President Lincoln received various requests to commute Nathaniel Gordon's sentence to life in prison. Below are primary source letters that were sent to the president regarding the case from the Abraham Lincoln Papers at the Library of Congress Online Exhibit. The above word cloud serves as a visual representation of the reoccurring themes throughout the letters.
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The first letter is from William Seward, Lincoln's Secretary of State on behalf of Philip J. Joachimsen, a lieutenant colonel in the 59th New York requesting to speak to the president on behalf of Gordon. He had formerly been Gordon's defense lawyer.
From William H. Seward to Abraham Lincoln, February 3, 1862
Department of State
Feb. 3d 1862
My dear Sir,
Lieut. Colonel Joachimssen is a good and loyal citizen of New York who desires an opportunity of speaking with you in regard to the case of Nathaniel Gordon.
Yours very truly,
William H Seward
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The next two letters are from Edward Bates, Lincoln's Attorney General, on legal advice regarding the case. In the first letter, Bates affirms Lincoln's presidential power to issue a stay of execution. The second letter is written by Bates three days before the execution, advising Lincoln to let the sentencing of the court stand.
From Edward Bates to Abraham Lincoln, February 4, 1862
February 4. 1862
Sir,
I have just received since night fall, your note of this day requiring my opinion upon a question of law relating to the case of one Gordon, lately convicted of piracy, & sentenced to be hanged, upon the seventh of this month, &, as the time is short, I proceed to answer it without delay.
The question is, can you lawfully grant to the convict a respite of his sentence, without relieving him altogether of the death penalty?
I have no doubt that you can. The constitution (Art: 2. ¤. 2.) plainly gives you power to grant reprieves as well as pardons, & that without any exception, but cases of impeachment. A reprieve does not annul the sentence, as a pardon does. It only prolongs the time, & fixes a day for execution, different from & more distant than the day fixed by the Court.
You have exercised the power, with my full concurrence. In the case of the three sailors sentenced to be hanged, for murder on the high seas, you first granted them a respite for four months, & afterwards commuted their sentence for a term of imprisonment.
My answer is confined to the single question of your lawful power to do the thing, which is clear & plain. I say nothing about the justice or expediency of using the power, because upon that branch of the subject, no question is propounded to me.
I have the honor to be
with the greatest respect
Your obt servt
Edwd. Bates
From Edward Bates to Abraham Lincoln, February 18, 1862
1/2 past 2. p.m. Feb 18. 1862
Honored Sir,
The papers sent over to me half an hour ago, being two letters & several rolls, numerously signed, all relate to Capt Nathaniel Gordon, now under sentence of death on a conviction of piracy, in the African Slave trade.
The papers, all of them, ask that Gordon's sentence be compute commuted to imprisonment for life. No reasons are given to shew a doubt of the guilt of the papers contain no suggestion of any impropriety in the legal proceedings. And these are the only papers in the case which I have seen.
I see nothing in the papers, as presented to me, to make it proper for you to interfere, to stop the course of law.
I have the honor to be
Most respectfully
Your obt servt
Edwd. Bates
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The letter below is from Gordon's lawyer, written three days before his scheduled execution. He asks Lincoln to reconsider the fate of his client on the grounds that there is an alleged missing record of his conviction, that Gordon did not commit murder or treason, and that it has not been a year since his conviction. He goes on further to compare the American legal system to France and Britain, both of which do not have piracy as a capital offense.
From Gilbert Dean to Abraham Lincoln, February 18, 1862
The publication, by the District Attorney of the Southern District of New York, of the annexed extraordinary letter gives me the right to address you in behalf of my unfortunate client.
You are told in this letter that, "public opinion in New York is manifest earnest and almost unanimous against any commutation in the flagrant case of Gordon"-- This is not a question of public opinion, but of justice-- If however, it were, and public opinion is to be consulted, I call your attention to the voluntary petition sent here signed by Lawyers and Laymen, Clergymen and Citizens -- the Senators and members of Assembly of New York City, protesting against the execution.
But I do more, as the best expression of the public opinion of New York, I refer you to that opinion as embodied in its recent statute-- "No crime hereafter committed except treason and murder in the first degree, shall be punished with death in the State of New York"-- It then provides that "no sentence of death shall be carried into effect until one year after it is passed, nor until the whole record of the proceedings shall be certified by the Clerk of the Court, under its seal to the Governor, nor until a warrant for the execution shall be issued by the Governor under the great seal of the State."
