The interior journal. [volume] (Stanford, Ky.) 1905-1910, 1909-05-21
Bobbitt on the Pardoning Power,

IN'a'S anu ttpuDncans, anu one Oh tneH
the most intelligent colored man In
, Kentucky, to give my views upon the
question: "Can a Governor Of State
Pardon Fugitive From Justice ?" En-.
phatically. no. When one fees from
justice and withdraws himself from the
jurisdiction Of State and its courts
and refuses 10 render himself amenable
to the process Of the laws, and exiles
himself from the laws Of his State and
withdraws himself from the reach of
the sword Of justice, he has no right
to, and can not claim the interposition
Of executive clemency from the govern
or Of that State whose laws he has bro
ken, and from whose penalties he has
fled. God in His mercy will impsrt
grace and pardon to the humble peni-
tent who approaches the throne Of
Grace with contrite and broken heart
But God Almighty will not forgive the
stubborn heart. The wicked sinner may
flee from the wrath Of God and place
himself out Of the pale of mercy, but
he can not withdraw himself from the
punishment Of violated law
Our fathers in framing the organic
law Of this country. incorporated in the
constitution Of the United States this
section: "Fugitives from justice fee
ing from one State to another shall be
delivered up by the executive Of the
State TO which he has fed, on demand
of the executive authority Of the State
from which he fled. to be removed to
the State having jurisdiction of the
crime" This clause was inserted in
the constitution by our fore-fathers TO
prevent defeat Of the demands Of JUS
tice. Nor can the governor Of the
State 10 which the criminal has fled for
refuge. refuse or fail to surrender the
fugitive on any account without vio-
lation of the oath of office. which he
takes at his inauguration. 10 support
the constitution of the United States.
There is no palmer section in the con-
stitution than this. II any section Of
the constitution can be picked to pieces
then the whole four months work OF |
the wisest and best men on earth may
be picked to pieces as so much oakum. |
Why was the pardoning power vested |
In our constitution To relieve against |
hardship. There is perhaps one man
out Of 500 unjustly and improperly con-
victed. There are some cases. know |
of one or two out of 1900 now in the
ponitentiary. that are entitled to i'm
mediate liberty. But they will not be
pardoned. It's the worst criminals who |
are pardoned. Almost everybody knows |
this. A good man. as Blackstone says |
about a moderate man in politics, re-
ceives no quarter from any party. The
object of the law is TO punish bad men;
to prevent crimes. The abuse of exec
utive clemency is a great encourage
ment to crime. Some men only kill to
get bad. bloody name. The pream-
BILE Of the constitution reads AS follows:
1--WE, the people of the United States,
in order to form more perfect union,
establish justice. insure domestic tran
guilty, provide for the common defense,
promote the general welfare and to Sc
cure the blessings of liberty to our
selves and our posterity, do ordain and |
establish this constitution for the Unit
ed States of America. " The abuse or [
indiscriminate use of the pardoning |
power does none of this. Blackstone
says the English register does not dis
close single case where any king Of
Great Britain has ever pardoned an as
sassin. You may ask what shall the
people do who are taxed to death To |
punish bad men and that object Is de-
feated by usurping executive? Ans
swer; Ignore his pardons and arrest,
try and punish the criminals and en-
force your laws. Away back in the old
Bible times. il man accidentally kill |
ed his neighbor. with whom he was
working. he had TO flee to a city of
refuge TO escape the avenger of blood |
and even then must not come out till |
the death Of the high priest. Six of
our executive magistrates ought to
have been impeached and one nearly at
the bottom of the alphabet ought to be
impeached by the next General Assem-
bly,. None of this will be done, how
ever.
This communication is in answer to a
request made of me by members of
both parties and both races.
IL will sound strange to future gener-
atoms that 200 men can go with arms
at noon day and asssssinate a State
Senator and no one be hung for it. and
two other men in neighboring State
can murder a United States Senator
and after conviction give bond and one
of them sail away to Cuba.