Columbia telescope. (Columbia, S.C.) 1819-1821, July 24, 1829, Image 2
gCSSEfc
LILT ?4, lb*?.
WtWAY, JULY
Mr. Colkmav, for many years the Kdlt
tor of the Evening Host, died a few days
since in New York m hit C4th year
Dr. Watkim's trud it not yet over. The
r.ute It before the petit Jury. We are re
ally lid and dbfttded with thit case.
Whether guilty of a crime, punishable by
the U.8. Court or not, he.haa beyond all
(juettion disgraced hlratelf and those lCdit
ur?, who defend bira. We ^ennot but ex
j?rets*our surprise, Uoweyer,at the weak
nest of the Wathington Bar?Take the
^vrhoie case, Judge*, Lawyer*, and the de*
?tndant together and they make the
Praoat uninteresting group ever presented to
.the attention of to large a community. Can
til be possible tliut there it to little taleut in
the City of Washington ? We should per?
httptexcept the defendantt' counsel, Mr.
Junes.
We publish in thit ditys paper the case of
State vt. Mary Fuller, reported in the 1st
volume of M*Cords Law ltcports. It it
the judgment of the Conrt of Appealt on
the power of the Governor to pardon, on
any terms he may prescribe. Could our
Iriend the editor of the Mercury have over
looked thit case i The judgment of the
Court expressly ssvs that the object ol thit
Constitutional power in the Governor, it
tliut he may substitute one punishment for
another. The most general terms in the
English language are uted in giving the
power.
The rumor oi the papers is that Gen.
Lafayette hat offered to give his Florida
lands to pay Mr. Munroe's debt. We do
not believe one word of it. Gen. Lafayette
hat too much sense to do any such foolish
thing. Who it Mr. Munroc that he should
have his debts paid by other people }
We beg to call the attention of our read
ers, to an article in this days paper on ba
thing. In thit hot cliinatc what is like cold
crater?
At u late dinner in Huston, *omc one drank
?' John Qu'mcy JAdamy. May lie confound
.-.'1, his enemies." As he has done his
friends, replied Mr. Webster, drinking the
toast with his amendment.
Tht A'atitnai Journal, of July fcth, in
Torms im, that Andrew C'oyle, chief clerk
inthoGcnml Post Office, ha* boon reuio
ved, and that Obadiah B. Drown has been
appointed in his place. "We know not,"
<says the Journal) "what reason has been
assigned fur tbis new reform," hut adds
of one fact our readers may be assured?the
public good has neither been consulted nor
promoted by the change.
Admirable logic! The Journal knows
not the reat'in of the reform?but swears
that it has been bad in motive uud bad
in operation! This, however, is in good
character with a Journal which is hir
ed to slander the administration in
?whatever is done?whether it Iw excep
tionable or unexceptionable. Ono thing
every good citizen will concede?that is a
good administration, which presents to the
most captious and cynical no othor ground*
of objection, but the removal of a few sub
ordinato agent*, whose demerits are yet to
bo brought tolight thro' a committee of Con
gress, in all cases which may not take the
direction of that of Dr. Watkins. Neither
?he Law* of Nature nor the good govern
ment of tho nation will l>e interrupted by
the obstreperous clamour of a few clerks,
and their mouth-piece?tb.-> National Jour
nal.
Let it be remembered that nut of 274 of- I
Jkcrs belonging to tho different depart !
mont* of tlu> cabinet at Washington, only I
%Z1 have been removed. If we remutuhcr I
?he rases of Watkins, Noump, & Fille
brown, all choice spirits of the lastadwinis-!
?ration, we rnnuot much quewtion, that j
there were at least 27 oxcrenseiice* which
ought to have l>enn lopped off. In all mat
tow, it is true, even of the Irast impor
tance, we desire lo see tho present admin
istration pure and upright, magnanimous
and wise: nor have we seen any evidence
to convince us that it has yet been other
wise. We believe the motto of (Jen. Jack
son has hoen:
" Fiat j'uilt<n, rutt! r rlum."
