Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-05-08
LAW ITEMS.

A case was recently decided et st. Louis IN the u.
S. Circuit Court by which appears that suretes
the Official bends Of Postmasters, are liable for any
moneys purlOined by the principals, whether belong
ing TO the government or to private individuals
The SoxEss CAsE-The Supreme Court of the
United States, in recent opinion given in the case
Of Charles A. Wilkins VS.. Alexander S. Mckenzie,
decided that the plea Of abatement by Mckenzie to
the jurisdiction of the Court below, the ground
that being officer Of the United States Navy. and
having acted in the exercise Of the discipline of the
Navy, he not accountable TO the civil tribunals
The Court also decided that officers of the Navy
answerable for damages for cruel treatment to the
bordinates, though it occurred upon the high
in foreign port. This will bring up investiga-
ton OF the SOmers case.
CONDITIONAL PARDoNs.-We copy from the Philadelphia
Ledger extract from the opinion Of Judge Sergeant OF
the Supreme Court OF Pennsylvania upon the validity Of
conditional pardcns by the Governor 1t win be that
the important principle announced and confirmed BY the
highest tribunal in the State that the Governor is fully
authorized grant pardon such conditions he may
deem proper aud that such condition not complied with
in the first instance the pardon is Of effect; and That II
the condition be afterwards violated the pardon becomes
null and void and that the original sentence pronounced
upon the offender revived The decision made
the 4Ih of March, 1s45.
The case was that Of Wesley Flayel and up on
habeas corpus Favel convicted OF murder in the
second degree for the killing Of his KensinglOn
few months ago, and was sentenced TO twelve years
imprisonment He was subsequently pardODed by the
Governor condition should leare tire country
return again The question raised at the hearing
the habeas corpus whether the condition annexed the
pardon valid in law, whether the pardon did not
operate as a absolute discharge of the prisoner.
The opinion of the Court delivered by Judge Sergeant
and is follows;
The charter 10 William Penn gave power TO him and his
heirs and their deputies and euenans to remit release,
pardon and abolish whether before after conviction all
crimes and offences whatsoever committed against the laws
treason and wlul and malicious murder only excepted
and in these cases grant repreves until the Kings pleas
might be known therein The Constitution of l776
initiated this modification Of the Executive power subs-
tuting The Legislature for the Crown. The power then
given giant pardons and remit fines in all cases
of and murder, grant epeyes until the end Of
the next session If the Assembly.
Under this Constitution it made lawful for the Exec
uve Council by the act Of the sth of March $780, upon
the prayer any person under sentence oil deah Tor treason
felony 10 grant 10 such paIdon so lar as respect
ed his e with the limitations Of the Constitution,
condition person within limited
depart from this State foreign parts beyond and that
he should not into this state any OF the United
States of America and not departing returning into
the United States, the pardon TO be void and he should
suffer death according 10 the sentence pronounced against
him. q Smiths Laws, 49S This act shows ihia cond
ona padoBs by strange 10 the jurisdiction OF
Pennsylvania though the condition amounted 10 ban
ishment or equalization.
When, however the Constitution of 1870 came to be
formed all restrictions and limitations the rowe of
don by the Executive laid aside and it given fully
absolutely and its most comprehensive extent BY a
ct earcd that the shall have
power fines and fOfetures and grant feprieves and
psdon except in Of mpeachmen and by present
Constitution Of 1885, though several propositions made
in the Convention limit and control the exercise Of the
power of pardon by the Executive they all oveuled
and the provision left as il stood
Now principle better settled than that for the def
milton of legal terms and cont ucton Of legal powers
mentioned in orr Constitution and laws, resort to
the law, when act Of Assembly, judicial
settled usage has altered their meaning
The act Of 2Sh January 79 the second act passed by
Assembly after the Revolution expressly enacis that the
and such Of the statute laws OF England
ed should continue to be IN force. BY the common law
there Of such nature that condition suisse
quent be attached them from its Tepugnancy
the done there Others which any condition may
be annexed which the party chooses and amongst the
latter pardons The distinction is clearly laid down by
Lord Coke (co Lit ga, b. who says express
mission Of villain cannot be condition. for once free in
that and erer free.
Also. attornment to grantee upon condition; the
condition vod because the grant is settled But
this be understood OF condition subsequent and not oil
condition precedent for in both these the condition
precedent good But Letters patent Of denization made
to alien, may be either upon condition subsequent
precedent And may the King make charter Of pardon
to of his life upon condition. as is above said To
the effect Hawkins, Blackstone, Chy, and other
writers upon criminal law.
pardon therefore, being act Of such nature that
by the law, may be upon condition. 1t has the
nature and operation in Pennsylvania AID 1t follows
that the Governor may annex 10 pardon any condition,
whether precedent subsequent not forbidden by law and
it lies upon the grantee perform the condition. ii he
does not Of condition precedent the pardon does
not take effect
case Of a condition subsequent such this before
the pardon becomes null and the condition is dot Perform
ed the original sentence remains in full rigor and b
carried into effect The pToprIey wisdom OF granting
such pardon Of terms conditions annexed,
rest with the Executive whom the Constitution emit us
this authority. Prisoner discharged
Council for the Commonwealth, Francis Wharton ans
VIM D. Kelley, Eqsi for prisoner, J. Abrams and Dav'
Paul Brown Esqrs.