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And nothing but the turbulent period, at which it was passed, would
justify a punishment so severe, for the crime, committed - " That
punishment should be proportioned to the offence, and be certain
rather than severe, is now considered an axiom, in the Sciense [sic]
of legislation. And although Yr Petitioners are aware, that this
circumstance alone, would not justify the interference of the
Executive, in staying the hand of the law (as it is the business
of the Legislature to remedy this evil) Yet taken in connection
with other meliorating circumstances, would be sufficent to
warrant the interposition of Yr Excellency -
Granting "reprieses & pardons" is at all times, ^an executive priviledge
that delicate, in its nature- & seldom to be exercised, There are
indeed but few cases, that will warrant it - but it is believed
that the present case is one among the few, that imperiously
calls for the interposition of your excellency -
Nelms is a poor man, & has a wife & children, dependant [sic]
upon him for their daily bread, and to be deprived at this time
of the hand, that has heretofore fed, & Clothed them, would reduce
them to a most wretched & extreme state of Poverty - The
deep exioration [sic] of the family, & neighbours of Nelms, against
the perfidious villany of Walker- can ^& ought avoid the unfortunate
man - (when connected with other circumstances;) in a petition
of this kind - His poverty it is true - is no excuse for crime -
The sufferings of his family should not of themselves itself
stay the hand of the law - But when viewed in
together, with other Circumstances of Palliation - it is
presumed, will at any time be an inducement, for Yr
Excellency to put forth your hand, & save an
unfortunate man, from the wiles of villainy & treachery -
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