amnesty

the claimant of property seized under the act of August 6th, 1861, is entitled to the benefit of amnesty to the same extent as, under like pleading and proof, he would be entitled to the benefit of pardon

An act of oblivion of past offenses, granted by the government to those who have been guilty of any neglect or crime, usually upon condition that they return to their duty within a certain period. Express amnesty is one granted in direct terms. Implied amnesty is one which results when a treaty of peace is made between contending parties. Vattel, lib. 4, c. 2, §§ 20-22. Amnesty and pardon are very different. The former is an act of the sovereign power, the object of which is to efface and to cause to be forgotten a crime or misdemeanor; the latter is an act of the same authority, which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. 7 Pet. (U. S.) 160. Pardon is given to one who is certainly guilty, or has been convicted; amnesty, to those who may have been so. Their effects are also different. That of pardon is the remission of the whole or a part of the punishment awarded by the law, — the conviction remaining unaffected when only a partial pardon is granted. An amnesty, on the contrary, has the effect of destroying the criminal act, so that it is as if it had not been committed, as far as the public interests are concerned. Their application also differs. Pardon is always given to individuals, and properly only after judgment or conviction. Amnesty may be granted either before judgment or afterwards, and it is in general given to whole classes of criminals, or supposed criminals, for the purpose of restoring tranquillity in the state; but sometimes amnesties are limited, and certain classes are excluded from their operation. See Phil. (N. C.) 247.

An act of oblivion of past offences, granted by the government to those who have been guilty of any neglect or crime, usually upon condition that they return to their duty within a certain period. Express amnesty is one granted in direct terms. Implied amnesty is one which results when a treaty of peace is made between contending parties. Vattel, 1, 4, c. 2, § 20. Amnesty and pardon are very different. The former is an act of the sovereign power, the object of which is to efface and to cause to be forgotten a crime or misdemeanor; the latter is an act of the same authority, which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed; U. S. v. Wilson, 7 Pet. (U. S.) 1G0, 8 L. Ed. 640. Amnesty is the abolition and forgetfulness of the offence; pardon is forgiveness. A pardon Is given to one who is certainly guilty, or has been convicted; amnesty, to those who may have been so; State v. ment awarded by the law,— the conviction remaiu ing unaffected when only a partial pardon is granted; an amnesty, on the contrary, has the el destroying the criminal act, so that it is as If it had not been committed, as far as the public interests are concciw Their application also differs. Pardon is always given to individuals, and properly only after judgment or conviction; amnesty may be granted either before judgment or afterwards, and it is in general given to whole classes of criminals, or BU] criminals, for the purpose of restoring tranquility in the state. But sometimes amnesties are limited, and certain classes are excluded from their operation. The term amnesty belongs to international law, and is applied to rebellions which, by their magnitude, are brought within the rules of international law, but has no technical meaning in the common law, but is a synonym of oblivion, which, in the English law, is the synonym of pardon; Knote v. U. S., 10 Ct. CI. 397. The distinction here taken between pardon and amnesty was formerly drawn rather in a philosophical than legal sense, and it doubtless has its origin in the civil law. It is, however, not recognized in American law, and it is thus referred to: "Some distinction has been made, or attempted to be made, between pardon and amnesty. • • • This distinction is not, however, recognized in our law. The constitution does not use the word 'amnesty'; and, except that the term is generally employed where pardon is extended to whole classes or communities instead of individuals, the distinction between them is one rather of philological interest than of legal importance." Knote v. U. S., 95 U. S. 149, 24 L. Ed. 442. Amnesty, therefore, may be rather characterized as a general pardon granted to a class of persons by law or proclamation. The act in such case is as properly a pardon as if simply granted to an individual. Indeed, it seems to be generally conceded in the United States that the word "pardon" includes the word "amnesty"; Davies v. Mc Keeby, 5 Nev. 369, 373. As to the amnesty proclamation of 29th May, 1865, see Hamilton's Case, 7 Ct. CL 444. The general amnesty granted by President Johnson on Dec. 25, 1S68, did not entitle one receiving its benefits to the proceeds of his property previously condemned and sold under the act of 17th July, 1S62, the proceeds having been paid into the treasury; Knote v. U. S., 95 U. S. 149, 24 L. Ed. 41:'. As to amnesty in cases arising out of the War of Secession, see Armstrong's Foundry, G Wall. (U. S.) 766, IS L. Ed. 882; Ex parte Garland, 4 Wall. (U. S.) 333, IS L. Ed. 366: V. S. v. Klein, 13 Wall. (U. S.) 12S, 20 L. Ed. 519; Armstrong v. U. S., 13 Wall. (U. §.) 154. 20 L. Ed. (114; Carlisle v. U. S., 16 Wall. (1. S.) 147, 21 L. Ed. 426; Witkowski's Case, 7 Ct. CI. 398; Haym's Case, 7 Ct. CI. 443; Warlag's Case, 7 Ct. CI. 501; Meldrims l 7 Ct. CI. 595; Scott's Case, 8 Ct. CI. 457. As to the power of the president to grant a general amnesty, and whether there is any legislative power to grant pardon and amnesty, see Executive Power; Pardon; Constitution of the United States; 34 L. R. A. 251, note.

