Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1825-04-26

10 remi, fines and penalties accruing to
the people OF the different Counties Nor
are we to be surprlzed at this, but rather
at the strange decision OF The young
Judge Of our new Circuit Court, III de-
claring that 10 be illegal which has been
practised from time immemorial in our
mother country, and from the earliest
periods of our existence, as well willie
we were colonies, as since we became
sos ereign states. And as this power
which has been so long exercised, has
now for he first Time been denied, II ess
be presumed that The senslbillties oi do
court were strongly excited, ana lis la
culiies awakened by the foul, Hserant,
and horrible character OF the ollencc
" hlch it was intended 10 relieve. he
heinous osfoDve with which Edward
Coles stands charged, and tor which Tie
Judge has exerted himself SO much 20
have him punished, is restoring liberty
to his feiioz2 man. For this uupardone-
bic crime, il seems there Is no power 10
save " II is case" says the Judge,
6 GU, Of the reach OF any department" ---
Yes, il man murders his fellow man,
he can be pardoned; if he ro bs his fellow
being oi bis liberty, OF his property, nay,
he may do what he pleases, bur h5erats
Siave8, and he can be released from HE
consequences Of violating The law. Ia
proof OF the estimation in which our
courts OF justice consider the act OF lbe-
rating slaves, j, is on record that al the
same term at which Coles was sentenced
to pay $500 a piece for the negroes no
emanc iapted, Lamkins ,was sentenced 10
pay but $3.50 a piece for four negroes he
kidnapped. THUS we have judicial au.
therty Tor saying, that emancipa,ing is a
greater crime than kidnapping.
But in addition 10 The novel and erros
neous doctrine advanced by the learned
Judge. he has isllen inlo some exlraoe-
binary errors, which it is difficult 10 re-
conci'e with that laborious research
which is evinced in his opinion. Ii would
seem his zeal had gotten the better OF his
memory, as we'll as his Judgment Foe
he says, "we have only 10 look TO the re-
cord when the original cause of action
has merged in the judgment. A Judg-
ment is contract III law, and the highest
character @. contracs know TO the law"
And then he reasons 10 show the law is
unconstitutional because it violates this
| contract. Now gent. reader there YVES
no judgment, nor does the record of his
Court show that tuere ever was, or even
to this day that judgment has been
pronounced in this case. How can wa
underssand this Ii Judge commit
such errors as this, where The fact can
be so easily asccrlaincd, bow much
moresl kelly Is he to commit bsunders ia
examining old and volumnious tolios,
| which are in the possession and read By
none but Lawyers. But " hat is equally
astonishing was his quotation Of our con-
Stltuiion. Il Is wei! recollected that whea
the Judge read his opinion from the
bench, he said ",he Constitution of the
State it is true, declares that the Execu>
tive shalt have power to grant reprieves
and pardons, and 70 release fines and re-
! naAiea." Ihis erroneors citation oil the
Constitution having been noticed by the
bysianders, and some comments made
Al m 1t, II was corrected before il was
sent TO the press, by striking cut the
WI 40 ii' i'o'ASo, ou' IA NV HaStS 10 Id3
it before the public, it was forgotten to
correct the reasoning which was founded
on the passage. We need not inquire,
says The Judge, whether he Legislature
can in any case remi, fines and iorfei-
lures; such power not being erhrcGa-
" given 10 that department OF the go-
vernnen', by The constitution. II is tire
Executive in 7yhom TIE heohle hare con.
fded this high houer.' He goes on ia
this train OF reasoning to show that if the
power to remit Ene exist any where it
is with the Governor. And not con-
tent with snnu'ling the law OF the Legis-
la'ure, in tie fuIness ofhis zeal, he ,akes
upon hieself to decide for the Execu-
tive, and declare that the Governor has
no power to remit fine coming to the
people Of county. If the doctrine ad.
vanced by our learned Judge be correct
we are placed in most awkward and
unfortunate situation. For if an indiyi.
dua for soue trivial offence, should be
sentenced to pay fine, and he has nei:
Their money or friends, he will have TO
go to Jail, and there remain beyond the
rc!iet, according to the Judge, of any
" funcIiunary OF the eoyernm emit" until
the Grea, Ruler Of the Universe sha!s
relieve him by the m asseDger Of death,
II this is what the Judge is pleased tn
call "the spirit and principles OF the
constitution" | should be as anxious to
sf l. 1.