with the assistance of pious teachers from the city. He is, also, contemplating more vigorous and systematic instruction for the other hours of the Sabbath, and morning and evening prayers, with the reading of the Scriptures every day in the week. For all these purposes, the area between the cells furnishes light, airy, safe, convenient, and very pleasant accommodation.

New Penitentiary in Washington.-This building is now finished in an economical and substantial manner, on the general plan of the prison at Auburn.

Remarks on the Criminal Laws of the United States; extracted from the Fourth Report of the Boston Prison Discipline Society; May, 1829.

Inequality of the Laws in regard to Capital Punishments.

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In Maine, treason; murder, or being accessary thereto before the fact; rape, or being accessary thereto before the fact; burning a dwelling-house in the night time, or being accessary thereto before the fact; burglary, or being accessary thereto before the fact, when the offender is armed with a dangerous weapon, or makes an assault; robbery, when the offender is armed with a dangerous weapon, and intends to kill,—are punished with DEATH.

In New Hampshire, treason and murder,—are punished with DEATH.

In Vermont, treason; murder; false witness affecting life, if life be taken; arson, where any person suffers death in consequence, or is injured in his or her body or members; and killing a person in a duel,—are punished with

DEATH.

In Massachusetts, treason; murder, or being accessary before the fact; killing in a duel; robbery, where an assault is made with a dangerous weapon, with intent to kill or maim, or if the person robbed is struck or wounded with such weapon; arson, or burning a dwelling-house in the night-time, or accessary thereto before the fact; rape, and accessary thereto before the fact; carnally knowing and abusing a female under ten years of age, and being accessary thereto before the fact; burglary, when armed with a dangerous weapon, and those accessary before the fact, and aiding and abetting,—are punished with

DEATH.

In Rhode Island, murder; arson, or accessary before the fact; rape, or aecessary before the fact; robbery, or accessary before the fact; burglary, or accessary before the fact; treason; sodomy, second offence,—are punished with

DEATH.

In Connecticut, treason; murder; perjury, with intent to take life; arson, causing death or endangering the life of any person; burning any building other than a dwelling-house, and causing death; cutting out the tongue, or putting out the eye, &c. with malice; and rape,—are punished with DEATH.

In New Jersey, treason; murder; sheriff or other officers guilty of voluntary escapes in capital cases; rescue of persons guilty of capital crimes; and second offence of manslaughter, sodomy, rape, arson, burglary, robbery, and forgery, -are punished with DEATH.

In Delaware, treason; murder; rape; burglary; arson; burning any dwelling-house, court-house, or any office in which public records are kept; kidnapping or assisting, second offence,-are punished with DEATH.

In Pennsylvania, murder, in the first degree, is punished with Death. In Maryland, treason is punished with death, or confinement to hard labour in the penitentiary, for not less than six nor more than twenty years. Insurrection, or rebellion by free negroes, mulattoes, or slaves, and by white persons with

them, are punished with death. Murder of the first degree, and aiding; rape, or being accessary; carnal knowledge, and abuse of a female child under ten years, are punished with death, or confinement in the penitentiary for not less than one nor more than twenty-one years. Arson is punished with death, or the penitentiary for not less than five nor more than twenty years. Wilfully burning any mill, distillery, or any out-house, not being part of a dwellinghouse, or burning any stack of hay, &c. or aiding therein, is punished with death, or the penitentiary for not more than twelve nor less than three years.

In Virginia, treason; slaves conspiring to rebel or to murder any free person; free persons advising or conspiring with a slave in rebellion or murder; murder in the first degree; killing a person in a duel; rape by a slave; carnally knowing or abusing a female child under ten years of age, or accessary before the fact by a slave; buggery with man or beast by a slave; wilfully setting fire to any house in a town by night or day; slaves wilfully burning any barn, stable, shop, corn-house, &c.; feloniously breaking any warehouse or storehouse, and taking money, goods, chattels, &c. or aiding and abetting by a slave; and arson, -are punished with DEATH. Accessaries to arson, if a free person, not less than ten nor more than twenty-one years; if a slave, DEATH.