Thff Journal* in Mr t.'lity V interest have
1I10 impudence and rorklevun*** to charge
U|?in tim Jiickwtii nifiiib<!r.4 of tho South a
co-operation in making tho Tariff of 1h*JH
wh.it it i? With a ahaiiieh'iM dc fiance of
truth and the record* of t'ongrc**, even
llr/.*kiah Nile*, who professes t.? |?o ??
faithful and impartial Kegittcr of fm-t.< and
political hintory, vi*i?a upon tin* South,
under tho agony of doapair whiHi the
misfortune* of tho manufacturer* have pro
duced, tho fMI? i? in of pa**ing a meutiro,
ai;ain*t which tho mo*t aoiemn I i^lnti\-?*
protest* have Ihwui entered upon 11n? Jour
nal of thn Senate- -and for w hkh tho Mouth
ha* horetofore be?m charged with tho d??
?igu of flif*iM>lviikfc tin- Union! Will thin
veteran champion of Kpiuning-jenQic* turn
to tlio Ayr* and Noe* upon thn paa?age of
that "hill of abominationa" and tdiew tho
country whero tho name* of tho Southern
me?nt*re ami No doubt tho tax upon
Afohtui and pcrbapa that upon 8ufar
arc ?ya gore* to tho veteran,?and the New
England Monopoh*t? In relation to tlte
former, woremombar that the "Ood-like
man," Mr. Webater, railed u|hmi the bent
blood of <?l*l MaoMohttaetta to rvniit it. lie
thought it an opprewion and an inanlt
which Now-Knghud could not brook. It
waanot AVte Kngtaml trhn h wai intended
to b? brought tindar tho yoko ofidarery.
We do not ilepiro, in tho ahatntcl, n tan
Holaaac* reft npon *ugar~but tut
hope theso featur?* may always be proou
uont in the TariQ of 18S8.
It appear* that the tM?/>fr?wiyn in
deep tribulation?and Mr. Nile* haa ahod
many a compassionate tear over their un
expected dinaliter*. Why do they not flour
ish! They have around (hum (he aliield and
buckler of protection and monopoly. They
received tiio qui J pro quoin theTariffof '28,
and they have had tho lull and ffee enjoy
ment of the domettic market, for which Mr
j Niles bus been so vociferous fruiu lblO to (he
I present day.
So olao (he farmert of New Kngland,
who, wo learn are tho only representative*
ot.hncrican InduUry, were taught to be*
llevo that the Corn Law of England were
to be redressed by the TUrifl of 18II&?
Have they found it sol Mr
cod the protect! re power upon the
lory principle. Haa the* Tariff
the Colonial Trade, haa it repealed
Corn Lawsl In short wtiat goou has it
done! We should be glad to have an in
telligible answer. ? ?
The following Toast was given at Green
ville on tho 4th of July, by Mi^or G. Sea
sour: The Hon. If mi. Smith.?Our very
w,orthy and distinguished Senator in Con
gress?May those of our member* who vo(o
against him at the noxt eloction bo politi
cally condemned, "over after to hold their
pcaco."
In immodiato connexion, the following,
by B. F. Perry Ksq.?Judge Hutfcr?In
(ho bosom of this man may be found the
(ruo, genuino, and original South Carolina
charac(cr.
Are we (o understand from thesenti-|
inent of Major Seaborn, that Judge Smith
' is to have opposi(ion for (heSeua(e1 If so,
wo beg leave (o inquire by whom! And
again, why! Wo do ho for (he bcnefitofour
reader#, who would no doubt feel much
gra(ificd wi(h information upon both these
points.
On (he samooccasion, by Major W aowy
Tiiom phon :?Hit Excellency S. J). Miller,
?When (alon(s, patriotism and privalo
virtues are no longer honored, ho will loose
the s(a(ion which he now occupies in pub
lic esteem.?
It Mr. Clay is a inuu of distinguished
abilities, and unusual power* uf oratory,
there are points of diameter, and exhibi
tion* of conduct belonging to him which
ought to render him an object of suspicion,
of distrust, of condemnation to the whole
American people?and of disgust and ab -
horrence to the South. He is indomitable
in his ambition.?The chastening 10Q of
public opinion was applied to him by the
American people?and he was discarded
from office with a force of indignation
which ought to have taught him the virtue
of submission to the only sovereign power
ill this republic?the power of the people.
