Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1846-12-16
G.ntlenien Of the Seante,

and House OF representatives;
Having been called by your suffages 10
The Office of Chief Magistrate ofthe State.
come before you to taxa the oath raTul-
red by the constitution.
Amongst the most important and deli
cate ol the power, and duties c'nLded 10
the Execu'ive are th,sa f,un III the pro
visions of the constitution which require
him to "canse The laws to be administered
in mercy" and confer upon him Ihs
"powcr To gram reprievea and pardoas." !"
Humanity mnurns over the necessity Of
inAic,ns corpora! punishment on human
creature, even f0r crims; but all expert.
ence has sIlown that immunity from plu.
ishmenl LET'S loose the vile5l passion Of The
human heart 10 scnurse mankind.
The ohjec, of criminal punishment, ia
uol only To corr ect the crim:ua bu' to hold
him UP as an example to dsler others !;
aud il is obvious thar The indi'crim'uate
use cr the parlonng power, woul! abro.
gate all our criminal laws, an uproot the
very foundations Of social order. Ii is.
nevertheless. Indispensable t. tie humane
administration Of criminal jus'ire. From
it, very nature il is Impossible T. regulate
its exercis. by iyed rules; yet, think
that something like principle my bs
evolved lrDm the infiiiIe variety Of cir
cums,ances OH which it acts; irs more
Immediate and legitimate use being HE
protection OF lar ocence against uumsritel
punishment.
Cases have occurred, aud may again
occur, where after circumstances have
shewu conclusivcly that the crime Of which
the party was convicted had never been
committed, or that il had been iUa5 by
another.
There are numerous other cases, Of daily
occurrence, where The line between gull!
and innocence is so narrow AS To render il
difficult, to distinguished between them !;
and equally Numerous AID frequent are
those cases where an arbitrary and uflex
ibIe law ha' prescribed a punishment,
with no allowance for the degrees OF guilt
involve in its perpetratiou THUS crime
committed under circumstances, which
morality itself would incline 10 excuse, is
punished with the same severity as thai
committed under the most aggravated
circumstances. In these, and like cases.
the recommendation of The Jury and The
advice Of The presiding Judge would fur
nish safe guides in the exercise Of this
power and shall look with confidence
10 my brethren of the Law Bench to ad
wise and aid me in the discharge Of this
important duty.
There are, besides, numerous class OF
petty Grim es and misdemeanors 10 which,
10 effect the pardonng power has been
coufded, and is habi'ualy exercised by
The Judges,-I mean those where the
measure of tho punishment is confided 10
the discretion of the Judge. For myself,
| do no, know where it could be more.
safely confded, and it ought nor lightly 10
be conroled-bul even here it would be
proper to exercise it, in The few instances
in which the punishment misht---from
circumstances that were mol foreseen and
could not be anticipated, operate more
severely than WAS expected at The time Of
the sentence.
In the distribution of the powers Of the
government, our constitution has confded
10 you-lhe Senate and House of Repre-
senlarives, the most importvnt,-,he pow
er of legislation. Indeed, the Executive
and Judicial are but you agents to carry
into effect your constitutional enaclments;
and it is fit that it should be so. The
whole superstIuclure four government is
based on the principle. that,he,rue source
of all political power is in the people; and
coming Immediately from amongst them,
clothed with authority to express their
will, your voice will be heard and obeyed
in The rehtotes, corners of the State. How