Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1855-05-18
From the Rutland HERALD
E,ecntiyc Pnrdoms.

"A petition, numerously signed, was sent
from persons in Rutland, recently, to Gov
eruor Royce, in order to obtain the remission
Of fine to which the criminal had been sub
iected by the Court The governor sent tic
following reply-certainly not intended for
publication--to the petitioners. As the
number Of petitioners Tor pardon is much
greater than many are aware, and as the
duties Of the Executive in reference to them
are not we'll considered. we solicited copy
of Gov. Royce's letter for publication. We
shall not apologize for saying that we con-
.ider the following sentiments cminently just
and worthy of a wise statesmen, and prudent
executive.
EAST BERKSHIRE, April Goth, 1853.
Tue petition for the pardon
of is similar in principle to
many others which have had occasion to
consider. The earlier cases Of the kind were
unexpected and my action in these matters
may consequently have been less uniform and
consistent than Intend it shall be hereafter.
These frequent appeals to the Executive, in
case Of fines and imprisonment in the County
Jail., are only to be found in modern prac-
tice. And il such applications are always
TO be treated as being in proper time and
order to be acted upon, the Governor must
often he involved in duties seemingly, to say
the least in conflict and opposition. His
general duty under the Constitution, is to
:" take care that the laws he faithfully exc
Gated" And this includes as well the due
enforcement of the judgments al our courts,
land no less in criminal than in civil cascs,)
as the proper execution Of the laws in other
respects But he is also empowered to grant
pardo rs and remit fines in all cases, except
treason and murder, where the power Is
restricted and qualified. An affirmative
obligation is imposed, and at the same time
n counteracting power is conferred. But
this power, though unlimited in terms. was
no more designed to be practically general
in its application, than imperative upon the
officer invested with it. The terms conlerr
ing the power might. indeed, render par
don in every case legally valid and cffrctual,
but it was not contemplated that mercly
legal potcer would be exerted in opposition
to moral right The power was given to he
exercised in discretion and the proper en-
CURRY is for those rules and considerations
by which Executive discretion should be
guided The occasion does not require that
should enter upon this enquiry infinitely,
and shall only repeat portion Of my
answer to Mr.. L. of b., who lately sent ME
the petition of person convicted, fined and
imprisoned, for violations of the liquor
law -
-.You doubtless regard it as fit ease
for Executive intcrposition. But can only
he justified in treating it as such, when, upon
n satisfactory showing, it shall appear that
the conviction was illegal or maniiestly
unjust or that, by reason Of the petition
cr's poverty his continued imprisonment
would be oppressive and, in the latter case
that relief is persistently denied by those
who have the power to control, compound,
md settle the matter of fine and cost, upon
terms having due reference to the prisoner S
pecuniary situation and circumstances.
Yours with esteem,
STEPHEN ROYCE.