The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, 1899-06-07
TIE PARDoNING POWER.

PARDON OF Mf. =. =. GUNNER, VIZ WOulu
say that at this time when the form
Of the Governor lies in the narrow
confines of the grave and bis ears are
deaf alike to the plaudits of his
friends and the condemnation of his
enemies, it is a self evident act of
injustice to impute wrong motives to
him in the pardon Of Summers.
Justice" seems to thinktba because
a petit jury has decided adversely to
q defendant in a cause at law that
the Governor should not act when
the case is properly brought before
him asking for Executive ~clemency.
He virtually admits that The ends of
justice could be better subserved by
the Governor turning a deaf ear to
every suppliant and shut his eyes to
the demand. of justice; or else be
forced TO acknowledge that it were
better that one hundred men should
suffer rather than one should escape,
no matter how mitigating the Cir
c,mstances or how strong the de-
mands of justice the cases of the ninety
and nine represent. W. submit that
acareful reading of the article Justice
will admit of no other legitimate con
clusion.
Ii was indeed a wise provision of
the trainers of our organic law, both
State and Federal, in clothing the
Chief Magistrate with the power to
review, reduce or set aside the find
ing and sentence of the Court of Ses-
sions.
No, we are not "stronglingly in
clined to Mr.. Summer" Our only
inclination was that he should receive
that mercy which the circumstances
surrounding his case demanded and
justice would warrant.
If Summer was guilty of man
slaughter, and so adjuged," does it
not strike a reasonable mind that a
life time sentence in the penitentiary
was unusual, unjust and wrong? and,
if on the other hand, he was con-
victed Of murder with a recommen-
dalton to mercy, might there not
have been some mitigating cireum~
stances which would make such a
sentence unjust! The law fixes the
penalty and the Judge only has to
pronouce the sentence laid down on
the statute, and while doing so, he
may be conscious of the fact that he
is doing the prisoner an injustice.
In cases like these what is to be
done9 Letthe condemned languish in
prison while justice stands b%lindfolded
bound hand and foot in the meshes
of red tape, powerless to loosen the
letters which we're bound at her
bidding! To meet such emergencies
was the Governor clothed with the
pardoning power-that 'justice may
be done and the majesty of the law
indicated" A person may be, in the
eyes ofths law, guilty of crime and at
the sametime be morally innocent,
orrather ~justi6able. To meet the de-
mands of the one were the courts in
stituted which are governed en-
tirely by the law and evidence, and
t. do exact justice the Governor is
invested with such powers, as he
can 60 outside the law and evidence,
as it were, and consider circumstances,
proVocation or any other matter
which may be laid before him tend
ing to mitigate the crime. The one
Is controlled by mandatory func
tons; the other by entirely discretion
ary powers. To illustrate, the law
presumes every IN innocent until
he is proven guilty by a jury Of his
peers, and at the same time it sets
in motion allthe machiney ofa power
full State to encompass his convi, t N.
With a Judge of its own selection;
a prosecuting attorney to conduct its
case before a jary of its own choos.
ing. Then to temper mercy with
law it allows the Governor to hear
facts prohibited to be brought out
during the progress of trial, and in
exercising his discretion he should be
no more censured than the court
would be for convicting.
Now. if the Governor is not to be
Influenced by the prayers, petitions
if you please, of the people, prithee
what is to move him to mercy? Ger
tainly not the law, for it has already
condemned and is now powerless
toshow mercy.
Now, if the Governor was fully
persuaded from the documents sub
mitted, which he evidently did, that
the suppliant was a fit subject for
Executive clemency, then to withhold
that clemency would be doing an in