The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1883-08-17
Gov. Porter on the ssPardonins .
Power.

a -sembiy had what was called Govern.
|cr'. Day. when The people were ID b.
lnddfesfe1 by Gov. Foster. or Ohio. Gov.
Porter. of Indiana. and Gov. Hamilton,
lof lIiinois. Foster was too busy III poli.
ltics In Ohio 10 attend, but the other two
6oscrnors we're there, together with 4
large number OF people. Gov. Porte,
leciurtd on the "Pardoning Power aud
lsaid
i The power 20 pardon criminals. where
mot expressly conferred By the constifu.
lion Or statutes upon some other author.
Ility, resides IN the chief executive. The
power need not be granted 10 him. NJ ~
possesses Il until II has been taken from
him. Although clause In the constitu-
liion Of the United States processes 10
confer this power on the president. Il
has been said by the supreme Judges that
u would have existed IN him even hal
that clause been omitted. The geueral
sense OF Of al civilized states Is that The
power 10 grant pardons must reside
I@omewhere, and All the prominent writ
Iers who have most criticised the manner
iin which 4 hhs too frequently been ex-
lerci.ed, admit thatth prerogasive should
mot be abolished. There are cases in
which. after sentence hiss been given. in y
Inocence hns been made very plain and
there are instances where. though the
prisoner u not guiltless Of the oilense oil
which he was accused, the guilt Is tech
|nical. and not 81 all within the spirit Oh
The statute. or the magnitude Of the PEN
ATTY is shockingly ont Of proportion to|
the smallness Of the ofIense. 70 prevent
The last from becoming, 10 such cases, an|
instrument OF injustice. the pardoning|
power should be interposed
| know Of no writer Of any note who|
has ever complained Of abuses BY re Y
fnsal of an executive 70 exercise more
literally the power or pardoning. The
complaints have al been that the power
was exercised with too little discretion
and restraint. Dr. Wines. IN his great
work on this enbject. after giving Stats 4
iics clearly showing the decrease OF par
dons in late years under . better inetruc-I
ted state of public sentiment, SAYS \
The decrease Il indubitable, and Il isi
well that i has taken place; for there!
can be no doubt that the desire and ex-.
pectotion Of executive clcmcncy on theI
part Of the prisoners has been : serious|
obstruction 70 their reformation. TheyI
are always planning, hoping. workingl
70 get out; aud this makes them cross \
irritable, and indisposcd 70 Weld them.
selves 70 reformsfory influence. Thei
principle or executive clemency shouldh
be retained. but iis exercise should bel
Limited 70 exceptional cases. and not
made the ordinary resort Of criminslsI
whose money Or social position enables
them 70 command the influence necessa-
~ TO secure their liberation"
"A pardon gives the offender new
capacity, credit, and character, 60 that,
though be may have been deserving n,
sentence for felony, his crime Is deemed
% completely sfiaced that no NAV ens-
tain an action for SANDER against whom u
ever may accuse him OF the crime ofi'
which be WAS convicted The govern 4
or then dwelt at length on the tronbieI
and perrlexity the pardoning power
gave executives, and cited great num-
ber o. cases where deception Of every.
imaginary kind had been practiced npon'
him . secure pardons. He showed the's
great importance Of canton in oblainingl.
" Attenuation from Independent and con-, !,
idential sources. and also dwelt upouI.
be promises Of persons to sign petitions
or pardon and the causes which IedI
hem to do Il. Some were actuatcd bvl,,
motives Of sympathy, some from fear ofiu.
he accused. and some from ignorance orIs
The pardoning power.
le said, could never Be exercised with-I.'
,ut often endangering the peace or soci-l
~ until persons of character shaIl rel
rain from signing statements of the|.
ruth Of which they are ignorant, and.
rom commenting prisoners 70 executivc|n
'lemency merely on account Of eympa-lo
ny for those upon whom they have|y
brought disgrace. and without carefullyl'u'
aking into account whether such pris-|.
,ner II discharged will not renew a|n
course or crime, and the pardon encour-
Ige violations or law BY making Il ap.!s
,car that the pardcns 20 BY luck. and|'
hat those who for any merit Of theirIl'
,wn least deserve them arc not q al thcl
east likely 70 receive them. The gov-l
rnor thought II would be improper in|''
most cases 70 pardon q convict becauselr
be executive thought that II tho prison "a
r. were discharged he would not againls
10 mischief, for the reason that punish
nen' il inflicted not merely 70 chastisc,a
he offender, but 10 deter others froma
crimes. A vast majority Off
rimca, continued the speaker, have bcen|T
committed BY persons under twenty y-fivc|h
vcars of age. Il gives me pain 10 sayl
hat the young who arc hardened arc|
more likely 70 renew course or crime|t
han the middle aged or the old. TheI(
Tread or conviction and punishment is|s
css strong among the young than thelh
Id; the hope Of cvading Justice isc
stronger with the young, and rcckIoss|h
laring under the influence OF Warmerh
" eeions n far more frcouonf II