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
By the Constitution of Maryland, adopted November 8th, 1776, it
is declared: "The Governor may grant reprieves or pardons for any
crime, except in such cases where the law shall otherwise direct."
Notwithstanding these strong words of grant, which seem to be as broad
as the Common Law, it was further, as if to remove all doubt, declared
by the Legislature, in 1782 (Chap. 42, sec. 3): "That the Governor,
with the advice of the Council, be authorized _to remit the whole or
any part of any fine_, penalty, or forfeiture, heretofore imposed, or
hereafter to be imposed, in any court of law." Here is no exception or
limitation of any kind. By express words, the Governor is authorized
to remit the whole or any part of any fine. Of course, under this
clause he cannot remit a private debt; but he may remit _any fine_. The
question is not, whether the fine be payable to the United States or
other parties, but whether it is _a fine_. If it be a fine, it is in
the power of the Governor.
This view is strengthened by the circumstance, that in Maryland,
according to several statutes, fines are allotted to parties other than
the Government. The very statute of 1796, under which these proceedings
were had, was passed subsequently to this provision respecting the
remission of fines. It must be interpreted in harmony with the earlier
statute; and since all these statutes are now the law of the District
of Columbia, the power of the President, under these laws, to remit
these fines, seems established without special reference to the Common
Law or to the Constitution of the United States.
If this were not the case, two different hardships would ensue: first,
the statute of 1782 would be despoiled of its natural efficacy; and,
secondly, the minor offence of "transporting" a single slave would be
punishable, on non-payment of the fine, with imprisonment for life,
while the higher offence of "stealing" a slave is punishable with
imprisonment for a specific term, and the other offence of "enticing"
a slave is punishable with a fine larger than that for transporting a
slave, and, on non-payment thereof, imprisonment for one year only.
* * * * *
_Thirdly._ Look at the case under the _Constitution of the United
States_.
By the Constitution, the President has power "to grant reprieves and
pardons for offences against the United States, except in cases of
impeachment." According to a familiar rule of interpretation, the
single specified exception leaves the power of the President applicable
to all other cases: _Expressio unius exclusio est alterius_. Mr.
Berrien, in one of his opinions as Attorney-General, recognizes "the
pardoning power as coextensive with the power to punish"; and he quotes
with approbation the words of another writer, that "the power is
general and unqualified," and that "the remission of fines, penalties,
and forfeitures, under the revenue laws, is included in it." (Opinions
of the Attorneys-General, Vol. I. p. 756.)
Public-domain text, read in full here on John Shaqi.
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