Vet his speech at Washingtim on the 7th of
March proclaimed open war upon public
sentiment, and ho has since been incessant
ly employed in organising his scattered el
ements in Kentucky and elsewhere in
anticipation of a struggle for the Presiden
cy. There was nothing in a laudable am
bition for so elevated a station inconsistent
with the talents and acquirements of Mr.
Clay previous to 1824.?But future events
have placed the seal of condomnation, fix
ed by tho American people, upen him?
and the disingenuous, violent, and partisan
mentis which he has cmployod, and isem
I ploying, to sap public confidence in the
| present administration, evince at once the
I desperation and the unholy ambition of
i Henry Clay. He is wanting ,in judgment
| too. Does he imagine, that a few remo
vals of inferior officers, tho reason* for
I most of which are yet to 1m? developed, and
will no doubt be satisfactory, con reach,
however ingeniously and elal>orately dis
torted, tho firm foundations in public confi
dence and veneration, upon which (general
Jackson is basedl Has ho found any thins hi
the great mcasuresof this administration up
on which ho can lay hold as subjects of din
ic r oratory and public declamation^ Can
lie (M'rsuade the American people in con
demn their favourite in advance1 It is a
vain and foolish effort.
We perceive that a nsxiofi has been
opened in (tin Richmond Knquirer si* to a
fit peraon to prcaide over tliu deliberation*
of the Virginia convention. Mr. Holit.
Stenard, tA Spotsylvania District, in re
commended in tin* Knquirer of the Oth inst.
We |iubliahtoday, a 1'utition, wliicli is
getting up in Virginia by *bo Mercer Par
ty to the Convention *oon to meet in that
State, praying the abolition of d hi very.
We were well aware, for Nome time pant of
the apprehension* which were felt, in the
lower anil mitldlo parts of Virginia, in rela
tion to thede*ign* of thin party, and we
regretted exceedingly for the character of
that re* pec table old Southern State, that
the Convention queation had ever l?een
cariied. For many yoara pant there has
l>cen a gradual spreading of Northern feel
ing* and opinion over the north eaiitern
portion* of Virginia, and taking it* direc
tion southward along the great Valley of
that State. That thin party will acta) th?*
occasion to revolutionieo Virginia can lit
tle Iki douhted. Internal Improvement hy
the general government, protection of Na
tional Industry (aa their mode of roblicry is
railed) andthe destruction of slave proper
tyfUrmthe great veiwa oftheMeroer party.
Heretofore tbo wealth and influence of
Virginia huljMen lielow the Mountain*;
Imt rake the ijnHiMp -alarm the (can of
he weak, and theMbjr reduce the value of
Javea and the Revolution i* complete,
flower Virginia - -old Re put Mean Virginia
nust give way to Western Vfeginia?and
\"w principle* aid new doctrifte* will be
put afloat repugnant to the feeling* and
dangerous to the property of Southern peo
ple. Wo really tar niany goodud tiye
men have been deluded into thia Conven
tion measure, which sounde eo magnanim
ous, but is so dangerous to every well or
ganised government. Would to God, our
forebodings may prove delusive?but what
hope have we when we eee such men as
Mr. Madison and Mr. Monroe dteerting
their old republican tanks and seeking
honors from the enemy. Vain, rain man,
a few puffs, a few paragraph* from those
tirintin/f ftto/tle of the North, have Mich
persuasive seductiveness." that our great
men fcrs litterally gazetted from us when
ever it suits a few Northern Editor*. But
the time ha* past when the oourse of any
one man or set of men can give direction to
public opinion in this country. Men, these
days exsmino for themselves, and If
We are not greatly mistaken, are now in
all quarters of tho union making such an
investigation into the policy of the "Ameri
can System," as will in a few?-very fow
years end in tho total disgraco of that tclfhili,
scheeming, combining class of our popula
tion, and in the shaiueftil defeat of that
great political charlatan Henry Clay. We
liave great hopes of New England, after
all, for, how can they get along without
their Coinmerco. Mussachusett* abounds
with too many educated men, long to re
main subject to the inconsistent, unprinci
pled party to which Mown. Webster and
Everett belong. The writing* of theso ve
ry gentlemen, must destroy them, and we
*co a feeling of di&content and disgust ra
pidly spreading over that stato in rotation
to tho American Systoin and its present ad
vocates, the honest and consistent Mssr*.
