done with safety to the community, even black Tom Powars? - Will your Excellency and Honors suffer this suppliant to remind you, that within a few years past a precedent for pardoning has been set you by the Governor and Council of a Sister state, a Man, after having been Convicted of Murder and for which he has been sentenced to be hanged according to the Laws of the State till he was dead; was reprieved, and for doing which the Governor and Council were highly applauded; and Tom Powars is willing to submit to the impartial public generally, and to you in particular whether the crime for which he is condemned to die, is more malicious than Murder! - Does the safety of your people so much depend upon the ignominious death of poor black Tom Powers, a Lad of Nineteen, and who has been so severely disciplined, that no one in the common exercise of common reason, can be in the least afraid of his injuring any of your good people in future, if you should condescend to save his Life; that he must inevitably be put to Death? To tire your patience would be in vain with a multitude of words. and repetitions and though it may add nothing to his Salvation, you will, no doubt excuse him if he has already said many things which in your opinion might have been omitted; and consider his case, and though he is black Tom Powars, do to, for and by him, as you would, as rational Men, would wish to have done to, for and by a Son of yours, should it chance to be your and their misfortune ever to be placed in a similar situation. Liberty is desirable and every person on Earth it is agreed by the Americans, hath a right to be free, until he may forfeit that right. Life is much more desirable, and most certainly every creature hath a natural right to live, until he shall voluntarily relinquish that right; and can you be certain of the degrees of consciousness and knowledge necessary in order that a Creature should actually be a volunteer in resigning to the public his Life? If you cannot, or if you are not certain whether Tom Powars did or did not at the time of committing the Deed, for which he is under sentence of Death; possess such a degree of knowledge. and consciousness as to make him a Volunteer; in that case will you not be at a loss to determine whether he ought, or ought not to die for committing the Deed? If you are in the least uncertain respecting these points, does there not appear to be some doubt, whether he in justice ought to be put to death? ---- If this is the case is there not a possibility, nay a probability, of erratically judging? — and in all cases where there is room left for erring, to err on the side of Humanity would seem most virtuous. Wherefore this suppliant looks up to Your Excellency and Honors, who ought never to be Actuated from passion, but who should be all compassion, as to his last resort for his Life; and with a Heart filled with Gratitude to the Supreme Ruler of the Universe, who inspires. the Children of Men, and fills their Hearts with pity towards the distressed; and who hath once moved you, for a few days, to save him from an untimely death, and most humbly implores forgiveness of the crime for which he is condemned to die. -Your forgiving even Tom Powars it appears to him can be no crime, and he would blush to ask forgiveness if he had an idea that he deserved to be hanged; yet had he at the time of the commission of the crime known the consequences of it, he could not have plead the same excuse; but he has now been taught, by sad experience, that, of which at the time, he was totally ignorant. If you cannot, consistant with your feelings, when divested of prejudice, as no doubt you are or will be, before you pass upon this all important question; and when you consider that though to err is human, that to forgive is divine, and consistant with the duty which you owe your fellow Men; permit Tom Powars to go at large, which he prays you to do; will you suffer him to live by remaining in his present situation hand cuffed and chained in prison, till he can have an Opportunity to dispose of himself on board some Ship or Vessel, there to remain for life; or in some other way to dispose of himself, by his own Indenture, to be safely conducted out of America, to some persons or people who willingly receive him; or in some other way release him from the sentence of death which has been passed upon and against him, as to you may appear most eligible; and he will never forget to be, while Life shall endure, a strict enquirer into, and a pious observer of the Laws of the people amongst whom he may chance to live; and to praise and adore the Supreme Governor of all flesh, for inspiring your hearts with such portion of the Godlike temper, which caused you to love and practice Mercy, and abhor sacrifice. To this supplication, which by a friend to humanity, and who, without fee, or any prospect of reward, has wrote it; I Tom Powars subscribe my name; in the fullest hope and expectation of success; and to whom I feel myself much more grateful than to those who for the sake of gain have extorted from me writings and which contrary to their promises were to my very great grief published before my death. Done at Haverhill in the Jail July 14th 1796 and while confined in a Dungeon, in Chains and fetters of Iron, there to remain impatiently waiting an Answer, which will to me be of more consequence than the whole world!! Tomas Powers [8-102] [John Dudley resigns as justice of the superior court, February 1, 1797. — ED.] [8-103] [Moses Woodward resigns the command of the first regiment of militia, June 10, 1797. — ED.] [8-104] [Report of "the Committee to report what method shall be taken by the State for recovering Guns Bayonets &c belonging to this State which Col Jonathan Wentworth received by President Sullivans order in 1787, and such as have been delivered to any person or persons which have not been returned and what