Lincoln County NcArchives Court.....State, V. Twitty 1826
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Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 February 8, 2009, 8:09 pm

Source: Nc Court Reports, Vol 11, 1826
Written: 1826

December Term 1825

State v. Twitty. 

From Lincoln.

The Governor cannot, constitutionally, add to or commute a punishment; but 
under the power of pardoning, he may remit part of a fine.

The defendant had been convicted of forgery, and appealed to this Court, where 
the judgment below was affirmed. The sentence of the Court was the pillory, 
three years imprisonment, thirty-nine lashes, and a fine of $1,000. Execution 
issued for the fine and costs, and the sheriff levied on property sufficient 
to satisfy them; afterwards a ven. ex. issued, on which the sheriff returned, 
that he had sold the property, satisfied other executions from Mecklenburg, 
and had satisfied one half of the above fine of $1,000, the residue having 
been remitted by Governor Holmes, and that by direction of Mr. Solicitor 
Wilson, he still retained in his hands the remaining $500.

At October term, 1825, before Nash, Judge, the defendant was, on motion of Mr. 
Wilson, ordered to show cause wherefore execution should not issue for the 
remaining $500; and on argument the rule was discharged; whereupon the 
solicitor appealed, on the ground that (194) by the constitution and laws of 
North Carolina, Governor Holmes was not vested with the power which he had 
exercised.

The transcript of the case sent up, did not contain a copy of the instrument 
signed by Gov. Holmes.

The case was submitted without argument.

Taylor, Chief Justice, delivered the Court's opinion.

The power of pardoning is confided to the Governor, by the constitution, in 
very general terms, and restricted only to these cases where the general 
assembly shall carry on the prosecution, or the law shall otherwise direct. 
This case does not come within either of the exceptions; and as the Governor 
might have granted a pardon as the whole of the punishment, why may he not do 
so as to part? Though he cannot add to or commute a punishment, it is 
consistent with the spirit of this authority, and clearly within its words, 
that he should remit part of a fine. There seems to be no ground for doubting; 
and the judgment must be affirmed.

Judgment affirmed.

Additional Comments:
North Carolina Reports, Volume 11
Cases Argued and Determined in the SUPREME COURT of NORTH CAROLINA.
For December Term 1825 and June Term 1826 
by Francis L Hawks (Vol. IV)
Annotated by Walter Clark
Richmond: James E Goode Printing Company, Printers
1897

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