Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1878-04-30
LETTER FROM ATLANTA.
ATLANTA. |. L Anil % 1a1s

corning the killing Of John McGnin
ness; the conviction of his Chinese
slayers; the reasons therefor: why
they were pardened, and what degree
OF Justlhcatlon, if any, exists for their
pardon. The pardoning power is a
relic of the barberous past. and when
msnsed becomes dangerous: and since
gross Instances Of its misuse in tl,is
Territory are not wanting it is proper
and right it's use now and hereafter
should be rigidly inquired into. But
our discussions should be conducted
IN spirit of candid inquiry and not
factlonsly, as has thus far been the
case IN the McGuinness affair. No
intelligent judgement can be based
upon the trcnzled prejudiccs of foes,
nor upon the apologetic concealmeats
OF frienls, and the newspaper discus
slons OF this matter seem To lie made
up of prejudices and apologies. To
Judge correctly, the facts by which
our judgements are to be found must
be known to us, weighed and re.
garded.
Prima facie. Governor Brayman
erred in granting the pardon. That
their keeping cost the Territory SIS
per day; that they were dying of
consumption. or of wounds, affected
not the propriety OF their retention in
prison. Their proper care, under the
circumstances, was subject for the
exercise ct our common humanity to-
wards the unfortunate; not for the ex-
ecutlve clcmency 10 relieve them from
responsibility for crime against the
laws. An examining cout, had bound
the stayerS over, grand Jury had III
dicted them, a jury oI twelve men
after having 50 much 1T the testiino-
ney as was admittcd-cnnvict a them,
the District Judge had sentenced
them, and the Supreme Court had re-
fused them new trial; So tar as ap.
pearances 80. this is all proper and
Legitimate, and il the absence of OPP
posing facts would bc conclusive. But
in rebuttal OF the coaclusivcncss OF
these facts il Is set up: That McGuiu-
ness was very bad man, and that
this TACT should excuse those who
killed him. This theory *, Of course,
uutcnablc The fact that mau is
bad, ar au outlaw, does mot Justify lis
nnccrcmoniuus taking III, but il may,
and perhaps should, cxtcnua;e the
fault Of those who De- the dccdA And
this is matter which might properly
be considered in extending The execu.
tive clencncy Again it is asserted |
that the conviction Of the Chinese, and /
all other acts derogatory to them,
have resulted from race prcjudices-
that if they had been white men In
stead of Chinese they would never
have been bound over by the examin.
ing court, nor indicted by the grand
jury. This prejudice, being known to
exist, it would seem to he the duty of
the Executive to ascertain whether its
influence caused the conviction of the
Chinese, and if so TO grant pardon,
he being supposed TO be above such
influences. It is also asserted that
armed himself aud went
TO the ChinamelI's claims to kill them,
and that thc Prosecuting Attorney
kept the evidence of this fact from
coming before the court; in other
words, that the attorneys for the de-
Tense were incompetent to make
good defense. II McGunQess went
to the Chinamen's claim to kill them
they should have been acquitted; and
ne they were insufficjpntlv defended