Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-02-19
CRIME AND CLEMENCY.

The pardoning power is a usual attrl-
butte OF the Executive Office, but in seve-
raj States Of this Union it has been found
necessary TO give the governors hep id
passing upon the applications that are
presented for clemency.
With all Of the facilities which this
country affords for religious and secular
instruction. crime continues 10 increase 1t
NAV be so the world over Cor augnt we
know 10 the contrary. though II fas been
asserted that of recent years the stalls
tics OF Great Britain make a different
showing However. the so-called increase
OF crime oueht not TO cause us TO become
TOO pessimistic. 1t is important TO rCnem-
Der that nowadays government Furnishes
many offences which in a primitive state
OF civilization were settled between nan
and man. or left unsettled. In the Hlon-
dixie region. for instance, thcre are Jew
law officers, courts, and prisons now. but
they will come along with increase OF
population and increase Of creature com
forts.
In Virginia. as in all other States
the prison population IS increasing. 1t
follows quite naturally that more appli-
cations for pardon are presented now
than formerly. And Of all the duties OF
the Executive office the consideration of
these cases is the most vexatious, labori-
Gus. and wearing. on one hand the Gov
errors sympathes are excited on behalf
OF the prisoners parents or wife and chill
dren on the other hand. he must take
care that the laws be faithfully CXccuted
and no bad precedent set.
The pardoning power has rarely been
misused in Virginia. our governors, as
n rule. have been very cautious and con-
servative. It has been their custom to
confer with the local authorities dhe trial
Judge or the Commonwealth attorneys
sometimes both before acting. Il is rare
that the advice OF the local authorities
is overruled But the pardoning power
was vested in the Executive TO enable
him to give relief where 1t is mciited;
even If the local authorities do not take
the same view Of the case that he does
We should dislike 10 see this power
taken from the Executive. Help he sure
~ should have in decidiag pardon cases,
but we are not yet ready 10 say mat the
power ought 10 be taken from him and
conferred upon board which could ever
,ule him. OF course. no such change could
be made without a constitutional amend
ment: but even if the Legislature were
clothed with fun power TO act IN the
premises we do not believe it would be
wise 10 MAKE such a radical change
II has been said that an advisory board
would not give the Executive any real re-
lief; that the worry and responsibility
would still rest upon his shoulders. we
dissent from that view of the case. In
The first place. In an advisory board the
Governor would have skilful and respon-
sible help in examining the papers in each
case. In the next place. ne would have
help Of men sworn TO give advice INDY.
oh. yes: an advisory board would lee Of
great assistance Then the Governor
would mt have TO spend as much time az
he does now I'm porting over the peuion-
ers' papers. and he would find great re-
lief of mind in dividing with Others re-
sponsibinty for favorable or untavorable
action.
yirginia's conditional pardon system Is
yet in its experimental stage but We be-
lieve Tue. public IS well satisfied with its
operations, and there is hardly any doubt
that 1t has stimulated the conyicts TO OBJ
serve the prison rules more strictly. In
setting the machinery Of this system Ia
motion a great amount OF work was de
yolved upon the penitentlary clerks. the
Board OF Directors, and the Governor
But this rush" is now over, and we sup
pose applications will come in gradually
hereafter. In the coming years the Cow
ernor Of the State may find his duties
ightened by this system.
The custom t. for the board first 70 es-
anime the petitioners prison record, and
II that be satisfactory. and the person
has served out one-half Of his or her
term. the papers are then referred to the
trial Judge. or the Commonwealth's At
torney. for his comment thereon. Then
the board considers whether II will re-
fommend. or reject the petition. In the
Former event all the papers In the case
Iare forwarded to the Governor. Probably.
out Of abundant caution. the EAtislature
would decree that these applications
should take the same course as all others
and 80 before the Advisory Board, II
created.
II II well for all these matters to be
>'-~-sssd now. Tho general subject is