The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-01-14

that m0rstors Of crime may soInOtimes BIO
found who're dissemination IL demanded,
not to vindicate tho authority Of law, but
the dignity of human nature. Il would
not therefore DO judicious for tho state TO
rcnouncc tho power to innict death, but
tho proprety of tho exercise of the power
in any instance can DO determined by a
jury drawn from, tho body Of the people.
And il may DO proper for me to make
some illusions TO the probable influence of
the exercise of the pardoning power by
tho governor upon the administration of
| the criminal laws.
The executive authority TO grant par
| dons, rcpricvcs and combinations, is, un.
| der the constitution, absolute, and to DO cx-
| crciscd by him ut his discretion, and like
all discretionary powers confded to pub
lie officers, is extremely liable to abuse.
i have exercised the pardoning power,
in proportion 10 tho whole number Of con-
victions In tho State, more sparingly than
any Of my predecessors, and am satisfied
that l have done so in improper cases.
But have had the satisfaction of relcas-
ing persons from tho Pcnitentiary after
they had furnished to me tho most I'M
questionable proof of their Innocence of
the alleged crimes of which the jury had
found them guilty, have, by pardon,
shortened terms Of imprisonment that
were certified to me by the judges and jul
rics imposing them to be excessive, and
haydn moro than one instance intorfercd
for the relief of tho poor and ignorant
who were the victims Of tho OF designing
persons.
We know that the blindness of legal
justice is but a fable, and that though the
laws, in their letter and spirit, are just and
humane and equal, MS n practical fact, the
wealthy and influential do disregard or
| violate them with measure of IMMUNITY
not permitted TO the poor and friondless.
We know, too, that the jails into which
those who are accused Of tho commission
of crimes and are unable to furnish bail
arc crowded--are moral pest-houses--
whero vice is taught to tho innocent, and
the guilty made more deprsved. We
know that instances are not wanting
where jailers or their subordlnates, alone
or In conjunction with some of q class of
professional men who dishonor tho law
and disgrace the courts that tolerate their
presence, have deprived frcndless prison
ers of their possesses, and have then deliy-
cred them over to n certain conviction,
their sentences Of imprisonment Agra
waited and lcngthened by the vile charac-
ter of their counsel who first robbed and
then betrayed them. / have pardoned
some of this class of unfortunates upon
the ground that if the state cannot pro-
tect them it ought to make them the repa-
-ration Of forgiveness.
No subject is more worthy of tho attcn
ton of the representatives of an en-
lghtoncd christian people than tho i'm
perfect provision made by the laws of the
state for tho protection of tho rights OF
the poor, the ignorant, the inexperienced
and the frendless, in tho criminal courts
The evil is most apparent in the cities and
populous counties of the state. Every
year the population of tho state is in
creased by cmigrants from all the nations
of Europe, and from every state of I'll,
. union, who ARE of every grade of charac
, ter and every degree Of Intelligence. D
the thousands that como into the state
many are ignorant of our language anC
our laws, and many are upon their arriva
poor and often i'll, dispirited and inex
perienced. In tho cities the missionarie
, Of vice are ever active, and its temples ID
, always open, and from their doors nom
are driven away; TO these the inexpcri
D cnced and unwary are often tempted to re
/, sort, or from want of employment the ir
, resolute are impoled TO the commission o
r crime, or often they are made tho dupe
and instruments of those with whom Grim
= is II trade, or, being strangers and friend
= less, they are readily suspected, and who
n arrested they arc unable to find bail AN
g are committed to Jail, and il indicted, I'll
:, judge, however humane and considerat'
q il compelled 10 entrust their defence I
n some lawyer without standing or expert
Y encc in his profession, and conviction
3 follows, for there is no one to demand Jus
t ticc or implorc mercy. 1t is time that til
o practice of delivering the 1vin
r bodies of poor prisoners to legs
students for professional instruction
= was abandoned, and insist tina
provision should DO made by law for I'll,
election or appointment in largo cities ant
populous counties of the state, OF suitabl,
persons whose duty it should be to visit
, tho places whore persons are confined upoI
c criminal charges, confer with and ndvis,
v poor prisoners, protect them from Cypress
. ions and extortions, attend examinations
investigate the charges against them, nd
o | wise with injured parties, and the cour
1 and the states attorney with view I
o the dismissal of prosecutions where tn
Il ends OF justice would by that course b
y promoted, or with reference to the prope
o measure of punishment in cases where IT,
), punishment is discretionary with til
It judge, or in proper cases alone, or in con
n junction with the counsel assigned by tn
j. court, manage their defense. a propos
ton to provide for tho appointment OF II
If officer 10 watch the administration of tn
$, laws from the standpoint of those who ar
10 accused of crimes is novel, but every on
n familiar with the administration of tn
o criminal laws of the state, IL fully awar
II of the fact that truthful statement of n
% the wrongs inflicted upon persons charge
: with offences would prove that man
# crimes have been committed in the nam
r of the law.
% RAILROADS.
i An important exception 10 the genera
n disposition to obey laws, which prevail
o throughout the state, is found in the r,
n fusnl Of common carriers of passenger
l. and freight. by railways TO obey the con
q stitatonal aud legal enactments provide
~ Tor the regulation Of that important into
v est, and the people of tho state, aware
the refusal Of this class Of persons to obe
h the laws and Of tho mischief their cor
n tempt Of the authority of tho state pre-
20 duces, look TO the general assembly I
o make further and efficient efforts TO pr,
v vide remady.
i Tho report of the Rrlroad and Ware
v house Commissioners which is now in I'll
: hands of the printer; and will be laid b,
IL fore the general assembly as carly MS POI
10 sible, will contain fnll Information as I'll
| prat.nt ions of tnn ruiiwnv ,nanuunra ,,,,