that might have resulted from their crime, the findings and sentence of the commission were completely warranted, on the ground that-
Both the stature and common law measure punishment to a great extent by the consequences that have flown, rather than by those which might have flown, from the crime commiteted; that an attemtpt to commit a crime, accompanied with failure, is not punioshed with the same severity as an attmept that succeeds, and that the prisoners utterly failed; in view, too, that punishment for the vilation of the laws of war has especial refernce to thefuture conduct of the belligerent party to which the violators belong, and as under present ircumstances such party is unable to do further tharm.
The sentence of death was mitigated by Major-General McDowell, com manding, as follows:
To confinement in the State penitentiary at San Quentin, Cal., T. E. Hogg, the leader, fort he term of his natural life, and E. A. Swain, John S. Hiddle, W. L. Black, T. J. Grady, R. B. Lyon, and Joseph Higgin, each for the term of ten years.
The application now pending for the pardon of Edward A. Seain was evidently prepared uner an impression on the part of the petitioners that he had been tried for piracy and was under sentene of death. They urge their petition in his behalf mainly onthe ground of his youth and his unexceptional character as a mere stripling prior to the wa. It appears, however, fromt ehir admission, that he was not conscripted for forced into the rebel military service, but entered it voluntarily. it ap[pears from documentary evidence produced at the triaol, as already shown, that he was detailed as executive officer, or second in command on board the prospective prize of these prisenrs, the Slavador, when she should become a onfederate rover. his appointment to such a position (understood to be the most influential and resposible in an armed ship) implies full maturity of age and experience. After a careful review of the whole case as exhibnited in the record this office remains of the opinion that no just ground is upresented for the pardon of this prisoner or for a further mitigation of his sentene. It believs, as already intimated, that the sentence of death pronounced against these offenders was fully warranted by the testimonry; that in view of all the cirxcumstances which attended their guilty enterprise and of the bloody and sdesturctive consequences which it threatened, it was a remarkable exercise of clemency on the part of the reviewing officer to commute the punishment of these men to imprisonment only. The few months' confinement to which they have been subjected cannot be viewed as an approximation even to a just expiation of their crime; and to pardon them now or furhter mitigate their punishment would seem to mainfest indifference or indulgence toward one of themost perfidious, cowardly, and atrocious crimes that marked the progress of the rebellion.
Judge- Advocate- General.
SEPTEMBER 22, 1865.
Colonel N. P. CHIPMAN, U. S. Army,
Judge- Advocate, military COmmission:
DEAR SIR: Agreeable to our understaning, I have prepared the folowing statement in relation to the Confederate prisones, &c.:
During the years 1862, and 1863, being in Richmodn, Va., and in the employ of the Confederate Govenrment. I became acquainted with Henry Wirz. He was an assistant keeper of the military prisons, situated on Cary and Min streets, Richmond. He attended alternately
48 R R- SERIES II, VOL VIII