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Show IaRIAH'S BLOOD IS UP. He District Attorney on the Snbjsct of Eiecntlve Pardons. lie unions ix a ntortsr. II10 Matter pon on Account of the i Lffjrts lo Securo MalacliI Dillon's lUlnse. U.S. District Attorney Varlan has aJJrrod tlin following letter lo the Of den itamttrtl. BAI.T Imkk OlTY, rb. a, 1833. ' K lltor ttio WumJjrA tn yourlasuo ot list Sunday, you ileroto tnuili space H tlie matter of application for the pinion of Malaohi Dillon, aud Inol-dentally Inol-dentally uonuecleJ therewith jrou furnish aoron Information from ttio coTctnot'j ollloo eancernlnft pardons brretoforu iiranted to ollendtrrs con tlcti'tl In tba OrfJeo dUtrlct. mere seems to bo an organised and tjf raallo effort to cream a I ubllo sentiment senti-ment lit tbo Dillon caso, ti uffLinl nn ippatcnl Justification, I prtiu no, fjr li pardon. But it Is not with lb purpose cf Uli. casting tbo inerlia of this applloitlon Hut 1 aildrcM you on tba general ipjes-tlou ipjes-tlou luvolreJ, but to illraot ettentlonto the abuses preju llolel to the aJtulnli tratlonof Justlce,whlch result from the iiorestralhed use of pardoning pjwer In tlilt Territory? Law aru tloslgne 1 to regulate bumau conduct and to retrain tba ofll action! of man. Courts are created for tba urpoao of passing upon and determining all questions IiitoIv-lojllfe.llbertj'aud IiitoIv-lojllfe.llbertj'aud proporlr. Tba rules prescribed fjr tba determination of the guilt or IniiooeucoofapeMonchargod with crime, It not absolutely lust In all particulars, are speolally deslgnel for tlie protection of the aoouied. Twelve ruen.of a grand Jury of fifteen mutt concur lu finding an luilotment, TwelTemati of a trial Jury of twelve must unlto lu finding a verdict of (ullty, and raoti one of the twelve must bs satisfied beyond a reasonable doubt of guilt. Tho verdict must then pais the Inspection of tbe presiding JuJse.who Is allied upon ti revlew,not only the ruling! of law made durlng the trial, but upon tbe suRlolenoy of tbe uvldonce to sustain tbe verdict- Tba Oise may then be ro. vie we I In the supremo oourt. As u general rulo II Is info to assume Ibat a verdict of guilty, wbloh shall be ap-1 ap-1 iroved by tbe judges, Is right and ought to ttand. Upon this conviction the law Itself pronounces thejujgmenl and flit! tbe penalty generally with. In certain limits. Under our tyilein It wis not Intended that the exooutlve,ln nuom Is vested the power to pardon, tliculd all as a oourt of errors and ap-peil ap-peil and review verdicts of Jurlis or re-tlistbejudgnients re-tlistbejudgnients of courts. Nor Is ttils great and eaorod prerogative a per. Koalone. Ills agreit pornnal trust, Mch should be regulated by (Ilea sitndarde and govornol lu Its applloi-tlio applloi-tlio by general rules. Where a oniric-Ua oniric-Ua Is bad, guilt Is to be assumed, and, itcspt In exceptional and striking cases vbits subsequent events demonstrate las mistake uf the Jury and tba luno. ftacoof tbe aooused, the pardoning fever should not Interfere on fifs fround. Nor, when the Judgment of toe law fixing tbe punishment Is once liven, should thla great prerogative be Invoked, except, perhaps, In osses where tbe severity of the iijnlshmsot Is so pronounce J as lo carry a conviction convic-tion uf Injustice. I am speaking now, of course, of the ordinary crimes which disturb aoolety, and nil of oflenses In the commission of wbloh whole communities are concerned, and In tbe disposition of wbloh other can-slderatlons can-slderatlons are Involved. It Is within tnese lines generally, I apprehend, Ibat the pardoning power should be eiercleed; tbe welfare of tlieojin-nunl- and tho safety of society demtnJ It. It la net perceived Ibat petitions or rtquests of cltliens, however exalted their stations may be, should chsnge the application of theao rules, 'the iKjutat of governors of other stales, or of distinguished cltlrens of this Territory, Terri-tory, do not change tba fact that tbe nan was guilty ot violations of our wt; nor should the recommendation of Jurors prevail, except In csa within the limitations hereinbefore ttatod. Tbe finding of tbe Juror upon his oath lost tba tieloudant was guilty lioyoud a reasonable doubt, should not be out. wtlfbed by his subsequent statement or request given at tbo solicitation of the Interested rjartv. It Is time Ibat the community slould bo aroused to ajuit appreciation of a necessity for tho certain enforce, uont of