Minnesota weekly times., 1854-05-30
MINNESOTA WEEKLY TIMES.
FRIDAY, MAY, 26, 1854.
THAT PARDON.

man had valid reasons for granting the pardon,
on the ground that Monroe, if not guilty OF san
assault with intent to KILL, at least guilty of
assault and batterv.-had violated the law, and
ought 10 have suffered the consequences. We see
no reasons for changing our views, on the contra
~ find much to justify them. What are the
facts in the case? Let us see.
In March last, Monroe entered or was permit
ted to enter the saloon of James Dixon, and while
there got into dispute with one of Dixon's hired
men. On the arrival of Dixon he ordered Mon
roc out of his establishment and while leaving
the room, (pushcd out by Dixon, us some of the
witnesses tcstify,) Monroe drew pistol from his
pocket and fired at Dixon, the shot taking effect
in the icshv part of his arm. Monroe was
rested charge of '.assaut with intent to kill"
tried and pronounced guilty, the Judge charging
the jury that if in their belief facts justified the
finding of verdict of an .'assault and battcrv,"
and not an ''asSault with intent to kill, or vice
versa, they should render verdict accordingly.-
The jury came in with an unanimous verdict of
an ''assault with intent to kill.''
Monroe was thrown into Jail, where he has been
living awaiting his sentence, until within few
days past. His counsel, Secretary Rosser, became
Interested in his behalf, and backed by letter
from judge Sherburnc, stating that he did not
think the verdict in accordance with the facts
(but not recommending pardon), Mr.. Rosser
procured the 81 i@natures of many of our citizens,
asking the Executive to pardon Monroe and set
him ut liberty. Judge Shcrburne accordingly
sentenced the prisoner on Monday, the 22d inst
TO one Years Imprisonment in the Pcnitentiary,
and the Governor signed the document which gave
him his freedom.
Now in all this we imputc no bad motives to
Mr.. Rosser-no ''collusion or skulduycerv''-
neither do We think that Judge Sherbourne or even
Gov. Gorman We're actuatcd by any but the kind
lest feelings towards the prisoner, the latter
seeking by his pardoninS power to save con-
demned criminal from that degree of punishment
which he, Mr.. RoSser, and Judge Sherbournc
thought was too severe from the facts adduccd on
the trial, but does all this justify the Executive
tampering with the law-throwing open the door
through which perhaps greater criminals than
Monroe can pass out into the world to commit and
rc-commit their deprcdations upon society? Be-
cause, in the opinion of Monroe's counsel, Judge
Shelbourne or any body else, the facts did not
warrant conviction on the indictment of an s.as-
he who had violated the law to a certain degree
should not suffer the penalty for that violation but
escape oH punishment? Suppose that the facts
did not justify Monroc's committal to the Peni-
tentiary, did they not justify a fine and imprison-
mcnt in the County Jail? What then? Why give
HIM new trial. But, says his counsel, he is a
poor negro, stranger, and cannot procure bail
and if he has a trial he will be obliged to re-
main IN Jail for six or seven months, perhaps
year, and rather than do that, why we will over
look the violations of the law in this instance and
let him 60. Well, it is true, that if a new trial
had been granted, Monroe, for the want of bail,
would have been kept in confinement several
months, to have suffered it may be, but is this a
sufficient reason for his pardon?
We have no i'll feelings towards AIonroe-wc do
not know him,-but, conscious as he must be. of
having violated the law so far as an assault and
battery is concerned, (no matter what the provo
caton,) he must look upon this interference with
the aims of Justice as Il most iniudicious act. If
hc does not, others do.
The ground assumed by Mr.. Rosser, in iusti-
ication of his course is this-The facts involved
did not in his opinion warrant the jury in bring
ng in verdict of san assault with intent to
KILL After that verdict had been rendered, it
his intention to call for new trial, but Mon
roe failing to procure bail, and knowing that a
new trial could not be had under several months.
he preferred to throw the matter into the hands
of the Executive, and upon his clemency, and to
accomplish this more effcctually, he procured the
signatures of citizens, aided by letter
which he had received from Judge Sherburne,
and laid the petition before the Governor, who,
losing sight of the effect such step would have
upon society and the efficacy of the law, gave
Monroe his pardon.
Mr.. Rosser certainly had nothing to gain by
such a course-no votes, money nor influence.
He was probably dictated solely by regard for
Monroe, and being his counsel felt an interest in
his liberation. All this is commcndable but when
Justice is to be mcted out and the law is to be
vindicated, personal feelings should be laid aside,
and the law maintained at all hazards.
Wercgret that this pardon has been granted by
the Governor, not much so because it was or
not deserved, as the influence it will have
upon society. Look at it; twelve men brought in
unanimous verdict of an assault with intent to
kl''-thc Judge and counsel for the prisoner
conccdc it is stron" of assault and battery,
direct violation of the law, and yet the Exccu-
tive, submitting to outside influences, (Which an
executive officer ought to do,) interposes
his power and sets the criminal at liberty. Who
is safe? The precedent is set, (and preccdents in
law are very important points,) and why not par
don others? Bring up your prisoners, then. Get
up your petitions, and let us make clean sweep.
Abolish courts, juries, judges; tear down our
jais and let society have the benefit of those who.
having violated all claim to society, stand ready
to send some other innocent soul into the pres
cncc of its Maker.
There never was time when our laws should
he more carefully guarded than at the present
We are laying the foundation for great city
aye, for great State, and unless shielded by the
judicial branch of our Territory, robbery, ra-
pine and murder will be portion. Have our
people forgotten the murder Of Clark and Hull?
Has the Executive forgotten several other mur-
dcrs that have been committed with impunity in
our midst. Where are the murderers? :. Echo
answers where? The weeds of mourning cover
some weeping mother. some aged father sonic
dotins sister. afectichate wife-hut Sun,
whipt of iustice." the assassas roam. at large.