Year: 1873

As might have been expected, Governor


Booths message is very superior production.


1t treats in a most able and exhaustive manner


the whole range of matters appertaining to


State policy. We quote his views concerning
pardons and capital Punishment; not because
they are the best that could be, but because
they are the best we have seen advanced by
any executive with the exception of B. Gratz


Brown, of Missouri. We believe the pardon
ing power. SO far from being beneficial in pre-
venting crime. actually promotes it. We be-
lieve, also, that capital punishment is an aggra-
vation Of the disease it was designed to cure,
and we do not believe there are born thieves
as well as born poets:"


"No executive" says the message, lean be
exempt from errors CT commission and omis-
sion IN the exercise of the paraoning power.
The prerogative involves duties more painful.
and grayer responsibilities. than any other ap-
pertaining 10 the Office OF Governor. Gov
ernor cannot refuse 70 hear any sppeal, and
there is scarcely day In his official term upon
which be Is not called To listen TO one or more
The innocent share in the punishment of the
guilty. and very often the punishment OF friends
and families is heavier than that of the crimi.
nal There are no human means OF melting cut
pae lshmens 10 crime with the exactness OF 4
mathematical equation. l he inequality of sen
tences for the same ofense in different courts,
and often IN the same court. at different times,
will become apparent 10 any one called upon
10 review them This sense OF injustice rankles


IN the bosom of the convict and emphasizes his
war with society. know OF no adequate rem
far ntft nay hssr
nized and discussed 1t should not be forgot
ten that the criminal element in society is as
truly representative as the commercial. the
professional. the industrial. or religious. There
are born thieves as truly as there are born po-
els. but the great majority of those who are
confirmed criminals become so from the accl-
dent of early associations-from children of
the street they become denlzeus ot the Sums.
and when not under restraint are habtual yio-
lators q, the law. There are others, who cou-
nit crime in the violence of passion, under
sudien temptation, or the pressure Of extreme
want. and no one unsried knows how far he
would be- exempt from like irailiies. under Ike
circumstances. II IS not given tn man 70 ac-
curately determine motives or character and
the standard of punishment - necessarily ar
bitrary. Judges and juries usually &c. but
ieet,ng view OF a single scene in the life OF the
accused. aui IssfR'i@H Il IS rare
nccent are convicted il is equally rare that the
measure OF guilt is accurately determined. /
believe that a commission To hear applications
and recommend for pardons would be n ralua-
bic adjunct to our criminal Jurisprudence. aud
could greatly assist in equalizing sentences:
and that If the Directors and officers OF our
State Prison were made permanent. something
analogous to the ticket-of leave systen could be
gradually established. 10 the great advantage
Of the State


cArrrAL PUNISHMENT.


During ny official term eight men convicted
of murder have been executed. two have CON-
mitted suicide To avoid execution, and there
are five now under sentence of death The
right Of society for its own protection to atix
the death penaly tor the highest crimes known
To the law is conceded the policy of its sxer-
else under the present conditions of our civil
ization is a matter of grave and serious doubt
In the discussions between the advocates OF
capital punishment and of life Imprisonment
this only is clear: that the conditions OF human
society are so variable that it is impossible to
determine from any statistics which system has
the greater efficacy In preventing crIme-the
one armed with the terror OF death. tue otner
with the greater certainty of punishment. 1t
is fair to suppose, then. there Is no decided dit
terence, or lI WOulu Dc uiauc tsiacHt. AZ ic-
mains true that the shame, the humiliation. the
dark shadow of despair that often falls upon
innocent friends, is an inconceivably greater
penalty than the swapping of the brittle thread
of life Whether we regret it or rejoice at 1t,
we are not made of as stern stuff as our fore
fathers, and the intiiction of the death penalty
is a shock to the moral sense of at least large
minority. and carries through the sensitive
nerves of society thrill of remorseful regret
to thousands of tender hearts. Sometimes. too.
the awful solemnity of the scaffold is converted
into melodramatic scene, and made the occa-
sion for the exhibition Of sympathy akin to
admiration. which exalts the murderer into a
hero, and effaces the lesson Of his punishment
in pity for his fate. We may blame these
things: should we not also avoid them!


Executions are required to be private. but.
in this age of newspapers, they are faithfully
reported 10 every fresde, and whatever Of
evil influence there was in public executions
before the newspaper age, is necessarily ln- |
creased in tenfold degree. l am OF opinion
that the death penalty should be abolished, and
some kind Of imprisonment. different from that
provided for crimes Of lower grade than mur-
der. should be devised instead; and that IN
such cases the power to pardon should be so
as to require proof OF innocence
before it could be exercised.


When any one is acquitted upon trial under
indictment. upon ground of insanity, the yer,
dict should state that fact, and the accused
should be sentenced to the insane asylum, ana
not be discharged except through pardon.