PUNISHMENT OF DEATH: A Series of Short Articles, to appear occasionally in Numbers designed for General Circulation. A COMPARATIVE VIEW OF THE PUNISHMENTS ANNEXED TO CRIME IN THE UNITED STATES OF AMERICA, AND IN ENGLAND. By J. SYDNEY TAYLOR, A.M. Of the Middle Temple, Barrister-at-Law. " If the present Bill be carried into effect, then may your Lordships expect to see the whole frame of out criminal code invaded and broken in upon.— The Public of this country, I submit, ought once for all, to know in what the public criminal code of the country consists, that your Lordships may not. time after time, and year after year, be distressed with such discussions as the present." C Debate "i the House of Lords, on the Bill for abolishing the punishment of Death for privately stealing from a shop to the amount of Five Shillings , April 2,1813.) LORD ELDON. '* The numerous volumes of remedial statutes -which have been published during the last thrct centuries ought to be thrown into a pile and burnt, without taking them one by one with a chance of finding some that might not require to be purified by the flames." (Debate in the House of Commons on the Punishment for Treason, April 5, 1813.) ROMILLY. iLontron : (By the liberal permission of the Author) Printed from the original manuscript, for the Society for the Diffusion of Infor- mation on the subject of Capital Punishments. Published by Harvey and Darton, Gracechurch-street. Sold by Hatchard and Son, Piccadilly ; and J. Nisbet, Berner's-street : Also by W. Oliphant, Edinburgh; R. M. Tims, Grafton-streef. ; R. D. Webb, William-street ; and W. Curry and Co. Sackville-street, Dublin ; and to be bad of all Booksellers. No. 4.] August 10, 1831 . [Price 5s. 6d. per dozen. SOCIETY FOR THE DIFFUSION OF INFORMATION ON THE SUBJECT OF CAPITAL PUNISHMENTS. This Association originated in 1829, and consists of Gentlemen residing in various parts of the kingdom. Central Committees are formed in London, Edinburgh, and Dublin. llonlron Committee. Chairman, WILLIAM ALLEN, F.R.S. Plough Court, Lombard Street. Treasurer, WARWICK WESTON, Esq. Gracechurch Street. T. F. Buxton, M. P. A. R. Barclay Richard Barrett John T. Barrj Peter Bedford Thomas Clarkson, A. M. William Crawford Rev. F. Cunningham, A. M. Rev. J. F. Denham, A. M. Edward Forster, F. R. S. Josiah Forster Robert Forster Samuel Hoare Esqrs. Leonard Horner, F. R. S. Dr. Lushington, M. P. Basil Montagu J. C. Nash William F. Reynolds Rev. J. Pye Smith, D. D. Lord Suffield J. Sydney Taylor, A.M. Richard Taylor Rev. Daniel Wilson, A.M. Henry Waymouth Thomas Wood Esqrs. Communications to members of the Committee may be sent to No. 40, Trinity Square, Tower Hill, London. W. Beilby, M.D. John Campbell, W. S. Charles M. Christie, Esq. George Combe, W.S. Alexander Cruickshank, Esq. Edward Cruickshank, Esq. Hon. H. David Erskine. John Gairdner, M.D. John Gillies, M.D. Rev. Robt. Gordon, D.D. Robt. Kaye Greville, LL. D. IStunimrglj Committee. John Hamilton, Advocate. Richard Huie, M.D. J. Shank More, Advocate. John Archib d . Murray, Advocate. Pat. Neill, Esq. James Ogilvy, Esq. Professor Pillans. George Ross, Advocate. James Simpson, Advocate. Henry Tod, W.S. John Wigham, Esq: In Scotland, Communications to be addressed to R. K. Greville, LL.D. Wharton Place, Edinburgh. Joseph Bewley, Esq. Dr. Croker. Dr. Litton. John Mc. Cay, Esq. J. H.Orpen, Esq. ©ulnm Committee. I Dr. Osborne. Dr. Perceval. Rev. Dr. Sadleir, SF. TCD. Lieut. Col. Seton. Rev. Hugh White. In Ireland, Communications should be sent to J. McCay, Esq. Dublin Institution, Sackville Street, Dublin. PUNISHMENT OF DEATH. No. 4. The following pages present a contrasted view of the punishments annexed to the principal crimes in certain of the United States of America — and in this country, from which it will be seen, that, although the American criminal laws were derived from the English stock, they have undergone alterations which have rendered them in many instances more temperate and rational than our own, and of course more consonant with the dictates of intelligent and dis- criminating Justice. It is true the criminal laws of the United States are still in a very imperfect condition ; but the legislators of those States deserve credit for the improvements which, in many instances, they have introduced — improvements which evince an enlightened repugnance to that indiscriminate shedding of human blood, which has given a character of revolting barbarism to the criminal laws of England. Perhaps it would have been better if the American States had wholly repealed the laws of English origin in the first instance, and commenced a new structure of criminal jurisprudence on a founda- tion, cleared, and prepared for the erection of a more civilized system. This work would have been less difficult and embarrassing than the task of reforming the existing code. It would also have ensured more unity of design, and simplicity of construction, than any plan of improvement which attempted to combine the ideas of a new and more rational legislation, with the elements of a system essentially vicious. For instance, Mr. Livingstone s code for Loui- siana, which has departed from the old system altogether, ap- proaches nearer to excellence than any of the most improved editions of the original model. Under each head of capital crime in the law of England, various offences are included which ought to be classed separately, and which only a reckless indifference to the distinctions of guilt, or a want of the clearness of perception so necessary to legislators, could ever have confounded, either in name, or punishment. We may instance Treason, Burglary, Arson, and Forgery, as heads of crime to which this remark is peculiarly applicable. The criminal laws of the United States are not entirely free from this imputation, but it will be seen, by comparing the one with the other, that the American legislators have, at least partially, achieved what the English parlia- ment has wholly neglected — the establishing a gradation of punish- ment according to the degrees of guilt. Treason p. 40 Murder 42 Arson 42 Burglary 43 House-breaking 44 Stealing in dwelling-house 46 Robbery in dwelling-house 47 Robbery from the person. 48 Horse-stealing 49 Sheep-stealing p. 49 Cattle-stealing f. . . . 59 Rape 50 Mayhem 50 Duelling 51 Adultery 53 Coining 53 Forgery 54 As we have not seen the provisions for the State of New York, they are not introduced in the following account ; but it is understood that the punishment of death is abolished there for all crimes except Treason, Murder, Rape— and perhaps the worst species of Arson, the burning of a dwelling-house in the night. ±003722 COMPARATIVE VIEW, &c. The Criminal Punishments of the two countries are distinguished by being printed the one in red, the other in black ink. UNITED STATES. ENGLAND. Defined by the constitution of the State to be the levying war against the State, or adhering to its enemies, or giving them aid and comfort. The punishment is — In New Hampshire, Virgi- nia, Massachusetts, Maine, New Jersey, Delaware, Ver- mont, Connecticut, Rhode Island — death. In Pennsylvania — imprison- ment for not less than three, nor more than six years. Second of- fence — imprisonment for not more than ten years. In Maryland— death, or con- finement to hard labor in the peni- tentiary for not less than six, nor more than twenty years ; with oc- casional solitary confinement under certain limitations as to duration. Defined by the statute 25 Edw. III. cap. 2, to consist in The compassing or imagining the death of our lord the king, of our lady the queen, or of their son and heir. 2 ndljr . The violation of the king's com- panion, of the king's eldest daugh- ter unmarried, or of the wife of the king's eldest son and heir. The levying war against the king in his realm ; which has been judicially interpreted to mean, not only the taking arms to dethrone the king, but under pretence to reform religion or the laws, or to remove evil counsellors, or abate other grievances, either real or pretended. It is also construed to be a " levying of war " within the meaning of the statute, to re- sist the king's forces by defending a castle against them ; to make an insurrection with an avowed design to pull down all enclosures, or all brothels. Thus, there are six different offences comprised under the one statutable phrase of " levying war,'' and there may be several more ; such is the latitude of application which the judges have given this highly penal statute, by forced inferences of con- struction. 