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This file contains material relating to U.S. v. Burdick; Federalist Papers; "Behind the Nixon Pardon," The Nation.
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1126648
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Nixon Pardon - Legal Precedents
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1126648
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Nixon Pardon - Legal Precedents
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This file contains material relating to U.S. v. Burdick; Federalist Papers; "Behind the Nixon Pardon," The Nation.
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Benton L. Becker Papers
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Nixon, Richard M. (Richard Milhous), 1913-1994
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The original documents are located in Box 2, folder "Nixon Pardon - Legal Precedents" of
the Benton L. Becker Papers at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Benton Becker donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
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copyright claim, please contact the Gerald R. Ford Presidential Library.
OCT. TERM.
300.
0
V WRIT of Certiorari to the United
(236
GEORGE U. BURDICK, Plff. in Err.,
S.
73)
"Woodrow Wilson, President of the Unit-
States Circuit Court of Appeals for the
attached." This certificate was one of ten
States of America, to all to whom these
issued to provide for the payment for ballot
V.
Eighth Circuit to review a judgment which
machines, and the Constitution of the state
UNITED STATES.
presents shall come, Greeting:
affirmed a judgment of the Circuit Court for
"Whereas George Burdick, an editor of the
the District of Colorado in favor of plain-
authorized provision for payment in such
PARDON ($ OF Ac-
New York Tribune, has declined to testify
tiff in an action upon a municipal certificate
case "by the issuance of interest-bearing
of indebtedness. Affirmed.
bonds, certificates of indebtedness, or other
CEPTANCE. 1. A pardon from the President, to be
before a Federal grand jury now in session
in the southern district of New York, in
31
See same case below, 118 C. C. A. 256,
obligations, which shall be a charge upon
effective, must be accepted by the person to
a proceeding entitled, 'United States V. John
200 Fed. 28.
such city, city and county, or town; such
whom it is tendered.
bonds, certificates, or other obligations may
[Ed. Note.-For other cases, see Pardon, Cent.
Doe and Richard Roe,' as to the sources of
The facts are stated in the opinion.
be made payable at such time or times, not
Dig. $$ 10, 14, 15: Dec. Dig. $ 8.*)
the information which he had in the New
Messrs. Charles R. Brock, William H.
WITNESSES (§ 303*) PRIVILEGE EFFECT
York Tribune office, or in his possession, or
Ferguson, -I. N. Stevens, Milton Smith,
exceeding ten years from the date of issue,
OF REJECTED PARDON.
under his control at the time he sent Henry
Charles S. Thomas, and William H. Bryant
as may be determined, but shall not be is.
2. The tender of a pardon from the
D. Kingsbury, a reporter on the said New
for petitioner.
sued or sold at less than par." Art. 7, $
President does not destroy the privilege of
witness against self-crimination, but he
York Tribune, to write an article which
Messrs. John Maxey Zane, Charles W.
as amended November 6, 1906. A statute
appeared in the said New York Tribune in
Waterman, and Charles F. Morse for re-
in like words previously had been passed, to
reject the pardon and refuse to tes-
may tify on the ground that his testimony may
its issue of December 31st, 1913, headed,
spondent.
be effective if the amendment to the Con-
stitution should be adopted, as it was.
have an incriminating effect.
'Glove Makers' Geins May Be Customs Size,'
Cent. Dig. §§ 1049, 1050: Dec. Dig.
[Ed. Note-For other cases. SEP
on the ground that it would tend to in-
Laws of 1905, chap. 101, § 6. See Rev.
Mr. Justice Holmes delivered the opin-
criminate him to answer the questions; and,
ion of the court:
Stat. 100S, § 2342. The defense that we
are considering is that the foregoing words
[No. 471.]
"Whereas, the United States attorney for
This is an action brought by the respond-
the southern district of New York desires
did not warrant making the certificates of
indebtedness negotiable, relying especially
Argued December 16, 1914. Decided Jan-
to use the said George Burdick as a witness
ent upon a certificate of indebtedness and
an interest coupon attached to the same,
uary 25, 1915.
before the said grand jury in the said pro-
upon Brenham V. German-American Bank,
against the petitioner. There was a verdict
ceeding for the purpose of determining
and judgment for the plaintiff and the cir-
144 U. S. 173, 36 L. ed. 390, 12 Sup.
I
N ERROR to the District Court of the
whether any employee of the Treasury De-
Ct. Rep. 559. But the argument seems
cuit court of appeals affirmed the judgment.
United States for the Southern District
partment at the *customhouse, New York
to us to need no extended answer. The
of New York to review a judgment for con-
city, has been betraying information that
118 C. C. A. 256, 200 Fed. 28. The plain-
power to issue certificates of indebtedness
tempt for refusing to testify before the
came to such person in an official capacity;
tiff held the instrument by indorsement,
or bonds is given in terms, and*it is con-*
and was found to have purchased it in
grand jury. Reversed, with directions to
and,
templated that these instruments may be
dismiss the proceedings and discharge the
"Whereas, it is believed that the said
good faith before maturity, but the defend-
sold to raise money for the purpose named.
ant denied the authority to issue the cer-
plaintiff in error from custody.
George Burdick will again refuse to testify
But, however narrowly we may construe the
See same case below, 211 Fed. 492.
in the said proceeding on the ground that
tificate in negotiable form, and sought to
power of municipal corporations in this re-
The facts are stated in the opinion.
his testimony might tend to incriminate
raise the question by its third defense,
spect, when they are authorized to raise
Messrs. Henry A. Wise and Henry W.
which set up failure of consideration. There
money by the sale of bonds we must take it
Sackett for plaintiff in error.
himself; "Now, therefore, be it known, that I,
was a demurrer to this defense, which was
that they are authorized to put the bonds in
Solicitor General Davis for defendant in
Woodrow Wilson, President of the United
sustained by the circuit court, and the trial
the form that would be almost a necessary
States of America, in consideration of the
error.
took place upon the other issues. The cir-
condition to obtaining a purchaser,-the
premises, divers other good and sufficient
cuit court of appeals declined to consider
usual form in which municipal bonds are
Mr. Justice McKenna delivered the opin-
reasons me thereunto moving, do hereby
the correctness of this ruling because no
put upon the market. Gunnison County
ion of the court:
grant unto the said George Burdick a full
exception was taken to it. But*no excep-
V. E. H. Rollins & Sons, 173 U. S. 255, 276,
Error to review a judgment for contempt
and unconditional pardon for all offenses
tion or bill of exceptions is necessary to
43 L. ed. 6S9, 608, 19 Sup. Ct. Rep. 390.
against Burdick upon presentment of the
against the United States which he, the said
open a question of law already apparent
What is true about bonds is true about
Federal grand jury for*refusing to answer
George Burdick, has committed or may have
certificates of indebtedness. Indeed, it is
certain questions put to him in an investi-
committed, or taken part in, in connection
on the record, and there is nothing in the
difficult to see any distinction between the
gation then pending before the grand jury
with the securing, writing about, or assist-
record that indicates a waiver of the defend-
into alleged custom frauds in violation of
ing in the publication of the information so
ant's rights. Therefore we must consider
two as they are commonly known to the
§§ 37 and 39 of the Criminal Code of the
incorporated in the aforementioned article,
the merits of the defense. Nalle V. Oyster,
business world. The essence of each is that
230 U. S. 165, 57 L. ed. 1439, 33 Sup. Ct.
United States [35 Stat. at L. 1096, chap.
