Year: 1871

The relief of the criminal from the laws
just penalty should be a rare occurrence.


In theory it can only properly be done by


the legislative authority. A pardon i'm
plies that he who receives it is guilty II


guilty, then the condemned should suffer


the penalty of his crime, or the law is de-


graded.


1t is a matter of no consequence


whether it is done by one person in an


official position or by thousand COM


bined in irresponsible mob. The power to


Invade the sacred presence and violate the


awful majesty of the law should only be


in the hands of the power that framed it ;


he that can uumake ought to be able to


make.


Executive clemency" is at best but a
condemnation ofithe law ITSELF or refrac-


ton upon the manner in which it has been
executed by those charged with its admin
istration. We speak only of just elem
ency. One which is wrought by unjust
favor, the infamous solicitation of friends,
consideration of the station, condition, or
family connections, the pleas of paid coun-
sell, or the tears which melt and flow under
the glow which sckly sentiment or base
bribes impart, is too scandalous to be men,
toned at all. Such pardon is worse
crime than that for which the rrisoner was
condemned; for it damus alike him who
procures and him who receives it, while it
blackens and bedaubIes the unjust execu-
tive who grants it.


These reflections occur to us this morn
Ing, on reading the announcement that
Governor Walker had pardoned William
Dulaney, convicted in the county of Ro-
anoke of felony, and sentenced to five
years Imprisonment in the penitentiary.
There is a condition connected with it, which
renders it Communication, and is too foolish
10 emanate from the executive head of
Virginia. Dulaney is a horse-thief, and |
here could possibly be no extenuation of |
The crime, except that he is cripple. This
act was regarded on the trial, aud was so
by the jury, that, but for it, he
would doubtless have received double the



The friends aud admirers of Governor
Walker have noasted of his disposition
lot to pardon 'negroes," many of whom
re to-day languishing in prison for minor
nd trivical offences, without a hope OF
xecutive clemency. But few days age'
ne was sentenced TO five years in the peni-
antiary from this city for stealing several
hickens. This poor creature need expect
o mercy from partisan officials, and yet
re find this morning, without single
,ason given, a horse thief turned Loose to
epredate upon any community he may
hoose, provided he will leave the soil of
'irginia.


1t is seldom man should receive execu-
We clemency unless based upon the fact
lat the sentence had been harsh and an
Ist, and that the punishment already in
lcted had been in proportion to the crime.
Without being acquainted with proceeding


the mansion we are satifed from having
card the testimony in this case, that the
ranting of pardon to Dulaney, is not justi-
I'd by either of the circumstances named.


We should be glad to have the evidence
pom which his excellency acted in this
after, as well IS bis authority for adding
'nditions to the pardon which are perfect


null and void


Should Dulaney remain in Vieginia, as
Q have no doubt he will, the Governor
onld be powerless to con6ne him again.
The country is less apt to suffer from
'predations of chickens than horse
ieves


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