Webster and Everett.
Extract of a tetter dated Liver/tool. 28th
May, 1839.
" Since wriling you on the 23d imt. we have
liail a very lively demand for cotton, the sales
attentive, say for the week 18.000 bales, at an
ndvHnt:e ut 4 a farthing per lb. on American
Should account* from your tide the water favor
the belief (hut the Tariff will be raseed wheu
(-ongress meet, we have no doubt the article
woidd creep up h littlo ns the manufacturers
would begin to prepare good* suitable for tbe
United Stales maiket. Still the injury done to
the southern planters by the Tariff, U irreparable,
it having canted a great deal of British capital in
the shape of goods,Sic. to be forced into Brazil to
be invested in e.ottun planting. Your old ac
quaintance I). M-T. has gono nut to establish a
largo concern; tne freight from thence is not
much more than from the states as tint vessels
generally Rut an outward cargo. Negroes can
lie bought for about ?50 (telling, and the ta?i->
on implement * very trifling, and land can he had
for ? song. You will see by (he price current*
Brii7.il cotton ranks higher than your*; and I an*
dcntand a tlavecan raise much more.
(from our Corrttpcndtnt.)
YoHkviLlS. C. July 18, 1820
My Dr.Mt Sir :?VVh.it would ywt think,
if, in traversing the theatre of your earlier
years, where you htu! been actuatOmcd
to see nothing but the regular, unvarying,
peaceful operations of husbandry, but a few
yean previous, you should, between every
mile-post, meet a familiar acquaintance,
speeding on with all the zeal of military ad
venture, and nccoutercd, for all the world,
like a Tinker, who, in days of yore, pere
ginated the land with the Implements
of his art, to regenerate the pewter plates
and spoons of every housewife who might
employ him, u/ion tfiaret! The man
| whom you had formerly seen at the plough,
or behind the counter, you now discover
mounted upon distended saddleback, he
striding n jaded pony, with u basin in hand,
like the helmet of Don Quixottc which he
chivalrously cuptured from the' liarbcr, ns
the heir-loom of the illustrious race of
Knight-Errantry, intersecting, in the high
spirit of adventure, woods and luwn, field
and forest, hill nnd valley, land and water,
inquest of Ooi.n! You would be likely to ex
claim,
Ttmporn anulantur, sf not mutamur rum Wit
Yes, Sir. The times, tho' perhaps not
"out of joint," have certainly changed.l
Here, in York District, where a few short
months ago, the husbandman was contented
to travel the plodding track of his fathers, I
and to rely upon the ploughshare and the
seasons for his comforts and his income?he
is now about to strike out a new road to
wealth, which, if it be not a "royal road,"!
may at least be n fjntdeti one. The *? gold
fever "as it is humorously termed, is nt
this moment spreading with contagious fu
ry among n?y old friends and neighbor*.
Companies, for gold-digging, are already
in embryo*-Capital is even now in agita
tion?golden visions of glory are prefigured
to the eye of imagination?groups of ex
plorers are to be seen in the streets and
highways to recount adventures, to inter
change gratulation*, t" stimulate wavering
hopes, nnd to familiarize the feelings with
the scenes of grandeur which are ditnly
seen in perspective. Many a father ran
now look upon his lisping daughter, as the !
destined heiress of u rich gold-mine?and
lewer matrimonial arrangement* are ex
pected to he consummated, until the do- j
velopemcnts of the future shall have de
Fined and illustrated the respective virtue?
ind merit* of the parties If all this be
wt idle vaporing* of enthusiasm, the
" Imselets fabric of a vision," then mutt
the wreck of many an old ItIti be given to
ihe winds?the course ol trad* to Colum
ns and Charleston must take the direction
>f the Mint of the United States?Cotton
ibis must depreciate In value?Cotton nnd
Jorn fields must Income barren wastes, be
ransmutod Into gold mines?mm] the dire
?ppreeikms of the Tariff are no longer to be
liMPD.
