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. And this ought the rather to be the case,
as the supposition of the connivance of the Chief Magistrate ought not
to be entirely excluded. But there are also strong objections to such
a plan. It is not to be doubted, that a single man of prudence and good
sense is better fitted, in delicate conjunctures, to balance the motives
which may plead for and against the remission of the punishment, than
any numerous body whatever. It deserves particular attention, that
treason will often be connected with seditions which embrace a large
proportion of the community; as lately happened in Massachusetts. In
every such case, we might expect to see the representation of the people
tainted with the same spirit which had given birth to the offense. And
when parties were pretty equally matched, the secret sympathy of the
friends and favorers of the condemned person, availing itself of the
good-nature and weakness of others, might frequently bestow impunity
where the terror of an example was necessary. On the other hand,
when the sedition had proceeded from causes which had inflamed the
resentments of the major party, they might often be found obstinate and
inexorable, when policy demanded a conduct of forbearance and clemency.
But the principal argument for reposing the power of pardoning in this
case to the Chief Magistrate is this: in seasons of insurrection or
rebellion, there are often critical moments, when a well-timed offer of
pardon to the insurgents or rebels may restore the tranquillity of the
commonwealth; and which, if suffered to pass unimproved, it may never
be possible afterwards to recall. The dilatory process of convening the
legislature, or one of its branches, for the purpose of obtaining its
sanction to the measure, would frequently be the occasion of letting
slip the golden opportunity. The loss of a week, a day, an hour, may
sometimes be fatal. If it should be observed, that a discretionary
power, with a view to such contingencies, might be occasionally
conferred upon the President, it may be answered in the first place,
that it is questionable, whether, in a limited Constitution, that
power could be deleg