The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1910-06-21

after conviction. for all ofenses Eek
cept in case ,f impeachment, upon
such conditions as he may think
As the p~ardoning power, under the
English Constitution, was "a personal
trust and p~rerogative in the King for
a fountain of bounty and grace to his
Subjects. as ne observed them deserv-
ing or useful TO the public, which he
can neither by grant or otherwise ex-
even so is it under our Con-
stitut1on a personal trust and power
in the Governor for a fountain OF
bounty and grace to the people, as
he observes them deserving or useful
TO the public, which he can neither
by grant nor otherwise e~xtinguish or
abridge. The Governor, holding a
high court of equity in his own breast
to soften the rjgor of the general law.
must exercise, without restraint. from
or otherwise. this Cod
like power, it shall be made
TO appear to his conscience, by petition
or otherwise, of the offender against
the criminal law, or some one in his
behalf, that the situation or circum-
stances of the prisoner Though they
alter not the essence of the crime of
which he was convicted) are such as
to appeal to his clemency. And the
discretion of the Governor as to
mercy is like the discretion of a court
Of justice as 10 Iaw-wherever the
propriety of the exercise of it APP
ears, it is equally a matter of right.
The exclusion Of pardons from the
executive, or Arrangement of the par
doning power, from whatever source.
must necessarily introduce a very
dangerous power in the judge-that
of constituting the criminal law by the
spirit instead Of the letter; or it must
be held, what no man will seriously
avow, that the situation and ircum-
cta ncoc nf an offender against the la
Though the circumstances and situa-
ton alter not the essence OF the
crime) ought to make no inc
in the punishment
AS the power of p~ardoning is wise
" lodged in the breast of the Cover
nor by the organic law of the State.
and as he is not thereby required to
advise with his Council Of State, as
was required by the Constitution OF
1875. when ne shall hold "a high
court of equity in his own breast,
shall he consult judge or jury or so
licitor or citizen whether or not he
shall exercise his big constitutional
power to extend mercy? II the genius
of our law does not require him to
advise with his Council Of State, in
pardoning offenders, we are unabi
to see why he should hold himself or
be holden to answer to newspaper
editors. religious or secular, or to any
one else, for the conscious exercise
of that most excellent power after the
example of God himself. as Lactantlus
observes, who when He gave men
laws did not deprive himself of the
power of pardoning such as should
transgress those laws
If God himself, considering the al
tered situation and condition
Ghough they alter not the essence OF
the crime or SIM Of the offender, that
he is penetent and desires to lead a
new life. will abSolve and pardon the
condemned sinner, without consult
ing even the clergy, why should the
Governor, who. for the time being
has this God-like power, stand re
buked of sinners?-those who know
not what things, appearing in the
hearing of the petition for mercy IN
that high court of equity in his own
breast" moved him to find with Arts
tides the Just, that it is agreeable to
human nature, that bounds should be
set beyond which punishment shall
never pass and to merclfully TX such
bounds. 1T becometh the just to be
merciful." sayeth the wise Hebrew.
1T is worthy a good governor to par
dom answers Dion Prussaensis.
Our governors have, in their great
desire to do right, contrary to hlgh
constitutiOnally imposed duty, limited
this most gracious power, IN mat lhey
would not grant a pardon. Whatever
the after GU 9iludeloh dho
might be. unless upon the recommen-
dations of the judge, before whom the
case was tried, and the solicitor, who
prosecuted for the State, first had.
In this they have been someWha;
derelict. in the legal sense; for the
wisdom of the organic laW-wisdon
gathered from the experience of the
ages-constituteS the governor
breast, the repository Of the tender
mercy of a great, and therefore, gen
{ erous people. Who would not that any
who are penitent should perish II
bonds. Sitting in his 'high court OF
equity" far removed from the pas
: sions and neat of the trial, which
more or less, must affect the prose
cutor in his pleas, the Jury in its YER
: dict and the Judge in his judgment
t his alone to Judge whether the pres
ent situation and circumstances OF
the fende DO not merit mercy: and
IT, hinh- canStitn1iAna rerQGa tive q