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Amittere Liberam Legem

amnesty, pardon, ed, law, ct, cl, granted and act

AMITTERE LIBERAM LEGEM. To lose the privilege of giving evidence under oath in any court ; to become infamous, and in capable of giving evidence. Glanville 2.

If either party in a wager of battle cried "craven" he was condemned amittere liberam legem; 3 Bla. Corn. 340.

An act of oblivion of past of fences, granted by the government to those who have been guilty of any neglect or crime, usually upon condition that they re turn 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 con tending 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.) 160, 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 ; am nesty, to those who may have been so ; State v. Blalock, 61 N. C. 242.

Their effects are also different. That of pardon is the•remission of the whole or a part of the punish ment awarded by the law,—the conviction remain ing unaffected when only a partial pardon is grant ed; 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 judg ment 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 tranquility in the state. But sometimes amnesties are limited, and certain classes are excluded from their opera tion..

The term amnesty belongs to international law, and is applied to rebellions which, by their magni tude, 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; Knots v. U. S., 10 Ct. Cl. 397.

The distinction here taken between pardon and amnesty was formerly drawn rather in a philosoph ical 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 dis tinction is not, however, recognized in our law. The constitution does not use the word 'amnesty'; and, except that the term 18 generally employed where pardon is extended to whole classes or com munities instead of individuals, the distinction be tween them is one rather of philological interest than of legal importance." Knote v. U. S., 95 U. S. 149, 24 14. 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. McKeeby, 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 Presi dent Johnson on Dec. 25, 1868, did not en title one .receiving its benefits to the pro ceeds of his property previously condemned and sold under the act of 17th July, 1862, the proceeds having been paid into the treasury ; Knote v. U. S., 95 U. S. 149, 24 L. Ed. 442. As to amnesty in cases arising out of the War of Secession, see Armstrong's Foundry, 6 Wall. (U. S.) 766, 18 L. Ed. 882 ; Ex parte Garland, 4 Wall. (U. S.) 333, 18 L. Ed. 366 ; U. S. v. Klein, 13 Wall. (U. S.) 128, 20 'L. Ed. 519 ; Armstrong v. U. S., 13 Wall. (U. S.) 154, 20 L. Ed. 614 ; Carlisle v. U. S., 16 Wall. (U. S.) 147, 21 L. Ed. 426 ; Witkowski's Case, 7 Ct. CL 398; Haym's Case, 7 Ct. Cl. 443; War ing's Case, 7 Ct. Cl. 501; Meldrim's Case, 7 Ct. Cl. 595 ; Scott's Case, 8 Ct. CL 457.

As to the power of the president to grant a general amnesty, and whether there is any 'legislative power to grant pardon and amnes ty, see EXECUTIVE POWER ; PARDON ; CONSTI TUTION OF THE UNITED STATES; 34 L. R. A. 251, note.

AMONG. Mingled with or in the same Among. Mingled with or in the same group or class.

As used in the commercial clause of the federal constitution C. J. Marshall defines it as "intermingled with" ; Gibbons v. Og den, 9 Wheat. (U. S.) 1, 194, 6 L. Ed. 23 ; and it is sometimes held to be equivalent to between; Hick's Estate, 134 Pa. 507, 19 AU. 705 ; Records v. Fields, 155 Mo. 314, 55 S. W. 1021; Senger v. Senger's Ex'r, 81 Va. 687.