New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-02-02
THE PARDONING POWER.
INTERESTING CORRESPONDENCE

Urea, Jan. 7, 1889
The Hon. JONI A. KJNG--D Dear SIR: As You have
met left the office OF Governor Of this STATE deem Il
fit tine to express to you the options winch eXpe-
riebce and reflection have given me with regard 70
the pardoning power.
with resreot to its exercise but it is not my purpose 10
defend those upon vnom the Constitution has imposed
the painful duty Of deciding upon questions involving
the lives or liberties # fellow beings in only anx-
ious that popular prejudices should not prevent
humane careful but fearless exercise Of this power.
This is demanded not only by mercy but ny justice
DO not fsyOr s free but its ygisnt exer Use. While
il is weakness to yield 10 opportunities 1t IS wrong TO
withhold ts use in proper cases. There s laiiure 10
duty WREN dgert inquiries are not made into The cases
of the miserable inmates Ot our prisons. There IL
srsrge idea abroad the, those who are least attentive
70 this duty most meritoTiOJs; ant macy look at
the number f psdcns, not at their proprety, when
they form their opinions as 20 the conduct OF our
Governors.
Bat there are obsacles in the WAY OF the intelligent
OF the discretion q the Executive IN these cases
which should be removed and to which public atten-
tior shc uld be called. They GAUGE Injustice in many
cases ard in others prevent convictions Of the guilty.
The hardening power cannot be dispensed wltb
neither can with proprety be placed in other hands
II is necessary tn meet the exige1cie3 sprnsng up in
a State where there annually more than twenty
Thousand penalties imp Osed by counts Of all grades.
Der statutes cannot provide for ell the vared forms
and circumstances under which criminal convictions
occur. The population of New York is drswn ff0U
every quarter OF the world. Many penalties are put
upon conventional offcnses, ard great number Of
those who sre convicted Of violations of our lsws,
are ignorant Of our language and customs. In our
large ctes the necessities Of police control lead 10
buried and imperfect inyesiig stons, and many are
Imprisoned without the usua forms Of justice IL is
true that most Of these persons are known 10 be
vicious but in cases the innocent are swept
Along with the guilty, and great suffering snd Injustice
is thus csused. Most OF the paIdors granted are 20
save the ignorant snd innocent from i'm prsonment on
charges for minor oeuses. In view of these facts it
has been proposed TO give this prerogave TO trbq,
raj TO be formed for the purpose. IL this slouli
be O. utYOled by person. il would merely transfer
the power from Oue mGR 10 smother. IL 1t should be
Dede mp Of several persons, Il would becCns another
criminal court. tnless IL wac AT ell times IN session,
Il would Lot decide with sufficient promptness TO
Eeve persons vroDgfully convicted, could II act
upon those frequent and secret cases connected with
the detection OF desperate criminals aLi OF dangerous
cou bInatiOrs. Such trIbuna would, also 10 short
time, adopt formulas and modes OF proceeding winch
would cut off the most meTturOus ap ,lCa ants, the
iriendless, tie helpless and the ignorant. The pre-
rogatve should be left with the head Of the State
Government. To relieve the pressure upon the Gov
ernor, I've things are necessary;
Fart: The criminal laws Of the State should be
amended ard more discretion given to the Cousts 10
imposing punishment.
assistants aud his paruett shOui be strength
en-1 and Organized.
By our statutes the Courts are compelled to meas.
ure the puEi hment they uhict by the technical name
# the oAense md OF slowsd, beyond certsin i'm
rs 20 .ard the character Of the act. I by our crm
mai cmenclature the act is called Burglary" the
sentence must lie az least five years imprisonment.
Mitigating facts cannot be taken ~ account. Cases
have occurred in oCr Courts whers the burglary
was hardly moral CTepse, tnt tie lay va inexors-
be. The same difficulty exists with rega-d 10 many
ctheI oftpsss p9esr our Code NhsD The punishment
Is urtuly severe there is difficulty II set.inS conyc'
to,s ~ # tb,y are cbtanai the Courts cal for EI-
ecutiye Interference. large share Of psrdQEs are
GREETED in such cases. In many instsnc g. the zen
tsuces pronounced NOT the uignshrs and decisions
Of the Courts but the letter Of tho law. II Is tue
that the sentences are Only modified by TIE Governor
IN such instances but the term pzrGOa g applied %
them, and TIE moral effect Of the nSiClOn l. De-
s,royed, although the criminal may suffer seyerely.
IL capital convictions If the sentence q death s con-
musd for life the Pablo feel tia, the
criminal yea the pens ~ 81 lie crime, when, be
il ser.eucei 70 imprisonment for life a. trst the se-
verify Of the punishment s felt, eud serves 10 deter
others. | do lot object 70 capital puniseuent Ia
r1per cages II was my painful duty 10 let tue pen
s.y II death be executed zpon fifteen persons stu,
lie certainty and completeness, and not the severity
~ emf which awes the yiciols. II courts Of
record which know the character Of eases tried before
them had proper power IN deciding upon the term. Of
inprsOuunsnt, convictions would be more freq lent,
their moral effects wonld pot be weakened by Execu-
tive Interference and large cass OF applications Tor
pardon would be cut of.
But the great difficulty in the way o. the full per.
f0rmancs Of Executive duties has b.en tie neglect Of
the Legislature 70 give the Governor Of his STATE FL
means 70 perform MS varied abors and painful dates.
While legislative expenses tor books, printing &c,
have become enormous, AID the lobbes aud halls o.
% the Capitol are swarnrg with officials OF every
name asd grade, the Governor Of NeY-lork has been
ft without decent provision for his paI.melt TIL