The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-18

or that the evidence fully warranted the iury in
rendering the verdict OF murder in the first de-
gree, would give the criminal the benefit of that
doubt. But with firm conviction that there was
error in either and that there is nothing in his
case which can justly commend 1t to Executive
clemency, cannot interpose to mitigate his pun
ishment.
am panied to say this to you, approaching as
40 your sincerity and the purity OF your motives;
and desire TO announce my decision to yourself
anu anu she 0ther respected clergymen VINO nave
Joined In interceding for him, In the spirit OF kind
CONSIDERATION due to those whose sacred vocation
teaenes them to look with tenderness upon the
10 the representations OF the gentlemen in secu-
lar occupations who have appealed to me in his
behalf nave PAID the same respectful considera-
ton; but am constrained to think that thew have
neither given sufficient lorethought to the conse-
quences VI what they ask II 1t were granted, nor
considered that with the best intentions, we may
by msdirected sympathy, contribute unconsci.
ously 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 sse penalty awarded
that the inevitable effect OF such proceeding
my part, under the circumstances OF this case,
would Ne to impair the force OF judicial decisions
and to break down the barriers which the law has
set up for the protection OF human life. To
executive authority conaded to me by the people
of the State. deem 1t due to the good order OF
N.Y. t. say sa Of h sg be
naexiDy %antsnea and that every
the life OF his fellow must be made to feel that his
own il In certain peril II cannot by frmness OF
purpose attain this end we may be forced to
acknowledge the disheartening truth that there is
nothing so cheap or so Unprotected human life.
address this letter to you because you were the
first to apply to Governor Hoffman and the first to
apply to me for Communication OF Fosters sentence.
1t Is sent IN sincere sympathy with you, his early
some Of whom know and hold in the highest es.
TEEN, but with the clear conviction that am per-
forming an imperative duty.
l am, dear sir, with unfeigned respect and es.
TEEN, yours, JOHN A. DIX
Rev. STEPHEN H. TYING. D. D.
Foster In the TOmbs-Visitors Excluded
from the Prison.
Foster, the condemned murder, passed very
quiet day yesterday largely owing to the fact that
there were so few visitors admitted to the TOmbs.
During his incarceration Foster has never ex-
pressed any particular desire to take physical ex-
ercse Of any sort, and the only relaxation he has
enjoyed outside the marrow confines Of his cell has
been an occasional walk in the corridor. During
the past few days, however, he mas been unable
of the very great Influx Of visitors, most Of whom
come to game and wonder and look synpatLizingly
At the doomed convict For this reason the
terday transmitted to Warden Johnston instruc-
tons directing that during this week no visitors
be permitted to the Tombs, except such as are
authorized by the Sheriff and by special pass from
the Commissioners. This is a very prudent and
proper course under the circumstances
Yesterday Foster was visited by his wife, his
father, his brothers and Rev. Dr. Tying; but all
privacy OF his cell. His general health is good,
though DR.. Neas reports the prisoners appetite
as failing to some extent.
The National Capital Speaks to the
acknowledgements DIX Sustained.
WASHINGTON, D. c., March 10. 1873.
To THE EDITOR OF THE HBRALD:-
l have taken the HERALD for twenty years as q
journal OF reliable intelligence and q mirror Of the
public opinion. Your elevated stand against the
atrocious murder is approved here by ali
uhoao pfuio foCfo
are familiar to your readers in this country and
Europe. When first announced the ferocious deed
shocked the community, and every newspaper de-
nounced 1t as o diabOcal and objectionable Of
fence, amenable to swift condgn punishment on
the gallOws. Prompt trial, condemnation and
sentence followed. One tribunal after another,
through all the forms OF delay, confirmed the first
just sentence. Meanwhile the Governor pro-
claimed his firm resolve to enforce punishment in
such cases as examples to such murderers as Of
late had relied on pardOns. This was deemed reh-
Thus ended the drst act OF this deplorabe New
YORK domestic tragedy But as the assassin
claimed to be favorable to Sabbath schools some of
the ultra stcklers for church rights and reserva-
tons forced violent crusade against capital pun
ishment generally as established by law, and es-
II he were member OF the Church so much the
more reason for him to obey Holy Writ and avoid
numbering his fellow man. But lie had rich rela-
tves and, 1t was rumored that money was In the
scheme OF rescue, and that cOnspiring lnterlOpers
were ready to shell out literally to the cul-
prt from the galows, and we hear rumOrs of brides
Tor petition to the Governor. Meanwhile. strange
to say "a change has come Ger the nes and
to condemn and hang are now for continuation
final escape In one OF the most diabolica cases
Whether any bribe was actually advanced, cash
in hand express no opinion. Promises may have
proved avaing. Be this rs 1t may high crimes
must not be compounded by parties Interested.
Murder must not be expunged by persons in
ior the accommodation of private persons, how
ever great the reward, but enforced for the public
safety. If wealthy relatives are to have sway with
magistrates the tribunals will be trampled in the
dust, and what then will become OF the state and
the dignity theresfS The Governor has but one
straightforward course to pursue and sustain the
tribunals. He should Indignantly cast behind him
all personal and outside considerations, as did the
immortal patriot, Lucius Junius Brutus, when he
condemned his own son to death for the safety OF
Rome. Here is memorable precedent for the
adoption Of the Governor IN enforcing condign
the tribunals OLD SUBSCRIBER.
The Governor Points the Line Of Duty.
To THE EDITOR OF THE HERALD
We have Roman in our midst. Viewed by the
aid OF General Dix's refusal to commute the
sentence OF Foster the action OF Brutus in striking
down his friend Is robbed OF a suspected sefshness
and indubtably stamped with patriotism. Who
ever has had wavering, imperfect notion of duty
before let him contemplate this action OF General
beauty, "unmixed with baser matter" Look
at the grandeur Of the picture 80. grief
son from another father with power to grant the
prayer, whose venerable head Is at that very mo-
ment bowed in agony over the death OF his own
son, and Is refused. Truly the maxim, "Let JUS
tce be done though the heavens fall" no longer
obsolete, has been electrified into new life, and let
all the people good and true rejoice thcreat. In
consideration, therefore, OF his incalculable SER
vices TO the nation IN tunes OF peace aud war; and
with all the proper humility OF a private citizen,
nominate General John A. Dix for President OF the
United States ~ 5. II. i.
NEW YORK, March 10, 1873.
The Governors Action Appla uded.
To THE EDITOR OF THE HERALD
Itrelnbled In fear that our Governor would not
do his duty In the Foster case. As lover oil JUS
tice and halter Of Ali maudlin tiTneDt breathe