The Portland daily press., 1895-11-16

oo1 aAter Indictment anu DeIOfe ulAe'A'
aitef conviction and before sentence
anu AFTER sentence, and for the purpose
Oh restoring his rights of citizenship he
can pardon convict even after the ex-
plration of his sentence. The power to
pardon before conviction and sentence Is
one, however, that has seldom been ex-
erclsed President Cleveland has InVa-
rlaoiy refused to pardon before the I'M
posltlon OF sentence, and in cases Where
appeals are taken to the United States
Supreme Court he has invariably de-
clined to consider applications for par
don until after the appeal has been de-
clded. Prior to President Cleveland
administration no President has exercised
the power of pardoning convlcts a1oer
they have completed their term OF I'M
prisonment in order to restore their oltl-
zenship Preceding Presidents took
such action only during the convicts
imprisonment, usually just before the
time of his release.
II The President also has the power to
remit fines, penalties and costs IN all
cases where the money has not been paid
into the treasury by covering warrant.
When SO turned into the treasury, now
ever, it can only be refunded by special
act kof Congress. Furtherm ore, the
President can grant conditional pardons
imposing certain restrictions of good be-
havior, and there are many cases OF this
kind.
THE PARDONING POWER.
Prior to the adoption of the articles OF
confederation there was no general rule
as to the exercise of the pardoning power,
and there was nothing in these articles as
to how it should be exercised, although
it was tacitly agreed, at that time, that
it was vested in the President. 1t had
been previously exercised entirely
by the governors of the states The power
was vested in the President of the United
States at the constitutional convention
after long and interesting debate.
There has always been more or less
discussion as to the Presidents authority
to grant amnesty in the absence OF spe-
ciflc legislation. Such power, however,
was recognized and exercised by Washing
ton, Madison and Adams. Washington
issued proclamation granting amnesty
to the persons implicated in what is
known as the "whiskcy insurrection'
in Pennsylvania in, 1894. Adams issued
an amnesty proclamation for the pardon
of the men who took part in the so-called
"House taxi instruction in the same
state in 1898. In 1916 body Of desperate
men established themselves on an island
in Lake Barataria, near the mouth OF
the Mississippi, and committed various
depredations IN violation of the non-in-
tercourse act Of 1916. They were known
as the ssBarataria pirates. = Madison is
sued an amnesty proclamation for their
pardon without recourses OF Congress, al
though that body was in session at the
time.
The power of general amnesty was not
exercised by any President up to the time
of the civil war. On the 18th of July,
1862, Congress passed an act authorizing
the President to grant general amnesty.
under certain conditions to persons who
had taken up arms against the govern
ment In accordance with this act Presi-
emit Lincoln issued an amnesty proc
lamation Sept.S, 1868, and subsequently
in March, 1864, he issued another SINH
lar proclamation, stating more speslilcai
ny the class of persons entitled to the priv.
ileges of the act -Four amnesty procla-
nations, each more liberal in its pro-
visions than it's predecessor, were issued
by President johnson, and since then
there has been no occasion for such action.