Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1858-05-06

come the ayenger Of bis own wrongs, unless
nnder circumstances Of immediate and immi-
nent daBger-but the cTiminslity ct the act de-
pends upon the motive which Pronptslt-and nd
no motive can be presented 70 the human i1ind
stronger than that Of protecting our own life
aud certainly the man who kills under such cir
cumstancos ought not to be put upon footing
with him whO kills from malice, revenge or
gain.
In addition to the petition and letters above
referred 20, ! have before me your own letter,
Chat is, the letter Of the Superintendent of the
PenitentiaTy,) in which you say = write
this note 70 you for the purpose Of testifying
that during the time have had charge Of this
institgtl9u, the conduct Of Dyson has been uni
- - a-l have not had occasion 70 pun
4l' AuAliia1 ' single instance.T 1 have also be-
lfo-nan fro1''e etitiOn from the other officers and
fae'e h'S been Penitentisry asking for the release
A9i'niis Is in n the following grounds "We be-
hNoLASD.-ih Dyson had sufficiently atoned for
5ns IN eFehea7'e has committed, (if crime it was
tas national islieve, from all the facts we have
fhs Atlantic cab Fathsr, that be was perfectly JUS
INDIA.-G=n. ue course he took. He is, undoubt-
aus sshfb's retnmed man, and we have no doubt OF
nib had. boueRg a useful citizen. Since his con
.led a. Ouae. has been an Industrious, faithful
ut prisoner, and We believe that the
- -, al our Exceilency will extend to him
ilsl Paru0n which think is bis due, and
again restore him to distressed and sorrowing
family"
In addition to all this, have before me the
evidence that Dyson appeared to avoid diff
Guilty with Neims, and refused to be armed (by
one of his ffiends) when insulted, for when un-
armed he could control himself, and if armed
be might not 10 be able to do so, and that
Nelms only wanted chance or excuse 10 kill
him. At The tine Neims was insulting bin,
be was thought to have his hand on pistol
ready to Kill Dyson on the slightest pretext,
and that be would carry his threats into exc
/ cn.ion.
Ga the opposite side Of the question have
received a petition against the pardon of
{ Dyson, signed by many Of the citizens Of Pa
nola couuty-but not IN numbers balf as many
as these who have signed the petition Tor his
I pardon, and they object TO the PaTdon Of Dyson
4 almost exclusively oa the ground that he is
! had man, and had been guilty Of other high
crimes, and that on this account be ought not
Z to be paTd5ned.
Of course these statements could not but in
ciientaliy eject my opinions az to my duty
] as Dyson was In the peniteutiary for killing
Nsims, and only for killing Nelms-and that
! the circumstances Of this case were all that
could properly influence my decision- have
only heard Of one case in which be was tried
10 this State That was the killing Of Moore
and In that case he was acquitted by the
verdict Of the jury and tue law of the land,
and have no right to oveTTuls the finding of
I the jury, and retain Dyson 10 The peHjten;iary
20 atone for crime which a Jury OF bis cogH-
I irymen says he did noe commi--nor would I
l haFs any greater right % retain him in the
psnitsntisry for crimes for which be has never
/ been tried.
On the contrary, have enisavored to ssPa-
ra1r my miud from al prejldice, and to exam
Z ine the case before me siagly, with an eve to
lie JUST decision-1nd IL have failed in this,
it is my misfoIiHHe, and not my fault. / have
examined The ease with great labor and care,
and Lm iaily satisfied thar II is my duty 10 par
d0a Dys3n-snd conform bis punishment 70 the
sober sec "a thought OF those who know him
best. anl sre well acquainted with all the cir-
cumstanees Of the case.
Now, therefor, /, william Melville. Gov
ernor OF the state Of Mississippi. BY virtue OF
the authoTity in me vested by the laws OF tbs
State, relFiag upon the statements made TO me
bT numerous citizens Of Pamela cOunty-and !
10 conformily With their express wishes,-dJ |
hereby freely pardon James H. Dyson, and d. /
rect yol 70 discharge him from the Psniten- |
tiary.
Given under nv hand aud the seal nf the /
state, hereualo affixed ct the Citynaf Jackson, /
on he 20 b Of April, 1855, and OF thS sOysT-
eighty Of t. STATE the f0rfisth.
WILLIAM NEVILLE.
By ihs Govs-sor:
A. 3. DIL#oHTHs See'y Of STATE.