In sober truth. Sir, expectation is high
here Id relation to the rMM lf bowels
of the Berth tn the peec4*s*eut IlM>
ay plecee, both to the ?righbetlwo< efthls
village, end eMM dbtaeoe flm K P*rUe)
abundenceofGold?which ere likely to con
vert e good deel of lebor to the pvrpoeeeof
mitring. ! sincerely hope thet success, eqael
to the expectetione which ere cherish
ed, may attend further discoveries. The see
?on of tho year hat just approached which
will enable man) fanner* with moderate
force end capital to make e pretty fair ex* ]
perimcnt; and I have reason to believe thet
this will be done, to a very greet extent.
But it is to be frered thfct the enthusiasm of
the moment heightened egregtously by the
neighboring devclopements of North Caro
lina, may seduce too many into prepos
terous hopes and eflbrts?or may carry to a
dangerous extreme the spirit of speculation.
This should not be permitted to the sus
pension of the regular habits of public em
ployment and industry. The Spenlsh mines
covered Spain with this disaster?end I
trust that every portion of North and South
Carolina will profit by the example.
Refreshing seasons have recently visited
this portion of the state, and abundant crops
promise to reward the labors ot the agri
culturist.
Youn truly.
communications,
Mr. E0iT0R-.It was not my purpcwc
again to have appeared before the public,
on the subject of the following communica
tion. Let the interesting nature of the in
quiry, (at least to a professional man, and
to the unfortunate individuals whose rights
arc, or inay be involved in the question,) be
my apology to yourself and your readers for
the following observations. They are de
signed principally in reply to your corres
pondent ?'LT. Q.M However, I may differ
with him in sentiment, candour constrains
mc to say that his strictures on my former
communication arc distinguished alike for
courtesy and good sense?Not altogether un
pleasing is the conflict with a generous and
powerful opponent. If we come off victors
it adds lustre to our triumph?and if we are
beaten, it robs defeat of half its mortifica
tion and disgrace.
Your correspondent coincides with bis
excellency and many very able lawyers In
the opinion, that a person arrested under a
ca. sn. for a fine imposed by the court,
would be entitled to the benefit of the pri
son bound's act. He rests his argument
upon the ground that the words of the act
of 1787 arc general, and entitle them to the
privileges of insolvent debtors and not of
the insolvent debtors act, and that this law
js to be construed favorably to the prisoner.
The act of '67 ccriainly gave such persons
no indrfcatibie right to the privileges of in
solvents?much lets to tkoaetbey might af
terward* acquire. And If In subsequent
legislative provisions in favor of private
debtors, a appears that the legislature did
not intend to include persons sentenced to
pay fines, they caw* be let In against the or
dinary rules of coMtractioa. Whether they
were intended to be included, we will see in
the sequel.
In relation to ?? U. QV other ground, it
cannot be controverted but^harthe genius
of the government must cxcrcise a power
ful influence in the construction of all penal
Jawr. The tendency and spirit of all of our
political institutions are decidedly favorable
to the liberty of the subject, infinitely more
so than those of any other government
w hi'?h has ever existed. These arc propo
sitions which no one will rejcct in the ab
stract. Hut I demur to their application in
the case under consideration. The genius
of our government so decidedly popular,
and favorable to the personal rights of the
citizen, cannot prevail in construction,
against the obvious intent of legislative en
actments, except where those enactments
air at war with constitutional rights. It
has not been contended neither can it be,
that in this branch of the discussion there
is any constitutional right involved. The
citizen has no chartered security for the
benefit of insolvent debtor's laws of any
kind.
The question then recurs, what is the
obvious import of the various laws, upon
the construction of which this question has
arisen. The act of 17iy gave certain privi
leges to insolvent debtors. The act of
1787 extended to )>crsons arrested under ca
sn. for fines the privileges of insolvent debt
ors. The act of 1788, (passed but one
year afterwards) gave to persons arrested
on mrsue process, or taken in execution in
civil cases the benefit of the prison rules ice.
