence and execution, and then it is supposed it cannot take place without a warrant from the Executive. The law, though thought to be abolished, is certainly nominally retained, or it will be seen that since the modification in 1842, a man has been convicted of the murder of his wife. We present the sentence itself: 'It is the judgment of this court that for this offence you suffer death by hanging, to be executed upon you as soon as may be in due course of law, after the expiration of one year from this 21st day of April, 1843; and, in the mean time, and until the Punishment of Death shall be inflicted upon you, you will be forthwith committed to solitary confinement in the state prison at Windsor, in the county of Windsor.'

e Our ancestors looked for precedents in the Jewish code, and punished breaches of the first and second commandments, witchcraft, blasphemy, even in Pagan Indians, cursing a parent, ravishing a maid, but not a married woman, &c. (See whole code, p. 159.) Several able reports have been made in the years 1831, 1836, 1837 and 1843. We believe that in every effort the substitute has been imprisonment for life. The present state of the public mind seems to make that demand. Among the opposers of reform on this subject, may be found Rev. CHARLES HUDSON, a member of the Senate in 1837. He urged against the abstract argument of taking life, that by the same reasoning we had no right to abridge human liberty. The point is well worthy the attention of legislators. Centuries may elapse before that is definitely settled. The public are greatly indebted to the labors of ROBERT RANTOUL, Esq. Both he and his father have been for years the unflinching advocates of reform in this law. We cannot speak too warmly of the labors of Mr. RANTOUL. His able Reports have done much both here and abroad. He has been indefatigable in his labors, both through good and through evil report. The friends of the proposed reform must ever feel largely indebted to him for his zeal in the cause of humanity. Much has been gained. Executions are private. It was recommended, in 1832, to have a black flag raised over the place of execution! A very appropriate emblem.

Since writing the above, we have learned from the Hon. Mr. ROBINSON,

president of the Senate, that the motion to abolish Capital Punishment passed through the Senate in the last session, 1843, but was lost in the House. The record of the House stands, nays 108, yeas 58.

f We have already noticed, on page 94, the very singular fact that treason was not a capital offence in this state, but that, by a singular providence, it was mainly done away by Mr. DORR himself, before the late movement was thought of, in regard to a change of government in that state. See Essay VIII., entitled 'Dangerous to Liberty.'

Probably treason would be considered a crime at common law, in all the states in which there is no statute upon the subject. This would be hanging a man by implication! It is understood, however, to be the opinion of JOHN Q. ADAMS, that there can be no treason against a state under the federal law.

The public_mind, to use a vulgar phrase, seems to be in a singular fix, in this state. During a journey there, in 1842, a gentleman of great intelligence remarked that the people in that state dare not do two things. First, they did not dare to abolish Capital Punishment. Second, they did not dare to put the law into execution. As the power lies in the Legislature, (instead of the Governor, as in Massachusetts,) the court was always sure to pass sentence so that it could not take place till after the meeting of that body, and then the friends would urge their petitions for commutation.

h Executions are private in this state. Whoever has read the Letters from New York, written by Mrs. CHILD, will remember how graphically she describes the circumstances connected with the late intended execution of JOHN C. COLT. See Part II. Essay VI.

The friends of the proposed reform are much indebted to J. O'SULLIVAN, Esq., of this state, for one of the ablest reports ever published; one that should be in the hands of every legislator.

iTwo facts are worthy of notice here. Treason is punished, first offence, six years. Capital Punishment was at one time abolished.

Treason.

Murder.

Rape.

Burglary.

Arson.

DELAWARE. Law of 1829.

MARYLAND. Dorsey's Collection, 1840.

Treason, death, or six to twenty years' imprisonment.

Murder, death, or penitentiary for life.

Burning mills or barn, death, or three to twelve years' imprisonment.

Rape, death, or one to twenty-one years' confinement.

VIRGINIA.k

NORTH CAROLINA. Revised Statutes, 1837.

Murder.

Rape.

Arson.

Mayhem.

Burglary.

Highway robbery, without benefit of clergy.

Forgery, second offence.

Horse-stealing, with benefit of clergy.

Slave-stealing.

Sodomy.

Buggery.

Bigamy, with benefit of clergy.

Duelling, if death ensues.

Crime against nature.

Burning a public building.

Accessaries.

Assault, with intent to kill.

Assault, second offence.

Circulating seditious publications among slaves, second offence, without benefit of clergy.

Free person aiding in a conspiracy, without benefit of clergy. Slave returning after transportation, without benefit of clergy. Taking a free negro or person of mixed blood out of state, with intention to sell, without benefit of clergy.

j See Remarks at the end of the codes.

k See Remarks, p. 227, and Tables following.

would

I No provision is made for treason in this state, though we suppose be considered here as crime at common law. (See opinion of J. Q. ADAMS, under note on Rhode Island.) The old superstitious law of the benefit of clergy, which we have explained in a note at the conclusion, is still retained in two crimes-horse-stealing and bigamy. Whether it was thought that the clergy were more likely to steal horses, and have more than one wife, or whether they meant to grant impunity to them, we leave the reader to imag

SOUTH CAROLINA.m Brevard's Digest, 1814. McCord's Statutes, 1838.

Forgery.

Horse-stealing, second time.

Duelling, if death ensues.

GEORGIA." Prince's Digest, 1837.

Treason, first degree.

Murder.

Circulating insurrectionary papers, either by a white, a negro, mustizzo, or free person.

Rape on a free white female, if a slave.

Assaulting free white female with intent to murder, if a slave. Burglary or arson of any description contained in penal code of state, if a slave.

Murder of a slave or free person of color, if a slave.

ALABAMA. Clay's Digest, 1843.

Crimes punishable with death, when committed by slaves. Insurrection or rebellion against the white inhabitants.

ine. It might not be very inconvenient to commit both crimes at the same time. It is rather singular that slave-stealing should be considered capital in a slaveholding state. We suppose this is not intended to apply to slaveholding. Killing a slave is also considered only as homicide, to which no penalty is annexed. Great care has been taken to prevent the circulation of seditious publications. It is said that in the preamble to the law, even the alphabet is calculated to excite dissatisfaction. We suppose, as Mrs. CHILD says, it is because 'freedom' can be spelt out of it. But we cannot pursue this strain of remark, our business being rather to present the codes than their peculiarities.

m It has been found difficult to get a correct view of the various capital offences in this state. The state is still governed by the old common law of England, which has remained unimproved by modern legislation. For instance, perjury is punished by a law of 1562; rape by a law of 1285; mayhem by a law of 1403 and 1670.

We suppose it will not be said that these laws were made in consequence of the movements of modern abolitionists! Would it be incendiary at the south to circulate their own laws?

A storekeeper in South Carolina was nearly ruined by having unconsciously imported certain printed handkerchiefs.

n We find here that legislation has been employed to keep out incendiary publications, and the usual distinction made between 'persons' and slaves,' in regard to the penalty; yet the poor slave is not permitted to read the very law by which he is condemned. Even to learn him to read or write, is said to be a fine not exceeding five hundred dollars. Very consistent legislation, to doom a large portion of the community to ignorance, and then put them to death for it!

It is a singular fact in this state, that the prisoner has to pay for his own execution, if his estate be not insolvent. Whether (if the remark is not impious) he has a right to make his own bargain or not, we cannot learn. We suppose the price of hanging varies in different states. The price for murdering a man, in the enlightened, humane state of Massachusetts, on the gallows, for one or more, is TWENTY DOLLARS!

• A distinction is made between persons and slaves. Legislation is rather