The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1901-05-21
LYNCH LAW AND THE PARDONING
POWER,

law:
can unknown negro, thought to
be James Brown, who is charged
with assaulting Miss Della Garrett,
of Springfield, was shot and killed by
a number of white men near Leeds,
twelve miles from Birmingham, this
morning. The negro got off a South
ern train, and the men at the depot
noticing a resemblance TO Brown,
called on him to halt. The negro
ran and was riddled with bullets.
The ron called in the case is of
the opinion that the wrong man has
been killed."
Several times within the past year
have similar occurrences been re
ported. But the occasional murder
of innocent men is not the most pO-
tent evil of lynch law. It under
mines the very cornerstone of our
civilization, and is, as Justice Brewer
of the United States Supreme Court
has said, ''the n thing that will
postpone long the day when we shall
all live beneath the shadow of ma
jestic law, in peace and protect
ed against crime" But Justice
Brewer Gin the address published in
part in last weeks Progressive Far
mer) went a step further, as all that
denounce lynch law should, and
pointed out the conditions which fOs-
ter this particular form of lawless-
ness, namely, the dilatory tactics so
often resorted to in courts of justice
and the abuse of the ~pardOning
power by tender hearted executives.
These give the shadow of an excuse
for lynch law, and those who would
wipe out the evil should first destroy,
so far as possible, the excuse which
it's advocates use to shield them
selves. In this State both the pres
ent governor and his predecessor
have been severely criticized for al
legged abuse of the ~pardoning power.
The motives of neither deserve criti-
cism, but, however good their inten-
tiOns, the tendency is, we believe, a
dangerous one. Nor are we CON
WINGED, though we are touched, by
this defense of their conduct by the
editor of the Morganton Herald:
"The papers are having too much
to saT, we think, about the pardOns
issued by our Governor Aycock.
This paper never intends to join in
abuse of a man because he is merci-
full. As Bob Taylor told Sam Jones,
but for the mercy of God, we would
all be lost. We never blamed Rus
sell for his pardons we do not blame
AycOck. We honor the man whose
soul is touched with human pity,
and whose ear is open TO a wOman's
prayers. When a petition comes,
b. the judge, jury, solicitor
and good men of the vicinage, the
governor ought to honor it when a
WIZ LhOE1IC1 VI SIOS |
at the governors feet for the free
of husband, o or father, he
to be excused for the exercise
of that mercy which makes us kin
God"
Beautifully said, and with the pur-
est of motives yet we are reminded
by Holy Writ that some "have a
zeal of God, but not according to
knowledge" Mercy is indeed a vir-
ture of the highest order of excel
Ience:
''It droppeth, as the gentle rain from
heaven,
Upon the place beneath it is twice
blessed
1t blesseth him that gives and him
that takes.
1t is an attribute of God himself
And earthly power doth then show
likest Gods
When mercy seasons Justice"
Because this is true, it should
nevertheless be borne in mind that
IN the case of any criminal the in
5erests of two parties are to be cor
sidered the criminal and the COM
nunity. Where mercy can be given
criminal without injustice to the
community, the pard oning power
should be exercised. But in many
cases the pardon issued to the crimi-
nal means mercy to one man., but
injustice to the community,
composed of thousands of men. To
free an imprisoned mad dog and
turn him loose upon the village
streets might be regarded by some