4tMy_ The adhering to the king's enemies in the realm, giving them aid and comfort in the realm, and elsewhere. This is judicially inter- preted to mean — giving intelligence to the king's enemies ; sending them provisions ; selling them arms ; treacherously surrendering a fortress ; affording aid and comfort to foreign pirates and robbers who may happen to invade our coasts without any open hostilities between their nation and our own. 5 m r. The counterfeiting the king's great or privy seal. The counterfe into the realm, < the same to be by law, by th To slay * or the oth< tices assi their off! and ¥ Other statu on * the ar H any person shall e next in succes- Act of Settle- aliciously and 6 Anne, cap. y, by writing n hath any •cording to with the atutes to 1 guilty uel th UNITED STATES. (Arson.) ENGLAND. 43 rag 1000 dollars; or either:— un- stack of corn, grain, pulse, and Jess where any person suffers loss even of straw, and in all cases of life, or is injured in body or is punished with — death, however member, and then it is punished different the degrees may be of with — death. malignity or mischief. In Maine and Massachu- The ''amended'' law of Sir Ro- setts — a secondary punishment ; bert Peel makes it equally penal unless when the crime consists in to wilfully burn a heap of straw, the burning of a dwelling -house and to maliciously reduce a city in the night time ; or being ac- to ashes, cessary thereto before the fact. In Delaware, Virginia, Rhode Island — death. In Connecticut — secondary punishment ; unless where the burn- ing a building causes loss of life, and then it is punished with — death. In Maryland — death, or penitentiary ion not less than five, nor more than twenty years, with occasional solitary confinement. In New Jersey— -fine, and solitary imprisonment to hard labor, not exceeding fifteen years. Second conviction — death. In New Hampshire — ■ solitary confinement for six months, and imprisonment to hard labor for life. In Pennsylvania —imprisonment in the Penitentiary for the first offence, for not less than one, nor more than ten years ; for the se- cond offence, for not more than fifteen years. By the code for Louisiana it is punishable with imprisonment for life — if not a dwelling-house and contain personal property of 100 dollars — imprisonment not less than seven, nor more than four- teen years. If containing less than 100 dollars — not less than five, ner more than ten years. UNITED STATES. In Maine and Massachu- setts — a secondary punish- ment, namely, solitary confinement not exceeding two years, and af- terwards imprisonment at hard labor for life : — unless when the offender is armed with a danger- ous weapon, and then it is pu- nished with — death. In Rhode Island and Dela- ware — death. In New Jersey— -fine and solitary imprisonment to hard labor for a term not exceeding ten years. Secoiid conviction — death. ENGLAND. The breaking of the dwelling- house by night with a felonious intent. Punishment in all cases — death. By the ancient common law this offence was not punishable with death. It was first made capital by a statute passed in the first year of Edward VI. as to princi- pals. As to abettors and access- aries before the fact, they were exempt from capital punishment, until the act of the 3 & 4 W. and M. took from them the " benefit of clergy." The malignity of this offence is 4't UNITED STATES. (Burglary.) ENGLAND. In NewHampshire — solitary said to consist in—the forcible confinement for six months, and violation of the right of habitation imprisonment to hard labor for ' m the darkness of night, and the life. terror thereby inspired. — Origin- In Vermont— imprisonment ally there should have been to in the state prison, not exceeding' constitute the offence, a forcible fifteen years, and fine not ex- breaking and an actualentry: — now ceeding 1000 dollars; or either there may be both a constructive of said punishments. entry and — constructive breaking, In Connecticut— imprison- _f or , a fraudulent entry has been ment not exceeding three years, construed to be ^forcible breaking —or if attended with personal and entry, —and the putting in a violence, or if the offender be hand, or an instrument, through a armed with a dangerous weapon, window to steal goods, has been —imprisonment for life, or for a construed to be an actual entry. term of years not less than seven. Hence it frequently happens that InPENNSYLVANi a imprison- children who break a pane of ment for the first offence, not less gi ass a t night in a shop window, than two, nor more than ten years. an d put in the hand to steal a Second offence not more than ca k ej or a hook to abstract some fifteen years. other property, are condemned to In Maryland— restitution of f ] tatn at the Old-Bailey sessions property, or payment of the value, as Burglars.— It would be difficult —and imprisonment m the pem- t o say what terror such acts of lentiary not less than three, nor pet ty theft inspire which are thus more than ten years, with occa- dignified with the name of Bur- sional solitary confinement. g i aryj on i y t0 make the sentence of In Virginia— restitution, or death contemptible, and the law payment — and imprisonment in ridiculous. the penitentiary not less than five, nor more than ten years. By the code for Louisiana— imprisonment for not less than ten., nor more than fifteen year?. In Maine — breaking and en- tering the dwelling-house in the day-time with felonious intent — solitary confinement not exceeding one year — and hard labor not ex- ceeding fifteen years. The srwie punishpient is annexed to the offence of entering the dwelling-house in the ni^ht-time, to commit larceny without break- ing. In New Hampshire — solitary confinement, to hard labor not less Punishment, however small the value taken — death. This offence is distinguished from burglary by the latter always taking place in the night-time, or between the twilight of the even- ing and the twilight of the morn- ing. There is also this further distinction, that to constitute the crime of house-breaking — some property must be actually stolen, whereas the unexecuted felonious intent, connected with the breaking UNITED STATES, (House-breaking,) ENGLAND. 