Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-03-20

premeditated design to effect his death
and he was thus convicted by the jury
mon the responsibility of their oaths.
OUGHT the same persons to be permitted,
nearly two wears afterward, to show, by
ex parte afidavits and statements, made
under no legal responsibility, that their
verdict was untrue?
The precedent of admitting after rev.
citations of the secret consultations OF
the Jury room, for the purpose OF an
nulling verdicts rendered as true undef
the solemnity OF an oath, would DC per,
ilous in any condition OF society ana
in the present defiant reign OF crime,
such precedent would be fraught Win
infinite danger the public order.
Every proper appliance which wealth.
and the influence of most estlmable
family could command, has been en-
ployed to save Foster from the scaftold:
The case has been carried through all
the courts by eminent counsel-the opln--
ion of gentlemen learnedin the law, and
earnest applications from eminent cler-
gynen and citizens in good standing
have been brought before me-and the
widow of the victim has come forth from
her quietude to plead for the life of her
husbands murderer. | have given TO
these appeals my most thoughtful con-
sideration. If there were any reason to
doubt that the law was rightly ruled at
the trial or that the evidence fully war
ranted the jury in rendering the verdict
of murder in the first degree, | would
give the criminal the benefit OF that
| doubt. But with the firm conviction
! that there was no error in either, and
that there is nothing in his case which
can Justly commend it to executive
clemency, | cannot interpose to mitigate
his punishment.
| am panied to say this to you, appre-
ciating as do, your sincerity, and the
purity of your motives; and | desire to
announce my decision to yourself and
| the other respected clergymen who have
Joined in interceding for him, in the
| spirit of kind consideration due to those
whose vocation teaches them to look with
tenderness upon the frailties of others.
To the representations of the gentle
men in secular occupations, who have
! appealed to me in his behalf, | have
paid the same respectful consideration ;
| but am constrained to think that they
have neither given sufficient forethought
| to the consequences of what they ask,
| if it were granted, nor considered that,
| with the best intentions, we may, by
misdirected sympathy, contribute uncon-
| sciously to endanger the public safety
| and our own. / am asked in disregard
| of the evidence and the judgment of the
| highest judicial tribunal in the State on
| the law, to set aside the penalty awarded
| to the most atrociOus of crimes. 1t
seems to me that the inevitable effect of
such a proceeding on my part, under
| the circumstances of this case, would
| be to impair the force of judicial decis-
/ ions, and to break down the barriers
which the law has set up for the protec-
ton of human life To this act of So
! cial DISCRIMINATION | cannot lend the eX-
! ecutive authority confided to me by the
people of this State. | deem it due to
the good order of society to say that, so
far as depends on me, the supremacy of
the law will be infleXibly maintained,
| and that every man who strikes a muir
derous blow at the life Of his brother
man, must be made to feel that his own
is in certain peril If we cannot, by
firmness of purpose attain this end, we
may soon be forced to acknowledge the
disheartening truth that there IS nothing
so cheap or so i'll protected rs human
life.
l address this letter to you because you
were the first to apply to Gov Hoffman
and the first to apply to me for com
mutation of Fosters sentence. 1t is
sent in sincere sympathy with you, his
early spiritual adviser, and with his af-
flicted family, some of whom | know
and hold in the highest esteem, but with
the clear conviction that | am perform
/ ing an imperative duty.
/ am, dear sir, with unfeigned respect
and esteem, yours. JOHN A. DIN.
! REV. STEPHEN II. TYING, d. ID.