John McLean

“ The power of commutation overrides the law and the judgments of courts. It substitutes a new, and, it may be, an undefined punishment for that which the law prescribes a specific penalty. It is, in fact, a suspension of the law, and substituting some other punishment which, to the executive, may seem to be more reasonable and proper. It is true the substituted punishment must be assented to by the convict; but the exercise of his judgment, under the circumstances, may be a very inadequate protection for his rights. ”

“ If the law controlled the exercise of this power, by authorizing solitary confinement for life, as a substitute for the punishment of death, and so of other offences, the power would be unobjectionable; the line of action would be certain, and abuses would be prevented. But where this power rests in the discretion of the executive, not only as to its exercise, but as to the degree and kind of punishment substituted, it does not seem to be a power fit to be exercised over a people subject only to the laws. ”

“ We have under the federal government no common-law offences, nor common-law powers to punish in our courts; and the same may be said of our chief magistrate. It would be strange indeed if our highest criminal courts should disclaim all common-law powers in the punishment of offences, whilst our President should claim and exercise such powers in pardoning convicts. ”

“ There can be no doubt, where one punishment is substituted, under the laws of England, for another-as banishment for death-if the convict shall return, he may be arrested on the original offence; and if he shall be found by a jury to be the identical person originally convicted, the penalty of death incurred by him may be inflicted. And the same thing may be done in regard to all offences where, in this country, the law authorizes the pardoning power to modify the punishment and give effect to the commutation. ”

“ The constitution of Maryland provides, that the governor 'alone may exercise all other the executive powers of government, where the concurrence of council is not required according to the laws of the State, and grant reprieves or pardons for any crime, except in cases where the law shall otherwise direct.' This, I suppose, no one will contend, can be applied to the President of the United States. ”

“ The executive office in England and that of this country is so widely different, that doubts may be entertained whether it would be safe for a republican chief magistrate, who is the creature of the laws, to be influenced by the exercise of any leading power of the British sovereign. Their respective powers are as different in their origin as in their exercise. A safer rule of construction will be found in the nature and principles of our own government. ”

“ On the contrary, an act has been done, entirely inconsistent with a reprieve, as that only suspends the punishment for a fixed period. The punishment of death has been commuted, for confinement to hard labor in the penitentiary during life. It is a perversion of the facts to say that Wells has been reprieved by the President; nor can it be said that he is now in confinement under a sentence of death. The sentence of death has been commuted for confinement. ”

“ Whilst the prerogatives of the crown are great, and occasionally, in English history, have been more than a match for the parliament, the President has no powers which are not given him by the constitution and laws of the country ”

“ The 1st sect. requires the governor to issue a warrant to the sheriff, to carry the sentence of the court into effect. The 2d sect. that, in his discretion, the governor may commute or change any sentence or judgment of death into other punishment of such criminal of this State, upon such terms and conditions as he shall think expedient. And if a slave, he may be transported and sold for the benefit of the State. ”

“ In that case, this court 'considered Watkins in custody under process awarded by the circuit court, and that whether he was rightfully so was the very question before the court; and if the court should remand the prisoner, it would clearly be the exercise of an appellate jurisdiction.' The same remark applies with equal force and effect to the case before us. ”