You here see the safeguards which public opinion in New York has provided for human life -- all of which are disregarded that Gordon may be sacrificed-- When I sought for a record of his conviction that it might be submitted to you for examination, I was astonished at finding that none existed-- I have applied to the Supreme Court of the United States, for a Writ of Prohibition and of certiorari, to prevent the execution without a record of conviction -- the motion is denied for want of jurisdiction in that Court to review the proceedings of the Circuit Court in a criminal case-- Where the title to property is in question the Writ of Error, is a writ of right -- not so here -- human life is of less consequence than Bales of Cotton -- or boxes of Dry Goods.
In the case of Gordon an interpretation of the Statute of 1820, placed on it by Judge Story, fifteen years ago "that a person having no interest in, or power over the negroes, so as to impress on them the character of slaves and only employed in their transportation," is not guilty of the Capital offence -- (2 Sumn R. 240) has been overruled and no opportunity afforded to get the opinion of the Supreme Court of the U. S. on the subject-- As this is the first conviction under this construction of the law, and no chance for a review has been given; do not public opinion and public justice, as well as humanity, forbid the execution of the prisoner?
A Lawyer who would issue an execution to levy on property without a record of the judgment of the Court, would be liable as a trespasser; but yet the Government of the U.S, are about to take the life of a human being without any such formality, and neither you nor your advisers have been furnished with this record, though a month has intervened since the application for a commutation. But if Gordon is to be executed, what is the haste? "Public opinion" in New York gives a year before executing one condemned to death -- should not that have its weight instead of those Draconic practitioners who would hang first and make up the record of the Court afterwards?
Your Administration has been signalized by the outbreak of a Conspiracy to destroy the Government-- Traitors have been taken with arms in their hands-- Added to this has been the Crime of Piracy of which some have been convicted -- none have been executed -- instead of that the loyal nation has greeted with unanimous approval the declaration of amnesty and forgiveness--
While the prison doors are opening to Convicted Pirates and acknowledged Traitors, the Gallows is being erected for Gordon, and why? Is the moral crime of which he is guilty greater than those you are releasing?-- For more than forty years the statute under which he has been convicted has been a dead letter, because the moral sense of the community revolted at the penalty of death imposed on an act when done between Africa & Cuba, which the law sanctioned between Maryland and Carolina--
It was, nay it is, lawful to carry a child born in Virginia to Louisiana and there to sell him to perpetual slavery -- is it an offence then deserving death to bring a barbarian from Africa to the same place?
I beg leave also to call your attention to the fact that this act is the only one on the Statute book of any civilized nation which makes the offence capital-- France never had one-- Great Britain at one time did -- but it has been repealed -- the punishment of death for piracy is abolished in all cases except where committed under circumstances or attended by acts calculated to endanger life -- 1. Vic. C. 91.
I also ask your attention to the enclosed letter of Hon Wm Beach Lawrence4 of Rhode Island in reference to the propriety of a commutation-- How the argument it contains can be answered, I cannot imagine-- It was written as you see, voluntarily, and not to me--
You are also told by the District Attorney -- that "Judge Shipman is earnest against the policy of a commutation"--
I believe this statement was made without authority, and ask as an act of justice to the prisoner, that you enquire of Judge Shipman if he ever authorized any such communication to be made to you-- If he answers in the negative, you may judge of the spirit actuating a public officer who thus used the name of a Judge to affect the action of the Executive--
My appeal is to you, the only place where it can be effectual -- do not, I beseech you allow the general exultation of the people over National Victories and the eve of the preparation for solemnizing the Anniversary of the 22nd Febry to be marred by the creaking of the gallows -- or saddened by the report of the dying groans and struggles of a human being sacrificed to appease the spasmodic virtue of men, who are loudest in their demand for the abolition of the death penalty, as more barbarous than the slave trade and more vindictive than murder--
Trusting Sir, that these considerations may have weight with you--
I am Your Obedient Servant
Gilbert Dean
Washington Febry 18. 1862
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Below is General Attorney Bates' response to Dean's letter (above).
From Edward Bates to Abraham Lincoln, February 19, 1862
Feby. 19. 1862.
