INTEREST in the history of American feminism, temperance, abolitionism, and utopianism, has obscured the fact that for a generation before the Civil War the movement to abolish the death penalty was an important reform enterprise which aroused violent debate over the ultimate source of justice, the degree of human responsibility, the fallibility of the courts, the progress or decline of society, the metaphysical origins of good and evil, and the authority of the Bible. Although seldom mentioned in the standard social and intellectual histories of the period,' the antigallows movement won the support of prominent ministers, reformers, and men of letters and for over thirty years was a subject of heated controversy in the legislatures of many Northern states. Moreover, the movement was moderately successful, since three of these legislatures became the first governments in modern times to abolish the death penalty permanently. The purpose of this essay is to examine the background and implications of the capital punishment controversy in America and to trace the history of the movement before the Civil War. Infliction of the death penalty for certain secular crimes, such as murder and robbery, was associated historically with the rise of the modern state, whose sovereign was both authorized and obligated to maintain peace within his particular domain.2 In England the number of capital crimes multiplied in the sixteenth and seventeenth centuries, as the increasing power of the state blurred the ancient distinction between public and private offenses. Executions were frequently justified by the rational arguments that they prevented victims from committing further crimes and that they served as a deterrent to potential criminals. But though the death penalty was rationally defended as a means for protecting the king's peace, it was never entirely