Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1870-07-08
FFFECT OF PARDON.

EFFECT OF PARDON.
The subject of pardon in this country
has in the last few years grown into I'M
usual importance, owing to a number of
people wanting it, and the character and
nature of the offense said to have been
committed by them. Our Supreme Court
of the United States has been called on
TO define the effects of such act of the
Executive ciemency, and in several pub
lished cases has done so in clear, com
prehensive and unequivocal manner. In
order to furnish our readers with thor
ough understanding of this subject, we
publish the following extract from the
decision of the Supreme Court in the case
of "Exparte Garland, " tried December,
1866, The language of the law, as is
laid down by this high tribunal, is to this
effect:
The Constitution (article ii, section p
provides that the President shall have
power to grant reprieves and pardons
for offenses against the United States,
except in cases of Impeachment"
The power thus conferred is unlimited,
with the exception stated. 1t extends to
every offense known to the law, and may
be exercised at any time after its COM
mission, either before legal proceedings
are taken, or dnring their pendeney, or
after conviction and judgment This
power of the President is not subject to
legislative control. Congress can neither
limit the effect of his pardon, nor exclude
from its exercise any class OF offenders:
The benign prerogative of mercy reposed
in him cannot be fettered by any legis-
latiye restrictions.
Such being the ease, the inquiry arises
MS TO the effect and operation Of par
don. and on this point all the authorities.
concur. A pardon reaches both the pun
ishment prescribed for the offense and
the guilt of the offender; and when the
pardon is full, it releases the punishment
and blots out of existence the guilt, so
that in the eve of the law the offender is
as innocent as if he had never COM
mitted the ohense. If granted before
conviction, it prevents any OF the penal
ties and disabilities consequent upon
conviction from attaching; If granted
after conviction, il removes tbs penalties
and disabilities, and restores him ~ all
his civil rights; it makes him, as it were,
a new man, and gives him new credit
and capacity.
There is only this liiaitation to its OPP
GRAFTON: IT does not restore Offices for
feited, or property or interests vested iD
Others in consequence Of the conviction
and Judgment.
The pardon produced by the petitioner
is full pardon " for all efenses by him
committed. arising from participation,
direct or implied, in the rebellion" sRd
Is subject TO certain conditions which
have been complied with The effect of
this pardon is to relieve the petitioner
from all penalties and disabilities at
tached TO the ofiense of treason, coz
mitted by his participation in the rebel
lion.
We are thus careful in quoting the
language Of the Court that ell who have !
received pardon of the President may !
know that no subsequent law of the Rad
zeal party can entail upon them punish
ment or disqualification for an offense
for which they have been pardoned. The
Supreme Court even goes further, il so to
speak, and at its last term, in case
broughtup by writ of error from the Court
of Claims, decided that the effects of an
amnesty itself is the same as pardon
Be this as it may, and it is correct doc.
trine, the Presidents pardon before the
adoption of the Fourteenth Amendment
relieved those who received it Of all their
disabilities, and there was. therefore, in
the ease of such persons, nothing upon
which the fourteenth Amendment cOdid
act after it became part Of the Consti-
tuition. So completely does a pardon
expunge the stains Of gHiit that it has
been decided to be actionable IS siaeder
10 charge a man with the crime OF
which he has already been pardoned
We care not Whist the intention of those
may have been, who pretended to incor-
porate the Fourteenth Amendment into
the Constitution, il can and viii not be
construed to be Retrospective in its Effects,
and cannot be made to apply 20 such
acts as we're at the time not known 70 he
offenses against the law. To punish, ae-
eording to all known law in the world,
there must have been first a conviction
before some properly authorized tribunal
to try the offender If any rebel tso.
called has been convicted Of treason OF
rebellion in any Of the States or
United States Courts since the war, we
are not aware Of IL: and till such convic-
ton takes place. every individual what
soeve- is presumed TO be Innocent. The
operation Of the Fourteenth AReHd-
ment was intended by the Radical psssy
to take this pardoning power ont Of The
hands Of Andrew johnson, the Presiden,
Of the United States, but until then Con
gress had 40 power over ~ matter, aud
cannot now seek to lay men NHder dis
abilities fo- ofenses for which they bsye
tong siscs been pardoaed.