and in connection with any other article,
Rep. 1043.
they contain a promise under the seal of
321, Comp. Stat. 1913, §§ 10201, 10203].
matter, or thing concerning which he may
The certificate recites the allowance of a
the corporation, to pay a certain sum to
Burdick first appeared before the grand
be interrogated in the said grand jury pro-
claim for ballot machines by the board of
order or to bearer. We are of opinion that
jury and refused to answer questions as to
ceeding, thereby absolving him from the con-
the board of county commissioners was auth-
the directions he gave and the sources of his
sequences of every such criminal act.
county commissioners of the city and
orized to issue certificates in the negotiable
Information concerning certain articles in
"In testimony whereof, I have hereunto
county of Denver, and goes on, "the board
form. Carter County V. Sinton, 120 U. S.
the New York Tribune regarding the frauds
signed my name and caused the seal of the
of county commissioners being authorized
517, 525, 30 L. ed. 701, 703, 7 Sup. Ct. Rep.
under investigation. He is the city editor
Department of Justice to be affixed. Done
thereto by the laws of the state of Colorado,
act of 1905, hereby issues its certificate of
650; Gelpcke V. Dubuque, 1 Wall. 175, 203,
of that paper. He declined to answer, claim-
at the city of Washington this fourteenth
17 L. ed. 520, 524; Cadillac V. Woonsocket
ing upon his oath, that his answers might
day of February, in the year of our Lord
indebtedness for the said sum, and will in
Inst. for Sav. 7 C. C. A. 574, 16 U. S. App.
tend to criminate him. Thereupon he was
One Thousand Nine Hundred and Fourteen,
one (1) year pay to the order of the Fed-
545, 58 Fed. 935, 937; Ashley V. Presque
remanded to appear at a later day, and
and of the Independence of the United
eral Ballot Machine Company the sum of
Isle County, S C. C. A. 455, 16 U. S. App.
upon 03 appearing he was handed a pardon
States the One Hundred and Thirty-eighth."
$11,250, with interest on this sum, from
656, 709, 60 Fed. 55, 67; D'Esterre V. Brook-
which he was told had been obtained for
He declined to accept the pardon or an-
the date hereof, at the rate of 5 per cent
lyn, 90 Fed. 5S6, 590; Dill. Mun. Corp. 5th
him upon the strength of his testimony be-
swer questions as to the sources of his
per annum; the said interest payable semi-
ed. § SS2.
fore the other grand jury. The following
information, or whether he furnished cer-
annually, as per two (2) coupons.
tain reporters information, giving the rea-
GERALD
Digitized from Box 2 of the Benton Becker Papers at the Gerald R. Ford Presidential Library
268
35 SUPREME COURT REPORTER.
OcT. TERM,
BURDICK V. UNITED STATES.
269
1914.
son, as before, that the answers might tend
to criminate him. He was presented by the
which were for obstructing the mail and
eurately the response of the court to it.
quences of even greater disgrace than those
grand jury to the district court for con-
others for robbing the mail and putting the
The response was complete and considered
from which it purports to relieve. Circum-
tempt, and adjudged guilty thereof and to
life of the carrier in jeopardy. They were
the contention in two aspects: (1) a par-
stances may be made to bring innocence
pay a fine of $500, with leave, however, to
convicted on one of the latter indictments,
don as the act of the President, the official
under the penalties of the law. If so
purge himself by testifying fully as to the
sentenced to death, and Porter was executed
act under the Constitution; and (2) the
brought, escape by *confession of guilt im-?
sources of the information sought of him,
in pursuance of the sentence. President
attitude and right of the person to whom
plied in the acceptance of a pardon may be
"and in event of his refusal or failure to 80
Jackson pardoned Wilson, the pardon re-
it is tendered. Of the former it was said
rejected,-preferring to be the victim of the
answer, a+commitment may issue in addition
citing that it was for the crime for which
that the power had been "exercised from
law rather than its acknowledged trans-
until he shall so comply," the court decid-
he had been sentenced to suffer death, re-
time immemorial by the executive of that
gressor,-preferring death even to such cer-
ing that the President has power to pardon
mitting such penalty with the express stipu-
nation [England], whose language is our
tain infamy. This, at least theoretically,
for a crime of which the individual has not
lation that the pardon should not extend to
language, and to whose judicial institutions
is a right, and a right is often best tested
been convicted and which he does not admit,
any judgment which might be had or ob-
ours bear a close resemblance; we adopt
in its extreme. "It may be supposed," the
and that acceptance is not necessary to
tained against him in any other case or
their principles respecting the operation
court said in United States V. Wilson, "that
toll the privilege against incrimination.
cases then pending before the court for other
and effect of a pardon, and look into their
no being condemned to death would reject
Burdick again appeared before the grand
offenses wherewith he might stand charged.
books for the rules prescribing the manner
a pardon; but the rule must be the same
jury, again was questioned as before, again
To another of the indictments Wilson
in which it is to be used by the person who
in capital cases and in misdemeanors. A
refused to accept the pardon, and again
withdrew his plea of not guilty and pleaded
would avail himself of it." From that
pardon may be conditional; and the condi-
refused to answer upon the same grounds as
guilty. Upon being arraigned for sentence
source of authority and principle the court
tion may be more objectionable than the
before. A final order of commitment was
the court suggested the propriety of inquir-
deduced and declared this conclusion: "A
punishment inflicted by the judgment."
then made and entered, and he was com-
ing as to the effect of the pardon, "although
pardon is an act of grace, proceeding from
The case would seem to need no further
mitted to the custody of the United States
alleged to relate to a conviction on another
the power intrusted with the execution of
comment, and we have quoted from it not
indictment." Wilson was asked if he wished
*90
the laws, which exempts the individual on
only for its authority, but for its argument.
marshal until he should purge himself of
to avail himself of the pardon, to which he
whom it is bestowed from the punishment
It demonstrates by both the necessity of
contempt, or until the further order of the
court. This writ of error was then allowed.
