The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1902-02-25
Is the Governor invested with
That Power?
COURT SAY HE HAS POWER
A Dict1m OF the North Carolina Sup.
rene Court to That Effect.
FEDERAL AND STATE CONSTITUTION ALIKE
II Has Been Held That the President Has
Power 10 Pardon Persons Punished
Of Contempt by Federal
Judges.

Judges.
Governor has the power to pardon foI
This paper has quoted the opinion OF
"a leading lawyer to the effect that the
Governor has no power to pardon Tor con
tempt, citing the opinion OF Governor
ercise such power. The question is OF
Importance. and we give below the opln-
ion of another heading lawyer who
gives his reasons for believing that the
oGvernor has the power 10 pardon fol
THE GOVERNOR CAN PARDON.
When the question as to the power OF
the Governor to grant a ieprieve or &c
pardon a prisoner, convicted of contempt
OF court. was presented by the applica-
lion Of Gorham, the opinion, 10 a large
extent. prevailed among the members Of
The bar tina the Governor had no power
in .he case.
Several eminent lawyers so expressed
themselves, through the press. The
question appeared to be one Of first i'm
preston in this State, although upon In
vestigation it appears that it has been
considered and determined, at least, by
. dictum of the Supreme Court.
The Federal and the courts OF severa.
other States of the Union have passed upof
and recognized the existence of the pow
Ell. The question has been considered by
several of the Attorneys General OF the
United States and decided by them in ia
vor of the existence of the power. II
may not be embarrassing to notice the
language of some Of the judges in dis
GUESSING the question.
The President Of the United States Is
by article 2, section 2 Of the Constitution
invested with power TO grant reprieves
and pardons for offences against The
United States except in cases of impeach-
ment.
The Circuit Court OF the United States
III re William Muller VS.. Blatch, page
%, held that the power to pardon il
cases of contempt was by this article o.
the Constitution conferred upon the Pres.
ident. Judge Blatchford. delivering tht
opinion. says:
Mr.. Attorney General, Mr.. Gilpin, G
Opinion of Attorneys Generals 622), de-
cided that the pardoning power extended
TO such a case. and hat the contempt
was an offense within the language Of The
provision of the Constitution. I fully
concur in that view"
Mr. Attorney General Nelson. in 1874
thus concludes an opinion upon the ques-
lion: The pardoning power clearly EN-
braces the case"
The Supreme Court OF Louisiana g.
La. Ann. page 121) in discussing thu
question saws:
The next inquiry is has the Governor
the prerogatiye of pardon in cases of con
Viction and punishment of contempt O.
authority OF a court. The investigation
which we have been able to make of this
question does not satisfy US that thu
chief executive officer or the State i
without power TO extend pardon to a par.
~ convicted ana punished for a contempt
OF court. We find nothing in the Consti-
tuition of the State which makes an ex-
ccptlon III such cases. the Presiden,
OF the United States is clothed with tn,
power to grant pardons, in cases where
ludges of the United States Courts pun
Ism Tor contempt, is clearly settled
There being no exception In our State
Constitution ~precluding in such cases tn.
exercise OF the pardoning p~rerogative BY
the Governor OF the State we feel no hest.
fancy in recognizing its existence. &
n contempt of court is an offense asains,
the State and not an oifensc against the
Judge personally. In such a case the
STATE is the offended party and it belongs
10 the state, acting through another de-
pdrtment of it's government. to pardon
or not TO pardon. at It's discretion, the
offense."
The High Court of Errors and Appeals
or mississippi, in ex parte Hickey, says:
lbc whole doctrine of contemEt goes
30 the point that the offense is 4 wrong
lf the public, not TO the person of tho
functionary 20 whom it is offered merely
as an individual. 1t follows then that
'ont"mpts are either erin x Or misdp-
mcanors in proportion to he a~syra.,tio,
G. tie offenss. AND as such are included
WITT IN the pardori II power CT the state"
Mr.. Rapolje, IN his book on Contemi,ss,
citing these authorities, treats tho uues-
ton as a~ettled-Lea 162.
The Supreme Court of this State in the
ease OF Herring vs.. Pugh 126-852, speaking
or the mode of relief open TO the parties
convicted OF contempt, says:
can afford them no relief b,, r,,st
sustain the order of His Honor judge
bryan for the reasons given in this opiu-
ION. yet it may be that relief might lie
sought successfully through another
source, executive clemency. for under IN.
provisions Of the Constitution of ,ha
state, article III, section 6. such power
IS given 10 the Governor. A contempt OF
eohlt is an o1fenSe against the State and
not against the judge personally. The
CONSTITUTION OF the United States, article
II, section :, invests the President of the.
ehltcd states with the same powers AZ
10 oifenses against the United States
WIN the same exception or in cases of
impeachment Exparte Muller. Z BIatch %
ihe same power has been exercised by
me Governor of other States" citing the
above named cases.
II would sem that in the light Of this
adjudication that there is no doubt Of
me constitutional power of the Governor
10 lnterpese in such "a ses. ard thai with
OUT regard TO the merits of the case.
governor Aycock has full power to act