The daily union., 1852-08-18
The Pardon OF Drayton and sayres.

uuOu cuipOWeIs ffcsiucnt 10 IepIltFe5 anu
pardons for offences against the United States except in
cases OF impeachment" Under this grant OF power, Mr.
Fillmore has, we stated on Sunday, discharged two
persons from imprisonment who held in custody for
lines due TO prtUa,s iadiUdus. for ghevous outages
which had been committed them The President is
tained by an opinion OF the Attorney General; but Mr.
Crtenden's Arguments have not been laid before the
public, trust may not be deemed presumptuous in
declining q consider his conclusion binding author
ity, especially he belongs to school which construes
the constitution in la,itudnous than we
do.
Many penal statutes which impose fine give portion
OF the fine to the nfomer who brings the guilty party 10
punishment, to the individual who has been aggreved
by the violation OF the law. When portion OF the fine
is given TO the inormer it is intended reward to in
duce citizens TO themselves TO bring the law-breaker
TO punishment; when 1t given 10 the person aggreved
is in the nature ot damages for injury inflicted In either
case, think the has interest in or control
over H. any than any other sum OF money adj
judged TO be due an individual. Government has moth
ing TO do with it but to furnish remedy TO enforce lie
payment, it furnishes remedy TO enforce payment
OF judgment on bond. The law OF Maryland, under
which Drayton and Sayres convicted is OF this
ure. and il clearly recognises the abduction OF slaves
an injury TO the ownsr to be punished by fine, one-haf
OF which is for the recompsnse of4hat injury The law is
in these words:
"And be further enacted, That any person persons
who shall hereafter be convicted Of giving pass any
slave, person held service shall be found assist
by advice Donation loan otherwise, the transporting
of any ave any person held service from this Statc
by any other unlawful deprivng a master or
Of the service of his slave, held service,
for every such offence the party aggreved shall
damages in action on the against such offender
offenders and such offender offenders also shall be
liable, upon indictment and conviction upon verdict
feson Otherwise in this Saie in any county in
which such offence shall happen, to be fined
ceedng hundred dollars the discretion of the court
half to the of the master or owner Of such slave
the other half the county school, in there be
if no such school, to the use of the county"
This law is exceedingly mild II was passed at
time when slaves might be safely carried through nom
slaveholding States, without fear of abolition inierfe-
renee, and they not enticed from their by
the dangerous incendiary appeals which are ad-
dressed to them now Drayton and Sayres were tried
under this law for offence which is deemed by
those communities in which il can be committed as OF
the most wanton and Infamous character. They were
convicted in sevenyfour cases; and one of them
fined one hundred, and the other hundred and fifty
dollars, in each case half of which was for
the use of the masters OF the slaves they had en-
tced off, compensation for the damage inflicted
on them. Drayton and Sayres could not would not
pay the fines imposed on them, and committed to
prison in default of payment If the whole amount Of
fine had been imposed for the benefit OF the treasury the
President might have exercised the pardonng power by
remiiting the fines But we do not understand that Mr.
Fillmore claims the power 10 remit that portion OF the fine
due to the owners Of the slaves which Drayton and
Sayres entced off at all events he has not remted il
bat he has prevented the execution Of the law which pro-
vides Imprisonment until payment To us it 10 be
abuse OF terms 10 call such exercise OF authority
the OF the pardonng power mentioned in the second
section OF the constitution The fine was the punishment
Tor the offence which Drayton and Sayres committed
and Imprisonment the remedy TO enforce the pay
ment OF the fine II the pardonng power reached the
case at all, it would have RENTED the fine, for that
tods The punishment prescribed BY the iGw But Mr.
Fillmore has refused TO remit the penalty, while he
has set the offenders free. We cannot imagine what
of reasoning sustain such action for there
an inconsistency about it which we cannot reconcile
The punishment for running off slaves is, as we have
said exceedingly mild. Drayton and Sayres have been
imprisoned about twenty days for each Of abduction
an amount Of punishment which would no, be deemed
adequate to the crime in any slavehoding community
in the Union. Since the rise Of the abolition party the
abduction OF slaves has become TO be different offence
from what l796 and since the cesson OF this Dis
tric Maryland has passed law which denounces it
felony, and Furnishes il by confinement in the peniten
tiary. II is fatal to the peace of slaveholdng
munties than any crime known TO the laws and the
angry feelings il had aroused OF the most dan
gerous elements in the sectional controversy which i'm
bitiered the feelings OF the North and the South. A
crime fatal 10 the peace OF the communities in which
It is committed and which tends so directly TO weaken
the friendly relations between the States, should be
looked upon with adherence and punished with severi-
lty. The inadequate mdness of the law furnishes no
for executive interference, but most cogent
against IT, In order TO be effective penal statutes must
be made comprehensive 10 embrace which
ciety does wish to punish The pardonng power
intended relieve against such hardshp and it cannot
be pretended that the crime committed by Drayton and
Sayres one which, viewed in any aspect, appealed
to the sympathies Of this community
The Extraordinary Labors OF Hon. Truman
Smith, Mr.. Fitz Henry warren, and the