The log cabin Democrat. [volume] (Conway, Ark.) 1901-1982, 1909-02-04
THE PARDONING POWER.


rantly abused as has the pardoning
power of the chief executive OF
Arkansas during the past eight
years.
The power of the governor to
grant pardons, while unlimited in
its constitutional scope, was intend
ed to prevent grave entertainments
of the judiciary upon the liberties of
the people. 1t was granted to the
governor by the people through
their state constitution simply as
one of the many checks and
balances to preserve the integri-
ty and independence of the three
great arms of government-execu-
tive, judicial and legislative.
The only other cases in which the
power should be invoked are those
rare instances where the law has
technically been violated and
conviction is inevitable, yet there
Is no real guilt upon the part of
the defendant. With everything
in his favor-the right OF counsel,
of trial by jury, of pre- emptory
challenges for jurors, of appeal
with the burden of proof upon the
state-there is scarcely chance
that an innocent man may be con-
victed. 1t is possible, yet such
cases probably would not occur
more than twice or three times dur
ing a governors term. This, in
deed, is the greatest extent to which
the pardoning power is exercised
by the governors of many states.
Yet during the terms of Govern
ors Davis and Pindall thousands of
pardons have been granted. In
probably not more thai one in a
hundred of these cases was there
any such grave miscarriage OF JUS
tice as to make it necessary for the
executive to interfere with the de-
cree of the courts. The other
ninety nine per cent of the pardons
were doubtless prompted either by
a foolish sentiment of sympathy
for the law breaker or by other
motives infinitely worse.
An instance of the effect of
wholesale pardoning is seen il an
article recently published in the
Fayetteville Sentinel. The facts
themselves as here recited argue
so strongly against the abuse of
the pardon that we reproduce the
article in full. At the same time
it will furnish a reason for congrat
ulation that the state now has
goyernor who has already given
every evidence that this great pow
er will not he wrongfully used in
his hands. The article follows:
"In answer to a letter from Act
ing Governor X. o. Pindall to d.
B. Horsley, Prosecuting Attorney,
notifying him of the granting OF
reprieve for thirty days in order
that he could acquaint himself
with the facts in regard to the con-
viction of Robert Threet. convicted
at the last term of the Benton cir
cult court for manslaughter and
sentenced to four years in the pen
itentiary, Mr.. Horsley among 9th
er things stated to the governor as
follows:
During the three years that |
have been prosecuting attorney OF
this, the fourth judicial district,
eight men out of nine indicted and
prosecuted for homicide have been
convicted, FIVE for manslaughter
and three for murder in the second
degree. These convictions have
been secured after eleven trials at
enormous expense to the tax pay
ers CT this district. Each of these
men were convicted by a jury of
twelve men selected to hear the
case and determine the guilt or
innocence of the defendant. In
each case the defendant was ably
represented by counsel and given a