The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-13
Call FOR Petition Against Executive
Clemcncy.

Clcmcncy.
MARCH II, 1873.
To TIE EDITOR OF TIE HERALD
One million OF people, l doubt not, have re-
joiced at the noble stand the HERALD has taken In
behalf Of justice in New York city. If Foster re-
ceves a communication OF sentence it will make
every honest American citizen blush with shame az
the laws OF his country. New York will be city
of murders, armed men will walk the streets,
assasslns will direct their blows with lmpunity,
and, in fact. changing will be played out' while
aailIes. Is an excellent call from the people that
the HERALD start petition 10 the Governor pray
Courts r and and s 81 petition win receive 10000 sig
natures in one day. Do You doubt itf Please try
ana see for yourself. D. H. d.
Mercy for Governor Dix-Hoyv He VIII
Consider Fosters Case.
To THE EDITOR OF THE HERALD .
But few of the writers OF the letters In behalf d
Foster seem to understand the duty OF the Gov
ernor In the matter. That he understands 1t his
letter to the sheriff the Ganey case fully estab-
lishes Let us answer the following questions, and
then we will be brought face to face with the con-
sderatons which will rule his executive action
Has Foster been tried for murder in the first de.
gree Yes. Convicted ? Yes; with recon-
mendaton to mercy. Did he appeal from the judg-
ment to the General Term OF the supreme Court
Yes Was the Judgment confirmed Yes. Did he
-ncal to the Court of Appeals from this conflrma-
sjko,n ves Did the Court of Appeals confirm the
Tn,,inoa "a the General TermS Yes. !
This il the el..'re case, and the only c0nsidera-
ton Tor the Governe.. Is Che recommendation to
mercy. In considering this recommendation,
he will not retry the case for ne expressly de-
ciares he VIII not do so In the Carney letter. Then
how will he consider the case He VIII be guided
by policy. He will ask himself, 'Wlll the State be
benefited by saving this prisoners life VIII the
well-beng OF society be promoted by the commute
ton or his sentence II 1 interpo5e my power TO
protect him from the execution Of the sentence, SO
deliberately imposed on him, will my doing SO
serve to carry out the intention OF the statute un-
der which he was convicted ~ In his deliberations
he will remember that ''the sentence imposed by q
criminal statute Is to deter others from ike
offence" "Criminal laws are necessarily general,
In order that the highest good may be secured to
the many"
IL Is wrong, It Is cruel, to address fearful APP
peals, unfOunded In reason, to the Governor. they
cannot come TO good, but break his heart; for he
must hold his peace. who doubts II tears could
save this mans life, that General Dix would be the
frst to she'd them or II a vicar0us sacrince OF a
limb would suffice. whs doubts that General Dix
would be the first to offer his right hand Tho
General has sons OF his own and understands a
parents love, and II a thousand Nobes should
deluge the Capitol with their tears and each tear
were an appeal for mercy they could not be half
so enectual as the prompting OF his own heart
Let us have mercy, therefore, on him to whom we
appeal for mercy. s. IT. r.
NEW YORK, March IL, 1873.