Charles Sumner: his complete works, volume 03 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 03 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
If the imprisonment were a specific part of the sentence,--as, if they
had been sentenced to one year's imprisonment and a fine of one hundred
dollars,--beyond all question they might be discharged, by pardon, from
this imprisonment. But where the imprisonment, as in the present case,
is not a specific part of the sentence, but simply an alternative in
the nature of a remedy, to secure the payment of the fine, the power of
the President cannot be less than in the former case.
So far as all private parties are concerned, the imprisonment is a
mere matter of _remedy_, which can be discharged without divesting
the beneficiaries of any rights; and since imprisonment for debt has
been abolished, it is reasonable, under the circumstances, that this
peculiar remedy should be discharged.
III. By another form of _limited pardon_, the President may discharge
Drayton and Sayres _from their imprisonment, also from all fines and
costs in which the United States have an interest_, without touching
the rights of other parties.
This would set them at liberty, but would leave them exposed to private
proceedings at the instigation of the owners of the "transported"
slaves, if any should be so disposed.
IV. By still another form of pardon, reference may be made to the
Maryland statute of 1782, under which the Governor is authorized
"to remit the whole or any part of any fine," without any exception
therefrom; and this power, now vested in the President, may be made
the express ground for the remission of all fines and costs due from
Drayton and Sayres. By this form of pardon the case may be limited, as
a precedent hereafter, to a very narrow circle of cases. It would not
in any way affect cases arising under the general laws of the Union.
In either of these alternatives the great object of this application
would be gained,--the discharge of these men from prison.
CHARLES SUMNER.
May 14, 1852.
* * * * *
PRESENTATION OF A MEMORIAL AGAINST THE
FUGITIVE SLAVE BILL.
REMARKS IN THE SENATE, MAY 26, 1852.
In the Senate, Wednesday, 26th May, 1852, on the presentation of
a Memorial against the Fugitive Slave Bill, the following passage
occurred, which illustrates the sensitiveness of the Senate with regard
to Slavery and the impediments to its discussion. Mr. Sumner said:--
Mr. President,--I hold in my hand, and desire to present, a memorial
from the representatives of the Society of Friends in New England,
formally adopted at a public meeting, and authenticated by their clerk,
in which they ask for the repeal of the Fugitive Slave Bill. After
setting forth their sentiments on the general subject of Slavery, the
memorialists proceed as follows.
Public-domain text, read in full here on John Shaqi.
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