'I his act in its language provides only for
"prisoner* on civil process." (Jnder the
well known rule of construction, a rule bas
ed upon the broadest foundations of rea
son, " cxprcssio unires, exclusio alterins,"
the provisions of this act must be restrained
to the particular esses, which by its pre
amble, ami all its parts, appear alone to
have been in the contemplation of the Le
gislature. The provisions In detail in favor
of certain classes of debtor's are to my
mind conclusively a negation of the tame
privileges to any other. Suppose for ex
ample, this act had stopped short with its
provisions in favor of peradna arretted on
mesne process, and had made none in favor
of persons confined in execution. Would
the court be warranted in flying In the very
fare of the act, and extending its provisions
by construction to persons taken under ea
piasfor private debt? Would net this be
a tevolUag violation of the relet of construe
tloo. Vet this would net be mora unrea
dable than to extend the benefit of this
Wt pevtenvMvested for fines-, rUu oI
persons not embraced la iu letter, and ob
viously not within its purview.
If they ware intended to b^ included,
where is that intention manifested? How
does it appear? It would hare been an easy
matter to have inserted, " persons impris
ed for fine*.** A half dosen words would
have bean arikfcnt Could H Have benn
en oversight, and that the Legislature for
got that there waa such a clam of persons
wantuoh
equally entitled to ttuir SSerclfol considers
tion, with thoM for they did provide.
A Legislature must in duff At least be
supposed to know at all tlmfe not only the
evil to be remedied, wherein tbt Uw u
stands is deficient, and the relief *10 beaj
plied, but also the remote bearing and <
ration of any remedial enactment. The
case of persons arrested for fines not being
embraced in the net of'88 is then legal evi
dence that such a case was not considered
as an evil reqniring Legislative interfe
rence. But this does not rest entirely upon
legal presumption. Both of these acts (of
'67 and '88) were probably passed by the
same body of men; and certainly a very cou
siderable number of the members who
were present at the one session, must have
been present at the next. The act of '87
was lreslf in their recollection. The
case of persons sentenced to pay fine* was
then rf it were under their contemplations.
Yet in the prison bounds act they were not
included. The conclusion must be that the
omission of them under such circumstances
can give them no right* under it
Again. In all eases of doubtful construo
tlon, the preamble of a statute is considered
as shedding a flood of light upon the inten
tions of the Legislature. It is as my Lord
Coke would quaintly express it, " a key to
the knowledge of it, and to open the intent
of the makers of the act; it shall be deemed
true, and good arguments may therefore be
drawn from the tame."
What is the preamble of the act of
178*? " Whereas humanity requires that
the confinement of persons on civil pt-octts
should be less rigorous than it has hereto
fore been. He it enacted," 8cc. Not a word
is here said about persons confined under ca.
sa. for fines-There is no tingle phrase cither
in the preamble, or the enacting claims
which can be distorted by any mode of eon
struction into n recognition of the rights of
such persons under it. The implied nega
tion of such privileges must then follow as
an irrcsistable conclusion.
Again. The process against the body of
a private debtor which is a necessary pre
liminary to his enjoyment of any rights un
der oar in tot rent laws, b but a part of the
Lex Fori, It it only retorted to as a com
pulsory meant of carrying Into effect the
judgment of the coprt. It it the opinion
of many that in tome future advance to*
want* perfection in Legitlation and juris
prudence, imprisonment for debt may be
entirely abolished. Some such Utopian
scheme has I believe been already agitated
in the Congress of the United States.
Whether in this age when the improve
ments in all the arts and pursuits of civiliz
ed lite, have with the Increase of wealth and
precious commodities and the universal
ute of the system of representative value,
to multiplied the faciltict to the fraudulent
debtor for the secretion and abduction nf
his eflecU beyond the reach of his creditors,
whether under these circumstances, the
rigor of our present laws in relation to in
solvents could be at all relaxed without in
troducing infinitely greater mischiefs than
the evils complaincd of, might well be
made a question; into which however it is
not gennain to my present purpose to en
quire. It is sufficient for my object, thut
such an alteration of our system, if deemed
expedient and proper, would be witliin the
legitimate reach of "Parliamentary om
nipotcncc."