45 than two, nor more than seven years. The breaking and entering any bank office, fyc. in the night — con- finement to hard labor not less than three, nor more than ten years. In Massachusetts — break- ing into any house or shop in the day-time, or, in the night without breaking, with intent to commit a felony — solitary confinement not more than six months — and im- prisonment afterwards to hard labor not more than three years ; or by fine not exceeding 500 dol- lars — and imprisonment not more than three years. In New Jersey — house-break- ing by day, with intent to kill, rob, or steal— fine not exceeding 500' dollars, or solitary imprisonment, to hard labor not exceeding ten years; or both. In Delaware — breaking the dwelling-house in the day-time^ or by night without breaking, — breaking and entering any shop i warehouse, <§-c. by night, with in- tent to commit a felony — the pil- lory for one hour — thirty-nine lashes on the back— imprisonment not exceeding one year — and af- terwards sold to service for notless than two, nor more than seven years. If goods were taken — the offender is to restore them , or pay the owner fourfold their value. In Maryland — breaking the dwelling-house in the day, or a storehouse, shop, or office by day or night, with intent to commit a felony — confinement in the peni- tentiary not less than two, nor more than ten years. Mr. Livingstone's code for Louisiana, under the head of house-breaking, says, " whoever enters a house secretly, or by force 3 or threats, or fraud, during of the house in the night-time, is sufficient to satisfy the definition of burglary. By the ancient common law, there was no larceny from the dwelling-house distinguished from simple larceny — either in name or punishment, with the exception of burglary. This latter was regard- ed as a more malignant and dan- gerous crime than any other species of larceny from the dwel- ling-house, because, as it has been expressed — " it took place when all creation, except beasts of prey, are at rest — when sleep has dis- armed the owner and rendered his castle defenceless." Who would suppose that this pompous description of the terrors of bur- glary applies to an offence which, as we have stated elsewhere, (p. 44.) a child may commit by breaking a pane of glass in a pastry- cook's shop after dark and feloni- ously putting in the hand to pur- loin a penny bun, and thereby incur by law, the forfeiture of life ! But though house-breaking, properly so called, does not take place with the terror which a nocturnal vio- lation of the dwelling may inspire " when sleep has disarmed the owner, and rendered his castle defenceless," yet it is equally punished with— death! It was ridiculous in the commentators on our laws,to be astute in finding a reason why burglary (the great- est crime in its true sense) against the rights of habitation, is punish- ed with death, when, for inferior offences connected with the dwel- ling-house, the law equally de- mands the blood of the offender. It is true that the felonious in- tent is sufficient in burglary, al- though nothingbe actually stolen ; but although larceny of some property must be committed to constitute the crime of house- 46 UNITED STATES. (House-breaking.} ENGLAND. the night, or, in like manner, en- ters a house by day, and conceals himself therein until the night, with the intent in either case of committing a crime, is guilty of the crime of house-breaking, and shall be imprisoned at hard labor not less than ten, nor more than fifteen years." breaking, the value of the property makes no difference. The statute which took away the benefit of clergy from the offence of " house- breaking" — that is, where the house is broken and property stolen, but no other violence is committed and no person put in fear, is the 39 Eliz. cap. 15, which made it a capital felony to break and enter a dwelling-house, outhouse, shop, or warehouse, and commit larceny to the value of Jive shillings. In the reign of Elizabeth five shillings was equal in value to a much more considerable sum of our money at the currency of the present day. Sir Robert Peel did not in this instance enhance the price at which human life was to be taken, as in the case of privately stealing in the dwelling-house, which he raised from £2. to £5. — He acted here on the opposite principle, and made the capital punishment applicable to the offence, whatever the amount of the property stolen. Thus, under the law of Elizabeth, it was not a capital offence to break and enter a dwelling-house and steal to the value of 4s. llgrf. By Sir Robert Peel's law, the stealing to the value of one penny, or one farthing, subjects the offender to the penalty of — death! It is long since Sir Henry Spelman justly remarked, that although every thing else had greatly increased in price since the establishment of our monarchy, the life of man had continually grown cheaper. What would that distinguished writer have said to such a cheapening of human life, under pretext of ameliora- ting the law, as reduced the price from the value of five shillings nearly two centuries and a half ago, — to a farthing at the present day? UNITED STATES. ENGLAND. stealing in tt>e Bmilim* In Maine — larceny in a dwell- ing-house, shop, office, fyc. in dag- time — solitary confinement not more than six months — and hard labor not more than five years. The same punishment is inflicted for — breaking and entering in the night a church, or other public building, store, or barn, with in- tent to commit a felony. In New Hampshire — larceny in a dwelling-house — imprison- ment to hard labor not less than two, nor more than ten years. In Massachusetts — larceny in the day-time in any dwelling- house, or shop — solitary confine- ment not more than six months — Stealing in tfje UtoeUmg* If to the value of five pounds — death. By the common-law, stealing in the dwelling-house was not dis- tinguished from simple larceny in general, for which the offender had the benefit of clergy, or in other words, an exemption from capital punishment. The first statute which made this a distinct offence was the 12th Anne, cap. 7. which enacted that the privately stealing to the value of forty shillings in a dwelling-house, or its out-houses, although the same be not broken, and whether any person be therein or not, unless committed against their masters by apprentices being UNITED ST ATES.( Stealing in Dwelling,) ENGLAND. 47 and hard labor not more than five years. In New Jersey — entering a dwelling-hovsey or shop, either by night or day, without breaking, with intent to rob, or steal— fine not exceeding 300 dollars, or solitary confinement to hard labor not ex- ceeding five years ; or both. In Mr. Livingstone's Code for Louisiana, it is provided, that if any one in the day-time shall with a fraudulent design, enter a house or shop, without breaking or other violence, and shall then and there commit a theft, he shall be imprisoned not less than three, nor more than six years at at hard labor. If the theft shall be committed by breaking any closet, box, or other place of the like nature, in which the property stolen was contained, the punish- ment shall be — not less than four, nor more than seven years' imprisonment with hard labor. In some States larceny in th,e dwelling-house, unaccompanied with breaking or violence, is not a distinct offence, but is punish- able as simple larceny. under the age of fifteen, be a ca- pital offence, both in the princi- pals and their aiders and abettors. Sir Samuel Romilly made stre- nuous exertions for several years to have this sanguinary statute repealed, along with the shop-lifting act, and the act against stealing to the amount of 40 shillings on board vessels in navigable rivers. The zealous and enlight- ened advocate for the reform of the criminal laws, carried the repeal of those statutes in the House of Commons, but was defeated in the House of Lords ! — This needs no comment. Sir Robert Peel's " amended" law— the 7th and 8th Geo. IV. cap. 29, has substituted for the forty shillings of the former sta-' tute,— -five pounds, as the sum which fixes the price of human life! — This additional £3. does not even cover the difference in the value of money between the time of King William, and that of George the Fourth. Kofifieri? in tty Bmiliw* mofifcerg in tyt mtotlliw* In Delaware — -fine of not less Punishment in all cases — death. than 1000, nor more than 5000 By the statute of the 3 and 4 dollars — the pillory for one hour w. & M. the stealing in a dwell- — sixty lashes — imprisonment not ing-house by night or by day, any more than two years — and to be person being therein and put in fear, sold as a servant for fifteen years. was ma de a capital offence. According to this law, the life of man is made to depend upon the greater or less degree of nerve or courage of the individual in the house, at the time of the robbery. It is not necessary to make the offence a capital crime that there should be any personal violence committed, or even any act moving towards personal violence. If the person in the house will swear that he or