The Lamar register., 1897-06-12

being led from the dock by the jailers
he called out: Yer can't do It'll tell
yer, We can't do it, Sir James. who
was at that time in perfect mental and
physical health was so much struck
by the remark that. very much to his
credit, he had the prisoner brought
back and asked him what he meant.
The convict explained that the punish
ment for his offense was a shorter
term than the judge had awarded him.
Sir James. on looking up the law.
found that the prisoner was right and
amended on the spot the decree which
he had issued. diminishing the term
OF penal seryitude by no less than
three years. But had he not done SO,
had he not consented of his own ac
cord TO modify the sentence before the
court rose. no power on earth could
have saved the man from suffering the
full term OF the original sentence
unless. OF course. the home secretary.
in the name Of the queen. had granted
the man pardon,
Now the home secretary. in the ma
jority OF cases. is not a lawyer by pro-
fession Moreover. he is obviously
susceptible to the political influence OF
the party which looks upon him as
one of It's leaders in parliament. Yet
IL is upon him. as matters now stand,
that the responsibility rests Of repair
Ing any judicial error by the unusual
means Of a queens pardon Indeed.
he Is possessed Of no legal knowledge
and. moreover, exercises the right OF
granting the crowns pardons not
through any constitutional preroga-
tive but merely by modern usage, the
state OF affairs is extremely unsatisfac-
tory. II Is only since the beginning of
the present reign that the duty of de-
Gliding upon the merits Of the cases
worthy OF royal pardon has been left
In the hands Of the secretary OF state
for the home department
Before Queen Victoria came TO the
throne this preroEative was exercised
exclusively by the sovereign. who like
wise signed all the death warrants OF
criminals. the home secretary merely
acting in an advisory and secretarial
capacity. seeing that the monarch :
orders were carried into effect
But when Victoria succeeded to IN
was felt that Il would be unjust to ask
90 young and Innocent a mind TO as
sumo the responsibility OF sending TO
or holding from the gaIlows criminals
convicted OF capital ofIenses. Accord
lngiy C WIS resolved In council that
the secretary o. state for the home de
partment should take charge OF the
matter himself and should sign the
warrant ia the queens name without
consulting her or taking her wishes
upon the subiest II was In this way
that the queen and the British mon
archy lost forever that constitutional
preroEative Of mercy and pardon
which has always been regarded as the
most priceless jewel In the crowns Of
the old world monarehs. and It Is
doubtful whether today, with the
growth OF Democratic sentiment 10
England. the sovereign would be al
lowed TO reaSsume possession thereof
For. with the popular theory that IL
Is the people. rather than the monarch
who are really sovereign. It stands 20
reason that parliament prefers TO see
the power OF pardon vested in the
hands OF one Of its members who holds
his once as home secretary. subject 10
It's votes. and who can. therefore, be
held TO strict account. rather than Ia
those Of the queen, who cannot be
asked to explain her motive. and who
is snswerable TO no one but to her own
conscience.