The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-07-27
TUESDAY, JULY 81, 1869.
THE PARDONING POWER.

to extend to condemned criminal, in behalf
of the commonwealth, full and free pardon
for his offenses, and to restore him again to
society relieved of all legal disabilities on &C
count of crime, to start again in life with
Inducements to do better in future, knowing
that the rigors of the law may be tempered
with mercy to those who deserve it. 1t is not
only proper but it is necessary, that the
authority to grant pardons should be
placed somewhere; and by almost unani-
nous custom throughout the world, and
in all ages, it has been placed in the hands of
the chief executive. 1t is the duty of the
courts to judge according to the law, to con-
denim if an offense against the law is proven
whether the law is just or unjust-and to
impose such penalties as the law requires.
The discretion of the courts is limited: their
proper functions are hearing and Judging the
cases brought before them, without regard to
the abstract questions involved; and, as the
power of revising their sentences and extend
ing pardon to the condemned, if circum-
stances should seem to warrant it, is in
other hands, they are able to act with greater
freedom and impartiality in the performance
of their legitimate functions.
There are thousands of cases where it is
essential for the good of society that an Of
fender should be tried and sentenced, but
where there are circumstances connected with
the commission of the offense that mitigate
the guilt of the criminal and give assurance
that if permitted to escape from the full pen
alties of the law, he will offend no more, In
such cases the ends of justice are fully met by
the sentence of the judge, and pardon granted
by the executive, in consideration of the moral
rather than the legal justice of the case, ex-
erts beneficial effect, not only on the re-
cipient of the executive clemency but upon
society at large. Cases do occur sometimes
when the courts make mistakes, the wrong
person is condemned and sentenced, or a SEN
tence is imposed out of all proportion with the
actual magnitude of the offense. In all such
instances, the pardoning power comes in to
remedy the wrong and rectify the mistakes of
the judiciary.
If we could always rely upon having pure
and incorruptible men in the highest Offices
of the government the power to grant par
dons might with the greatest propriety and
safety be left entirely to the executive; but
unfortunately, the class of men who generally
the highest of them, are, as a rule, neither
pure nor incorruptible. They are for the
most part persons who make regular trade of
politics, who put their principles into the
market to be knocked down to the highest
bidder; and all their energies are devoted to the
obtaining and holding offices, and to making
as much out of them as is possible with the
opportunities afforded. 1t is defect of our
political system that it places an immense
amount of political power in the hands Of the
lowest and most debased classes many of the
most active political workers are men stained
by every crime, but who continually manage
to escape unwhipped of justice because they
are found useful as wire-pullers and as bull
lies to terrify decent citizens from
enjoying the rights of franchise at
the polls 1t is next to impossible
to procure the conviction of such men in the
courts; and if by any chance one Of them
should be convicted, he is almost certain to be
returned to society to pursue his evil course,
by means of an executive pardon. There is
scarcely criminal convicted in our courts
that does not begin, often before sentence is
passed, to importune the Governor for
PaIuOu' Liz law requires JudJ III SuCu cases
notice of the intention to apply for pardon
shall be made in the newspapers, and we con-
sequently find continually such announce
ments as this
'PARDOE.-Applcation will be made TO the Cover
nor for the pardon Of Young Parr convicted Of re-
Ceying stolen goods, at the Court of Quarter SeS-
sOns for the county Of Philadelphia April I, 1869"
If the applicant has but a limited political
influence, or can command but little wealth, he
may not be able to compass his desires, but
there are few men so totally destitute of
friends that their good will is not worth some
thing to greedy official who desires to main
tain his hold on power.
The abuse of the pardoning power was one
of the greatest scandals of Andrew Johnson
administration, and the manner in which he
released counterfeiters and other criminals OF
the worst class brought him into contempt
with many men who were disposed to lool
with leniency on his political backslidings
In spite of protests on every side, he delibe
rately abused the great power entrusted tc
him to the basest purposes, and in most
shameless manner set decency and the pooG
of society at defiance.
The present Governor of PENNSYLVANIA ha,
scarcely been behind the greatest crimina
of the age" in this respect; he has used tn,
pardoning power not for the rectifyino O
mistakes made by the courts not for doin,
Justice when the law had been too severe, bu
TO make himself popular with a class tina
makes it business to prey upon the CON