In Mr. Livingston's code for Louisiana, no crime is punished with death.

Inequality of the Punishments for those Crimes, which in some of the States are, and in others are not, punished with Death.

TREASON, which, in all the States mentioned above, with two exceptions, is punished with death, is punished in Pennsylvania, for the first offence, with mprisonment for not less than three nor more than six years; and for the second offence, for not exceeding ten years.

ARSON, in Maine, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware, Maryland, and Virginia is punished with death; in New Hampshire, with solitary confinement, for not more than six months and hard labour for life; in Vermont, if life is not lost in consequence, nor person nor limb injured, with hard labour not exceeding ten years, and fine not exceeding 1000 dollars, or either of said punishments; and in Pennsylvania, with imprisonment in the penitentiary for the first offence, for not less than one nor more than ten years, and for the second offence, for not more than fifteen years;-by the code for Louisiana with imprisonment for life.

RAPE, in Maine, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware, Maryland, and if by a slave in Virginia, is punished with death; in New Hampshire, is punished with solitary confinement for not less than six months, and afterwards with hard labour for life; in Vermont, with hard labour not exceeding ten years, and fine not exceeding 1000 dollars, or either of said punishments; in Pennsylvania, for the first offence, with imprisonment not less than two nor more than twelve years; and in Virginia, if by a free person, with imprisonment in the penitentiary for not less than ten nor more than twenty years;-by the code of Louisiana, with hard labour for life.

BURGLARY, when the offender is armed with a dangerous weapon, in Maine and Massachusetts, and whether thus armed or not, in Rhode Island and Delaware, and for second offence, in New Jersey, is punished with death; in New Hampshire, it is punished with solitary confinement for not more than six months, and hard labour for life; in Vermont, with imprisonment in the state prison not exceeding fifteen years, and fine not exceeding 1000 dollars, or either of said punishments; in Connecticut, imprisonment not exceeding three years, or if attended with personal abuse, or armed with a dangerous weapon, for life, or for a term of years not exceeding seven; in Pennsylvania, first offence,

imprisonment not less than one nor more than ten years; for second offence, not exceeding fifteen years; in Maryland, with restoration of property, or paying the value, and imprisonment in the penitentiary not less than three nor more than ten years; and in Virginia, with restoration or payment, and imprisonment in the penitentiary not less than five nor more than ten years;—by the code for Louisiana, with imprisonment for not less than ten nor more than fifteen years.

SODOMY, second offence in Rhode Island, second offence in New Jersey, by a slave in Virginia, is punished with death; in Maine, with solitary imprisonment not exceeding one year, and imprisonment at hard labour not exceeding ten years; in Connecticut, imprisonment for life; in Massachusetts, solitary confinement not more than one year, and hard labour after not exceeding ten years; in New Jersey, fine and solitary imprisonment with hard labour not exceeding twenty-one years; in Delaware, solitary imprisonment not exceeding three years, and whipping publicly with sixty lashes on the bare back; in Pennsylvania, first offence, for not less than one nor more than five years, second offence, not more than ten years; in Maryland, imprisonment in the penitentiary for not less than one nor more than ten years; in Virginia, imprisonment in the penitentiary for not less than one nor more than ten years.

