John Jay Papers
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From John Jay to Oliver Wolcott, 20 October 1797

To Oliver Wolcott

Albany 20th. October 1797

Sir,

It was not untill Yesterday that I recieved (under cover from Col. Talmadge) the Letter which your Excellency did me the Honor to write on the 19th. of last Month, with the one addressed to you by several Gentlemen of Litchfield1 requesting your Interposition with ^me^ for the Pardon of Israel Stone,2 who is now under Sentence of confinement for Life on Conviction of Forgery—.

To your Excellency it cannot be necessary to observe, that the Power to pardon, is a Trust which in its Exercise ought to be regulated 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 consistant with the public Good; and to refuse them in all Cases of manifest Guilt, in which they may be opposed by the public Good—.

Israel Stone is convicted of Forgery. This is a Crime which never has Passion, Ebriety or Precipitation to plead in its Excuse— on the contrary it always indicates some Degree, and not unfrequently a very great Degree of cool deliberate Wickedness— The injurious Consequences of this Crime to Society, particularly in a Commercial Nation, are obvious—. of all atrocious Offences we find that this has become the most common and prevalent— there are at this moment a number of Persons in Prison who are charged with it and who 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 a Time, tend to encourage Offenders— for the fear of Death being taken away, the fear of Imprisonment for Life, which alone remains, would naturally be diminished not only by the Hopes of escaping either Detection, or Arrest or Conviction; but also by that of eluding perpetual Confinement—. If to these Hopes should be added that of easily and speedily obtaining Pardons, by the Mediation or for the sake of worthy Relations and Friends, our present mild System would probably soon prove so severe on the public, as to render the Prudence of continuing it very questionable—.

It is the Interest of Benevolence and Humanity, that this System should realize the Expectations formed from it, but it certainly cannot have even a fair Experiment, unless much care be taken to enable mild Punishments to produce by their Certainty a Portion of that dread which capital ones impress by their Certainty ^Severity^—.

Israel Stone is not the only Forgerer in our Prisons whose former Character was fair, who was probably seduced, and whose Parents and Friends are respectable— there are several of this Description. So greatly does this Crime prevail, that the Heinousness and Turpitude of it seems to have abated in the Opinion of too many; more Persons belonging to decent and reputable Families have disgraced and ruined themselves by this, than by any other Crime— Justice however cannot look with a more favorable Eye on those who become Criminal in spite of a good Education and of good Examples than on those Offenders who from Infancy have lived destitute of such valuable advantages.—

These Remarks and Reflections together with the Conclusions resulting from them convince me that the proper Time or Season for pardoning this 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 humanely interested themselves in his Behalf—.3

They who are Parents can easily concieve what must be feelings of this mans Father4 and Family— I pity them sincerely— and I assure you that nothing but a strong Sense of my Duty restrains me from giving them the Consolation which they desire; and which it is very natural that Persons so circumstanced should be anxious to obtain and happy to receive—.5 I have the Honor to be with Respect & Esteem your Excellency’s most obedt. Servt.

(signed) John Jay

His Excelly. Oliver Wolcott Esqr. Governor of Connecticut—

LbkC, N: Governor’s Lbk. 1 (EJ: 03099).

1Wolcott to JJ, 19 Sept. 1797, ALS, NNC (EJ: 07277). Petition to Oliver Wolcott, 15 Sept. 1797, ALS, NNC (EJ: 07276), in the same document as Wolcott’s letter sent to JJ. The document was signed by Tapping Reeve, Uriah Tracy, Reuben Smith (1732–1804), Benjamin Tallmadge, Julius Deming (1755–1838), and John Allen (1763–1811).

2Israel Stone (1775–1842) of Litchfield, Conn., was convicted of forgery in January 1797 and sentenced to life imprisonment in the state penitentiary. Diary (New York), 31 Jan.; Weekly Monitor (Litchfield), 8 Feb.; New York Magazine (Feb. 1797), 107.

3In addition to delivering the Wolcott letter and Litchfield petition, Benjamin Tallmadge wrote JJ, stating that Stone had been the unwilling dupe of a “few designing Men.” The governor replied to Tallmadge and Wolcott, and explained why he was unwilling to grant a pardon for Stone. The following year, Stone escaped from the prison hospital and fled to Connecticut. JJ called on state authorities to spare no effort in apprehending him, and asked Jonathan Trumbull Jr., then governor of Connecticut, to assist with Stone’s recapture and extradition. After six years as a fugitive, Stone apparently voluntarily turned himself over to authorities and served out his life sentence. Tallmadge to JJ, 29 Sept. 1797, ALS, NNC (EJ: 07159); Tallmadge to JJ, 1 Dec. 1797, ALS, NNC (EJ: 07160); C, NHi: Misc. Mss. Tallmadge (EJ: 00654); New-York Gazette, 13 June; Carey’s United States Recorder (Philadelphia), and Philadelphia Gazette, both 14 June; Albany Gazette, 22 June; Georgia Gazette (Savannah), 19 July; Argus, Greenleaf’s New Daily Advertiser (New York), 5 Sept.; Commercial Advertiser (New York), 7 Sept.; Daily Advertiser (New York), 10 Oct. 1798; JJ to Isaac Stoutenburgh, 30 Oct. 1798, LbkC, N: Governor’s Lbk. 1 (EJ: 03180); JJ to Josiah Ogden Hoffman, 22 Nov., LbkC, N: Governor’s Lbk. 1 (EJ: 03189); 4 Dec. 1798, LbkC, N: Governor’s Lbk. 1 (EJ: 03197); JJ to Jonathan Trumbull Jr., 4 Dec. 1798, LbkC, N: Governor’s Lbk. 1 (EJ: 03198); New-England Palladium (Boston), 2 Mar.; Columbian Museum (Savannah), 3 Mar.; City Gazette (Charleston), 12 Mar. 1804; “Annual Account of Prisoners in the State-Prison,” in [New York State], Journal of the Assembly of the state of New-York; at their twenty-eighth session, begun and held at the city of Albany, the sixth day of November, 1804 (Albany, [1805]; Early Am. Imprints description begins Early American Imprints, series 1: Evans, 1639–1800 [microform; digital collection], edited by American Antiquarian Society, published by Readex, a division of News-bank, Inc. Accessed: Columbia University, New York, N.Y., 2006–19, http://infoweb.newsbank.com/ Early American Imprints, series 2: Shaw-Shoemaker, 1801–1819 [microform; digital collection], edited by American Antiquarian Society, published by Readex, a division of Newsbank, Inc. Accessed: Columbia University, New York, N.Y., 2006–19, http://infoweb.newsbank.com/ description ends , series 2, no. 9014), 125.

4Jonah Stone (c. 1749–1825) of Litchfield.

5For more on Stone’s case and JJ’s use of pardons, see the editotial note “Crime and Punishment in Federalist New York,” above.

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