Honored Sir,
I have without a moment's delay, examined the package of papers which you sent to me yesterday, as I perceive by a memorandum endorsed by you, dated "Feb 18. 1862."1The package was handed me within the last half hour (1/4 to 12. M.) by Mr Dean2 of New York, and I have had time barely to read the papers.
As you require my immediate attention to the matter, you will not expect me to furnish any detailed answer to Mr Dean's argument, in his letter to you, dated yesterday. Indeed there is a good deal in that letter which I should not answer, if I had abundant time. Whatever is there said about public opinion in New York -- the New York Statute, and Mr Delafield Smith's letter to some one not named -- and the impolicy of allowing Gordon3 to be hanged upon the eve of a national festival, and especially when other pirates, and numerous traitors are allowed to escape. These, I should decline to answer, because, in my opinion, they do not touch the matter in hand.
Mr Dean insists in his letter, that there is not any record of the sentence against Gordon -- not that the Court did not pronounce sentence, and that the clerk did not write it down in the record book -- for that is not denied -- but he insists that there must be a judgment-roll (which we know embraces the whole record of the case) made out and filed in the clerk's office-- And that roll, he assumes, is the only record of the case, and that without it, there cannot be lawful execution.
That is not my opinion. I see nothing in the papers or the case, to impeach the legal validity of the sentence pronounced upon Gordon.
If it be true, as Mr Dean supposes, that there is no record of the judgment, then he ought to ask a full discharge, and not a commutation -- for it is plain that commutation assumes the legality of the judgment, and only changes & mitigates the punishment.
It is not pretended that Gordon is not guilty, nor that he had not a fair trial. But it is insted that it is hard to punish him, because his is the first conviction under the Statute. I do not perceive the force of that argument-- Some one must be the first; nor can I understand why the first convict should be spared, in preference to subsequent convicted offenders.
If the case itself afforded grounds for pardon or commutation, I would lean to the side of lenity; but I do not think that the President is justifiable in interposing his authority to arrest the execution of a statute merely because he thinks the law hard or too severe. That would be to set himself above Congress, & to assume the dispensing power, which even the people of England never patiently submitted to, when exercised by their kings.
Upon the whole, I give my advice that you do decline to interpose any further, to arrest the course of law, in the case of Nathaniel Gordon.I have the honor to be
Most respectfully
Your obt servt
Edwd. Bates
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The last letter asked President Lincoln to meet with Gordon's wife, which he refused. His sons were sick at the time and his one son, William, died the day before Gordon was executed.
From Rhoda E. White to Abraham Lincoln, February 17, 1862
Washington Feb 17th 1862
I would not intrude upon the sanctity of your sick room and upon your hours of grief but for the sake of Mercy, and for the sake of an afflicted Mother and wife who are bowed down with sorrow and look to God and to you to lift the heavy burden they are suffering under.
The case I plead for, is that of Nathaniel Gordon now under sentence of death-- He must be executed on next friday, unless the Almighty through you, interposes.
His wife, an interesting woman of twenty two and his aged Mother are here, and through me implore you to commute the punishment to imprisonment for Life. They do not, nor will they ever ask you for pardon.
They present to you a Petition from over eleven thousand of our citizens of New York who are warm and earnest upholders of the Government. The sympathy of the State of New York is in favor of a commutation of the punishment and as that State is in favor of abolishing Capital punishment such a favor from you will be in conformity with the sentiments of the people Please consider the following reasons why we ask and you dear Sir may grant our request.
1st -- Mr Gordon was engaged in the Slave trade at the time when many then in power upheld it, and engaged in it -- not since the War began.
2d The Government wishes to make an example of Mr Gordon-- To pardon him might offend Justice-- But have the hearts of our Rulers and people become so hardened that imprisonment for life will not answer the ends of Justice-- "Forgive us our trespasses as we forgive others"-- Is not imprisonment for life equal to death?-- You will not, without reflection, I feel sure, Mr Lincoln deny the Petition of so many, when it is not an unreasonable one. Our most prominent men are not opposed to it. I fear that selfish motives have influenced those who desire the contrary.
The poor man has only a few days to live please let his poor wife know the decision as speedily as possible, and let her return to her unfortunate husband. The Attorney General will be kind enough to let me know your decision--
May Our Lord direct your decision and we will be resigned
With sentiments of high respect
Yours
Rhoda E. White.
