Jenks' Portland gazette. [volume] (Portland, Me.) 1803-1805, 1804-10-08

~ VI TWO, HunuTSu OOildIS III iuii, ui- a"sou"e
" Of my Inc paid agfeeablyto my ientencr on
sc the fourth of March lait. in te'timony
" whereof have hereto &c, my nand the date
4" above.
"JAMEs T.CALLENDER"
/" felt Henry Pace, Richard Malon."
Thefc documents prefent US iho following
facts that M. Jeferlon, as early as the
twelfth day of his proficiency, pardoned an UNI
princpled libeller, who had been jnitly ienten-
ced to imprisonment, and lipe OF two hun
dred dollars that this fine had been paid to
the proper officer for the ufe OF the United
States, previouny to the date of the pardon
ehat notwithstanding, the PreGdent by his a
gent diseaed it to be reRoTed TO the convicted
without the authority Of law; that the Mar
ihal, in Whole hand il was, before its rettora-
ton doubted of the legality Of it, and called the
attention of the then Secretary Of State to his
accompt current, in which this fine had been
pa!Itd to the credit Of the Unned States that
however. in conieGuencc of the opinion Of the
Secretary, that before fine is paid into the
rreafury, though in the hands Of an officer of
governments; pardon RENTS and reitores it to
the party, it was actually repaid.
The contribution, in article fra, fection
nir'h, provides that no money iha!l be drawn
from the Freafury, but in consequence Of APP
preparations, made by law. 10 determine
then whether the preceding act Of .hePreaisnt
is conititutional, or not; we have only 10 de-
rc.innc. whether money. in poG-lio OF an a.
gent of government, and in his accompt paHcd
to the credit of it, may not be conidered to
every intent, as in the rteafury For if 70, it
l. IL Al. ~.
power to remit it by pardon
The PRECEDENT is veited with power 20 par
don offences againh the United States bu,
is it not unqualified. 1t is rstrit.ed and linz
tied by the clauic in the contribution, we have
vecited, to penalties, where judgment has not
been executed. Even the Secretary did not
pretend that money, paid into the, ireafury,
could be remitted by par Ion If it cannot,
when then can it be conGdered as in the treat
ury' When Judgment is executed BY the pay
ment oFthe iine to an agent of COVE nment
for tentence is there as completely performed,
and the offenders right to the money, paid, as
completely deitroyed, as when the agent attu-
ally pays it to the treaturcr. On payment to
Al. officer, the nation as moral pe,fon, ac-
quirss an immediate intercit in it, which can
only be divrited by an appropriation to ipeci6c
objects by proper authority. This doctrine is
Imported by BLACKSTONE. In the fourth book
OF his commentaries he fays; +" that on an
:" indictment at the fut of the king, the king
" may pardon and remit the execution on
" an appeal at the iuit of private fubiea
" make atonement for a private wrong, the
" king can no more pardon it than he can re-
" nit the damages, recovered on an action Of
battery" Indeed contrary opinion involves
consequences, which the preien, administration
once would have comta:teI with all its force.
lt.may place the whole revenue Of the United
States, at lcait at the temporary dfpofal of the
p idcnt for il he can confront the trca fure
of the nation on one pretence, merely bccaufe
it is not depo!itei III the vau Is of the treafury.
there is nothing to prevent him from doing it
or any other. He might inlen!ib!y Zap The foun-
'laton of public juitice. 1t impoili5le to az.
ign any rcafon, Why an actual depoiit in the
tfeafury f,ould give the United States a more
perfect right than they had to the fame fun,
while remaining in the poilc!iou Of an officer
Their right cannot be lei. perfect in the latter
than in the former cafe. We may therefore
infer that the money cannot be RENTED by
pardon, when once it is in trult for the nation !;
ana consequently that the rctoration OF CAL
LENDERS line by MIR. JsFsGasos was uncon.
ltitutional.
The circumstances, attending this aa of the
PRECEDENT, add not one laurel to his fame. In
the fri moments of his proficiency, the un-
2rincipled defagner CT his prcdeceilor was par.
doned for coniud deferving the ievereN rep
retention.
He directed an officer indebted to the nation
for the reception of fine TO reifore it in viola
ton OF bis duty. Though The amour, of it was
not great, 1t may be precedent for the future
application of millions Of the national revenue
to any object, inclination NAV lnggcf Yet,
TO this imall fun. no perrona virtues in the
iubject of an i'll judged mercy gave any p-cul-
lar claim. This alien. for aliens fcem to re-
oeive the executives highef attention, could
neither hoan Of moral cb,,,gAar nor ,h. &,