Savannah morning news. [volume] (Savannah) 1868-1887, 1882-01-18
Use and Abuse of the PardOning
Power.

It may readily be conceived under
what difficulties and embarrassments
State Executive frequently lsbors regard
ing the exercise Of prudent discretion in
the use of the pardoning power-that
prerogative delegated him by sovereign
State for the wise purpose OF enabling
him, when justified by circumstances, to
temper justice with mercy. 1t can
easily be understood how hard it is for
an Executive, when, after criminal has
been tried, convicted and sentenced, a
petition "signed by numerous prominent
citizens is presented him praying mercy
for the convicted man, to turn a deaf
ear, and refuse to interpose Executive
clemencY in his behalf, and it is doubt
less due to this that so many criminals
escape the reward of their evil acts, and
enjoy to the full the liberty which they
have forfeited to justice.
To the credit of our common humsni-
ty. be it spoken, the inclination to forget
the evil which men do. and think with
pity only of their misfortunes, is general,
and tits one of the noblest traits of human
nature. Yet the welfare of society
demands that the pardoning power
should not be abused, but exercised only
with the greatest care, since the necessi-
ty for visiting evil-doers with due pun
ishment for their misdeeds is absolute
and two-fold.
In the first place it is imperatively de-
manded that offenders against the laws
shall be rendered powerless to work evil
to society. This can only be effected
either by restraining them of their liber-
ty and so preventing them from preying,
at will, upon a helpless community, or,
when justice demands it, by depriving.
them of life, which so far from being
of use to the world, is a constant menace
to the community cursed by their
baleful presence. In the next place the
fear of punishment has been clearly
proven by experience to be one of the
greatest known obstacles to the commits
sion of crime 1t may be said that not
withstanding the frequent infiction of
punishment, crimes are still of daily &C.
currence; nevertheless, this is no argu-
ment against the potency of fear
as restraint upon the vicious
ly inclined Crimes are constantly
committed, it is true, but it will
be found, in nine cases out of ten, that
the criminal hopes to 90 undecided, or,
if disappointed in this respect, to man
age by legal technicalities, or other
hook or crook, to escape conviction,
or if still again disappointed, either to
receive light punishment, totally made
quate to his offense, or to be saved alto
gether from consequences through the
Governors pardon. In this community
particularly we have of late been fur
nished with disagreeably substantial
proof of the fact that as the fear of pun
ishment for crime decreases so in exact
ratio the commission of crime increases,
8nd our community at large has been
brought to a realizing sense of the abso-
lutte necessity of making crime odiOus
and Furnishing criminals without fear or
favor In a word, remove from crime
the fear Of punishment and the rights of
men will become less and less respected,
society will exist under perpetual me-
mace, and neither life nor property will
be safe.
We do not wish to be undo stood as
opposing the display CT prop mercy.
We recognize as fully as po-sible the
truth that ''the quality of mercy is not
strained, but droppeth as the gentle dew
from Heaven" frequently bringing with
1t double blessing both to him that gives
and him that receives. Nevertheless we
are also equally convinced that justice
should temper mercy, lest the latter,
being exercised too indlscriminately,
should, so far from bringing benefcent
blessin1s in its track, be followed only
by deplorable curses.