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The first letter is from William Seward, Lincoln's Secretary of State on behalf of Philip J. Joachimsen, a lieutenant colonel in the 59th New York requesting to speak to the president on behalf of Gordon. He had formerly been Gordon's defense lawyer.
From William H. Seward to Abraham Lincoln, February 3, 1862
Department of State
Feb. 3d 1862
My dear Sir,
Lieut. Colonel Joachimssen is a good and loyal citizen of New York who desires an opportunity of speaking with you in regard to the case of Nathaniel Gordon.
Yours very truly,
William H Seward
_________________________________________________________________________________________________________________________________________
The next two letters are from Edward Bates, Lincoln's Attorney General, on legal advice regarding the case. In the first letter, Bates affirms Lincoln's presidential power to issue a stay of execution. The second letter is written by Bates three days before the execution, advising Lincoln to let the sentencing of the court stand.
From Edward Bates to Abraham Lincoln, February 4, 1862
February 4. 1862
Sir,
I have just received since night fall, your note of this day requiring my opinion upon a question of law relating to the case of one Gordon, lately convicted of piracy, & sentenced to be hanged, upon the seventh of this month, &, as the time is short, I proceed to answer it without delay.
The question is, can you lawfully grant to the convict a respite of his sentence, without relieving him altogether of the death penalty?
I have no doubt that you can. The constitution (Art: 2. ¤. 2.) plainly gives you power to grant reprieves as well as pardons, & that without any exception, but cases of impeachment. A reprieve does not annul the sentence, as a pardon does. It only prolongs the time, & fixes a day for execution, different from & more distant than the day fixed by the Court.
You have exercised the power, with my full concurrence. In the case of the three sailors sentenced to be hanged, for murder on the high seas, you first granted them a respite for four months, & afterwards commuted their sentence for a term of imprisonment.
My answer is confined to the single question of your lawful power to do the thing, which is clear & plain. I say nothing about the justice or expediency of using the power, because upon that branch of the subject, no question is propounded to me.
I have the honor to be
with the greatest respect
Your obt servt
Edwd. Bates
From Edward Bates to Abraham Lincoln, February 18, 1862
1/2 past 2. p.m. Feb 18. 1862
Honored Sir,
The papers sent over to me half an hour ago, being two letters & several rolls, numerously signed, all relate to Capt Nathaniel Gordon, now under sentence of death on a conviction of piracy, in the African Slave trade.
The papers, all of them, ask that Gordon's sentence be compute commuted to imprisonment for life. No reasons are given to shew a doubt of the guilt of the papers contain no suggestion of any impropriety in the legal proceedings. And these are the only papers in the case which I have seen.
I see nothing in the papers, as presented to me, to make it proper for you to interfere, to stop the course of law.
I have the honor to be
Most respectfully
Your obt servt
Edwd. Bates
_________________________________________________________________________________________________________________________________________
The letter below is from Gordon's lawyer, written three days before his scheduled execution. He asks Lincoln to reconsider the fate of his client on the grounds that there is an alleged missing record of his conviction, that Gordon did not commit murder or treason, and that it has not been a year since his conviction. He goes on further to compare the American legal system to France and Britain, both of which do not have piracy as a capital offense.
From Gilbert Dean to Abraham Lincoln, February 18, 1862
The publication, by the District Attorney of the Southern District of New York, of the annexed extraordinary letter gives me the right to address you in behalf of my unfortunate client.
You are told in this letter that, "public opinion in New York is manifest earnest and almost unanimous against any commutation in the flagrant case of Gordon"-- This is not a question of public opinion, but of justice-- If however, it were, and public opinion is to be consulted, I call your attention to the voluntary petition sent here signed by Lawyers and Laymen, Clergymen and Citizens -- the Senators and members of Assembly of New York City, protesting against the execution.
But I do more, as the best expression of the public opinion of New York, I refer you to that opinion as embodied in its recent statute-- "No crime hereafter committed except treason and murder in the first degree, shall be punished with death in the State of New York"-- It then provides that "no sentence of death shall be carried into effect until one year after it is passed, nor until the whole record of the proceedings shall be certified by the Clerk of the Court, under its seal to the Governor, nor until a warrant for the execution shall be issued by the Governor under the great seal of the State."
