The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1856-06-18
For the Lancaster Ledger.
Articles in reply to the Queries Of
Justice"
III r. +. HAMMOND.
NO. Ill.

NO. Ill.
have before endcavorcd TO show that the
pay Of Jurors is not, strictly speaking, dis
trbutcd according TO Justice, and that State
Witnesses should be remuneratcd for the
trouble and expense that they are forced 10
undergo thiak IN amendment Of the pres.
cnt laws, in regard 10 both eases, is highly
desirable. and " ould prove satisfactory to
the great mass ofthc pcoplc--an amendment
that would allow the one n certain recon-
pcnsc as mileage, and the other the same re.
muRcra ion that is allowed Witnesses when
summoned in cases pending between individ-
uais j am aware OF an objection urged
against the policy Of paying Witnesses sum.
moncd in behalf Of the State, VIZ: that il
would increase the number 10 an unlimited
extent, by the oflicious offers ofunpriucil led
persons whose questionable knowledge "f
the facts in the case, wou'd be of no service
whatever; but think this objection nigh,
be removed by making it mpcrtive upon
Magistrates and cons.abcs TO bind over on.
| ly such persons as are actually necessary
and if the Grand Jury should lind no tfuc
| Bill in the case, neither witnesses nor officers
should receive any compensation. This wc
think would not only obsiate the objections,
but would assist to remedy another evil of
which great complaint is very Justly made
This is tho crowding Of our Courts with lit
tic insignificant cases, arising from some per-
sonal feeling of revenge, or some family
sluabb'c that is hurried TO Court Of law.
under the excitement OF the moment.
will now proceed to consider The third
and last proposition Of Justice" which is
in regard 10 the pardoning power vested in
the Executive. lie is of course right in the
presumption that the Governor docs not
possess more legal knowledge, or that he
is more familarly acquainted with the cir,
cumstances ronn,ctcd with n Sc than
the Court and Jurors, who have decided in
accordance with The evidence neither il il
expected that the President Of The United
Statca should possess more wisdom and
knowledge than both branches Of Congress,
in order to justify him in the exercise of the
veto power; but that power is given him to
guard and protect the Constitution ag .inst n
reckless and fanatica majority. 1t is one OF
the duties of the Executive clearly defined
by the Constitution, that he should see the
laws of,he State faithfully executed in p,crcy;
hence the old and universal maxim, that i,
is better that ninety and nine guilty persons
should escape, than one innocent man should
suffer. A man may be innocSn,ly condemn.
ed upon presumptive evidence, and after
wards, circumstances may arise tending IL
weaken the accusation against him, in which
case Executive intcrposition may be very nee
essary and proper. Again. all law is based NJ.
on some general principle, either real or i,nag
nary, aud j, Is impossible to frame law
that will apply directly TO every feature Of
ease. a jury may have gone according tc
the law and evidence in condemning a crimi.
pal, and yet there may be cxtenuailng cir.
cumstances that they were not allowed to
consider, and 10 such n case the discretiona.
ry power OF the Executive may be rightly
used in behalf Of the condemned. The veto
power should Of course always be placed in
The hands OF man possessing cool head, q
deliberate mind and discriminating judgment
IL is the abuse Of the power, and not tho
power itself, that makes il Objectionable, anG
! think the manner most likely to secure q
proper exercise Of the power. and to prevent
its abuse, is to give the election of Gorer
nor to the people. lie would then feel him
sell directly responsible 20 them, and not TO
their agents, (the Legislaturel Of whom il !,
hardly TO be expected, should they fall to
make proper selection, that thcy would be
willing to tikc TO themselves the blame ant
acknowledge the same TO their constituents
There is'no grea, motive to prompt the Gov
ernor to be particularly cautious in the pro.
per exercise Of his functions ia tho differen,
parts OF the State. He is not amcnable I,
the will Of the people-they have no VOC,
In the election, and IL, after the expiration Of
four years from the time he was elected, he
should desire again the same Office. he has
only To wait until the Legislature meet.
which will bo 10 ample time TO communi.
cate his wishes TO few influential friends
who will immediately put tho wires to work
and before tho people have scarcely heard
that his name Is on the iapis, they will iinG
that he is their Governor. How much interes
has the Governor Of South Carolina taken
In The atfairs Of Lancaster District, for The
last eight or ten yearsi Very little pse
| an trAs H.. a.