Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1855-05-01
4oraI ann qrrsunal.

The Wells Case.-We stated, last week. that
an interesting was soon to be brought before
The Circuit Court, which is now in session; that
of William Wells, formerly marine in the United
States service, who was, during the December
term Of the Criminal Court, oflS5l, tried and con-
victed on the charge Of numbering lad named
Mundell, by shooting him, not far from the Navy
Yard bridge. For this crime he was sentenced
10 be hanged on the 23d of April, 1852; but owing
10 certain representations made 10 the President
of the United States, (Mr. Fimore) and the in.
tercession Of friends. Wells was pardoned of the
offence upon which he was convicted, on the con-
dition that he be imprisoned during his natural
life; that is, the sentence Of death was cqmmued
10 imprisonment for life IN the Penitentiary of the
District Of Columbia
BY virtue OF this pardon, Wells was, by order
of the marshal of the District OF Columbia, con-
veyed and received into the Penitentiary; but
being "duly informed by counsel learned in the
law that the said pardon is absolute, and the con-
dton invalid he prayed the writ Of habeas corpus
might issue 10 bring him before the court, so that,
fit should be fonnd hat his confinemenlis illegal
and contrary 10 law, he may be discharged from
his Imprisonment.
Yesterday morning, in answer 10 the order OF
the court, the Warden Of the Penitentiary ap.
peared. bringing with him William Wells, the
convict into the room.
Mr. Charles l.. Jones, the counsel for the pri
soner, proceeded to argue the case before their
honors Justices Morsell and Dunlop. He spoke
for more than two hours, contending that, accord
ing TO the constitution Of the United States, the
pardoning power, vested in the President OF
the United States, is absolute, and unfettered by
any r-slrictions or conditions; the second article
of The. second section of that instrument, reading
thus: land he shall also have the power 10 grant
repreves and pardon for offences against the
United States, except in cases Of impeachment"
He examined the constitutions Of the several
States, for the purpose Of showing that in all of
them, excepting South Carolina, the clause giving
The pardoning power to the respective Cove nors
is similar TO that IN the Constitution of the United
States with reference 10 this subject-absout
without the right 10 impose restrictions He
quoted from legislative well "a judicial author
tiles in support Of his positions
Mr. Key for The United Sataes, replied, contend
ing that from 1920 until 1852, the time when the
sentence Of Wells was commuted, the whole
series Of decisions by the Attorneys General
Writ Gruudy, Mason. and Crtenden--contrned
the power exercised by President Fillmore and
that Chief Justice Marshall had decided the very
points on which the court was now asked To take
action. The President possesses the power, and
has exercised il. of mitigating the punishment OF
persons sentenc d 10 death ty order of a court
martial either ia the army orthe navy; and he was
justified in doing so in the case Of Wells, on the
principle that The greater power, TO pardon, IN
volvcd The less, 10 mitigate the punishment.
The arguments having been concluded, the
cont adjourned rrserving ils deci-ionior future
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