The American death penalty is older than the United States, beginning at Jamestown, and for three centuries the gallows stood in the public square. The episode follows the argument that narrowed it, from Beccaria and Benjamin Rush to Pennsylvania's first-degree murder law of 1794 and Michigan's 1846 abolition. It sets beside it the 1862 hanging of thirty-eight Dakota men at Mankato and ends with the last public execution in 1936.
Kendall's charge, mutiny or spying for Spain, and his date are uncertain, and the settler death toll in the 1862 war varies by estimate. Historians disagree whether Lincoln is best remembered for the 264 spared or the 38 hanged. Whether the founding settles the matter is argued.



