List of people pardoned or granted clemency by the president of the United States
This is a partial list of people pardoned or granted clemency by the president of the United States. The plenary power to grant a pardon or a reprieve is granted to the president by Article II, Section 2, Clause 1 of the Constitution; the only limits mentioned in the Constitution are that pardons are limited to federal offenses, and that they cannot affect an impeachment process: "The president shall... have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment".
Though pardons have been challenged in the courts, and the power to grant them challenged by Congress, the courts have consistently declined to put limits on the president's discretion. The president can issue a full pardon, reversing a criminal conviction as if it never happened. A pardon can also be offered for a period of time to cover any crimes that may have taken place or stop any charges from ever being filed during that period. A pardon can be issued from the time an offense is committed, and can even be issued after the full sentence has been served. The president can issue a reprieve, commuting a criminal sentence, lessening its severity, its duration, or both while leaving a record of the conviction in place. Additionally, the president can make a pardon conditional, or vacate a conviction while leaving parts of the sentence in place, like the payment of fines or restitution. After George W. Bush attempted to rescind his pardon of Isaac Robert Toussie, the Department of Justice concluded that the pardon was not yet effective, since it had never been officially delivered to Toussie. Under this legal interpretation, posthumous presidential pardons appear to be merely ceremonial and have no effect, since they were never delivered to the recipient.
Pardons granted by presidents from George Washington until Grover Cleveland's first term were handwritten by the president; thereafter, pardons were prepared for the president by administrative staff requiring only that the president sign it. The records of these presidential acts were openly available for public inspection until 1934. In 1981, the Office of the Pardon Attorney was created and records from President George H. W. Bush forward are listed.
Summary
George Washington
President George Washington pardoned, commuted, or rescinded the convictions of 16 people. Among them are:- Philip Vigol and John Mitchel, convicted of treason for their roles in the Whiskey Rebellion
John Adams
- David Bradford, for his role in the Whiskey Rebellion
- John Fries, for his role in Fries's Rebellion; convicted of treason due to opposition to a tax; Fries and others were pardoned, and a general amnesty was issued for everyone involved in 1800.
Thomas Jefferson
- David Brown – convicted of sedition under the Sedition Act of 1798 because of his criticism of the U.S. federal government, receiving the harshest sentence of anyone; pardoned along with all violators of the act
- Benjamin Fairbanks – convicted with Brown of erecting a Liberty Pole in Dedham, Massachusetts. He received the lightest sentence of anyone under the Act.
James Madison
- William Hull – while Governor of the Michigan Territory, sentenced to death for surrendering Fort Detroit during the War of 1812; pardoned due to his heroic conduct during the American Revolution
- Jean Lafitte and Pierre Lafitte and the Baratarian Pirates for past piracy, granted due to their assistance during the War of 1812; granted February 6, 1815
James Monroe
- Numerous individuals convicted of piracy
John Quincy Adams
- Captain L. O. Helland – arrested for having more passengers on board the vessel than were allowed by American law; pardoned in 1825
- Wekau and Chickhonsic – Ho-Chunk leaders pardoned for their role in the Winnebago War
Andrew Jackson
- George Wilson – convicted of robbing the United States mails. Strangely, Wilson refused to accept the pardon. The case went before the Supreme Court, and in United States v. Wilson the court stated: "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 is rejected, we have discovered no power in this court to force it upon him." While Wilson refused the pardon, he avoided being hanged unlike his accomplice who was. A report in The National Gazette of Philadelphia dated January 14, 1841, suggests that he was in prison for ten years until released. He received another pardon from President Martin Van Buren, which he accepted. However, the Smithsonian magazine has written that Wilson was hanged as a result of refusing the pardon.
- Fontaine H. Pettis – Convicted of perjury, pardoned November 16, 1831
Martin Van Buren
- William Lyon Mackenzie – violation of American neutrality laws; pardoned
William Henry Harrison
John Tyler
Whig president John Tyler pardoned, commuted, or rescinded the convictions of 209 people. Among them are:- Alexander William Holmes – sailor convicted of voluntary manslaughter ; pardoned
James K. Polk
- John C. Frémont – convicted by court-martial of mutiny in 1848. Frémont later became the 1856 Republican candidate for the U.S. presidency.
- Gideon Johnson Pillow – convicted by court-martial of insubordination in 1848
Zachary Taylor
Millard Fillmore
Whig president Millard Fillmore pardoned, commuted, or rescinded the convictions of 170 people. Among them are:- Daniel Drayton and Edward Sayres – convicted in the Pearl incident in 1848; pardoned
Franklin Pierce
- Noah Hanson – free black man who was tried and convicted of assisting slaves to escape, convicted in 1851; pardoned in 1854; only known presidential pardon of a black person for Underground Railroad activities
James Buchanan
- Brigham Young – pardoned for role in the 1857 Utah War
- Daniel Vandersmith – former judge, pardoned for forgery
Abraham Lincoln
- 265 of 303 Dakota Indians who attacked white settlers in the Great Sioux Uprising of 1862
- Clement Vallandigham – Copperhead congressman from Ohio sentenced for disloyalty in 1863; sentence commuted and deported to the Confederacy
- Emilie Todd Helm – wife of Confederate general Benjamin Hardin Helm and half-sister of Mary Todd Lincoln
- Moses Robinette - President Joe Biden's great-great grandfather who was charged with attempted murder in 1864.
- Various men who enlisted in the army, but who were, among other circumstances, underage, bounty jumpers, or AWOL
Andrew Johnson
- Ex-Confederates – On Christmas Day, 1868, Johnson issued a full and unconditional pardon and amnesty to all former Confederates of the rebellion. Among them were:
- * Charles D. Anderson
- * Richard H. Anderson
- * Eli Metcalfe Bruce
- * Horatio Washington Bruce
- * Charles Clark
- * Jefferson Davis
- * Harris Flanagin
- * Augustus H. Garland
- * Benjamin Harvey Hill
- * Wade Keyes
- * Enoch Louis Lowe
- * Andrew Gordon Magrath
- * E. A. Nisbet
- * James Byeram Owens
- * Walter Preston
- * James Seddon
- * Alexander H. Stephens
- * George Trenholm
- Samuel Arnold – charged with conspiring to murder Lincoln
- Samuel Mudd – charged with conspiring to murder Lincoln
- Edmund Spangler – charged with conspiring to murder Lincoln
Ulysses S. Grant
- Ex-Confederate leaders – all but 500 former top Confederate leaders were pardoned when Grant signed the Amnesty Act of 1872
Rutherford B. Hayes
- Ezra Heywood – anarchist convicted of violating the 1873 Comstock Act; pardoned after 6 months