she was " put in fear," it matters not whether that fear was the result of a fact— or a 48 ENGLAND. (Robbery in the Dwelling-house.) fancy— the offender who steals the most trifling article, that can be laid atony value, and who has used no violence of any sort, must die the death of a murderer! (See note at page 60.) UNITED STATES. ENGLAND. iiobtm p from t$e person. Uobi)tt% from tf) t person. In Maine and Massachu- The felonious taking from the setts — a secondary punishment, person of another of goods or namely, solitary confinement not money, by violence or putting him exceeding two years, and after- in fear — in all cases punished wards imprisonment at hard labor with — death, for life : unless when the offen- Robbery from the person in or der is armed with a dangerous near the king's highway, or in a weapon, and intends to hill, and dwelling-house f was first made a then it is punished with — death. capital offence by an act passed In Rhode Island — death. in the 23rd year of Henry VIII ; In New Hampshire— solita- but other robberies from the per. ry confinement for not more than son* were not punishable with six months, and imprisonment to death, until the 3d year of Wm. III. hard, labor for life. In Vermont — imprisonment not exceeding fifteen years, and fine not exceeding 1000 dollars, or either of said punishments : for second offence — imprisonment for life, or not less than seven years,. In Connecticut— imprisonment not exceeding seven years : — or if attended v?\th personal violence, or if the offender be armed with a dangerous weapon — imprisonment for life, or for a term not less than seven years. In New jERSEY-^/me, and solitary imprisonment with hard labor not exceeding fifteen years. Second conviction — death. In Delaware — when committed in or near the highway, cr in a dwelling-house— -fine, not less than 1000 dollars, nor more than 5000; the pillory for one hour — sixty lashes on the bare back, im- prisonment for four years, and afterwards to be sold as a servant for fifteen years. If committed in any other place than above menti- oned,— -fine, not less than 500 dollars, nor more than 2000; thirty- nine lashes— imprisonment for not more than two years, and after- wards, to be sold as a servant for ten years. In Pennsv lv ania — imprisonment not less than one, nor more than seven years. Second offence, not more than twelve years. In Maryland— restitution, or payment of the value— and im- prisonment in the penitentiary not less than three, nor more than ten years, with occasional solitary confinement. In Virginia — restitution, or payment — and imprisonment in the penitentiary not less than five, nor more than ten years. By the code for Louisiana — imprisonment to hard labor for not /ess than seven, nor more than fifteen years. * The privately stealing from the person to the amount of one shilling , made capital by 8 Elizabeth, cap. 4, and in force for 243 years, was of course a distinct offence, which does not belong to this class. The repeal of that sanguinary statute took place in 1808, being one of the earliest successful efforts of Sir Samuel R.omilly„ UNITED STATES: ENGLAND. 49 In New Hampshire — imprison- This offence, which under the ment to hard labor, not less than common law was a clergyable fe- three, nor more than seven years. i° n y> that is, a felony not punish- In Vermont—; fine, not exceed- able with death, was first made ing 1 000 dollars, and imprisonment capital by a statute passed in the to hard labor not more than ten 37th year of the sanguinary reign years ; or either of said punish- of Henry VIII. That statute was ments. Second conviction, fifteen followed by a similar one in the years, and fine as before. first year of Edward VI. The In Rhode Island— shall pay statute passed in the 31st year of the value thereof, and also return Elizabeth, extended the vindictive the horse to the owner; (or else punishment to its utmost limits, shall pay double the value there- making accessaries before and after of) — fine not exceeding 1 000 tne fact, liable to the same punish- ■dollars— lashes not exceeding ment as the principal offender ! 100— and imprisonment not more Under Sir Robert Peel's than three years. Accessaries " amended" law, all principals before the fact— punishment the and accessaries before the fact in same. Accessaries after the this offence, are still punishable hct—fine, not more than 500 with— death. dollars — and imprisonment not exceeding two years. In Connecticut— shall pay the owner treble the value of the horse — and be confined in the State prison not exceeding two years. In Pennsylvania— imprisonment — not less than one, nor more than four years. Second offence, not more than seven years. In Delaware — shall pay to the owner two-fold, and restore the horse; (or otherwise shall pay four- fold) — pillory one hour— thirty- nine lashes on the bare back — and sold to service for seven years. In Maryland — restitution, or payment of the value— imprison- ment in the penitentiary not less than two, nor more than fourteen years. Accessaries, before, or after the fact — punishment the same. In Virginia— imprisonment in the penitentiary, not less than five, nor more than ten years. Accessaries, punishment the same. In other States, the crime is punished as simple larceny. In New Hampshire-^ This ies of theft m ^ pnsonment to hard labor, not of horsestealing, was not punish- less than three, nor more than able with death under the ancient seven years common law. The statute by In o her States of the American which it wag fim rendered J Republic this offence is punish- capital cri is the I4thGe0> n able as simple larceny as it was ca 6> B Sir Robert p^, by the common law of England „ amend ed" law it is enacted, that before the enactment of the Ban - -if any person shall steal any ram, gumary statutes, of more recent ewe5 sheep} cr lamb ^ Q / ^ : Imes * wilfully kill any such cattle with intent to steal the carcasses, or skin, or any fart of the cattle so killed, every such offender shall be guilty of felony, and shall suffer — death as a felon." The offences of killing a ram, ewe, sheep, or lamb, with intent to Steal the shin, were first made capital by Sir R. Peel's enactment. dO UNITED STATES. ENGLAND. iSape, Kapr. In Maine, Massachusetts, Punishment in all cases — death. Rhode Island, Connecticut, In the reign of Edward I. the Delaware — death. punishment for this offence was In New Hampshire— solitary two years' imprisonment — and fine confinement for not less than six at the king's will. It was first months, and hard labor for life, made a felony without benefit of In Vermont— imprisonment clergy, by the act of the 18 Eliz, not exceeding ten years, and fine cap. 7, not exceeding 1000 dollars ; or either of said punishments. In New Jersey— fine, and solitary imprisonment to hard labor. not exceeding fifteen years. Second conviction— death. In Pennsylvania — imprisonment for the first offence for not less than two, nor more than twelve years. In Maryland— death, or imprisonment in the penitentiary not exceeding twenty-one years, with occasional solitary confinement. In Virginia — when committed by a free person — imprisonment m the penitentiary for not less than ten, nor more than twenty years. By the code for Louisiana it is punishable with imprisonment at hard labor for life. Ifctagijem; In Maryland — imprisonment in the penitentiary for not more than ten years, with occasional solitary confinement. In New Hampshire — solitary confinement not less than six months —and hard labor not less than one year, nor more than twenty years. In Maine — solitary confine- ment not exceeding one year, and imprisonment with hard labor not exceeding ten years. In Connecticut — when the tongue is cut out, or the eye put, out with malice — death. In Vermont — imprisonment for life, or a term of years not less than seven. In Rhode Island— imprison- ment for not more than two years, — and a fine of not less than 50 dollars.nor morethan2000 dollars. In Massachusetts — solitary confinement not exceeding one year, and imprisonment at hard labor for any time not exceeding ten years. The violently depriving another of the use of such of his members as may render him the less able in fighting, either to defend him- self or to annoy an adversary. Formerly, by the common law, punished with fine and imprison, ment ; afterwards it was enacted by the statute called the Coventry Act, (the 22 and 23 Car. II. Cap. 1,) that if any person should of malice aforethought and by lying in wait, unlawfully cut out or disable the tongue, put out the eye, slit the nose, cut off a nose or lip, or cut off or disable any limb or member of any other person, with intent to maim or to disfigure him, he and his abettors should suffer death. This and another statute, 5 Hen. IV. Cap, 5. rela- tive to the crime of Mayhem were repealed by the statute 9 Geo. IV. Cap. 31, commonly called Lord Lansdoivne'' s Act, which relates to the various offences against the person, and by section 12th enacts, that if any person shall UNITED STATES. (Mayhem.) ENGLAND. 