Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1825-11-19


found | was correct. In addl;ion to this,
have examine The written opinion
which was read IN this case in the hand
writing of Judge M'Roberts, and found
III it the words release fines and for
leitures.' II is true, as stated in the
piece signed Justice" tina, the pen had
been run through them, but there can
be no doubt this was done IN consequence
of the remarks made upon it. II sny
one doubt, lei him read the opinion as
printed, and he will be satisfied from
the language that the writer OF it sup
posed that 10 be the constitution, or else
how can he reconcile such remarks as
these -" The constitution Of the state
Il Is true decl.res that the executive
g" snail have power 10 grant reprleVes
and pardons." Tins graGt OF power can
only be intended, and CAP only be exer-
clsed, when the state is a,psry nor can
II be exercised though he state were
party unless tie tine belongs 20 the state
" here il belongs TO an iuibrmer the exc
cu,iye cannot release il. This proce eds
epon the principle that by thecommgnce-
ment Of sui the right OF seton vests IN the
plaintiff, and witch no subsequent act OF
he legislature or the iuncUonaries OF
the government can divest. We need
not inquire whether The legislature can
III any case, remi, fines and fcrfsltureS
such power not beng e1freSsty giUen
70 that department Of tie government by
The eonotitatton. 1t is the executive to
whom he people save couidsd THIS high
power. THIS grant Of ho7per to the ere
citipe, however does not, II would seem,
necessarily prcc lude the eXercls e OF the
same power by the people through The
legislature" Can a,y man doubt, after
reading these remarks from the opinion,
as printed. but that Judge M'Roberts
believed, and did represent the oonst!tu-
ton as having expressly given the pow
er TO the eXecuIne 10 releuso fines and
iorfeitures. L he did no, thus quote the
constitution, how can we understand the
above comments upon II. When he
says that :" this gra'il OF power 60 grant
rePfieves and pardons as he now WISHES
TO represent ~ can only be intended and
can oaiy be exercised, Mhcn the state /,
parry; nor can 1t be exercised though
the STATE were party, uhiesS The hne
belongs 10 the state when 1t belongs 10
the iDlnrtDcr the executive cannot re-
lease it," | would ask are not these
comments based upon the supposi,ion
tha, the coas tuition has given by e-c-
Press terms the power 10 the executive
to release fines How else can you make
sense of them? For il will be recolect-
parry in every case IN which the power
40 reprieve" or "pardou" can be ex-
erclsed. Bat he ailtdes not 10 crime,
which Is susceptible OF rep,'cve or par
don, but to the releasing OF a tine which
belongs TO the state. A gain he says,
the power 10 remit fines AID 'orseiiures
IS nol expressly given to tAc legislature,
bu; " it Is the executive 70 whom the
people have ccnnded This tlgh power.
Ibis gfaGt OF power, to the executive,
hoWever, does not" he contends, neces-
sarily preclude It's exercise by the iegis
laiute Prom the foregoing citations,
ana willing 10 leave it 10 eny unpreju-
diced man to say whether have" grossly
nisrepresenie his laoguage add senti-
ments, and imputed to hiN such as he
never used nor en,ertained;" bot OF the
contrary it il is DOT proven from his own
opinion as prioted, thai Judge NJ Ro-
bsrls did therein misrepresent the con-
siituion, and that taking his own words,
in connection with my recollection Of
what ne said on the bench, and the fact Q.
the erasnre il bis opinion, whether it is
no, clearly shown that he did misquote
the constitution as stated in the piece over
the signature of JusIice"-his denial
to the contrary Notwithstanding.
judge NJ Roberts second item is in
these words !" You have s1aied that
which is not true when you say that
have decided that no ine can be released
after it once accrues."
deny having made any such state
ment; but on the contrary stated that,
even in his (the Judges quotations,
culled as they have been, it is admitted
that fine coming to the King, as they
say in England, or as we say to the peo-
pie, tor they are the sovereipns in this
country, can be RENTED by the govern
ment; but the profound Judge could
not in all his researches find case
where it had been decided that the sove-
reign authority of the land could not re-
nit fine accruing to the people of q
county" Again l say, Judge MIRO