The register. (Monroe, La.) 185?-1861, 1860-04-26
From the Baton Rouge Advocate.
Executive Clemency. Ylf

eensure and condemn. They refer to no parti-
eular case-they mention no particular in
stance, In which Executive clcmency has been
misused, for they are well aware that citation
Of facts In such particular case would show that
there 10 no foundation for their complaints.--|
The complaint, the censure,T is Fas general in
terms as II is unlimited in sevetity, and they
Of what they ailege. IL state merely lie nun mum.
ber oi convicts pardoned and the crimes for
which they were punished, is an easy matter
and 1t Is easy to impose upon the credulty of
hasty readers by the unwarrantcd and illogical
inference that because the pardons were nu-
merous they were also il-advised and imppirro-
per; while the disproof Of this UNJUST. assump-
tion calls for an investigation of the circum-
stances Of each particular case as careful and
as thorough as that made by the Governor, his
legal advisers, the Senatorial Committee. Such
an Investigation would Of course be too extern
sive for our columns, and would fnd few, to
read 1t; but having been permitted to review
the papers and documents in all Of these cases,
we are enabled to present resume Of them,
which, though brief and cursory, will doubtless
sufice to show how idle and how groundless
the censures are which, are 80, o,unscrupulously
heapcd upon the Senate and our worthy Exc
cutive.7 .'-s'T.tit f'.15-' 4 'f '',F ltir
but, as preface to this recapttulation, it is
proper to advert to the important fact that the
immediate predecessor of Governor Moote was
remarkably sparing in the exercise Of the par
doning prerogativc, that the pardons granted
by him during his entire term were not as many
by half as most Governors grant every year;
that the entire number was certainly not one
fifth, ifit was even one-tenth, Of the average
proportion Of those granted by the Executives
of all the States for the same period. By this
almost complete suspension Of the exercise Of
Executive clemency, he may have escaped from
error in one direction-and it is equally pro-
bable that be fell into error in the opposite di-
.rection. iThe prerogative Of clemency was
given to our Executive for a purpose-it was
given to be exercised and not to be dormant
to be used wisely, dispassionatcly and humane
ly-but still to be used. If the Executive s,is-
peuds its exercise for four years, he must leave
an accumulation of cases for its just and proper
exercise by bis successor. Such was the work
left by Gov. WickliAe for Gov. Moore, and,
consequently, most Of the pardons recommended
by the latter and concurred in by the Senate
at the recent session, were in response to petit
tions which had been gathering in the hands Of
the late incumbent for years. This legacy Of
labor fortunately fell into the hands Of an Off
Ger independent and bold enough to do his du-
ty, aud discreet enough to do it we'll. The So
pient censors who cut off official heads with
editorial goose-quills, should not have forgotten
or suppressed the foregoing important facts.
That the too free exercise Of the pardoning
power by Gov. Walker may have led Gov.
Wickliffe to the opposite mistake, is quite pro.
bablc; but that pardons were withheld by the
latter in cases clearly demanding Executive
clemency, will sufficiently appear from the fol-
lowing: 7o -, ,H.
l. ANTOINE, a slape.-This boy was convicted
for burning up an old crib which was unin'
habitcd. He was arun-about, and his master
was accustomed to chain him up at nightin
this dilapidatcd old cabin. The negro, super
stitious like most Of bis race, Imagined the shan
tee to be haunted. The petition for pardon i.
signed by the jurors who constituted the Court
by which he was convicted, by his owner and
by many respectable citizens of the vicinity
Antoine hadbeen in the Penitentiary more thar
five years.
Q. GILBERT MAxExr, i. M. c. Entered the Pc
nitentiary December Gath, 1855. He was sell
tcnced for five years. His time would have
expired in December next. His crime was kill
ing bis adversary. another +. m. c., in duel
Maxent's adversary fired twice at him withou
"a return, and then started to run away. Ma
xent's second called out to him to fire. MaXen
raised his pistol and shot his fugitive antagon
ist. His conduct while in the Pcnitentiary wa
good, as certified by the lessees. The petition
for bis pardon is signed by dozen members o
the Legislature.
8. LUKE BURKE entered the PeMtentiarysNa
3lst, 1854. Previous to conviction was atstca
dy, industrious man. He was drayman, an
his dray having been blocked up with others il
the street, be threw brick at another dray
man, negro, who refused to move on. Til
negro struck by the brick, fell. and anothe
mans dray ran over him, causing his DEATH
Burke was therefor convicted of murder Eli
ago by eight Of the jury who found verdic
against him, as we'll as by many respectabl
citizens Of New Orleans. He had not the sligh
est thought Of killing the negro. His conduc
in the Penitentiary has been uncxceptionable,
4. r. W. MCDONALD entered the PenitcntiaF
December l6, 1S58--sentence, five years
crime, manslaughter. Had been fifteen month
In the parish prison. Had suffered for som
time from heart disease, which the most em
inourable. Pardon recommended by them, l.
the Sheriff, and by many well-known and higl
ly respectable citizens Previous good chara
ter established. Mitigating circumstances, con
ing to light subsequent to conviction, full
proved.
s. CoNsrANrN ROLAND entered the Penitel
tiary April Is, l859-sentence, two years
crime, embezzling gun-age, % years. B
fore entering the Penitentiary, and after SCI
tence, be remained ten months in the paris
prison at New Orleans Was employed the
as nurse, and his efficiency and good condu
are certified to by the city physician, the ca
tain of the prison, the clerk, and all the depu
Keepers. Was especially industrious and usef
during the epidemic in fever cases in the prise
in 1858. che was," in the words of the ph
sician, "devoted night and day to the atten
ance Of the patients committed to his care.n -
The petition for his pardon was signed in Jan
ary, 1859, by fifty citizens Of New Orleans.
Among the signers are clerks of courts, G
recorders, eminent lawyers, an ex-Distr
Judge, members Of the Legislature, &C., &c.
Conduct irreproachable in the Penitentiary.
E. HENRY L. VAN Ness entered the Penite
tiary May 18th, 1857, convicted of arson
burning store in conjunction with his emplc
er, who owned it, and sentenced to fourte
years Imprisonment. Van Ness was but mir
teen years of age at the time Of the commissi
of the alleged crime. He was native of N
York, and the respectability of his parents q
ancestors is vouched for by the most dist
guished citizens of that State, such as Mar
Van Buren,, Governors Clark and Morgan,
yors Wood and Kingsland, Erastus Broo
Chas O'Conor, Counselor Blunt, Judge Br,
son, &c.,-many Of whom also certify to
good character borne by young Van Ness
fore he came to Louisiana. Among the D,
tioners for the pardon of Van Ness, was exc