s differ in respect to the number of
crimes made punishable by death. In some states the penalty of death is
annexed to the crime of murder only. Treason is punishable by death; but
as this offense is defined and made punishable by the laws of the United
States, not all the states take cognizance of it. If committed in such
states, it is tried in the courts of the United States. In New York,
murder, treason, and arson in the first degree, are punishable by death.
Few states make more than these crimes thus punishable. In two or three
states, the penalty of death has been abolished, and imprisonment for
life substituted.

Sec.3. Crimes punishable by death, are called _capital_ crimes, and their
punishment is called _capital_ punishment. The word capital is from the
Latin _caput_, which means head; and so has come to signify the highest
or principal. Hence, probably, the application of the word capital to
the principal crimes receiving the highest punishment, which was
formerly practiced extensively in other countries by beheading or
_decapitating_ the criminals.

Sec.4. _Treason_ is defined by statute to be, levying war in any state
against the people of the state; or a combination of two or more
persons, attempting by force to usurp or overturn the government of the
state; or in adhering to enemies of the state while separately engaged
in war with a foreign enemy, and giving them aid and comfort.

Sec.5. _Murder_ is the killing of a person deliberately and maliciously,
and with intent to effect death; or killing a person in committing some
other crime, though not with a design to effect death; or in killing a
person purposely and without previous deliberation. The less aggravated
cases of murder, are in some states distinguished as murder in the
second degree, and punished by imprisonment for a long term, or for
life.

Sec.6. _Manslaughter_ is killing a person either upon a sudden quarrel, or
unintentionally while committing some unlawful act. The statutes of New
York define four different degrees of manslaughter.

Sec.7. _Arson_ is maliciously burning any dwelling-house, shop, barn, or
any other building, the property of another. Arson in the first degree,
which is burning an inhabited dwelling _in the night time_, is in some
states punishable with death.

Sec.8. _Homicide_ signifies mankilling. It is of three kinds: felonious,
justifiable, and excusable. When felonious, it is either murder or
manslaughter. _Jus