The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-07-13


TO register themselves. -
General Grant also expresses the opinion
that the Military Commanders must execute
the law according TO their own Judgment ana
not according TO the Attorney Generals, or
even his own, opinion.
With Whom should the PardOhing
i.r % fea .teb POwee Resn
THE gross abuse of the pardoning power by
the President has raised doubt in the public
mind whether il is right to place the opportu-
nifty of forgiving criminal in the hands of
one man. The object of such prerogative
being granted to the Executive of either the
State or nation is clear. II was not intended
to enable him, at his discretion, to undo by
his single act the Judgment of twelve men
and the learned judiciary. He was not to
question whether or not, in his own opinion,
the person was guilty, but TO leave to him
the power Of forgiving the offense if more good
could be gained by such an act than by an
execution of the sentence, and also TO enable
him to act on the suggestion of the judge or
jury trying the convict, and spare him if miti
eating circumstances appeared in his favor.
Such is clearly the intention. We doubt if it
is ever proper for a Governor or President to
deliberately undo the action of twelve ctize MS,
and to set up his private opinion in opposition
to that Of men on oath, who had all the facts
before them. val
The liability to error to which we are all
subject, and which may lead any, even the
best officer, to consult his feelings rather than
rely on the judgment of others better in
formed, has caused feeling to arise that the
pardoning power would be much more safely
vested in more than one man; or that, if that
was impossible, it should be exercised
only on the recommendation of the court
which convicts the criminal. AS it now is, in
our own State, the Executive can freely for
give any offense which he sees fit. His power is
absolute, and because it has not been abused
by our Executives heretofore is no ground for
feeling safe from an abuse in the future.
The idea which we favor is carried into
practical effect in New Jersey Over the river,
we are glad to say, there is no false sentimsn-
tality in the execution of justice. When once
man is convicted by jury of his peers, the
chances that he will escape punishment are
exceedingly slim. He had better not have
any hopes of escape in the clemency of the
judges or the laxity of the laws.
In that State the Governor has nothing what
ever to do with the matter. The Judge before
whom the case is tried, and who passes SEN
tence at the time of passing the sentence
| fixes the time at which it should be carried
| into execution. 1t needs no warrant from the
Governor to approve of the finding of the
Court. AS in the case of Bridget Dergan,
after solemn charge to the murderess, his
Honor passed sentence of death, and named at
the same time the Both of July'a as the day on
which the execution should take place. This
seems to us much better than leaving the pri-
soner in doubt to the time his or her life will
end. The torture to which they must be sub
| ected in our State when waiting for the war
rant of the Governor must be fearful. Sus-
pense is always worse than absolute GER
| tainty. To follow the case of Bridget an ap-
| peal was made to the Court of Pardons. This
Court is constituted of certain number of judi
cial and if we mistake not, of executive officers
and is presided by the Governor. The
evidence was reviewed by the court, and it
decided that there were no good grounds on
which to base either pardon or a reprieve.
The decree was final. 1t is also necessary that
an advertisement be inserted in a number
of papers announcing that an application
will be made on a certain day to the court for
the pardon of certain criminal, so that if
there are any grounds on which to base a
contemplation, they may be heard before the
court. By this means all secresy and subter-
fuge are prevented. This plan seems to us much
better than that in force in our State. By it
all the legitimate ends of the power to par
don are secured, and at the same time all
prostitution of the power efectually prevented.
When we shall elect the Constitutional Conven-
ton in our State to revise what is defective in
the supreme law of the Commonwealth, we
hope that the matter will receive its attention.
| VafOaS nn6 Oniuinna