answered in person that "he had nothing to
the law inflicts for a crime he has com-
the acceptance of a pardon to its legal ef-
The question in the case is the effect of
say, and that he did not wish in any manner
mitted. It is the private [italics ours]
ficacy, and the court did not hesitate in
the unaccepted pardon. The Solicitor Gen-
to avail himself, in order to avoid sentence
though official act of the executive magis-
decision, as we have seen, whatever the al-
eral, in his discussion of the question, fol-
in this particular case, of the pardon re-
trate, delivered to the individual for whose
ternative of acceptance,-whether it be
ferred to."
lowing the division of the district court, con-
benefit it is intended." In emphasis of the
death or lesser penalty. The contrast shows
tends (1) that the President has power to
The judges were opposed in opinion and
official act and its functional deficiency if
the right of the individual against the exer-
pardon an offense before admission or con-
certified to this court for decision two
not accepted by him to whom it is tendered,
cise of executive power not solicited by him
viction of it, and (2) the acceptance of the
propositions which were argued by the dis-
it was said: "A private deed, not com-
nor accepted by him.
pardon is not necessary to its complete
trict attorney of the United States, with
municated to him, whatever may be its
The principles declared in United States
exculpating effect. The conclusion is hence
one only of which we are concerned. It was
character, whether a pardon or release, is
V. Wilson have endured for years; no case
deduced that the pardon removed from Bur-
as follows: "2. That the prisoner can, un-
totally unknown and cannot be acted on."
has reversed or modified them. In Ex parte
dick all danger of accusation or conviction
der this conviction, derive no advantage
Turning, then, to the other side, that is,
Wells, 18 How. 307, 310, 15 L. ed. 421, 423,
of crime, and that, therefore, the answers
from the pardon, without bringing the same
the effect of a pardon on him to whom it
this court said: "It was with the fullest
to the questions put to him could not tend
judicially before the court by plea, motion,
is offered, and completing its description
knowledge of the law upon the subject of
to or accomplish his incrimination.
or otherwise." There was no appearance
and expressing the condition of its consum-
pardons and the philosophy of government
Plaintiff in error counters the contention
for Wilson. Attorney General Taney (af-
mation, this was said: "A pardon is a deed,
in its bearing upon the Constitution when
this court instructed Chief Justice Mar-
and conclusion with directly opposing ones,
terwards chief justice of this court) argued
to the validity of which delivery is essential,
and makes other contentions which attack
the case on behalf of the United States.
and delivery is not complete without accept-
shall" to declare the doctrine of that case.
the sufficiency of the pardon as immunity
The burden of his argument was that a
ance. It may then be rejected by the person
And in Com. V. Lockwood it was said by
and the power of the President to grant a
pardon, to be effective, must be accepted.
to whom it is tendered; and if it be re-
Mr. Justice Gray, speaking for the supreme
pardon for an offense not precedently estab-
The proposition was necessary to be estab-
jected, we have discovered no power in a
judicial court of Massachusetts, he then
lished nor confessed nor defined.
lished, as his contention was that a plea
court to force it on him."
being a member of that court, it is within
The discussion of counsel is as broad as
of the pardon was necessary to arrest the
That a pardon by its mere issue has au-
the election of a defendant "whether he
their contentions. Our consideration may
sentence upon Wilson. And he said, speak-
tomatic effect resistless by him to whom it
will avail himself of a pardon from the ex-
be more limited. In our view of the case it
ing of the pardon, "It is a grant to him
is tendered, forcing upon him by mere ex-
ecutive (be the pardon absolute or condi-
is not material to decide whether the par-
[Wilson]; it is his property; and he may
ecutive power whatever consequences it may
tional) 109 Mass. 323, 339, 12 Am. Rep.
doning power may be exercised before con-
accept it or not, as he pleases; and, fur-
have or however he may regard it, which
699. The whole discussion of the learned
viction. We may, however, refer to some
ther: "It is insisted that unless he pleads
seems to be the contention of the govern-
justice will repay a reference. He cites and
aspects of the contentions of plaintiff in
it, or in some way claims its benefit, there-
ment in the case at bar, was rejected by the
*reviews the cases with the same accurate*
error, although the case may be brought to
by denoting his acceptance of the proffered
court with particularity and emphasis. The
and masterful consideration that distin-
the narrow question, Is the acceptance of a
grace, the court cannot notice it, nor allow
decision is unmistakable. A pardon was
guished all of his judicial work, and the
pardon necessary? We are relieved from
it to prevent them from passing sentence.
denominated as the "private" act, the "pri-
proposition declared was one of the con-
The whole current of authority establishes
vate deed," of the executive magistrate, and
clusions deduced.
much discussion of it by United States V.
Wilson, 7 Pet. 150, 8 L. ed. 640. Indeed,
this principle." The authorities were cited
the denomination was advisedly selected to
United States V. Wilson, however, is at-
all of the principles upon which its solution
and it was declared that "the necessity of
mark the incompleteness of the act or deed
tempted to be removed as authority by the
pleading it, or claiming it in some other
contention that it dealt with conditional
depends were there considered and the facts
without its acceptance.
of the case gave them a peculiar and in-
manner, grows out of the nature of the
Indeed, the grace of a pardon, though
pardons, and that, besides, a witness can-
teresting application.
grant. He must accept it."
good its intention. may be only in pretense
not apprehend from his testimony a con-
There
There can be no "abt, therefore. of the
in
as
having
purpose
viction of guilt. which conviction he him-
270
is SUPREME COURT REPORTER.
ly to to him, when he himself has the power
Ocr. TERM,
1914.
UNITED STATES V. HOLTE.
271
prevent it by accepting the immunity
tribunals. We do not dwell further
individual or the judgment of the judicial
offered him. In support of the contentions
95 U. S. 149, 153, 24 L. ed. 442, 443, said
Mr. Justice McKenna delivered the opin-
there is an intimation of analogy between
the ground we have stated.
the attack. We prefer to place the case on on
that "the distinction between them is one
ion of the court:
rather of philological interest than of legal
pardon and amnesty, cases are cited, and
This writ of error was argued and sub-
certain statutes of the United States
importance." This is so as to their ultimate
mitted at the same time as Burdick V. Unit-
(2) May plaintiff in error, having the
adduced whereby immunity was imposed are in
effect, but there are incidental differences
ed States, just decided [236 U. S. 79, 59 L.
means of immunity at hand, that is, the
certain instances, and under its unsolicited
pardon the of the President, refuse to testify
of importance. They*are of different char-
ed. -, 35 Sup. Ct. Rep. 267]. Its purpose is
acter and have different purposes. The one
protection testimony has been exacted
ground that his testimony may have on
to review a judgment for contempt against
against the claim of privilege asserted
witnesses. There is plausibility in the con- by
incriminating effect? A superficial consid- an
overlooks offense; the other remits punish-
Curtin upon presentment of the Federal
but eration might dictate a negative answer,
ment. The first is usually addressed to
grand jury for refusing to answer certain
tentions; it disappears upon reflection. Let
the answer would confound rights which
crimes against the sovereignty of the state,
questions in the same occeding considered
us consider the contentions in their order:
are distinct and independent.
to political offenses, forgiveness being
in the Burdick Case in regard to a certain
(1) To hold that the principle of United
It is to be borne in mind that the power
deemed more expedient for the public wel-
article published in the New York Tribune.
