Semi-weekly interior journal. [volume] (Stanford, Ky.) 1881-1905, 1897-02-26
Bobbitt on the PdrdOning
Power.
10 the Editor Ct The ISrrnroR Journal.

Much has been justly said about the
too free use Of the pardoning power by
the last four governors OF Kentucky
and the mob spirit engendered thereby,
and the pernicious consequences re-
sulting from such abuse. will admit
that such abuse has been perfect Pan
dora'ssbox out of which lnnumerable
evils have flown and scattered them
selves like Canadian thistles all over
the land. The pardoning power was
Incorporated into the United States
and State constitutions for humane and
landable purposes; not for the purpose
OF turning loose upon society blood
stained murderers and lawless, incor-
rigible criminals, and even the unedu-
Gated portion of mankind seem TO
know this-hence the mob violence so
often resorted To, when Justice has been
thwarted or il about To be defrauded OF
her just rights.
The pardoning power, both under the
English constitution and our own, was
intended TO be wisely, sparirgly and
prudently exercised, TO relieve against
hardship. II sometimes happens,
though seldom, that a man charged
with crime comes within the letter,
but not the spirit Of the law and Is con-
victed when perhaps he should not
have been, or perhaps he was convicted
upon perjurcd testimony, or through
some error, or mistake discovered after
conviction. In all such cases the par
doning power should be interposed by
executive clcmcncy. But when you at
tend the courts for three decades you
will find that petit juries are far too
lenient and acquit many guilty wretch
that ought To have been hung, or sent
him to crowd the penitentiary until
some over-humane governor thinks he
knows more about the case than the
circuit Judge and jury that tried the
convict and turns him loose upon socie-
" to slay some other good citizen. It's
80 seldom, that you may call IL never,
that AN innocent man Is convicted,
Nullt AflOiraAibT w NAiNs ~ WV a'''
uncouvicted, unpublished
And then men wonder at the prevail
ence and increase Of crime. Black
stone says 1t is not the severity but The
certainty OF punishment that prevents
crimes. But desire To say this much
for Gov. Bradley, he has not pardoncd
half as many conyicts as the great hui
mantarian, Luke Il. Blackburn, not
half So many N the great Simon Boli-
var Buckner, not half so many a. his
immediate predecessor John Young
Brown But they all pardon too many.
No convict should be pardonod unless
IL be ascertained that he is innocent, or
has such strong mitigating circumstan-
ces in his case that had they been
known TO the trial jury he would never
have been convicted, or IL he should be
in such extremity from consumption
that he would be sure 10 die when he
got home, pardon him out and let him
20 home To die among his friends and
be buried by them and the State will
not be burdened with the expense OF
his interment. Give him reasonable
time in which To die, say 30 days and
three days Of grace on that. because
Blackstone says 1t is unbecoming free
man to do anything the very time he Is
commanded 10 do it. Then If he can
not die of the disease he went home
AL l., 4 4, tpxin.v nnn than the
State and society are rid of him. But
II he wont die or can't die in the time
limited send him back to the peniten-
tiary, and even If he is a life convict,
double his time.
IT'S the remark made 10y Gov. Brad
ley, when he pardoned the nine-year-
old Negro boy that | censure him se-
verely for. The Imprisonment of this
boy is disgrace To Christianity. He
is granted "a pardon What censure
upon the circuit courts, the Common
wealth's attorneys and iuries of this
Commonwealth What encourage
ment 10 crime everywhere And this
too emanating from a man in regard To
whom Capt. VIM. Herndon, a brother
republican, said in law speech before
jury, that ''if Bradley were TO walk
down the aisle of church in Lancas-
ter, the town where he resides, he
would create such excitement and sem |
sation among the congregation that he |
could be indicted for disturbing relig-
ious worship"
Blackstone says one boy of ii may
have as much Judgment and sense as an-
other Of l3 and that it is attended with |
dangerous and pernicious consequences
to inculcate the idea that children can
commit crimes with impunity and that
MALTA supplet aetatem.
FoNTAINEF. BoBBITT.
IL ia said that Gov. Bradley has or