In the month of February, 1809, the incident of the condemned felon occurred. The letters now to be published tell their own tale. It is difficult to realise, in the present day, the disproportion betwixt crime and punishment which then existed, and which, as a rule, neither shocked nor startled even humane and thinking people. Among Lady Morgan’s papers is this memorandum:—
“A person condemned to death, after sentence was passed, wrote to me from his dungeon in the confidence that I could save him. I received his letter on the Saturday—he was to be hanged the Tuesday following. I hurriedly addressed, by letter, the Judge, the foreman of the jury, and the Lord-Lieutenant. I procured a reprieve of a month in the first instance, and finally saved his life. The man’s name was Barnaby Fitzpatrick, and he had been tried and condemned to death by Baron Smith. The correspondence tells the rest.”
| 354 | LADY MORGAN'S MEMOIR. |
An unfortunate man, who was yesterday found guilty before you for the embezzlement of a bank post-bill out of a letter, was induced to cherish a faint hope of salvation from your eloquent and humane charge to the jury. To this hope he still clings, not from the consciousness of an innocence he cannot plead, but from the belief that you, sir, who seemed to think one solitary instance of error in the life of a human being was scarcely sufficient in the eye of morality or of mercy to extinguish that life; and that as one whom a transient weakness seduced, or a temporary distress impelled—as a father and a husband, he might awaken your interest in his unhappy destiny, and by benevolently recommending him to the mercy of the Lord-Lieutenant, restore him to a life of future honesty and exertion—to a young and helpless family who depend solely upon his exertions for subsistence and support.
For myself, sir, I am at a loss almost to account, still more to excuse, the liberty I take in thus presuming to address you; but your character has been long known to me.
| THE CONDEMNED FELON. | 355 |
A circumstance of life and death induces me to write to you. An unfortunate man—a husband and a father—was found guilty, two days back, of embezzling a bank note out of a letter. There were many extenuating circumstances in his favour; his judge felt them, and recommended him to the mercy of the jury; but in vain. The wretched man sent to me (why I know not) to request I would use my interest with Baron Smith, who spoke so eloquently in his favour—this was late yesterday. I sent instantly to him; but he had gone to the country. I wrote a petitionary letter which he did not get till this morning in Court; I have yet received no answer. I have been all day driving about to try my interest; but all my legal friends were engaged on business. Pray let me know, by a line, any time to-morrow before two o’clock, to whom I ought to apply, or what can be done? If Smith recommends him to the Duke’s mercy, or if I get a memorial presented to the Duchess, will it be of avail? The interest I take in a wretch who thus throws himself on me is beyond all expression.
Pray forgive this liberty, this trouble; it is my dernier ressort. I should not like to commit myself unavailingly by getting a memorial presented to their Graces. You, perhaps, know to what purpose I should do it. I fear you cannot read this; I write it in a carriage at Lord Arran’s door. S. O.
| 356 | LADY MORGAN'S MEMOIR. |
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-
| THE CONDEMNED FELON. | 357 |
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,
Miss Owenson wrote again, begging an interview with the judge. To this letter Baron Smith replied:—
I am just favoured with your letter, and assure you that
the compassionate anxiety which you feel, and
| 358 | LADY MORGAN'S MEMOIR. |
I cannot see the slightest objection (quite the contrary) in point either of prudence or propriety to the step which you suggest. I will do everything in my power towards having the honour of paying you my respects between one and two o’clock to-morrow. I have the honour to be, my dear Madam,
The first consequence of this intercession was a respite of execution for a month. Baron Smith communicated this result to Miss Owenson.
In order to afford time for any interference which may take place on behalf of the unfortunate person in whose fate you take an interest, and, on the other hand, to avoid exciting hopes which it might be cruelty to encourage, I have appointed Saturday, the 25th of March, for the execution. I think it right to apprize you of this fact without delay, and
| THE CONDEMNED FELON. | 359 |
She also wrote an eloquent appeal to the Duchess of the Lord Lieutenant. This appeal she entrusted to Sir Charles Ormsby, whose friendship for her had survived their old and unforgotten flirtation. There is an air of coquetry in the letter which enclosed the note addressed to her Grace.
I enclose you the letter for her Grace. St. Augustine be your speed (who was the patron of all pretty women, and of course your titular saint as well as mine).
I should wish that if you did not dine at the Park to-morrow, or the day after, you would enclose my letter directly to the Duchess, as I wish her to have it whilst she reigns lady paramount, and before the Duchess of Richmond comes over. This is the season for urging requests—so let us make hay, &c., &c. Seriously and without sentiment, my dear friend, rally your deceased feelings in my favour. I depend on you for once—forget yourself and remember me.
Lady Morgan, who kept copies of all the correspondence about Barnaby Fitzpatrick, must have read this note in afterlife; perhaps have felt that, as manners had changed since 1809, it was open to misconstruction. She has carefully endorsed it: “This application was relative to a poor man condemned to death.” The next letters are from the judge, and show that her humane design succeeded.
| 360 | LADY MORGAN'S MEMOIR. |
I return you many thanks for your Athenian air, and the bon voyage by which it is accompanied. I this day received and answered a letter from Sir Charles Saxton, and sincerely wish that what my duty permitted me to say, may tend to the accomplishment of your humane wishes. I have not yet received any memorial from the jury. If, and when I do—it shall be transmitted without delay.
I shall proceed upon my journey at an early hour to-morrow. But the memorial can be sent after me; and if it form a bulky packet, Mr. Taylor will give an official frank.
With best wishes for the speedy and complete reestablishment of your father,
PS.—Since writing my acknowledgments of Miss Owenson’s note, I am favoured with her second, enclosed along with the memorial. This latter shall be forwarded to Government at an early hour to-morrow.
| THE CONDEMNED FELON. | 361 |
I had at Lifford the honour of receiving your letter relative to the case of Barnaby Fitzpatrick.
Upon a reference to me, by his Grace the Lord-Lieutenant, I had, before my leaving Dublin, delivered my opinion that the ends of justice and mercy would be reconciled by extending a pardon to this convict, on the terms of transportation.
As I apprehend it to be usual, when Government calls for the opinion of a judge, to abide by his recommendation, perhaps some hopes may be founded on the usage in this respect. But whatever hopes you, madam, may indulge, I must strongly dissuade you from encouraging the unfortunate man in whose fate you take an interest, from entertaining any; both because the prerogative of mercy is not in my hands, and that from the Government (whose wisdom and clemency are to decide upon this case,) I have not been favoured with any communication of their intentions; and, consequently, am ignorant whether they mean to neglect or attend to my recommendation. I have further to apprize you, that the day after tomorrow is appointed for the execution.
| 362 | LADY MORGAN'S MEMOIR. |
I am this moment favoured with your very obliging letter of the 5th; and have sincere pleasure in felicitating you on the success of your interference on behalf of poor Fitzpatrick. To me he is not under the slightest obligation. I have done no more than, my duties as a judge permitting, my duties as a man required.
To the clemency of Government, indeed, I feel that he is much indebted; and it must afford you great satisfaction to reflect—that your compassionate exertions have essentially contributed to procure for him the mercy which he has obtained.
With every respect for the humane feelings which led to those exertions,
I have the honour to be,
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