Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1868-01-17

many Of the county prisons. Some OF them
| are alleged to be insecure and otherwise IN
1 fit for the purposes intended; others are of
| insufficient capacity and so over-crowded as
to endanger the health of the inmates; while
the management and discipline of nearly all
might doubtless, be materially improved.
| The policy is not sound one that crowds
together, indiscriminately, children and 9TH
ers convicted of their first and triiing often
ces, with men and women whose whole lives
| have been blaekened with crime.
PRISON COMMISSIONERS.
| In accordance with an act Of Assembly, APP
! proved on the 9th of April last, Messrs, Will
| liam I'll. Armstrong, of Lycoming county,
Theodore II. Neyin, of Allegheny, VIM. M.
Watts, of Cumberland, and Alexander Henry
aud N. b. Browne, of Philadolphia, we're ap.
| pointed commissioners ''to inquire into the
various systems of prison discipline as prac-
| tieed in other States and Countries These
gentlemen entered upon their duties and
| have visited various prisons, one OF their
number having gone to Europe for that pur-
pose The act, however, requiring them to
report to this session Of the Legislature does
not allow them sufficient time to do justice to
the subject, and they ask an amendment ex.
tending the time for their report until the
session of 1869.
Among the accompanying papers will be
found a report by MIR. Mahlon f. Dickinson,
who was appointed in conformity with an act
Of the last Legislature, ito visit, for philan.
thropic purposes, the prisons and aims houses
in the various counties of the Common.
wealth. The report viii be found interes
ting in all its details, and the writer's sugges-
tions deserving of especial attention.
PARDoEs.
A report is herewith submitted of the par
dons, remissions of fines, forfeited, ,,reeogni.
zanee and death warrants, issued by me during
the past year, with tabular statement of
those issued from 1871 to the present time.
This report is made in accordance with a
sense Of duty to the Legislature and the pub
lie who have a right to be informed in what
manner and to what extent the Executive
clemency has been employed toward eonvic-
ted criminals. 1t is also due to the Execu-
tive himself that his action in this regard
should be understood. On no subject has
there been greater Misrepresentation than on
that which relates to the exercise of the
pardoning power. Accusations have re-
peatedly been published ofits abuse, and ca
ses have been cited in proof thereof which
were never even presented to my notice.
Criminals we're liberated from prison after
sentence, and clamors raised in relation to
their pardon in cases in which no appeal for
clemency had ever been made Upon inves
tigation, 1t has been ascertaine ed that custom
prevails In the court of quarter sessions Of
Philadelphia, TO reconsider, remit and
change sentences, weeks and months after
their delivery, and in this, much of the misre-
presentation has originated. During the last
year, as many conyicts were thus liberated
from the Moyamensing jail as were pardoned
by me from ali the prisons in the Common
wealth Besides which a number more have
had their terms Of sentence reduced. How,
or when, or under what authority, this custom
originated, it is impossible to learn; but that
it is liable to abuse, and is without the sane
ton of law, seems evident. The sentence of
convict is a matter of grave Importance,
and should receive most serious consideration
before it is determined upon and delivered;
for when it has become a matter of record,
the criminal passes beyond the jurisdiction of
the court, and there is no legal or conshtu-
tional remedy, even for errors that may be
committed, except through appeal to the Ex-
ecutiye. If q Judge can remit or shorten a
| sentence, he can increase it, and that is q
power dangerous to allow any one to WELD.
And further, if it be lawful for the judge of
one court to remit sentences at pleasure, it
follows that judges Of all other courts should
be invested with the same prerogative; and it
requires no argument TO show to what dan
gerous extent it might be used. Happily
the custom appears to be confined 70 the
court named, as Judges in other counties dis
claim any such authority.
Former Legislatures have had their atten-
ton called to the fact that persons are now
confined in our county prisons under sentence
of death, some Of them for many years,
whose death warrants were never issued, and
towards whom the several Governors, whose
term they were sentenced, could not discover
sufficient cause for the exercise ofthe pardon
ing power. The custom has been for each
Governor to decline issuing death warrant
which had been withheld by his predecessor.
Hence, these convicts, sentenced TO death,
| for whose execution the previous Governors
did not issue warrants, and whom, II Is pre-
sumed they believed deserved a milder pun
| ishment, must either be pardoned or remain
prisoners for life. To remedy this the Cover
nor should be vested with authority to COM
mute the death penalty in the cases only to
which allusion has been made, to such a term
of Imprisonment as his Judgment would ap-
prove, and to remove the conyicts from coun-
ty jails to fhe penitentaries.
NATIONAL AFFAIRS.
a brief reference to the condition Of the
country viii be proper, and viii doubtless be
expected by all who were earnest in their de-
sire and cooperation for the suppression of
the rebellion, and who are now equally in
earnest in their wishes and endeavors to Sc
cure an early, final and permanent settlement
| Of our national difficulties, upon the basis Of
! loyalty and patriotism.
| I Contrary to the hopes of the great masses
OF our people, that portion of the country
which was lately in rebellion has not yet at
! tanned complete tranquility Aad this seems
to have been inevitable; for all history teach.
es US that people who engage in the perpe-
tration of high crimes cannot entirely nor
Immediately escape their consequences.
Nor, perhaps, is it desirable thatthey should.
! However this may be, it is certain that per-
| feet repose cannot be secured until the insur
/ rectionary States shall resume their original
practical relation to the General Government.
HOTg, UheR and through ioh0ns this can be
best done, is the great question Of the pres
ent
That the views and conceptions Of a single
individual, however high he may be accidenty
| and temporarily exalted, should be allowed
TO control or determine this question: cannot
| for moment be conceded. The Constitu-
ton provides that the United States shall
guarantee to every State in the Union re-
| publican form of government; and, where
| the will of the people is the acknowledged
law Of the land, it requires an extraordinary
amount of political eftrontery to assume that
| Chief Executive of the nation, to any de-
gree or under any circumstances, is the
United States.
And yet IN effect or substance, if not in
plain terms, this was assumed shortly sfter
the surrender of Lee and his armed forces, by
the President; and he has continued to act
! on this assumption, even in his late annual
message, In which, while claiming, in words