Pardon

^ Forgiveness, release, remission.* An act of grace, proceeding from tile power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed.5 An act of grace by which an offender is released from the consequences of his oflfense, so far as such release is practicable and within the control of the pardoning power. 6 In the form of a deed, to the validity of which there must he both a deliveiy and acceptance.* Absolute pardon. Frees the offender without condition. Conditional pardon. Has a condition annexed, on the performance of which the validity depends.' General pardon. Extends to all offenders— of one or more classes; amnesty. Special or particular pardon. Relieves one individual only. "Pardon^' is a remission of guilt; "amnesty," oblivion or forgetfulness.' " The President.. shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." " avails, by the avails — referring to the person who got the profits of the land. ' Regina v. Bonner, 7 Cox, Cr. Cas. 13 (1855). ' Martin v. Cole, 38 Iowa, 141, 147 (1874).

8 F. pardon: L. L. per-donare, to remit a debt, forgive. * Exp. Wells, 18 How. 309-12 (1855), cases, Wayne, J. « United States v. Wilson, 7 Pet. 'leo (1833), Marshall, C. J. " Knote V. United States, 95 U. S. 153 (1877), cas6s.

Field, J. See also 44 Ga. 861; 48 N. J. L. 241; 24 Tex. Ap. 79. ' [4B1. Com. 398; 8 Biss. 823-26; 48 Iowa, 284. " Exp. Law, 35 Ga. 296 (1866). See generally 5 Cr. This in Qludes the power to commute sentences.^ In the constitution, the word " pardon " conveys the idea of the power exercised by the English crown, or by its representatives in the colonies: '*awork of mercy, whereby the king, either before attainder, sentence or conviction, or after, forgiveth any crime, offense, punishment, execution, right, title, debt or duty, temporal or ecclesiastical." ' An absolute pardon releases the offender from all disabilities imposed by the offense, and restores him to all his civil lights. In contemplation of law, the pardon so far blots out the offense that afterward it cannot be imputed to him to prevent the assertion of his legal rights, — gives him a new credit and capacity, and rehabilitates him to that extent in his former position. It does not make- amends for the past, nor afford relief for what has been suffered by imprisonment, forced labor, or otherwise. ^ The king could not by previous license make dispunishable an offense malum in se; nor I'elease a recognizance to keep the peace; nor discharge an informer's moiety; nor remit a forfeiture to the aggrieved; nor relieve from punishment for maintaining a common nuisance. The exercise of such a power would have been against reason and the common good.' A pardon may be granted before conviction. The power in the President, except in cases of impeachment, is unlimited, extends to every offense known to the law, and is not subject to legislative control. * Grantable before indictment; ' and then pleadable in bar,"^ in arrest of judgment,^ or in stay of execu- " tion.s "Void, if the sovereign was deceived. Construed beneficially for the offender. Allowed for all offenses, except when private justice is chiefly concerned; as, in a common nuisance, which is in the nature of a private injury to individuals, the prosecution being vested in the state to avoid multiplicity of suits. But no pardon can be granted after an information is made upon a penal statute in which the informer acquires a property in the penalty; nor in cases of legislative impeachment. When lawful, makes the offender a new man; acquits him of all corporal penalties and forfeitures; ■operates not so much to restore his former, as to give him a new, credit and capacity." ' Although pardon restores to competency as a witjiess one convicted of felony, the conviction may still be used to affect his credit.'" See Accomplice; Eeprieve; Respite.