The reflection that
the fate of a fellow-creature depended on his sole fiat, would naturally
inspire scrupulousness and caution; the dread of being accused of
weakness or connivance, would beget equal circumspection, though of a
different kind. On the other hand, as men generally derive confidence
from their numbers, they might often encourage each other in an act of
obduracy, and might be less sensible to the apprehension of suspicion or
censure for an injudicious or affected clemency. On these accounts, one
man appears to be a more eligible dispenser of the mercy of government,
than a body of men.
The expediency of vesting the power of pardoning in the President has,
if I mistake not, been only contested in relation to the crime of
treason. This, it has been urged, ought to have depended upon the assent
of one, or both, of the branches of the legislative body. I shall not
deny that there are strong reasons to be assigned for requiring in this
particular the concurrence of that body, or of a part of it. As treason
is a crime levelled at the immediate being of the society, when the laws
have once ascertained the guilt of the offender, there seems a fitness
in referring the expediency of an act of mercy towards him to the
judgment of the legislature.
Pages:
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766