The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-01-15
Most Important of All Preroga-
tives of Sovereign Not Exer-
cised by Monarch.
BY La MARaUIsE DE FoNTENoY.

BY LA MARQUIsE DE FONTENOY.
lnRIME MINISTER AsQUITH, In 70.
sponse to communication from
William Barton. Member OF
Parliament for Manchester. who had
invoked his intervention to secure u
Communication OF the death sentence
passed upon young murderer OF the
name OF Ernest Kelly, gave in his let
tor of reply n definition of tho right
OF clemency, which deserves being
placed on record. 1t emphasizes the
fact that In Great Britain. at any rate,
this most important OF all the preroga-
lives of the sovereign is no longer
exercised by the monarch
Tho Primo Minister admits that
clemency Is a royal prerogative. nc
writes In his letter as follows: Tho
exercise OF the royal prerogative In
capital cases is vested solely by con-
stitutional practice, In the Secretary Of
State for Homo Affairs, and l could
not under any circumstances consent
to intervene In such a case"
This constitutional practice dates
from the accession OF Queen Victoria
I'm 1881 1t was felt bv her ministers
would be unfair to require so young
girl TO examine all the circum-
stances OF the horrible crimes for
which the death penalty was in those
days pronounced, or to burden her
conscience with the responsibility of
determining tho life or death of her
fellow creatures. SO the duty or de-
Gliding whether or not the crowns
provocative OF clemency should be
exercised in any particular case. was
delegated to the Secretary Of State for
the Home Department, responsible to
Parliament.
To such an extent has this preroga-
tive been alicnated In this fashion.
that 10. not by act OF Parliament. but
as the Premier says. by mere "const!-
tutional practice" that when Queen
Victoria In the closing years of hor
reign attempted to intervene in behalf
of the convicted murderer. Llpski. and
insisted that the late Lord LANDAU
then Homo Secretary, should commute
the sentence, in CONSEQUENCE OF her
firm belief in his Innocence. the min
lister refused TO allow her to have her
way, or to interfere with the course
, Llandan to add that when Lipski
heard that his appeal TO the crown
for clemenoy had been rejected by the
Home Secretary. he made full con-
fession OF his guilt of the murder
In ireland, however. the sovereign.
In his capacity Az King OF ireland
still exercises the prerogative 81
mercy Nhen nc chooses AZ rule. II
Is exercised through his viccroy. But
during each OF the progresses which
Edward VII. made by motor car
| through the rural districts OF the
Emerald Isle, during his all too brief
| reign. he granted a number OF remis-
sions of sentences and FREQ pardons. in
response to petitions personally handed
TO him by peasants who had invoked
his royal clemency when he was pass
Ing through their villages.
In tho self governing colonies, az
well as In India, tho right of clemency
Is exercised by the sovercign's repre-
sentative, the governor-gcneral. and II
may be recalled that some time ago
Lord Gladstone incurred an immense
amount OF criticism In South Africa for
having. as governor-general Of the
union. committed the capital sentence
on a kaiiir. who had attacked Il white
woman.
Primo Minister Asquith's letter.
from which have quoted above Is all
tho more Important. since 1t places on
official record the fact that clemency
remains royal prerogativc. even I'm
the United Kingdom. and that IL Ia
merely by constitutional practice and
NOT by any legislative act that II is