Page:Federal Reporter, 1st Series, Volume 8.djvu/628

614 FEDERAL REPORTER. �" The secretary o£ the treasury may, upon application tlierefor, remit or mit- igate any fine or penalty provided for iu laws relating to steam-vessels, or dis- continue any prosecution to recover penalties demanded in such laws, except- ing the penalty of imprisonment, or of removal from office, upon such terms as he in his discretion shall thinli proper ; and all rights granted to informers by such laws shall be held, subject to the secretary's power of remission, except in cases where the elaims of any informer to the share of any penalty shall have been determined by a court of competent jurisdiction, prior to the appli- cation for the remission of the penalty; and the secretary shall have authority to ascertain the facts upon all such applications, in such manner and under such regulations as he may deem proper." �Title 52 of the Revised Statutes, in which sections 4465 and 4469 are found, is entitled "Eegulation of Steam-vessels." Those sections and section 5294 were originally enacted as part of the act of Feb- ruary 28, 1871, entitled "An act to provide for the better security of life on board of vessels propelled in whole or in part by steam, and for other purposes," (16 St. at Large, 440;) section 4469 being a part of section 48 of that act, and section 4469 being a part of section 49, and 5294 being, in substance, section 64. �It is contended for the libellant that the warrant of remission is void and of no effect, because section 5294 is unconstitutional in that it infringes on the pardoning power vested in the president. The constitution (article 2, § 2) provides that the president "shall have power to grant reprieves and pardons for oiiences against the United States, except in cases of impeachment." It is contended that this power is exclusive, and that congress cannot lawfully grant to the secretary of the treasury the power conferred on him by section 6294. �The power of the president to pardon bas always been construed to extend to the remission of fines, penalties, and forfeitures accruing to the United States for offences against the United States. Op. Attys. Gen. 418. �In U. S. V. Lancaster, 4 "VVash. 64, a vessel had been seized by the collecter and libelled for forfeiture for a violation of the embargo laws, and released on a bond for her value. She was condemned as forfeited, and a suit was brought by the United States on the bond. Afterwards the president remitted to the defendant all the right and interest of the United States in and to said bond, and required all proceedings on the part of the United States to be forthwith dis- continued. The question arose in the suit whether the pardon of the president affected the rights of the officers of the customs to the moiety of the forfeiture. It was held that the terms of the pardon were such as to remit only the interest of the United States, and not ��� �