Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-01-14

JESDAY EVENING. ia
been sent long distances and lodged in the
insane asylum at heavy public charge
who were Just simply paupere-drupkeu
peupers or criminals In these cases fraud
utent anOuOts have been certified by the
prOoate judges. for transportation 10 which
tho judge blmself Is alleged to have been
interested. @5f : >
T 10 avoid the danger Of such abuses rec.
commend that the law he 90 modified ths,
any county sending an alleged insane per-
son 70 the asylum be required to pay for
the transportation thereto and for his return
10 his own county when he shall have been
discharged from the asylum When spv
person without estate has been received
and treated ss an insane patient at the ex-
pense OF the territory and has been dis
charged frsm the asylum, all the expense
OF bis return. and Of bis support, should
then rest upon the county from which he
was sent, since while lunatic he can Meth.
er gain nor lose residence.
THE PARDoN1No POWER.
The power to pardon oHenses against the
territorial laws is conferred by the organic
act upon the govern or. In It's terms the
power is absolute, perhaps necessarily 70.
Upon him rests the responsibility of its ju.
d'cious exercise. have introduced the
subject here. not for the purpose of asking
legislation, for you scarcely have the power
to make any laws Of binding force on the
SUBJECT; but We have reached that point in
the development and execution of our Grim
lnal laws when its proper exercise assumes
great Importance to our people, without re-
gard TO the question as to where the power
~ placed. And rs this is the first opportu-
MY tnat have had to express my views Of
tne proper Limitation, and the extent, of its
exercise, ! avail myself of thi. occasion to
state briefly the principles which I believe
snoold control the action of the executive
branch Of the government on this imnor,ant
subject. S- ''>-'
In early times, aud among mauv n.tien,
at the present day, the doctrine Of the di.
vine right of kings, has been and ia main.
tained, and as q necessary result ali crimes
are against the king.
The power to pardon was personal nre.
rogative of the king, not only abeoIute in
form, but it's exercise depended onlv upou
his pleasure or caprice. The crime vas
against him, and he was Il e par,v n whose
name all writs and prosecutions ran. Ia
pardon was an act Of personal grace and
forgiveness, as much Is TO give Of his ovn
property to relieve the necessities of the
poor.
But our sy stem Of government rests upor
. different theory. With US the people ar.
the source of power, and every crime, prea
or small, Is crime against the people. And
wnie the pardoning power may remain ab.
soiute IN form SO far as it relates to the legal
SUBJECTS OF Its exercise, in reality the whole
thing ls changed. The executive is simply
tne agent OF the supreme power, and ht
cannot rightfully exercise clemencv in an,
gwen case, except upon the ground of goodd
ana snfi,clent public reasons. Its exercise
should be limited mainly to the discovery
OF new evidence which would haye changed
or modified the result, could all the facts
nave heen known before judgment.
In my view the executive ha, no right
10 use this high prerogative in way that
can weaken the power of the law 10 restrain
crime; Neither sympathy nor prejudice
should be permitted 70 break the force of a
Just Judgment, except upon the strongest
claims OF humanity, or in some case where
The practical working of the Law could not
nave been foreseen. The unerring certainty.
with which punishment, although not exces.
sive, must and will follow conviction, is what
restraints crime. 1t is believed fidelity to
the public in the exercise of this high pre-
rogative will diminish crime, and thus prove
on grand scale be humane and mercifnl
REWARDS FOR ARRESTS.
The law authorizes the governor to offer a
reward tor the arrest of criminals in two
cases only, and these the least likely to &C
cur; and wider scope for that power might
prove advantageous toward the more certain
of crime.
APPoRTIoNMENT,
Congress at its last session passed a Law
reducing the number Of the territorial couu.
Gil to twelve, and the number of representa-
tives to twenty-four. This action of congress
Imposes upon you the duty of making q new
apportionment of council and representative
districts at the present session. A lust SD
portlonment even under the most favorable
ia difficult thing to make.
But in view Of the fact that our population
has more than doubled since any census has
been taken; that the settlements are IN re-
mote parts Of the territory, each having in.
terests and preiudices Of its own, trust YOU
will all feel the importance of approaching
this subject with ,uch spirit of candor and
fairness as will secure just and satisfactory
results
LIBRARY.
Congress has made provision for . law
library for the territory, and as the TERRITORY
owns no building where it can be kept and
cared for. an appropriation should be made
BY which the librarit IN can pay the rent and
such other incidental expenses as NAV be
necessary for lis use and proper care, includ-
ing insurance.
Many valuable volumes, such As law re.
ports and the reports Of state officers, have
been donated to, and have greatly increased
the t value Of the library, while heretofore
there has been no provision of Law for re.
ciprocating these favors; aud if We continue
to neglect this, these valuable acquisitions
will soon cease. And az the first volume Of
the reports of the supreme court decision.
of the territory is soon to be published by
private enterprise. recommend that the
librarian be authorized and directed 70 pur-
chase sufficient number o, copies. not ex.
ceeding sixty in all. to furnish the libraries
OF the several states and territories with one
copy each, and to supply the library with
SUch AHditional onn;o. 10 roo, ~ .H..--