Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-12-02
ES&y2


and has granted COM
mutations in seventeen cases. His first
act of official forgiveness was issued March
II last. in favor of man who had been
sentenced for cruelty to a seaman. The
convict was in danger of losing his sight,
and while in prison could not get the spe-
cial medical treatment needed. SO he was
let go. The next appeal considered was
that of a man killer, whose doom was
changed from hanging to Imprisonment
for life. Since then Mr.. Cleveland has
freed two other supposed murderers-one
having served already sixteen years. and
the other by reason OF new evidence which
made his guilt doubtful.
Up to Mr.. Clevelands first term the par
doning power employed by the chief eXecu-
tive was a mere matter Of red tape. Papers
begging for clemency came to the White
House from the office of the Attorney Gen
eral and were laid upon the desk of the
Presidents private secretary. II they were
favorably Endorsed by the Attorney Gen
eral, the private secretary wrote upon them
the words, Approved by the President"
and sent them back to the department of
justice. A pardon was then duly made out
in behalf of the person interested, and was
returned to the Executive Mansion. The
private secretary submitted IT to the Presi-
dent, who-learning of the application then
for the first Unassigned il as a matter OF
course. Mr.. Cleveland upset that method
OF doing business at once on entering the
White House nearly nine years ago. he
demanded a full knowledge of the docu-
mentS in every case, and insisted on exer-
cising his prerogative of deciding for him
self in each instance. independently of the
opinion of the Attorney General or any
body else. Though the papers are often
Voluminous, comprising an abstract of ali
testimony at the trial, reports. letters, &C,
he goes over every one of them conscien-
ciously, often sitting up late at night for
the purpose. President Harrison followed
his example. and future chief magistrates
will doubtless obey the precedent thus es-
tablished.
Investigating the Cases.
The most frequent forms of crime for
which pardons are asked are counterfeit
ing and stealing from the mails. Appeals
in such cases. however. usually fail. Mr..
Clevelands Endorsement on an application
recently made by a jailbird convicted of
making false money reads simply: Denied.
Counterfeiting must be suppressed" On
the papers submitted in behalf of a man
sentenced for stealing letters from the
mails this Endorsement again reads: De
Eied. Onenses of this kind are far too COM
mon, and the public good, in my opinion,
demands severity. Using the post for
fraudulent purposes is fault seldom con-
doned. A mail robbers recent petition for
release from prison is Endorsed with the
words: denied. Such crimes are becoming
alarmingly frequent" In another case I'M
favoraby decided the Endorsement reads:
shooting at revenue otncers must be dis
Outraged
Now, this practice of giving reasons for
"A narQon likewise
original with Mr.. Cleveland. he nearly al
ways states them.
Entire frankness characterizes the Presi-
dents Endorsements on such aDplica tons.
On an applicants made by one j. A. Les
ter of Virginia he writes: Il do not un-
derstand the trading and dickering attempt
ed in this case When the officers Of the
court determine whether thew have con-
victed the prisoner or have made a con-
tract with him. it will be time enough to
consider the question of executive inter-
ference"
Sympathy has great influence with Mr..
Cleveland in deciding applications for
pardons. He has let many bad egg out
Of Jail for the sake of wife and children
lacking bread and needing the earnings of
the husband and father for their support.
One recent Endorsement reads: This act
of clemency is based entirely on pity for
the convicts mother" Ike Mason. alias
whisky Jack" confined in the peniten-
tiary al Detroit for larceny. was released the
other day because he was in the last stages
of consumption. On October 81 last bank
embezzler was liberated for no other rea-
son than that his sight required an opera
ton which could not very well succeed in
prison.
Limitations of His Power.
The President has power to pardon only
offenders against United States laws-such
as mail thieves. counterfeiters. Illicit dis
tillers and embezzlers from national banks.
His jurisdiction includes all crimes COM
mitted on government reservations. A muir
der perpetrated in any post Office or other
federal building comes under this head.
In the District of Columbia any sort of
transgression is punishable by the federal
laws. though it is only the stealing of
peck of potatoes. person sentenced for
assault or drunkenness may appeal to Mr..
Cleveland for clemency.
There are now about 100 individuals
sentenced for violations of the laws of the
United States scattered about in forty odd
penitentiaries in various parts of the coun-
try. The government sadly needs more
prisons. 1t owns al present only five penal
establishments-two penitentiaries in Wash
ington state and Utah, and tails at WASH
ington city, Portsmouth Ark. and Sitka,
Alaska. Besides these it rents a few jails
in Indian territory and Oklahoma territory.
The institutions mentioned being INSULT
cient, Uncle Sam is Obliged to make use of
those belonging to the states. A bill was
passed by the last Congress establishing
three federal prisons big enough to accom-
modate 1,5OO guests but the necessary
clause appropriating money to build them
was omitted from the law bv accident.
Any United States convict NAV apply for
pardon. He need only write a letter to
the President or to the Attorney General,
or get somebody else to do il for him. The
communication does not have to be in any
legal form. Whatever its shape. 1t is sure
to obtain just and careful consideration. II
addressed to the President II is referred
without examination to the Attorney Cen
eral. The latter official hands Ii over ~
the pardon clerk of the Department of JUS
tice who forwards IL to the United States
attorney in the district where the applicant
was tried and sentenced. together with a
letter instructing that officer to make a re-
port. giving the facts in the case and his
opinion to whether cemencv should be
granted or not. The district attorney is
also directed to get a written opinion on
the same question from the Judge who acted
at the trial.
All the papers then come back to the De-
partment of Justice at Washington II the
attorney and judge report unfavorably the
petitioner is so informed. In such case
the appeal is usually abandoned as hope
less: but, If the applicant so wishes, IL is
forwarded to the President with an adverse
recommendation by the ATTORNEY General.
On the other hand if the district attorneys
report and the opinion of the Judge are ia
vorable, the pardon clerk makes brief alb
stracts of all the papers and hands them
over to the Attorney General. The latter
indorses them approvingly. If he sees fit
and they go to Mr.. Cleveland. That is 10
say, they are placed by messenger on the