51 In New Jersey— ^rae not ex- ceeding 1000 dollars, or impri- sonment at hard labor not ex- ceeding seven years; or both. In Delaware— -fine not ex- ceeding 2000 dollars, nor less than 400— sixty lashes — impri- sonment not exceeding two years, and afterwards to be sold as a servant for not less than four, nor more than seven years. In Virginia — imprisonment in the penitentiary not less than two years, nor more than ten, and fine of 1000 dollars. In Pennsylvania— imprison- ment : first offence, not less than one, nor more than seven years : second offence, not more than fourteen years. unlawfully and maliciously stab, cut, or wound any person, with intent to maim, disfigure, or dis- able such person, or to do him some grievous bodily harm, or with intent to resist his lawful apprehension for some offence, every such offender with his abettors shall suffer death as a felon, provided that such stabbing or cutting was committed under such circumstances, that if death had ensued therefrom it would, in law, have amounted to murder, and if it can be made to appear on the trial, that the stabbing, &c. if death had followed would not have been murder, but man- slaughter, or some less offence, the party is entitled to an acquittal. So that under this "amended" law the party who attempts or per- petrates a grievous bodily injury to another, must — either lose his life, or — suffer no punishment whatever ! HuelUng, In Maine — fighting a dueij giving a challenge, or acting as a second — subjects the party to be punished as a felonious assaulter, and disqualifies him for twenty years for holding any office under the State government. Ac- cepting a challenge — imprison- ment one year, and disqualifica- tion for five years, In Connecticut — sending or accepting a challenge to fight a duel, incurs a fine of 3000 dol- lars, and recognizances to keep the peace and good behaviour during life, and disables from ever holding any public office. In Vermont and Virginia — duelling, when death ensues, is punished with — death. Sending, or accepting a challenge — perpe- tual disqualification for any office— with a fine, in Vermont, not exceeding 1000 dollars. In New Hampshire— -accept- ing a challenge, imprisonment in the common gaol not exceeding one year, and disqualification for holding any office for five years. In Massachusetts — chal- The offence of single combat with mortal weapons, upon pre- meditation, is, if death ensues, by the letter of the law of England, murder, and the survivor and the seconds of both parties are liable to suffer — death. But the law is obsolete in practice, or is at least, never carried into effect, unless foul play, or something like assas- sination be proved ; and this dis- regard of the law in practice, arises, partly from its excessive severity, partly from the offence of duelling being countenanced and encouraged by the example of men of rank and station — and even by ministers of the crown and legislators — so that it rarely happens that a trial for duelling, where death ensues, ends in any other way than what is called an "honorable acquittal," —though the Jury, as in every case of in- dictment for murder, may return a verdict of " manslaughter" if they think fit. The sending a chal- lenge, or a provocation to fight a duel, is a misdemeanor punishable with — fine — and imprisonment. 52 UNITED STATES. (Duelling,) lenging to fight a duel, though no duel be fought, and fighting duel when death does not ensue, subjects the party to be punished as a felonious assaulter, with solitary confinement for not more than one year, — hard labor not exceeding twenty years, and dis- qualification for holding any office for twenty years. The aiders, seconds, and abettors are liable to the same punishment ; — and the accepting a challenge, though no duel ensue, incurs imprison- ment in the common gaol for not more than one year, and disqua-- lijication for office for not more than five years. Killing in a duel is punished with — death, and the body ordered for dissection, In Delaware — giving or accepting a challenge, carrying or deli- vering such challenge, engaging in or fighting a duel, or being second, whether the duel take place or not— -fine 1000 dollars, im- prisonment three months, and perpetual disqualification for holding any office in the state. In Maryland — fighting a duel, and hilling an antagonist, or wounding him so that he shall die thereof in a year and a day, and aiding and abetting — confinement in the penitentiary for not less than five years, nor more than eighteen. Giving or accepting a challenge, disqualifies ever after for any office, civil or military. In New Jersey— challenging to fight a duel, though no duel be fought, or knowingly being the bearer of a challenge, or in any way aiding or abetting— fine not exceeding 500 dollars ; or imprison- ment with hard labor not more than two years ; or both. lighting a duel, where death does not ensue, or being a second, or aiding or abetting in such duel-^ne not exceeding 1000 dollars, or impri- sonment at hard labor not exceeding four years ; or both. In Rhode Island — fighting a duel though death does not ensue — the offender to be carried publicly in a cart, with a rope about his neck, to the gallows and to sit thereon an hour ; and to be impri- soned not exceeding one year; either or both. By the code for Louisiana : Insult or provocation to fight a duel— -fine not less than 50, nor more than 300 dollars — or imprisonment not less than five, nor more than thirty days, in close custody : Giving or accepting a chaWenge— imprisonment in close custody, not less than two, nor more than six months, and suspension from political rights for four years : Fighting a duel and inflicting no wound — imprisonment not less than six, nor more than twelve months, and suspension for six years : Wounding without permanent disability — imprisonment not less than twelve, nor more than eighteen months, and suspension for eight years : Wounding with permanent disability — imprisonment not less than twelve months, and suspension from political rights and civil rights of first and third class for seven years : Wounding mortally— imprisonment not less than two, nor more than four years, and forfeiture for ever of political rights and civil rights of first and third class : Treacherously inflicting a mortal wound — the same punishment as- murder by assassination, namely, imprisonment at hard labor for life. UNITED STATES, ENGLAND. 