Sacramento daily record-union., 1888-11-12
OF PARDeES.

OE IhAOOhS'
Perhaps there is no subject upon which |
the press more frequently or bitterly di-
late than the miscarriage of justice in the
criminal Courts. When the juries are not |
scored for their lack of courage, the Courts
are sharply criticised for the delays of the
law and the tenderness with which offend
ers are treated. It is and has been the
common plant that the major portion of
the great criminals defeat justice for years,
and even when brought to conviction
manage to eyade punishment for long
periods, if not wholly. There may be
something Of exaggeration in the COM
plant, but there is enough of truth in it
TO make the subject ore of great serious
ness. There is no denial to be made of the
fact that criminal with some means and
9 few influential friends can, through the
leniency of our laws, their extreme solici-
tade that no man shall be limited in anv
OF his rights, the slowness of our methods,
and the shrewdress of our attorneys for a
very long period sometimes for years
postpone the Gay of his entry upon the
punishment.
But what. encouragement do the people
give the Courts and juries, when it is noto-
rious that petitions arc circulated and
signed for the pardon of all those who
commit great crimes? A citizen who is
law-abiding, of high standing in the COM
munity and who should be and is probably
desirous of having the laws enforced with
such certainty and severeness as will in
spire respect for them, said within our
hearing but recently sign all petitions
for pardons. 1t is the easiest way to be
rid Of them" Probably hundreds of 9TH
ers do likewise, and thus shake off indi-
yidual responsibility for the sake of per-
sonal comfort, trusting to the Executive to
stand between society and jail delivery.
1t is not necessary to point out that this
evasion of duty is a species of cowardice,
nor that ii is in the nature of deception
practiced upon the executive. But if the
citizen who was not involved in the trial
of criminal thus lightly esteems his
obligations to society what shall be said of
the jurors who render verdicts of convic-
tion and thereafter, without any facts
being presented to them which could not
have been brought out at the trial, SIGN
petitions praying that their verdicts shall
be rendered of no effect? 1t is probably
true that the judges who try criminals
less frequently petition for their pardon,
but enough do so to invite adverse criti-
cism in a great many cases and to Justify
reproach also.
The need is not only for speedier pro-
cedure in criminal cases and greater GER
tainty of punishment, but for greater GER
tainty also that the vigor of the law be
not relaxed when punishment is once
decreed. In that attainment every man
has duty to perform, and it is to set his
face against the petitions for pardon that
are circulated in fully so per cent, if not
more, of all cases Of conviction for crimes
above the ordinary. The criminal of
small caliber; the larcenist whose of1ense
by just a few cents in the value taken be-
comes felony; the fellow who is twice
convicted of petty crime-these are
rarely the subjects of executive clemencv.
For these society is not beset with peti-
tions for their pardon, but of those who are
convicted of crimes of greater magnitude,
probably half are applicants for pardons,
and they do not fail to secure the indorse-
ment of men whose names are supposed to
carry weight to the Executive office.
Mercy isA quality of human nature that
no one will ask shall be offended nor will
it be insisted that the dictates of kindly
heart and compassionate nature shall be
ignored; but that citizens should as freely
petition as they do, and make pardon
days" necessity with the Executive. is
deplorable. 1t encourages laxity in the
administration of the laws; it casts upon
the Governor undue burdens; it breaks
down barriers intended to be removed from
the prison door only in cases where it has
clearly developed that the innocent are
under punishment, that substantial Justice
has already been done, or that merciful in
terposition is in the interest of society, and
fully justified.
The system of prison credits already
greatly reduces terms of definite length, is
an incentive to good behavior, and is also
a manifestation by society teaching the
prisoner that he is not punished out of
hatred or revenge, but solely for the good
of communities and for the repression of
criminal desires. We will not have the
certainty of conviction SO necessary to the
prevention of crime until the certainty or
full punishment alse becomes deterrent
to the evl-doer. This it is not, so leag as
Courts, Jurors and people generally. and
natably these who lament most loudly the
incapaciiy ef our laws and tribunals to
check cr:me,-so freely petition for them
dGiag of the work of tie criminal trib-
unals. While we have an Executive now
who resists multitude of appeals, the fact
in nowise relieves the citizen of his dut,
to refuse to ask Executive interference,
save in eases where no possible doubt re-
mains eoHcerning TIE justice end wisdom
of the appeal.
THE STATE TEACHERS CONVENTION.
\ year ago, at the invitation of two
prominent educators regresenting Sacra-