The independent press. (Abbeville C.H., S.C.) 1853-1860, 1859-02-18
The Pardoniup Power.

In the General Assembly of New York, now
in session some propositions have been made
for restraint on the pardoning power, and
the discussion has elected an interesting and
the instructive correspondence between two
ex'Go7er Eors, Seymour and King, of that
STATE. An exchange, in referring to this cor.
respon'lence. remarks:
We are glnd to see this correspondence, and
also the Regulations Of Governor Murgan-to
he found in another coumn-touching the
Pnrdoning Power. We have been among those
who have complained Of the abuse Of this now.
er, under almost all adm in istratiun in New
York and elsewhere. If the discussion com
menced shall have the effect of securing bet.
ter administration OF the Pnrdoning Power we
shall rejoice. We do not SO muclr care to give
causes Of complaint. as to present remedies for
abuse, especially when it is admitted that rem
edics necessary. During the past wear, the
Governor Of Michigan has y,nrdoned no less
than fifty nine convicts and the Detroit Tri
bune states that fruitful source of par.luns is
found in the enormously long sentences of
judges.
There may be something in this, and the
suggestions ought to enter into the subject. 1t
Is certain TINT great many scnmps escape pun
ishment, and it s equally certain that many
who are sentenced. escnpe due punishment by
the exercise of the pardoning power fexpe.
rience teaches anything OH this point. its les
sons that the State Executive often let's the
guilty go free The pressure upon the man is
more potent than upon the Court and influ-
enccs. social, family, friendly aud political, are
| often brought into the Executive Chamber, nnd
find wei ght there when such influences would
not eves he attempted before respectable
Court of justice.
The following are the regulations Of Cover.
nor Morgan, of New York. in regard to neti-
tion for rarIons
Before my application for pardon is pre-
sented to the Governor. written notice thereof
must be served upon the District Attorney of
the country in which the conviction was had,
aud proof Of the service Of such notice, must
be presented to the Governor.
Notice Of the application must be published for
four 'reeks i" the State paper, and nlso in the
country paper. printed IN or nearest to the
town in which the conviction WIS had, and
proof Of this publication must accompany the
application. Publication will be dispensed
with in those rare cases where. in the opinion
| Of the Governor. justice absolutely requires it.
The Court and Judge Justices before
whom the conviction was had. the date Of the
conviction and the terms of the sentence must
be distinctly stated. IF the cow iction was
had before u justice of the peace, notice Of the
application must be served upon him. and
proof of such service presented " it'll the appli-
cation. The minutes Of the testimony taken at
the trial, or a concise statement Of the case ap-
proved to be furnished by the Judge, District
Attorney, or Justice who tried the priso er,
are required before the application is acted
upon. Also, certificate Of the warden or
keeper Of the prison Of the conduct Of the pri
soner during his or her confinement in prison.
II must also be distinctly stated whether any
previous application for pardon has been
made and. ifso, the new facts. if any appear.
ing on the paper. must be pointed out.
Applications once rejected will not be re.ex-
amined, unless new facts are disclosed in the
papers.