Crime And Punishment In American History Part 12

47 Hoffer and Scott, Hoffer and Scott, Criminal Proceedings in Colonial Virginia Criminal Proceedings in Colonial Virginia, p. 121.

48 See Hening, See Hening, Statutes at Large ... of Virginia Statutes at Large ... of Virginia, Vol. 2, p. 510 (1670).

49 Douglas Greenberg, Douglas Greenberg, Crime and Law Enforcement in the Colony of New York, 1691-1776 Crime and Law Enforcement in the Colony of New York, 1691-1776 (1974), pp. 113-14. (1974), pp. 113-14.

50 Natalie E. H. Hull, Natalie E. H. Hull, Female Felons: Women and Serious Crime in Colonial Ma.s.sachusetts Female Felons: Women and Serious Crime in Colonial Ma.s.sachusetts (1987), p. 31. (1987), p. 31.

51 John M. Murrin, "Magistrates, Sinners, and Precarious Liberty: Trial by Jury in Seventeeth-Century New England," in David D. Hall, John M. Murrin, and Thad W. Tate, John M. Murrin, "Magistrates, Sinners, and Precarious Liberty: Trial by Jury in Seventeeth-Century New England," in David D. Hall, John M. Murrin, and Thad W. Tate, Saints and Revolutionaries, Essays on Early American History Saints and Revolutionaries, Essays on Early American History (1984), pp. 152, 191. (1984), pp. 152, 191.

52 Hull, Hull, Female Felons Female Felons, p. 31.

53 Oaks, "Things Fearful to Name," p. 277-78. Oaks, "Things Fearful to Name," p. 277-78.

54 This account is from David T. Konig, This account is from David T. Konig, Law and Society in Puritan Ma.s.sachusetts, Ess.e.x County, 1629-1692 Law and Society in Puritan Ma.s.sachusetts, Ess.e.x County, 1629-1692 (1979), pp. 175-76. Richard Martyn, of Ess.e.x County in Ma.s.sachusetts (1669), was another bad seed; he was convicted of "abusing his father and throwing him down, taking away his clothes and holding up an axe against him." For this he earned, not the gallows, but a whipping of "ten stripes." (1979), pp. 175-76. Richard Martyn, of Ess.e.x County in Ma.s.sachusetts (1669), was another bad seed; he was convicted of "abusing his father and throwing him down, taking away his clothes and holding up an axe against him." For this he earned, not the gallows, but a whipping of "ten stripes." Records and Files of the Quarterly Courts of Ess.e.x County, Ma.s.sachusetts, Records and Files of the Quarterly Courts of Ess.e.x County, Ma.s.sachusetts, Vol. IV, 1667-1671 (1914), pp. 186-87. Vol. IV, 1667-1671 (1914), pp. 186-87.

55 Chapin, Criminal Justice in Colonial America, p. 58. Chapin, Criminal Justice in Colonial America, p. 58.

56 Negley K. Teeters, "Public Executions in Pennsylvania: 1682-1834," in Eric H. Monkkonen, Negley K. Teeters, "Public Executions in Pennsylvania: 1682-1834," in Eric H. Monkkonen, Crime and Justice in American History: The Colonial and Early Republic, Crime and Justice in American History: The Colonial and Early Republic, Vol. 2(1991), pp. 756, 790, 831-32. Vol. 2(1991), pp. 756, 790, 831-32.

57 Arthur P. Scott, Arthur P. Scott, Criminal Law in Colonial Virginia Criminal Law in Colonial Virginia (1930), p. 119. (1930), p. 119.

58 Greenberg, Greenberg, Crime ... in the Colony of New York, Crime ... in the Colony of New York, p. 130. p. 130.

59 Ibid. Ibid.

60 Goebel and Naughton, Goebel and Naughton, Law Enforcement in Colonial New York Law Enforcement in Colonial New York, pp. 755-56.

61 George Lee Haskins, George Lee Haskins, Law and Authority in Early Ma.s.sachusetts: A Study in Tradition and Design Law and Authority in Early Ma.s.sachusetts: A Study in Tradition and Design (1960), p. 150. (1960), p. 150.

62 Hening, Hening, Statutes of Virginia Statutes of Virginia, Vol. 6 (1819), p. 121 (act of Oct. 1748).

63 On the rule, see Haskins, op. cit., pp. 152-53; Marcus, op. cit., pp. 116-18. On the rule, see Haskins, op. cit., pp. 152-53; Marcus, op. cit., pp. 116-18.

