Pardon

Pardon includes amnesty. It blots out the offence pardoned and removes all its penal consequences. It may be granted on conditions.

An act of grace, proceeding from the power intrusted 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. 7 Pet. (U. S.) 160. Every pardon granted to the guilty is in derogation of the law. If the pardon be equitable, the law is bad; for where legislation and the administration of the law are perfect, pardons must be a violation of the law. But, as human actions are necessarily imperfect, the pardoning power must be vested somewhere, in order to prevent injustice when it is ascertained that an error has been committed. (1) An absolute pardon is which (2) A conditional pardon is one to which a condition is annexed,, performance of which is necessary to the validity of the pardon. 1 Bailey (S. C.) 283; 10 Ark. 284; 1 Mc Cord (S. C) 176; 1 Park. Cr. Cas. (N. Y.) 47. (3) A general pardon, more properly called "amnesty" (g. v.), is one which extends to all offenders of the same kind. It may be express, as when a general declaration is made that all offenders of a certain class shall be pardoned, or implied, as in case of the repeal of a penal statute. 2- Overt. (Tenn.) 423. "The distinction between pardon, amnesty, and reprieve seems to be that pardon permanently discharges the individual designated from some or all special penal consequences of his crime, but does not affect _ the legal character of the offense committed; while ' amnesty obliterates the effect, and declares that government will not consider the thing done punishable, and hence operates in favor of all persons involved in it, whether mentioned or not; and reprieve only temporarily suspends execution of punishment, leaving the legal character of the act unchanged, and the individual subject to its consequences in time to come." Abbott.

An act of grace, proceeding from the power intrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicte for a crime he has committed. U. S. v. Wilson, 7 Pet. 160, 8 L. Ed. 640; Ex parte Garland, 4 Wall. 380, 18 It. Ed. 366; Moore v. State, 43 N. J. Law, 241, 39 Am. Rep. 558; Rich v. Chamberlain, 104 Mich. 436, 62 N. W. 584, 27 In In A. 573; Edwards v. Com., 78 Va. 39, 49 Am. Rep. 377. "Pardon" is to be distinguished from "amnesty." The former applies only to the individual, releases him from the punishment fixed by law for his specific offense, but does not affect the criminality of the same or similar acts when performed by other persons or repeated by the same person. The latter term denotes an act of grace, extended by the government to all persons who may come within its terms, and which obliterates the criminality of past acts done, and declares that they shall not be treated as punishable.

— Conditional pardon. A conditional pardon is one granted on the condition that it shall only endure until the voluntary doing of some act by the person pardoned, or that it shall be revoked by a subsequent act on his part, as, that he shall leave the state and never return. Ex parte Janes, 1 Nev. 319; State v. Wolfer, 53 Minn. 135, 54 N. W. 1065, 19 L. R. A. 783, 39 Am. St. Rep. 582; State v. Barnes, 32 S. C. 14, 10 S. E. 611, 6 L. R. A. 743, 17 Am. St. Rep. 832 ; People v. Bums, 77 Hun, 92, 28 N. Y. Supp. 300.

— General pardon. One granted to all the persons participating in a given criminal or treasonable offense (generally political), or to ali offenders of a given class or against a certain statute or within certain limits of time. But "amnesty" is the more appropriate term for this.

Forgiveness; remission; an act of grace by which an offender is released from the consequences of his offense, so far as release is practicable and within the reach of the pardoning power.

^ 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.

Governmental forgiveness of an offence; authorized remission of a punishment of crime; the executive act by which a convict may be released from penalties. The distinction between pardon, amnesty, and reprieve seems to be that pardon permanently discharges the individual designated from all or some specified penal consequences of his crime, but does not affect the legal character of the offence committed; while amnesty (q. v.) obliterates the offence, declares that government will not consider the thing done punishable, and hence operates in favor of all persons involved in it, whether intended and specified or not; and reprieve (q. v.) only temporarily suspends execution of subject to its consequences in time to come. " General pardon " is sometimes used in the sense of amnesty. Pardons may be granted upon conditions; hence they are called conditional or absolute, according as conditions to be observed by the offender are imposed, as that he shall leave the jurisdiction, that he shaU. make certain restitution, &c., or are not. In one of the decisions, the doctrine of conditional pardon is apparently placed upon the ground that pardon is in the nature of a deed requii'ing acceptance by the offender; that unless there is acceptance the pardon is inoperative. But this view requires reconsideration. There is no more necessity or propriety in considering acceptance by the prisoner necessary to the validity of a pardon, than in demanding his acceptance to constitute the sentence of punishment valid. The sentence of the court is the command of one branch of the government that a specified punishment be infiicted; and this should be carried into effect whether the prisoner consents or not. The pardon is the command of another branch of the government, authorized to interfere in the matter, remitting the sentence, dissolving its obligations, and discharging the administrative officer of all duty under it. This command.should be obeyed whether the prisoner assents or not. It does not seem to be admissible that a sheriff could justify inflicting the penalty of death on a pardoned convict, on the ground that the latter declined to accept the pardon; yet such would be the consequence of requiring assent to give the pardon validity. If, indeed, conditions are affixed, these are inoperative without assent; and if that is withheld, the pardon fails; but this is not because consent to the pardon was necessary, but because the conditions on which it was predicated never came into existence. The power of the president, under the constitution, to " grant reprieves and pa^ dons," includes conditional as well as absolute pardons. Exp. Wells, 18 How. 307, A general power 309. conferred upon,, tue governor, by the constitution, to grant reprieves and pardons, involves the power to all, or of a designated part only, of the penal consequencea of the crime. People V. Potter, 1 Edm. 235; 1 Park. Cr. 47. Pardon is the forgiveness of an offence granted by the executive, sometimes before, but usually after, conviction, to one who is certainly guilty. It is not noticed by the court, unless in some way pleaded by the person pardoned. Amnesty is the abolition or oblivion of the offence, granted by the legislative power, before trial, generally to whole classes who, it is supposed, may be guilty. State v. Blalock, PhiU. L. 242. The word pardon includes the idea of release; and a pardon by the governor of one convicted of conspiracy, even after sentence, will operate a release of all fines imposed for the offence, though these fines were due, not to the commonwealth, but to the county. Cope v. Commonwealth, 28 Pa. St. 297. The crown, in exercise of its prerogative of mercy, may pardon after conviction either of treason or of felony. But such pardon may not be given in anticipation of a conviction, and so as to be pleaded in defence to a prosecution. The pardon relates of course only to the particular conviction for which it is given. Bioum. Pardon is the remitting or forgiving of an offence committed against the Ising, and is either ex gratia regis, or by course of law. Pardon ex gratia regis is that which the king affords by virtue of his prerogative. Pardon by course of law is that which the law in equity affords for a light offence; as casual homicide, when one killeth a man, having no such intention. Jacob, PARDONEE; PARDONER. Pardonee would be a proper designation for a recipient of a pardon; an offender to whom clemency had been extended. But there is no use of the term pardoner in the correlative sense, as the pardon is always granted by the crown, president, governor, &c. In the days when the popes issued indulgences, persons who carried the indulgences about and sold them to any who would buy them were styled pardoners.