Presidents -- United States -- Messages; United States -- Politics and government -- Sources
The numerous applications for Executive clemency presented in behalf of
persons convicted in United States courts and given penitentiary sentences
have called my attention to a fact referred to by the Attorney-General in
his report, namely, that a time allowance for good behavior for such
prisoners is prescribed by the Federal statutes only where the State in
which the penitentiary is located has made no such provision. Prisoners are
given the benefit of the provisions of the State law regulating the
penitentiary to which they may be sent. These are various, some perhaps too
liberal and some perhaps too illiberal. The result is that a sentence for
five years means one thing if the prisoner is sent to one State for
confinement and quite a different thing if he is sent to another. I
recommend that a uniform credit for good behavior be prescribed by
Congress.
I have before expressed my concurrence in the recommendation of the
Attorney-General that degrees of murder should be recognized in the Federal
statutes, as they are, I believe, in all the States. These grades are
rounded on correct distinctions in crime. The recognition of them would
enable the courts to exercise some discretion in apportioning punishment
and would greatly relieve the Executive of what is coming to be a very
heavy burden--the examination of these cases on application for
commutation.
The aggregate of claims pending against the Government in the Court of
Claims is enormous. Claims to the amount of nearly $400,000,000 for the
taking of or injury to the property of persons claiming to be loyal during
the war are now before that court for examination. When to these are added
the Indian depredation claims and the French spoliation claims, an
aggregate is reached that is indeed startling. In the defense of all these
cases the Government is at great disadvantage. The claimants have preserved
their evidence, whereas the agents of the Government are sent into the
field to rummage for what they can find. This difficulty is peculiarly
great where the fact to be established is the disloyalty of the claimant
during the war. If this great threat against our revenues is to have no
other check, certainly Congress should supply the Department of Justice
with appropriations sufficiently liberal to secure the best legal talent in
the defense of these claims and to pursue its vague search for evidence
effectively.
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