Ex Parte: In the Matter of William Wells, On a Petition for a Writ of Habeas Corpus

The petitioner was convicted of murder in the District of Columbia, and sentenced to be hung on the 23d of April, 1852. President Fillmore granted to him a conditional pardon. The material part of it is as follows: 'For divers good and sufficient reasons I have granted, and do hereby grant unto him, the said William Wells, a pardon of the offence of which he was convicted upon condition that he be imprisoned during his natural life; that is, the sentence of death is hereby commuted to imprisonment for life in the penitentiary of Washington.' On the same day the pardon was accepted in these words: 'I hereby accept the above and within pardon, with condition annexed.' An application was made by the petitioner to the circuit court of the District of Columbia, for a writ of habeas corpus. It was rejected, and is now before this court by way of appeal. The second article of the constitution of the United States, section two, contains this provision: 'The President shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.' Under this power, the President has granted reprieves and pardons since the commencement of the present government. Sundry provisions have been enacted, regulating its exercise for the army and navy, in virtue of the constitutional power of congress to make rules and regulations for the government of the army and navy. No statute has ever been passed regulating it in cases of conviction by the civil authorities. In such cases, the President has acted exclusively under the power as it is expressed in the constitution.