Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-01-14
PUNISHMENT AND PARDON.

At the opening of the session of the Execu-
tive Council for the present year, Governor
Banks awaited himself of the opportunity to
give a clear and concise resume of the duties of
that branch of the government. The impor-
tant subject of the exercise of the pardoning
power, occupies the larger portion of the adj
dress. During the last year, sixty-eight par
dons were granted by the Governor and Coun-
Gil, and enough more, convicted for minor of
fences, were pardoned by overseers, to increase
the whole number to two hundred sixty
seven. 1t does not clearly appear what ratio
these partial remissions of penalties hold to
the whole number of convictions, nor upon
what general reasons these manifestations of
Executive clemency were given. But, so far
as our recollection serves us, they have been
in cases where terms of Imprisonment were
nearly expired, in cases of extreme physical
weakness and prostration, or where new evil
dence has appeared to mitigate the penalty,
after trial and conviction.
To any one who has paid attention to the
criminal legislation of this State, for the last
ten years, and to the manner of executing
criminal law, the thought could never reason
ably occur, that too great leniency has been
shown to violators of law, or that the pardon
ing power has been too freely used by the au-
thority in which it has been wisely vested
Indeed, there are reasons of sound policy,
as well as of humanity why that power should
remain untouched where it is.
The tendency is quite strong and general
enough to consider the criminal as outside of
the operations of human sympathy, and as
having forfeited, by his conduct, all share in
the charity and the kind judgment of his more
fortunate fellows. Therefore, we think the Sc
rious and elaborate argument of the Governor,
in favor of increasing the rigor of the Execu-
tive arm, is untimely, and is calculated to en-
courage in the public mind feeling which
grows quite too fast when left entirely alone.
The rule laid down by the most thoughtful
writers on punishment, is-and the Governor
quotes it with approbation-that the necessity
for clemency and pardon diminishes with the
rigor and severity of penal laws. The theory
is very fine one, and the Governor, with
commendable appreciation, has ordered the
words "to be printed in letters of gold, that the
sight of them may fill the chamber of pardons
with the fragrance of mercy and wisdom"
The reverse of the rule is not without truth
that the need of clemency increases with the
rigor of the law.
Let US now make the application. A little
more than two years ago, two murders were
committed in the Charlestown State Prison ;
one by bad man, though, apparently, of
sound mind the other, by miserable and
wretched lunatic. The indignation which
was instantly excited in the public mind
invaded the Legislature-the last place in
the world where it ought to have been
tolerated for moment. We already had a
capital punishment law, and other safeguards,
as numerous as human ingenuity could invent,
for the protection of life and property. The
severity of the death penalty law was mitiga-
ted little by the humane condition, that
the condemned criminal should have a years
probation between his sentence and his execu-
ton, to prepare for the solemn experiences of
tle lulO " ulCu he WAS 10 De pTeIudIurely
launched. On this one redeeming feature of
that law, our excited Legislature made sue
cessful assault 1t had the Jealous advocacy
of the Prison Committee it received the con-
currence, after long and painful contest, Of
both branches Of the Legislature; it was ap-
proved by the Governor; and the victim of bad
passions, of social temptations and neglected
opportunities, was left almost entirely to the
vengeance of any public indignation which
might hereafter reach the ear of the Executive
This was in the last year of the adminstra-
ton of Gov. Gardner. When the new Execu-
tive came into power, the Senator who
suggested that the poor privilege of a
years probation ought to be taken away
from criminals condemned to death, and
forced his suggestion, by his ingenuity
and zeal, into the statutes of the Com
monwealth, was appointed Warden of the
State Prison at Charlestown, which place he
still holds.
Certainly, the fact that such spirit has been
infused into our legislation would not be suf-
ficient reason for the exercise Of mercy with.
out the most thoughtful and cautious discrimi-
nation. But it does remove one of the strong
reasons on which the Governor rests his argu,
ment for restraining the exercise Of the pardon
ing power.