Amnesty

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.