Monday, February 06, 2006

I'll accept my pardon

In 1829 two men, Wilson and Porter, were convicted of robbing the United States mail service, and were sentenced to death by hanging. Three weeks before the time set for Wilson's execution, he was pardoned by President Andrew Jackson.

Strangely enough, Wilson refused the pardon. The case went to the United States Supreme Court and the court finally handed down its decision:

A pardon is a deed, to the validity of which, delivery is essential, and delivery is not complete, without acceptance. It may then be rejected by the person to whom it is tendered; and if it be rejected, we have discovered no power in a court to force it on him. It may be supposed, that no being condemned to death would reject a pardon; but the rule must be the same in capital cases and in misdemeanors.

A pardon is not a pardon unless it be received as a pardon.

No comments: