September 19th, 2015 Headsman
State of New York, Executive Department
Albany, Sept. 4, 1851.
To Thomas Carnley, Esq., Sheriff of the City and County of New York
Sir: — I have carefully considered the application for a commutation of the sentence of death pronounced upon Aaron B. Stookey, to be executed on the 19th inst., for the murder of Zeddy Moore.
I have weighed the evidence with an anxious desire to give him the benefit of every circumstance which tends to extenuate his guilt; but after a mature deliberation I am clearly of opinion that his conviction was merited, and that the ends of public justice require the execution of the sentence.
The facts disclosed on his trial were sufficient beyond all doubt, to constitute the crime of wilful murder. It is contended that most of the material witnesses for the prosecution were persons of infamous character and unworthy credit. Making all due allowance for this objection, the proof of his guilt is so complete and overwhelming as to preclude any doubt, and in fact no material fact alleged by any of the witnesses have been called in question by the convict or his friends.
It appears that Stookey met his unfortunate victim casually in one of the public streets of your city. He was armed with deadly weapons, which he usually carried about his person. Upon provocation which, if not wholly imaginary, was too trivial to justify even momentary resentment, and apparently with no other motive than the indulgence of wanton and brutal passion, after first instigating his comrade to commit violence upon Moore, he declared his own intention to kill him and instantly stabbed him to the heart.
To palliate the enormity of this offence, it has been alleged that Stookey was laboring under temporary alteration of intellect, and was morally incapable of an intentional and deliberate crime. [i.e., he was drunk on rum -ed.] Several affidavits have been placed before me intended to sustain this hypothesis. Deeming it my duty to obtain satisfactory evidence on so material a point before coming to a final decision, I have caused an investigation to be made of all the facts bearing upon the question of insanity, and the result proves that there are no sufficient grounds for such an assumption.
It is shown that Stookey, for some years past, had led a life of dissipation and debauchery, that his moral nature was depraved, and his mental faculties impaired, by a long course of vicious indulgence; and in this general degradation of character consists the only reason that has been adduced for doubting that he was conscious of evil, and still retained those powers of moral perception which are given to discern between virtue and crime. All the usual phenomena of insanity and lunacy are wanting. There was nothing in his conduct to indicate that destitution of reason which absolves men from moral and legal responsibility.
My sympathies have been deeply moved by the earnest appeals made in behalf of your prisoner by his worthy relatives and friends. The petitions presented to me bear the names of many influential and respected citizens, whose opinions deserve the highest deference and regard. It is a painful office to be compelled to resist these urgent and affecting solicitations. But all must remember it is the voice of the law which condemns the murderer to death. This penalty, the most dreadful which human power can inflict, is imposed not in a spirit of retaliation or of vengeance, but from conviction of its necessity, for the protection of society and the security of mankind. The severity of the law in this respect has its source in the sacred regard for human life which pervades all civilized communities.
It proclaims in advance, to all whose evil passions may prompt to deeds of blood and vengeance, the impressive warning, that whosoever shall take the life of his fellow being shall thereby forfeit his own. This stern mandate is conceived not in cruelty but in humanity; in compassion for the innocent rather than a willingness to destroy the guilty; it originates in the obligation which society owes to all its members to protect them from unlawful violence, and its true aim is to prevent both crimes and punishments by restraining those who can only be deterred from the worst of offences by the most terrible penalties.
I am aware that serious differences of opinion exist among enlightened legislators in respect to the justice and tendency of a penal code which forfeits the life of the offender in case of murder. It does not come within my province to discuss this principle in the discharge of my executive duties. The law as it stands must be my guide, so long as it remains in force. It is among the first and highest of my obligations to see that it is faithfully executed.
The penalty which the State has prescribed, as a punishment for the crime of wilful murder, must be enforced in all cases where the offence is established by clear and sufficient proofs. This responsibility, weighty and difficult at all times, derives unusual force from the alarming increase of crime in some portions of our State, and especially in your city. The destruction of life by criminal violence has become an event of almost daily occurrence. My reflections upon this subject have produced a firm conviction that this deplorable evil is to be checked, and the lives of our peaceful citizens effectually shielded from danger only by an efficient, faithful and unswerving execution of the law. The peace and safety of society are too sacred to be hazarded by the indulgence of those generous sympathies which the fate of the convict is so well calculated to excite. The demands of justice, and an enlightened regard for the public security, must prevail over the pleadings of compassion.
It remains for you to discharge the most trying duty of your office as I now do mine.
P.S. — I intended to have remarked that Stookey’s crime may be traced directly to the habit he had adopted of carrying a dangerous weapon concealed about his person. His fate should be a warning to all who indulge in this reprehensible practice. It cannot be too strongly impressed upon their minds that persons who choose to carry concealed arms, will be held to a rigid responsibility for the use they may make of them, and for all consequences that may ensue.
(Clemency denial and execution order as printed in the New York Spectator, September 11, 1851.)
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