Suppose then that our Legislature in the
exercise of an unquestioned fight, were to
abolish imprisonment for debt so far as re
Utes to privnte debtors; or in other words
were to pass a law that the body of a debt
or should not be taken in execution on civil
process. Would " U. Q." tell us that thit
exemption would be extended by contrac
tion to persons sentenced to expurgate their
offence* by a fine. This would be as rea
sonable an implication a* the one he con
tends for, and is strongly analogous to it.
Yet surely such would not be the construc
tion which would be put upon such a law by
our courts.
In relation to the second branch of this
question 1 will not now advance any thing
in addition to what is contained in my for
mer communication. Perhaps on some oth
er occasion I may again obtrude myself up
on your notice in a reply to thr arguments
of" U. Q." and others on thit head of the
subject. Yours See.
JUVKNIS
1*AW.
[from McC.'ocH'n Report*, vol I,p. 17M J
Htatr v?. Mary Fdluh.
By III* 7lh Mellon of the 2nd article of out Con
?tiMtion, tli* Governor ha# Ihe power to grant
reprieve# m'l partlont. after conviction, eieepi
to cum of lnp**o|imiint, fa iwrh manntr, e*
ivrk trrmi,*ndundtr mth rttirulUnt, (i li*
?lull think proper.
And where the Governor pardoned a/net rertrl
upon condition thai ?he ihoultl leave the ?tale
In two week*, who neglected logo, the CeOrt
will contidtr *u-.h pardon m void, after Ihe
two week* and upon motion of Ihe aolleltor
will pew sentence upon her.
tatiraitaj diatrict? Kpring T?m, 1W1.
Tried before Mr. Jwtkti Hugrr.
The defendant had hw?n convirtrd of a
miademcanor, for trading with a ala ve, and
had bean afterwarda par<k>ncd by the gov
amor, upon (ho condition of leaving thia
atatf in the couraa of two weolka.
But not having complied with the condi
tion nquirod, by actually leaving the atate,
the nolicitor moved that the acnteneo of the
Hw ahould bo paat*?l upon the paid Mary
ii
To this motion abe pleaded in bar, (ho
conditional pardon before noticed; and the
presiding Judge ?
presiding Judge entertaining some doubt,
whether the prrdttu though condition
al, was not a gooc plan in bar, reftiaed to
paaa the aentenoe: whereupon the 10U
oitor now moved to reverse the decioon, in
order that the aentenoe might be pa?*?Ml,
upon the ground, that aa the condition had
not been complied with, the pardon was
Mr. Jnatiee Rkhardton delivered the
opinion of the Court.
The prerogative of pardon ia given by
the aeoond aruole, aeetion 7th, of ?M Con
Htitution, in these words, to-wit ?"Ho
(the governor,) aball havepowarto grant
tovktion,
)jn
oderiuch
per.,;it
more comprc
jhole power of
'after conviction," ia given
> specific exception: and the
. t J.11 I_ ea__
i than tbi'M
pardoning,
with but one
right of making any' raatriction in equally
unlimited: for ttie word*, "oh ho Khali think
proper," impose literally no qualification
of toe governor's power in thia reanect.
Butlt b unnecessary to dtcide 'whether
the governor might require, by way of re
striction, an impossible act,?Though even
in support of such a construction of the con
stitution, there would be mat reason in say
ing, Hint whatever might be the mockery,
yet there cannot be a mom peremptory de
nial ofthe thing required, than to grant it
upon an impossible condition. Suppose
the governor were to pardon a felon, upon
the condition of hi* procuring eome one to
be hanged in hie stead, would it not bo Uko
permitting a traveller to a bide in your house,
provided ho will enter by the key-holol
Both would be considered as synonymous
with denial. In such a caso, the pardon
could exist but by reason of the perfor
mance of tbo condition; for the pardon
docs not go before, but must follow af
ter the act required. But this view not
being indispensable to tho decision, no pos
itive opinion is given upon it.
