Opinion of the Justices to the Governor
Massachusetts Supreme Judicial Court
On January 11,1912, a letter from the Governor, containing the following questions, was transmitted to the Justices of the Supreme Judicial Court. On January 12, 1912, the Justices returned the answer which is subjoined. The letter was as follows: In relation to the death sentence imposed in the Phelps case, I feel it incumbent upon me to ask the Supreme Court of Massachusetts for a decision as to the responsibility of the Governor in cases involving the capital sentence.
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On January 11,1912, a letter from the Governor, containing the following questions, was transmitted to the Justices of the Supreme Judicial Court. On January 12, 1912, the Justices returned the answer which is subjoined. The letter was as follows: In relation to the death sentence imposed in the Phelps case, I feel it incumbent upon me to ask the Supreme Court of Massachusetts for a decision as to the responsibility of the Governor in cases involving the capital sentence. Article eight, Section one, Chapter two, of the Constitution of Massachusetts, says that “the power of pardoning offences…
1Opinion of the Court
To his Excellency
Eugene N. Foss,
Governor of the Commonwealth of Massachusetts:
The Justices of the Supreme Judicial Court, in reply to the questions presented to them, respectfully submit the following answers:
The power, duty and responsibility of the Governor respecting pardons is found in the Constitution of the Commonwealth. Article VIII, Section I, Chapter II of Part the Second provides that “ The power of pardoning offences, except such as persons may be convicted of before the senate by an impeachment of the house, shall be in the governor, by and with the advice of council.” The words…
2Cases cited2 opinions
- Kennedy's CaseMassachusetts Supreme Judicial Court · 1883
- Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1906
3Cited by10 opinions
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- Commonwealth v. ArsenaultMassachusetts Supreme Judicial Court · 1972
- Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1938
- Answer of the Justices to the GovernorMassachusetts Supreme Judicial Court · 1913
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