The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-06-08
THE PARnnNINa POWER.

the power to commute punishment or grant
full pardon is lodged somewhere. Generally
it is in the chief executive officer, whether he
be Emperor, King, President or Governor.
In few of the States, notably in Msssachu-
sets and Pennsylvania, an advisory council
has been added, without whose consent the
Governor may not act. But in nearly all the
States the Governor, and under the United
States. the President, is clothed by the Con-
stitution and laws with the absolute power Of
unconditional pardon or of Communication, as
he may deem best, in the interest Of human
ty. Justice and the general good of society.
This grave power is oottomed on the eternal
principles of justice as understood among
men, and those Of mercy as drawn from the
laws of God 1t also rests firmly on that
other sentiment, which ought to, if it does
not, rest in tho bosom of every man "a jeal-
Gus regard for individual right in the admin
stration of the laws. No power could rest
upon higher or wiser grounds. The institu-
tions of men have never yet reached such q
degree of perfection as to guarantee, in all
cases, Justice or full elucidation ofthe truth
in all, or even large majority, Of cases
Wherein men are tried for crime. Every man
of mature years, from his own individual
observation, knows of one or moro such
cases. SO knowing, law-givers in our own
States, in the British Isles and elsewhere,
have sought to thr every attainable safe
guard around the subject, to in
sure Justice and prevent the wrong
fli execution or lifetime mprison-
ment Of men. Hence, as general thing, in
the American States the party must first be
indicted by Grand jury of good and law
full men. In this very first step it is notori-
Gus that wrong is often done. In the second
place, he must be tried before an impartial
Judge by an impartial jury of the vicinity,
defended by counsel and brought face to ia &c
with the witnesses against him. Yet, with all
these wise and Just principles in force, it is I'M
doniable that from some cause or otncr-such
as false-swearing, imperfect observation, the
absence ofwitnesses, the inability ofcounsel for
and the ability Of counsel against the accused,
or other cause-inlocent men are some-
times convicted, sometimes unto long terms
ofimprisonment aud even unto death. But
the law, in its jealousy Of wrong, goes farther
and allows an appeal to higher
court, q tribunal in which errors are in
tended to be corrected, and doubtless in the
great majority of cases are corrected. But
the history ofevery State in this Union and of
other countrie; proves ,conousively that after
the invocation of all these iustrumentalities
injustice is occasionally done, and that inno-
cent men have occasionally been swung into
eternity from the gallows. Aud this being
so-the fact that excuIpating testimony is
sometimes found when too late TO avail in
the courts that sometimes condemned men
become hopelessly insane, and that, in some
cases, facts arise of which the courts could
take cognizancp, which Justice or the good
of society should-the law, as u last resort,
in ts great desire to protect the right and
only push the wrong, has long, and prob
ably will ever clothe the chief executive
officer ofthe State with this responsible power
of communication and pardon and certainly
no man living in Texas for even ten years
past can fail TO recall one or more cases
wherein he most solemnly believes the power
has been exercised wisely, justly and for the
good as well as the honor of the State. In
our State the Governor is not only expected
to give each case the strictest scrutiny, but
to record his opinions and reasons in book
preserved for that purpose, which goes far
to induce caution, and assuredly is great
safeguard against abuses. The best, ablest
and purest Governor may err, as jurors and
Judges do in some eases, but is that any rea-
son for the abrogation of power, the wise
exercise of which assmilates man to the
angels Tit be destroyed, then why not the
right of appeal and the requirement of in
dictment before trial. In point of fact, the
present Governor has granted few pardons,
in none of which has his action been Justly
criticised. He has, however, in several cases
commutated the death penalty to imprison-
ment at hard labor in the penitentiary for
life. Such action has been criticised SO.
verely by some and as warmly defended by
others. But, in point of fact, who is compe-
tent to do either unless in possession of all
the facts and evidence upon which the action
was based, and It is safe that not one critic
in hundred, pro or con, had acc IS to them.
To say the least, in so grave and delicate a
matter clothed with suoh responsibility, and
where no man, not lunatic, would venture
to impute corruption, criticising, animad-
versions seem in bad taste.