64 Jeffrey K. Sawyer, "'Benefit of Clergy' in Maryland and Virginia," Jeffrey K. Sawyer, "'Benefit of Clergy' in Maryland and Virginia," American Journal of Legal History American Journal of Legal History 33:49 (1990); George W. Dalzell, 33:49 (1990); George W. Dalzell, Benefit of Clergy in America Benefit of Clergy in America (1955). (1955).

65 J. Hall Pleasants, ed., J. Hall Pleasants, ed., Proceedings of the Provincial Court of Maryland, 1663-1666 Proceedings of the Provincial Court of Maryland, 1663-1666 (Archives of Maryland, xlix, 1932), pp. 298-99. Later, Pope Alvey was in trouble again: he was indicted for stealing and killing a "Certaine Cow of black Culler" belonging to William Evans. Convicted, Alvey claimed benefit of clergy, but it was denied him, "the Record makeing it manefest that he have had it allready allowed him in this same Court." He was sentenced to death, but his sentence was commuted by the Governor. Ibid., pp. 150-52. (Archives of Maryland, xlix, 1932), pp. 298-99. Later, Pope Alvey was in trouble again: he was indicted for stealing and killing a "Certaine Cow of black Culler" belonging to William Evans. Convicted, Alvey claimed benefit of clergy, but it was denied him, "the Record makeing it manefest that he have had it allready allowed him in this same Court." He was sentenced to death, but his sentence was commuted by the Governor. Ibid., pp. 150-52.

66 William S. Price, Jr., ed., William S. Price, Jr., ed., North Carolina Higher-Court Records, 1702-1708 North Carolina Higher-Court Records, 1702-1708 (Colonial Records of North Carolina, Vol. 4, 1974), pp. 33-34. (Colonial Records of North Carolina, Vol. 4, 1974), pp. 33-34.

67 Chapin, Criminal Justice in Colonial America, Chapin, Criminal Justice in Colonial America, pp. 48-50. pp. 48-50.

68 There is some evidence that in seventeenth-century Maryland the courts still took seriously the notion that a defendant had to be actually able to read. Peter G. Yackel, "Benefit of Clergy in Colonial Maryland," There is some evidence that in seventeenth-century Maryland the courts still took seriously the notion that a defendant had to be actually able to read. Peter G. Yackel, "Benefit of Clergy in Colonial Maryland," Maryland Historical Magazine Maryland Historical Magazine 69:383 (1974). 69:383 (1974).

69 George W. Dalzell, George W. Dalzell, Benefit of Clergy in America and Related Matters Benefit of Clergy in America and Related Matters (1955), p. 98. (1955), p. 98.

70 Quoted in Hugh F. Rankin, Quoted in Hugh F. Rankin, Criminal Trial Proceeding in the General Court of Colonial Virginia Criminal Trial Proceeding in the General Court of Colonial Virginia (1965), p. 108. (1965), p. 108.

71 Hoffer and Scott, Hoffer and Scott, Criminal Proceedings in Colonial Virgina, Criminal Proceedings in Colonial Virgina, p. lxxii. p. lxxii.

72 Hening, Hening, Statutes of Virginia Statutes of Virginia, Vol. 4, p. 271, pp. 324-25.

73 David H. Flaherty, "Criminal Practice in Provincial Ma.s.sachusetts," in David H. Flaherty, "Criminal Practice in Provincial Ma.s.sachusetts," in Law in Colonial Ma.s.sachusetts, 1630-1800 Law in Colonial Ma.s.sachusetts, 1630-1800 (Vol. 62, Publications of the Colonial Society of Ma.s.sachusetts, 1984), pp. 191, 236-39. (Vol. 62, Publications of the Colonial Society of Ma.s.sachusetts, 1984), pp. 191, 236-39.

74 Laws and Liberties Laws and Liberties, at pp. 4-5.

75 Philip Schwarz, Philip Schwarz, Twice Condemned: Slaves and the Criminal Laws of Virginia Twice Condemned: Slaves and the Criminal Laws of Virginia, 1705-1865 1705-1865 (1989), p. 15. (1989), p. 15.

76 See Daniel Horsmanden, See Daniel Horsmanden, The New York Conspiracy The New York Conspiracy (ed., Thomas J. Davis, 1971; the original was published in 1744). (ed., Thomas J. Davis, 1971; the original was published in 1744).

