Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-04-30
+, Y ENING STAR,
Local Intelligence.

II
Circuit Court, praying that a writ of hsbea,
corpus might issue to bring him before Ii.
court, IN order that, should IL be found hi,
confinement is illegal and contrary TO law h.
may b discharged from his imprisonment.
We repeat, that Wells was convicted of III,
murder of young MundelI, at the Decemhs,
term Of the Criminal Court, and was sentences
to Do hung on the 23d Of April, 1852, but Al
that time the President granted him a pardon
"upon condition that he be imprisoned during
MS natural ife-that is, the sentence of death
- hereby committed to impris ,nment for life
In the penitentisry'
This morning, the Warden of the peniten.
dary appeared In court, bringing with him the
convict Wells
Mr.. c. L. Jsnes opened the case for the pri-
sonsr. After reciting the main points of the
WIT (which We published at length on Satur-
day. he said the question was, what power In
this government could come between the SEN
tenee and its execution? By looking to the Con-
stitution Of the Uaited States We find hat the
pardoning poweris invested in the Executive
branch Of this Government. The power as
thus conveyedto the President is absolute and
unfettered. There is no necessity to consult
any other branch Of the Government. The
Constitution, article I'd, sect I'd, says, I" and
also have power to grant reprisves and pardon
Tor offences against the United States, except
In cases of impeachment Then, In order TO
ascertain what is the Limitation, and to what
extent the President may use this power Of
pardon, he (Mr. jones' would first resort to the
laws of that nation whose language We speak
and whose judicial system 20 nearly resembles
ours, but whose Executive and ours widely
diner. The King Of England il invested by
the common law with the pardoning power
He may grant to any subject this bounty, or
"gface," az it is called, with any condition
which he may choose to impose, and which
the subject may choose to receive But the
President of the United STATES exercises the
power only as it is conferred on him by the
Constitution, and not as prerogative. There
is no analogy between them.
Mr.. Jones then glanced at the constitutions
and the legislative and judicial acts Of the
various States of the Union, to show that in
all of them the respective Governors Except
ing in South Carolina) have the power to
grant pardon only in terms similar to those
made use Of in the Constitution of the United
States respecting the President
In the course Of his argument Mr. Jonesr re-
fsrred to the only decision as he said, given
In the United States, going to show that the
absolute power to pardon carries with it the
night to pardon conditionslly. 1t appeared
that, IN 1874, the Governor Of Pennsylvanis,
David Porter, pardoned a man named
victed Of murder, but who-it appearing that
the prisoner was deprived Of reason-was IN
conscious Of the enormity Of the act and he
was pardoned on condition that he be at once
put on board a vessel, there to remain until
the vessel should sail fer Ireland. The power,
IL was decided in that case, was derived from
the charter given to William Penn, and from
common law. The President of the United
States, however, is not governed by common
law, but by the Constitution and constitu
tional statutes. And in support Of this posi-
ton he quoted various legal authorities, show
Ing that the Executive must be governed by
positive law. There ia no law Ia this District
providing for imprisonment in the peni.en-
tiary for Hfe but the President has not only
legislated this punishment in the case Of
Wells, but has performed the functions Of the
judicial branch Of the Government by SEN
fencing and carrying into effect such an IN
authorized act Of legislation.
Mr.. Jones spoke for more than two hours
Mr. Key, for the United States, replied, say
ing that Mr.. Jones had not cited more tn an
one authority on which he could rely; and he
(Mr. Key maintained that from the year 1920
until 1852, when the sentence OF Wells was
committed by the President, the whole series of
decisions by the respective Attorney Generals
shows that the President Possesses such power
according to three decisions OF Mr. Writ, one
BY Mr. Grundy, one by Mr. Mason, and two
By Mr.. Crittenden; beside, Chief Justice
Marshall had decided the very point which
the court was now called on to act. He re-
ferred TO the rules and articles governing the
army and the navy, showing that by the al
thority Of the law of Congress the President
possesses the power, and has exercised it, of
psrdoning persons sentenced to death, or miti-
eating the sentence Of punishment, in those
branches Of the public service The Constitu.
ton Of the United States authorizes the Presi-
dent to pardon, except in cases Of impeach
ment, under general words.
Mr.. hey referred TO various authorities of
United States Attorney Generals and of Judge
Marshall, to show that the greater power. 10
pardon, includes the less, namely, to mitigate
the sentence. In the course of his remarks
he read the acceptance Of the pardon by VIM.
Wells, with the conditions prescribed, and
signed by that individual and hi. argument,
In general terms, was to show that the Presi.
dent (Fillmore) had acted properly in the pre-
misses, and that the power was affirmed by the
decisions Of the respective Attorney Generals
10 whom he had referred
The Court was still occupied with the argu-
msnts on this question when We went to press
this afternoon.
THl FRAsKLIs We are glad indeed to
.SeA1 sAot Sno FoaoIdH ouI 50 eRClent FRANK
lin Fire Company have added military drill.
Ing 20 their original purpose Of organization.
1t will be recollected that, perhaps year ago,
We took occasion to urge upon the ire comps-
mics OF the District and Alexandria the pro-
priesy OF forming themselves also into militia
~ companies for drilling and target practice,
setting forth various arguments to that end.
HE expense TO each member will not be half
mat connected with membership Of a military
comp any only, as they have without cost q
place for their meetings, and adopt "a uni.
forms, with very trining additions, such cloth.
ing as nearly ell members Of fire companies
In our cities possess at all times. In a free
country like ours, to be defended almost en-.
ureiy by volunteer citizen soldiery, it be-
moves all to learn when young the rudi N snts
OF the military drill and the use of firearms
We hope before the season ends to be able to
announce that this capital example of the
Franklin has been followed by other Washing.
ton, Georgetovn and Alexandria IRE com.
panies.
he LAfs ACCIDENT AT THE NAVY YARD II
We obtained the intelligence Of the accident
At The navy yard, at too late an hour on Sat.
nruay, to enable US to inc uire into and state
me particulars attending il In time for the
Star Oh the afternoon of AT dav