New-York tribune., 1907-10-11
RIGHT OF CLEMENCY.
Hep"blican Rulers More Free to Use
1t than NOnarchs.

1t than MOnarchs.
CHIEF magistrates OF republics and gov
srnors Of American states have IN some particulars
q greater amount Of power vested in their hands
than foreign emperors and kings. This is especial
lv the case IN connection with the nomnally royal
prerogative OF clemency. The Presidents of the
French Republic and of the United States. as well
as the governors OF the states of the Union
are entirely free from any restriction in the exer-
else Of their right of pardon. No matter how guilty
q criminal and how powerful the reasons which
have led the various tribunals TO sentence him.
after due trial and conviction by jury to long term
of penal servitude to death. the President the
Governor 10 free to restore him TO immediate lib
erty and 10 remit the punishment. There is moth
ing in fact, 10 prevent the grant Of pardon from
being dictated by a mere caprice.
In most of the monarchical countries of Europe
however the sovereign is unable to grant pardon
or even commute a death sentence, without the
sanction of his minister's who are responsible to
Parliament for his exercise of clemency King
Louis Philippe illustrated this condition of affairs
on one occasion when Victor Vhgo appeared TO en-
treat him 10 commute the penalty OF a criminal who
had been sentenced to death I will gladly grant the
cJenency which you ask for. far as 1 am con-
oerned" he exclaimed 10 the poet but | must
ro+ SET 10 work obtain it from my ministers
Even in the second and third decades of the last
century when cOnstitutonalism was far less now
erfrl than to-day and when parlaments had much
less voice in the administration Of the government
prevented by fbei
ministers from the exercise Of cemency and il is
known that King Louis XVIII would have com
rnuted the capital sentences of several of Ma
poeon's generals after the battle of Waterloo had
il not been for the bitter opposition of his min
isters.
King Alfonso on Good Friday each wear during
the divine service commutes the sentences of sew
eraI prisoners condemned to death, but il is al
ways with the sanction OF his minister's whose sig
natures are required to the document in addition
10 that OF the monarch in order TO render il valid
But President Fallieres when he commuted the
death sentence Of the ignoble SoIeinand who had
killed little girl under the most atrocious circtAn-
stances acted OF his own free will and was not
obliged 10 consult any Of his ministers He com
nluted the sentence not because the murderer
nsrited any ciemency, but solely and entirely be-
cause he, the President, before being elected to
his present Office and while still Senator had
professed himself in favor OF the abolition of the
death penalty during the course of an academic
discussion about the matter. He took the ground
that he would be charged with inconsistency if he
cid President live up to the opinion which
he had expressed in a more or less private ca
pacty, and sooner than expose himself to an ac-
cusation Of this kind he took upon himself 10 com
mute and rob OF its severity a sentence pro-
nounced upon Soeilland by the tribunals after
careful trial. conviction by a jury and confirmation
Of the decree by the highest courts OF the land
Such q thing would be possible here in America
but not in most Of the monarchical countries of
Europe; not even in Germany, Austria or Great
Britain.
In England the sovereign has theoretically three
kinds Of pardons at his Disposal. none Of which.
however, can be exercised without the cooperation
and sanction Of of his secretaries of state,
usually the Secretary of State for the Home De-
psrtaent- There is the pardon of right the pardon
Of grace and the pardon by act of Parliament.
The pardon Of right is restricted exclusively 20
those who are held to have committed justihable
homicide The pardon of grace is used for those
who have been convicted rightfully wrongfully.
Both these pardons are the sign manual Of
the sovereign, to whom these documents
submitted for approval, though they never went
further than the Secretary CT State for the Home
Department during the reign Of Queen Victoria
The pardon by act Of Parliament is the most COM
plete and full pardon that can be granted 20 a
wrorgfully convicted prisoner. It originates with
TIE sovereign and IS then. read IN both houses.
in the case of ordinary measures brought before
the national Legislature. Once. and once only.
read 81 each House, the members Being uncovered
the while Then It receives the royal assent forth
with and becomes pardon by ect OF Parliament.
The last pardon by act Of legislature that
recall IS that granted 70 Admiral The T-ar IF Dun
donald who while still Lord Cochrane was wrong
fully convicted Of conspiracy IN connection with
Stock Exchange frauds. This the Lord Coch-
rane who played so prominent a role naval
commander IN the liberation OF Chilli and Peru
from Spanish rule, assisted them 10 procure their
tn5ependence and who afterward commanded the
navy CT Greece in her struggle for freedom from
Turkey. He was the grandfather of the present
Earl Of Dundonald. who formerly commanded the
militia forces Of Canada