Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-01-05
THE POWER TO PARDON
POSSESSED BY GOVERNOR TAFT
IN THE PHILIPPINES.
Opinion of Judge Magoon, Land Of
ficer Of War Department, APPROX
ed by Secretary Root.

Governor Taft Is rece'v ng a large num-
ter of plea ions for paid ms from per-
sens convicted by the civil courts, the pro-
VoS, c9ur,s a b. military commissions our
ing the time the Ph lippine Islands were
under military government. The act or
Congress creating civil government Tor
the islands made no provision respecting the
uarGoning pow eI. and it was therefore nee
,ssary to ascertain by whom this power
was to be exercised under the general prin-
c'plos of government prevailing in the
United States.
Judge Magoon's Opinion.
Governor Taft referred the question to the
War Depar tment. where II was examined
and reported on by Judge Charles h. Ma
COON. law officer, bureau of insular az
fairs The substance of Judge Magoon's
report is that to the President Is committed
1.-THE power 10 srant geprieves and pardons
for offe.ses against the United States.
The Philippine Island being subject to
the sovereignty and governed by the ma
tiona, authority Of the United States. he
holds that violations of the laws In force IN
those islands a.e ohenses against the
United States There being no procedure
prescribed by Congress for the exercise of
the lardonins power, Judge Magoon holds
that the Pres dent may permit his Will TO
be decl ired ny a subordinate official of the
executive branch of the government, whose
act is the act of The President in contem-
plation of law. He says that instances
wherein The pardoning power Is exercised
NAV J. divided into two general classes:
IL 'l.o,t wherein the grant of pardon
is an ac. of grace determined without ref
erence to the rights or merits OF the bene-
ficiary. such a general amnesty for rea-
sons of state or grants of pardonS In cele-
bration of d festival:
90 Those whe. Elm the grant of a pardon
is made with reference to the rights or
merits of the benefic airy, such as where
the innocence of a convicted person Is es-
tabished or the injustice of the sentence
imposed is made to appear.
I'm instances arising in the Philippine Is
lands wherein an application for a pardon
is to be determined with reference to the
rights, merits and den erits OF the immedl-
ate beneficiary" Judge Magoon says, the
exercise of the pardoning power may prop
erly be considered as Il means for the eff
Gent and just administration of the local
penal laws: and therefore may be exercised
by the civil governor of the islands as the
chief executive OF the government intrusted
with the execution of the laws.
Gov. Taft Notified.
Secretary Root approved of the views set
forth in the report and advised Governor
Taft today that the civil governor Of the
Philippine Islands Is authorized to exer-
else the power to grant pardons. reprieyes
and combinations of sentence in cases in
volving offenses against the laws of the
civil government of the Philippine Islands.
The civil governor is authorized to exercise
like authority as to convictions and sem
fences imposed by military commissions
and provost courts in the Philippine Is
lands in all cases wherein the record does
not disclose affii rnatively that the offense
which the conviction was secured was
an offense against the laws of war. The
civil governor in the exercise of said au
thority will act "by authority of the Presi-
dent of the United States" The Secretary
holds that the authority of the civil gov
ernor to exercise said power does not ex-
tend to offenseS tried by courts-martial;
nor to offenses against any of the general
statutes OF the United States which may
be in for in the Philippine archipelago.
All pardons granted by the civil governor
are to be reported to the Secretary of War
for presentation to the President.