I am just favoured with your letter of the 22nd. Your benevolent interference on behalf of the unhappy man whom it regards, required no apology; and as I concur in the sentiments and opinions which you express, it is with deep and unfeigned concern I communicate my apprehensions that I shall not be able to second your humane wishes in the degree in which it would be my inclination to co-operate with them. I fear that under the circumstances of this case, a recommendation, coming from the judge, of this poor man to mercy, might neither be considered as justifiable, nor produce the desired effect.
I agree entirely with you, madam, in thinking that the principles of moral justice would not be infringed by an occasional extension of mercy, under special circumstances, to the case of offences, which, like the present, are not of great enormity in the criminal scale. But taking into consideration the pernicious consequence, in the present state of society, of such transgressions, not only the Legislature has annexed to them the punishment of death, but Government, I am afraid, is accustomed upon these occasions, to act with a severity bordering upon rigour.
I, however, have to add, that any co-operation with your
compassionate wishes, compatible with a due re-
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Applications to Government in his behalf might, perhaps, especially in the first instance, come from another quarter; at once more correctly and more efficaciously than from me. For the making of such applications I will give you a reasonable time; and, as I have already mentioned, shall be happy to receive from you the suggestion of any step which, consistently with my duties, I can take towards saving the life of this unhappy young man.
With many thanks for the obliging terms in which you have been pleased to express yourself with respect to me,
