The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1817-05-14


ry to the dis;,ict Judges was read OH
tuesday morning at the opening Of the
district court in this city:
(CfRCULAR)
Treasury Ds!harfmeD., .fArH ;, lsi7.
S!R-.Doubis having arisen whether,
under ,he acts prerjtling for mitigating
or reniii,ing iae forieiiures, penalties
ana disabilities acc.uiHg IN certain ca
ses therein mentioned. passed the third
day Of March, 1917, the secretary %
the treasury can righJfuly exercise the
authority thcrSin conferred, after the
sentence Of the district court has been
executed, or sfter 4 cause has bsen
wlthdrawD fcom it b. appeal or writ OF
error, the case has ueen referred to
the attorney gsDe,li, Who has given an
opiaion adverse - Tire exeeciSc OF this
Pnwer u9der suth circumstances RS
i%is opinion l. uGiC, stood 10 BE coiaGi-
dent with tia! Of the Judges Of the ST.
preme court ci the United States,
have determined TO be governed by ii.
My respect fot t%e judges OF tie dis
u'cl courts, and my desire 70 relieve
ihcm IRON the trouble of making suns
mary examinations where no practical
benefit could &c derived from them by
'he parties, induce me 10 make this
communication.
Ribs Information may, also, be high
y useful 20 the parties Themselves, WHO
Eli, N Future, apply directly TO lht
treasury department for relief, when he
violation has heen unInteRtIonai. Ii a.
cases whcrc the count, upon hearing
the evidence shall be az opinion that tbs
case rrqaircs o. ius:ifes lie iatc!pos.
i'on ct .hc >ce.e.ary OF Tic treasury, IL
IS expedicng That that course should be
aGgS :s!ed and thai the postponcment Of
lie judgmest OF the court necessary to
make ;hc application, should; be grained.
have he honor 20 be very respect
!usly, sir, your moss OBJ. servant,
WIN. II. CRAWFORD.
To !hs Hon. Tim. p. Yan Ncss.
This :suer establishes Gf treasury
'oapdate can establish any thing in the
anuris Of This country several impor-
ant principles net hitherto recognized.
lst. Tha, the secretary cannot inter-
iere 70 remit a:.er u condemnation by
Inc cou't.
This is contrary 20 the practice Of
the treasury department, and the cen
s.ructlon givea by Mr.. GajIatiu,
w"en secretary oE the treasury, and
since approved and acted upon by his
Successors, who raTe a.! ieid that for.
Fatfnra a. L.
condamua,on tsd Dsf9re The secre;a.
ny could stgh.tu:lY interfere.
ID. fhat he secretary Cannot remit
after al a7peai o. wri: Of error
Mr.. secretary Daii.s ,Mought the CT,
tizens had right 10 ,ah@ the opia;an of
different courts GPan their Iigh;s; and
Ihcre arc several III tanLes of remissiors
by him where the parties had prosecu.
led appeals and writs Of error.
Sd. That parties may appiy TO the SC
crc:ary direct fer relief without The III
terveE Ion OF the court.
: This is believed TO be directly con
,rary 10 the provisions ct the gcmilting
act
4,a. 1t directs tbs district Judges 10
suspend or postpone giving Judgment
where they coHSfd-r tbs su:.or emitted
o relief ~ petition.
This Is coGtrArJ 20 lha genius cf cur
laws which aiiows ei.her party To ask
the judhmcn. ol ihg curt ppoo is
! lights
Upon tuc who!e, we recommend This
circular 20 tho cxAmiooiioa OF tn oar.
] Is IL ua:rytv; y1Fy l:.Cb the DTlgCiulcs