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
2. Under the statutes of Maryland, now the law of the District, the
Governor, and, of course, the President, may remit "the whole or any
part of any fine," without exception.
3. Under the Constitution of the United States, and according to its
true spirit, the pardoning power of the President is coextensive with
the power to punish, except in the solitary case of impeachment.
* * * * *
Several courses are open to the President in the present case.
I. By a _general pardon_ he may discharge Drayton and Sayres _from
prison, and remit all the fines and costs for which they are detained_.
Such a pardon would unquestionably operate effectually upon the
imprisonment and upon the costs, and also upon the half of the fines
due to the county. It would be for the courts, on a proper application,
and in the exercise of their just powers, to restrict it, if the pardon
did not operate upon the other moiety.
Among the opinions of the Attorney-General is a case which illustrates
this point. In 1824 Joshua Wingate prayed for a credit, in the
settlement of his accounts, for his proportion of a fine incurred
by one Phineas Varney. It appeared that suit was instituted by the
petitioner as Collector of the District of Bath, Maine, on which
judgment was obtained in May, 1809; the defendant was arrested and
committed to jail, under execution on that judgment, and the fine was
afterwards remitted by the President. The petitioner contended that the
President had no constitutional or legal power to remit his proportion
of the fine, the right to which had vested by the institution of the
suit. On this Mr. Wirt remarks, that "it is unnecessary to express
an opinion upon the correctness of this position, because, if it be
correct, the act of remission by the President being wholly inoperative
as to that portion of the fine claimed by the collector, his legal
right to recover it remained in full force, notwithstanding the
remission; and it is his own fault, if he has not enforced his right at
law." (Opinions of the Attorneys-General, Vol. I. p. 479.)
A general pardon cannot conclude the question so as to divest any
existing rights. It can do no wrong. Why should the President hesitate
to exercise it?
II. By a _limited pardon_ the President may discharge Drayton and
Sayres simply and exclusively _from their imprisonment, without
touching their pecuniary liability_, but leaving them still exposed
to proceedings for all fines and costs, to be satisfied out of any
property they may hereafter acquire.
Public-domain text, read in full here on John Shaqi.
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