Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-09-13

ever fhall be, rightly tlnaciCus or the prin-
ciple by which shofe powers are to be sea-
ed. We are TO be governed by the conftl-
tuition as we hnd 1t, nos as It might be
modified. If the powers OF the Executive
are TOO narrow, extend them by amend
/ r,ent, but not by The violation OF the in
frunent. Til that is done We muts take
it as it is.
After The mott careful examination OF
the contribution, find no clauie expressly
authorizing the Executive 70 order the
| re4ytat;ou cf0 f1e, and thus GiVeA Inc y
nited States Of monies, once legally 4sfed
! bv a payment 10 ere O. i!.cir officers, tor
their u!e. Since then the contribution con-
ta;ns no exprels provilion OF this iost, it
remains only to enquire if aay iuch power
EXITS by fair implication !? And here again
| ] have TO COMETS, that | can fad ne word
| or phraie which can be even brought to
bear at all on the fubje6t, except the Jingle
| clanle which ccafers On tie Pseiidcat the
| right to grant reprieves ard pardons.-
And we ale thus brought to the hrgle con-
liberation, whether the power. to parton
offences neceaarily implies power OF
| reftation ?
The tern basI5a il the Englifh law
books, is applicable to various iubJeets'
There, the crown nay pardon nos Only
1 crimes md In::ffalsmeanors, bGt debts; and
1 by .Gsperate and .,iaiott prerogatiye, may
j awarsi reftitutioa OF goods and ehat'les or
lands forfeited here, however, the pow
erof The PrcGdent is expressly limited to
the granting "reprisvss nnd fnfa0as far
ef5aee, ngainf tbe U. States, except IN
cafes Of mtedcbnent. THE queitlon
therefore teGolves itfclfpreciiely into this ;
whcther right to pardon implies in its
! very eGcnce, POWER to seRore fine I'm
pofed, and already paid
In England, ali fines make part Of
the ordinary revenue Of the crown, and
are paid into the exchequer tie iole u.e
Of the king, who is the fole proprietor or
poGthor thereof, and who may therefore
! order reGitRion. But even there, al.
though in the words OF Backbone, =" the
efttf Ct tar4an hmp!y is to make the
offender new man to acquit him OF all
cortoultmalties and f,Jtiturss* anexed
= ,bat offence for which he obtains his
| Iy fee, will not operate to RETIRE fine
without express qvsrds sf ryfitnsiog. II
this country fines are not paid into the
I eXecheqler FOR Tie ufc CT the preGdent,
| but into the trealury for the ufe CT the u.
( STATES The theory Of our government
never once contemplated peyer in the
Executive over the Treafury, in any lhape.
And here it is we take the material difinc-
ton, in reference to this {ubjett between The
king Of Great Britain aad the PseGdent
OF the United States. Il may now, per.
haps, be proper, before we 60 any farthe,,
to examine the Englilh law more parti-
cularly IS the power Of the Crown, to
grant pardons. | hold it to have been
long 6nce iodifpu'ably (e,;led, by courle
Of authorities, that where Ike J4J5rl7, or
| InbjsGs geueraHy, .bavs an i4fcrsa il The
fae, tbsrs tie Crozvn caaaot mts5pgi to
order ry2jfuaoe to tbs point authorities
lhall be Produced,
% A pardon does not d.foharge thing
in which The iubjctt has property or in
terea." Refolved, s Gro. 5l,a 3 Med.
So, Gro. Car. 557,S.
j" A psa0ly upon a conviction for
deer Realing is not discharged BY pQyaox
fri is a Jorfitars 70 tie fary grieved
ana he .datb an mfe,ef IN lie psxdly."
Semb. Salk. $50. 4.
!" The Crowns fhare Only OF for
fixture is pardoned by an act Of general
pardon" Temp. Anu. Parker $50.
" After an a6ion popular, brougha ten
pro domi@0 qnam fyo .JrH/o, according TO
any Ratuc, the king cannot iicharge but
bis own part, and cannot difcterge the
informers part. 3 Gro. .Lns s38. Str.
so,gIz7z. 7IG Geo. II.