The weekly ledger., 1857-10-03
The Pardoning Power.


we're upon Gov. johnson because of certain
pardons and reprieves that have been grant
ed lately Now we are ignorant of the mer-
its or dement's Of the course pursued by his
Excelency in the exercise of the pardoning
power conferred upon him by the Constitu-
ton and laws ; and the newspapers to which
we allude, by their wholesale system Of de-
nunciation, without stopping to show specf-
calIy wherein and how the Governor has err
red, exhibit something strongly resembling a
disposition to pander to vitiated and blood
thirsty taste
For aught we know, perhaps pardons may
have been granted that should not have BEEN;
we are as sternly opposed as any to policy
so weak and imbecile that it sets at liberty
vicious and dangerous men who are convict
ed of crime but it is right that pardoning
mower should exist somewhere, and so long
as it is vested in the Executive by the Con
stitution. we cannot unite in denouncing that
officer because of its exercise, until evidence
is produced that he has violated justice in so
doing.
One of the most delicate and at the same
time one of the most serious duties devolv-
ing upon the Governor, is to determine when
Executive clemency should be extended and
when it should be denied. Probably no man
lives who could give complete satisfaction to
the whole people in this respect; certainly
no man could get along with it without rem
derng himself liable to the assaults of vim
dictve politicians, who are ever ready to Gre
ate mountains out of mole-hills. He would
surely be too austere, or not sufficiently So
according as the politicians might elect, for the
purpose of exciting morbid popular prejudice
against him. He would grant too many
pardons, or not enough. Apropos, we are
not aware that Gov. johnson has granted a
greater number of pardons than any former
Governor of California.
There is one thing that should not be for
gotten, now that we are upon the subject
Governors often receive the blame for grant
ing pardons that defeat the ends of Justice,
when the fault really belongs to others. In
most cases, in fact, where the Executive in
terferes enormously, it will be found that the
Judge of the Court in which the culprit was
tried, the District Attorney and other officers
of the same and the jury that found him
guilty, unite in petitioning the Governor for
a pardon. All, o. almost all Of the leading
citizens of his neighborhood likewise sign the
petition, and set forth in pathetic and suppli-
eating terms their solemn conviction that the
convicted man might be safely and properly
and righteously set at liberty. What can
Governor do under such circumstances p
Would not any man be likely TO yield. con-
scientiously, to influences thus brought to
bear upon him?
Often, very often, the officers of courts, ju-
rors, and citizens, yield to the peadings of the
convicted, (or perhaps of his family and sign
petitions asking for pardon or reprieve, trust
ing that the superior sagacify Of the Goreanor
aciA lead him NOT to heed their soiieitations.-
This is wrong -shockingly so; it is ia gross vio-
lation of good citizenship. Those who re-
side in the community where the crime and
trial occurs, know best whether Executive
clemency should be extended or not and
Governors have right to believe that which
arespectable citizen solemnly asseverates over
his proper sign-manual.
Let courts, jurors and citizens withhold
their signatures from petitions other than in
proper instances and it will be seldom that
Governors will offend public sentiment, or vi
olate justice, in the granting of pardons or
reprieves
*.*Since the above was in type, we have
observed that the State Journal has taken
up the cudgel" on the subject of the pardon
ing power, giving it to some OF the harpies
pretty severely Let the snappish come
out now with their specifications" if they
have any.
PRAIsEwoRTHY.- French residents OF
the vicinity of Volcano, this week contribu-
ted sum of money to one Of their country
men who is in the hospital at jackson The
committee who visited their sick countryman,