The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1878-02-01


.E- II is the frequent and undoubt-
eddy sincere boast of almost every
patriotic American, that our govern
mental system is the best in the world,
or, as sometimes expressed, ''our gov
ernment is tho best the sun ever shonc
upon," and IL is not inconsistent with
this sclf-congratulation that We find
defects IN the system and call for n
remedy. We can hardly claim pericc-
ton for It's theory, and when we come
10 consider that it IL, and must be, all
ministered by fallible, weak and short
sighted and possibly defective human
weak places in the system which need
strengthening and defects which ought
10 be remedied. One such defect we
believe 10 be in the executive pardon.
Not that we claim or admit as some
claim. that by its injudiciou, exercise
1.-THE administration Of justice has be-
come mere farce" Suppose il were
true, a. sometimes alleged, that "Presi-
dent Grant pardoned defrauders of the
government rs fast as they were con-
yicted," and that "Presidcnt Hayes is
following CLOSELY In his predecessors
track" and that ''GOvernor Robinson,
of New York, is hardening liquor deal
ers upon whom Recorder Iiackett inn
posed the lightcst sentence that the law 5
Showed" it does not follow that the
law is not "a terror to evil doers," and
its restraining influence upon reckless
humanity great protection to the lives
and property Of citizens. That The
power Of executive pardon has often
been indiscrrct.y and unfortunately used
quite frequently Of late, cannot be
denied. That this injudicious use OF
The prerogaiive has tendency to
diminish the wholesome Influences OF
law and to encourage crime is unfor-
tunately too true. But where is the
remedy So long as humanity remains
the same and we retain our much loved
institutions, we cannot hope for entire
immunity from this evil. The object OF
entrusting the pardoning power TO the
executive seems TO have been to REM
cdy certain exceptional injustices nee
essarily wrought by the operation OF
our judicial systems, as, for example,
when verdict of guilty has been rem
proves to have been i'll founded or
false; or when some change of cir
cumstanccs occurs during the term OF
imprisonment of 4 convict which seems
10 mitigate the oflcn-c he has commit
ted. Hut IL WAS never contemplated
shat after lair trial and a just sentence
10y the court, the law should be multi
lied by the exercise Of executive elem
ency. II /, very seldom, IL ever, that
executives use this prcrogative indis-
.riminately or rccklessly. Such Use Of
it Is too intrcquent and exceptional to
afford All argument against the system
Hut that there is something wrong in
it must be conceded by all who have
observed III working. And docs it not
lie rather IN the fact that M executive
csnnot investigate all the applications
I.r his clcmency, but must act on the
Information given him, which ia always
partial aud one-sidedi And besides, he
msy not have a judicial mind, and
therefore may lie unqualified To judge
III evidence. II the power to review
these cases aud grant pardons were
vested IN some Of our higher courts
whose judges are selected for theil
judicial minds and legal attsinments
aud who are as far rs possible removed
from the influences of politics and cleo
lions. aud consequently from the temp
ration 10 seek popular favor, We might
hnpe that substantial justice might he
done, and the laws honestly enforced
a. well as innocence protected.
The Petition Ofthe WoOi-t:rOwers.
l'ha f,li.us;no. T. tho iaxt of tha Mi