The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-12-20
WATKINS NOT GOVERNOR
Ex-Attorney General Stock
ton Attacks His Title in
Arguing Clifford
Case.
SAMUEL 4. GREY DEFENDS HIS TITLE
He Practically Admits Uncon-
stitutionality Of Death
Warrant Murderer
May Be Resentenced.
SAMUEL 4. GREY DEFENDS HIS TITLE

Especial to The Jersey city News.''1
TRENTON, Dec. 20, 1S9S.-The argument
in the latest attempt to save Edward
Clifford from the gallows was continued
after recess yesterday. Ex-Attorney Gem
eral John p. Stockton replied to Attorney
General Grey. He argued that the time
for the execution of the sentence of the
Court having passed, Clifford must be
taken before the Court again to have a
new day set for the execution of the sem
tence.
This is a judicial act. A reprieve is
a taking back of the sentence as the
word means. This, too, is a judicial act.
The limited power of the Governor is
merely a power to stay the execution of
the sentence. The Court alone can .lame
another day, except as provided in the
express permission to the Governor to
stay sentence for ninety days after con-
viction for a period extending not more
than ninety days from the date of convic-
ton, conviction" being counted from the
time of sentence. The Executive mas no
power to reprieve or TO sign a death war
rant after the expiration of the ninety
days. The Executive has no power over
life or limb. That has been vested in the
courts, and the courts have never surren-
dered that power. In this case Clifford
was reprieved by Mr., Voorhees, 519 days
after he had been sentenced by the Hud-
son County Court. He exceeded his au-
thority to reprieve in the teeth of the law,
and Nj. Watkins, claiming to act as Gov
ernor. signed a death warrant, which can
only be lone after a reprieve and within
the ninety days.
There are grave doubts as to the
constitutionality of the act, in that it
oyerrides the constitutional provision
limiting the power of the Governor to
ninety days, but, at any rate, Clifford
was never legally reprieved, and Wat
kins, ever if he was Governor, had nc
Jurisdiction to name a day, but Clifford
should be taken again before the Court,
Mr.. Stockton said that the points en-
braced under the allegation that the war;
rant was defective in form all depended
upon the present status of things in this
State. The Constitution recognizes only
two ~persons-the Governor and the per-
son who administers the government.
and the latter, he contended, existed only
under two circumstances. the impeach-
ment of the Governor or his temporary
~incapacity. In all cases of succession in
case of a vacancy the person upon whom
the office devolved became Governor, the
Constitution recognizing no such person
as Acting Governor.
Mr.. Stockton then attacked the validity
of the death warrant on the ground that.
it was issued by David o.. Watkins, and
commended h a Foster M. Voorhees, Is
stiIl the Governor Of New Jersey under
the Constitution, and entitled to admin
lister the government, and is alone au-
thorized by the statute to issue a death
warrant. He said
1.-The clause of the Constitution which
provides for the succession is in these
words:-sIn case OF the death, resignation
or removal from Office of the Governor,
the powers, duties and emoluments of the
office shall devolye upon the President
of the Senate, and in case Of his death,
resignation or removal, then upon the
Speaker of the House of Assembly for
the time being until another Governor
shall be elected and qualified Governor
Griggs resigned his position of Governor
and it was on account of that resignation
that the powers, duties and ernoluments
devolved upon the President of the SEN
ate, who was Foster NJ. Voorhees,, and
the clause provides that he shall hold the
position until another Governor shall be
elected and qualified. The words be-
tween Senate and until are paren-
thet.cal, ard only refer to shall
happen in case Of the death, resignation
or remoyal Of the President of the SEN
ate. Neither of these events has oe-
curred-Voorhees is neither dead, nor has
he resigned or removed.
1T is true that he has resigned his
position as Senator, and ar argument is
built upon this resignation; that he would.
cease to be President of the Senate when
he ceased to be Senator and that when he
ceased TO be President OF the Senate he
would cease to be Governor, but this is
not what the Constitution says. It is
only in case Of his death. resignation or.
removal. and this is not his death. resig-
nation or removal as Senator or as Presi-
dent of the Senate. because it is express
~ provided thai it is the death, resigna-
ton or removal of the person on whom
the succession devolves, and in that case
alone thai the Speaker of the House for
the time being becomes Governor. The
words president OF the Senate, are de-
seriptive of the person who is TO become
Governor. or administer the government,
and when the succession devolves upon
him, he is no longer President of the Sen
ate nor will his resignation in that ca
pacity IN any way affect or limit the term
for which the Constitution expressly de-
clares he shall serve until another Gov
ernor shall be elected
THE Constitution expressly prohibits
the person administering the government
from acting as President of the Senate.
The approval OF bills as Governor; the
sending of veto messages: acting as
Judge of the court Of Pardons. without
whose vote no pardon car be granted;
acting as Comrnander-in-Chi III fact