PARDON, in law, an act of grace emanating from that power in the state intrusted with the execution of the laws, and exempting the individual on whont it is bestowed from the punishment to which he has been legally sentenced after conviction of crime, or to which he is by law liable for an offense on which he has not been tried and con victed. This is substantially the definition given by Marshall (7 Pet. 1C3); and it is to be observed that the act is one of clemency not of justice, tbat it presupposes guilt, and that conviction need. not precede the granting of the pardon. But though theoretically the pardon is an net of grace only, practically; in its more judicious use, It is a 'nexus 9f repairing wrong of hardship committed under, and irremediable, by the ordinary legal pro cedure. The pardoning power is an executive one, belongs primarily to the people, and is usually intrusted to the executive head of the state by constitutional prevision. In England the pardon may be granted either by the crown through the home secretary or by act of parliament. The U. S. constitution gives to the president power " to grant reprieves and pardons for offenses against the United States, except in case of impeachment," (art. II., sec. 2). This power is held to extend to the remission of fines and penalties, and can not be interfered with by legislation of congress. The smite rule as to legislation applies in those states where the pardoning power has been conferred absolutely on the governor by state constitution; no limitation is possible except by amendment. In many of the states, however, the constitution provides that the power shall be exercised by the governor and legislature jointly, or by a board of pardons either alone or in conjunction with the executive. The pardon must be accepted or else is of no effect. The bestowal of the
pardon carries with it the removal of such disabilities as incapacity to hold office or to vote, but does not restore the recipient to an office forfeited, or invalidate vested rights acquired by a third party in consequence of his conviction. Where property was con fiscated by the United States in the war of the rebellion, as having been used for instil. rectionary purposes, and the owner fAibgequently received th:?, president's pardon, it was held that the owner was thereby exempted from the forfeiture in so far as the rights accruing to the government were concerned. The exercise of the pardoning power is purely diecretiouary,aut, though principles may be laid down as to its proper use, the execu tive cannot be held responsible for its abuse. The pardon may he absolute. or may he coupled with a condition precedent, as the taking of an oath of allegiance. In the latter case proof of performance of the prescrib •l condition must be presented by the claimant A general pardon includes all offenders of the same class, and may be implied, as where a penal statue is repealed. Where the pardon is general it is•not necessary to set it forth in the pleadings in a subsequent action, hut if it be special, profert must be made, and the grant produced in court and properly verified. For a discussion of the subject see the works on criminal law of Russell, Whartr, Chitty, and Starkie.