Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1866-01-25
The pnrdoning Power.
ChAwFonDsViLLE,I md, Jan. l3, 1903
To the Editors rs the EnauIrcr;


To the Editors as the Euquircr
Several of your readers have hnd n ndscussiou
IN relation TO the righ ofthe President to cxer.
;i;e ths "hasdonng bowf,rn Ia The case Of the
Every person is considered innocent until
proven guilty; Although those engaged iu the
yet arc they ic0diiy guilty until tried and con-
tcted by "a competent trlbunnl? Cnn person
edRY convlctcd9 Are not the southern people
III the position of those who are awaiting their
trial for offences?
BY explaining these questions as fully as you
' wv SEVERAL READERS,
The Constitution provides that 'thc
President shall have power to grant re-
prives and pardons for oifenses against the
United States, except in cases of impcach-
mcnt." In respect to the pardoning pow.
or, there has been no legislation by Con
gress previous to the rebellion; and if there
has been any since we are unadviscd as to
its character. Nor, so far as We can learn,
has the point presented by the above nqui.
ry been iudicially examined. The general
opinion is, in the words of Chancellor Kent,
that "the power Of the President is unlim-
tied, except in cases of impeachment. In
the opinions of the Attorney-gencral vol
ume six, page twenty, it is holden that the
President may pardon as well before trial
and conviction as literward. y
1t may be asked, even if the President
may grant pardon before trial and convic-
ton, is it certain that he may before prose-
cution is initiated Must there not be for
NAL information hat the party applying for
pardon is in jeopardy, before the power can
be legitimately exercised? Upon this point
we can only say that this has been done in
a. multiplicity of cases in England, where
the terms of the rule are substantially the
same as cited above. by the act of settle
ment, of the crown, II and Is, William, 8,
it is laid down that ''in all cases of crimes
except where there is an impeachment a
pardon from the crown may be granted be-
fore trial, as well as after" Similar
practices also prevail under similar rules, in
the most Of the European States.
1t is true, that in contemplation of law,
a man is to be holden innocent until he is
proven guilty; but it will be remembered,
no man is compelled to be pardoned and
that he may always, if he will, decline to
accept the Executive clcmency. They who
receive pardons are always applicants for
them; and the application can hardly be
taken otherwise than asa confession of some
degree Of criminality. Whether the par
don can legitimatcly issue only after and
not before prosecution initiated, is really a
point Of little Importance; for in neither
casc--unless the trial proceeds to verdict
is the guilt of the party officially ascer-
taincd. Technically, under the Republican
doctrine, all the people of the South who
participated in the rebellion are guilty OF
treason, and subject to be proceeded against;
and the power vested in the chief executive
officer Of the Government to remit the pen
Il Il al n, al
plicJ nrosccutions that would otherwise fol.
low great civil Disturbances, under that
technical view of the law which judges arc
compelled to take, would occasion. Gin.