53 In MAINE and MASSACtfU- Punishment— none -it being no setts— solitary confinement for a crime by the laws of England ! term not exceeding three months, and imprisonment to hard labor for a term not exceeding five years. In Connecticut — imprisonment not less than two, and not more than five years ; the man in the state prison, the woman in the com- mon gaol. In Rhode Island— imprisonment six months— and fine not exceeding 200 dollars. In New Jersey — imprisonment not exceeding six months, or fine not exceeding 100 dollars. In Delaware— -fine of 100 dollars. In Maryland, by a law passed as far back as 1715— a fine of £3. or 1200 lbs. of tobacco. In ViRGiNiA-^ne of 20 dollars. In New Hampshire — imprisonment in the common gaol not ex- ceeding one year— fine not exceeding 400 dollars, and a liability to recognizances with sureties for a term not exceeding five years. In Vermont — imprisonment in the state prison not exceeding three years, and fine not exceeding 1000 dollars; or either of the said punishments. In the code for LouisiANA-^we not less than 100, nor more than 2000 dollars, or imprisonment six months ; or both. Coining. (SroitUttff. In Main e — counterfeiting g old See High Treason, p . 4 1 , of which or silver coin — solitary confinement counterfeit coining is a species not exceeding one year— and hard by the laws of England, whether labor for life. the offence consists in the fraudu- In New Hampshire — solitary lent imitation of a sovereign or a confinement not more than six sixpence of the lawful coin of months — and hard labor not less this realm, or of a piece of foreign than four, nor more than ten money made current here. It is, years. of course, in all cases punished In Vermont — imprisonment in with — death. the state prison not exceeding ten years— and fine not exceeding 1000 dollars; or either. In Massachusetts— solitary confinement not exceeding one year— and hard labor for life. In Rhode Island — the pillory — to be brandedvrith the letter C — to have a part of each ear cut off— to be imprisoned not more than six years — and fined not exceeding 4,000 dollars ; or any, or all of said punishments. In Connecticut— imprisonment in the state prison not exceeding three years. In MAaYLAND— confinement in the penitentiary not less than four, nor more than ten years. In Virginia — confinement in the penitentiary not less than ten, nor more than twenty years. By Mr. Livingstone's code for Louisiana — imprisonment at hard labor not less than seven, nor more than fifteen years. £4 UNITED STATES. ENGLAND. In Maine — Forging of public records, certificates, and private securities — solitary confinement not exceeding six months — and afterwards imprisonment with hard labor not less than two, nor more than ten years. Forging bills of credit, bank bills, Sj-c. — solitary confinement not exceeding one year — and im- prisonmentwith hard labor for life. U tiering, or tendering in pay- ment false bills, notes, Sfc. know- ing them to be forged — solitary confinement not exceeding thirty days— and * hard labor not ex- ceeding three years; or by fine not exceeding 1000 dollars, — and binding to good behaviour for two years. Second conviction for the same, or conviction on three several indictments at the same court — solitary confinement not more than one year — and hard labor afterwards not less than two, nor more than ten years. Having in possession, or bring- ing into the State counterfeit bank bills with intent to pass — solitary confinement not more than three months— and hard labor not more than three years ; or by fine not exceeding 1000 dollars — and imprisonment not more than one year. Engraving, or making plates, press, Sfc. for forging, or pos- sessing such plates with intent to use — solitary confinement not exceeding three months — and hard labor afterwards not ex- ceeding three years ; or by fine not exceeding 500 dollars— and imprisonment not exceeding one year. *By ' /lard/afeor/thereadcrwill in all cases understand imprisomnent tohard labor. The fraudulent making or alter- ation of a writing to the prejudice of another's right. This offence was punishable by our ancient common law by fine and imprisonment as a misde- meanor. In the fifth year of Elizabeth the first statute was passed which visited this offence with intem- perate and cruel punishment in certain cases. By that statute it was provided, that to forge, or make, or knowingly to publish, or give in evidence any forged deed, court-roll, or will, with intent to affect the right of real property, either freehold or copy- hold, shall be punishable by a for- feiture of the party grieved of double costs and damages — by standing in the pillory, and hav- ing both ears cut off— and the nostrils slit and seared — by for- feiture to the crown of the pro- perty of the lands, and by per- petual imprisonment. For any forgery relating to a term of years, or annuity, bond, obligation, acquittance, release, or discharge of any debt, or de- mand of any personal chattels, the same forfeiture is given to the party grieved, and the offender is liable to the pillory, loss of one of his ears, and a year's imprison- ment. In both cases the second offence was made capital. It was not until the statute of the 8th and 9th William III, cap. 20, that the forging, altering, or uttering as true when forged, of any bank bills, or notes, or other securities, was made'punish- ablewith — death. Then followed a number of statutes, making va- rious descriptions of forgery, chiefly relating to paper credit, UNITED STATES. (Forgery.) ENGLAND. 55 In Massachusetts — forgery in general — solitary confinement not more than six months — and hard labor not less than two, nor more than ten years. Counterfeiting any certificate of public debt, or bank bill — • solitary confinement not exceed- ing one year — and hard labor for life. Passing any counterfeit certi- ficate of public debt, or bank bill — solitary confinement not more than thirty days — and hard labor not more than three years : or by fine not exceeding 1000 dollars — and binding to good be- haviour for two years. Second conviction — solitary confinement not more than one year — and hard labor for a term not exceed- ing ten years. Bringing counterfeit bills into the State, or having them inpos- session with intent to pass—^soli- tary confinement not more than three months — and hard labor not more than three years : — or by fine not exceeding 1000 dollars— and imprisonment not exceeding one year. Making or mending any tool to be used in counterfeiting bills, or having it in possession with intent to use — solitary confinement not exceeding three months — and hard labor not more than three years: — or by fine not exceeding 500 dollars — and imprisonment not more than one year. In New Hampshire— forgery in general — solitary confinement not more than six months — and hard labor not less than five, nor more than ten years. Passing forged notes, bills, SfC. — solitary confinement not more than four months — and hard labor not less than two, nor more than four years. capital crimes — until the sangui- nary spirit of the law shocked the feelings of mankind, and public opinion called loudly for its ame- lioration. Sir Robert Peel, profes- sing to act in accordance with pub- lic opinion, undertook to improve and ameliorate the laws of forgery. He repealed the former statutes, and introduced one bill relative to all offences of forgery, re- enacting in most cases the punish- ment of — death : which punish- ment, after repeated discussions, was repealed by the House of Commons : the bill was after- wards carried to the House of Lords, where the penalty of death was restored to it, and being brought back into the House of Commons when most of the oppo- sition members had left town on the eve of a general election, it was voted into a law, in spite of upwards of 200 petitions against it ; and among those, one petition from a thousand bankers, praying for the abolition of the punish- ment of death in all cases of forgery. The following are the provisions of this " amended" law of Sir Robert Peel : To forge, or counterfeit, or to utter, knowing the same to be forged or counterfeited, the great seal of the united kingdom — tieatf). To forge, or counterfeit his Majesty's privy seal, or any privy signet of his Majesty — tlfiltf). To forge, or