Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 305.
(No Report.)
IN THE HOUSE OF REPRESENTATIVES.
March 9, 1848.
Read twice, and committed to a Committee of the Whole House on the
state of the Union.
Mr. Joseph R. Ingersoll, from the Committee on the Judiciary,
reported the following bill:
A BILL
To abolish public executions in capital cases.

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13 Be it enacted by the Senate and House of Represen-
tatives of the United States of America in Congress assem-
bled, That whenever any person shall be condemned to
suffer death, for any crime of which he or she shall have
been convicted under the laws of the United States, the
said punishment shall be inflicted on him or her within the
walls or yard of the jail in which he or she shall be con-
fined, or in such other convenient private place as may be
selected by the person executing the judgment; and it
shall be the duty of the marshal of the district, or one of
his deputies, to attend and be present at such execution,
and to invite to be present the United States district attor-
ney, and twelve respectable citizens, who shall be selected

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7 by the marshal; and the said marshal shall, at the request
of the criminal, permit such ministers of the gospel as the
said criminal may name, and any of his or her immediate
relatives, to attend and be present at such execution, to-
gether with such officers of the prison, and such of the
marshal’s deputies, as the said marshal, in his discretion,
may think it expedient to have present; and it shall only
be permitted to the persons above designated to witness
the said execution, unless in cases in which the marshal
may deem it necessary to provide a guard for the purpose
of performing the execution with more safety; in which
cases, persons composing said guard shall be permitted
to be present: Provided, That no person under the age of
twenty-one years shall be allowed to witness the same.
Sec. 2. And be it further enacted, That after the exe-
cution, the marshal, or deputy, shall make and subscribe a
certificate, in writing, that he has executed the said crimi-
nal according to the provisions of this act; and the said
certificate, in writing, shall be filed in the clerk’s office of
the court in which the judgment against said criminal shall
have been rendered, within ten days after the execution.

1 2 3 4 5 6 7 8 9 10 11 12 13	Be it enacted by the Senate and House of Represen- tatives of the United States of America in Congress assem- bled, That whenever any person shall be condemned to suffer death, for any crime of which he or she shall have been convicted under the laws of the United States, the said punishment shall be inflicted on him or her within the walls or yard of the jail in which he or she shall be con- fined, or in such other convenient private place as may be selected by the person executing the judgment; and it shall be the duty of the marshal of the district, or one of his deputies, to attend and be present at such execution, and to invite to be present the United States district attor- ney, and twelve respectable citizens, who shall be selected
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14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 2 3 4 5 6 7	by the marshal; and the said marshal shall, at the request of the criminal, permit such ministers of the gospel as the said criminal may name, and any of his or her immediate relatives, to attend and be present at such execution, to- gether with such officers of the prison, and such of the marshal’s deputies, as the said marshal, in his discretion, may think it expedient to have present; and it shall only be permitted to the persons above designated to witness the said execution, unless in cases in which the marshal may deem it necessary to provide a guard for the purpose of performing the execution with more safety; in which cases, persons composing said guard shall be permitted to be present: Provided, That no person under the age of twenty-one years shall be allowed to witness the same. Sec. 2. And be it further enacted, That after the exe- cution, the marshal, or deputy, shall make and subscribe a certificate, in writing, that he has executed the said crimi- nal according to the provisions of this act; and the said certificate, in writing, shall be filed in the clerk’s office of the court in which the judgment against said criminal shall have been rendered, within ten days after the execution.