A public act or proclamation of the established authority. to lead away; to remove admeasure, v. Admensu- Admeasurement v. Admendiminish; to annihilate; to punishment or pen- LI A pecuniary pun- Anciently distinguished out of express statute, being imposed only by the assessed or affeered {i. e., called aff eerors; in beparticularly a punishment sense now disused. carried. To lead. Amesner son; to bring the body of Adtneasurement next of blood or kin. person who suggests somemeans commonly an unsuggesting something, law sometimes counsel in the who has a right to introto an arrangement beof law. Amlttere curiam: to lose of attending the court the land. Amittere 111)- These last two expressions of bearing witness, or of punishment of one who or through having cried pardon for all acts against

<A sovereign act of pardon and oblivion for past acts, granted by a government to all persons (or to certain persons) —

— SEESE who. been guilty of crime or delict, genevally political offenses,—treason, sedition, rebellion,—and often conditioned upon their return to obedience and duty within a prescribed time. A declaration of the person or persons who have newly acquired or recovered the sovereign power in a state, by which they pardon all persons who composed, supported, or obeyed the government which has been overthrown. ee The word “amnesty” properly belongs to international law, and is applied to treaties of peace following a state of war, and signifies there the burial in oblivion of the puar- Ye ticular cause of strife, so that that shall not be again a cause for war between the parties; and this signification of “amnesty” is fully and poetically expressed in the Indian custom, of burying the hatchet. And so amnesty is applied to rebellions which by their inagnitude are brought within the rules of international law, and in which multitudes of men are the subjects of the clemency of the government. ut in these cases, and in all cases, it means only “oblivion,” and never a expresses orimpliesa grant. 10 Ct. of CL. 407. “Amnesty” and “pardon” are very different. gotten a crime or misdemeanor; the latter la an act of the same authority, which exempts the {ndividual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. Bouvier.

Has no technical meaning in the common law: is merely the synonym of " oblivion," which, in English law, is the synonym of "pardon." The literal meaning is " removal from memory." 2 Properly belongs to international law, applying to rebellions which by their magnitude are brought within that law." " Pardon " i$ remission of guilt; " amnesty " an act of oblivion or forgetfulness.' By act of May 22, 1872, the political disabilities imposed by the third section of the Xl Vth Amendment were removed from all persons except members of the thirty-sixth and thirty -seventh Congresses, officers in the judicial, military, and naval service, heads of departments, and foreign ministers, of the United States.* See Oath, Of office; Pardon.

[Gr. amnestia, from a, not, and mnaomai, mnasthai, to remember.] In political law. An act of pardon, or oblivion. Cowell. — A public declaration or proclamation that all acts against the established authority shall be forgotten and pardoned. Hume's Essays, part ii., essay 11. — A declaration of the person or persons who have newly acquired or recovered the sovereign power in a state, by which they pardon all persons who composed, supported or obeyed the government which has been overthrown. P. Cyclopedia.