Delaware State journal and statesman., 1865-08-25
THE PARpoNINc POWER.

NOAoNOOu anu SASohJ "puoSu thHl this'
Its excessive-and, as we believe, unwar-
ranted-use, in certain quarters, is fast
rendering it odious in the eyes of the
American people In fact it will soon
become q nuisance which they cannot .
submit to, but must and will abate. The
President, Governors, Judges of Courts,
under various names ard prerogatives-
and Mayors and Magistrates, exercise
this power as though there were no other
authority in the land, and they were SOW
ereigns, whose chief vocation was to par
don and set at large unhung criminals to
prey upon society anew, and to encourage
others in the belief that crime is compa-
ratiyely safe and harmless thing. We
submit that these officers might
very appropriately be designated "The
Criminals Mutual Insurance Companies"
since they insure large amount of
crime-almost certain safety to the offend
ers--and are mutual, for the Magistrate
often secures bribes and rewards of some
kind, at least among his friends and re-
tainers, large return in votes, and the
good will of his "worthy friends " t. g.
The criminals and their supporters.
We have said this power is misunder.
stood. 1t originated in the dark ages
and chiefly in monarchical and despotic
governments, and has little or no appli-
cation in this enlightened age, and espe-
cially under our free Republican Insttu-
tions. Once, offenders, Or alleged Offend
ers, were hurried to prison and the gal
lows without trial, the hearing before the
Sovereign being the only one they had, he
thus becoming Judge, Jury and Advo-
cate or if there was semblance of trial,
it was SO restricted and partial, and not
unirequently Characterised by such a
spirit of yindictiveness, that it made the
interpostion of the Sovereign absolutely
necessary to save the lives of the limo.
cent, and oftentimes to rescue from pun.
ishment the best men in the State. 1t
was the only means of correcting a wrong
verdict in an age when, through ignorance
or design, wrong verdicts were very com
mon. 1t was thus the means of prevent
ing great wrong.
But what application has this power
on such grounds, in land of Magistrates
and Courts ?-of general intelligence p
where the people are Sovereigns, and
every man is tried by his peers-whert
the meanest criminal, as well as the high
est offender, is entitled to his witnesses
and advocates, and a jury of his owl
choice, with the most ample time fo
preparation, and the officers of court t,
aid him, and, where in all respects tn,
fullest opportunity is allowed for iai
and impartial trial
And besides, the men who sit in th
jury box, are often as intelligent, and
generally quite as impartial and sound ii
Judgment, as the Chief Magistrate VIII
undertakes to sit in review upon thei
verdict.
We say then, if as our courts an,
criminal jurisprudence are constituted
one cannot have a fair trial, he canno
, anywhere in the wide world, and if soci
ETY. cannot trust the administration c
justice, and its own protection in sue
hands, then there is nc tribunal to whie
it can look for safety, and none certainl
to which the criminal should be permitte
| to appeal, to shield him from the iul
= penalty of his deeds. For we well kno
/ that those magistrates who deal so freeI
in pardons, and spare so many crimina
that ought to be hung, are often inau
enced by other motives than sense {
justice, or desire to protect society.
Again, in past ages, and under tyranl
ical governments, most of the offences fc
which pardons were sought, were politica
, SO far the practice has no force G
application as precedents to favor tn
VI thiVFtAf HuIu6T0Th, all
criminals generally.
But some copperhead reader catehe
at this statement and says this doctrin
suits me. This is just what we want. W
don't believe in hanging men for nothing
f And some timid, Union man answe,
with emphasis and Indignation, this is ia
my doctrine, it is just what don't want
1t faVors traitors. Not at all, sir. |
the examples and usage referred to, I'll
political offenders for whom pardon
were asked, and often received, wei
rebels against tyranny and in favor of fire,
dom. They sought to enlarge the righi
OF man and risked their lives to secur
their object. Their crime in such case
had leaning towards the virtues.
fact it was the highest style OF !heroism an
virtue, as ce teach, and as all men SC
cretly believe. Hence, when there wa
no great or immediate danger-nothipj
that served 20 seriously threaten his ne,