The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-07


a sensation as his Canal Message, and is alto
gether moro unexpected and surprising.
Governor Tllden'S Canal Message was in pur-
suance OF his settled hostility to public thieves
aud in perfect keeping with his character.
But his pardon OF the notorious Ingersol is
an act OF clemency to one of the worst and
! guilIiest OF the thieves who plundered the
city, and it excites establishment and curiosity
by its apparent inconsistency with the Cover
nors relentless severity toward knaves of that
class. The too free exercise of the pardoning
power has long been standing complaint
against State executives, but their weak yield
ing to the urgency of petitioners has COM
monty been in the cases of criminals in
relation to whom public feeling had become
Indifferent 1t was not supposed that Cover
nor Tilden would yield to this weakness, and,
least of ALL that he would allow his sympathies
to be moved in favor Of a man like Ingersoll.
An eminent legal writer has said:-"Every
pardon granted to the guilty is in derogation
of the law. If the pardon be equitable the
law is bad; for where legislation and the adj
mlnistration of the law are perfect pardons
must be in violation of the law" But as
courts may occasionally err, or extenuating
circumstances may abate the crimnality of
an offence, pardons are sometimes proper as
q means Of remedying injustice But there
are no such reasons for the pardon of Inger-
sou. lie has suffered no injustice. There is
no question OF his guilt; his sentence was not
excessive and, moreover, clemency toward
an offender of his class tends to lower the
tone Of public feeling at time when vigor-
Gus popular sentiment is needed to support
the public authorities in bringing a multitude
Of unwhipped rogues to justice. For this
amazing act OF mercy there must be some ade-
quate explanation which the Governor has not
yet seen ft to communicate to the public
Pending his silence some of his friends have
volunteered an excuse which has great air
l of plausibilty The surmise is that Cover
nor Tildsn lbs pardoned Ingersoll in order to
qualify him witness in the prosecution Of
other members Of the Ring. under the recent
| Civil Remedies acts. If Ingc1-oll is willing to
tell all he knows the administration of justice
may be promoted by his pardon. 1t is well
4 known that conviction of en- INFAMOUS crime
\ destroys q mans competency as q witness.
\ II the prosecution offers such witness the
counsel for the defence always object to his
being sworn, and the Court will sustain the
4 objection unless the defence fails to furnish
proof OF the conviction, or the prosecution
shows that the offence has been pardoned or
the sentence set aside by higher court. A
pardon granted to remove persons incom-
potency as a witness is not precisely the same
thing, though somewhat Of the same nature,
as the promise Of IMMUNITY given BY prose-
cutting officer to one of the confederates in a
crime on condition Of his turning States
evidence. Ia the latter case the defence can
not shut out his testimony by pleading his
crime; but convicted forger can
not testify in court, however willing
\ lie may be, unless his disability
IS first removed by pardon. If Ingersoll
4 has promised to tell all he knows there can
4 lie 10 doubt that his testimony viii be inn
i portant enough to justify the act Of clcmency
\ By which lie could be brought upon the witness
stand anu permitted to swear. No court
II could receive his evidence against the obiec-
tons OF opposing counsel without a pardon,
which can alone remove his disqualification.
This pardon, therefore, probably toreshadows
q vigorous prosecution Of suits for recovering
the stolen money under the new statutes
passed by tile Legislature a few weeks ago,
called tile Civil Remedies acts.
4 The scope Of those acts is very wide. They
4 remedy Ill those defects in the previously *
listing Law which broke down the former civil
suits against members Of the Ring. In the
suit Oil which the Court Of Appeals pro
Y nouncad its decision this same Ingersoll was
a perry, TIL tide 81 tie case being ''Ihe
Il People ~ James i. Ingcrsoll." The turning
point 81 that decision was that as the prop
crty sought 10 be recovered belonged to the
county suits could lie brought only IN the
name If tie county, rs the law then stood;
although tile Court conceded that the Legisla-
ture might ennble the State to sue
and recover. such laws have been
passed by this Legislature chiefly through
+ the exeraons Of Governor Tilden ard Mr.
4 O'Conor. Bat tie SUITS will have to be com
. msnced anew a. il nothing bad been done;
anu tle law being 10 longer doubtful, their
II success depends entirely "a getting sufficient
evidencs-not merely evidence that the frauds
were committed by 4nch and such individuals,
lit IS 70 their subsequent disposition Of their
property e. place i beyond the reach Of the
law. Without this last kind Of evidence YER
diets against tic robbers would amount 10
nothing. aud ia this view the testimony II
Ingersoll may be all important for 10 man
was more fully ia the secrets oil the Ring for q
long time after IS explosion and while its
members were engaged il attempts to put
away aDd conceal their property.
i. Is the intention Of the Governor 70 prose-
cute those members Of the Ring who have fed
20 foreign countries and taken their property
with them as well as those who have not es-