States V. Wilson was expressed only as to
of the President under the Constitution to
fare than prosecution and punishment. The
Curtin is a reporter on that paper. He
conditional pardons would be to assert that
grant pardons and the right of a witness
second condones infractions of the peace of
declined to answer the questions, on the
the language and illustrations which were
must be kept in accommodation. Both have
the state. Amnesty is usually general, ad-
ground that the answers would tend to in-
sanction in the Constitution, and it should,
dressed to classes or even communities
used to emphasize the principle announced
criminate him. At a subsequent hearing a
were meant only to destroy it. Besides, the
therefore, be the anxiety of the law to =
legislative act, or under legislation, consti-
pardon issued by the President was offered
pardon passed on was not conditional. It
tutional or statutory,-the act of the su-
him (it was the same in substance as that
place. In this as in other conflicts between
preserve leave to each*its proper
was limited in that-and only in that-it
preme magistrate. There may or may not
offered Burdick), and he was again ques-
was confined to the crime for which the de-
personal rights and the powers of govern-
be distinct acts of acceptance. If other
tioned. He declined to receive the pardon
fendant had been convicted and for which
ment, technical-even nice-distinctions are
rights are dependent upon it and are assert-
or to answer the questions, on the same
he had been sentenced to suffer death. This
ed, there is affirmative evidence of accept-
the proper to be regarded. Granting, then, that
ground as before. He was, on presentment
was its emphasis and distinction. Other
pardon was legally issued and was suf-
ance. Examples are afforded in United
of the grand jury, adjudged guilty *con-
charges were pending against him, and it
ficient for immunity, it was Burdick's right
States V. Klein. 13 Wall. 128, 20 L. ed. 519;
tempt, fined as Burdick was, with the same
was expressed that the*pardon should not
to refuse it, as we have seen; and it, there-
"Armstrong's Foundry, 6 Wall. 766, 18 L.
leave to purge himself of the contempt, the
extend to them. But such would have been
fore, not becoming effective, his right under
ed. 882; Carlisle V. United States, 16 Wall.
court deciding that the pardon was valid
its effect without expression. And we may
the Constitution to decline to testify
147, 21 L. ed. 426. See also Knote V.
and sufficient for immunity. Upon Curtin
say that it had more precision than the
mained to be asserted; and the reasons for re-
United States, supra. If there be no other
again refusing to answer, the judgment was
pardon in the pending case. Wilson had
his action were personal. It is true we
rights, its only purpose is to stay the move-
made absolute and he was committed to
have said (Brown V. Walker, 161 U. S. 601,
ment of the law. Its function is exercised
been indicted for a specific statutory crime,
the custody of the United States marshal.
It was to the crime 80 defined and estab-
605, 40 L. ed. 822, S24, 5 Inters. Com. Rep.
when it overlooks the offense and the of-
convicted, and sentenced to suffer death.
It will be observed, therefore, the case is
309, 16 Sup. Ct. Rep. 644) that the law
fender, leaving both in oblivion.
almost identical in its facts with the Bur-
lished that the pardon was directed. In
regards only mere penal consequences, and
Judgment reversed, with directions to dis-
dick Case and exactly the same in principle.
the case at bar nothing is defined. There
not "the personal disgrace or opprobrium
miss the proceedings in contempt, and dis-
On the authority of that case, therefore, the
is no identity of the offenses pardoned, and
attaching to the exposure" of crime, but
charge Burdick from custody.
judgment is reversed and the case remanded,
no other clue to ascertain them but the in-
certainly such consequence may influence
with instruction to dismiss the proceedings
formation incorporated in an article in
the assertion or relinquishment of a right.
Mr. Justice McReynolds took no part
in contempt and discharge Curtin from
This consideration is not out of place in the
in the consideration and decision of this
newspaper. And not that entirely, for ab- a
custody.
solution is declared for whatever crimes
case at bar. If it be objected that the sen-
may have been committed or taken part in
sitiveness of Burdick was extreme because
Mr. Justice McReynolds took no part
"in connection with any other article, mat-
his refusal to answer was itself an impli-
(236 U. S. 96)
in the consideration and decision of this
ter, or thing concerning which he [Burdick]
cation of crime, we answer, not necessarily
WILLIAM L. CURTIN, Piff. in Err.,
case.
V.
may be interrogated."
in fact, not at all in theory of law. It
UNITED STATES.
It is hence contended by Burdick that the
supposed only a possibility of a charge of
(236 U. S. 140)
pardon is illegal for the absence of specifica-
crime, and interposed protection against the
This case is governed by the decision in
UNITED STATES, Plff. in Err.,
V.
tion,not reciting the offenses upon which
charge, and, reaching beyond it, against
Burdick V. United States, ante, 267.
it is intended to operate; worthless, there-
furnishing what might be urged or used as
CLARA HOLTE.
fore, as immunity. To support the conten-
evidence to support it.
[No 472.]
CONSPIRACY (§ 28*) - AGAINST UNITED
tion cases are cited. It is asserted, besides,
This brings us to the differences between
STATES WHITE SLAVE TRAFFIC GUILT
that the pardon is void as being outside of
legislative immunity and a pardon. They
Argued December 16, 1914. Decided Jan-
OF WOMAN.
the power of the President under the Con-
are substantial. The latter carries an im-
uary 25, 1015.
A woman may conspire "to commit an
offense against the United States" within
stitution of the United States, because it
it. putation of guilt: acceptance a confession of
N ERROR to the District Court of the
the meaning of the provision of the Crimin-
was issued before accusation, or conviction
The former has no such imputation or
United States for the Southern District
al Code of March 4, 1909 (35 Stat. at L.
or admission of an offense. This, it is in-
confession. It is tantamount to the silence
1090, chap. 321, Comp. Stat. 1913, § 10,
sisted, is precluded by the constitutional
of the witness. It is noncommittal. It is
of New York to review a judgment for con-
201), § 37. although the object of the con-
provision which gives power only "to grant
the unobtrusive act of the law given protec-
tempt for refusing to testify before the
spiracy is her own transportation in inter-
reprieves and pardons for offenses against
tion against a sinister use of his testimony,
grand jury. Reversed, with directions to
state commerce for purposes of prostitution,
the United States," and it is argued, in
not like a pardon. requiring him to confess
dismiss the proceedings and discharge the
contrary to the white slave act of June 25,
effect, that not in the imagination or pur-
plaintiff in error from custody.
1010 (36 Stat. at L. 825, chap. 395, Comp.
it. his guilt in order to avoid a conviction of
See same case below, 211 Fed. 402.
