Charles Sumner: his complete works, volume 03 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 03 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Under this statute, proceedings were instituted by the Attorney of
the District of Columbia against these parties, in seventy-four
different indictments, each indictment being founded on the alleged
"transporting" of a single slave. On conviction, Drayton was sentenced
on each indictment to a fine of $140 and costs, in each case $19.49,
amounting in the sum-total to $11,802.26. On conviction, Sayres was
sentenced on each indictment to a fine of $100 and costs, in each
case $17.38, amounting in the sum-total to $8,686.12. One half of the
fine was, according to law, to the use of the masters or owners of
the slaves transported; the other half, to the county school,--or, in
case there were no such school, to the use of the county. Afterwards,
on motion of the Attorney for the District, they were "prayed in
commitment," and committed until the fine and costs should be paid. In
pursuance of this sentence, and on this motion, they have been detained
in prison, in the City of Washington, since April, 1848, and are still
in prison, unable from poverty to pay these large fines. The question
now occurs as to the power of the President to pardon them, _so at
least as to relieve them from imprisonment_.
* * * * *
The peculiar embarrassment in this case arises from the nature of the
sentence. If it were simply a sentence of imprisonment, the power of
the President would be unquestionable. So, also, if it were a sentence
of imprisonment, with fine superadded, payable to the United States,
his power would be unquestionable; and the same power would extend to
the case of a fine payable to the United States, with imprisonment as
the alternative on non-payment of the fine.
But in the present case imprisonment is the alternative for non-payment
of fines which are not payable to the United States, but to other
parties, namely, the slave-owners and the county. It is important,
however, to bear in mind that these fines are a mere donation to these
parties, and not a compensation for services rendered. These parties
are not informers, nor were the proceedings in the nature of a _qui
tam_ action.
It should be distinctly understood, at the outset, that the proceedings
against Drayton and Sayres were not at the suit of any informer or
private individual, but at the prosecution of the United States by
indictment. They are therefore removed from the authority of the
English cases, which protect the share of an informer after judgment
from remission by pardon from the crown.
* * * * *
The power of the President in the present case may be regarded,
_first_, in the light of the Common Law,--_secondly_, under the
statutes of Maryland,--and, _thirdly_, under the Constitution of the
United States.
* * * * *
Public-domain text, read in full here on John Shaqi.
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