The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1875-12-02
Abuse Of the Pardonina Power.

InuhSUAI HUhNkNu, UEG. zuu, so<o.
Abuse Of. the Pardoning Power.
Dublin J. Walker, the present Senator
from Chester County, was recently con-
victed of frsudulently issuinga pay GER
tiicate while School Commissioner Of
that County some years ago. Upon that
conviction he was sentenced by Judge
Mackey to imprisonment in the Penitea-
tiary for one year, and upon the recon-
mendation of the Judge and the jury
Gov. Chamberlain granted commuta'
ton of his sentence to imprisonment in
the county jail. This was, however, not
enough TO satisfy the desires of the Sena-
torial gentleman, and he made his appli-
cation for a pardon on the ground of after
discovered circumstances. This applica-
ton was seconded by Judge Mackey,
whose chance for reelection as Judge is
said to depend upon Walker being re-
stored to his seat in the State Senate. The
newly discovered circumstances are certi-
fed to byB. q. Yocum, Treasurer of Ches-
ter county, and F. B. Lloyd, School Cora
missioner. It is remarkable that facts
justifying an acquittal should have been,
left out when the parties who know them
were witnesses in the case. Isit possible.
that these witnesses were not questioned
upon the whole casein such manner as
to elicit all the facts9 The part; borne
in the case by these witnesses is, to speak
mildly, very remarkable. In reeonl--a
mending the pardon Judge Mackey sayss:
sThe above stated Acts Cin.the afida-
Wits of Yocum and Loyd) would have
been material eIidence in Walkers fayer'
on-;his trial, especially as / charged the
jury that, "the mere fact of signing a.
teachers pay certificate as School 4C0nl-
missioner, after he had tor a considerable
time ceased to be School Commissioner,
wassa badge of fraud, and imposed onthe
defendant the burden ofproying beyond
reasonable doubt that he acted in good
faith in so signing" sIn my Judgment Fl
Judge Mackey continues, eff these facts
had been disclosed on the trial, the jury
would not have rendered verdict of
guilty, nor should have regarded tho
whole evidence as warranting such %
verdict. I would most certainly have.
ordered a new trial, efYmy o.on n,otio't,
had been informed of these facfs before
the sentence MAS pronounced" @ q
In addition to this nephew of fiJudee
Mackey, who is acting Solicitor, ! recon-
mended the pardon, and Messrs. s. j.
Couch, q brother-in-law of Msckey's, to-
gether with W. A. Walker and Charles
S. Brice, members of the Chester bar,
say: e' g.
1In view of the afidayis of B. CT.
Yoeum and F. B. Lloyd, which raise the
reasonable presumption that Dublin
Walker and Henry Blake signed the cel-
ti6catel which they were convicted for
issuing under the belief that they had the
authority to sign it we respectfully solicit
their pardon upon the legal grounds
therein set forth" 1
Upon this the Governor pardoned1
Walker. The fact that a presiding Judge,
would have granted a new trial is not
sufficient to warrant a Governor, in par
doning a criminal, neither is the recon-
mendation to pardon upon legsl
grounds entitled to any weight, for the
Governor could only pardon upon equi.
table considerations. The pardoning
power viii be dangerous and oppressive
whenever it is exercised to satisfy legal
technicalities. But the simple fact is
that the Mackey family wanted him par
doned to meet their political necessities,
and the Governor has made himself the
willing tool to accomplish their purposes.
There was no sound reason for the par.
don, and the only conclusion we can
reach is that there is no possibility ofl
Furnishing q politician in this State, for
between Judges, skilled in the applica.
ton ofthe writ Of 6a5eas corpus, and 81
Governor, who is ready to commute Of:
pardon felons who arr influential when"
ever a few designing men recommend,
they are all sure to escape the just penalty
of their crime.