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It is sometimes the custom to release a man from the punishment of a slight crime when the injured person pardons him: an act, indeed, which is in accordance with mercy and humanity but contrary to public policy; as if a private citizen could by his remission do away with the necessity of the example in the same way that he can excuse the reparation due for the offence. The right of punishing does not rest with an individual, but with the community as a whole, or the sovereign. An individual can only renounce his particular portion of that right, not annul that of all the rest.
On the 23rd of December the committee met again in Fishamble Street, and resolved to address the Prince Regent on the invasion of their right to petition, appointing a general committee to meet again in Dublin on the 28th of February, 1812. In January, and at the commencement of February, Earl Fitzwilliam introduced the consideration of the state of Ireland, and Lord Morpeth proposed the same subject to the Commons, but both motions were rejected.These cases may serve as illustrations of the state of the country at that time. On the 10th of January between twenty and thirty of the convicts were brought up together for sentence, and it seemed difficult to believe that so ill-looking and desperate a set of villains could be congregated in one place. They had all, with one exception, been found guilty, without any recommendation to mercy from the jury. After an impressive address from the judge, the sentences were pronounced, varying in the amount of punishment assigned. But they heard their doom with the greatest indifference. The commission next adjourned to Ennis, the assize town of the county of Clare, where the results were equally satisfactory. The judges arrived at Clonmel, the chief town of Tipperary, on the 24th of January. There they found upwards of four hundred prisoners in gaol, charged with crimes marked by various degrees of atrocity. The trial that excited most attention here was that of John Sonergan, for the murder of Mr. William Roe, a landed proprietor and a magistrate of the county, who was shot in the open day, upon the road near one of his own plantations. The scene which was presented in this court on the 31st of January, was described in the report of the trials as scarcely ever paralleled. Five human beings, four of whom were convicted of murder, and one of an attempt to murder, stood in a row at the front of the dock, to receive the dreadful sentence of the law, which consigned them to an ignominious death.
V1 letter of earlier date, "has engaged Abb Le Loutre to distribute the usual presents among the savages, and Monsieur Bigot has placed in his hands an additional gift of cloth, blankets, powder, and ball, to be given them in case they harass the English at Halifax. This missionary is to induce them to do so."  In spite of these efforts, the Indians began to relent in their hostilities; and when Longueuil became provisional governor of Canada, he complained to the Minister that it was very difficult to prevent them from making peace with the English, though Father Germain was doing his best to keep them on the war-path.  La Jonquire, too, had done his best, even to the point of departing from his original policy of allowing no soldier or Acadian to take part with them. He had sent a body of troops under La Corne, an able partisan officer, to watch the English frontier; and in the same vessel was sent a supply of "merchandise, guns, and munitions for the savages and the Acadians who may take up arms with them; and the whole is sent under pretext of trading in furs with the savages."  On another occasion La Jonquire wrote: "In order that the savages may do their part courageously, a few Acadians, dressed and painted in their way, could join them to strike the English. I cannot help consenting to what these savages do, because we have our hands tied [by the peace], and 104
At this time, a gentleman of Boston, John Nelson, captured by Villebon the year before, was a prisoner at Quebec. Nelson was nephew and heir of Sir Thomas Temple, in whose right he claimed the proprietorship of Acadia, under an old grant of Oliver Cromwell. He was familiar both with that country and with Canada, which he had visited several times before the war. As he was a man of birth and breeding, and a declared enemy of Phips, and as he had befriended French prisoners, and shown especial kindness to Meneval, the 358 captive governor of Acadia, he was treated with distinction by Frontenac, who, though he knew him to be a determined enemy of the French, lodged him at the chateau, and entertained him at his own table.  Madockawando, the father-in-law of Saint-Castin, made a visit to Frontenac; and Nelson, who spoke both French and Indian, contrived to gain from him and from other sources a partial knowledge of the intended expedition. He was not in favor at Boston; for, though one of the foremost in the overthrow of Andros, his creed and his character savored more of the Cavalier than of the Puritan. This did not prevent him from risking his life for the colony. He wrote a letter to the authorities of Massachusetts, and then bribed two soldiers to desert and carry it to them. The deserters were hotly pursued, but reached their destination, and delivered their letter. The two ships sailed from Quebec; but when, after a long delay at Mount Desert, they took on board the Indian allies and sailed onward to Pemaquid, they found an armed ship from Boston anchored in the harbor. Why they did not attack it, is a mystery. The defences of Pemaquid were still unfinished, the French force was far superior to the English, and Iberville, who commanded it, was a leader of unquestionable enterprise and daring. Nevertheless, the French did nothing, and soon after bore away for France. Frontenac was indignant, and severely blamed Iberville, whose sister was on 359 board his ship, and was possibly the occasion of his inaction.  Callires et Champigny au Ministre, sans date.