The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-10-03
The Effect Of q Pardon ON the
Rights of a Person Con-
Victed OF Bribery, Per-
jury, or other In
famous Grimes.
H.etter from the Chairman of the
Democratic state Executive
Committee.
gAcKsoy. Ml.s.. Sent. %. lslG.

j. l.. Horkias, Esq.;
DgAR SIR Your letter making enquiry
as 10 The effect OF q pardon on the right of n
| person convicted Of "bribery, perjury. or
other Infamous crimes" l. before une NV
attention has been called tn this subject by
other persons, and have heretofore given
the mattsr all the consideration that Ia i'm
portanee deserves, aud have reached the
/ conclusion that pardon has no effect To
give convict the right OF suffrage OF cligl-
biiity TO office.
As n general lule, full pardon removes
Fall the Punishment and restores the crimi.
nal 10 all his rights as they existed before
the conviction was had but this fule of
the common law has lleyer been construed
10 have the effect Of giving to pardon a
qualification denied expressly by statute, or
hy the constitution. IL this was so, section
779, of the Code of 1871, would be unconsti-
tutionM Ia limiting the common law effect
ot pardon In casos OF convictions Tor per
jury, by preventing such pardon from re-
storing the competency OF convict for
perjury, to be a witness. To the same Ell. ct
was the Act OF lS2l. Hutch. Code, D. sol,
Slll, This view Was sustained by decision
tnadc by Judge Fisher of this State In a
case arising In DeSoto county In 1870
Buta disqualification 10 vote Is not such a
punishment In the legal sense OF the word.
II Is not embraced Ia the Judgment OF the
cpurt prOnounclng sentence. II IL were a
legal punishment for the crime, IL would
cease with the expiration OF the term Of
imprisonment imposed on conviction. Ii
may operate IN ono sense as u severe pun
lshmcut tD the convict, but the puniahment
would be moral and emotional, lust as
proof made Of the infamy Of mans char
Rcter by general evidence, which would
~ a. a<pltda all T.,
ments Under oath. Il " disqualification to
vote" were IN a legal sense, punishment.
all women would be undergoing q perpetual
punishment for no crime whatever, unless
To be such as God made them be- crime
so minors would be undergoing punishment
I'LL their majority our immigrants Into the
State would be Suffering punishment TIL
their residence had been continued Tor the
time prescribed by the Constitution and
the same may be said of unnaturalized citi-
Lens. SO when aqualifed elector removed
from the State, lac would be sald properly
(under this View TO be punished for such
removal, by aloss OF the right TO vote--so
removal from one county 10 another would
also be punishment by u loss OF the right to
vote, until ho should have been In his new
place OF residence for one month. This
view (thnt disqualification TO vote is pun
ishment) would make neglect 10 register
a crime, punishable by such disqualihc hcatiuu
And so person who should become insane,
aud therefore, by the law OF all civilized
countries, incapable OF crlme would be
undergoing punishment for the severest
misfortune, as II hc We're criminal.
THIS argument shows conclusively that
the disqualification 10 vote arising from the
conviction OF an Infamous crime, IL IN no
just sense punishment Tor the crime, aud
| fbgQa mt ifbiu fltu -
tive pardon.
IL must be remembered also that suf-
frage Is ratller public duty than an indi-
vidual right. IL Is conferred on certain
classes, never more than one-iinh OF the
community, and denied To all others, not
upon any idea that those upon whom Il Is
conferred have any superior natural right
70 10 over the others, but because IL Is
deemed best Tor the good CT all that they
alone Should exercise IL aud the others
should not IL is a social and conventional
right or duty, conferred by law, and not
an individual aud private right Inherent
In a human being. II this were not 80 a
voter would have the right to sell or dis
pose OF his vote for bis own Advantage
All constitutions and laws regulating SUI
frage proceed on this theory and no other /;
and hence all fix In terms rule by which
the qualifications Of voters are determined.
This rule Is perem ptorlly fixed 50 as % In
cluae all as voters whom the interest OF the
State requires To be SUCH aud to exclude
all. whom, In the main 1t would be unsafe
to admit. The rule necessarily admits and
excludes classes; 1t Is not fixed for individ-
ual cases To show how purely conven-
tional Is suffrage we have but to consider
the case Of a young man, well educated,
honorable aud public spirited, lacking one
HuFf ~ h.fn
want OF that day excluded. and the con-
tras,ed case OF aaother young man, igno-
rant and debased aud who Is only one day
Older, ard Is on account OF that extra day
admitted to vote.
The peculiar Dhraseology OF our constitu-
tion on this subject is In exact accordance
with these views. Art 4 section q includes
as a qualification to vote, "Exemptlon from
crimes" Art. ". section II, defines the
crimes, upon conviction Of which, the party
/. excluded from tha class of qualified elec-
tors. All persons are thus excluded who
shall have been convicted of 'bribery, per-
| jury, or other infamous crimes" The ex-
clHsion Is express and uumistakakle, and 10
is OF all who shall have been convicted, etc. I.
A person pardOned after conviction Is new
ertheess one who has been convicted. .
Tine pardon relieves him OF the punishment
attached, but 10 does not make him a person
who has not been coaricted. The exclusion
from suffrage is part of the constitution
which is the supreme law OF tile State. A
statute passed By the Legislature aud ap.
proved by the Governor, reversing this
exclusion, would be unconstitutional ant
Of no effect. Certainly 1t was not intended
to vest In the Governor power to chang,
a constitutional rule as to suffrage, whici
was denied to him and the Legislature to
gether. To say that the Governors pardon
removes this disqualification of conviction
ofan Infamous crime, Is In effect. to con
cede 10 the Governor q power to chang
the constitution itself
Streng confirmation Of these views wi
be found in the Reconstruction Acts q
Congress, In which, notwithstanding tn
Presidents pardon. certain classes engage
OF the Southern side in the late war, wer
excluded from the right Of suffrage. Thi
legSlation can only be maintained on Ia
foregoing reasoning. The above refer
alone to convictions in this State.
Yours truly,
| "