ROBBERY, in Maine and Massachusetts, when the offender is armed with a dangerous weapon, and intends to kill, is punished with death; in Rhode Island, with death; in New Hampshire, it is punished with solitary confinement for not more than six months, and afterwards with hard labour for life; in Vermont, imprisonment not exceeding fifteen years, and fine not exceeding 1000 dollars, or either of said punishments, second conviction, imprisonment for life, or not less than seven years; in Connecticut, imprisonment not exceeding seven years; in New Jersey, fine and solitary imprisonment with hard labour not exceeding fifteen years; in Delaware, on or near the highway, or in a dwellinghouse, fine not less than 1000 dollars nor more than 5000 dollars, the pillory for one hour, sixty lashes on the bare back well laid on, imprisoned not exceeding four years, and afterwards sold as a servant for fifteen years-if committed in any other place than as above, fine not less than 500 dollars nor more than 2000 dollars, thirty-nine lashes as before, imprisonment not more than two years, and afterwards sold as a servant for ten years; in Pennsylvania, first offence, not less than one nor more than seven years, second offence, not more than twelve years; in Maryland, restoration or payment of the value, and imprisonment in the penitentiary not less than three nor more than ten years; in Virginia, restoration or payment, and imprisonment in the penitentiary not less than five nor more than ten years;-by the code for Louisiana, with imprisonment at hard labour for not less than seven nor more than fifteen years.

MAYHEM, in Connecticut, when the tongue is cut out, or the eye is put out with malice, is punished with death; in Maine, it is punished with solitary imprisonment not exceeding one year, and imprisonment with hard labour, or in the county gaol not exceeding ten years; in New Hampshire, solitary confinement not less than six months, and labour not less than one year nor more than twenty years; in Vermont, imprisonment for life, or a term of years not less than seven; in Rhode Island, with a fine not less than 50 dollars nor more than 2000 dollars, and imprisonment for not more than two years; in Massachusetts, solitary confinement not exceeding one year, and hard labour or imprisonment in the county gaol for any time not exceeding ten years; in New Jersey, fine not exceeding 1000 dollars, or imprisonment at hard labour not exceeding seven years, or both; in Delaware, fine not exceeding 2000 dollars nor less than 400 dollars, whipped on the bare back with sixty lashes, imprisoned for not exceeding two years, and afterwards sold as a servant for not less

than four years nor more than seven years; in Maryland, penitentiary imprisonment for not more than ten years; in Virginia, penitentiary for not more than ten nor less than two years, and fine not exceeding 1000 dollars.

DUELLING, killing a person in a duel, in Vermont and Virginia, is punished with death; in Maine, fighting a duel, giving a challenge, or acting as a second, is punished as a felonious assaulter, and disqualified for twenty years from holding any office under the state government; in New Hampshire, accepting a challenge, imprisonment in the common gaol not exceeding one year, and disqualified from holding any office for five years; in Connecticut, sending or accepting a challenge to fight a duel, fine of 3000 dollars, and bonds to keep the peace and good behaviour during life, and disabled from holding any officedelivering a challenge, the same punishment, except not finding securities for good behaviour; in Rhode Island, though death does not ensue, to be carried publicly in a cart with a rope about the neck to the gallows, and sit thereon for one hour, and be imprisoned not exceeding one year, either or both; in Massachusetts, when death shall not ensue, and challenging to a duel, though no duel be fought, and a second, aider, or abettor, punished as a felonious assaulter, solitary confinement not more than one year, and hard labour not exceeding twenty years, and disqualified from holding office for twenty years-accepting a challenge, though no duel ensue, and thus aiding and abetting, imprisonment in common gaol not more than one year, and disqualified from holding any office for five years; 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 imprisonment with hard labour not more than two years, or both-fighting a duel when death does not ensue, or being a second, or aiding or abetting in such duel, fine not exceeding 1000 dollars, and imprisonment at hard labour not exceeding four years, or both; in Delaware, giving or accepting a challenge, carrying or delivering such challenge, engaging in and fighting a duel, or being a second, whether the duel take place or not, or any way concerned in aiding or encouraging, fine 1000 dollars, imprisonment three months, and for ever disqualified from holding any office in the State; in Maryland, fighting a duel, and killing an antagonist, or wounding him, so that he shall die thereof within twelve months and a day, and aiding and abetting, confinement in the penitentiary for not less than five nor more than eighteen years -challenging or accepting a challenge to a duel, declared incapable of holding any office, civil or military, in the state; in Virginia, challenging to a duel or accepting a challenge, for ever disqualified for office;—by the code for Louisiana, if in a duel the criminal kill his antagonist, he shall be imprisoned not less than two nor more than four years, and forfeit for ever his political rights and his civil rights of the first and third class, and if such death or mortal wound be by treachery, he shall be deemed guilty of assassination, and shall suffer the punishment for that crime.

