New-York tribune., 1891-12-25
HILLS UNLAWFUL PARDON.
QUESTIONING HIS RIGHT TO LIBERATE
WELCT
EX-GOVERNOR CORNELL CRTIGsES HILLS
COURSE ANOTHER STAY IN THE
rBr TELEGRAPH To THE rKiBuNEl


Albany, Dec. 24.-There were many excellent
lawyers who expressed the opinion here to-day
that Governor Hill has no power under the Con-
siitution TO pardon Supervisor Welch of Syracuse,
who on Tuesday began to serve his term of i'm
prisonment for contempt of court. but was within
a few hours pardoned by the Governor 1t will
lie remembered that Judge Kennedy, of the Su-
preme Court, ordered Welch's imprisonment for
eont,mpt Of court because he Intentionally took
out Of the County of Onondaga the election re-
turns Of that county, and thus prevented the cor
rection of falsiied election returns. These re-
turns Judge Kennedy had directed Wech and other
supervisors 10 have corrected
Ex-Governor Alonzo b. Cornell who at present
Is in this city. is also OF the opinion that Gov
ernor Hill has exceeded his powers. lie addressed
tb, following powerful letter to the Editor of
The Albany Evening Journal to-day, and it
was printed in that newspaper this evening:
The Governor Of tho State Of NewYork is officer
created by the Constitution and endowed with certain
er powers and duties and also with other specific
ard limited functions Among the latter is the pardonng
power. He may grant represes, communications and par
dons, after conviction. for all offences except and
Eases impeachment. lie has authority to pardon
eep, after conviction. His Jurisdiction cemency is
therefore limited 10 the Of those who have been duly
convicted AMI he IS competent extend pardon
prsons undor punishment by the Supreme Court for
tmpt OF IL bf:ial mandates.
The Supreme Court existed long before the State the
Constitution and possessed of all requisite powers
rights and prerogatyes maintain its authority and enforce
it, mandates. When the STATE created and the Cons
tuition adopted the then existing Supreme Court
unued. general jurisdiction and equity. The
law and the statutes of the Colony o. NewYok
also continued the laws Of the State fas they
In harmony with the Constitution. The Supreme
Court been dvcsted Of its legal authority and
jurisdiction but has been preserved as Independent
trnch Of the State Government Ability enforc its
wful mandates is essential element of its powers and
duties The right TO punish for neglect contempt OF It's
process is the only effective weapon by which the force
and authority Of the court be appropriately manifested
and maintained.
The has tcen invested with jurisdiction
over Of punishment for contempt OF and IL il
Of vital I'M the independence Of the judiciary
the freedom end liberties OF the people that he should
not he authorized exercise clcmency in any
with the custody Of persons under punishment
indifference refusal to observe the mandates Of the
Supreme Court BY issuing. under his official seal, q
document purportng TO grant pardon 70 an Onondaga
County supervisor held under process Of contmps from
Supreme Court. The Governor has obviously committed
grave errOr lis action wholly void for lack Of
stitutOns legal authority, aud must be regarded as
son and unwsrranted etcmpt at Interference
with the powers duties OF coordinate branch Of the
State Government. Yours respectfully,
ALoNZO b. CORNELL
Speaking upon the subject referred to in his
letter Ex-Governor Cornell said tonight:
The Constitution says positively that Cover
nor shall have the power to pardon men only
after they have been convicted of any offence.
Was Supervisor Welsh ever convicted of any
oHence' Never lie was simply imprisoned for
contempt of court. Clearly the power of Cover
nor TO 81 pardon is limited power.
There are three branches of the State
Government, the Judiciary, the Executive, and
the Legislative, and they are al independent OF
each other The Supreme Court part of that
Judiciary was formed before the Constitution of
the State was adopted. The common law of Eng
land is recognized and adopted in Section Il
of Article l of the Constitution. All the powers
the Supreme Court th,n enjoyed of furnishing per
sons who disObcyed its orders were carried over
into the new Constitution of the State. Why, any
man can s,e that court is powcrleSS if It's man
dates can be safely ignored The mandate of the
Supreme Court dieobeyed by Supervisor
Welch, and disobeyed wilfully. Therefore ne was
Justly punished by the Supreme Court. l have
no doubt that Judge Kennedy will have Welch re-
arrested and then this question Of the Governors
power to pardon in cases Of contempt will go to
the Court of Appeals If the Court of Appeals
does not declare that the Supreme Court has the
power 70 imprison people when its mandates are
not obeyed. | shall be greatly aStonshed. Why,
Governor Hill himself in his article just published
in The North American Review says that the
power Of Governors to pardon is limited to the
pardon of persons after conviction"
Here Mr. Cornell read the following words with
which Mr. Hill begins his article in The North
American Review: The propriety of the ex-
ktence of some power 10 pardon persons con-
victcd of crime is recognized in every wel-regu-
lated government
There" said Mr. Cornell. "Mr Hill uses the
words convicted Of crime Was Welch convicted
Of crime? In the course of his article in the
Review, he also makes this highly interesting
stat mcnt
In the State Of New York It is provided in its Con-
sUtlon: The Governor shall have the power to grant
npreyes eommutaons and parOns after conviction for
all offences except and OF Impeachment upon
such conditions with such restrictions and limitations
- he may think proper subject 10 such regulations as
Hoy provided by law relative 70 the manner ot apply
ing for pardons.''
This authority upon It's face would seem to be more
esta ard beneficial than that conferred upon the ffes
ceht While cureTy perusal might ead to thas
careful examination, however, proves otherwise
wae II true that c1use comforting authority upon
the President not expressly mention eommutatoAs'
and silent upon TIE matter Of conditions rsteuohf
and limitations, which the Governor is expressly at liberty
u impose yet 5,e president has In fact the same
pover because il has adUdcated that the general
power Of pardon includes the lesser power oil oomhua'o
and carries with IL tie inpicd authority 10 m
pose any conditions which the President may desire to
npo.e The recital OF these TWO powers IN the New-foE
Constitution may now be- regarded unnecessary YER
bage Besides Governors power 20 pardon j.
restricted 10 cases "af:er conviction" "hHe the
PeSdents power, being general and unlimited may be
at any after the commission OF the offence
Mr Cornell smiled and then said You VIII
remark that Mr. Hill at the close Of these re
marks Of his uses the noteworthy words: Resides
The Governors power to pardon is restricted 10
eases after conviction, while the Presidents
power being general and unlimited, may be eN-
ercsed at any time after the commission oil the
osence' Here Mr.. Hill distinctly says that n
Governors power 10 pardon is restricted to cases
after conviction Further comment is needless
upon his act in pardoning Welch.'
In The journal" of this evening there also