tba laws. No mau should riuuest the governor t) pardon a con vlct unless he bis a good aubstintlnl reason for so doing; If hu doos lie Is unjust to tho governor and uujustto tho community. Highly-ouo pardius of territorial offenders have been iranled slnco July 4, 18)1). Many of tosui upon ex parts hearings mil without lli knowledge of tho prose-ruling prose-ruling ollhers. In soma of these cases Imposition was practiced npon the gov. tmu. In other! tbo reasms wero couktleis all tufflolent. Hut In ininy t Is robable a UiUdront result would five Ken reached had a full uoarlug besuacoordeJ. t'ermltme to supply somo omissions JJ your statements concerning the uillUnaod IdoiuIs cases. Or 1111 n was pirdonedwhllo thocasu waspontlng oa appeal In the supreme ojuri, ntid wore tbe udges hat nu opportunity M Islng upon It. Judge lleuderson, "true, recommended his parJon,but Mja lieuderaon was tbeaoiiuiel for "e accused. Thiire was n question tstweeu the assistant attorney and the oslsnielnrelstlonto tho oleaulng ot "Mlstol, which It seems was deter-nnoei deter-nnoei upon the statements and ovl. enco produced by the defendant's counsel. You Unto that til" Jurors bo convicted Urlllln filed allluavlls wore the governor that the linpres-'"u linpres-'"u that tho Hsmor platol bad not "en fired because of 1U ileaii appear-wh&hW.V appear-wh&hW.V "" nl"K'R Point upon Thi .,ih .cnvUtlon woa secured. ,h",,IMiulty about this exouse Is. .i.. 'u"et ns true it controverted t,,''u"""tn Judgo who tried the coSii-i4 U' ,UJl!" of tllu Hupremo toZLv'l0 0liuia roTl,,w the'tostl-flrs?y,-iJ".".l",u,r Me " Jtnlne, rue w",er ' (act as allege J was vu. ,,"l!0i"1' " lure' whothor It "irv. TX" i1," '"ol- Tua t"t.rl. taU!n " "B'of an opplloailon for n!Dn.?iW""U"C1'8 w" ending in. "ph':"1"110". Iu " Point rolled ef Uiinf1.p lotlJH aasumed the guilt Kranl.J1tO,i;!0o l"""" ' " truth I. n a'nnooeut man. The 0" OBlSon I'.".' . aQOla,"i " "'"' Wut in?hM, wh:ltw tins turnlni ""'"''toillaoMWiha avldence here. Vour statement, however, seems otrefully lo omit a very prominent fact, viz., that Urimn loft Hamer, wont away and armed nlmselt and re. turned to the saloon where the homicide was subsequently committed, Iioonils was pardoued against tbe emphatic protest ol this ofilco. Without With-out any otUclal notification of t be application, ap-plication, the fact of tbo application was acold eutally brought to Ilia ratten-lion ratten-lion of tho district attornuy, Your statement of Inita In llilscisn might well havo Included also tbo (uMier statements, thai Loomli In his retrest fired upon the pursuing c nicer, Indicating Indi-cating his desiwratn character. That your local officers, Including jour city marshal, took the pains to unearth tba past record of Loom l, and presented tbe sametotbeudgt-, lo the tiTeitlhat he was nn expert arid provisional burglar aul criminal, Mini Had servod a term In Ilia penitentiary of another tale, Tbat petitions for his pardon came from Ojtdeii, simply Illustrates the unreliability and wortliloitut-ss as a general rule uf such nquests. What did thnpvoploof Ogdou know about this criminal where llrst Introductlou Into that community was In the capacity capa-city of a deteoted burglur. My excuse for thus troubling jouls found lu tbe fact that upon my olllce devolves In part, at loast, the responsibility respon-sibility of a J m nliterln the criminal law of the Territory. II Is a mistake to asjtimn that there Is no crlmo horo. Thore Is a great deal of It. Hi bug as the publio sentiment permit! the administration of Justice to bo obstructed obstruct-ed and neulMlutd by the well-meant but mistaken ell oris of kindly dispose 1 iwrsous In bohalf of convicted felons, so long will tho goo 1 order aul sa'ely of Doletybs In peril. Ho far ss Dillon Is oonoerneJ, It may be remarked that the question of lusau-Ity lusau-Ity or uon-responslblllty now sought to be tried upon tba ex parte statements of persons not under oath, was fully and carefully presented by distinguished distin-guished counsel aud profesilonal witnesses wit-nesses at the trial. The verdict passed thuchalleuie of the trial Judge aud the supremo court, 'lho quostlou of his pardon should not bo uiado lu depend upon this lilittor, wbloh Ins been lltl-gated lltl-gated and deturmlneJ In Itm only way provided for by our law. Iflbironro other reasons sufficient to move executive clemency, the case will preseut a different asct. llespeotlully, (J. ri. Vaiimn. |
