The comet. (Johnson City, Tenn.) 1884-1916, 1910-06-30

both. have not heard the motives
of the court impugned in thus divid.
ing and disagreeing, but when, in the
exercise of higher and at least as
sacred duty as any which devolVes
upon the court, pardon Colonel Coop.
er, the atmosphere is at once laden
with imprecations, and every bad mo-
tive is at once assigned. 1t must APP
pear strange, and it cannot be with
out a motive, that the newspapers
who have reviled me for the exercise
of the pardoning power in this case,
have said nothing of the minority
opinion of the court, and have almost
ceased to discuss the question of the
guilt or innocence of Colonel Cooper
and his son. / wish those who are
open to reason to put themselves in
my position, and to view the facts as
they are, and not as distorted magma
tons would have them. Senator Car
mack, according to the testimony,
was killed by Robin Cooper, and in
my Judgment, any fair Interpretation
of it shows that the killing occurred
after Senator Carmack had fired two
shots from his pistol at the defendant.
I believe the act of Robin Cooper was
In his necessary self-defense, and this
view was evidently shared by the ma
jority of the court, which reversed
his case. On the other hand, Colonel
Cooper was not in any conspiracy to
kill, and l do not recall that any Of
the Justices of the Supreme Court SO
held; but on the contrary, am in-
formed that the theory of conspiracy
was abandoned in the argument be-
fore the court, and was not found as
fact in any opinion delivered. That
Colonel Cooper did not fire a shot Is
abundantly shown, and there was new
er any serious contention that he did.
II he was not in a conspiracy to kill,
and did not kill, where is the law or
the justice which will hold him guilty
of murder? Had this been an ordi-
nary lawsuit, tried in the ordinary
way, without the settings of passion
and excitement, Colonel Cooper would
have been acquitted almost as mat
ter of course. Without impugning the
opinions of others, / think it was a
of justice when he was
not acquitted.
Believing this, what course could
pursue? 1t is said the defendant was
my friend, politically and personally.
But shall / deny justice to a friend?
Shall / refuse to accord him that
which an enemy has the right to ask
and what the humblest citizen may
expect? Must a man go to prison for
murder who is now IS years of age,
who has never killed anybody, be-
cause he happens to be a friend of the
Governor? Is Governor worthy to
hold office who would suffer it? If
had been afraid to save this friend
from an undeserved disgrace, no mat
ter what the consequences were,
would have forfeited the confidence
of honorable men, and what Is Of
more Importance, my own self-respect,
which no man can lose and be gem
tleman, whether he is in or out of the
Governors chair.
Pardons and Justice.
People speak of Justice as IL to par
don was an act of injustice, when it
may be the highest form Of Justice.
They say it is the setting aside of the
decisions of the court. So 1t is, else
there would be no reason to pardon,
and the people believed when they
made the Constitution that the court
and clothed him with supreme power
in extending clemency.
But l am condemned because 1t is
said / acted hastily, and without
proper decorum but is it true? This
case was different from any other
which had ever come before me. I
had read every line of the evidence
was just as familiar with the record
as any member of the Supreme Court;
had testified at the trial. and my mind
was fully made up, not only that Col
onel Cooper was not guilty, but that
he was in some degree the victim
of his association with me.
Those who are fiercest in their de-
are those who wanted him
convicted because of our close friend
ship.
If I had delayed action, waited for
petitions and involved the State in
further uncertainty and unrest, these
same men would have been the first
to denounce me for cowardice and to
attribute delay to fear and weakness.
There is not man in Tennessee who
knew me but believed would pardon
Colonel Cooper il he was convicted,
and l knew it. Then why delay?
Why act part? Why not assume the
responsibility and end it?
When I say this do not want any
one to suppose did not then and do
not now realize the gravity of my act,
for of this / ann deeply and keenly
conscious. ! did not want the respon.
sibility. l had hoped it might never
come, but when it did, met it.
Right or wrong, / have acted, and
men may differ about it as they
please. My own conception of duty
is fulfilled. BY it I am willing to
stand or fall, to be judged here or
hereafter.