pardons

Contributed by Barbara Ziegenmeyer

Source: Excerpts from Special Correspondence of the Inter-Ocean, Springfield, IL, January 17, 1876.

PARDONED CRIMINALS
Something Concerning the Exercise of Executive Clemency in Illinois
A List of Pardons Issued to Prisoners Under Sentence for Manslaughter and Murder
Our Penitentiary System Today as Compared with that of Years Ago

The Executive clemency toward prisoners in the Penitentiary having been the subject of some remarks in various papers, an Inter-Ocean representative has examined the papers upon which pardons have been granted during the past year, and which are on file in the office of the Secretary of State. In the direction of prison reform, as regards both the internal economy of the institution and the physical, mental, and moral treatment and welfare of the prisoners, the conduct of the present administration during the three years past is deserving of the highest commendation. If there is any one thing in the State government of which the people of Illinois have reason to be justly proud, it is the Penitentiary system which has obtained in this State. During Governor Palmer's administration a very creditable step in advance was taken on the part of the Executive in giving his frequent personal attention to the condition of individual prisoners, and to relieving the prison life (in cases which often occur) of its extreme hardship and injustice.
The Policy of Governor Palmer, in this regard, has been more fully carried out and greater personal attention given by Governor Beveridge.
He has been able to do this more efficiently than his predecessor, by reason of the more complete system which is maintained in the institution and which allows for a more critical and careful consideration of individual cases. He has given to the examanation of each case that deliberation and care which a conscientious Executive should always find it his duty to exercise. Much has been said in regard to the pardon of persons imprisoned for murder and manslaughter.
In the Chicago Tribune several articles have appeared in criticism of the pardons, but not one of these statements has ever given the grounds on which such pardons are granted.

(Excerpts from this article pertaining to Alexander County follows:)

William BUTLER, colored; July, 1867; murder; Alexander County; life. Pardoned Dec. 24, 1875 Butler was one of three (GALLAGHER, BUTLER and ROSE) unanimously recommended by the Penitentiary Commissioners for pardon, he being broken down in health. Of him Warden McClaughrey writes: "He has been a faithful and hardworking convict whose health is impaired by long service. Since his health has broken down he has cooked in the hospital kitchen. His pardon would show the colored men that they are remembered, and would have a good effect on other convicts." He served eight and a half years.
Thomas BRASHEARS; June 1865; manslaughter; Alexander County; 25 years. Pardoned June 4, 1875. This man served ten years. He claims to be innocent. The Penitentiary Commissioners write, "We believe him innocent and, whether do nor not he has been here long enough. We recommend his pardon." He was punished for misconduct while in prison, but the Warden certifies that there were "many extenuating circumstances."
James M. GAY, October 1867; murder; Alexander County; life; pardoned March 1875; served nearly 8 years. In this case a copy of the entire evidence is furnished, and shows that the killing was committed under great provocation. Statements show that a strong prejudice existed against the prisoner. The Penitentiary Commissioners recommend a favorable consideration of this case. A lengthy petition shows that the sentiment of the community had greatly changed, and that on clearer understanding of the case it was thought he had been sufficiently punished. A careful examination of the evidence shows that the case at the worst could have been but manslaughter.

The above review is but a very brief resume, and gives but a slight idea of the mass of evidence upon which the pardons were granted. The murder and manslaughter cases only are referred because time and space are too limited to consider those for minor offences. But an exemption shows that great care and inquiry as well as personal investigation have been given by the Governor to almost every case. There may be, and doubtless are, instances among these where the error of the Executive has been that of leaning strongly to the side of mercy. But in the great majority, in fact, substantially all, leaving the questions of mercy and sympathy out of the case simple justice has demanded the course pursued. Hundreds of cases exist where the populace and the juries are temporarily and greatly excited and incensed against the prisoners, and sentences are fixed at a limit altogether unreasonable. There are cases where for substantially; the same offense, one jury has fixed a two-year sentence, and another a fifteen year sentence.
One thing must be remembered, that the theory of the Illinois Penitentiary System is not simply revenge against erring and criminal humanity, but by the "good time" law, and by the pardoning and commuting power, the system is intended to punish and at the same time teach respect to law by firm but humane regulations. Where a convict earns, by good conduct and hard work for years the diminution of his sentence, he ought to enjoy the benefits of a pardon.
It is earnestly hoped that Governor Beveridge will continue giving the same personal attention and care to the matter as he has done, and that the Penitentiary will continue to receive the encomiums of the people of the State. It must be remembered that although the number of pardons seems large, yet they are only a very small proportion of the nearly 3,000 who have been in prison during the time.
Times have changed. The terrible punishments in the early history of prison life in Illinois in the old Alton prison, have passed, never to be revived, and an era of decency and humanity have succeeded. God grant it may long continue.

Return to News Articles

Return to Alexander County Index

2007 Illinois Genealogy Trails