Disproportion between the Penalties for forging or passing Counterfeit

Money, and for the crime of Adultery.

In Maine, having in possession, or bringing into the State, counterfeit bankbills, with intent to pass, is punished with solitary confinement for not more than three months, and hard labour for not more than three years, and by fine not exceeding 1000 dollars, and imprisonment in the common gaol not more than one year;—and adultery is punished with solitary imprisonment for a term not exceeding three months, and confinement to hard labour for not more than five years. In New Hampshire, bringing into the State, or having in possession, counterfeit bills, with intent to pass, is punished with solitary confinement for not more

than four months, and hard labour not less than two nor more than five years;→→→ and adultery is punished with confinement in the common gaol not exceeding one year, by a fine not exceeding 400 dollars, and may be required to recognise with sureties for a term not exceeding five years, or by one or more of said punishments.

In Vermont, counterfeiting bank-bills or notes, is punished with confinement in the state prison not exceeding fourteen years, and fine not exceeding 1000 dollars, or either; and adultery, with confinement in the state prison not exceeding three years, and fine not exceeding 1000 dollars, or either of said punishments. In Massachusetts, passing any counterfeit bank-bill, is punished with solitary confinement for not more than thirty days, and hard labour after for not more than three years, or by fine not exceeding 1000 dollars, and binding to good behaviour for two years;—and adultery, by the law of 1812, with solitary confinement for not more than three months, and hard labour afterwards for not exceeding five years.

In Connecticut, passing counterfeit bills is punished with confinement in the state prison for three years;—and adultery, if a man, in the state prison—if a woman, in the common gaol, not exceeding five nor less than two years.

In Rhode Island, passing forged notes or bank-bills is punished with the pillory, and while there having a piece of each ear cut off, being branded with the letter C, imprisoned not more than six years, and fined not exceeding 4000 dollars, or any or all of said punishments;—and adultery, with fine not exceeding 200 dollars, and imprisonment not longer than six months.

In New Jersey, using any false token or writing to obtain money or goods, with intent to cheat or defraud, may be punished with solitary imprisonment in the cells of the state prison not exceeding nine months;—and adultery, with fine not exceeding 100 dollars, or imprisonment not exceeding six months.

In Delaware, passing or attempting to pass false or forged notes, may be punished with fine not less than 500 dollars nor more than 2000 dollars, the pillory for one hour, solitary imprisonment not exceeding three months, and to wear on the outside garment between the shoulders, for a term not less than two nor more than five years, the letter F, not less than six inches long and two inches wide, the F to be of a scarlet colour;-and adultery is punished with a fine of 100 dollars.

In Maryland, knowingly passing a counterfeit bank-bilt, is punished with confinement in the penitentiary not less than five nor more than ten years;-and adultery, (by the law of 1715,) is punished with a fine of 37. or 1200 lbs. of tobacco.

In Virginia, passing or offering to pass counterfeit coin or bank-notes, with intent to defraud, is punished with imprisonment in the penitentiary for not less than ten nor more than twenty years;-and adultery is punished with a fine of 20 dollars.

In the code for Louisiana, whoever shall pass or offer to pass any counterfeit coin, knowing it to be such, is punished by imprisonment with hard labour for not less than seven nor more than fifteen years;-and for adultery, with a fine of not less than 100 dollars and not exceeding 2000 dollars, or imprisonment for not more than six months, or both.

Some of the principal provisions of Mr. Livingston's Penal Code for Louisiana.

Of treason. Treason is defined by the constitution of the state. It consists in levying war against the state, or in adhering to its enemies, giving them aid and comfort; but, as by the nature of the union between the different states, the levying war against one state is a levy of war against the whole; and the constitution of the United States having made that act treason, and vested