77 See, for example, Kai Erikson, See, for example, Kai Erikson, Wayward Puritans: A Study in the Sociology of Deviance Wayward Puritans: A Study in the Sociology of Deviance (1966), pp. 141-59; Paul Boyer and Stephen Nissenbaum, (1966), pp. 141-59; Paul Boyer and Stephen Nissenbaum, Salem Possessed Salem Possessed: The Social Origins of Witchcraft The Social Origins of Witchcraft (1974). On witchcraft in the colonies more generally, see John P. Demos, (1974). On witchcraft in the colonies more generally, see John P. Demos, Entertaining Satan: Withcraft in the Culture of Early New England Entertaining Satan: Withcraft in the Culture of Early New England (1982); Carol F. Karlsen, (1982); Carol F. Karlsen, The Devil in the Shape of a Woman: Witchcraft in Colonial New England The Devil in the Shape of a Woman: Witchcraft in Colonial New England (1987). (1987).

78 I am indebted to Darryl L. Peterkin, a graduate student in history at Princeton University, for the material on Grace Sherwood and on witchcraft in North Carolina in general. I am indebted to Darryl L. Peterkin, a graduate student in history at Princeton University, for the material on Grace Sherwood and on witchcraft in North Carolina in general.

79 Demos, Demos, Entertaining Satan, Entertaining Satan, pp. 179, 181. pp. 179, 181.

80 Quoted in George Lincoln Burr, ed., Quoted in George Lincoln Burr, ed., Narratives of the Witchcraft Cases, 1648-1706 Narratives of the Witchcraft Cases, 1648-1706 (1914), p. 413. (1914), p. 413.

81 Paul Boyer and Stephen Nissenbaum, Paul Boyer and Stephen Nissenbaum, Salem-Village Witchcraft: Salem-Village Witchcraft: A A Doc.u.mentary Record of Local Conflict in Colonial New England Doc.u.mentary Record of Local Conflict in Colonial New England (1972), pp. 9-12. (1972), pp. 9-12.

82 Burr, Burr, Narratives Narratives (letter of Governor William Phips), p. 196. (letter of Governor William Phips), p. 196.

83 David T. Konig, David T. Konig, Law and Society in Puritan Ma.s.sachusetts: Ess.e.x County, 1629-1692 Law and Society in Puritan Ma.s.sachusetts: Ess.e.x County, 1629-1692 (1979), pp. 171-72. (1979), pp. 171-72.

84 Ibid., pp. 173-74. Ibid., pp. 173-74.

85 Erikson, Erikson, Wayward Puritans Wayward Puritans, p. 149.

86 Karlsen, Karlsen, The Devil in the Shape of a Woman, The Devil in the Shape of a Woman, p. 181. p. 181.

87 Horsmanden, Horsmanden, The New York Conspiracy The New York Conspiracy, pp. 273-74. When Hughson was on the way to the gallows, he was seen "to have a red spot on each cheek, about the bigness of a s.h.i.+lling, which at that time [was] thought very remarkable, for he was always pale of visage" (p. 165).

88 Pleasants, Pleasants, Proceedings of the County Court of Charles County Proceedings of the County Court of Charles County, pp. 163-64.

89 Greenberg, Greenberg, Crime Crime ... in the Colony of New York, ... in the Colony of New York, p. 125. On the colonial background of imprisonment in general, see Adam J. Hirsch, p. 125. On the colonial background of imprisonment in general, see Adam J. Hirsch, The Rise of the The Rise of the Penitentiary: Penitentiary: Prisons Prisons and and Punishment in Early America Punishment in Early America (1992). (1992).

90 H. Clay Reed and George J. Miller, H. Clay Reed and George J. Miller, The The Burlington Burlington Court Book: A Record of Quaker Court Book: A Record of Quaker Jurisprudence Jurisprudence in West New Jersey, in West New Jersey, 1680-1705 1680-1705 (1944), pp. 79-80. (1944), pp. 79-80.

91 There is abundant material on imprisonment for debt during the colonial period in Peter J. Coleman, There is abundant material on imprisonment for debt during the colonial period in Peter J. Coleman, Debtors Debtors and and Creditors in Creditors in America: America: Insolvency Insolvency, Imprisonment for Debt and Bankruptcy, Imprisonment for Debt and Bankruptcy, 1607-1900 1607-1900 (1974). (1974).