counterfeit any of his Majesty's seals appointed by the twenty-fourth article of the Union to be kept, used, and con- tinued in Scotland — fcftfatJ). To forge, or counterfeit the great seal or the privy seal of Ireland— tJiatf). The forging, or altering of any Exchequer bill, or Exchequer de- benture— tll&tij • 56 UNITED STATES. (Forgery,) ENGLAND. Bringing into the State, or having in possession counterfeit bills with intent to pass them — solitary confinement not more than four months — and hard labor not less than two, nor more than five years. Making or having in possession plates, #c. with intent to make counterfeit bills— solitary con- finement not more than four months — and hard labor not less than two, nor more than five years. Forging of records, judicial proceedings, bonds, promissory notes, SfC. — solitary confinement not more than six months — and hard labor not less than three, nor more than seven years. In Vermont-— forgery in gene- ral—hard labor in state prison not more than ten years— and fine not exceeding 1000 dollars; or either. In Rhode Island— forging of notes, certificates, or other secu- rities, or bank bills— by princi- pals, or accessaries before the fact— the pillory, and while there to have a part of each ear cut off, and to be branded with the letter C — to be imprisoned not more than six years— and to be fined not exceeding 4000 dollars: or any, or all of said punish- ments. Passing forged notes, or bank bills — bringing into the State, or having in possession forged bank notes withintent to pass — making, or having in possession, plates and tools for forging, and for the forgery of records, bonds, fyc. — the same punishment. In Connecticut— forgery in general— imprisonment in the State prison not exceeding three vears — and double damages to the party injured. The uttering, disposing of, or putting off any Exchequer bill, or Exchequer debenture, knowing the same to be forged — &£At¥). The forging, or altering any indorsement on, or assignment of any Exchequer bill, or Exchequer debenture — ft££t!). The uttering, or putting off any forged indorsement on, or assign- ment of, any Exchequer bill, or Exchequer debenture, knowing the same to be forged — frftltf)- The forging, or altering any East India bond— SJftTtf). The uttering, or putting off any forged East India bond, knowing the same to be forged— &£&tf). The forging, or altering any in- dorsement on, or assignment of any East India bond — fr££tf)- The uttering any forged in- dorsement on, or assignment of, any East India bond, knowing the same to be forged — fctfatt). The forging any note, or bill of exchange of the governor and company of the Bank of England, commonly called a bank-note, a bank bill of exchange, or bank- post bill— treaty. The uttering any bank-note, bank bill of exchange, or bank post-bill, knowing the same to be forged— 0eat^. The forging any indorsement, or an assignment of any bank- note, bank bill of exchange, or bank post-bill, knowing the same to be forged — SJttUl). The uttering any forged in- dorsement on, or assignment of any bank-note, bank bill of ex- change, or bank post-bill, know- ing the same to be forged — iff rttf). The forging, or altering any will, testament, codicil, or testa- mentary -writing — tiCatf). The uttering any forged will, testament,codiciZ,or testamentary UNITED STATES. (Forgery.) ENGLAND. 57 Passing counterfeit bills, ha- ving in possession counterfeit bills with intent to pass, having in possession plates for forging bank bills, and forging public securi- ties'—the same punishment. In New Jersey— forgery in general— fine — and solitary im- prisonment, at hard labpr not ex- ceeding ten years ; or both. In Pennsylvania—; forgery —first offence — imprisonment in penitentiary not less than one, nor more than seven years. Se- cond offence, not more than ten years. In Delaware —forging pub- lic records— fine not less than 500, nor more than 4000 dollars — solitary confinement for three months— and to wear on the outside garment between the shoulders for a term not less than five years the letter F, not less than six inches long and two inches wide, and of a scarlet color. Forging bank notes, or other instruments affecting banks, or pass- ing, or attempting to pass such forged notes— fine not less than 500, nor more than 2,000 dollars — to be set on the pillory one hour — solitary confinement not ex- ceeding three months — and to wear the letter F, as above, for a term not less than two, nor more than five years. Forging promissory note, order, receipt, bill of exchange, will, or deed, or uttering the same— fine not less than 500, nor more than 2,000 dollars— pillory one hour— solitary confinement three months — and to wear the letter F, as above, and for the same term. Making plates, or instruments for counterfeiting hank bills, or having such plates in possession, or having unfinished bank bills' •with intent to ■writing, knowing the same to be forged— Ufattj. The forging any bill of ex- change — Beat!) . The uttering a forged bill of ex- change, knowing it to be forged — treaty. . The forging any promissory note for the payment of money -treatf). The uttering any forged pro- missory note for the payment of money, knowing the same to be forged— iJfatf). The forging any indorsement on, or any assignment of any bill of exchange — $eatf)- The uttering such forged in- dorsement on, or assignment of any bill of exchange, knowing it to be forged — treat!). The forging any indorsement on, or assignment of any pro- missory note for the payment of money— &£&tf). The uttering such forged in- dorsement on, or assignment of a promissory note, knowing it to be forged— treat!). The forging any acceptance on any bill of exchange— treat!)- The uttering any forged accept- ance on any bill of exchange, knowing it to be forged— treat!)- The forging, or altering any undertaking, warrant, or order for the payment of money, with intent to defraud any person whatsoever — "Ut&t I) . The uttering any forged or altered undertaking, warrant, or order for the payment of money, knowing it to be forged — treat!)- To wilfully make any false en- try, or wilfully alter any word or figure, in any of the books of account kept by the governor and company of the Bank of England — treatjj). To wilfully make any false 5*3 UNITED STATES. (Forgery. j ENGLAND. finish— fine not less than 500, nor more than 4,000 dollars — pillory one hour — lashes thirty-nine — im- prisonment not exceeding two years, and to wear the letter F, as above, for a term not less than five years. In Maryland — fixing frau- dulent or forged signatures to bank notes, or being concerned in altering or forging any bank note, or knowingly passing the same, or passing as genuine a note pur- porting to be of .a bank xohich does not exist — employing an artist to engrave, or being con- cerned in engraving any plate in imitation of bank notes, or strik- ing impressions therefrom — con- finement in the penitentiary not less than five, nor more than ten years. Second offence of forging bills — confinement in the peni- tentiary, not less than ten, nor more than twenty years. The same for forging any deed, will, bond, or receipt. Forging the Maryland brand on any hogshead or cask of tobacco — confinement in the peni- tentiary for not less than two, nor more than four years. In Virginia—; forging of bank notes, or passing or offering to pass such forged notes with in- tent to defraud — confinement in the penitentiary for not less than ten, nor more than twenty years. Forging or procuring to be forged, or keeping and concealing any instrument for the purpose of forging bank notes, or the seal of any bankiny company, or any pub- lic official seal — confinement in the penitentiary, when the offence is against a banking company, not less than five, nor more than fifteen years, when in relation to any other public seal, confine- entry, or wilfully alter any word or figure, in any of the books of