Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-05-10
Governor Morton and the Pardoning
Power.


Power.
The exercise Of the pardoning power il one in
-hlch the people and deeply interested. Grimm
ais should be punished tha, there NAV be security
for person and property. and the pardoning power
should only be exercised In those cases where II
II shown after the trial that evidence has been
discovered. showing that the defendant was not
guilty Of the oaense charged. or where there is
some other reason OF an overpowsring character
appealing TO that mercy which is supposed to TEN
per Justice In the Executive bosom.
Above all things Il IL important that there
should be no reason to suspect that the Erecu
tive is influenced by motives Of selfish or par
tisan character: otherwise IT, exercise encour
ages crime, and destroys that confidence the cit
zen should feel In public officers.
We desire for present to the consideration OF
thoughtful persons OF all parties. the facts OF two
cases in which Governor MoRroS 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. ArraAus b. Housros, a.
private In company II. 9th Indiana Cavalry, IA
Republican killed WILLIAM 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.
1864, there being four Republicans on the jury,
aud wss convicted OF massiaughter the verdict
fixing the penalty at two years imprisonment in
the States Prison
The Court passed sentence on him on the
18th of April This Governor pardoned him the
same day.
HouuoS'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 HousroS.
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
eumstsnces."
We give the whole OF this reason. because o.
its reference To the circumstances under which
the crime was committed aud 10 show that il
does not pretend to state what the facts were.
The facts we're before the jury and they found
the defendant guilty.
81. Because one OF his with esses absent
when he was tried.
The name Of the witness is not given; what he
would have testified is not stated and no reason
Is given whv he not in attendance except that
he had enlisted in Co. II. 9th cavalry. /
ID That he is a soldier in the army.
Wehave thus given the reasons stated in the
petition.
Accompanying the petition were two affidavits
showing that the Sheriff neglected To put Repub-
lcans the jury when he had the opportunity. 1
that there were ten or fifteen 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 were the political friends of the defendant,
that u is not pretended that the verdict WAS not
in accordance with the law and the evidence,
nor that the Judge did not properly charge the
jury
The petition is snly signed. AS are informed.
bv 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 proper case for
executive clenlency. aud ia hot haste issues the
pardon the same day the sentence is passed. He
seems To have had no difficulty in arriving at a
conclusion.
Al the November term. 1869. OF the Brown
Circuit Court. ALEXANDER HArroS was convicted
Tor the murder JONI 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 imprson-
mcns in the State Prison. and give the following
reasons:
believing that Il Is hes, Tor this defendant
said HArroS. and for all the parties concerned.
and for the community in general"
The jury after hearing the case found that the
murder was Of tina, aggravated character that IL
meriled death Against that indir is the fore
going petition
BRows aud Huron being Of opposite politics.
we're talking politics. HArroS called BRowS
"secesh." BRowS retaliatcd by calling him an
"aboli.onist."
Tia, night. after BRows aud his wife had re-
tired. they heard pistol snap the head of their
bed and saw HArroS standing near the wndow
with pistol pointed at BKowS swapping Il.
BRowS sprang from the bed and went
out OF the house after HArToS A
scufie ensued. in which HArroS WAS thrown
upon the ground. and begged. Is BRowN go, up
HArroS stabbed him. and BRowS died from the
effect Of The wound. This was the testimony
before the jury.
A man Is awakened by an attempt to shoot
him through the window. He goes 20
punish the attempted assassin. And when he
lets him up Is killei almost on his doorste D 4
A petition is presented as shown. aud the
Governor thinks il not proper case Tor hang
ing and the petition Is granted.
The petitions were enclosed 10 the Governor
ia letter which il on Gle. dated Nashville. De-
cenber %. 1863 He does seem 10 have
owed 20 promptly In this a. IN the Shelby cOun- |
case. a. be did rot issue the order for the com
utaiion until the 18th OF January. 1864
When, however. he did decide. he seems TO
have felt an unusual interest In the matter. We !
find indorsed Oh the foo, of the order the follow