Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1867-09-27
9Qlaifal.
AMNESTY AND PARDON.

tho HIGHEST classes Of Rebels TO their rights, as
well al what may be the legal effect Of this
action. The right Of the President to do what
he has done depends upon the question ;--iirst
whether his proclamation is an act OF amnes'
ty and pardon in pursuance Of legislative
authority, OF whether it is pardon simply as
All executive act; and secondly, whether, IN
der Che well-known rules Of law, he can par
don, 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, he has no power
to issue it. The Constitution empowers him
only "to grant reprieYes and pardons for Of
fenses against the United States mot am
nesty. Now, what is pardon? Chief Ins-
tee Marshall, delivering the opinion Of the
Supreme Court ia the ease of the United
States VS.. Wilson e Peters,, defines pardon
as
San act Of grace 7prcceediHg from. tae
Iowor intrusted with the execution ol tde
laws, which exempts the individual on "hoiA
II + bestowed from the punishment the law
iuficts for q crime he has committed. IL Is
the private though official, act OF the ESee
utive Magistrate, delivered to the lndlFlduai
for whose benefit Is intended, and not com
uunicated officially to the Court
. A pardon is a deed. to the validity OF
which delivery is essential, and delivery IS
not complete without acceptance II may
then be rejected by the person to whom IL Is
rendered; aud If 1t be rejected, we have dls-
covered no power ia Court to force 1t upon
him..
1t will be seen therefore, that the fFesi-
dents proclaination has none OF the clements
Of pardon as distinguished from an amnes-
~. Ills not deed to the individual exempt
inc him from Punishment 1t is not "Pn-
vste though oii.eial.aot Of the Executive Mag
istrate delivered to tbe individual for whose
benefit it is intended, but public procama-
tioD. rs in terms 1t excmpts whole classes IN
the coumunity, and, if Of any avail, obhter-
ates their olrenses. It does not leave to the
individual the option 10 accept or reject its
hepefls, as he would have right to do if it
were pardon. Indeed, it processes on its
face to be an extension of the acts Of famnesty
and pardon issued by Presidents Lincoln and
Johnson, on December 8, 1868, March 26,
1864 and May %, 1865, il these words:-
~. Andrew johnson, President Of the
United States, DO hereby proclaim and declare
that fbe fun pardon described in the said proc
Iamation of the 29lh day of May, Ammo Dom
mi 1865, shall henceiorth be opened and er-
tended to all persons who directly or Indirect
lypartiaipated in the late Rebellion, with the
restoration Of all privileges, immunitles, and
rights Of property, except as to property with
regard to slaves, and except IN eases OF legal
a. Na pt
States.
It's, in fact, a proclamation of grace and
amnesty. Whist, then, IS an amnesty? Bou-
vier, in his 'I.aw Dictionary, defines amnes-
ty to be ''An act of oblivion Of past oaenses,
granted by the Government to those who have
been guilty Of any neglect or crime, usually
uuon condition that they return to their duty
within certain period Amnesty and par
don are very different Am
nesty is the abolition and forgetfulness of the
oGense 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" pardon is
always given to individuals, and properly on
" after judgment or conviction amnesty
may be granted either before Judgment or
afterwards. and tits in general given to whole
classes Of criminals or supposed criminals,
for the purpose ofrestoring 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
Executive power only, save, perhaps, in time
Of war, when, for the purpose Of suppressing
o rebellion or civil commotjon, sovereign
power for this purpose is vested in the Exec
utive. Amnesty is an act Of Government
which irl fact rapeals 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
proclamatious 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 st the late ses
sion for the very purpose Of prohibiting John
son from doing this very thing.
Chief Justice Marshall again says:-"A
this power of pardon had been exercised from
time immemorial by the executive of thai
nation whose language is our language, and tC
whose judicial institutions ours bear close
resemblance, we adopt their principles res
pecting the operation and effect Of par
dom" .
Now, acts Of amnesty have been as imme
mortal in England as grants Of pardon, and i
viii be found that, save when proclamation
OF amnesty and pardon in time of civil com
motion have been issued by the King for th,
purpose Of inducing rebels to raturn to thei
allegiance, as an exercise of the war making
power, all the English rebellons have beer
healed by acts Of grace and oblivion coming
from Parliament, sometimes though errone
ously, called "pardons by act Of Parliament.
OF these, being parts Of the public law
Courts must take judicial notice. Marshal
gives the reason for this as follows :-'sTb
reason why a Court must. ex-oiicio, take no
tice of pardon by act Of Parliament, is tina
it is considered as a public law, having thl
same effect on the case as if the general Ia,
Furnishing the of'euse had been repealed 0
annulled"
In earlier times the Kings ofEugIand, bon
rowing the practice from the Pope, uudertoo
to issue dispensations, both to individual
and communities, for the commission c
crimes and the suspension oflhe execution O
II