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Pardon Must Be Accepted

During the presidency of Andrew Jackson, George Wilson, a postal clerk, robbed a federal payroll from a train and in the process killed a guard. The court convicted him and sentenced him to hang. Because of public sentiment against capital punishment, however, a movement began to secure a presidential pardon for Wilson (first offense), and eventually Jackson intervened with a pardon. Amazingly, Wilson refused it.

Since this had never happened before, the Supreme Court was asked to rule on whether someone could indeed refuse a presidential pardon. Chief Justice John Marshall handed down the court's decision: "A pardon is a parchment whose only value must be determined by the receiver of the pardon. It has no value apart from that which the receiver gives to it. George Wilson has refused to accept the pardon. We cannot conceive why he would do so, but he has. Therefore, George Wilson must die." George Wilson, as punishment for his crime, was hanged. Pardon, declared the Supreme Court, must not only be granted, it must be accepted.

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