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
_First._ As to the _Common Law_, it may be doubtful, whether, according
to early authorities, the pardoning power can be used so as to bar or
divest any legal interest, benefit, or advantage vested in a private
individual. It is broadly stated by English writers that it cannot be
so used. (2 Hawkins, P.C., 392, Book II., chap. 37, sec. 34; 17 Viner's
Abridgment, 39, Prerogative of the King, U. art. 7.) But this principle
does not seem to be sustained by practical cases in the United States,
except in the instances of informers and _qui tam_ actions, while, on
one occasion, in a leading case of Kentucky, it was rejected. (_Routt_
v. _Feemster_, 7 J.J. Marshall, 132.)
But it is clearly established, that, where the fine is allotted to
a public body, or a public officer, for a public purpose, it may be
remitted by pardon. This may be illustrated by several cases.
1. As where, in Pennsylvania, the fine was for the benefit of the
county. In this case the Court said: "Until the money is collected
and paid into the treasury, the constitutional right of the Governor
to pardon the offender, and remit the fine or forfeiture, remains in
full force. They can have no more vested interest in the money than
the Commonwealth, under the same circumstances, would have had; and
it cannot be doubted, that, until the money reaches the treasury, the
Governor has the power to remit.... In the case of costs, private
persons are interested in them; but as to fines and forfeitures, they
are imposed upon principles of public policy. The latter, therefore,
are under the exclusive control of the Governor." (_Commonwealth_ v.
_Denniston_, 9 Watts, 142.) The same point is also illustrated by a
case in Illinois. (_Holliday_ v. _The People_, 5 Gilman, 214-217.)
2. As where, in Georgia, the fine was to be paid to an inferior court
for county purposes. (_In Re_ Flournoy, Attorney-General, 1 Kelly,
606-610.)
3. As where, in South Carolina, the fine was to be paid to the
Commissioners of Public Buildings, for public purposes, (_The State_
v. _Simpson_, 1 Bailey, 378,) or the Commissioners of the Roads. (_The
State_ v. _Williams_, 1 Nott & McCord, 26. See also _Rowe_ v. _The
State_, 2 Bay, 565.)
According to these authorities, the portion of the fine allotted to
the county, or to the school, may be remitted. Of this there can be no
doubt.
* * * * *
_Secondly._ _The Statutes of Maryland_, anterior to the organization of
the District of Columbia, may also be regarded as an independent source
of light on this question, since these statutes are made the law of the
District. And here the conclusion seems to be easy.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account