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

drying up. in a degre of the milk of
human kindness in his bosom. And
it is argue that this is so from his
constant official contact with the vic
ious or criminal; and the spirit of our
law demands not only to do justice
in judgment" but do mercy. "Ex
cessive bail shai not be required. nor
excessive fines imposed, nor cruel or
unusual punishments inflicted
Con. \. C, Art. l. Sec. IA.
For the governor to limit the exer-
else of the p%ardoning power by max
ing 1t depend on h recommended
tons of the judge or solicitor, who
can know nothing of the reasons or
causes by the petitioner
why pardon ought to be granted, is to
admit the judge and solicitor, who
tried the case. to share in, if not di-
rect and control, the exercise Of "a
personal, executive perOgative.' It
is splitting his power, shifting his
burden. He'd as we'll call for the
opinion of the Speaker of the House.
There would be as much propriety in
a judge refusing. on the prayer of the
solicitor for Judgment after verdict,
to pass sentence without having OBJ
tanned the advice of the governor, as
to the punishment to be inflicted by
the court in its discretion. as for the
governor to decline to hear a petit
ton Or grant a pardon unless advised
thereon by the judge.
A pardon is an exercise of an eX-
ecutlVe function or p~rerogative. The
judgment of h court is the pro-
nouncement of the sentence of the law
by a Judge. and is a judicial power.
One has nothing to do with the other.
1t is the duty of a judge to sentence.
and there his duty ends. 1t is the
province of the executive to pardon.
A pardon is not a reversal of the
courts. The legislative, executive
and supreme judicial powers of the
government ought to be forever sepa-
rate and distinct from each other
Con. N. c.. Art. /, Sec. 8.
AS it vas the law Of our ancestors,
even before the reign of Alfred the
mercy, as in him alone was lodged
the divine power of p~ardoning, SO the
power to pardon by our Constitution
is most wisely left in the breast of
the chief executive officer of the
State. He alone has the power to
mitigate or remit punishment after
Judgment. He may not delegate it to
or share it with another. He may
mitigate the punishment. OF pardon
unconditionally OF conditionally when
he judges proper. Nowhere do / find
it written that he shall answer to IN
for the exercise of that power. True,
II shall biennially communicate to
the General Assembly each case of
reprieVe OF pardon granted and his
reason therefore,; but there is no
constitutional or legal limitation on
his discretion in the exercise of the
~pardonng power. His giving to the
public. through the press, his reasons
tor granting or refusing pardons, is
not In our opinion wise-unless it
may be the people are made better
by looking up to him as the consti-
tutional fountain of grace; and wheE
they see Their chosen governor per
sonally engaged in these repeated
acts of goodness, coming Immediately
from his own hands, endear him, as
governor. to the people, and contrib
ute more than anything else to root
in their hearts respect for law and
love for our institutions, thereby les
sening crfme--the hope of mercy to
the prisoners being always before
their eyes.
The object OF punishment being
not only to satisfy justice, but also 10
reform the offender ana thus prevent
crime (Con. N. c., there seems to
be no wiseI way to reform the offend
er and thus prevent crime than to
temper justice with mercy; and.
hence, though merciful exercise Of
the pardoning power in behalf of re-
pentant sinners, g1,e hope to the pris-
ner that if he "shGw fruits meet for
repentence" he, too, may go and sin
no IlDTG-
Though there are some who deserve
punishment and correction, there is
no necessity that they should be quite
destroyed; though the Christian edi-
tors of papers may p their de-
StructiOn by unWiSe If not un lust criti-
cisn of the governor.
Quintillian, the pagan, was wiser
than they, if not more Christ-like,
for he says: mo mar can doubt hut
that if eN en- malifactCrs could be re-
claimed ana brought to behave them
selves better, as IT is granted they
sometimes may, it would be more for
the advantage of the State that they
should live than die If this be ac-
copied as true, this clcmency in 6
governor not only a virtue. but a
duty, also. he owes to tt State, For
that which men call cle~ency is moth
ing but a ~seaSonable mitigation of the
rigor of law, for the ADVANTAGE of the
State.
While it is worthy of a governor to