The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1882-04-22

MONHOEs xAss A1kSxA 49, 1000
PARpoNs AND THE PARD0NING
POWER.
But few weeks elapse without our
noticing some editorial thrust at the
Governor of this State for alleged tnju.
dicious exercise of the pardoning pow
er. Not % an apologlst for the Cover
/. nor. since he would resent the imputa-
ton. as he should in fact, but as In our
own right we may be permitted to say
that In respect Of questions of public
policy justice should be done rs we'll as
In the common transactions Of life.
Article LXVI of the Constitution
reads as follows:
The Governor shall have power
to grant reprteves for all odenses
against tho State, and, except IN
cases Of Impeachment or treason, shall,
upon the Recommendation In writing
Of the lieutenant Governor, Attorney
General and presiding judge OF the
court before which conviction was had,
or auy two of them, have power to
grant pardops. commute sentences and
remit lines and forfeitures after convic'
ton.
From the above it can be readily
seen that the Governor is no more re-
sponsible for the pardons, commuta-
lions, &C., complained Of, than the
other two officers of the executive de-
partment, or the District Judge who
tried the convict; and we ask lift is
k>olS io-thQf
the Recommendation of the Judge pre-
siding is not required by Governor
McEuery as q condition precedent to
the favorable consideration of any ap.
plication for executive clemency?
The editor In his sanctum Is aware
of the fact tnat the jury box Is being
constantly made the instrument
through which hatred, malice and
spite make sure of their revenge. The
attorney and the Judge are yet better
witnesses. They know how Ignorant
large class Of jurymen are, and the
editor would shudder with horror at
the mere idea of having his life, 6r his
character even, placed within the
scope Ut their disposal. He knows full
we'll the natural predispositfon of ttthe
man aud brother" to find every man
guilty VINO stands accused and yet
with all this knowledge, he will CEN
sure the power which, guided and
guarded by the approval of two other
officials in nigh places and of the i'm
partial Judge presiding in the district,
comes to the relief, after patient inves-
tisation, of the victim of Ignorance or
malice.
1t is known to the writer that the
present Governor is scrupulous In the
impartial and patient discharge of his
duties in this respect. An application
for pardon Is never considered by the
Governor until it has been recommend:
ed by the District Judge, examined by
both the Lieutenant Governor and the
Attorney General, and approved by at
least one of these executive officers. 1t
would seem that q casual glance at the
law, and the safeguards thrown around
the pardoning power by the Constitu-
ton would be sufficient to put an end
to the reiterated complaints made
against Gov. McEnery. The spirit
and meaning of the Constitution was
and is, to take from the Executive the
power 70 pardon, (making him inde-
pendent and above temptation,) except
upon the recommendation of those ia
miliar with the facts and yet subordi-
mates of the executive, who In this
matter are his superiors. 1.-THE Exec
utive could command that recommen-
dalions for clemency should be given,
there would be reason for censure; but
as he cannot, where is the man beset
with all the cares and vexations Incl
dent to the Office Of Governor Of Louis
lana, who could find time to investi-
gate personally the testimony In GRIM
inal Cases, and In opposition to the
deliberate Judgment of high officials
familiar with the facts and law In each
case, say that their judgments are not
50 good as his aud that the applicant
for clemency is nevertheless criminal
unworthy of pardon: