The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-04-04
from dissolution and the country from reign
of iawless anarchy which it is fearful to con-
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The PARDoNING PowER-CAsE or CgMMINs.-
Governor Morgan has been very unfairly as
sailed by portion of the press for refusing to
commute the sentence of the murderer Grim
Minis People who are governed more by rea
son than sentiment think that the Executive
acted perfectly right. II the grounds on which
the jury recommended the criminal to mercy
were clear to their minds, they had no business
to find him guilty. That they were not so is
proved by their verdict and the consideration
given to the case by the Governor may fairly
be supposed to have outweighed the doubts
suggested by the recommendation.
On candid review of the circumstances of
the case, we believe that most people will con-
cur in the opinion of the Executive, that this
man deserved his fate. If he did not exactly
kill his victim in cold blood he yet had, ample
time to weigh the consequences of his crime.
Il the law is called upon to allow such an in
terval Of reflection to elapse before premedi-
tation can be charged, as the murderer had in
case, no man would be safe from private
vengeance. The theory of the law is, on the
contrary, that second may suffice for preme-
Citation. 1t is by circumstances that the inten-
ton must be judged, and not by time In the
present instance both time and circumstances
went to show deliberate purpose on the part
of the murderer. After an alteration, in
which we admit great verbal provocation had
been offered by the deceased, Crimmins retired
to room off his store, procured bayonet, and,
rushing out after him, stabbed him to death.
There is no pretence that the killing of Nc.
Henry was done in self defence. No life was
jeopardized and no justi6able excuse could be
urged for so desperate an act. 1t was, there
fore, murder, in the most unqualified sense, ac-
cording to the legal definition of the term; and
there is nothing in the circumstances urged by
the friends of the criminal which can at all
vary its complexion.
This is no doubt the view which Governor
Morgan took of the case. But there wasan-
other consideration that pressed upon his mind,
which it may be presumed never occurred
to the jury. The policy of our CRIMINAL laws
is prevention rather than punishment; and
with an honest Executive it was matter of
conscience not to add another to the many
precedents established by his predecessors to
the utter defeat of that policy. 1t is precisely
because the prerogative of pardon has been SO
much abused that murder is so frequent
amongst us. If punishment followed prompt
ly and with certainty the commission of the
offence, we should have fewer crimes of this
nature to record. When, however, 1t is made
evident that between the crime and the pun
ishment there are innumerable chances of es-
cape through the completely of public prose
cutors the ignorance of judges, the stupidity
of jurors, and the pliancy of an Executive
acted upon by party influences, it is not to be
wondered at that offences of every kind should
be continually on the increase. Capital pun
ishment of course ceases to hold out any ter
rors to evil doors as soon as purchasable
leniency interferes with the certainty of its in
fiction.
If any one doubts these facts let him exa-
mine the calendars of our criminal courts
There will be found upon those that have just
opened no less than eight or ten capital Of
fences, and scarcely day passes that the num-
Der is not added to. We live in state of 80
ciety which demands at the hands of all who
are entrusted with authority the most rigorous
and conscientious exercise of it, unless they
would see us degenerate into the barbarism
which follows the reign of brute force. If
they were to listen to the sentimental theories
Of humanitarian philosophers, there would
soon be an end to all restraints OF the wicked
inclinations and passions Of men. Governor
Morgan has, we think, taken proper view of
his responsibilities in refusing to yield to argu
ments which run so counter to the public inte-
rests and safety.