Stat. 1913, § 8812).
pose of executive magistracy can an "offense
against the United States" be
It is of little service to assert or dens
The facts are stated in the opinion.
[Ed. Note-For other cases, she Conspiracy,
Cent. Dig. $$ 40. 41; Dec. Dig. I 28.°]
Mesers. Henry A. Wise and Henry W.
IN- 628.1
THE FEDERALIST
NUMBER 74
ing the propriety of his conduct in the public opinion. A direct
and categorical negative has something in the appearance of it
that of expounding the laws. It is peculiarly dangerous to place
more harsh, and more apt to irritate, than the mere suggestion
them in a situation to be either corrupted or influenced by the
Executive.
PUBLIUS
of argumentative objections to be approved or disapproved by
those to whom they are addressed. In proportion as it would be
less apt to offend, it would be more apt to be exercised; and for
this very reason, it may in practice be found more effectual. It is
to be hoped that it will not often happen that improper views
HAMILTON
will govern so large a proportion as two thirds of both branches of
THE MILITARY AND PARDONING POWERS OF THE PRESIDENT
the legislature at the same time; and this, too, in spite of the
counterposing weight of the Executive. It is at any rate far less
To the People of the State of New York:
probable that this should be the case, than that such views should
THE President of the United States is to be "commander-in-chief
taint the resolutions and conduct of a bare majority. A power
of the army and navy of the United States, and of the militia of
of this nature in the Executive, will often have a silent and unper-
the several States when called into the actual service of the United
ceived, though forcible, operation. When men, engaged in un-
States." The propriety of this provision is so evident in itself, and
justifiable pursuits, are aware that obstructions may come from
it is, at the same time, so consonant to the precedents of the State
a quarter which they cannot control, they will often be restrained
constitutions in general, that little need be said to explain or
by the bare apprehension of opposition, from doing what they
enforce it. Even those of them which have, in other respects,
would with eagerness rush into, if no such external impediments
coupled the chief magistrate with a council, have for the most
were to be feared.
part concentrated the military authority in him alone. Of all
This qualified negative, as has been elsewhere remarked is in
the cares or concerns of government, the direction of war most
this State vested in a council, consisting of the governor, with the
peculiarly demands those qualities which distinguish the exer-
chancellor and judges of the Supreme Court, or any two of them.
cise of power by a single hand. The direction of war implies the
It has been freely employed upon a variety of occasions, and fre-
direction of the common strength; and the power of directing
quently with success. And its utility has become so apparent, that
and employing the common strength, forms a usual and essential
persons who, in compiling the Constitution, were violent opposers
part in the definition of the executive authority.
of it, have from experience become its declared admirers.
"The President may require the opinion, in writing, of the
I have in another place remarked, that the convention, in the
principal officer in each of the executive departments, upon any
formation of this part of their plan, had departed from the model
subject relating to the duties of their respective officers." This
of the constitution of this State, in favor of that of Massachu-
I consider as a mere redundancy in the plan, as the right for
setts. Two strong reasons may be imagined for this preference.
which it provides would result of itself from the office.
One is that the judges, who are to be the interpreters of the law,
He is also to be authorized to grant "reprieves and pardons
might receive an improper bias, from having given, a previous
for offences against the United States, except in cases of impeach-
opinion in their revisionary capacities; the other is that by
ment." Humanity and good policy conspire to dictate, that the
being often associated with the Executive, they might be induced
benign prerogative of pardoning should be as little as possible
to embark too far in the political views of that magistrate, and
fettered or embarrassed. The criminal code of every country par-
thus a dangerous combination might by degrees be cemented
takes so much of necessary severity, that without an easy access
between the executive and judiciary departments. It is impossible
to exceptions in favor of unfortunate guilt, justice would wear
to keep the judges too distinct from every other avocation than
a countenance too sanguinary and cruel. As the sense of responsi-
Mr. Abraham Yates, a warm opponent of the plan of the convention, is of this
bility is always strongest, in proportion as it is undivided, it may
number.- PUBLIUS
be inferred that a single man would be most ready to attend to
472
473
galleg 08
THE FEDERALIST
NUMBER 75
the force of those motives which might plead for a mitigation of
party, they might often be found obstinate and inexorable, wher
the rigor of the law, and least apt to yield to considerations which
policy demanded a conduct of forbearance and clemency. Bu
were calculated to shelter a fit object of its vengeance. The reflec-
the principal argument for reposing the power of pardoning ir
tion that the fate of a fellow-creature depended on his sole fiat,
this case to the Chief Magistrate is this: in seasons of insurrec
would naturally inspire scrupulousness and caution; the dread
tion or rebellion, there are often critical moments, when a well
of being accused of weakness or connivance, would beget equal
timed offer of pardon to the insurgents or rebels may restore the
circumspection, though of a different kind. On the other hand,
tranquillity of the commonwealth; and which, if suffered to pas
as men generally derive confidence from their numbers, they
unimproved, it may never be possible afterwards to recall. The
might often encourage each other in an act of obduracy, and might
dilatory process of convening the legislature, or one of its branches
be less sensible to the apprehension of suspicion or censure for
for the purpose of obtaining its sanction to the measure, would
an injudicious or affected clemency. On these accounts, one man
frequently be the occasion of letting slip the golden opportunity
appears to be a more eligible dispenser of the mercy of govern-
The loss of a week, a day, an hour, may sometimes be fatal. I
ment, than a body of men.
it should be observed, that a discretionary power, with a view to
The expediency of vesting the power of pardoning in the
such contingencies, might be occasionally conferred upon the
President has, if I mistake not, been only contested in relation to
President, it may be answered in the first place, that it is question
the crime of treason. This, it has been urged, ought to have de-
able, whether, in a limited Constitution, that power could be
pended upon the assent of one, or both, of the branches of the
delegated by law; and in the second place, that it would generally
legislative body. I shall not deny that there are strong reasons
be impolitic beforehand to take any step which might hold ou
to be assigned for requiring in this particular the concurrence of
the prospect of impunity. A proceeding of this kind, out of the
that body, or of a part of it. As treason is a crime levelled at the
usual course, would be likely to be construed into an argument O
immediate being of the society, when the laws have once ascer-
timidity or of weakness, and would have a tendency to embolder
tained the guilt of the offender, there seems a fitness in referring
guilt.
