Evening journal., 1913-08-13
WEDNESDAY. AUG. I3. Iela.
GOVERNOR MLLBWs FIRST PARDON.


~ ovERNoR MILLER has granted unconditional
VI pardon to Walter Brown a young negro who
was serving a life term in the New Castle County
workhouse at Greenbank for alleged attack upon
a negro woman 40 years old, who lives near New
ark
It is praiseworthy exercise of executive cemency
and vindcaton OF the principle OF majority rule in
the Board of Pardons OF this State.
Four Of the five members of the Board Of Pardons
had expressed the opinion that Brown innocent
and should be pardoned One of the four is
the Chancellor of the State, Republican. The three
others are the Lieutenant Governor the State Treas
ured and the State Auditor, all Democrats.
In view Of such a situation it difficult to see
upon what ground Republican Governor could re-
fuse to pardon the man. That he his duty and
performed it speaks we'll for his official wisdom and
political prudence. We congratulate him upon hav
ing act Of simple justice. It is pleasing to
the people, and particularly to the thousands of ne
groes IN Delaware who had been watching with keen
interest the developments in the case.
Under the old Constitution the power Of pardon, COM
mutation and repreve vested solely in the Governor.
There was absolutely check upon him, unless It
were public sentiment in the exercise of those
powers. There were times in which they exer-
clsed with such recklessness that they caused public
scandal nul1ed the orderly processes of courts
and outraged the spirit Of justice.
When the trainers of the new State Constitution met
they decided that something must be done to put an
end 10 such scandaous conditions II agreed to
do four things One TO supply safe and orderly
method for the relief of innocent persons convicted
OF crime Another was make It possible TO bring
about the release persons justly convicted Of crime
but In whose cases il-heath other mitigating cir
cumstancea might suggest the exercise of cemency
A third was TO place check upon the Governor The
fourth WAS 10 clothe the Governor with such power
that he might put a check upon those having power
10 put check upon him.
The Board of Pardons created. II clothed
with power TO recommend cemenoy, but with power
20 enforce It's recommendations upon the Governor.
BY the token, while the power TO pardon was
vested I'm the Governor, It provided that he might
not exercise it without the consent of at least ma
jority of the Board of Pardons In other words the
system of check and counter-check was adopted for
the protection of the public and those convicted Of
crime.
There thousands OF Delawareans who are not
conversant with the constitutional provisions relative
TO the Governor the Board Of Pardons and the exer-
else Of executive clemency. This Brown case and its
highly satisfactory outcome should stimulate
public interest in those provisions Article VII Of the
Constitution provides;
"The Governor shall have power to remit fines and
forfeitures and TO grant reprieyes combinations Of
sentence and pardons except IN Of impeachment;
but pardon, repreve for more than six months,
shall be granted nor sentence commuted except upon
the recommendation IN writing OF a majority Of the
Board Of Pardons after fall hearing; and such recon-
mendauon with the therefor at length shall
he filed and recorded IN the Office of the Secretary Of
State who shall forthwith notify the Governor
thereof
He shall fully set forth in writing the grounds of
all reprieves pardons and remssions to be entered
in the register of his official and laid before the
General Assembly at its next session
The Board of Pardons shall be comnosed of the
Chancellor, Lieutenant Governor Secretary Of state
State Treasurer and Auditor of Accounts
"The said board may require information from The
Acknowledgement upon any subject relating to the
duties of said board"
In the schedule Of the constitution is the followins
provision found in Section Il:
'one or more vacancies in the Board Of Pardon,
shall not invalidate any act of the remaining mem
bers Of said board not less than three in number
1t will be seen, therefore that the principle of ma
iority rule in the Board of Pardons is recogni,o,
clearly in the Constitution and that while the Gov
ernor may not grant pardon that is not recommando
by majority of the board he is not comneued :,
grant one merely because it is recommended bv ma
iory of that body IN view of the fact however ina
law is supposed to be the essence of commonsense
is to be presumed that only in extraordinary case
viii the override the recommendations ,
majority of the board when they are in favor ,
executive clemency. We admit that there are cor
ungencies which may arise, particularly in polite,
cases when the Governor and a majority of the boar
represent different political interests when it won
be his duty to stand in uncompromsing opposition
majority Of the board because in such cases partsa
feeling and not due regard for justice would sws