Year: 1869

ulai commendation. Instead of being burden


this Institution must be regarded as saving and a


blessing to the State.


The State Prison has shown great improvements


in its internal discipline, and general management


The earnings have been greater than in any previ-


GUS year, though for sufficient reasons they do not
quite meet the current expenses.


PARDONs AND EXECUTIONS.


Pardons have been granted the past year in per-


maps maps unusual number, still but very small portion


oI tne applications have been favOrably received.


osC OF these cases are of soldiers who in the ex-


OF satisfaction at their safe return home


carried tlelr 1rolcs to the extent of crime. Some
| OF these upon examination it has been Thought
proper to release. The results have vndcated the
| cemency. ~
| In accordance with nv expressed intention 7
have executed the duties devolved on me in refer
ence to convicts under sentence of DEATH These
cases have been thoroughly considered Wherever
there mas been mitigating circumstanc of any
moment, the convict has had the benefit of It. In
two cases the sentence has been committed to i'm
prisonment for Life; in another, not admitting of


en!ty the prisoner died before the warrant was 10
be issued; While in case of peculiar atrOcity and
aggravation the sentence has been ordered to be
carried into execution.


should have contented myself with this simple
statement of my action without comment: but as
it has pleased the Attorney General in his official
Report to protest against this execution although
canddy admitting that it is the Governors duty to
execute this law; and as his careful official state
ment must be taken as the best expression of dis
sent which can be made. may be warranted in
giving you the reasons why am not influenced by
that kind of argument.


Harris should not be executed, because he q turn
ed States evidence" This means L suppose-for
it will not be pretended that mere confession of his
own guilt after arrest comes within the meaning of
tnls tefm-that there was some promise or obliga-
ton, expressed or implied, that if Harris should
succeed in duplicating al accomplice, he should
escape the due penalty Of his crime.


am not learned in the rules of evidence and |
remark upon this further than to say that if any
person can be convicted of capital offence by ey-
dence given under the pressure of this consum-
mate hope OF reward, then the altar Of justice is
longer the asylum of innocence, and life and ibcr-
ty must seek some other defence. But if this was
50, let those who made the promise keep it-let
them see that their witness has his reward while
the case Is still in their hands But did the Attor-
ney General avail himself Of his privilege and
withdraw any portion of the Indictment in token
o, s1lTGe M rendered? Did the jury in their verdict
mercy of the Executives Nothing of tbe kind


Now one of two things: in tuFning states eyi-
dence Harris must have implicated either a guilty
endeavored to add a third murder to the former
two; if guilty, then in afterwards contradicting
the statement with equal vehemence he virtually
shielded the guilty from justice, in either case but
crownng the whole with perjury. l fail to see the
eXtenuating force of any such States evidence
this


1t is said that the fact of Harris early life-the
degrading influences of slavery, and the deveope-
ment OF his brutal passions alone, and his being
almost in his legal infancy, should have been con
sidered. They were considered, and at their full
value, They were a relieving element in the case:
they were ground of gratitude that no man nursed
Of woman was left to do these horrors-and of CON
gratulation that this precocity of guilt was nipped
fruit had come. But they did not appear sufficient
to entitle him to special grace Previous good
character is plea in mtlgation-but to plead
"preyious bad character is a novelty in jurspru-
dence.


A parallel is also drawn between the case of Har-
rls and that Of Knight, the latter being a more
sponsible person, and yet suffered to remain
hung, while Harris is ordered to execution. The
right and duty of the Governor to execute the law
having been conceded, the argument conveyed in
this illustration goes only to this effect: that Knight
also should have been hung-a conclusion to which
l take no exception; although Knight still protests
his innocence while Harris boasts of his guilt. But
this case is not in my hands. The law sentences a
murderer to solitary confinement until sentence of
death is executed upon him; if he has been
leased and simply set at hard labor like any other
convict, that is to all intents and purposes
mutation of sentence. Now Knight has been al
hard labor for some twelve years. He was not
sentenced to Imprisonment for his natural lite, and
banging. Virtually he has been put upon the form
sentence and has actually served out considera-
Bile portion of 1t. To me it appears very question
able whether Governor has even the right to take
out S"oh convict aftor ho has boon serving out Il
life sentence and order him in addition to Thai to
be hanged by the neck just before he dies.





not the real criminal in this case but another party
With him [ have not hing to do. If he were con
vlcted and sentenced, a duty would arise in his
case. But the Attorney General was unwilling to
put HIM on trial (when one was ordered)
and discharged him from custody: presumably be-
cause he could not convict him; if otherwise then
he did great wrong to Harris and to society and
the cause of justice itself. The argument does
appear 10 me aconyinclng one that sentence should
not be executed upon Harris swho confesses his
guilt, because another is suspected to be more



ney General believed he could not convict but re-
leased and forever set tree from peril on this charge


shall enter into no defence of an official act so
plainly required by the constitution and the law
and my solemen oath and which had beforehand
so explicitly brought to the attention of the Legis-
lature. Neither my own views of the death penal
ty nor the present state of public opinion, what
ever they may be, affect in the least my duty to ex
ecute the existing laws. Whether there has been
any recent change of public sentiment this sub
Ject have no means of knowing. The only legit
innate and deliberate expression of public opinion
OF recent date is the action OF the last Legislature,
which having before them the announcement of my
views of duty in this matter, and voting direct "
on the bill to abolish capital punishment, refused
so to abolish it by vote of nearly two to one. To
my mind. L am free to say, this amounted to a re-
affirmation of existing law. II the Legislature up
on mature consideration deemed it unwise to abo-
ish capital punishment, it would be an eXtraordi
nary presumption in me to to take the responsible
ty OF abolishing it myself.


CAPITAL PUNISHMENT.


have heretofore advised that the death penalty
be either ensured or abolished Not that the law
leaves it doubtful whether it is the Governors du
ty to execute the sentence at all-which would be
a manifest absurdty-but that failing to fix
limit within which the warrant shall be issued, it
has left chance for the Executive to defer il in
definitely and thus precedent had been estab
lsh ed too strong to be set aside without bringing
odium upon any Executive who should do his duty.
Now that this precedent has been broken, it may
be best to leave the law as it is. Cases might arSe
where few would say that death was not the onlN
adequate penalty; yet it might be desireable to de
lay the execution, while testing particular
theory In the case of Doyle, for instance, moth
ing but the earnest conviction of his counsel that
another party was the guilty one, saved him from
execution. This surely Is not a case for cOmmu-
tation. If Doyle is innocent he should be set at


liberty, and every possible reparation be made him.
If guilty, he should suffer the extreme penalty of
the law. Then too if you abolish the death penal
~ uio,I iuiliale UetWcen single high
crime and the accumulation of such crimes Take
the above cited case of rape. The punishment is
Imprisonment for life. If the offender sees no
higher penalty before him he has powerful mo-
tive to dispose of the principal witness against him
He has everything to gain and nothing to lose by
adding the crime of murder.


However the experience of suffering may have
affected my personal sympathies the consideration
of the public safety convinces me that this is not
the time to soften penalties. Too much crime is
abroad, and embodened by the mildness and uu-
certainty of punishment. Most of our neghbor