PUBLIUS
the expediency of an act of mercy towards him to the judgment
of the legislature. And this ought the rather to be the case, as
the supposition of the connivance of the Chief Magistrate-ought
75
not to be entirely excluded. But there are also strong objections
HAMILTON
to such a plan. It is not to be doubted, that a single man of pru-
THE PRESIDENT AND THE TREATY POWER
dence and good sense is better fitted, in delicate conjunctures,
to balance the motives which may plead for and against the remis-
sion of the punishment, than any numerous body whatever. It
To the People of the State of New York:
deserves particular attention, that treason will often be con-
THE President is to have power, "by and with the advice ano
nected with seditions which embrace a large proportion of the
consent of the Senate, to make treaties, provided two-thirds o
community; as lately happened in Massachusetts. In every such
the senators present concur."
case, we might expect to see the representation of the people
Though this provision has been assailed, on different grounds
tainted with the same spirit which had given birth to the offence.
with no small degree of vehemence, I scruple not to declare m`
And when parties were pretty equally matched, the secret sympa-
firm persuasion, that it is one of the best digested and mos
thy of the friends and favorers of the condemned person, avail-
unexceptionable parts of the plan. One ground of objection i
ing itself of the good-nature and weakness of others, might fre-
the trite topic of the intermixture of powers; some contendin;
quently bestow impunity where the terror of an example was
that the President ought alone to possess the power of making
necessary. On the other hand, when the sedition had proceeded
treaties; others, that it ought to have been exclusively deposite
from causes which had inflamed the resentments of the major
in the Senate. Another source of objection is derived from th
THE FEDERALIST
NUMBER 69
have a Licutenant-Governor, chosen by the people at large, who
impeached, tried, and, upon conviction of treason, bribery, or
presides in the Senate, and is the constitutional substitute for the
other high crimes or misdemeanors, removed from office; and
Governor, in casualties similar to those which would authorize
would afterwards be liable to prosecution and punishment in the
the Vice-President to exercise the authorities and discharge the
ordinary course of law. The person of the king of Great Britain
duties of the President.
PUBLIUS
is sacred and inviolable; there is no constitutional tribunal to
which he is amenable; no punishment to which he can be sub-
jected without involving the crisis of a national revolution. In
69
3.3
this delicate and important circumstance of personal responsi-
HAMILTON
bility, the President of Confederated America would stand upon
COMPARISON OF THE PRESIDENT WITH OTHER EXECUTIVES
no better ground than a governor of New York, and upon worse
ground than the governors of Maryland and Delaware.
To the People of the State of New York:
The President of the United States is to have power to return
a bill, which shall have passed the two branches of the legislature,
I PROCEED now to trace the real characters of the proposed Execu-
for reconsideration; and the bill so returned is to become a law,
tive, as they are marked out in the plan of the convention. This
if, upon that reconsideration, it be approved by two thirds of both
will serve to place in a strong light the unfairness of the repre-
houses. The king of Great Britain, on his part, has an absolute
sentations which have been made in regard to it.
negative upon the acts of the two houses of Parliament. The dis-
The first thing which strikes our attention is, that the executive
use of that power for a considerable time past does not affect the
authority, with few exceptions, is to be vested in a single magis-
reality of its existence; and is to be ascribed wholly to the crown's
trate. This will scarcely, however, be considered as a point upon
having found the means of substituting influence to authority,
which any comparison can be grounded; for if, in this particular,
or the art of gaining a majority in one or the other of the two
there be a resemblance to the king of Great Britain, there is not
houses, to the necessity of exerting a prerogative which could
less a resemblance to the Grand Seignior, to the khan of Tartary,
seldom be exerted without hazarding some degree of national
to the Man of the Seven Mountains, or to the governor of New
agitation. The qualified negative of the President differs widely
York.
from this absolute negative of the British sovereign; and tallies
That magistrate is to be elected for four years; and is to be
exactly with the revisionary authority of the council of revision
reëligible as often as the people of the United States shall think
of this State, of which the governor is a constituent part. In this
him worthy of their confidence. In these circumstances there is a
respect the power of the President would exceed that of the
total dissimilitude between him and a king of Great Britain, who
governor of New York, because the former would possess, singly,
in an hereditary monarch, possessing the crown as a patrimony
what the latter shares with the chancellor and judges; but it would
descendible to his heirs forever; but there is a close analogy
be precisely the same with that of the governor of Massachusetts,
between him and a governor of New York, who is elected for
whose constitution, as to this article, seems to have been the
three years, and is reëligible without limitation or intermission.
original from which the convention have copied.
If we consider how much less time would be requisité for estab-
The President is to be the "commander-in-chief of the army
lishing a dangerous influence in a single State, than for, establish-
and navy of the United States, and of the militia of the several
ing a like influence throughout the United States, we must con-
States, when called into the actual service of the United States.
clude that a duration of four years for the Chief Magistrate of the
He is to have power to grant reprieves and pardons for offences
Union is a degree of permanency far less to be dreaded in that
against the United States, except in cases of impeachment; to
office, than a duration of three years for a corresponding office in
recommend to the consideration of Congress such measures as
a single State.
he shall judge necessary and expedient; to convene, on extraordi-
The President of the United States would be liable to be
nary occasions, both houses of the legislature, or either of them,
444
445
THE FEDERALIST
NUMBER 69
and, in case of disagreement between them with respect to the
of the President, in respect to pardons, would extend to all cases,
time of adjournment, to adjourn them to such time as he shall
except those of impeachment. The governor of New York may
think proper; to take care that the laws be faithfully executed;
pardon in all cases, even in those of impeachment, except for
and to commission all officers of the United States." In most of
treason and murder. Is not the power of the governor, in this
these particulars, the power of the President will resemble equally
article, on a calculation of political consequences, greater than
that of the king of Great Britain and of the governor of New York.
that of the President? All conspiracies and plots against the gov-
The most material points of difference are these: - First. The
ernment, which have not been matured into actual treason, may
President will have only the occasional command of such part of
be screened from punishment of every kind, by the interposition
the militia of the nation as by legislative provision may be called
of the prerogative of pardoning. If a governor of New York, there-
into the actual service of the Union. The king of Great Britain
fore, should be at the head of any such conspiracy, until the design
and the governor of New York have at all times the entire com-
had been ripened into actual hostility he could insure his accom-
mand of all the militia within their several jurisdictions. In this
plices and adherents an entire impunity. A President of the
article, therefore, the power of the President would be inferior to
Union, on the other hand, though he may even pardon treason,
that of either the monarch or the governor. Second. The Presi-
when prosecuted in the ordinary course of law, could shelter no
dent is to be commander-in-chief of the army and navy of the
offender, in any degree, from the effects of impeachment and con-
United States. In this respect his authority would be nominally
viction. Would not the prospect of a total indemnity for all the
the same with that of the king of Great Britain, but in substance
preliminary steps be a greater temptation to undertake and per-
much inferior to it. It would amount to nothing more than the
severe in an enterprise against the public liberty, than the mere
supreme command and direction of the military and naval forces,
prospect of an exemption from death and confiscation, if the final
as first General and admiral of the Confederacy; while that of the
execution of the design, upon an actual appeal to arms, should
British king extends to the declaring of war and to the raising
miscarry? Would this last expectation have any influence at all,
and regulating of fleets and armies, - all which, by the Constitu-
when the probability was computed, that the person who was to
tion under consideration, would appertain to the legislature.*
afford that exemption might himself be involved in the conse-
The governor of New York, on the other hand, is by the constitu-
quences of the measure, and might be incapacitated by his agency
tion of the State vested only with the command of its militia and
in it from affording the desired impunity? The better to judge
navy. But the constitutions of several of the States expressly declare
of this matter, it will be necessary to recollect, that, by the pro-
their governors to be commanders-in-chief, as well of the army as
posed Constitution, the offence of treason is limited "to levying
navy; and it may well be a question, whether those of New Hamp-
war upon the United States, and adhering to their enemies, giving
shire and Massachusetts, in particular, do not, in this instance,
them aid and comfort"; and that by the laws of New York it is
confer larger powers upon their respective governors, than could
confined within similar bounds. Fourth. The President can only
be claimed by a President of the United States. Third. The power
adjourn the national legislature in the single case of disagreement
about the time of adjournment. The British monarch may pro-
A writer in a Pennsylvania paper, under the signature of TAMONY, has asserted
rogue or even dissolve the Parliament. The governor of New York
that the king of Great Britain owes his prerogative as commander-in-chief to an
annual mutiny bill. The truth is, on the contrary, that his prerogative, in this
may also prorogue the legislature of this State for a limited time;
respect, is immemorial, and was only disputed, "contrary to all reason and prece-
a power which, in certain situations, may be employed to very
dent," as Blackstone, vol. i., page 262, expresses it, by the Long Parliament of
important purposes.
