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Letter to Amos T. Akerman to Garret Haubenberk, 22 August 1871
August 22, 1871
Rev. Garret Haubenberk
Norwalk, Conn.
Dear Sir:
I have received your letter of the 19th instant.
You are entirely mistaken if you
suppose that any irritation occasioned
by what seemed to be an importunate
and unnecessary presentation of the case
of Charles A. Willard, would in any
degree affect my official action in
that matter. I judge his case upon
its merits as they appear in the papers
on file. Thus judging it, I have
not been able to bring myself to believe
that he ought to be pardoned. Your
convictions founded no doubt in great
measure upon your private knowledge
of the prisoner, and good will
for him, I have not been able to
adopt. The official history of the
case satisfied me that he was guilty.
Perhaps it is not possible
for one in your circumstances to view
such cases as they appear to one in
my circumstances. I am obliged to
consider the effect of a pardon, not
only upon the individual concerned, and
his immediate friends, but as a precedent,
and as a rule of official action in
other cases. If the principles upon
which alone a pardon could be
granted in Willard's case, should
furnish a rule for general action,
the United States criminal law would
become an idle ceremony. It would
be easy, in a majority of crimes, to
make out as plausible a show of
grounds for pardon, as have been
furnished in his. Of course I do
not question the conscientiousness with
which you have come to an opinion
favorable to his innocence. But, as
I have already hinted, that opinion
must in some measure have been
induced by your personal knowledge
of the man, and your personal sympathy
for him—considerations by which
I am not at liberty to be swayed.
I might further say that the irritation
which I may have manifested
when you were last in the office was
occasioned by what seemed to me an unreasonable
importunity on your part,
not sufficiently considerate of the very
heavy pressure upon the time and
thoughts of an occupant of this office,
which its necessary business imposes. If I were to bestow upon all matters
that come before me, the time and attention
which I had already given to the case of
Willard, not one twentieth of the business
of the office would be done. And after
so disproportioned a share of attention
given to it, and which was cheerfully
given, (on account of my respect for the
conscientious interest which you seemed
to take in the matter) it was unreasonable
to press it further upon my attention
in a mode which would command
much more time than the written statements
which I promised to consider, would
require. But this was only a passing
impulse on my part, and I desire you
to feel that I retain no unkindness towards
you.
Now, in answer to your question,
what more is necessary? I can only say
that if any additional facts are shown
me, tending to establish Willard's innocence,
I shall consider them with the
greatest pleasure, and shall be glad if
they can bring my mind to a conviction
of his innocence. In that case I shall
most cheerfully recommend his pardon.
But a mere repetition of the statements
already made, or the mere addition of
respectable names to the list of petitioners,
will not produce a change in my
views.
Very respectfully,
A. T. Akerman,
Attorney General
Chas. A. Willard.
Conn
122