The Land We Live In: The Story of Our CountryMann, Henry
History
The Land We Live In: The Story of Our Country
Mann, Henry
United States -- History
While holding their own against foreign enemies on land and sea the
United States were assuming the lead in the march of civilization.
Manhood suffrage was gradually taking the place of property suffrage,
liberty of worship was recognized in practice as well as theory, and the
criminal laws showed a growing spirit of humanity. Capital crimes were
few, as compared with Great Britain. "The severity of our criminal laws,"
wrote William Bradford, the distinguished jurist, and for some time
Attorney-General of the United States, "is an exotic plant, and not the
growth of Pennsylvania." And Pennsylvania, when left to her own
influences and tendencies by the success of the Revolution, was not slow
to adopt humane and gratifying reforms, uttering far in advance of some
other commonwealths the declaration that "to deter more effectually from
the commission of crimes by continued visible punishment of long
duration, and to make sanguinary punishments less necessary, houses ought
to be provided for punishing by hard labor those who shall be convicted
of crimes not capital." In September, 1786, the laws of that State were
amended so as to substitute imprisonment at hard labor for capital
punishment for robbery, burglary, and one other crime, and it was
provided that no attainder should work corruption of blood in any case,
and that the estates of persons committing suicide should descend to
their natural heirs. It was likewise enacted that "every person convicted
of bigamy, or of being accessory after the fact in any felony, or of
receiving stolen goods, knowing them to have been stolen, or of any other
offence not capital, for which, by the laws now in force, burning in the
hand, cutting off the ears, nailing the ear or ears to the pillory,
placing in and upon the pillory, whipping, or imprisonment for life, is,
or may be inflicted, shall, instead of such parts of the punishment, be
fined and sentenced to hard labor for any term not exceeding two years."
Also, as if dreading that lax laws might lead to a carnival of crime, the
legislators restricted the operation of the new and lenient statute to
three years. The act was renewed, however, at the close of that term, and
finally, in 1794, the reform of the criminal code was crowned with the
declaration that "no crime whatever, excepting murder of the first
degree, shall hereafter be punished with death."
Other States either kept pace with or followed the example of
Pennsylvania in making their criminal laws more reformatory and less
vindictive, and while England affected to despise American civilization,
America was leading England in the march of humanity.
Public-domain text, read in full here on John Shaqi.
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