The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-02-19
From the Albany Evsning Journoi.

From the Albany Evsning Journol.
a,n Pardon Of Lopez.
IL VIII bo seen from the following letters that the
Governor has granted pardon to Antonio Lopez,
the Spaniard, on condition that he shall imme.
diatey leave the United States and never return.
In view Of all the considerations bearing upon this
case, we cannot doubt that public opinion will fully
sustain the action Of the executive We learn that
Lopez was recommended To mercy by the prcsid-
ing Judge (Edmonds) and by the jury. 1t will
also be observed that the exercise Of clemency was
recommended by Mr.. Crittcndcn. Mr.. Webster,
and the district attorney of New York;
From GoOernor Hunt TO the Spanis. Minister at
Warrington.
STATE OF New York, EXECUTIVE CHAMBER,
ALBANY, February IL, 1852.
SIR: In our recent interview ! explained some Of
the considerations which caused to hesitate in
granting your application for tho pardon OF Anto-
MO Lopez, who is now under sentence of death for
the murder Of George Foster.
The alarming increase of capital feonies in this
State has imposed upon me the duty of enforcing
the law with frmness for the protection Of public
order and personal security. The tendency of
several similar applications at the same moment,
which my sense Of public duty required mo re-
sist has been source of serious emba in
my deliberations upon the fate of Lopez; but l am
now prepared, upon mature consideration. to dis.
pose OF the question His friends assume that the
proofs adduccd on the trial not sufficient to
justify his conviction and it ia strongly urged by
those who conde in his protestations that he is in
nocent Of the offence. l am unable to concur in
this conclusion.
The evidence leavcs no doubt upon nv mind
that he was guilty of the killing of Foster do
ma In the circumstances of the any sufficient
Justification OF the offence The most that be
claimed Tor Lopez. in extenuation Of his guilt, that
he acted under the influence of excited passions,
and there was an absence of that deliberate malice
and reconciliation which frequently attend the
crime Of murder. Waving ali further discussion
OF the character OF the offence, and the justice Of
the conviction, proceed to contemplate the
ia another aspect.
and as Its official representative. to grant pardon
to this unhappy Spaniard in consideration Of the
oiemcncy exercised by your government in favor
OF the American prisoners who so recently invaded
the territory OF Spain, in violation of the laws of
both countries.
The noble generosity OF your queen, displayed
IN the release OF those misguided men, excites my
profound gratitude. 1t ia an example of cnlight-
ened lnagnanmty and Christian benevolence
which has touched the American heart. ] should
do injustice to my countrymen if | resisted the
sentiments which the exalted conduct of your SOW
creign has 80 universally inspired. Nor can for
get how deeply We indebted to your prompt
and humane interPosition for the liberal policy
which has sgnalized the recent action of the Span
ish government in behalf of some of citizens.
My knowledge of your endeavors to strengthen
the ties OF friendship which have uniformly sub
sisted between the two governments, and my
grateful appreciation of the forbearance by which
the late difficulties have been happily termi-
mated, make it impossible for me to resist your
earnest appeal
1t is not for US to disregard those principles of
justice and mutual comfy which ought always to
govern the intercourse of friendly and civilized
tions.
Yielding to these nsidcrations, / have decided.
after full reflection, to release Antonio Lopez from
the sentence OF death, and restore him to his ma
tive country. II affords me sincere satisfaction to
place In your hands a full pardon of his offence,
subject to the single condition that he shall imme-
diatcly leave the United States and never return.
lremain, with the highest respect, your obedient
' WASHINGTON HUNT.
To his Excellency Don A. CALDERos DE LA BAacA,
From the Attorney General Of the United States to
Governor Hunt.
OFFICE OF THE ATTORNEY GENERAL U. STATES,
WAsHINGToS, January, IA, 1852.
To hie Exceliency WAsHIHGToN HUsr, Governor
OF the State OF New York:
SIR: ! have carefully perused all the foregoing
evidence given upon the trial for murder Of A,
Lopez, young Spaniard, and il appears to me to
warrant the verdict of guilty which was rendered
by the jury.
But IT appears that the homicide was committed
in the night, the street, and in the presence Of
another violent and intoxicated person, who had
been arrested with Lopez for disorderly conduct.
and was then in custody of the police officer
(tbe individual ked.) These circumstan nc es ma Ike
Il quite possible that the Witnesses the confusion
and darkness of the ecene, may have been mistaken
ms TO the person Who gave the mortal stab To this
must be added that greet confidence is entertained
by Mr.. Calderon himself, and, am well in
formed, by many other respectable and intcllige
pcrsons, that Lopez is not guilty and that inquiries
and Investigations are now in progress which, they
sincerely believe, will result, in a short time, in
establishing his innocence and in showing that
another individual is the real perpetrator Of the
crime
All these circumstances taken together seem TO
me to form a sufficient ground for least resptng
and delaying the execution ofthe sentence so long
as to afford reasonable time for the completion Of
the inquiries and nvcstigatons above stated.
but there is another ground on which, If could
presume TO advise and petition the Governor Of
New York, i would recommend most earnestly the
prompt pardon OF Lopez 1t is this Mr. Caldcrou
the minister and representative of Spain, collects
that pardon. He was humauely instrumental in
promoting that recent and most noble act of ner
cy by his government, in granting life, liberty,
and pardon TO more than one hundred of our coun-
trynen who bad hagrantly violated the laws of
Spain. This minister Of mercy should not now pc
ution IN vain tor the pardon Of one of his country
men. would not see country far ou,done,
and placed in such contrast with the generous
duct Of Spain.
Az an American, do hope that Governor Hunt
will find il compatible with his duty to grant the
petition Of the Spanish Minister by pardoninr Lo.
pcz; and cannot but feel confident that the act
will be IN accordance with the national feelings.
have Che honor to he, sir, very respectfully,
your obcdient servant, J. J. CRITTENDEN.
F'om The Unitsd Stai" Secretary Of Stotsto Govunor
Hunt
DspARrnrsT or STATE
WAsHrSoroS, Jan Ia, 1852.
To bis Exceency WasuiSoTos Husr Governor
Of the Stntc Of New York:
Stu: cordially concur I'm what is written
above and signed by the Attorney General and
wish most fervently that young Lopez may be par
doned
think the aspect OF the presented by Mr..
Crittendcn, viz, the public good will be better
promoted by pardoning than by cuccuting him.
have the honor TO be, cir, very respectfully
your obedicnt servant,
DANIEL WEBSTER.
from The D,strict fffornep of Mem York 10 Cor
unor Hunt.
DsTsIcr ATroRNrv's Orricg.
Ngw YoaK, Jan. 20, 1852.
My DsAR Sin: ] have read and maturciy con.
sdcrcd the various petitions and letters vhich have
been presented To you in behalf of Antonio Lopez,
and more especially those cmsnatng from the