92 Laws N.H. 1718, pp. 254-55. Laws N.H. 1718, pp. 254-55.

93 Coleman, Coleman, Debtors and Creditors Debtors and Creditors, p. 75.

94 Staughton George et al., eds., Staughton George et al., eds., Charter to William Penn and the Laws of the Province of Pennsylvania pa.s.sed between the years 1682 and 1700 Charter to William Penn and the Laws of the Province of Pennsylvania pa.s.sed between the years 1682 and 1700 (1879), p. 121 ("Great Law or The Body of Laws" of 1682, chap. 53, 54). (1879), p. 121 ("Great Law or The Body of Laws" of 1682, chap. 53, 54).

95 Laws N.H. 1718, pp. 73-74. Laws N.H. 1718, pp. 73-74.

96 Laws Gen'l. Ct., Ma.s.sachusetts Bay, 1673, p. 8. Laws Gen'l. Ct., Ma.s.sachusetts Bay, 1673, p. 8.

97 Quoted in Philip D. Jordan, Quoted in Philip D. Jordan, Frontier Law and Order Frontier Law and Order (1970), p. 140. (1970), p. 140.

98 Greenberg, Greenberg, Crime Crime ... ... in the Colony of New York in the Colony of New York, p. 50.

99 Hull, Hull, Female Felons Female Felons, p. 61.

100 Ibid., p. 53. Ibid., p. 53.

101 Hull, Hull, Female Felons Female Felons, p. 115.

102 Acts and Laws, General Court of Ma.s.sachusetts Bay, 1692, p. 186; see Hull, Acts and Laws, General Court of Ma.s.sachusetts Bay, 1692, p. 186; see Hull, Female Felons Female Felons, p. 27. Apparently, however, no woman was ever, in fact, executed for concealing a birth.

103 Peter C. Hoffer and Natalie E. H. Hull, Peter C. Hoffer and Natalie E. H. Hull, Murdering Mothers: Infanticide in England and New England Murdering Mothers: Infanticide in England and New England, 1558-1803 1558-1803 (1981), p. 74. On similar leniency in Pennsylvania, despite a fair number of convictions, and eight executions, see G. S. Rowe, "Infanticide, Its Judicial Resolution, and Criminal Code Revision in Early Pennsylvania," (1981), p. 74. On similar leniency in Pennsylvania, despite a fair number of convictions, and eight executions, see G. S. Rowe, "Infanticide, Its Judicial Resolution, and Criminal Code Revision in Early Pennsylvania," Proceedings of the American Philosophical Society Proceedings of the American Philosophical Society 135:200 (1991). 135:200 (1991).

104 Eli Faber, "Puritan Criminals: The Economic, Social, and Intellectual Background to Crime in Seventeenth-Century Ma.s.sachusetts," Eli Faber, "Puritan Criminals: The Economic, Social, and Intellectual Background to Crime in Seventeenth-Century Ma.s.sachusetts," Perspectives in American History Perspectives in American History 11:81 (1977-78). 11:81 (1977-78).

105 Peter C. Hoffer, "Disorder and Deference: The Paradoxes of Criminal Justice in the Colonial Tidewater," in David J. Bodenhamer and James W. Ely, Jr., eds., Peter C. Hoffer, "Disorder and Deference: The Paradoxes of Criminal Justice in the Colonial Tidewater," in David J. Bodenhamer and James W. Ely, Jr., eds., Ambivalent Legacy Ambivalent Legacy: A Legal History of the South A Legal History of the South (1984), pp. 187, 193-94. (1984), pp. 187, 193-94.

106 William S. Price, ed., North William S. Price, ed., North Carolina Higher-Court Records Carolina Higher-Court Records, 1702-1708 1702-1708 (Colonial Records of No. Car., 2d Ser., Vol. 4, 1974), pp. 351-52. (Colonial Records of No. Car., 2d Ser., Vol. 4, 1974), pp. 351-52.

107 Faber, Faber, Puritan Criminals Puritan Criminals, pp. 138-43.

108 Hoffer, "Disorder and Deference," p. 193. Hoffer, "Disorder and Deference," p. 193.

109 Louis B. Wright and Marion Tinling, Louis B. Wright and Marion Tinling, The Secret Diary of William Byrd of Westover The Secret Diary of William Byrd of Westover, 1709-1712 (1941), pp. 112, 113, 119, 585.

