The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-07-01

Ths ParasnAng Fewer.
The True Delfa hsk recently condemned TN
President, for rsnitting the forfeiture of certain
ships end pardoning the guilty mastsss, with the con
dition that the fins shall b paid, amounting, il
sach instsnce, 70 several thousand dollars In the
- Of Tho Qtlla, the owner was British shir
master, who had invested the savings of a life o.
labor and hardship in this ship, had entrusted her
others, was absent at the time of the charter party
aud knew nothing Of the transaction. When in
dicted, he pleaded guilty; and admitted that hi,
case was within the act; prove l his ignorance O.
the nansaction, and threw himself on the clerency
Of the President.
The True Delta not only condemns the exercise
of clemsncy, but denounces the act of the Presf
dent, in granting the pardon and rsnission in ad
vance Of the conviction, " as a gross and indefen
sibls ussrpation Of po,Oer." This charge has beer
twice made. We shall not handy epithets witt
the True Delta, but will give him ths law:
We have never called in question the right o
the President to pardon or reprieve we know bet
ter than TO do that !; but we have denied his rieh
to pardon an accused party on presumption of gnil
and before GrrdignSstnt and conviction and W.
still deny him the possession of any such power
We have denied to him the power to remit penalty
before the laws had declared it be incurred, and /.
make Punishment contvary to the express terms O.
the actef Congress-"
The President, by the Constitution, is invested
with the power to grant ,reprieves and pardon.
for offences against u United States, except il
cases of impeachment" Judge Story says, in hi,
Commentaries, vol. 8, p. 1853:
Subject to these exceptions, Gmpeachments ant
contempts) the pardon is general and unquslified
reaching from the highest to the, lowest offences
The power Of remission of fines and forfeiture i,
included in itend may, inthe last resort be exer.
cised by the executive, althoughn many cases it il
BY our laws eonidsd to the Treasury Department
No law can abridge the constitutions powers of the
Executive Department, orsipterrupt its right to
interpose by pardon in sucE sses"
The gardening power il the prerogative of the
British sovereignty. 1t will be conceded that the
trainers of the Federal Constitution, had the British
Constitutions in their minds when this power was
conferred on the President
Chief Justice Marshall says
The Constitution gives to the President in
general terms, the power to grant repreves and
pardons for offences against the United States.
As this power had been exercised from time
immemorial by the Executive of that nation, whose
language is our language and to whose judicial
institutions ours bear close resemblance we
adopt their principles respecting the operation and
effect OF PARDON and look into their books for the
rules prescribing the manner in which is to be used
by the person who would avail himself of it," 7Pe
tiers, $50 U. s., Wilson.
With this high authority to justify our reference
we turn to the English writer's to ascertain the
time when the pardon may be granted, and the
conditions which may be imposed Hawkins laws
it down that party must plead pardon, If he has
it. before the verdict. "The Kings charter of par
don must be specially pleaded, and that at the
proper time for if man is indicted, and has par
don in his pocket and afterwards puts himself upon
his trial by pleading the general issue, he has
waived the benefit of such pardon. But if
man avails HIMSELF as soon as by course of law he
may, pardon may either be pleaded upon ayraign-
mont, or in arrest of judgment, or in the present
Dtage of proceedings in bar of execution
The effect of such pardon by the King is to
make the offender new man to acquit him Of all
,orporeal penalties and forfeiures annexed to that
'ffence for which he obtains his pardon" Jacobs
LAW Dictionary.
Chitty treats fully of the time and mode of
leading pardon on the trial, and cites numerous
fancy, Attorney General, in speaking of pardon,
avs: This doctrine (of the waiver of pardon by
ne plea of general issue) is not meant to be con-
ended for 1t is admitted that he may avail him. |
slf of it at any time by plea, before or after
sydict, confession. But unless he pleads it, or
some way claims its benefit, the Court cannot
otics IL The whole current of authority estab-
shes this principle" He cites Hawkins,
omyng, Bacon, Foster, Arch, and many ad.
dged cases. Wilson's case, 2 Peters.]
" Notwithstanding this general assertion, Chat
here one hath pardon and doth not plead it, but
lkes the general issue, after which he shall not
ssort to the pardon, Hawkns,) a Court would
permit pardon to be used after the
eneral issue. Still, where the benefit is to be |
btained through the agency of Court it must be |
rought regularly to the notice of the Court" |
Peters, $50. United States cs. Wilson.
Such is the language of Chief JutGce Marshall. |
After this array of authorities, we hope the True
)elta will cease TO speak Of the Presidents pardon
efore conviction, asa gross and indefensible
lsurpation of power" M
We now proceed to examine the offence com.
nitted, by coupling with the remission of confisca
ion and imprisonment, the infiction of the fine.
I'VE have denied, and do here again most posi-.
lively deny, the right Of the President to impose bv
authority Of his own individual will, pecuniarv
nulct Of fifty dollars head on the passengers car.
led on the English ship Otilla said passenger,
'Tceedtng the number Of troenty in the qohoIe,
which worked the absolute forfeiture of the vessel
IN the facts being made out in court Of Justice
md said forfeiture must either be complete and ire
,ocable or absolutely remitted in full, the act of
Congress leaving NO intermediate course open to
he Executive
The act Of Congress inflicts certain penalties.
We see nothing in its tenor to abrdge the power Of
he President. But such clause would be nuaa.
ory as the Constitution gives the power, and Con
yress cannot in any degree affect it.
We again quote from Chief Justice Marshall
A pardon may be conditional and the condition
inflicted by the Judgment"
pardon may be extended to the subject en-
my condition which his Majesty thinks fit 10 an.
mex, whether precedent or subsequent, on the per-
ormance of which the validity of the pardon will
depend"
Chtty cites Coke, Moor. Hawkins, Blackstone,
and Bacon.
The President cannot force the pardon on the
,wner of the Ottilla. That was decided on the
rial of Burr The owner may accept or reject il.
If he accepts, he must take it with the condition
annexed, which is that he shall pay the fine OF
his legal guilt there is no dispute; he coniesses it,
and tbs President, under all the circumstances,
RENTS part of the penalty.
We have shown conclusively. by the highest
that the President has right to pardon
an offender before conviction, and to impose the
conditions on which the pardon is granted.
We suggest to the True Delta the advantage of
studying law question before it pronounces an
opinion, more especially when that opinion, if cor.
rect convicts the President of ga gross and indie