shall be done with the old Iron now on hand belonging to the State," December 8, 1797. — ED.] [8-106] [Daniel Newcomb resigns as judge of the superior court, January 31, 1798. ED.] [8-108] [Letter from Oliver Whipple, of Hampton.] May it Please your Excellency, Hampton April 2d 1798 You will not, I presume, deem it improper, or disrespectful, to address you on a Subject, which I have had no Oppertunity to do, in a private Conversation. I wish S to State to you some Facts, which you have never yet known the Motives or Truth of, and to take of from your Mind, any unfavourable Impressions that you have, received thro' the Medium of certain Individuals, and family Connections, which have for a Series of Years been perticulorly & assideously inimical to me* I do not know, that I ever offended them, but my Spirit would not submit to pamper their Vanity, or give Aid to their ambitious Views to monopolize the Imployments of State. It is true, I have been peculiarly unfortunate in my Family affairs, but when the Motives are considered that led to this distressing Event; which were Interest, the Gratification of an inordenate Passion, & Joined, at that * I mean a Person who inhabits next door to me. Time, to the most inconsiderable & extravigant Folly; it will not be wondered at, by a thinking & dispassionate Public, That a Man of Feeling and Sentiment, should agree to permit a Bill to pass against him, in a Court of Law, that would throw a Shade on his Character, rather than live in a continued Snarl, hostile to every delicate Feeling, & Sentiment, and to those expected Beatitudes of the connubial State : This S' is the real Cause why I permitted a Bill of Divorce to take Place against me, when no Evedence, or even Malice itself could not have effected it, had an opposition been made to the attempt. But tho' this Concession in me to become in some Digree criminal, for the Sake of the Blessings of Peace, is now bro't up against me, as an unprincipled and immoral Man, by the Gentlemen that hold the Honours of the State, Yet S' when you view the Epilogue To this Tragedy, you will see & be convinced; That the Ground of this rash Proceedure against me, was like a baseless Fabric, and the Return of a now convinced, dispassionate Thinking & dutiful Woman, has more Force & Effect, than a Thousand Writs of Error, to reverse the Sentiments of the Public, founded on a Judgment consented to, without having its Evedences & Principles searched out. I will not S entertain you longer, with this Story of my Misfortune, it awakes afresh a thousand painful Ideas in my mind, & must hurt the delecate & sentimental Feelings of yours. Here I wish to drop the Curtain of Oblivion & close the Scene. That I must struggle with This Misfortune forever, would be, as intollerable, as to rool the Stone of Sissiphus, it is greater than I can bear, nor will susceptable & generous minds, impose it on a kindred Spirit. Methinks I have a Gleam of hope yet left in Newhampshire, I do not (tho' oppression & Misfortune will make a man very humble) consider myself among the least of her Sons, & I think I can say, with Truth that no Accusation can be Justly bro't against my Character, as a dishonest Man, either in my Profession, or against my Ability in those Offices of Trust & Confidence, which I have had the Honour to sustain in this State, and that I have with Zeal (and I hope not without Knowledge) supported the Laws & Constitutions of our feoderal and State Governments. From these Considerations I claim nothing, it was, and shall be my constant Duty & Purpose to support them. From this Review of Things, You will pardon me, when I suggest to your Excellency, that there are two Vacancies in the Supreme Court of this State, that it is probable, that the Gentleman, who now holds The office of Attorney General of the State, may be honour'd with the appointment of a Judge. Should that take Place, the office of Attorney General will of Course be vacant. Should your Excellency & Council, think me worthy to sustain that office, I shall deem myself honour'd, & should indeavour to honour the office, by every Possible Exertion to prosecute its Duties, with attention, Punctuallity, Integrity and Ability. I have spent upwards of twenty Years in this State, and wish to spend the Residue of Years in it, but if there is no hope, no Gleam, to give a Spring to lawdable Enterprise, I must retire to more clement Skies, check Ambition for the Present, and only lament it will not be in my Power to be servicable to the worthy Citizens of Newhampshire I am St your Excellency's most obedient & very humble servant His Excellency Governor Gilman. Oliver Whipple PS. Many worthy Characters, & Friends to you, in Portsmouth, whom you are not at a loss to know, wish this Event to take Place, and have, some of them, offered to sign a Recommendation for the purpose. The western Part of Newhampshire, I know would not be displeased, should such an Event take Place. You may communicate This to the hon'ble Council should you think proper, I am S' with Esteem &c &c O Whipple [8-109] [William Robbe, Jr., and Andrew Poor, imprisoned in Amherst for debt, pray for a revision of the state laws in regard to imprisonment for debt, June 4, 1798. ED.] [8-110] [William Gordon resigns the office of register of probate, June 9, 1798. — ED.] [8-111] [Proprietors of "Paddy Seine," 1798.] To the Honble Seneate and House of Representatives, to be convened at Hopkinton in the County of Hillsboro' and State of New-Hampshire, on the first Wednesday of June, 1798 – Humbly shews your Petitioners being Proprietors of the Paddy Seine (so called) which Seine, was first Erected by the first Settlers Londonderry, and drawn on the West bank of Merrimack River a few Rods above the mouth of a Brook known by the name of Naticook Brook, which Brook has lately been frequented by Alewives. But never was known to be frequented by Salmon or Shad |