To mystlf, tho niont satisfactory con
traction of this constitutional articlo is
that the condiditiou to b? required by tho
governor, should bo condKidered as tho
substitution of ono punishment voluntari
ly to be inflicted by tho convict in lieu of
the sentenee which had been, or is to be,
ordered by the court; and the character of
the substitute should bo. that in itaelf, it is
capablo, physically, or being performed;
and bo one, noturohibited by tho laws of
the land. If this be the just construction,
it is to l>e observed that tho object is to
punish for a crime committed. The law
does not regard the bleach of contract
which may possibly follow from the punish
ment, nor the possible inconvenience re
sulting to individuals. As a general rule,
for instance, a citizen can not be deprived
of his child or his slave: yet either or these
may be confined, exiled, Or even killed by
way of punishment, in derogation of the
rights of the parent or matter. It was
suggested that the defendant being a marri
ed woman, cannot leavo the state without
the permission of her husband; and there
fore tho condition might require the perfor
mance of an unlawful act?the separation
of husband and wife. But tho condition is
not impossible or unlawful in itself) for a
married woman may physically and legal
ly leavo tho state. When a feme covert
is sentenced to pay money, or to go to gaol,
the yamo objection might be made; for by
the doctrine of the domestic relations of
< husband and wife, she can do neither with
out his consent.
A convict liaviit? entered into a civil
contract, or being in a private economical
relation which may render it inconvenient
toother*, or difficult for himself to comply
with a condition, doe* not render it either
imnoesibleor void. The proper character
of the condition, which iano more than tho
substitution of one puniahment lor another,
i*, that the condition required, should be
both inconvenient and <I(ffitcult to be per
formed. Suppose a minor under the re
nt fiction of parents, an apprentice under
the control of hi* master, or a slave under
that of his owner, suppose either of theso
were pardoned, upon the like condition of
leaving the state, iteou Id only follow, that
if unwilling, or restrained from leaving
the state, tho condition precodvnt and ne
cessary to the operation of the pardon, be
ing unperformed, the pardon could not
enure to his bciieAt.?In the case before us
the fulfilment of the condition which waa in
itself, capable of being performed, and not
forbidden by tho law, was prerequisite to
the pardoo, and that condition having ne
ver been performed, the pardon is merely
nominal.
The motion is therefore granted.
Justices Oannt, Johton, Mitt, Coteock
and Huger, concurred.
Davit, solicitor, for the motion.
On eel, contra.
t Tjuprr,
TKniMMMaHaibVHMHaMMWBVMnaBzr)
"THE TARirr A MONSTROUS AMD COSTLY
experiment. "?American.
This day another part of the "monstrous
and costly experiment" goes Into operation.
The duty on Foreign unmanufactured Wool
fiom ami after Mfe date will be Forty-Jive,
prr cent instead of Forty per cent aa valo
rem} in addition to the permanent duty of 4
cents per pound, and lest the experiment
shall not be fairly tested, an additional ad
valorem doty tAJive percent is to be added
next vear. Wool on the skin it to be esti
mated to weight and value and pay
the same rate of duty as other imported
wool
Manufacture? of Wool or of which Wool
fchall be a component part, execpt carpe
ting, blankets, worsted stuff goods, bomba
zines, hosiery, mits, gloves, caps and bind
ings which cost 50 cents per square yard
, (charges included) will be from, on and af
ter this day chargeable with an ad valorem
dutv of forty five instead of forty per cent
as heretofore?provided that on manufac
tures oi wool, except Jlannel$ and baizes,
the actual value of which at the placo
whence imported, shall not exeeed thirty -
three and h third cents per square yard,
shall pay fourteen cents per square yard.
The same rate of duty alto attaches on som?
goods (except at aforesaid) which coat f 1
to |4 per tquarc yard.
The erf valorem duty on same goods (ex
empt aa aforesaiaid) costing over i4 per
square yard, will be on and after thit dato
fifty per cent Instead of the doty of veater
(wty-Ave.)
All manufactures of Bilk coming from be
yond the Cape of Good Hope, are subject on
and after this date, to an aa valorem duty of
30 instead Of 3S per cent.
Smchew made on thle tide the Cape 20
per cent,
Skter?oy0 (silk hatt) tame aa Ainoti
ewt. '
per
mbtg tUk? from beyond the Cape SO
instead af 25?Floss and Floren**