With respect to the prisoners sentenced to die, you are the best judge of the circumstances of their crime and of the characters of the men, and if either of them should appear to you, in other respects, as well as in this instance, worthy of severity, I think it would be well, for example sake, to inflict the punishment on him, and pardon the others, especially as the Regiment, to which they belong, has been particularly addicted to the mischeivous and hateful practice of desertion; But if there are any palliating considerations, or if the general conduct of the men has been pretty good, I should wish you to incline to the side of lenity. Rigour, in our present dispersed situation, would not have its full effect.
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