New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-11-19

for copy of which, we are indebted 10 Under
Sheriff H. B. OStrom, that Gov. Hunt declines
interfering with the course of law in the case of
Conklin, condemned to be hung on Friday, Nov
81, 1851, for the crime of arson in the frs.
degree:
STATE OF NEw-YoRx, Executive DEPARTMENT,
ALBANY, Nov. is, ISL.
To John K JONES, Sier5, DC.
SIR The petitions In behalf of Horace B. Conklin.
eho Is Low IN your custody under a sentence OF
death fer the CRIME of arson IN the first degree have
received my serious consideration.
The ohense OF which he stands convicted is re-
gaFdtd by the laws Of all countries crime OF the
most atroclouS nature, as we'll on account of the
malignant spirit from which It proceeds, As the dis
astIous consequences which usually attend It. Ar
tor IN TIE highest degree was declared a capital
felony both by the common and civil law and our
legislation, while soitenng the rigOr Of the criminal
code In respect 10 most other ofenses has left this
where 1t previously stood, upon an equality with
murder. The wiul burning OF an inhabited dwell
Ing is an act OF deprayty so enormous and dellber
ate, as 10 ADMIT OF no pallIatlon Whether consd-
cred with reference to the evil passions which
prompt II, or the danger 10 human life, which Is IN
separable from it. not only the sx, but the senii-
menis of mankind denounce II as equivalent, 10 muir.
der, and sanction the same extreme penalty IN the
punishment of the offender IL more destructive,
and when 1t includes the sacrifice of innocent VIC
TINS, II becomes the most dreadful form OF murder.
To protect the family hsbltatlon and tae lives of Its
inmates from criminal violence, is one OF the most
sacred objects OF the social compact and the fearful
severity OF the law toward incendaIes Is prompted
by humane socltuce for the safety OF oar citizens
Wnlle peacefully rCpoSlng IN their domestic a00ies.
The commission of arson has Increased to an
alarming extent within the last few years 1t IS
perpeTated with peculiar facility and the difficulty
Of detection produces strong hopes Of IMMUNITY. The
general use of matches and other comoustlole con-
tnyanceS has made 1t comparatively easy for the In
cendary to crafty his internal passions and evade
discovery under the darkness of night. Recent ex-
rerelCe 0as shown that the use oil hre is becoming
an ordinary resource of the desperate and cepraved
IN executing their schemes OF destruction and re-
vonge Proof OF this may be found in the fact that
three persons under sentence OF death IN tins
State for arson in the first degree while several are
awaiting trial f. the oAense. II Is represented
10 me that for many months previous 10 the arrest OF
Conklin, the city of ca hal been visited by sue
cession Of fires, in which numerous buildings were
consumed and the vlrtuous portion OF the communi-
~ were kept IN state OF continual jeopardy and
alarm 1t not until the public security AVID repose
had been repeatedly violated, and extraordinary ef
forts employ ed by &e municipal authorities, that
any of the authors ofthese calames were discovered
and arrested. 1t is under such circumstances that
am solicited to interpose ana rescue Conkhn nom
the extreme sentence OF the law by IN exercise OF
the pardoning power. He STANDS convicted % set
ting fire to clubhouse adjoining an Inhabited dwell
ling. house. lie found guilty after fair and
impartial uia, before Jury OF his country. From
a careful examination of the testimony. am
ofopinion that their verdict and the judgment OF
the Court were fully justified by the facts. Inc
evidence leaves no ground for doubt OF MS guilt,
and in weie hing his claims to an exercise OF elem
encyI cannot disre gard the conceded fact that
the perpetrstor of several similar oenses. sut
ciently established that he prominent actor IN
the series OF outrageS, which at one time threatened
to reduce a whole city to ashes IL has been urged
in mitigation that the fires which he kndled did not
result IN the destruction of life. But II must be re-
membered that the completeness OF tue crime or the
degree OF punishment are not permitted ny the IA"
TO depend upon any such contingency. The burn
ing OF an inhabited building constitutes the ofense
and tie measure Of guilt Is not TO be determnedoy
the actual extent OF the injury IL is enough that
human life is placed in danger and TIE incendary
who APPLIES the midnight torch IS not abSoved from
his awful responsibility by the timely discovery
and extinction Of the flames That the facts proved
against Conklin bring the case within the letter ana
spirit Of the law, defining arson in the hrst degree
and prescribing lis punishment, does not appear 10
admit of serious question. am aware that the TER
rible penalty which the law imposes is regarded DY
many as unnecessarily Even If this were so,
the law as il stands must be my guide, unless II can
be shown that the crime was accompanied oy INCL
dents Of an % % S M fS' ps o
which the legislative power has pronounced neces-
sary fer the protection of person and property.
After much reelection my sense Of public , S dary
its course. The public safety requires an
example. 90 not come to this conclusion without
emotions OF pain and sorrow MY heart mets win
compassion before the tears aud ontreatIes OF his
venerable parents, bis wife and children But my
calm Judgment admonishes Inc 10 adopt the cele-
brated expression OF sir Mathew Hale, when l
find myself swayeG to mercy, let me remember that
there Is likewise mercy due to the country In
the struggle between personal sympathy and Official
responsibility, the civil magistrate must not forget
the sacredness OF the law and the rights of society
Upon what grounds of justice or policy can relax
the la when crimes abound, beyond all previous
example IN our history
The present condition of society, the frequent oc
currences Of olenses fatal to the safety and good
order of community, call emphatically for hrmness
In the administration of justice. II becomes neces-
sary rot only for the vindcaion of the law but the
vigorous exercise of the Clyll power IN the PUNISH
n,ent of the guilty can alone inspire confidence IN
its ability to maintain public order and individual
security Very respectfully,
WASHINGTON Hunt.
~ The letter was read IL the unhappy criminal
vesterday afternoon by Under Sheriff Ostr0m.
MAC cACIJIrS FITS