Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1856-08-07

HOUSE, oY REPRESENTATIVES,,

| HOUSE, oF REPRESENTATIVES,,
Washington, Aug. s, 1856.
DEAR SIR: have looked into the facts in re-
gard to the release of Daniel Drayton and Edward
Sayers who were convicted in May, IS49, for trans
porting slaves at Washington, &c.
| The facts are briefly these Drayton aud Sayers
were each convicted in seventy odd cases, and
| hned under the Act Of the Assembly Of Maryland
/ OF lioo, chapter 81. Drayton was fined $40 and
costs in each case, and Sayers 800 and costs in
each case. one half the fine going, under the act,
| 10 the owner of the slaves, and it was a part Of
the sentence, or order of the court in each case,
that they be committed to Jail here until the fine
and costs We're paid.
In April, 1852, after the prisoners had been in
jail, at The costs of the Government, four years
| upon petition Of various persons throughout the
country, and proof of the poverty of the prison
| ers, and that the health of one Of them was
greatly impaired by his confinement, and upon the
written application, think, OF 81 of the Al own
ers OF the slaves transported, and a law argument
by Senator Sumner as to the power of the President
to pardon, the President was asked to pardon the
| prisoners.
| All these papers were referred by the Pres
ident TO the then Attorney General, Mr.. Oritten-
den, for his opinion, as to whether the President
had power to pardon 80 as to lessen the rights Of
the owners of the slaves to their portions of the
fines. In August the Attorney General laid before
| the President very able and lengthy opinion on
the subject which amongst other things affirmed
the power of the President in the premises
Upon this opinion, and the application Of the
owners above mentioned, the President, Mr. Fill
more, directed the Secretary of State, Mr. Web
ster not to pardon but to grant both to Sayer and
Dfayton remission from that part Of the punish
ment imposed by the court which ordered them to
be imprsoned until the fines and costs were paid,
but expressly reserving in the remission the right
of all the ov ners, well those who petitioned
for the pardon, as those who did not the right to
collect the fines by any lawful means other than
the continuance of the Imprisonment, from which
they were thereby discharged.
Whether there was requisition In the hands of
any one, Issued by Gov. Smith four years before,
does not appear; but if there was, the President
had nothing to do with that, or the further dspp-
stion of the criminals after the official signature
and seal was put to the remission,
learned these facts roma perusal OF the papers,
on file in the Secretary of States Office, yesterday;
but the clerk having them in charge said he had
directions not TO allow copies or extracts to be
| taken and upon communicating that fact to Mr..
| Marshall, the House, on his motion, made call
| for the papers. AS soon as the papers are pub
lshed, You will he enabled to see that 40 far from
any improper act on the part Of Mr. Fillmore, he
only performed an official duty that any fair man
could not properly refuse. In doing so, he released
the government from continually accrnlng eX-
pense in keeping and boarding the prisoners, and
| in no way created any claim against the govern
ment in behalf of the owners.
Any statement in the communication signed
| "quantieQ," and published in tho q Sentinel" on
the I'd instant, inconsistent, or at variance with
the above Is incorrect. The above are the facts,
as the papers In the case will show, and tnope
gentlemen will not do themselves more harm in
...e3:ting the facts than true state of them will
do Mr.. Fillmore good, when the public come to
know what the facts are. Very truly, yours
S. G. HAVEN.
VEspAsrAN ELLIS Esq, Editor Organ.