You here see the safeguards which public opinion in New York has provided for human life -- all of which are disregarded that Gordon may be sacrificed-- When I sought for a record of his conviction that it might be submitted to you for examination, I was astonished at finding that none existed-- I have applied to the Supreme Court of the United States, for a Writ of Prohibition and of certiorari, to prevent the execution without a record of conviction -- the motion is denied for want of jurisdiction in that Court to review the proceedings of the Circuit Court in a criminal case-- Where the title to property is in question the Writ of Error, is a writ of right -- not so here -- human life is of less consequence than Bales of Cotton -- or boxes of Dry Goods.
In the case of Gordon an interpretation of the Statute of 1820, placed on it by Judge Story, fifteen years ago "that a person having no interest in, or power over the negroes, so as to impress on them the character of slaves and only employed in their transportation," is not guilty of the Capital offence -- (2 Sumn R. 240) has been overruled and no opportunity afforded to get the opinion of the Supreme Court of the U. S. on the subject-- As this is the first conviction under this construction of the law, and no chance for a review has been given; do not public opinion and public justice, as well as humanity, forbid the execution of the prisoner?
A Lawyer who would issue an execution to levy on property without a record of the judgment of the Court, would be liable as a trespasser; but yet the Government of the U.S, are about to take the life of a human being without any such formality, and neither you nor your advisers have been furnished with this record, though a month has intervened since the application for a commutation. But if Gordon is to be executed, what is the haste? "Public opinion" in New York gives a year before executing one condemned to death -- should not that have its weight instead of those Draconic practitioners who would hang first and make up the record of the Court afterwards?
Your Administration has been signalized by the outbreak of a Conspiracy to destroy the Government-- Traitors have been taken with arms in their hands-- Added to this has been the Crime of Piracy of which some have been convicted -- none have been executed -- instead of that the loyal nation has greeted with unanimous approval the declaration of amnesty and forgiveness--
While the prison doors are opening to Convicted Pirates and acknowledged Traitors, the Gallows is being erected for Gordon, and why? Is the moral crime of which he is guilty greater than those you are releasing?-- For more than forty years the statute under which he has been convicted has been a dead letter, because the moral sense of the community revolted at the penalty of death imposed on an act when done between Africa & Cuba, which the law sanctioned between Maryland and Carolina--
It was, nay it is, lawful to carry a child born in Virginia to Louisiana and there to sell him to perpetual slavery -- is it an offence then deserving death to bring a barbarian from Africa to the same place?
I beg leave also to call your attention to the fact that this act is the only one on the Statute book of any civilized nation which makes the offence capital-- France never had one-- Great Britain at one time did -- but it has been repealed -- the punishment of death for piracy is abolished in all cases except where committed under circumstances or attended by acts calculated to endanger life -- 1. Vic. C. 91.
I also ask your attention to the enclosed letter of Hon Wm Beach Lawrence4 of Rhode Island in reference to the propriety of a commutation-- How the argument it contains can be answered, I cannot imagine-- It was written as you see, voluntarily, and not to me--
You are also told by the District Attorney -- that "Judge Shipman is earnest against the policy of a commutation"--
I believe this statement was made without authority, and ask as an act of justice to the prisoner, that you enquire of Judge Shipman if he ever authorized any such communication to be made to you-- If he answers in the negative, you may judge of the spirit actuating a public officer who thus used the name of a Judge to affect the action of the Executive--
My appeal is to you, the only place where it can be effectual -- do not, I beseech you allow the general exultation of the people over National Victories and the eve of the preparation for solemnizing the Anniversary of the 22nd Febry to be marred by the creaking of the gallows -- or saddened by the report of the dying groans and struggles of a human being sacrificed to appease the spasmodic virtue of men, who are loudest in their demand for the abolition of the death penalty, as more barbarous than the slave trade and more vindictive than murder--
Trusting Sir, that these considerations may have weight with you--
I am Your Obedient Servant
Gilbert Dean
Washington Febry 18. 1862
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Below is General Attorney Bates' response to Dean's letter (above).
From Edward Bates to Abraham Lincoln, February 19, 1862
Feby. 19. 1862.
