the name of R. D. Arthur was serving a sentence of ten years for larceny. His mother and sister living in Fayette County, prevailed upon the Governor to grant him a conditional pardon after three years of his term had expired. The conditions upon which the Governor consented to release him were as follows: first, abstinence from the use of intoxicating liquors as a beverage; second, the use of all proper exertions for the support of his mother and sister; third, that he should not violate any of the criminal laws of the State. By the terms of the pardon the Governor was to be the judge of the violation of these conditions. The stipulations which were signed by Arthur accepted all of the conditions with the agreement that if he violated any one of them he was liable to be arrested and reimprisoned for the full unexpired term of his sentence. The conditions were violated, the Governor caused a warrant to be issued for Arthur’s arrest and he was recommitted to the penitentiary. The prisoner sued out a writ of habeas corpus and was brought before the District Court of Lee County to test the legality of his reimprisonment. Two points were raised on demurrer to the writ. First, that the Governor could not grant a conditional pardon. Second, that the violation of the conditions could only be determined by judicial investigation and not by the Governor. The District Court held that the points were well taken and the prisoner was discharged. An appeal was taken to the Supreme Court and the decision of the District Court was reversed. The course taken by the Governor was sustained and a precedent established which has been followed by Governors since, conditional pardons being not uncommon. In many cases the offender becomes thus thoroughly reformed and continues to remain a law abiding citizen.
Governor Kirkwood resigned the executive office on the 1st of February, 1877, to take his seat in the United States Senate and was succeeded by Lieutenant-Governor Joshua
