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
A case has occurred in Kentucky, to which reference has been already
made, in which it is confidently and broadly assumed that the
pardoning power under the Constitution extends even to the penalties
due to informers. The following passage occurs in the opinion of
the Court. "The act of 1823 says that any prosecuting attorney, who
shall prosecute any person to conviction under it, shall be entitled
to twenty-five per cent of the amount of such fine as shall be
collected.... The act gives the prosecuting attorney one fourth of the
money, when collected, but vests him with no interest in the fine or
sentence, separate and distinct from that of the Commonwealth, that
would screen his share from the effect of any legal operation which
should, before collection, abrogate the whole or a part of it. It
would require language of the strongest and most explicit character
to authorize a presumption that the Legislature intended to confer
any such right. We could never presume an intention to control the
Governor's constitutional power to remit fines and forfeitures. _If he
can in this way be restrained in the exercise of his power to remit
for the fourth of a fine, so can he be for_ _the half or the whole.
This part of his prerogative cannot be curtailed. With the exception of
the case of treason, his power to remit fines and forfeitures, grant
reprieves and pardons, is unlimited, illimitable, and uncontrollable.
It has no bounds but his own discretion._ It is no doubt politic
and proper for the Legislature to incite prosecuting attorneys and
informers, by giving them a portion of fines, when collected; but in
so doing the citizen cannot be debarred of his right of appeal to
executive clemency." (_Routt_ v. _Feemster_, 7 J.J. Marshall, 132.)
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