The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-09-18

and pardon in pursuance OF Legislative
authority, or whether it is pardon simply as
an executive act; and secondly, whether, under
the wel-known rules of law, he can pardon,
even in the form in which he has chosen TO
attempt to do If his proclamation Is an act
of amnesty, then it would seem to be clear
that, as the Executive be has no power to
issue it. The Constitution empowers him
only 'to grant reprieves and pardOns for
oAenses against the United States''-not
amnesty. Now, what is q pardon Chief
Justice Marshall, delivering the opinion of the
Supreme Court in the case Of the United States
VS.. Wilson q Peters), defines pardon as
IAN act ofgrace proceeding from the power
intrusted with the execution Of the laws,
bestowed from the punishment the law inficts
for a crime he has committed. II is the private,
though ofcia m act 81 i9e GXeGuIlye zee mqgsSfate
is Intended, and not communicated omceiaily
"a pardon is a deed, to the validity of which
delivery is essential, and delivery Is not COM
plete without acceptance. 1t may then be re-
and if il be rejected we have discovered no
power in a Court to force it upon him"
It will be seen, therefore, that the Presi-
dents proclamation has none OF the elements
of pardon as distinguished from an amnesty.
1t is not deed to the individual exempting
him from punishment. 1t is not 'priyate
though official act of the Executive Magistrate
delivered to the individual for whose benefit it
is intended" " but public proclamation, as in
terms it exempts whole classes in the commu-
nifty, and, if of any avail, obliterates their
offenses It does not leave to the individual
the option to accept or reject its benefits, as he
would have right to do if it were pardon.
Indeed, it processes on its face to be an extern
sion of the acts of amnesty and pardon issued
by Presidents Lincoln and Johnson, on Decem-
Der 8, 1853, March 26, 1864, and May 20, 1865,
in these words-
81, Andrew Johnson. President of the United
States, do hereby p oclaim and declare that the
full pardon described in the said proclamation
of the 20th day of May, Ammo Domini 1865,
shall henceforth be opened and eGtended to all
persons who directly or indirectly participated
In the late Rebellion with the restoration of all
privileges imTnunities and rights of properly,
except as 10 property with regard to slaves, and
except in cases of legal proceedings under the
laws of the United States"
1t is, in fact, a proclamation of grace and
amnesty. What, then, is an amnesty2 Bou-
| vier, in his claw Dictionary" defines am
nesty to be can act of oblivion of past ofenses,
granted by the Government to those who have
been guilty of any neglect or crime, usually
upon condition that they return to their duty
within a certain period" "Amnesty and par
don are very different" X X y 4 Gam
nesty is the abolition and forgetfulness of the
ofense; pardon is forgiveness. A pardon is
given to one who is certainly guilty, or has
been convicted; amnesty to those who may
! have been so" X X X "Pardon IS
always given to individuals, and properly
only after Judgment or conviction amnesty
may be granted either before Judgment or
afterwards, and it is in general given to whole
classes OF CRIMINALS or supposed criminals, for
the purpose of restoring tranquility in the
State. But sometimes amnesties are limited,
and certain classes are excluded from their
operation" -
1t will be observed that amnesty proceeds
from the sovereign power, and not from the
] iUau only rhono in TINA
of war, when, for the purpose of suppressing
| rebellion or civil commoton, sovereign
! power for this purpose is vested in the EXecu-
tive. Amnesty is an act of Government
which in fact repeals the law which defines
| the crime. Pardon is the act of the EXecu-
tive which RENTS the punishment. Pardon
operates on the individual by deed amnesty
upon the community by law. All previous
proclamations of pardon and amnesty by
! President Lincoln or Johnson were authorized
! by and in pursuance of an act OF Congress,
! which act has been repealed at the late session
| for the very purpose OF prohibiting Johnson
| from doing this very thing.
Chief Justice Marshall again. says = Gas
this power of pardon had been exercised from
time immemorial by the executive of that
nation whose language is our language, and to
whose judicial institutions ours bear close
resemblance, we adopt their principles
respecting the operation and effect OF a
! p1tluOh'
Now, acts of amnesty have been as immemo-
rial in England as grants of pardon, and II
will be found that, save when proclamatlons
of amnesty and pardon in time of civil com
motion have been issued by the King for the
purpose of inducing rebels to return to theil
allegiance, as an exercise of the war-makinG
power, all the English rebellions have beer
healed by acts of grace and oblivion coming
from Parliament, sometimes, though erro
neously, called ''pardons by act of Parliament.
OF these, being parts of the public law, Court
must take judicial notice. Marshall give
l the reason for this as folloWs:-"The reason
why q Court must eX-oticO, take notice of
pardon by act of Parliament, is that it is con
sidered as public law, having the same effec
on the case as if the general law Furnishing tn
= offense had been repealed or annulled."
: In earlier times the Kings OF England Dor
;, rowing the practice from the Pope, undertook
u to issue dispensations, both to individuals an
: to communities, for the commission of crime
: and suspension of the execution of the laws
but the last of such dispensations was issue
/ by James III, and cost him his throne; and i
a the first year of William and Mary Parliamer
enacted that no such dispensation or gener.
- pardon by the King should thereafter |
- granted. And the first subsequent attemI
- has been made in this constitutional Cover
!, ment by President Johnson.
J AS illustrating the difference between pardo
> and amnesty, it will be observed that the Coz
!, stitution empowers the President ''to graz
- reprieves and pardons." The one power
l. as broad as the other. repreve is a stay