Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1854-07-17
Executive Clemency.


muted the punishment of McCauley, con-
demned to death, in Rockingham county,
by jury Of his peers, for the murder of
Lilly, to imprisonment in the Pcnitcntiary
for term Of years, not mentioned. We
know nothing Of the peculiar details Of this
case which have been brought 10 operate on
the Executive. We do know however, that
the murderer received a fair aud impartial
ttial in the County where the deed was
committed, the result Of which trial was,
the establishment. Of his outlines Of MUIR
der in the first degree What the charac-
ter OF the petition and the reasons therein
urged to accomplish this result were. we are
not informed. The Dispatch SAYS they
were such as TO make strong case for ex-
.seutivc interposition. and to require, in
justice as well as IN mercy that the extreme
penalty ofthe law should not be enforced
This may be So but we will semark that
it is quite likely all the circumstances hdy.
ing material bearing in the premises,
were adduced at the trial, without producing
in the minds Of twelve honest and capable
Jurors, doubt as to his guilt. This cir
eumstance Of itself should outweigh all
the representations and appeals made from
sympathetic impulse, and in the irrespon-
sible form Of petition. We could get up
and have numerously signed. petition to
hang or imprison Gov. Johnson himself
Few men take the time to read paper Of
that kind, but are governed pretty much in
their action by the names which precede
on the list. Hence it is, we are Of the o.
pinion that petitions affecting SO seriously
the rights and security OF community should
have little weight y it'll the Executive. 1t
is unreasonable to suppose that,twelve men
Of his County, sworn in the sight of God
and man to discharge their duty, and to be
governed by the law and the evidence in
their deliberations and final decision, should
without sufficient cause, condemn McCau-
ley TO murder+rs death, aad his wife and
little ones 10 hell Of infamy supeIla,ive
in the annals of crime. When executive
clemency is exercised in such a case, we
believe it is unwisely exercised. For
what are our laws enacted. if the penalty
Of their violation is not enforced? We had
Setter at once abolish them and forego the
form Of trial by Jury, in cases Of high
crime, il the verdict thus resulting Is to be
set aside BY Executive interposition. The
power vested in the Governor which mar
be thus exercised, is intended 10 prevent
injustice from hasty and excited action, in
cases involving life and liberty. Can such
be affirmed as the fact in this instance
1t is sore affection to any community,
il matters not how loud the appeals of JUS
tee may be, to'relieve ITSELF by hanging
of an unruly member, in vindication Of the
majesty Of the law and the rights Of socie-
ty. But instances occur where the just de-
mands Of the law and society require the
infection Of the death penalty and when
those demands have been fairly investiga-
ted and ,mpartially passed upon, by men
acting under the sanction Of their oaths, we
do not think it comes within the policy of
Executive discretion to contravenc such
verdict 1t is becoming entirely too COM
mon for Virginia communities to yield to
the generous impulses Of the heat at the
expense Of justice. None would be more
willing than we to soothe the distress Of
the victim himself and to cover him with
the mantle of mercy, or TO administer TO
assuage the grief OF his heart-stricken fam
lily, did not such action compromise the
principle of divine justice and thwart the
just ends Ct human law. But as citizens
Of community, whose rights are sacred, and
the violation OF which, with impunity, in
one instance, leads to a repetition Of GRIM
inal acts, and the cultivation of hope Of
elading the claims Of justice, we must in
sist on ngid enforcement Of the penalty
Of the violated law, in order that the inno-
cent may rest secure in the enjoyment Of
$500 ''S"'o, dhu VIC NICIooS anu uCopCtutC,
be held in check.
The case Of Wilson, whose death SEN
fence was committed by Gov. Johnson.wa
sgch as to concentrate the foulest guilt Of
see midnight assassin upon him. The
partner of his crime, who was tried before
the same jury. on the same evidence, and
sentenced by the same Judge, was ushered
INTO the presence Of his God, with the
brand Of Cain resting on him, leaving his
wife aid innocent and helpless children to
buffet the storms of friendless world, with
no other inheritance than that bequeathed
by the executioner's axe, while Wilson's
punishment was committed by what, we
think, very unwise Executive interposi-
lion. These cases are multiplying too ra-
pidly to agree. at least, with our notions Of
justice and humanity.
And there is still another case for the
,aterPosition Of this elastic prerogative.--
MeTsig, who is now serving bis time in
the PeM'tcntiary-a berth he received BY
the action Of an Augusta County Jury--is
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