The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-01-01


from the governor of New Jersey to the counsel OF James
r. Donnelly assigning the which influenced the
court OF pardons in refusing to commute his sentence
EXECUTIVE DEPARTMENT
December 20, 1857
GENTLEMEN The court OF partons has concluded the
consideration of the application of James p Donnelly
who has been sentenced to suffer death for the murder
Albert s. Moses to have his punishment committed to
that of imprisonment for life.
The application has not been granted. The prisoner
found guilty OF wilful murder by intelligent and
npejudced Jury and their verdict sustained by the
court He has been defended by learned counsel, who
have contested his step by step with great zeal and
ability The supreme court has, after patient hearing
the in all its details, refused to grant him
trial. and the court of the highest judicial tibu-
nal in the State has sustained its decision.
last resort the court of pardons has been peoned
to commute his punishment to that of imprisonment for
life That court impressed with becoming of its
fearful responsibility has after mature deberation
a conclusion which must extinguish the last hope of
the unfortunate offender
The law of the land adjudges that if deliberately
Stays his tellow-man he shall die not only punish-
ment for his crime but to deter others from committing
similar offence II is not for to question the wis
dom of law which all nations have found it necessary
to establish and to maintain is it province to
interfere in any way with its stern execution except there
he doubt to the identity of the murderer where the
circumstances of his peculiarly commend him to
lnerciful consideration.
The conviction of Mr. Donney was deemed necessary
to maintain the majesty of the law to protect the rights
OF society," and to uphold the honor and dignity of the
State. To modify the punishment in a where guilt
clearly proved by the testimony given upon the
trial would be to bring reproach upon the pardonDg
power it would greatly impair the public confidence in
the fairness mpartiaty, and rigor of the administration
of justice aud it would involve obligation to
mute the sentence of all other capital offenders thus yr
tuay abolsnng the death penalty in State These
responsibilities the court Of padons cannot conscientious
ly assume.
In making known to you the decision of the court am
constrained to express my sincere commiseation the
fate OF young man whose natural intelligence, educa
tion and general accomplishments would have well
fitted him to become useful and honorable member Of
society but whose crime has, Mt the very threshold Of
his manhood, consigned him to an ignominous death.
sympathizc with his distressed relatives and friends and
most especially with his hear stricken father whose gray
hairs will go down with to the grave
win you please communicate our decision to the pis
oner that he might not bic diverted by the desive hope
of receiving cemcncy from preparing for his inevitable
journey to that bourne from whence traveller
turns p
May he find mercy in the presence of the Omnscient
Judge whose justice is appeased by the offerings Of pcni
tence and faith
With sentiments of the highest consideration and re-
gard, have the honor to be yours, &C.,
VIM. A. NEWELL.
TO Messrs Pennington, Bradley and Maolean counsel of
James p. Donnelly