Weston weekly leader. [volume] (Weston, Umatilla County, Or.) 1878-189?, 1880-10-02
REPRIEvES, CoMNUTATIONS AND
PARDONS.


The Constitution and laws Of the State !
require the Governor to report to the
Legislative assembly, each case of re-
prieve, communication and pardon granted |
by him, and the reasons for granting the
same. Also the names IF all persons In
whose favor the remissions of fines and
forfeitsres shall have been made, and the
several amounts remitted. In obedience
to that requirement., I submit at this
time, my report upon that subject. The
number Of combinations, as you will OBJ
serve from the report, is large, probably
much larger than has ever been granted
in this State during the same length of
time. There are two reasons for this.
The one is, that there has been greater
number of .onvicts in the penitentiary
during the time referred to than at any
prior period of like duration. The other
is, that in nearly all cases where convicts
have been discharged before the expira-
tion of their term of sentence, commu-
tation has been granted, while formerly
practice prevailed of remitting a por-
ton of the sentence, or, as it was termed,
allowing extra time in favor of party
on account of some extra service, and
discharging him without granting any
communication or pardon, but the same as
if he had served the full term subject to
the remission for merits as provided by
statute, this resulted in allowing more
credit for merits than the statute author
izcd nave no desire to criticise the
practice referred to, of allowing extra
time to convicts for some extra labor or
meritorious services, beyond that which
they ay entitle themselves to under the
rule laid down in the statute. l have
adopted the practice myself, ,out have not
authorized the discharge Of the convict
in such cases, without formal comnuta-
ton or pardon, if believed him entitled
to pardon. You will notice in great
majority Of the cases Of communication,
the convicts have served nearly all the
time specified in their sentence. The
object of granting the Communication i'll
such cases, has been to render the dis
charge legal The fact, however, has
frequently been commented upon by
parties, with as much apparent serious.
ness as If there had been an important
exercise of the hardening power.
The trainers; Of the Constitution very
wisely and properly vested in the Cover
nor the pardoning power. No Other
iaa.,cl of the Government could have
exercised it as we'll The Judiciary
could not, as it necessarily would be con
trolled iii its action by general rules
both In the admission of testimony ant
ia it's decisions, aad Legislative assem
hiy would evidently be a very unfit bod,
to exercise such a prerogative. All Gov
ernmental institutions are but human
Inventions, and at their best are yer,
imperfect, however much they may ben
. eft mankind. Depriving a human bein:
of life or liberty as a penalty for TIN
trarsgression of law, is an assumption OF
the part of a commonwealth, of high au
n thority, aud it can only be justified upo'
the grounds that the safety of the publ
o demands it, The execution OF the offend
er, or his continued detention secure
all immunity from his further depreda
= tions, his reformation would have Tia
same effect, though that is not likely t
he effected except through the inhuene
of punishment. But the most importan
. aim, in the infiction of punishment,
:, to afford salutary example to thos
Is; who are not restrained by moral sent
o. ments or through moral influences T
.r;: determine, then, what is condign punisi
ch ment in a particular case, the security {
de the public from the acts of the larticula
sn offender and the beneficial influence
~ will have upon those who are prone
a. evil, must he considered The Legisl,
ture in prescribing the vindicatory pa'
of penal act, has in view general ella!
of offenders only, and wide latitude
:. usually given to the courts in admin
tering it, though some of our penal sta
. utes are very muclr restricted, amor
.s' e which may be included the provision
the criminal code which makes it felor
to steal an article in building. witho'
regard to the value of the article or Il
= kind or condition of the building. A
ye. other is the provision which makes it
felony to steal any of the equine or h