The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1910-06-21
PlRDON|NG POWER Of
THE GOVERNOR

# Has Come Down to Us from Our
English Ancestors-Some Newspa-
ner Criticism is Good; Some Bad.
uBv b. c. Beckwith of the Raleigh
Bar.)
To the Editor: In view of the regu-
7arly recurring suggestion that North
Caroline should relieve the Governor
of the duty of passing on applications
for pardons, referred to in a recent
editorial in your paper it may
he we'll to give the public a brief
history of the ~pardoning power as it
has come down to us from our Eng
llsh ancestors; and the more so, as
there has been much newspaper
writing relative to pardons; some
good. some bad. There has been here
4ofore much sharp, if not harsh, criti-
cism Of governors for the alleged too
free use Of the merciful constitutional
power of p~ardoning against
the criminal laws of the State-good-
intentioned criticism, perhaps, blu
nevertheless evil, as it is founded on
ignorance. Judgment based upon
ignorance, whether of law or facts,
s. bad Judgment, from whatever source
II come or however good the intent.
The way to perdition is paved with
good intentions. A good-intentloned
1gnoramus, pen in hand, Is none the
less dangerous to truth his
intentions are good.
The power of ~pardoning is older
than our civilization and is of divine
origin. But our Institutions, customs
and laws being largely of English
derivation, we shall consider the ORR
gin Of the pardoning power as it APP
pears in the English Constitution
That will be sufficient for our present
purpose.
A great English Judge and law
writer. under the head OF ReprieVes
and Pardons, says: 1--WE are now to
consider how judgments, with their
several connected consequences, may
be set aside. There are two ways OF
doing this-either by classifying or re-
versing the Judgment, or else by re-
prieVe or pardon. Reprleve Is tenn
porary only; the pardon permanent.
A reprieve, from reprendre, to take
back is withdrawing for an interval
OF time, whereby the executor is sus-
pended
IF no other plea will avail to stay
the execution of the judgment, the
last and surest resort is in the Kings
most gracious pardons,' the granting
OF which is the most amiable peroga-
tive of the rown."
Law (Says an able Writer) cannot
be framed on principles Of compassion
TO guilt Yet Justice, by the Consti-
tuition of England, is bound to be ad-
ministered in mercy. This is prom
ICnH hN tho emo in hiC 1N0rnnafan
oath. and it IS the act Of his govern
ment which is most personal, and
most entirely his own. The King
condemns 10 man; that rugged task
he leaves to his courts Of justice; the
great operation of his sceptre is
Mercy
The Kings power of pardoning was
SAID by our Saxon ancestors to be de-
rived a lcge stEae ,iignitalis. And
except that a pardon is not pleadable
IN bar Of an Impeachment, the Kings
royal grace cannot be restrained or
abridged. No other person has power
10 PARDON. but the King hath the
WhoIe and sole power thereof united
ana KNIT to the imperial crown" OF
England.
This great English judge felicitates
the English people that This is in
oetd one of the great advantages OF
monarchy IN general above any other
10Ihi OF government. that there is a
magistrate who has it in his power to
extend mercy wherever he thinks il
@eSefNed, holding a court of equity in
ms own breasl to soften the rigor OF
ie general law in such crimina.
cases as merit an from
punishment.'
AS he wrote before our forefath-
trs had So widely framed our national
ana state constitutions, he could not
Know that in the New World there
should arise a mighty union of great
.l"leS, peOpled by Englishmen. who's
resident and whose Chic Magis-
na(es of the States should have it in
,"ef power to extend mercy wherever
ne or they think it deserved-holdins
courts Of equity in their own breast
- soften the rigOr of the genera
ID" IN such criminal cases as meri-
an exemption from punishment. anC
ti@t II should be so written in oul
Constitution.
Lhn Ea--..L