Honored Sir,
I have without a moment's delay, examined the package of papers which you sent to me yesterday, as I perceive by a memorandum endorsed by you, dated "Feb 18. 1862."1The package was handed me within the last half hour (1/4 to 12. M.) by Mr Dean2 of New York, and I have had time barely to read the papers.
As you require my immediate attention to the matter, you will not expect me to furnish any detailed answer to Mr Dean's argument, in his letter to you, dated yesterday. Indeed there is a good deal in that letter which I should not answer, if I had abundant time. Whatever is there said about public opinion in New York -- the New York Statute, and Mr Delafield Smith's letter to some one not named -- and the impolicy of allowing Gordon3 to be hanged upon the eve of a national festival, and especially when other pirates, and numerous traitors are allowed to escape. These, I should decline to answer, because, in my opinion, they do not touch the matter in hand.
Mr Dean insists in his letter, that there is not any record of the sentence against Gordon -- not that the Court did not pronounce sentence, and that the clerk did not write it down in the record book -- for that is not denied -- but he insists that there must be a judgment-roll (which we know embraces the whole record of the case) made out and filed in the clerk's office-- And that roll, he assumes, is the only record of the case, and that without it, there cannot be lawful execution.
That is not my opinion. I see nothing in the papers or the case, to impeach the legal validity of the sentence pronounced upon Gordon.
If it be true, as Mr Dean supposes, that there is no record of the judgment, then he ought to ask a full discharge, and not a commutation -- for it is plain that commutation assumes the legality of the judgment, and only changes & mitigates the punishment.
It is not pretended that Gordon is not guilty, nor that he had not a fair trial. But it is insted that it is hard to punish him, because his is the first conviction under the Statute. I do not perceive the force of that argument-- Some one must be the first; nor can I understand why the first convict should be spared, in preference to subsequent convicted offenders.
If the case itself afforded grounds for pardon or commutation, I would lean to the side of lenity; but I do not think that the President is justifiable in interposing his authority to arrest the execution of a statute merely because he thinks the law hard or too severe. That would be to set himself above Congress, & to assume the dispensing power, which even the people of England never patiently submitted to, when exercised by their kings.
Upon the whole, I give my advice that you do decline to interpose any further, to arrest the course of law, in the case of Nathaniel Gordon.I have the honor to be
Most respectfully
Your obt servt
Edwd. Bates
_________________________________________________________________________________________________________________________________________
The last letter asked President Lincoln to meet with Gordon's wife, which he refused. His sons were sick at the time and his one son, William, died the day before Gordon was executed.
From Rhoda E. White to Abraham Lincoln, February 17, 1862
Washington Feb 17th 1862
I would not intrude upon the sanctity of your sick room and upon your hours of grief but for the sake of Mercy, and for the sake of an afflicted Mother and wife who are bowed down with sorrow and look to God and to you to lift the heavy burden they are suffering under.
The case I plead for, is that of Nathaniel Gordon now under sentence of death-- He must be executed on next friday, unless the Almighty through you, interposes.
His wife, an interesting woman of twenty two and his aged Mother are here, and through me implore you to commute the punishment to imprisonment for Life. They do not, nor will they ever ask you for pardon.
They present to you a Petition from over eleven thousand of our citizens of New York who are warm and earnest upholders of the Government. The sympathy of the State of New York is in favor of a commutation of the punishment and as that State is in favor of abolishing Capital punishment such a favor from you will be in conformity with the sentiments of the people Please consider the following reasons why we ask and you dear Sir may grant our request.
1st -- Mr Gordon was engaged in the Slave trade at the time when many then in power upheld it, and engaged in it -- not since the War began.
2d The Government wishes to make an example of Mr Gordon-- To pardon him might offend Justice-- But have the hearts of our Rulers and people become so hardened that imprisonment for life will not answer the ends of Justice-- "Forgive us our trespasses as we forgive others"-- Is not imprisonment for life equal to death?-- You will not, without reflection, I feel sure, Mr Lincoln deny the Petition of so many, when it is not an unreasonable one. Our most prominent men are not opposed to it. I fear that selfish motives have influenced those who desire the contrary.
The poor man has only a few days to live please let his poor wife know the decision as speedily as possible, and let her return to her unfortunate husband. The Attorney General will be kind enough to let me know your decision--
May Our Lord direct your decision and we will be resigned
With sentiments of high respect
Yours
Rhoda E. White.