The Nevada journal., 1858-03-19


and possesses the man, it does not en-
dow him with the fangs of the serpent,
since then his power for evil might
partially suppress the deep contempt
which is now his need
My first communication was sent, not
to curry favor, nor to avert the anger OF
power, but simply to inform the Cover
nor that, after due consideration and ma
ture judgment, the sentence of The law
had been executed, the respite sent to
theSheriff not applying toJ eAnastasio,
and not justifying the Sheriff to disobey
the warrant of the Court. By the blum
der in the name, the Governor had plac-
ed me in dilemma where l must exc
cute an undoubtedly valid process-al-
| though the Governor had intended per-
haps to nullify tor | must assume the
responsibility of guessing the intention of
the Governor, and holding that suppos-
tive intention equal to an authentic act.
My duty was plain; a ministerial officer
has no power to correct the errors of
process, nor to shield even the Cover
nor from the legal results of blunder.
Jose Anastasio was sentenced to be
hung on the 18th instant, and the war
rant was in my hands. A day or two
before the execution, communication
was received from YOU saying that An
astasia Jesus "a woman's name y was
respited until the 9TH of March, proximo
on which day, if no other order came,
Anastasia Jesus should be executed
There was no such man in my charge,
and it was supposed you meant, per-
haps, "Jose Anastasio." There was no
time to communicate with you before
the day for execution arrived. If"Jose
AnastasiO were not executed at the ap-
pointed time he would demand release
from Jail, and your respite did not au-
thOrize his detention, much less would
it authorize his execution on the 9TH of
March. The Court could not pronottnce
another judgment against him, nor try
him again. If the prisoner had broken
Jail, and by his own act prevented the
execution, it might be different but
now an atrocious murderer was about to
be let loose through a mistake of yours,
in case | acted upon your intention for
clearly the letter of your respite did not
apply to this man. The equivoc alton
in name was either your mistake, or it
was evidently the trick of some schem-
ing person, at your expense, to defeat
Justice but, in either case, the issue
was, that the respite was defective in an
essential point, and null. If James
hn +o
to Oliver Johnson will not stay TIE
sword of Justice Such was the opinion
of the most of those with whom | con-
suited, and it was my own. The public
veal, the ends of justice, my duty as an
officer, and the letter and spirit of the
law, all demanded a stern compliance
with the decree of the Court.
If | am 4 man to shrink from my du-
ty, am not aware of it and nothing
but overwhelming force, or lawful or
der of competent authority would have
delayed the execution. You speak of
the Sheriff directing me not to proceed
with the execution. If the respite was
null, such direction from the Sher,
if would be an order to violate my Off
cial duty, and not to execute process as
prescribed by law-an order, the state
ment of which shows its invalidity. The
Sheriff of this county has not personally
performed the duties of his office the
business has been under my charge,
and have been responsible for its per-
formance. The Sheriff, in this matter,
interfered to clear himself from respon-
sibility, if, perchance, my construction
of law and duty were erroneous. The
warrant was in my hands and while |
held it I was bound to execute it accor-
ding to law Had the Sheriff desired,
he could have taken and executed the
warrant himself, in the mode and when he
deemed proper. He chose not to do it,
but left the warrant with me, and pro-
ceeded as law and duty called. The
warrant was plain and the respite was
null.
If there be difficulty and wrong in
this matter, YOU are the culpable party;
and although you intimate that "quib
bling" deserves the contempt of honest
men, the position you occupy shows that
contempt is a visitation not always be-
slowed where most deserved. Glass
house gentry should not throw stones.-
Not all your pompous, but puerile ebuli-
ton, nor the vapid slang of few slfffy
and venal journals which essay to be
your mouthpieces, have shaken conf
dence in the rectitude of my course.
You regret that you have not the
power to punish. A cur may bay the
moon, and feel chagrined that the lumi-
nary does not fall at his feet but reas-
enable men offer him no sympathy. The
experience of the world shows that am
bition often overleaps itself, and incom-
petence regrets its weakness; yet it is
well, sometimes, that that power be not
vested in a hand likely to abuse it. AS
to your onslaught upon the people of
Monterey, it does not seem to have
chilled the blood of the citizens; and
believing them capable in every respect
to make their own defense, l leave their
vindication to themselves.
Had you allowed the blame, if any
there be, to fall on those who ATTEMPT