Weekly national intelligencer., 1851-05-10

ed the punishment be snd is not this also case Of
ssns justice against the law , or because strong suspicious
OF nnocence have arisen sitter the trial. 1t ID equally
pardon ought to be granted ser due investigation only and
that this investg CATION ought be ensured by law.
The pasdoning power might bs transferred from the Exec
utve to the Legislature assembly of judges
emPhacay avese 70 either measure The Legislature s
composed Of members elected represent variety Of nte
rests and views all of which ought TO have proportonsie
weight in the formation Of laws but neither the reasons why
the objects for which egssors elected have any
ne1ion with deciding upon question Of pardon. If the de-
con were left al once to the whole assembly would be
impossible give that degree of attentive examination 10 the
details OF each which its requires and party
feeling would frequently warp decision which could be JUS
tilted only on the ground Of the highest and Of essential JUS
tice II the case were first given committee (as we may
imagine standing committee Of pardon and the Legislature
regularly follow the decision of the committee the lat
ter step is useless il the Legislature however were not to
follow implicitly this decision, have the incongrue Just
Indicated AS to the forming board Of pardon of Judges
alone, think the would be equsy nconsruous The
business of the judge his duty, and his habit Of thinking
strictly TO apply the law. He is valuable magistrate only
long he faithful organ Of the established law but in
the Of pardon, the object is neither make nor to apply
alaw but defeat m operation in given and peculiar case
In order to constitute proper authority which the par
donng privilege be safely entrusted, ought organize
so that the following points seem 10 be we'll secured
pardon be granted ataH ts ~. tt
That the authority be sufficiently strong to resist impor-
tunity: ia
That contain sufficient amount Of knowledge Of the
law, its bearing, and object: tg
That il enjoy the full confidence OF the community
These great objects, il is believed be obtained by
board Of PARDON consisting of proper number Of MEMBERS
say nine Gin the Republic of Geneva it consists Of this num-
the Legislature, with periodical partial renovation Zone
third leaving every three years. and with these further pro-
visions
That the board sit at certain periods Of the year. say twice:
That certain and distinct grounds be- stated in every
petition for PARDON and that without them all petitions ever
so respectfully and numerousy signed, be received
That pardon can be granted by the Governor only when
duly recommended by the board and be granted If the
board recommend second time after the Governor has
turned the accommodation with bis against it
That pardon be recommended without advertising in the
county where the convict has lived previous his mpson
men and where he has committed his cme tba. the board
have in view 10 recommend him pardon, and without Civ
ing proper time TO act upon the advertisement:
That pardon be granted without informing likewise the
warden Of the prison prisons in which the subject Of the
intended pardon has been ncacerated Of the intention
of the board: as f8
That pardon granted without previous inquiry of the
court which has sentenced the convict:
And that the reasons of the pardon when granted be pub
lished. ll
Without some such guarantees the pardonng power will
always be abused. The advertising Of the intention Of par
doning will not be mistaken for constitutional and
illegal call upon the county exercise functions which do
not belong to it. and ought not to belong to it. ass in reality
the Governor Of Ohio years ago respted the execution Of
criminal guilty Of atocous MURDER informing the
time the people county whence the criminal
ne was desirous Of knowing whether they desired the
pardoned or not1
Nor must Il be believed that while recommend to
form the warden of prisoner that bis pardon is contemplate
ed desrous Of countenancing system of pardon
founded upon the good conduct of the convc in the prison.
We consider such nadmssabe for many
has been tried in France large scale, and the effect
bad tba. its author obtained its abolition confess
ing his eor+ What desire is that proper information
be obtained before convict be pardoned and that mpos
ton take place Il frequently happens that pardon is OBJ
tanned BY persons unacquanted with the cupr and dam
gerous and Infamous man is returned community which
had the deepest interest in seeing the law taking its unnte
rupted course. !.
We think proper that the Executive thus controlled on
the one hand and protected against opportunities he ohe
form party TO the pardon because the actual release must
go through his hands.
We doubt not that, a board of pardoning establish
ed in short time series Of fair principles and rules,
what like the ulesof equity would be settled by practice,
the Pardonng would be far less exposed to arbitrary action
Totally distinct however, from the pardonng ought to be
kept the restSto Of convict when innocence has been
proved after conviction Il is babarous confusion con-
found acknowledgement Of wrong committed BY society against
an individual with the pardoning Of guilty person. No
thing can be pardoned where nothing is to be pardoned
where the only pardoner is the convict He is entitled to in
demny, and the process ought to be called by differ
ent name and differently be provided for Not long ago
person sentenced for forgery in England transportation
very long period for e forget which, pardoned
after several years endurance of the sentence because his
nocencs had been made patent. Some English papers
Justly remarked how ncongruous pardon is in such cases
where in fact the question is how great and unous wrong
committed by society sganst individual may be repaired
u some degree at least and far il lies in human power
This important subject Of M own deserving the
serious attention Of all civilized States but does fall within
he province padoning An inquiry into it may be
offered at some future period. FRANCIS LIEBER.
privilege ought remain where it but ina
zine that large number of could have possibly been
the beginning unanimous upon important subject
hat not discussion elected, had the pardoning
made subject any rejection all This is mposs
bic in the nature Of things Men will differ in opinion upon
almost any point and would certainly have differed upon
weghy and delicate subject had their minds been directed
10 il. afI1Hp}sa 2 Ts4Sfts sHe s Ssft@
I'VE certainly think that -health threatening disastrous
should form ground Of release In of
paatvey short sentences if good prison hospital exists
But where hospital exists (which n undoubtedly
ienced and highly respectable pson physician in Massachu-
ses stated in his report years ago. that pardons
of deficient health had tendency increase sickness
the prison. because many prisoners will seriously and
severngy nure their health in the hope of obtaining thereby
pardon prison ought to have hospital and it, in spite
Of good hospital the consciousness Of being imprisoned has
Of itself any bad consequences for the imprisoned patient
Of all imprisonment There serious
than this which are nevertheless unable
separate from punhmen Punishment ought always be
individual and strike but the evil doer yet there
hardly individual punished whose sentence does
the time entail moral physical suffering upon others