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Fiske, John, 1842-1901

"Civil Government in the United States Considered with Some Reference to Its Origins"

" 3. The governor is
invested with the royal prerogative of pardoning criminals, or
commuting the sentences pronounced upon them by the courts. This power
belongs to kings in accordance with the old feudal notion that the
king was the source or fountain of justice. When properly used it
affords an opportunity for rectifying some injustice for which the
ordinary machinery of the law could not provide, or for making such
allowances for extraordinary circumstances as the court could not
properly consider. In our country it is too often improperly used to
enable the worst criminals to escape due punishment, just because
it is a disagreeable duty to hang them. Such misplaced clemency is
pleasant for the murderers, but it makes life less secure for honest
men and women, and in the less civilized regions of our country it
encourages lynch law. 4. In all the states except Rhode Island,
Delaware, Ohio, and North Carolina, the governor has a veto upon the
acts of the legislature, as above explained; and in ordinary times
this power, which is not executive but legislative, is probably the
governor's most important and considerable power. In thirteen of
the states the governor can veto particular items in a bill for the
appropriation of public money, while at the same time he approves
the rest of the bill.


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