Presidential Pardons: A History of Executive Clemency
Presidents of the United States hold the exclusive power to grant pardons for federal crimes. This power has been used throughout history to clear the criminal records of Americans from all walks of life, including famous figures like Richard Nixon and Patty Hearst.
Early Pardons and Controversies
One of the earliest controversial pardons was granted by President Andrew Jackson to George Wilson, who had been convicted of mail robbery and sentenced to death. Wilson refused the pardon, leading to a Supreme Court ruling that a pardon cannot be imposed on a citizen without their acceptance.
Another notable pardon involved Daniel Drayton and Edward Sayres, who were convicted of aiding in the escape of enslaved people on the ship “Pearl.” President Millard Fillmore pardoned them after they served four years of their sentences.
Pardons in the Civil War Era
During the Civil War, President James Buchanan pardoned Brigham Young and other Mormon leaders for their role in the “Mormon War” in Utah. President Andrew Johnson later issued a mass pardon to Jefferson Davis and other Confederate officials. However, Davis refused to repent and it wasn’t until 1978 that President Jimmy Carter granted him a posthumous pardon.
Pardons in the 20th Century
President Gerald Ford pardoned Iva Toguri D’Aquino, who had been convicted of treason for her role as “Tokyo Rose” during World War II. This was the only case of a person convicted of treason receiving a full pardon.
President Ronald Reagan pardoned George Steinbrenner, owner of the New York Yankees, for his involvement in illegal campaign finance during Nixon’s reelection campaign. This pardon drew widespread criticism.
Contemporary Pardons
In 2001, President George W. Bush pardoned Isaac Toussie for mail fraud and using false documents. However, this pardon was rescinded a day later when it was discovered that Toussie’s father had made a donation to Republicans.
President Bill Clinton pardoned Patty Hearst on his last day in office. Hearst had been convicted of bank robbery after being kidnapped by the Symbionese Liberation Army.
The My Lai Massacre and Presidential Intervention
One notable case where a pardon was not granted was the My Lai Massacre during the Vietnam War. Lieutenant William Calley was convicted for the murder of civilians, but President Nixon did not pardon him. Instead, he intervened to allow Calley to serve his sentence under house arrest.
Historical Significance
Presidential pardons have played a significant role in shaping American history. They have been used to:
- Clear the records of those who have made mistakes
- Promote unity and reconciliation after periods of conflict
- Address perceived injustices in the criminal justice system
The power of presidential pardons remains a controversial issue, but it is a fundamental aspect of the executive office that has been exercised throughout the nation’s history.