In 1837, what state became the first to enact a discretionary death penalty statute for murder?

Tennessee

Explanation:

In the early part of the century, many states reduced the number of capital crimes and built state penitentiaries. In 1834, Pennsylvania became the first state to move executions away from the public by carrying them out in correctional facilities, Discretionary death penalty statutes enacted in Tennessee. In 1846, Michigan was the first state to abolish the death penalty for all crimes except treason.