LS as secretary of state, one page both sides, 8 x 10, May 30, 1846. Letter to Benjamin F. Butler, the US District Attorney of New York. In full: “Your letter of the 26th instant, to the President, on the subject of the pardon of Babe alias Brown, has been referred to this Department, with instructions to state in reply, that at the time the pardon was granted, the President was not advised of the pendency of other indictments against him, for the same alleged crime. He considers these indictments, and that one on which Babe was tried and convicted, as embracing substantially the same offence. The President does not believe, that he has the power to order a Nolle Prosequi on the pending indictments, otherwise than by granting a pardon before conviction. The entering of a nolle prosequi is your province with the assent of the court; in this case he does not doubt the propriety of such an entry. I am desired to request you, to inform me, whether you have deemed it proper to enter the nolle prosequi or not.” Some restoration to paper loss at edges, tape repairs and reinforcement to both horizontal folds, scattered light toning, and a few creases and wrinkles, otherwise very good condition.
Nolle Prosequi, a Latin phrase meaning ‘will not prosecute,’ is a formal entry in the records of a criminal case by the prosecutor, or plaintiff in civil cases, displaying the unwillingness to proceed with a case. Apparently, President Polk was not aware of pending indictments for the “same alleged crime” against the man whom he had already pardoned. The lack of communication prompted Buchanan here to request of the district attorney whether he had “deemed it proper to enter the nolle prosequias,” as “the President does not believe, that he has the power...on the pending indictments.”The presidential power to pardon is granted under Article II, Section 2 of the Constitution, which President Polk invoked a total of 268 times during his administration. Intriguing insight into the inner workings of a presidential pardon. Pre-certified John Reznikoff/PSA/DNA and RR Auction COA.
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