110 William W. Hening, ed., William W. Hening, ed., Statutes at Large ... Statutes at Large ... of of Virginia, Virginia, Vol. III (1812), p. 459. Vol. III (1812), p. 459.

111 Scott, Scott, Criminal Law in Colonial Virginia Criminal Law in Colonial Virginia, pp. 202-3.

112 Richard Gaskins, "Changes in the Criminal Law in Eighteenth-Century Connecticut," Richard Gaskins, "Changes in the Criminal Law in Eighteenth-Century Connecticut," American Journal of Legal History American Journal of Legal History 25:309, 319 (1981). 25:309, 319 (1981).

113 William E. Nelson, William E. Nelson, Americanization of the Common Law: The Americanization of the Common Law: The Impact Impact of of Legal Legal Change on Ma.s.sachusetts Society, 1760-1830 Change on Ma.s.sachusetts Society, 1760-1830 (1975), p. 39. (1975), p. 39.

114 Hendrik Hartog, "The Public Law of a County Court: Judicial Government in Eighteenth-Century Ma.s.sachusetts," Hendrik Hartog, "The Public Law of a County Court: Judicial Government in Eighteenth-Century Ma.s.sachusetts," American Journal of Legal History American Journal of Legal History 20:282, 302-3 (1976). 20:282, 302-3 (1976).

115 Hoffer and Scott, Hoffer and Scott, Criminal Proceedings in Colonial Virginia Criminal Proceedings in Colonial Virginia, p. lvi (table 5).

116 For the trial, see Stanley N. Katz, ed., For the trial, see Stanley N. Katz, ed., A Brief Narrative of the Case and Trial of John Peter Zenger A Brief Narrative of the Case and Trial of John Peter Zenger (1963). (1963).

117 See Leonard W. Levy, See Leonard W. Levy, Emergence of a Free Emergence of a Free Press (1985), pp. 125-33. Press (1985), pp. 125-33.

118 David J. Bodenhamer, David J. Bodenhamer, Fair Fair Trial: Trial: Rights of the Accused in American History Rights of the Accused in American History (1992), p. 28. (1992), p. 28.

119 Thomas Barnes, ed., Thomas Barnes, ed., The Book of the The Book of the General Lawes and Libertyes Concerning the Inhabitants of Ma.s.sachusetts General Lawes and Libertyes Concerning the Inhabitants of Ma.s.sachusetts (facsimile ed., 1975), p. 50. (facsimile ed., 1975), p. 50.

120 See John Langbein, "Criminal Law Before the Lawyers," See John Langbein, "Criminal Law Before the Lawyers," University of University of Chicago Law Review Chicago Law Review 45:263 (1976). 45:263 (1976).

121 For Ma.s.sachusetts, see Gerard W. Gawalt, For Ma.s.sachusetts, see Gerard W. Gawalt, The Promise of Power The Promise of Power: The Emergence of the Legal Profession in Ma.s.sachusetts The Emergence of the Legal Profession in Ma.s.sachusetts, 1760-1840 1760-1840 (1979). (1979).

122 Goebel and Naughton, Goebel and Naughton, Law Enforcement in Colonial New York Law Enforcement in Colonial New York, p. 574.

123 William S. McAninch, "Criminal Procedure and the South Carolina Jury Act of 1731," in Herbert Johnson, ed., William S. McAninch, "Criminal Procedure and the South Carolina Jury Act of 1731," in Herbert Johnson, ed., South Carolina Legal South Carolina Legal History (1980), pp. 181, 182-83. The act also recited that judges in the colony, who "ought to a.s.sist the prisoner in matters of law, cannot be presumed to have so great knowledge and experience as the great judges and sages of the law, sitting ... at Westminster." History (1980), pp. 181, 182-83. The act also recited that judges in the colony, who "ought to a.s.sist the prisoner in matters of law, cannot be presumed to have so great knowledge and experience as the great judges and sages of the law, sitting ... at Westminster."

124 Rankin, Rankin, Criminal Trial Proceedings, Criminal Trial Proceedings, pp. 89-90. pp. 89-90.

CHAPTER 3. THE MECHANICS OF POWER: THE REPUBLICAN PERIOD.

1 Samuel Walker, Samuel Walker, Popular Popular Justice: Justice: A History of American Criminal A History of American Criminal Justice Justice (1980), pp. 35-45. (1980), pp. 35-45.

