Weekly national intelligencer., 1851-05-10

which he prescrbes in human language. which OF itself u
but imperfect approximation TO mat winch 70 %
expressed Laws Cannot the very nature OF things be
made abstac, mathematical and so long as we 1--we on
this earth where we rom face 10 face where
mind cannot with mind except through signs which
have their inherent mperectons cases must occur
in which The strict and formal application OF the law operates
against essential Justice, that shall acuay come 10 the
conclusion that IN country in which the soueegnfy OF the
laws Is usty acknowledged stand 10 need of conciato-
y power TO protect ourselves agans atyrny o. ,ae w'
which would resemble the bed of and would some
times sacrifice essential Justice bleeding victim a the
shrine OF unconditional and inexorabe law ITSELF 10
these cases among Others that the adags OF the urists them
selves applies SumnIum JUS, sUmma inurta. we take
then for granted on all hands, that justice being the great end
Of all civil government and law the TO obtain b the
parjonng power IN order 10 protect the citizen
against The latter whenever in the peculiar combination Of
initiates with the true end OF the State that
is with Justice itself Blu. is equally that the supre
macy Of the requires that the extraordinary power Of
pardonng welded in the spirit Of justice and not accord
ing to individual bias, personal weaknes arbitrary view or
interested consideration truth which u the more important
in our country, because the principles which make
bow before the law supreme earthly ruler also bring
the magistrate the level Of the citizen that he who
invested with the padoning power is exposed 10 variety
Of Influences individual and POLITICAL which have powerful
and often, practice shows, irresistible ec, although
there no inherent connexon between them and the TO
which the pardon apPlednfuences, therefore, which in
this arbitrary or accidental All arbraIiness
however, odious sterling freedom in general and the
arbitrary Of the padoning power and its frequency pro-
duces the disastrous consequences in particular
Il unsetles The general and firm reliance the law,
abiding confidence its supremacy and loyal love OF Justice
destroys the certainty Of punishment which one OF the
important and ecacous elements in the whole punitoy
scheme and increases the hope Of mpuny. already great
crinay disposed, according 10 Inc nature Of man ana
the deficiency even Of the best conrlved penal
systsms
II endangers the community since perfectly true what
the prince poet in his great wisdom, has said that
g Mercy is not itself, that oft looks so;
Pardon is still the nurse of second wo."
neeres tcuay with the wise Of reform
which penienary systems aim foi all men. pacti-
cay acquainted with their operation agreed that
form fairly begins convict before he has not calmly
made bis mind TO submit to the punishment and so long
hope Of pardon leads his thoughts from the cell to
the anticipated enjoyment Of undue enargement-a phe-
nomenon easily to be accounted for upon psychological
grounds
induces large numbers Of wedisposed persons, male
and female, from superficial feeling OF pity to medde with
of which they have detailed knowledge and with
subject the importance which they have never con-
sdered.
II largely attracts to the community which the pardon
ing power known be abused criminals from foreign parts
where such abuse does not exist; 1t imports crime.
II makes every sentence pardoned unjust for
in matters Of state every act should be founded right and
equal Justice No one, therefore, has the right whatever
his may be- extend favor without extending
it to all equally situated and consequently, equally entitled
the favor The doctrine Of Dr. Paley Of assigning cap
tai punishment many kinds Of offences, but nficting
only upon few examples Of each kind, which be actually
calls Of the two methods Of administering penal justice
revolving monstrosy practically viewed and to
positive absurdiy in philosophical and scientific point Of
view.
1t adds with the very commonly annexed condition of
paaton the fagrant abuse OF saddna, in an nhuman
christian, and atesmanlke manner, neghbong commu
mites with crme which the people, whose sacred and
bou1den duty punish it weak and negligent
to mete out its proper reward
And places arbitrary power in the hands Of single
individual several individuals in States where all arbitrary
power is dscamed, and allows them by irresponsible
defeat the ends Of tosome, costly and wedevised
justice and legislation, putting the very objects Of civil gov
eminent to naught
We do not heorize on this subject All the disastrous
effects the abuse of the pardonng powell whether inherent
in the power ITSELF when unlimited by proper restrictions, or
shown themselves among in alarming degree, and are
n many parts Of the country on the increase
For The proof of this evil Of things appeal every
whole country who has made penal matters the
long series Of years the official reports Of persons connected
with prisons and penitenses and oflegsave committees
teemed with complaints Of the mischeyou effects OF the
pardoning powers appeal to the daily papers near and
far, and to recent in OF most prominent
Ses where pardous have been granted to cr
mnas of the dangerous pesevern and resolute sort
without the least indication Of their REFORM after short
time Of imprisonment which had already been substituted
for capital punishment; we appeal TO the statistics when
ever they have been collected, from official documents this
melancholy subjects and, asly appeal the present
mens Of grand ues in several States Of Union in which
the frequency Of padons under Governors had been
called by the severe vet merited Of nuisance
So long ago the year 1892 Messrs De Beaumont and
De Tocqueve showed their work the penitentsry sys
TEN in the United Staes+ by documents and statistical tables
the fghtfu abuse of the pardoning power in the United
States in general and the additional abuse naturally result
ing from the circumstances that pardon literally
tended to those convcts who sentenced long period
OF imprisonment, or for life, than to less criminal persons
We refer especially the I'd part the 9Th Of the
pendix, page 232 Of the translation We that in
some, perhaps many States Of the Unon the pardonng
power has been used sparngly sHce that time but it
will be observed that there security against return to
the former state Of things is the effect Of pardonng
though yet abused in few gang cases. which attract
wealthy distinguished family pardone although guilty
OF welproved henous crime men are pardoned on
political grounds although they have committed infamous
and revolving offences Such have peculiar tendency
70 loosen the necessary bonds Of law abiding and awre
ing community, which has nothing else, and proud Of hav
| ing nothing else, 10 rely upon but the law.
Many ago Mr.. M. Carey said in his Thoughts on
Pententiares and Prisons The New York committee as
certaned that there who make regular trade Of
procuring pardons for convc by which they support them
selves They exert themselves obtain signatures re-
commendaons 10 the Executive authority extend pardon
to them by whom they employed And in this iniqui
ous traffic they generally successful through the facility
with which respectable citizens send their namee without
knowledge of the merits dement's Of parties
Few have the moral courage necessary refuse their
signatures when applied by persons apparently decent
and respectable and few Governors have the foritude to
refuse"
To this statement we have now to add The still more ap