The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1880-05-28

VI = 1XXNA$E9 L - v AN&As
THE EXERCISE OF THE PARDONING
4 POWER.
The power to grant psrdons under
article &c of the Constitution is not, as
formerly, vested absolutely In the Gov
ernor. The Lieutenant Governor, At
torney General, and the presiding
Judge of the court before whom con-
viction was had, constitute what might
be properly called Board of Pardons.
They are required to render their opin-
Ions severally In writing upon all petit
lions for pardons before the Governor
can act at all. Should he act without
such recommendation, his action would
DO unconstitutional and void.
It seems that many petitions, prop
eriy certified and endorsed by this adj
visory board, were presented to Gov
ernor Wiltz before he left for the
North, upon which he was unable to
act for want OF time. In some of the
cases thus presented he had determined
to act In accordance with the prayers
Of the petitioners and SO informed
Lieut.-Gov. McEnery before he left.
Acting Governor McEnery acted on
these petitions In compliance with the
Governors declared wishes, and the
dovernor-not the acting Governor
must, therefore, In these cases take the
responsibility, whatever 1t may be.
Doubtless acting Governor McEnery
has himself acted in some applications
not brought to the attention of Cover
nor Wilt, as they were presented after
his departure.
The general theory Of the pardoning
power Is based upon the necessity Of
reposing in some judicious officer the
authority of reviewing the decisions of
the courts, particularly, when new evil
dence Is discovered after conviction
and sentence, and justice, as well as
mercy, requires reversal or modifica-
ton of the punishment. Its exercise
should not be SO frequent or inconsider-
ate as to impair the dread of punish
ment by making 1t certain or even
probable that violators of criminal law
can escape the legal consequences of
their crimes.
The Constitution In making the writ
ten opinions of this advisory board a
condition precedent to the exercise of
tho pardoning power by the Governor,
has to a great extent relieved him of
the .weighty responsibility under
which he was formerly compelled
to act In the matter OF pardons
In the absence of the most positive
proof to the contrary, 1t is presumable
that this board would advise, and the
Governor would act discreetly, when
ever they were called upon to inter-
iere with the ordinary course of GRIM
inal justice. 1t is impossible for per-
sons who have never seen tho petitions,
papers and evidence brought to these
constitutional officers for examination
and recommendation for executive
ciemency, TO judge of these cases prop
erly and intelligently. They generally
make up their verdict of censure from
par<ioning power, and in this way do
great injustice to the motives and iu-
telligence of the Executive. No doubt
such injustice has been done to both
Gov. Wiitz and 1t. Governor McEu-
cry. The press in some instances has
been very severe in its structures. But
generally those journals ventilatinc
their criticism are not those which have
the most consideration with Thought
full men.
The Picayune, In closing an article
upon this subject, very properly gives
acting Governor McEnery the oppor-
tunity of explaining the reasons which
induced his action, aud says:
1t is but just to Lieut.. Gov. McEn-
cry to include his statement In this
article.
The Acting Governor states that up
on all or nearly all the pardons he ad-
deti his Endorsement, aud gave his rea-
sons therefor, which were In accord
ance with the petition. That Wiitz,
not having acted upon tho saveraI mr.