Nebraska advertiser. [volume] (Brownville, Nemaha County, N.T. [Neb.]) 1856-1882, 1868-09-03
Communicated from the Exc

cutkVe.
To Messrs. George NJ. Roberts. st. A.
u. Baleombe, A. ]. PoppletOn, Geo.
u. Miller, 7. B. Lemon, II. w.
Kunns, e. s. Palmer and others,
slgners of petition, asking for the
pardon OF Harry Q. Jordan, who is
under sentence Of seven years i'm
prisOnment in the State Penitentiary
for the crime of forgery.
GENTLEMEN:
/ A petition with such an array of
names-upward of six hundred-em-
bracing many of our oldest, wOrthiest.
most prominent, and most reliable fell
low-citizens of every shade Of political
and religious sentiment, would seem.
of itself, quite sufficient warrant for
any act left to the discretion Of anV
one man. MOrever, this prayer is
seconded by the impulses of my own
feelings, and an earnest desire that if
there is to be any error that it may be
on the side of mercy.
Being so moved, 1t has been ex-
tremely difficult for me to give the
case that Impartial consideration that
such an interference in the administ-
Grafton of public justice demands.
But, constrained by. the provision of
the Constitution and the requirement
of the statutes, that in every instance
the reasons for granting pardon, shall
be reported to the Legislature at its
next season, and so enter into and be-
come dart Ofthe written history of the
State, / have carefully examined into
all of the circumstances Of material i'm
pOrtance, though not as being clothed
with higher or supervisory judicial pow
er; for it cannot be conceived that the
pardoning power was designed to be
so exercised as to conflict with that
fundamental principle in our institut-
ions which separates Legislative, judi
cial and executive powers, and cOnfers
them on distinct branches Of the Gov
ernment.
And as I cannot consider the Ex-
ecutive as invested with power that
can conflict in any degree with the
administration of justice, neither can
/ look upon the power to grant par
dons as an extension of legislative
functions to be exercised on the pre-
sumption that the penalties provided
by the Legislature exceed the demands
of the public welfare. 1t is, to be
held as a power in reserve-a last re-
sort to secure that more exact admin
istration of justice by the mitigation
or removal of the penalty which some
times, even after sentence is passed,
may erendered possible, by important
additional testimony, or by subsequent
changes wrought in the ever varying
circumstances of human affairs. In
the light of this conclusion, I have
proceeded in the examination.
l have found but two considerations
set forth in the petition on which his
pardon is urged.
First-That he confessed his guilt
in open Court.
Second-That "a widowed mother
and two little brothers are dependant,
in a measure, upon him"
AS to the first, it is too palpable to
need more than the bare statement
that, in cases where the guilt is be-
yond question, which, in this case.
was made so by confession. IN open
Court, the measure of the penalty
is entrusted to the judiciary, and that
it was not designed, in cOnferring the
pardOning power, to transfer this to
the executive branch Of the Govern
ment.
As to the second consideration, it is
necessary to say only that it was
known equally wen to the Court before
the sentence was passed, as tits known
to the public to day, and doubtless
had its influence in determining the
penalty at the medium instead of
the extreme limit of the law.
In private, it has been urged in adj
dition to this,
First-That this is a young mans
first offense.
Second-That his health is rapidly
failing, and
Third-That he was reared in the
midst Ofgood society, and under Chris
tian influrnce.
The first, I regret to say, is not con-
firmed by recent developments. Ev-
idence clear and unquestionable leaves
no doubt on this point. The second
is in direct conflict with the report of
the medical attendant upon the pris-
Oners of the State, in conflict with
the testimony of the keepers of the
prison, and in conflict with the results
of my personal observation. The
third that he was reared in the midst
of good society and under Christian
influences, instead of being a ground
for the exercise of clemency, is, in
my opinion, the reverse. He has
broken through 50 much stronger re-
straint, has trampled under foot so
much more of known public senti-
ment, and has done violence to a so
much higher sense of moral rectitude.
He, whose associations have all been
bad, and whose esuTToundinginfluen
have all tended downward, independ-
ent of other considerations, certainly
is themOre fitsubject for judicial lenity.
If the argument were sound, when
stated in other language, it would run
thus: The greater the violence to his
own moral sense, and to the restraints
of society, in the commission of crime,
the more worthy the criminal OF par
don. When so expressed, however
it becomes a proposition to which very
few will willingly consent.
These are the only reasons that have
been urged for this extraordinary ex-
ercise of the power to issue pardOns.
And / am constrained to add that,
notwithstanding my sympathy for
those who suffer on the criminals
account, and my profound respect for
the united prayers of so many good
and distinguished citizens, the fore
going considerations, with others
that need not be made public, have
forced upon my judgment the convict
ion that this is not a case for EXecut- |
i've interference; at least that it is |
not such an one as shall call for the !
exercise of that power in advance Of |
the heincarceratiOn Ofthe prisoner pursu- |
ant to the sentence of the Court. !
Whether it may be proper to so far
mitigate the sentence at some future !
time, as to shorten the term of i'm
prisonment, the future will doubtless
determine. Whenever it can be done !
consistently with my views of duty
to the State and to society, I shall be
most happy to crafty the wishes of
those who havesubscrib their names
to the petition referred to.
With considerations of personal re-
spect for each and all Of you, signers
of said petition,
1 subscribe myself your humble
servant.
DAVID BUTLER.
1t is a gloriou; occupation, vivifying
and self-sustaining In its nature to
struggle with ignorance. and discover