2 On the social revolution, and its relations.h.i.+p to the political revolution, see the important study by Gordon S. Wood, On the social revolution, and its relations.h.i.+p to the political revolution, see the important study by Gordon S. Wood, The Radicalism of the The Radicalism of the American Revolution American Revolution (1992). (1992).

3 Douglas Hay, "Property, Authority and the Criminal Law," in Douglas Hay et al., Douglas Hay, "Property, Authority and the Criminal Law," in Douglas Hay et al., Albion's Fatal Tree: Albion's Fatal Tree: Crime and Society in Eighteenth-Century England Crime and Society in Eighteenth-Century England (1975). (1975).

4 Edward Livingston, Edward Livingston, Complete Works of Edward Livingston on Criminal Complete Works of Edward Livingston on Criminal Jurisprudence Jurisprudence (1873), Vol. 1, p. 148. (1873), Vol. 1, p. 148.

5 7 Cranch 32 (1812). 7 Cranch 32 (1812).

6 Kanavan's Case, 1 Greenleaf (Me.) 226 (1821). The underlying crime was concealment of the birth of a b.a.s.t.a.r.d. Kanavan was indicted in "that he counselled and advised M. E., then pregnant with a b.a.s.t.a.r.d child, to bring it forth alone and in secret," as well as for throwing the dead child in the river. He was sentenced to eight months' imprisonment. Kanavan's Case, 1 Greenleaf (Me.) 226 (1821). The underlying crime was concealment of the birth of a b.a.s.t.a.r.d. Kanavan was indicted in "that he counselled and advised M. E., then pregnant with a b.a.s.t.a.r.d child, to bring it forth alone and in secret," as well as for throwing the dead child in the river. He was sentenced to eight months' imprisonment.

7 Commonwealth v. McHale, 97 Pa. St. 407 (1881). Commonwealth v. McHale, 97 Pa. St. 407 (1881).

8 Vanvalkenburg v. Ohio, 11 Ohio 405 (1842). Vanvalkenburg v. Ohio, 11 Ohio 405 (1842).

9 Rev. Stats. Ind., chap. 61, sec. 2, p. 352. Rev. Stats. Ind., chap. 61, sec. 2, p. 352.

10 Similarly, there was a maxim that criminal laws were supposed to be "construed strictly." Joel P. Bishop, Similarly, there was a maxim that criminal laws were supposed to be "construed strictly." Joel P. Bishop, Commentaries on the Criminal Law Commentaries on the Criminal Law (2d ed., Vol. 1, 1858), p. 114. (2d ed., Vol. 1, 1858), p. 114.

11 Jeffrey K. Sawyer, "'Benefit of Clergy' in Maryland and Virginia," Jeffrey K. Sawyer, "'Benefit of Clergy' in Maryland and Virginia," American Journal of Legal History American Journal of Legal History 34:49, 66-67 (1990). 34:49, 66-67 (1990).

12 On the law of treason, see James Willard Hurst, On the law of treason, see James Willard Hurst, The Law of Treason in the United States: Collected Essays The Law of Treason in the United States: Collected Essays (1971), chap. 3. (1971), chap. 3.

13 Ibid., pp. 83-84. On the English law, see 4 Blackstone's Commentaries, 81-83. Ibid., pp. 83-84. On the English law, see 4 Blackstone's Commentaries, 81-83.

14 Hurst, Hurst, The The Law of Law of Treason Treason, pp. 102, 104.

15 Laws of the State of New York... since the Revolution Laws of the State of New York... since the Revolution, Vol. 1, p. 26 (1792), act of Oct. 22, 1779.

16 Quoted in Negley K. Teeters, "Public Executions in Pennsylvania: 1682-1834," in Eric Monkkonen, ed., Quoted in Negley K. Teeters, "Public Executions in Pennsylvania: 1682-1834," in Eric Monkkonen, ed., Crime and Justice in American History: The Colonies and Early Republic Crime and Justice in American History: The Colonies and Early Republic (Vol. 2, 1991), pp. 756, 764. (Vol. 2, 1991), pp. 756, 764.

17 See 4 Blackstone's Commentaries 84. See 4 Blackstone's Commentaries 84.

18 Laws of the State of New York... since the Revolution Laws of the State of New York... since the Revolution, Vol. 1, pp. 335-36 (1792), act of Feb. 14, 1787.