Weekly national intelligencer., 1851-05-10

Rhode Island ..d0............l6.O0 l6. 90 .E- " Il.
If take the above list fair representation Of the
whole United States shall find that convict Of 26 33
padoned But fear that this would not be very correct
must be believed that any average number fairly repre-
sens the average isch Of the abuse Of pardonng Al
though there be but very few convcts pardoned in given
community yet ncalculabe mischief may be done by arb
rariy or wckedly pardoning few prominent and deeply
stained criminals the average temperature Of place may
turn out very fair at the end Of year, whe nevertheless
few blasting nghtos.s may have ruined the whole crop
ought to be Kept in mind that in all calculations of pro-
liability, averages must be taken with peculiar caution in all
cycles Of facts in which peculiarly high or low state Of
things produces effects of it's own, differing not only in de-
gree but also in kind from the effects which result from the
more ordinary state of things. In these averages nd
cate very partial truth ony cannot be taken index
Of the desired truth at all The effects Of these maxima
mnma are not dsrbuive, and being effects of their own
they cannot he counteacted by other facts in the opposite
direction This applies to moral well physical averages
and before apply ourselves to averages distinctly
proper connexon with the nature Of the result which we
desire to arrivet
thu .S~-. exists and exists in alarming degree.
The question arises, how is it to be remedied
In trying to this question would preface that we
are well aware that unfortunately, the pardonng power s
in almost all States of Confederacy determined by their
constitutions and cannot be changed without change Of
these fundamental instruments Ths object Of the present
paper however not to propose any political measure, and
shall treat the subject scientific one and open ques
on, irrespective 6 what may be done in the different
States in conformity with existing fundamental laws It is
necessary, before all to know what is the most desirable object
be obtained After this has been done it will be proper
for each party concerned to adopt that practical which
best meets s peculiar circumstances, and settle how
ito allow Of approximation to the dea
bic end
Many vague things have been asserted Of the pslonng
power by writer's otherwise distinguished for soundness Of
thought because they unable to rid themselves Of
tain underlined views and feelings concerning princes and
Some have maintained that the pardonng privilege
be justified only in the monarchy, because the monarch
combines the character Of the legislator and executive, while
Montesqucu wishes to restrict the right the constitutional
monarch alone because he does not himself perform the judi
ca functions All these opinions sppear to visionary and
unsubstantal There nothing mysterious, nothing
cendentsl in the padonng The simple questions for
be Why ought 10 exist If it ought exist, who
ought to be vested with il What are s abuses and how
may we be guarded against them
We have already that certainly the pardonng power
ought TO exist
That there inherent necessity that ought exist in
the Executive, or in the Executive alone
That widespread abuse Of the pardonng power exists
and has existed Of various periods
That the abuse Of the paroning power produces calam
tous effects:
That the Executive in our country 90 situated that in
the ordinary course Of things cannot be expected of him
that he will resist the abuse least that he will not resist
in many cases: 1
And that the chief abuse Of the pardoning power consists
in the substitution Of arbitrary of power Of subjee
the unwaveng operation Of the law which ought to be freed
from oil arbirariness.
We know, moreover that all our constitutions as well ss
the laws Of England actually restrict the padonng power
for instance, regarding fines to be paid p
parties impeachmen,s in most Of our States the
Executive il invested with the right Of padoning treason
which only be done by the Legislature In sthe sgan,
the Governor has authority pardon capital punihment
before the end OF the session OF that Legislature which h
meets after the sentence Of death has been pronounced and
in other States be has only the power of respng the csp
tally condemned criminal until the meeting Of the Legislature
It y obvious that specific has induced our egisla
tors to give the Psrdonng power TO the Executive 1t
rather left where they happened to find or they placed Il
BY anaogy, and in consideration Of any intrinsic
be true that pardon ought be grated only ia
10 which essential justice demands against the law
very specific and peculiar ressons for instance if convict
sentenced TO short imprisonment so feeble in health that
proper hospital existing the incidental Of
imprisonment would b. infinitely than The law intend
sHouse Of Representatives Of Massachusetts is4s No 6s
fcw examples may illustrate the truth too often forgot
ten No farmer can determine the fitness of piyea climate
for the culture OF certain from the heat Of
the Of the winter for the heat does
indicate whether the weather uniform or y;oentv
changeabe the mean interest which money NAV have
oblanable in the Of the year does not indicate The uth
unless know that has been pes tulisry low !,
periods and extraordinarily high others the
naliy Of community eannot be calculated the Der cent
age Of crime unless know that there not been
ary disturbing causes for instance Who has murder
ed half dozen Of people in comparatively small community
and the mscnef pr0uuced oy pardous
the average per ceage aooe not know that
these paons there were not peculiarly arbitrary Or
culary hostile to the ends OF justice Wholesale uardon
may be warranted BY the truest principles and single srp
trary pardon may shock the whole community.
remarkable proof Of this fact seems to have been .r
ed by the late Constituent Assembly the State Of Ncv Y
for far aware there debate on the
ton whether the pardoning power ought to be e
led in the hands Of the Exccutive We very we ina
gae thst after discussion Of this subject majority might
have decide eooeouy 10 our opinion, that pardonnr