Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-05
An Historic Document in the Records
Of the War Department.
EXERCISE OF EXECUTIVE CLEMENCY
How the President Uses the Par
=: doning Power Vested in Him.
KET OF THE YEAR

A few months ago all the records in cases
of applications for amnesty under the proc
lamations issued during and after the war
We're, by direction of the Attorney General,
transferred to the record and pension Office
of the War Department. This mass of
papers has been properly recorded and in
deXed Among them are many of great
historical interest, chief of which Is the
petition for the pardon of jeff Davis. the
head and front Of the lost cause 1t
bore the signatures of over 1900 persons
and was contained in beautiful sack of
pure white silk. Another celebrated case
was that of DR.. Mudd, who was sent to the
Dry Tortugas for alleged completely in the
conspiracy against the life of President
Lincoln.
1t is roughly estimated that 1000 convicts
have been pardoned by the various Presi-
dents since the founding Of the republic,
and that in all about 1900 persons have
received the benefits of presidential am
nesty. The first President to grant many
pardors was Monroe He has 49, to his
credit. Prior to that time, throughout the
administrations of Washington, Adams.
Jefferson and Madison, the total number of
pardons was 354. After Monroe pardons
were few up to the time of Andrew Jack
son, who has record of 339. Coming
down to more modern times Lincoln par
doned 1856. Grant, 1412; Hayes. 9O5; Arthur,
2S4; Cleveland, first administration, 40;
Harrison, about $50; and Cleveland, second
administration. to date, about 400.
Until a comparatively recent date the
State Department has had charge of the
business of pardons. All petitions for ex-
ecutiVe clemency were filed there and were
investigated by it's officers, who prepared a
brief in each case and submitted 1T to the
President for his action. A change occurred
In 1851, however, when Secretary Webster
transferred the entire business to the De-
partment of Justice, where it has remained
ever since. Even after this transfer, how
ever, while the cases were investigated at
the Department of Justice, in case the Pres
fdent granted pardon l. was necessary for
the Attorney General to write to the Secre-
tary of State asking that he issue warrant
in accordance with the Presidents action.
These warrants recited the reasons for the
pardon or Communication of sentence, which
ever 1t might be, and were first signed by the
President and then countersigned by the
Secretary of State. They also bore the great
seal of the United States.
President CIeveInnd's Order.
This practice was followed until June, 1893,
when President Cleveland issued an execu-
tive order directing that all warrants of
pardon heretofore prepared at the Depart
ment of State be prepared in the Department
of Justice, and that the duties heretofore
performed in such cases by the Secretary of
State be performed by the Attorney Gen.
eral. This order is still in force that now
warrants for pardon are countersigned by
the Attorney General. instead of the Sec
rotary of State. and bear the seal of the
Department of Justice instead Of the seal
of the United States.
Under the present system all applications
for pardonS receive at the Department of
Justice are at once forwarded to the United
States district attorney for the district
where the trial took place. with the request
that he make report thereon and obtain. if
possible. the opinion of the judge before
whom the convict was tried
Except in capital cases, If the report made
by both the district attorney and the trial
judge is adverse to the granting of the par
don, the papers are not sent to the President
for his considerations; but in all cases where
the district attorney and judge do not agree
to the expediency of extending executive
olemency the papers are forwarded to the
President for his action.
Restoration to Citizenship.
Under another rule applications made
merely for restoration to citizenship will not
be considered by the President prior to the
expiration of the sentence. After the con-
vict has been released for a considerable
period, and his good conduct is certified to
by the people among whom he lives, the
President then will consider the application
When case is decided. the applicant for
executive clemency or his attorney is noti-
fled of the fact. If pardon is granted war
rant is forwarded at once to the applicant
either through the United States marshal or
the warden of the Jail where the convict is
confined. If the pardon is denied, the in
dorsement made by the President upon the
papers during the application is forwarded
to the applicant or his attorney.
The majority of offenses against the Unit
ed States, in which the President is called
upon to exercise clemency, are violations of
the postal and internal revenue laws horse
stealing, pension frauds, counterfeiting, de-
falcatlonS and election frauds The reasons
urged in most cases for pardon are i'll health,
unjust conviction and the privations of the
convict's family because of the loss of his
services.
Under the Constitution, the pardoning
power of the President in all United States
cases is absolutely unlimited, except in cases
of impeachment. At least, a Star reporter
III search of information on the subject was
so informed at the Department of Justice.
where Mr.. Endicott the federal pardon
clerk, who prepares all applications for par
don for the Presidents consideration, has |
his official abode. According to that official |
the President has the right to pardon a |
United States prisoner before he is indie ed |
after Indictment and before trial, after con-
viction and before sentence and after SEN
tence, and for the purpose of restoring his |
rights of citizenship he can pardon a con-
Wet even after the expiration of his SEN
tence The power to pardon before con-.
Wction and sentence is one, however that |
has seldom been exercised. President C1ave-
land has invariably refused to pardon a |
prisoner before the imposition of sentence
and IN cases where appeals are taken to
invariably declined to even consider apnli-
cations for pardon until after the apneal |
shall have been decided. Prior to President
Cleveland's administration no President
has exercised the power of pardoning CON
victs after they have completed their ;ern,
of Imprisonment in order to restore their
citizenship. Preceding Presidents took such
action only during the convict's imprison-
ment usually just before the time for his
release. N MS
~, The e. President also has the power to re-
init fines, penalties and costs in all cases
where the money has not been maid into
the treasury by a covering warrant When
SO turned into the treasury, however If |
can be refunded only by a special act of
Congress. Furthermore, the President can
grant conditional pardons Imposing certain
restrictions of good behavior, and there are
many cases of this kind.
The Pardonins Power.
Prior to the adoption of the articles of i
confederation there was no general rule as
to the exercise of the hardening power and |
there was nothing in these articles as to |
how it should be exercised, although 1t was
tacitly agreed, at that time, that 1t was
vested in the Pre- sident. 1t had been pre- |