6396. PARDONS BY LAW.—
The “ privilege
of clergy”, originally allowed to the clergy, is now extended to every man, and even to
women. It is a right of exemption from capital
punishment, for the first offence in most
cases. It is, then, a pardon by the law. In
other cases, the Executive gives the pardon.
But when laws are made as mild as they should
be, both those pardons are absurd. The principle
of Beccaria is sound. Let the legislators
be merciful, but the executors of the law inexorable.—
To M. de Meunier. Washington ed. ix, 263.
Ford ed., iv, 168.
(P.
1786)