Charles I.; but by the statute the 13th of Charles II., chap. 6, it was declared to
be in the king alone, for that the sole supreme government and command of the
The President is to have power, with the advice and consent
militia within his Majesty's realms and dominions, and of all forces by sea and
of the Senate, to make treaties, provided two thirds of the senators
land, and of all forts and places of strength, EVER WAS AND IS the undoubted right
present concur. The king of Great Britain is the sole and absolute
of his Majesty and his royal predecessors, kings and queens of England, and that
both or either house of Parliament cannot nor ought to pretend to the same.
representative of the nation in all foreign transactions. He can
PUBLIUS
of his own accord make treaties of peace, commerce, alliance, and
446
447
THE FEDERALIST
NUMBER 69
of every other description. It has been insinuated, that his au-
thority in this respect is not conclusive, and that his conventions
of the Senate, to appoint ambassadors and other public ministers,
with foreign powers are subject to the revision, and stand in need
judges of the Supreme Court, and in general all officers of the
of the ratification, of Parliament. But I believe this doctrine was
United States established by law, and whose appointments are
never heard of, until it was broached upon the present occasion.
not otherwise provided for by the Constitution. The king of
Every jurist * of that kingdom, and every other man acquainted
Great Britain is emphatically and truly styled the fountain of
with its Constitution, knows, as an established fact, that the pre-
honor. He not only appoints to all offices, but can create offices.
rogative of making treaties exists in the crown in its utmost plen-
He can confer titles of nobility at pleasure; and has the disposal
titude; and that the compacts entered into by the royal authority
of an immense number of church preferments. There is evidently
have the most complete legal validity and perfection, independent
a great inferiority in the power of the President, in this particular,
of any other sanction. The Parliament, it is true, is sometimes
to that of the British king; nor is it equal to that of the governor
seen employing itself in altering the existing laws to conform them
of New York, if we are to interpret the meaning of the constitution
to the stipulations in a new treaty; and this may have possibly
of the State by the practice which has obtained under it. The
given birth to the imagination, that its coöperation was necessary
power of appointment is with us lodged in a council, composed of
to the obligatory efficacy of the treaty. But this parliamentary
the governor and four members of the Senate, chosen by the As-
interposition proceeds from a different cause: from the necessity
sembly. The governor claims, and has frequently exercised, the
of adjusting a most artificial and intricate system of revenue and
right of nomination, and is entitled to a casting vote in the ap-
commercial laws, to the changes made in them by the operation
pointment. If he really has the right of nominating, his authority
of the treaty; and of adapting new provisions and precautions to
is in this respect equal to that of the President, and exceeds it in
the new state of things, to keep the machine from running into
the article of the casting vote. In the national government, if the
disorder. In this respect, therefore, there is no comparison between
Senate should be divided, no appointment could be made; in the
the intended power of the President and the actual power of the
government of New York, if the council should be divided, the
British sovereign. The one can perform alone what the other can
governor can turn the scale, and confirm his own nomination.*
do only with the concurrence of a branch of the legislature. It
If we compare the publicity which must necessarily attend the
must be admitted, that, in this instance, the power of the federal
mode of appointment by the President and an entire branch of
Executive would exceed that of any State Executive. But this arises
the national legislature, with the privacy in the mode of appoint-
naturally from the sovereign power which relates to treaties. If
ment by the governor of New York, closeted in a secret apartment
the Confederacy were to be dissolved, it would become a question
with at most four, and frequently with only two persons; and if
whether the Executives of the several States were not solely in-
we at the same time consider how much more easy it must be to
vested with that delicate and important prerogative.
influence the small number of which a council of appointment
consists, than the considerable number of which the national
The President is also to be authorized to receive ambassadors
and other public ministers. This, though it has been a rich theme
Senate would consist, we cannot hesitate to pronounce that the
of declamation, is more a matter of dignity than of authority. It
power of the chief magistrate of this State, in the disposition of
is a circumstance which will be without consequence in the ad-
offices, must, in practice, be greatly superior to that of the Chief
Magistrate of the Union.
ministration of the government; and it was far more convenient
that it should be arranged in this manner, than that there should
Hence it appears that, except as to the concurrent authority
be a necessity of convening the legislature, or one of its branches,
of the President in the article of treaties, it would be difficult to
upon every arrival of a foreign minister, though it were merely
Candor, however, demands an acknowledgment that I do not think the claim
to take the place of a departed predecessor.
of the governor to a right of nomination well founded. Yet it is always justi-
fiable to reason from the practice of a government, till its propriety has been
The President is to nominate, and, with the advice and consent
constitutionally questioned. And independent of this claim, when we take into view
Vide Blackstone's "Commentaries," vol. i., p. 257. PUBLIUS
the other considerations, and pursue them through all their consequences, we
shall be inclined to draw much the same conclusion. - PUBLIUS
448
440
THE FEDERALIST
NUMBER 70
determine whether that magistrate would in the aggregate, possess
70
more or less power than the Governor of New York. And it appears
HAMILTON
yet more unequivocally, that there is no pretence for the parallel
which has been attempted between him and the king of Great
ADVANTAGES OF A SINGLE EXECUTIVE
Britain. But to render the contrast in this respect still more strik-
ing, it may be of use to throw the principal circumstances of
To the People of the State of New York:
dissimilitude into a closer group.
