Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-01-04
Ul,, " III him aud his

al az llaNt u
wife ,. e..
~, Su' ..ho prosecuted him, and in WHOM!
'.o"' .tnfilence, intimate> that he was
nav s'or,.. though legally convicted and that
mp 81 subject for Executive clemency.
"e I'm full review Of the case, then, think
.h.t the prisoner. having been imprisoned in
ne pcnitcntary for more than year, convict
ed OF iclonywhen he ought to have been con-
victed of mere ,nisdemeanor, should be-
pardoaed and discharged But, on the other
hand it i alleged
list. That bill for divorce is filed against
the prisoner by his wife, and failing to prove
cruelty or other ground Of divorce, il turns
upon the operation OF the Act of Feb. 18th,
ls53. a protest is fled by the friends o! the
wife against granting pardon before the conr,
decides upon the case Of divorce, on the ground,
that if the prisoner -. Sentenced, or the sen
tcnce is operating when the court decides the
question of divorce, ii will be imperative or
the Judge to grant the divorce for the reason
Of the operating sentence alone.
In answer TO this reply, that the Executive
has no more 10 do with the case Of divorce, than
the trial Of the prisoner had TO do with his al
legged cruelty TO hi, wife. If the prisoner !,
now entitled TO pardon. or ought TO bc dis
charged; the Executive canno; look 10 the ega!
effect of this ri -hi upon 4 case pending before
judicial tribunal. whose sole province II /. 10
decide upon that legal effect The pardon will
legally effect the power of the Court or II will
not. Ii il does not there is no reason TO delay
the pardon on that account. II II does and
will e:.cc, the legal decision a is stated; II II
will make it imperative on the Judge 10 deprive
the prisoner Of his couiugal right, has the IN
ecative the rightijl authority TO add 10 has
punishment in the manner OF his Very pardon,
BY withholtiin: his discharge from u sentence
10 infamous punishment. the proper lniiict;on
OF which i very questionable al least, i'll order
that that very imperative eilrc; may Reproduced:
| think not On the contrary. il 10 be weighed
At all. which deny. il * rather another. ami
perhaps the SironscS; reason Tor granting the
pardon The Question OF divorce Is one which
ou:n; 70 address i,>ei. 10 the Court and not
the Executive. and - the dtscrstt9h vi the
Court. and not 10 - constrained power. But
3dly. IL is i said that this man Is passionate,
violent and dangerous To his wife and child
This had noth;n. TO do with his rights OF pro-
per trial and conviction. ami has less 10 do
with his claims Of right 10 discharge from ina-
nous punishment for what ought 10 have been
aijud.ed and sentenced rs mi>dcmeanor and
not as felony. NJ opinion is clear. that he
OUCH, not 10 nave been convicted OF ir.ony.
and on ,ilt not now 10 he under sentence Tor t.
lonv. He i entitled 10 this opinion Of thu EX-
eeu;iyc for what il is worth and shall have the
benefit OF i.
:;dly Il is alleged. and with much appare;l;
reason. that this prisoner is partially derange!
His whole case indicates ground for such sup
position. Members oil his family - represent
10 me, some verbally and some in writing. Ii
this he true. or there be good ground 10 suspect
il. ne ought 10 be anywhere else rather than in
4 peni,cntiarv The family and authorities may
place him where he properly belongs. and pro-
tee; his wife and his child. not only from his
violence but from the more gricvous injury Of
the stigma Of infamous punishment incurred
by q suppose! sane husband and father
For these reasons. thus fully stated because
of the putiic n,ereS; manifested in this case.
order him to DC parlonci and fully discharged
rerret,in. sincerely ,ha; he was ever allowed
bv me to DC imprisoned in the peni;entiary at
ali He would not have been had his case
been brought before me, As il now appears. on
the testimonial OF the Commonwealth Attor-
ney who conducted the prosecution against
him HENRY y. " Isl.
Certainly GoverAo: Wi'eS friends have f"
RICH; to expec;, in :iew Of hi, services to the
party and his pryse;i: position. that the Demo
cratic journals, 4: least, q; Virginia shall cvince
little more care to award justice to his official
conduct, than tina. manifested by the "Hcpub-
lican. in publishing. without question or com
ment, the ;!ippant, and, a. We have shown.
eroundes, accusations Of careless or ua-
friendly correspondent.