Morning journal and courier., 1882-06-20
The PardOning Power.

A Hitherto Unpublished Letter of Hon.
 John Jay.
 To the Editor of the JOURNAL AND COURIER:
 Interest belongs to the following letter both by reason of it's authorship and it's con- tents. It was written by statesman and jurist of revolutionary times, second only in public reputation to George Washington, and selected by the latter to be the first Chief Justice of the United States, Jay had nego' tiated the treaty of 1794 with Great Britain, in which special provision was made for the mutual surrender of fugitives from justice charged with the crime of forgery. On his return to New York he found himself elected to the office of Governor. In this capacity he was addressed by Governor Wolcott, and other influential persons, petitioning the par don of a noted forger. Jay had profound humanity as we'll as 6 high sense of justice, both of which traits appear in this docu- Rev. Frederick Freeman of Sandwich, Mass, and it is now published for the first time.
 H. c. HovEY. To His Excellency Oliver Wolcott, Esq,
 Governor of Connecticut:
 ALBANy 2Oth October, 1797.
 It was not until yesterday that I received (under Cover from Col. Talmadge) the Let ter which your Excellency did us the Honour to write on the 18th of last month, with one addressed to you by sev- eral gentlemen of Litchfeld, re- questing your Interpretation with me for the Pardon of Israel Stone, who is under Sentence of Imprisonment for Life on Con- viction of Forgery.
 if ho orIy to observe that the Power to Pardon is a Trust, which in its Exercise ought to be reg ulated by the steady Principles of sound Policy combined with those of Benevolence I hold it to be my Duty to grant Pardons whenever they may be consistent with the Public Good and to refuse them in all Gases of manifest Guilt in which they may be op- posed to the Public Good.
 Israel Stone is convicted of Forgery. This is Crime which never has Passion, Ebriety or Precipitation to plead in it's Excuse-on the contrary it always indicates some De- gree and not unfrequently very great De- gree of cool, deliberate wickedness. The injurious consequences of this Crime to So- ciety & particularly in Commercial Nation, find that this has become the most common and prevalent. There are at this moment 8 number of Persons in Prison, who are charged with it and are yet to be tried. It was apprehended that the late Law of this State to mitigate Punishments in Cases of Forgery, and many other Felonies, might at least for Time tend to encourage Offend CTS. For the fear of Death being taken away, the fear of Imprisonment for Lite which alone remains would naturally be di- unfinished, not only by the Hope of escaping either Detection, or Arrest, or Convicti on but also by that of eluding perpetual Con finement. If to these Hopes should be added that of easily and speedily obtaining Pardons, by the mediation or for the sake of worthy Relatives and Friends our present mild Sys- tenn would probably soon prove so severe on the Public as to render the Prudence of con- tinuing it very questionable.
 It is the Interest of Benevolence and Hu- manity that this System should realize the Expectations formed from It but it certain ly cannot have even fairIExptriment unless much care be taken to enable the mild Pun ishments to produce by their Certainty DOT ton of that Dread which Capital ones i'm press by their Se0e1Ity.
 Israel Stone is not the only Forger in our Prisons whose former Character was fair, who was probably seduced, and whose Par ents and Friends are respectable. There are several of this Description. So greatly does this Crime prevail that the Heinousness and Turpitude of it seem to have abated in the Opinion of too many for more Persons be-
 
 have disgraced and ruined themselves by this than any other Crime. Justice, however, cannot look with a more favorable Eye on those who become Criminal in Spite of good Education and of good Examples, than on those Offenders who from Infancy have lived destitute of such valuable advantages These Remarks and Reflections tog ther ! with the Conclusions resulting from them convince me that the proper Time or Season for pardoning the Offender is not yet come, and therefore that on this Occasion I can neither gratify my own wishes nor those of the respectable Gentlemen who have hu- namely interested themselves in his Behalf. 4hey who are Parents easily conceive what must be the feelings of this mans Fath- CT and Family. I pity them sincerely and I assure you that nothing but 8 strong Sense of my Duty restraints me from giving them the Consolation which they desire and which it is very natural that Persons so circum- stanced should be anxious to obtain and happy to receive.
 I have the Honour to be with Respect and
 Esteem Your Excellency's Obedient Ser
 want, JOHN JAY.