San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1886-10-18
PARooNE0 CRIMINALS MAY VOTE.

PARDoNED CRIMINALS MAY VOTE.
The question having arisen upon the
political disability OF certain per'Ons
residing In Bexar county, and also upon
the ability of Captain Joe Shelly to le-
gally qualify as sheriff In case Of his eiec
ton, he and the parties referred to hav-
ing been convicted OF crime In the courts
OF this state and subsequently pardoned,
the LIGHT desires to say word for the
information of its readers, and cite au-
thOrity. During the governOrshIp OF
Governor Davis, Joe Shelly got into
fight with Mexican whom he caught in
the act of skinning one of his mothers
cows which he had just killed. In this
fight Joe was severely wounded and the
Mexican killed. Joe, who was at that
time under age, was arrested for the Of
Tense, convicted, and sentenced TO the
peniLentiary for a short term, but his SEN
tence was cOmmuted by Governor Davis.
Serving out his term in jail he was re.
leased, and in 1873 WAS deputy sheriff
under Mccall, proving in that capacity
a very efficient and valuable peace Off
Ger. He afterwards entered the service
Of the state as ranger, serving as Lieu
tenant and also as Captain. While In
the ranger service his testimony was
found necessary in the bribery case OF
one George Gleason, and his testimony
barred on the ground that he was felOn
and politically and civilly disqualified.
Governor Ireland was telegraphed TO
and full and unconditional pardon was
sent TO Captain Shelly, and Is now duly
recorded in this county. Upon this par
don Captain Shelly was permitted to tes-
tify as witness, and no ex-
oeption to the same was filed. Attorney
General Templeton Of this state having
been appealed to for an opinion in such
cases, delivers judgment adversely to
this precedent, snd says, that persons
convicted OF felony and pardOned had
better refrain from voting as they are
legally disqualified. In this state, the
power to pardon, on the part of the
governor, is unlimited and the only ques-
ton to be determided here is the effect
OF pardon, upon felOn, in restoring
his civil and political disabilities. Up
on this point the supreme court OF the
United States, in the case Of A. III. Gar
land, OF Arkansas, now Cleveland's at
torney general, delivers an exhaustive
onininn 'Thia oaSa arnaa upnn tho al a i'm
Of Mr.. Garland to be legally entitled to
practice his profession as an attorney at
law, without taking the iron clad oath
required at that time, 1865. The oath
he could not take, as he had taken part
in the rebellion existing against the
government from 1861 to 1865. TO re-
move this disability the president par
doned Garland. The effect OF this par
don in removing political and civil dis
abilities was questioned, and the case
came before full bench OF the United
States supreme court. After an exhaus-
tive review of the case, which was ably
argued, the court rendered its opinion,
In the course OF which the court says:
The enquiry arises as to the effect and
operation of a pardon, and on this point
all authorities concur. A pardon reaches
both the punishment prescribed for the
ofiense and the guilt of the offender; and
when the pardon is full it releases the
punishment and blOts out of existence
the guilt, so that in the eye Of the law
the offender is as innocent us If he had
never committed the offense. If granted
before conviction il prevents any of the
penalties and disabilities consequent
upon convention from attaching; il
granted after conviction it removes the
penalties and disabilities and restores
him to all his civil rights; it makes him
AS II were a new man and gives him "A
new credit and capacity.
There is no installing the meaning of
this language of the court OF highest re-
sort. 1t covers the whole ground and
| unequivOcally establishes the legal re-
stOratlon Of all civil and political penal
ties and disabilities resulting from the
conviction. Under this ruling of the
supreme court, every one In Bexar coun-
ty or in Texas who has full pardon for
his oflenses, no matter of what charac
ter, is not debarred from voting or hold
ing office on that account.