The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-10-16
- PAfspONING PoWEI..


It has always been considered IN eFery
form Of government wise provision to-.
the power Of pardon in some department
thereof, because. in spite of every precau-
ton, the innocent arc sometimes convicted
Of crime, and though legally guilty, Others.
from many extcnuating circumstances, are
entitled to mercy. We are FAR from doubt
ing the wisdom of this provision, but at
the same time the pardoning power should
be exercised with great discretion ana the
sOundest judgment in this country the
power to pardon has been committed to the
President of the United States in sIl cases
of convictions under the laws thereof, and
to the Governors Of the respective States,
who're the criminals came under their juris-
diction. There are noted cases IN which this
power has been greatly abused, but
there was no way in which the
abuse could be reached, except by the deep
and strong Reproduction Of public opinion.
The pardoning power must of necessity be
absolute, resting entirely on the discretion
Of the official to whom the power is in
trusted. The celebrated case in kentucky,
many years ago, in which the Governor Of
that State pardened his guilty son, when
there were no extenuating circumstances,
will be remembered by all old people, for it
was the general topic of the times. Cover
hors have frequently abused this power and
brought down on themselves the public
censurc OF all our Presidents, General
Grant has pardoned with less discretion
and in defiance of the almost universal
Judgment Of the public. And these par
dons have been confined to his own
political partisans, men of 70 charac-
ter, who have defraudcd the Trea-
sury of large amounts, or have been
guilty Of crimes, for which there was no ex-
cuse or palliation, and no reason could be
given except they belonged to the Presi-
dents own party and had done it essential
services. All this is exceedingly shameful
and most disgraceful to the country Com
ing nearer home, Governor Davis seems to
have been an humble imitator of Presi-
dent Grant in this as in other respects, and
has used the pardoniDg power simply for
his own advantage or that of his Radical
friends. The pardon of the Indian butch
ers, Satanta and Big Tree, convicted Of the
most cold blooded murder in the annals of
crime attended with lingering and excruci-
ating torture, such as savages alone know
how to inflict, is case in point, and one
that will be long remembered, especially on
the frontier But there is another case Of
contemplated pardon, though not so afro
cious get equally shameful We allude to the,
case of the negro Gaines, now convicted
Of bigamy. The excuse of ignorance of
the law cannot be given in the case of Gaines,
as he was Radical law maker, Senator of
the Legislature of Texas If he was igno-
rant that it was wrong to marry two or
more wives, he was surely not fit to be a leg
islator Of the State. Yet elected by Radi-
cal votes, there he sat in the Senate, with
his two wives, voting with his party and
sustaining all the most odious measures Of
the Governor: Hence, on this ground, we
are told he refused to have his case taken
up to the Supreme Court, because, as he
said, the Governor would pardon him before
his case. could be reached. .,r.e3...
The following correspondence between
these two distinguished personages, which
we find in the Houston Mercury will THROW
somelight on this matter. The tone Of the
Governors letteris exceedingly friendly and
courteous. '1aaa7 aa s5l1i''.q
ExEc6TfvE OFFICE, STATE OF TEXAS,
AUSTIN, TEXAS, August 16, 1878.
Hon Mat Gaines care Of Sheriff Of lagrange Texas:
Sir-Your communication of the eleventh
instant, asking Executive clemency, etc,
has been received. 5a4Ia
ia. / Will consider your case as soon as | re-
ceive statement of facts, when you will
have a fair hearing. thrust 1t scilt be suclta
statement as SoiH ardY9Uat me in Relieving goa.
Inregard to Richmond Foster, the evidence
as sent me by the district attorney does not
show that Foster acted only in defense of
his wife. The facts, as stated, presenteda
bad case against him.
gal y oilaaVery respectfully, '.'si' ''iA
,.os EDMUND j. DAVIS, .sa
ea Governor.
ENDORSEMENT BGosp