Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-01-08

VIII cause the BRUSH government TO pause and count
the cost. Let Us have quailng.
From Ire Wayne County Record, Dec 81
Gov. Whitcomb and the PardoniBg
Power.
We inrite the attention of readers to the follow
ing interesting communication from his Excellency
Governor WHITcoMB, forwarded to of our citizens
some time since, and which should have appeared
sooner, but for the reason that il did not find its way
TO US IN time for earlier insertion.
We would not undertake to say any thing as to the
Claims OF the particular case referred the letter
for official interference But we would do our feelings
injustice were not to commend uneduiyocally
the sentiments contained in the letter his Exceecy
HIS views on the subject of pardons are certainly
reasonable and correct 1t Is true that In this State
we have suffered but little from Official interference
TO prevent the sentence of our Courts from taking
their course. But in otter States, and in some too
judging from tleir age and their rank among the
sister States whose Judicial system should have been
brought to great perfection and whose policy should
have been model for tie younger States the system
of Executive interference has grown to be an ntoe
rabIe evil. This was eminenty the case in Pennsgl.
rama during the late Administration. The power Of
the Executive exercised with little discrimination.
The most hardened offenders were turned loose upon
society in scores, and the result most injurious
to community. The supremacy and certainty Of the
law Frustrated. The criminal learned to disre,
gard Its punishments; or treat them with scorn In
JUDGEMENTS were tnuS neld out Tor The
CRIME, the result of which was its rapid and fearful
Increase. And the must ever be the case where
there is not the greatest taken by the Executive
in interfering with the regular course of tie laws
In the letter of Governor WHITooMB, we have
guaranty that such will not be the case during his
term of Office and we sincerely hope that views simi
lar to his may characterize the Chief Magistrate
Of our State.
IxDrANAroL1s, Nov 10th, is45
DEAR SIR "A press of business has prevented as early
rpD1v To Latte Irvfrb "a
You refer to application (which had previously ecev:
ed for the pardon of WINIFRED WHITE cooTed woman;
Of the crime of mansaugher Of which she had been con-
vieted, the last Spng Term Wayne Court
an indictment for the murder of her infant She
was sentenced to be imprisoned at bodily labor Io two
years, IN the County Jail, where she accordingly
The application for her release pupO to be signed by
the Members of the Court Cleik Sheriff. the Prose-
cutting Attorney and other respectable citizens You suggest
that if is usual TO grant padons where the
mended by the Court Without doubt the Recommendation
OF the Judges acquainted they necessarily are with The
FACTS of The case proven the ta is entitled TO the
highest respect and il has from me- as il ceItsiny
meIed, the most careful consideration. Judges
have made reference the Of the which
would give 10 their recommendation any peculiar strength
that Of oher respectable citizens. there any
such reference in any of the papers forwarded 10 ia sup
port of the application Not is il left 10 be inferred the
endatOn be grounded their undsosed know:
giyeE, on which the pardon is sought
The padoniug power is by the Constitution Of the State
lodged IN the hands of the Executive without e,ponsby
and without limit except in the solitary Of impesch-
ments In my opinion II should for that very ftason be
seldom exercised and always with great caution 1t should
REGARDED properfu of the individual in whom
tits temporarily vested, exercised or withheld cspfi-
ciousy OF for bs mere Personal Qualification Ii should be
viewed as SACRED a deposited with him for the prOec
ton and welfare Of societ 10 be used only to shield the
innocent to mitigate the severity Of general law in its
application 10 particular when characterized By err
eusisnces which At foeseen would probably have secured
from the Legislature the benefit Pardon them
tended to be not destructive Of but auxiliary TO- the crm
nal law and aiding its moral influences preservation
of social order For, if punishment should be Justly
gaIGed too severe under SPECIAL circumstances its infection
would shock the moral Of the community Prove
as Injurious to the Of good government would
unjust pardon While justice policy require that
crimes should be clearly Defined and that punhment
should be mild yet humanity dictates that their
ostion should be oeTsD unless the particular
should clearly call for pardon Nor punshments TO be
inflicted from vndcye motives bnt az an EXAMPLE 10 Others
aud for the reformation Of the delinquent.
With these views in mind let return TO under
consideration As already intmated, the real difficulty in
The way II the pardon asked for consists ia the and
the only urged in its behalf asked for
of the usual grounds such thai from the evidence
the trial fIon facts which have TRANSFERRED Is
ay doubt of The prisoners guilt the ground Of her
youth that il is her first offence, she shown
any signs Of Pc1tfence reformation. Nor il stated that
the puaisbmen awarded under the circumstances OF
case. On the contrary there prcence that
the killing took place otherwise than BY design siOencs
and under such ciTcumtsGces IL difficult to conceive
the of being helpless that the crime could be less
than murder Her padOn asked in Short
deserves it, account of her disposition not
because Of thing relating herself simply fCf
purpose Of saving the County om Tie expense Of her MAIN
ienance in prison because as it is stated no eploymeDt
can be found, by which she can maintain herself.
But in addition to the objections already advertcd il
may be fairly presumed that If employment
the present in your County, will be found under
similar circumstances in other Counties. Besides there
class of cases where offenders punishable BY mprison
meBt in the County JAIL without being required labor
and WHERE of theiI maintenance must be public
charge. Now il pardon ought 10 be granted in the present
the principle uTgedo expenseit should for
the be exercised in oil referred 10,
which would amount to virtual repeal of the law by the
Executive, without the Of the Legislature
The people of Indiana have been subjected the great
Of framing Criminal Code, and of establishing
continuing Courts Of Justice for the protection Of society.
The citizens OF County in addition their share of
this CHARGE have borne the still heavier Of uTies the
time and Of witnesses and the other tuhens Incl
dent the prescription Of violations Of the laws The
question is shall all this be unavalng for the Of the
further of punishment Shall evil example be
and open encouragement to crime be held out inviting
the further commission of Offences bich again
qure in their prosecution only
nate again in the manneT Such a would be
but miserable economy and mockery OF Justice Better
would IL be to repeal the
which would be rendered futess by ultimate
ni'y.
The real evil complained Of In cases like the present. Il
be easily, and ohy rghuiiy reneded by
the Legislature.
With these views, feel constrained BY sense OF duty;
to interfere in the present There other
facts considerations bearing brought
my notice, which might charge this determination Such,
shall be ready all tines receive and consider.
am with great regard
fours, very truly,
JAMES WHITCoMB:
TIE PRISrER's PAy.-The proprietors of the differ
ent papers In New Haven have published a card,
wherein they state that they resolved 10 charge for
the insertion of all notices. whether for religious lit
eTary political meetings associations which NAV
hereafter be sent to theft fesDectiye Offices They