The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-10-02
mOval.

NlI. ClaluICo UttoO oi'S WV -
Impeachment" as used in that section
meant Judgment under Impeachment
and that it was hot necessary to
, change the phraSeolOgv
MIR. Ragsdale agreed with Mr.. Ehrd.
Mr.. @. J. G. Hutson off, r. d atLamend-
ment to Mr.. Johnstone's amendment,
so as TO clarity the meaning of the Sec
ton.
Mr.. Johnstone asked that the section
be passed over for time. The request
was granted.
Section 10 was passed without com
ment.
), Mr. Rodgers propos. d to amend Sec
ton IL SO as to require the Governor
to have q T.. commentator from a ma,
iority nf the members Of the board OF
pardons te!orc IL could grant par
don.
Mr.. Efrd opposed the motion and
took the position that the Governor
should b. able t. act Independently of
the Recommendation of the board of
pardons. That the board of pardons
was only inteuded to relieve the Gov
ernor of Un.rOus duties in ordinary
cases, but in extraordinary cases the
Governor shoald be allowed to act as
he saw fit
MIR. Ragsdsle supported Mr.. Efird
in vigorous speech.
Mr.. Genre Johnst,ne offered the
corresponding clause in the present
Constitution as a substitute for the
whole section. He said that if the
Governor was responsible for all par.
dons he should not be numbered with
a board of pardoDs. on whose recon-
mendations he could act or not as he
chose.
Mr.. E6rd opposed Mr.. Johnstone's
motion. He called especial attention
to the fact that the section required
the Legislature to provide for proceed
ings under which the board of pardons
should act and he lad in mind spe-
cies of trial could be had. That the
present Constitution provided for no
such proceeding and that, as pardons
were now issued, more men were par
doned because the Governor did not
have sufficient information.
Mr.. B. R. Tillman, speaking from
experiences sud that the matter of
granting pardons had given him more
trouble than any other matter during
his Gubernatorial administrations,
and that he had no hesitation in say
ing that the board of pardons would
be of great relief to g Governor, and
he hoped the section would be.adopt-
ed unchanged.
Mr.. Sheppard agreed fully with Mr..
Tillman, and said that the power to
pardon should be taken away entirely
or he should be given some assistance
in getting correct information upon
every petition for pardon presented to
him. He moved to indefinitely post
pone the whole amendment.
Mr.. Johnstone in support of his mo-
ton said that he did not desire the
Governor to be relieved of any respon-
sibility in the matter of executing the
laws in mercy. That he did not favor
the formation of system which would
give those who opposed the granting
of pardon an opportunity to become
seekers after vengeance.
Upon the question of the indefinite
postponement of Mr.. Johnstone's mo-
ton being put the motion was indefi-
nitely postponed. Mr.. Rodgers mo-
ton was laid on the table.
The question was then on the adop-
ton of the section.
Mr.. Sheppard moved to amend by
making the Attorney General a mem
ber of the board OF pardons, instead OF
the Comptroller General. The motion
was lost.
Mr.. Smith, of Horny, sent up sub
stitute, leaving the matter of the for.
nation of the board of pardons to the
General Assembly.
At this point the discussion was ad-
iourned for the day.
When the Convention, yesterday,
resumed the consideration of the arti-
Gle on the executive department, the
pending question was on the amend
ment offered by MIR. Derham, as fol-
lows, the purport of which was to
leave the makeup of the proposed
board of pardons, and its powers to
the action of the General Assembly.
| Mr.. Derham, in supporting his
amendment, said there seemed to be
an assumption that the Governor is
worked to death while the other State
officers had nothing to do, and should
therefore be required to help him in
his work. AS matter of fact, the
State officers are harrassed to death by
their membership on boards. Mem
bers should remember that the action
taken here would be final. If the
General Assembly made a mistake in
composing the board itcould be easily
corrected. If experiments were to be
tried they should not be put in the
Constitution.
MIR. w. J. Montgomery offered a
substitute that the board of directors
of the State penitentiary constitute the
board of pardons, and proceeded to
speak in its favor.
Mr.. B. R. Tillman said the matter
of pardons affected men whose lives
are at stake and whose cases the board
would frequently be unable to consid-
er in time without special meetings
Mr.. Montgomery withdrew his substi-
tute.
Mr.. Derham's amendment was then
adopted, without debate, leaving the
section as follows:
"Sec. II. He shall have power to
grant reprieves, combinations and
pardons after convictions Except in
cases Of impeachment in such man
ner, on such terms and under such re-
strictions as he shall think, proper