Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1846-11-25
For the Telegraph.

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Bonham's case is the subject matter Of
excitement, conversation and action just
now. Petitions for his pardon, reprieve, or
respite are in circulation, without much re-
ference to what the powers Of the Execu-
tive may be; and in many cases where hose,
who would be glad 10 see this mans lille
saved, have refused to sign his petition on
the ground that it asks for too much, they
have been charged with inhumanity and
want of feeling and sympathy. The Gov
ernor too, will undoubtedly come in for
full share of Condemnation whatever course
he may pursue. Before judgment is passed,
however, upon him, or upon the petitioners,
or upon those who decline TO become Pc
titioners in behalf of this unfortunate man,
it may be well TO inquire what power these
petitioners and the people have given to
the executive A correct understanding
of the subject may save multitude OF
thoughts and words.
The inquiries that arise are, can the
Governor pardon? can he commute the pun.
ishment? can he reprieve? can he delay or
respite the execution Of the sentence?
The first question is answered ifirma-
lively in the language Of the I'd sec. OF The
act establishing the Territorial government
of Wisconsin: The Governor may grant
pardons for offences against the laws of the
said Territory"
The answer to the second question must
be in the negative unless j, can be proven
that The power above given TO pardon the
offender includes the power TO commute his
punishment. 1t would be difficult TO sus-
tain this position. The Legislative power
makes the law: the Judicial power pro-
nounces, and the Executive is TO execute 1t
unless power has been given him to remit
or exchange it. To pardon is 10 remit or
forgive TO commute is TO exchange
punishment from greater to a less one
Does the cypress power 10 forgive imply
right to punish in any degree2 The ques'
ton itself involves an absurdity. The
terms are entirely different, in their charac
ter and meaning. The result Of commute.
ton could only be arrived at by first forsir
ing and then Furnishing by passing sen
tence, of different character de moro
power not apperlaning to any Executive,
unless expressly given.
In many of the states the Executive has
cypress power to pardon absolutely, or on
terms, or to commute the punishment. 1t
should be SO in Wisconsin, but il is not,
and it cannot be maintained that any Exec
u,ive has the right under tho pa~6oning
poper merely, O, exofic;o, TO erchangc one
punishment for another In one state, the
Executive under the general power to
pardon, RENTED the pun shment on comdi-
ton that the convict would leave the state
and not return. This was held 10 be an
usurpation of power.
Can the Governor reprieve? BY the
act above referred 10, the executive can
only grant repricres for offences agains,
the laws Of the United States ''un,l the de.
c;sion OF the Presiden, is known" 1t fol-
lows then that there can be no repricre in
this case.
Can the Governor respite or delay the
executions The law on this subject, Wis.
Stat. page $40 is as follows: "Ifi, shal!
appear 10 the salts faction Of The Governor
that any convict who is under sentence Of
death has become insane, the warrant for
his execution may be delayed, or if such
warrant has been issued, the execution
,he,eof may be rtspiled from time to lime''
L,sanity then is the only ground on which
the Governor can interfere in any way,
except 10 pardon absolutely and uncond;-
Aoaaliy. This conclusion shows the i'm.
poItance of a change in the law regulating
capital crimes and their punishment. Ii
should be changed, and soon too.
The power TO commute should be vested
somewhere, and in many cases ought 10 be
exercised. Circumstances may arise az
ter trial TO warrant and even require it,
particularly in cases Of conviction on cir
cums,antial evidence, or where ma erial
facts which might have changed the char
acler of the verdict have subsequently been
discovered. Let the next legislature look
to this. The cause Of humanity dema nds
It. S.
A friend has in his possession ready TO
be handed over, The following curiosi,es
) for the National Museum, now being es-
tablished:
The cat that was let out Of the bag.
A bottle Of the ''spiri,s" tina: were called
from the "vasty deep"
The shoe in which the shew bread, used
at the Jewish passover, was baked
A chip from the stake OF the Mormon