Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1864-05-16
Governor Morton and the Pardoning


A SUBSCRIPTIONS
ELDER HARKNESS, " BINGHAM.
Governor Morton and the Pardoning
Power.
The exercise of the pardoning power is one in
which the people and deeply interested. Grimm
ais should be punished that there may be security
for person and property, and the pardOning power
should only be exercised in those cases where it
is shown after the trial that evidence has been
discovered. showing that the defendant was moi
guilty of the offense charged, or where there is
some other reason of an overpowering character
appealing to that mercy which is supposed to tem-
per justice in the Executive bosom.
Above all things it is important that there
should be no reason to suspect that the Execu-
tive is influenced by motives of selfish or par
tisan character; otherwise its exercise encour
ages crime, and destroys that confidence the cit
izen should feel in public officers.
We desire for present to the consideration of
thou ghtful persons of all parties, the facts of two
cases in which Governor MoRroN has exercised
this high power and ask them to consider the
necessary effect of such action upon the peace of
society.
In the spring of 1863, AIPHAUs b. HOUsroN, a
private in company II 9th Indiana Cavalry, "a
Republican, killed WILLIAa SILL. "a Democrat,)
in Shelby county, the difficulty proceeding from
political differences. HousroS was indicted, tried
in the Shelby Circuit Court, at the April term,
1854 there being four Republicans on the jury.
and was convicted of manslaughter, the verdict
fixing the penalty at two years imprisonment in
the States Prison.
The Court passed sentence on him on the
10th of April. The Governor pardoned him the
same day.
HoUsroN's Captain stated publicly at Acton
before the session of the Court, that he would he
pardoned. and that he would never be punished
for the crime he had committed.
A petition on file in the Secretary of States
Office, signed by persons representing themselves
as citizens OF Shelby county. urged three reasons
for the pardon; LIST, that the 'said HoUsToS,
when he committed the offence charged in the
indictment. was not hen eighteen years old, has
always sustained an unblemished reputation, and
committed the act under greatly aggravated cir
cumstances."
We give the whole of this reason. because Of
its reference to the circumstances under which
the crime was committed. and to show that it
does not pretend to state what the facts were
The facts were before the jury and they found
the defendant guilty.
ID. Because one of bis witnesses was absent
when he was tried.
The name of the witness is not given; what h
would have testified is not stated, and no reason
is given whv he was not in attendance except that
he had enlisted in Co. Fl. 9th cavalry.
3D. That he is a soldier in the army.
We have thus given the reasons stated in the
petition.
Accompanying the petition were two affidavits
showing that the Sheriff neglected to put Repub-
licans on the jury when he had the opportunity
that there were ten or 6fteer of them in the
Court House while the jury was being selected,
and that the Sheriff did not always select juror
from among them. but sometimes took another
person.
We desire it to be noticed that four of the
jurors we're the political friends of the defendant.
that il is not pretended that the verdict not
in accordance with the law and the evidence,
nor that the Judge did not properly charge the
jury.
The petition is snIy signed, as are informed,
BY four Of the jury, and is not signed by either
the Judge or Prosecuting Attorney.
The papers are dated the day before the sentence,
and Gov. MoRroS thinks this a proper case for
executive clemency, and in hot haste issues the
pardon the same day the sentence is passed. He
seems to have had no difficulty in arriving at a
conclusion.
At the November term, 1868. of the Brown
Circuit Court, ALEXANDER HArToS was convicted
for the murder JOHN BRowN and was sentenced
to be hung on the 18th day OF January, 1864. A
number Of citizens Of Brown county petition the
Governor 20 commute the sentence to imprison-
men, 10 the State Prison, ana give the following
reasons:
believing that 1t is best for this defendant
said HATToS. and for all the parties concerned
and for the community in general"
The jury after hearing the case found that the
murder was Of that aggravated character that i
merited death. Against that finding is the fore
going petition
BRowx and HUrToS being Of opposite politics
we're talking politics. HArroS called BRows
"secesh" BRows retaliated by calling him al
''abolisionist.
That night. after BRows and his wife bad re-
tired. they heard pistol snap at the head of the
bed, aud saw HArroS standing near the windou
with pistol pointed at BRows snapping il
Brown sprang from the bed and wen
out of the house after HATTos.
scuffie eusued. in which HArroS was throw
upon the ground, and begged. As BRows got u
HATTos stabbed him. and BRows died from th
effect OF the wound. This was the testinon
before the jury.