AN EARLY DEBATE ABOUT THE POWER TO PARDON

SOURCE:

The Debates in the Several State Conventions on the Adoption of the Federal Constitution:
By United States Constitutional Convention
Published 1863 Taylor & Maury
Original from Harvard University
Digitized Jul 27, 2006

Pages 497-98

Wednesday, June 18, 1788

MR. MASON: ... Now, I conceive that the President ought not to have the power of pardoning, because he may frequently pardon crimes which were advised by himself. It may happen, at some future day, that he will establish a monarchy, and destroy the republic. If he has the power of granting pardons before indictment, or conviction, may he not stop inquiry and prevent detection ? The case of treason ought, at least, to be excepted. This is a weighty objection with me.

Mr. MADISON, adverting to Mr. Mason's objection to the President's power of pardoning, ...There is one security in this case to which gentlemen may not have adverted : if the President be connected, in any suspicious manner, with any person, and there be grounds to believe he will shelter him, the House of Representatives can impeach him; they can remove him if found guilty; they can suspend him when suspected, and the power will devolve on the Vice-President. Should he be suspected, also, he may likewise be suspended till he be impeached and removed, and the legislature may make a temporary appointment. This is a great security.