account kept by the South Sea Company — treat!). The above provisions relate to the books in which the accounts of the owners of any stock, an- nuities, or other public funds transferrable at the Bank of Eng- land, or the South Sea House, are entered and kept. To wilfully make any transfer of any share or interest of or in any stock, annuity, or other public fund, which now is, or hereafter may be transferrable at the Bank of England, in the name of any person not being the true and lawful owner of such share or in- terest, with intent to defraud any person whatsoever — Jjpfltfj- To wilfully make any transfer of any share or interest of or in any stock, annuity, or other public fund, which now is, or hereafter may be, transferrable at the South Sea House, in the name of any person not being the true and lawful owner of such share or interest, with intent to defraud any person whatsoever— treat!) • To forge, or alter any transfer of any share or interest of or in any stock, annuity, or other public fund, which now is, or hereafter may be, transferrable at the Bank of England, with intent to defraud any person whatsoever — treat!) ■ To forge, or alter any transfer of any share or interest, of or in any stock, annuity, or other pub- lic fund, which now is, or here- after may be, transferrable at the South Sea House, with intent to defraud any person whatsoever —tieatfj. To forge, or alter any transfer of any share or interest, of or in the capital stock of any body cor- porate, company, or society, which UNITED STATES. (Forgery,) ENGLAND. o9 \ment in the penitentiary not less ^ ib, or hereafter may be estab- Lhan one, nor more than ten years. l j shed by charter or act of par- Forging of any cheque, post li ament O0&tj)- note, or order on any bank, or To utter any such forged trans- attempting to obtain money by fers of sh *™ s > knowing them to means of such forged cheque — be forged 0£$tj)> confinement in the penitentiary not To for S e or alter an y P ower of less than two, nor more than ten attorney, or other authority, to y ears< transfer any share or interest, of Forging of any land warrant or in an y such stock > annuity, issued by the State, or U. S. or P ubllc fund > or ca P ltal stock before any bill of credit, record, deed, mentioned, or to receive any divi- will, note, or bond— confinement not dend payable in respect of any less than one, nor more than ten such share > or interest— 0Mtf). y ears> To utter any such forged power Forging or counterfeiting the of attorney as before described, brand or mark of any inspector of knowing the same to be forged, tobacco, or exporting tobacco with or t0 demand, or endeavor to have such forged brand or mark, with an y such share or interest trans- intent to defraud— confinement in ferred > or to receive an y d m d end the penitentiary not less than one, payable in respect thereof, by vir- nor more than ten years, tue of an y such for S ed or altered power of attorney, knowing the same to be forged or altered, with intent to defraud— Jjfatf). To falsely personate any owner of such share, or interest, or dividend, and thereby transfer any share or interest belonging to such owner, or thereby receive any money due to such owner, as if such person were the lawful owner — 0£&tf)> Sucfj are ft* jrobistons of rljiss twig sansuuiarg lato ! The other offences contained in the statute relative to forgery are visited with various degrees of punishment, from transportation for life — to transportation for seven years, and from imprisonment for four years — to imprisonment for one year, allowing the court the power of making the whole, or any part, of the imprisonment solitary, or of adding to it hard labor or not, at its discretion. In New Hampshire - hard , , A11 cattle-stealing was punish. labor not less than three, noi able only as simple larceny by the more than seven years. common law. The statute passed In other States the crime is m , . the 14 \ h yf ar of Geor S e IL punished as simple larceny. whl( ; h made sheep-stealing a ca- pital oftence, also extended the penalty of death to the stealing of other sorts of cattle. The cattle to which the act applied were more particularly specified by the act of the 15 George II. cap. 34. Sir Robert Peel, in amending the law, repealed those statutes and then re-enacted their "sanguinary provisions, along with those addi- tional capital offences of his own creating which we have adverted to under the head of sheep-stealing. By Sir Robert Peel's act the 7 & 8 Geo. IV. cap. 29, the law stands at present as follows — To steal any bull, ox, cow, or heifer — death. (>0 ENGLAND. To kill any bull, ox, cow, or heifer, with intent to steal the carcass -<-death. To kill any bull, ox, cow, or heifer, with intent to steal part of the carcass— death. To kill any bull, ox, cow, or heifer, with intent lo steal the skin — (a new capital enactment of Sir Robert Peel)—- death. To steal any calf— death. To kill any calf with intent to steal the carcass — death. To kill any calf with intent to steal part of the carcass — death. To kill any calf with intent to steal the skin — death. flote to the offence of Cotters tit tf)C Utoelltltg House, in England, page 48. The first Act upon this subject was that of the 23rd Hen. VIII. cap. 1, which enacted that all persons — robbing any church, or chapel, or " robbing any person in his dwelling-house, the owner or dweller of the same house, his wife, children, or servants, then being within, and put in fear and dread by the same " — are exempt from the benefit of clergy, except such as are in the order of sub-deacon. The reader will notice that the Act of W. and M. extends the sanguinary provi- sion, by [substituting for owner, &c. — any person.— Sir Robert Peel's Bill 7 and 8 Geo. IV. cap. 29, repealed both those statutes, but revived the provisions of the more sanguinary one ! NOTICE. Contents of the three preceding Numbers on the "Punishment of Death," printed for the Society, and published by the same Booksellers. No. 1, published April 9th, 183 1, contains an affecting narrative of a young woman under nineteen, who was executed for a trivial theft com- mitted under circumstances of the most appalling distress. Her case was related by Sir Wm. Meredith in the House of Commons, in a powerful appeal against the sanguinary spirit of our criminal laws, which will be found reported at length in the same Number. (Second Edition.) Price Is. 6d. per dozen. In No. 2, published May 16th, 1831, are reported the Speeches of Earl Grey and Lord Grenvilie in the House of Lords, April 2, 1813, in the debate upon Sir Samuel Romilly's Bill for abolishing the Punishment of Death for privately stealing to the amount of Jive shillings from a shop, together with a list of the Peers who divided on that occasion. Also an extract from the Morning Herald of 19th April, 1831, relative to the case of a man who was to have been put to death that morning at Newgate, but who was respited in consequence of convincing evidence being adduced of his innocence — " another instance to be added to many on record, of the fallibility of human judgment where the awful question of life or death is to be solved by the decision." Price 2s. 6d. per dozen. No. 3. The substance of the Speeches of S. Lushington, LL.D. and J. Sydney Taylor, A.M. at a Public Meeting in Exeter-Hall, May 30, 1831, on moving and seconding the Resolution relative to the Punishment of Death. Price 3s. 6d. per dozen. In a succeeding Number, it is proposed to review the arguments of Dr. Paley on the Punishment of Death. To Correspondents. The printers of our Numbers 1, 2, 3 and 4, have been instructed to keep the press standing till the middle of September, so that any Orders may be supplied through the Country Booksellers prior to that time. Teape & Son, Printers, Tower-hill. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DDE on the last date stamped below. 1S85- SEP 2 5 WY 1 4 W 12198/ fvEC D LD-URL APR 14i9