The Birmingham age-herald., 1907-07-21

Harry Toulmin, and, of necessity, this work covered all of the statutes opera tive over the entire territory of Missls- sippi up to 1S18, and, later, the laws of Alabama up to 1928. It might be in teresting to state here that the first real code of Alabama was prepared by commission created for that pur- pose, which finished It's work in 1884, and this commission was given the un- usual power and authority to draft and systematize code of laws necessary and proper for the government of the state of Alabama Unlike the subse- quent commissions, which have done nothing more than codify the statutes en- acted by the legislature and in force at the time, its duties, were, In addition to this, legislative, and 1t was given carte blanche to frame any and all laws which It's discretion and the exi- gencies of the time prompted or sug- gested.
 It is with reference, however, to the laws of the early period above men tioned. and some of the peculiar yehact- ments and unusual punishments that crept into the 18th century states system of civil and criminal jurisprudence, that 1t Is proposed to deal.
 We find that in these days the death penalty was given quite promiscuously, certain offenses appearing much more
 
 than now. According to an act passed in 1907, the following crimes were pun ishable with death: murder, petit trea- sbn, rape, stealing or selling any free person for slave, arson, including any out house, cotton house or store robbery, burglary, accessory before the fact to murder, slave stealing, counterfeiting, forgery, setting at liberty or rescuing any person convicted of any capital crime.
 For certain lesser offenses, lesser pun ishments, or, what may have been so regarded as such in those days, were in fiicted. The following is a section of the act above referred to with reference to manslaughter: And be it enacted, that if any person or persons shall commit the crime of manslaughter, and be there of convicted, such person or persons, shall be fined in such sum as shall be assessed against him by the verdict of jury, and be branded on the hand with the letter M in open court" And this is the way in which hog and sheep steal ing was dealth withI And be 1t further enacted that every person who shall be convicted of stealing any neat cattle, hog, sheep or goat, --"-in addition to paying the value of the same and fine, shall receive on his bare back twenty five lashes. well laid on, for the first offense; and for every succeeding of- fense, he shall receive on his bare back thirty-nine lashes, well laid on; and stand in the pillory two hours"
 Horse stealing also seems to have been regarded somewhat in the light that it now Is in the wild and woolly west" The following Is the section of the same act applicable thereto: That if any person do feloniously take or steal any horse, mare or gelding, or foal or Ally. ass or mule; the person so of lending shall restore the property so stolen or pay the value thereof, which shall be adjudged by the jury trying the offender to the owner or owners thereof, and be fined at the discretion of the jury In a sum not exceeding five hundred dollars and shall moreover re- ceive thirty-nine lashes on his or her bare