John Dalton Knows (Knew) Respites
It probably didn't seem like much of a day to John Dalton and Samuel Tully. They had been escorted through South Boston to the gallows and, according to reports, "a vast multitude" was on hand to enjoy some early 1800's justice. Tully had written out some remarks but couldn't find the strength to read them out loud. Dalton had nothing to say and his hands were secured behind his back. The rope was placed around his neck and the cap was drawn over his eyes.
That is right about when James Madison (a.k.a. The Father of the Constitution) did what a senior legal analyst at CNN recently suggested no president could do. Madison halted Dalton's execution without granting a pardon, a conditional pardon, a commutation of sentence or a conditional commutation of sentence. Madison got in involved in the criminal process, delaying the sentence via the clemency power, by granting a respite. It wasn't an "all or nothing" act. It was somewhere right in between.
And I bet the crowd in attendance wasn't very pleased about it either.
Madison granted respites for John Dalton (convicted of murder and piracy) on November 30 and December 18 of 1812. He then granted additional respites on January 6, February 6 and March 6 of 1813. Then, on June 5, 1813, Madison pardoned Dalton without any explanation whatsoever.
No constitutional expert has ever challenged, or held in question, Madison's right to exercise the pardon power in the manner that he did. And with good reason. He was only doing what George Washington had done with two so-called Whiskey Rebels back in 1795. As for Madison's last-minute antics ... well, Washington was all into that kind of thing as well. But that is another story.
That is right about when James Madison (a.k.a. The Father of the Constitution) did what a senior legal analyst at CNN recently suggested no president could do. Madison halted Dalton's execution without granting a pardon, a conditional pardon, a commutation of sentence or a conditional commutation of sentence. Madison got in involved in the criminal process, delaying the sentence via the clemency power, by granting a respite. It wasn't an "all or nothing" act. It was somewhere right in between.
And I bet the crowd in attendance wasn't very pleased about it either.
Madison granted respites for John Dalton (convicted of murder and piracy) on November 30 and December 18 of 1812. He then granted additional respites on January 6, February 6 and March 6 of 1813. Then, on June 5, 1813, Madison pardoned Dalton without any explanation whatsoever.
No constitutional expert has ever challenged, or held in question, Madison's right to exercise the pardon power in the manner that he did. And with good reason. He was only doing what George Washington had done with two so-called Whiskey Rebels back in 1795. As for Madison's last-minute antics ... well, Washington was all into that kind of thing as well. But that is another story.
posted by P.S. Ruckman, Jr. | 1:18 AM
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