The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-16

II May"
The fate Of Foster, sealed as it is by the
decision of Governor Dix, continues to be SO
general topic OF discussion that we will be
excused for again returning to it at length.
From the broad differences of opinion on the
matter among the press previous to the final
death decree it might have been expected that
the Governors determination not to interfere
with the execution would have produced q vari-
ETY. of comment. A unanimous acquiescence in
its justice is instead, seen everywhere. To our
infexible Governor this must be especially
gratifying It is recognition of the highest
conscientiousness and fidelity to duty in one
of the most painful positions wherein the Ex-
ecutive Of State ever found himself The
care and intelligence he brought to bear upon
the subject, and his frmness in resisting all
extraneous appeals when once his convictions
were formed, will elevate him higher in the
estimation Of hts friends, while equally COM
handing the respect of his bitterest enemies.
We are rejoiced to observe this unanimity
among the press. 1t indicates healthy tone
in those who do so much to control and direct
public opinion. To read the utterances Of
some journals few days ago beside those
made since the decision will show how power
full lesson can be learned from single
action performed by man placed under such
awful responsibilities as General Dix. Among
the best authorities on law in the State the
Governors decision has produced the
same impression that it has made upon
the general public. The members of
the Constitutional Convention remaining in
Albany called upon the Governor yesterday
and congratulated him upon the sound logic
in law and equity which enabled him to clear
the subject of its mists and decide it on its
merits alone But the Governor, in face of all
this expression of lay and professional OPP
prevail, still preserves his dignifed attitude of
an unimpassioned Judge of the last resort.
To correspondent of the HERALD yes
terday, he made an explanation Of
his course, whose words will stand
out in flaming letters beside the
apothegm which became so famous during
the civil war. They should be craven on the
minds of the criminal classes To the law
abiding citizen they will be stern promise of
justice when crime attempts to spread its bale
full sway. He said:-'I made the decision
have made utterly regardless of the clamors
and so-called influences which have been
brought to bear to secure the commu-
tation of the sentence of the prisoner. (
have looked upon the case and decided
upon it after the most careful study and
deliberaton solely on its merits. Law and
order must prevail cost what it may. The
position of Governor often puts upon him
duties that are hard to perform-sad duties
bat for all that they are duties from which he
cannot shrink. Twill not shrink from them"
These are noble, fearless words, and they are
the death-knell of the hopes that count on the
majesty of the law in matters Of human life
being destroyed by o mistaken lenity. The
promise that ''law and order must prevail, cost
what it may" is, we believe, certain to be
kept while it lies in such hands.
To this decision the HERALD can point for
its justification in the unfinching course of
demanding justice upon the murderers who
have made life SO unsafe in this city, ana
whose long IMMUNITY has lowered the respect
for law in what should be its most impressive
FORMS We feel pity for the family of the
wretched being condemned to an ignominious
death. Their sufferings, as well as his own,
are the sad but necessary consequences of
his reckless disregard of what pain and
suffering his crime would cause to the victim
and his near and dear ones. This branching
out of the penalty of murder radiates not
merely from the murderer, but from the
victim. The family of the homicide, in add
ton to acute grief for the degrading doom of
one they love, feels itself crushed under
sense Of shame, which, however illogical, will
assert itself. To the family of the victim, out
side of the anguish caused by his murder,
there is another cause Of grief to which the
world does not give sufficient weight
It must stand by in silent sorrow
while every little action Of the dead
mans life is paraded, while every fault or
blemish in his character is made rich matter
for lawyers in court to wrangle over. The
dead man and his family are put on trial al
most as much as the murderer, no matter how
much victim and murderer may have been
strangers before the fatal meeting. The
skeleton in the closet which the family had
in decency and resignation kept carefully
hidden is dragged out before the ruthless
world. 1t is the innocent family must bear
the finger pointing and shameful burden, when
the dead man might say
Cut OF, even in the blossoms OF my sin,
Ne reck'ning made, but sent to my account
With all ny imperfectisns on my head.
It is an memorable law that "breaking
into mans bloody house" entails pitiable
suffering to those free from every stain of the
sin. Perhaps the strongest words that can be
used in sympathy with those whose heart
strings have been wrung by the Governors
5oo;.;or 10 uuhoro ho ScThe rhaYna uvas