The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-03-05
THE PARpONINa POWER.

state, the pardonng power Is vested solely
in the governor. 1t is absolute in him and
there is no restraining power, no restriction,
no regulation relative 10 it even, save that he
10 required TO file the reasons that sctuate
him in pardoning, or ia committing The sen
tence of q criminal. When no does this lie
has answered the behests of the law and
there Is no authority anywhere to gainsay
his power save in public opinion, and the
public without il knows all the facts has no
right to condemn. ,The statute law of the
state prescrbes thekorms Of trial for man
charged with capital offence, with murder.
The state and the accused each have their
rights, and each is assumed TO seek to
maintain them to tho best possible
advantage. The state is clothed with vast
deal of power and can always enforce its de-
rnands. 1t is not always the case that an
accused can do this, can avail himself of all
his advantages. He may be poor and unable
to employ counsel or 10 secure his evidence,
and with counsel appointed for him who have
not had time to inform and prepare them
selves as they should be and have the honest
and legitimate evidence at hand which might
be obtained, he then enters upon trial at
great disadvantage and the case goes
against him. He APP eals to the court of final
resort. That court is governed in it's action
BY the prescribed rules of law, aud cennot go
outside of tho record presented TO ii. The
consequence is that tho accused profits moth
ing by his appeal save in the consumption OF
time. But .one resource is lett him then
and that IS An application Tor
pardon or Communication OF sentence, 10 the
governor. The governor takes the plpets in
the case that are laid before him. He quiet
ly, calmly, disnterestedly, patiently, merci-
fully examines all facts that are presented to
him, no matter whether they are official or
unofficial. He lie trsmmeled by no impeTa
tive rules Of the code of Criminal Procedure
No absolute rules of Greonlesf on evidence,
hamper him. He looks only TO ono thing
the common sense of the facts Ms they are
given to him, and tho law, and if he is
humane man. with merciful heart and at
the same time with strong analytical, dis
eliminating, legal mind like Governor
Roberts, he does what his judgment
and his conscience dictate to be
strict Justice tempered with mercy. Facts
are laid before him that never come TO the
cognizance of the public, and why should tho
press and tho public condemn without
knowing all tho facts in case? In this
mornings paper wa publish q letter to tho
governor from Hon. W. X. Homan, state
senator and an eminent lawyer, relative to
the Hubby case. This letter speaks for
itself, and coming from gentleman of the
standing of Senator Holman, who is PER-
fectly disin,crested, it is worthy, no! only of
earnest consideration, but Of credencc, and ID
entitled to weight. We refer specially to
the Hubby case, because Governor Roberts
has been hung in eiligy for committing the
sentence Of Milan NJ. Hubby from
death TO confinement in tho peniten-
tisry for life, on the charge of
numbering man named Gardner
convicted on circumstanta evidence alone,
and because number of papers have en-
sured the governor IN unmeasured terms, for
his action. This letter, coupled with other
facts and circumstances, induced the COVER
nor to. interpose his powers of clemency in
behalf Of the unfortunate man, and we can
sec no just cause for the cutlery that has been
raised abanst him. II the governor has
erred at all, II has been OH the side of mercy
on the side Of strict construction Of the law
end due and unbiased consideration of the
facts. II is always humane, 1t is always jus,
toerr, ifit be error, In such a way. Who,read
ing Senator Homan's letter, cannot feel a
thrill Of indignation ut judge who
will permit the evidence Of a
man notoriously non compos months
TOT to a Jury and weigh In tho balance.
agAinst mans lifet II Is not our provinc'
70 say that the judge violated tho law in nd
hitting such evidence for we don't pretend
TO know the bubbles aud the technicalite,
ofthe law, but We do know that equity, thu
common Justice interposes Ia barrier
against such procedure and judges In thi,
state have blended law aud equity jurisdic
ton, and wherein tho law may DO deacien
In the expression or repression Of lis power
equity comes in and Is Of forco. We hav
ca former occasions differed from Governo
Robsrts Ia many Of his views and policies 4
bic efforts ~ the chief magistrate Of 'rexs
In behalf Of tho states welfare, but wo hay
always honored him for his sincerity Of put
poss 80 especially admired him for b
asmnsss end NJ fidelity TO his convictio,
n The msAAee y his communications
psrsena ssnssneea fOr capital offences and
Nh pArdonlng 4 sAAlasis confined m UrI,o
Penalties 'all'0'sa ~ sAslAw sos oasac'