The President of the United States would be an officer elected
THERE is an idea, which is not without its advocates, that a viga
by the people for four years; the king of Great Britain is a per-
orous Executive is inconsistent with the genius of republicar
petual and hereditary prince. The one would be amenable to
government. The enlightened well-wishers to this species of gove
personal punishment and disgrace; the person of the other is
ernment must at least hope that the supposition is destitute of
sacred and inviolable. The one would have a qualified negative
foundation; since they can never admit its truth, without at the
upon the acts of the legislative body; the other has an absolute
same time admitting the condemnation of their own principles
negative. The one would have a right to command the military
Energy in the Executive is a leading character in the definition
and naval forces of the nation; the other, in addition to this right,
of good government. It is essential to the protection of the come
possesses that of declaring war, and of raising and regulating fleets
munity against foreign attacks; it is not less essential to the steadi
and armies by his own authority. The one would have a concurrent
administration of the laws; to the protection of property agains
power with a branch of the legislature in the formation of treaties;
those irregular and high-handed combinations which sometime
the other is the sole possessor of the power of making treaties. The
interrupt the ordinary course of justice; to the security of libert
one would have a like concurrent authority in appointing offices;
against the enterprises and assaults of ambition, of faction, and of
the other is the sole author of all appointments. The one can
anarchy. Every man the least conversant in Roman story, know
confer no privileges whatever: the other can make denizens of
how often that republic was obliged to take refuge in the absolute
aliens, noblemen of commoners: can erect corporations with all
power of a single man, under the formidable title of Dictator, al
the rights incident to corporate bodies. The one can prescribe no
well against the intrigues of ambitious individuals who aspired
rules concerning the commerce or currency of the nation; the
to the tyranny, and the seditions of whole classes of the com
other is in several respects the arbiter of commerce, and in this
munity whose conduct threatened the existence of all government
capacity can establish markets and fairs, can regulate weights and
as against the invasions of external enemies who menaced the
measures, can lay embargoes for a limited time, can coin money,
conquest and destruction of Rome.
can authorize or prohibit the circulation of foreign coin. The
There can be no need, however, to multiply arguments of
one has no particle of spiritual jurisdiction; the other is the
examples on this head. A feeble Executive implies a feeble execut
supreme head and governor of the national church! What answer
tion of the government. A feeble execution is but another phrase
shall we give to those who would persuade us that things so unlike
for a bad execution; and a government ill executed, whatever il
resemble each other? The same that ought to be given to those who
may be in theory, must be, in practice, a bad government.
tell us that a government, the whole power of which would be in
Taking it for granted, therefore, that all men of sense will
the hands of the elective and periodical servants of the people, is
agree in the necessity of an energetic Executive, it will only res
an aristocracy, a monarchy, and a despotism.
PUBLIUS
main to inquire, what are the ingredients which constitute this
energy? How far can they be combined with those other singredients
which constitute safety in the republican sense? And how far does
this combination characterize the plan which has been reported
by the convention?
The ingredients which constitute energy in the Executive are
450
451
Some items in this folder were not digitized because it contains copyrighted
materials. Please contact the Gerald R. Ford Presidential Library for access to
these materials.
TUESDAY, APRIL 3 1979
YAGS JUT 7209 XXOY A31
How Haig paved
the way for
Nixon' S pardon
By Richard Gooding
Gerald Ford reveals for
the first time in his forth-
What Ford thought
coming memoirs that Gen.
Alexander Haig raised the
idea of a presidential par-
of Kissinger, Rocky,
don a week before Nixon
resigned from the presi-/
dency.
Reagan and Co.
According to The Nation
The Nation.
7. 1979 $1
THE FORD MEMOIRS
GLOBAL MONOPOLY
BEHIND THE
MONEY GAMES
NIXON PARDON
BELL ABOVE
NATIONS PLAY
THE LAW
In his memoirs, A Time to Heal, which
WILLIAM K. TABB
Harper & Row will publish in late May or
Aryeh Neier
early June, former President Gerald R.
The international economy these days is
Ford says that the idea of giving a blanket
best understood as a complex game of
pardon to Richard M. Nixon was raised be-
chicken. The name of this global game is
fore Nixon resigned from the Presidency
PRICES
international capitalism, and the way it is
by Gen. Alexander Haig, who was then the
EXPLODE
played hasn't changed all that much over
White House chief of staff.
the last couple of centuries. Yet the playing
Ford also writes that, but for a misun-
Robert
field looks more confused than usual. In the
derstanding, he might have selected Ron-
Lekachman
immortal words of Bud Abbott and Lou
ald Reagan as his 1976 running mate, that
Costello, "Who's on first?" It indeed is diffi-
Washington lawyer Edward Bennett Wil-
cult to tell the players without a score card,
liams, a Democrat, was his choice for head of
or what they're doing without a rule book.
the Central Intelligence Agency, that Nixon
There are mixed teams of shifting mem-
was the one who first proposed Nelson
RELIGION
bership. The main players are nations,
Rockefeller for Vice President, and that he
bankers, corporations, political parties and
regretted his "cowardice" in allowing Rock-
AND THE
trade unions. Each will form alliances with
efeller to remove himself from Vice Presi-
REV. MOON
other players for temporary goals. To the
dential contention. Ford also describes his
spectator the action of the playing field is
often prickly relations with Henry Kis-
Irving Louis
confusing. And, of course, it is really not a
singer.
Horowitz
game. This year is, after all, the golden an-
The Nation obtained the 655-page type-
niversary of the 1929 Great Depression. Ri-
script before publication. Advance excerpts
valries like these in the past have resulted
from the book will appear in Time in mid-
in trade wars, not to mention world wars.
April and in The Reader's Digest thereaf-
INFLATION IN
The biggest gamesters are trying to win
ter. Although the initial print order has not
by convincing everybody else that the game
been decided, the figure is tentatively set at
THE STREETS
is really quite stupid and everyone should
50,000; it could change, depending upon
Fred J. Cook
stop playing. These sophisticated players
the public reaction to the serialization.
are the global corporations. Their game is
Ford's account of the Nixon pardon con-
free trade and, as their weaker competitors
tains significant new detail on the negotia-
complain, they really want to play by their
tions and considerations that surrounded
ow rules.
it. According to Ford's version, the subject
'ZOOT SUIT'
In Europe a once-again expansionist
was first broached to him by General Haig
STORY
Germany plays a new version of the
on August 1, 1974, a week before Nixon re-
balance-of-power game, calling for a new
signed. General Haig revealed that the
Carey
European money unit and a European
newly transcribed White House tapes were
McWilliams
Monetary Fund. This is, in effect, an end-
the equivalent of the "smoking gun" and
run. around the United States-controlled
that Ford should prepare himself to be-
International Monetary Fund. Yet the Ger-
come President.
mans are in turn imposing the I.M.F. rules
Ford was deeply hurt by Haig's revela-
of the game on their weaker European
(Continued on Page 363)
(Continued on Page 369)