He must do one of the following things:— AERS 39.1
1. Disregard the strict claims of law and justice. But this, of course, is evil in its tendency, giving license to crime, and favoring lawlessness, rather than restraining it, which latter must remain the true object of government. This, indeed, is the very thing we have all the time been guarding against. We cannot admit this, it being dangerous to the Government. Because if the claims of the law may be disregarded in one case, they may be in many—they may be in all; and then government is at an end. And if the executive sets the example of disregarding the claims of the law, others may thereby be led to follow his example, or all may; and the result is the same—lawlessness and anarchy. And all this from following the example of him who occupies the throne of justice! The very thought is, in the highest degree, abhorrent. Only one way remains possible by which pardon may be granted without trampling on justice, and endangering the Government; that is AERS 39.2
2. Make satisfaction to the law by voluntary substitution. If the substitution be voluntary, so that the substitute be satisfied, and the full penalty of the law be inflicted, so that the law and justice be satisfied, all must be satisfied—all conflicting interests and feelings must be reconciled. Let no one say, to oppose this, that such is not the case when pardon is granted in human Governments; for these are imperfect, and instead of conforming strictly to justice they can only hope to approximate it. The interests above referred to are never harmonized in human Governments. In these, if the prisoner is punished less than the penalty indicated by the law, then the law is deprived just so much of its due. In such case, justice is not reconciled or vindicated; it is suspended. All must see at a glance that the means herein proposed alone obviates all difficulties. Let us further examine its effects. AERS 40.1