The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-04-11


them THE lesson.
How IS JUSTICE ADMINISTERED IN NEw YORK?
Objections Of no small importance are sug-
gested by the frequent use by the Governor Of
the State of the power of pardoning condemn
ed criminals 1t is not necessary to allude TO
particular cases, or even, for that matter, to
particular Governors; the broad fact is plain
enough that it is fast becoming rarer 70. even
the wopst class of criminals to serve out their
time in prison, and that, in practice, sentence
Of a court of Justice almost invariably means
less than it says Men are sentenced to Jail
for murder, arson, rape, robbery, theft, riot,
and all such offences; with infinite labor and
at great expense . conviction is obtained
against them; they 60 to Jail, and society is
purged if not avenged; but before the circum-
stances of their case have grown dim in the
memory, down from Albany come letters or
telegraph saying that the Governor has exer-
cised the pardoning power, In Difference to the
earnest solicitations of their friends, and that
they are at large once more. This is not 30
litary or an exceptional case. 1t is the gene
raj, well nigh the universal rule. A man must
in fact be very friendless and very unlucky
indeed if he serves out his time in prison in
the State Of New York in the times In which
we live.
That such was not the intention Of those who
transferred to the State Governor the old ND
narchical "prerogative of grace" Is quite OBJ
vious Past generations had their faults; but they
d,J ch - ~ Tow
an offence to be five years imprisonment and
to imply or admit, at the same time, that by
an abnormal executive interference, that Pc
riod should be systematically shortened to
three. This pleasant inconsistency is Of our
own inventing. No man moves in Assembly
or Senate that the penalties imposed upon
crimes and misdemeanors by the Criminal
Code be alleviated. We keep the law Is it is for
the sake of multiplying it. We hold it in terro
rem over the malefactor's head; but at the
same time we comfort him with the daily spec
tacle of it's authoritative violation. In one
breath we threaten the murderer with ten
years. rigorous confinement; in the end we
show him how invariably this term is cut down
by the Governor. Is there any sense in this?
If the Governors are to continue to pardon as
they do, shall we not manfully 60 to the root
of the evil, and reform our laws? If they are
too severe-snd nothing else can justify the re-
gular exercise Of the pardoning power had
we not better take in hand the defect our
selves, and amend it, instead Of trusting to in
dividual Governors?
1t is fast becoming more and more difficult
to condemn q criminal in this city. In the
state of the jury law it requires uncommon vi
GLANCE, and at the same time uncommon good
fortune on the part Of the public prosecutor to
empanel jury that will convict on on any
evidence. Some of the best legal minds are
driven by the fact into . total disbelief in
the practical merits of the jury system; others
believe that the adoption Of the French plan
Of deciding BY majority of votes would OBJ
viate the evil; others again contend that
much might be done were the judges to con.
fine themselves more strictly to their province
the law-and to conine the jury strictly to
theirs the facts. Without stopping to examine
any of these opinions it is notorious that the
most barefaced and inexcusable malefactors
can hardly be convicted and sentenced in New
York. This, surely, is burthen enough for
any community to bear. Now, if in addition
- this, it is to be a settled principle that the
Governor shall exercise general supervisory
power over the decisions Of courts Of justice,
and that that power shall always be exerted
ON behalf OF the criminal, the burthen will be
too great to bear.
The pardoning power is in itself . CONTRA
diction and violation of the judicial system.
1t was created to be used only in very rare
cases and under penal code which was cha
racterised by excessive severity. 1t was in
tended, for instance, for the case OF mau
who, having been sentenced to twenty years
Imprisonment for having yielded TO temptation
and forged, or to passion and killed, had led
an exemplary life for some ten years in con-
finement. To restore such = man to society
Yves evidently good and wise; but to pardon
every scamp who is sentenced to prison in
New York because his lawyer and his friends
ask for his pardon, Is to stultify the whole
administration of justice.