“SAID ROBERT BINNIX WAS VERY YOUNG AND INEXPERIENCED AT THE TIME AND… WAS AFFECTIONATE TO HIS MOTHER…”: EXCEPTIONAL PRESIDENTIAL PARDON SIGNED BY ABRAHAM LINCOLN

LINCOLN, Abraham. Manuscript pardon signed. Washington: October 12, 1861. One wove leaf, measuring 21 by 16-1/2 inches, written on both sides, presidential seal intact.

Manuscript pardon boldly signed by Abraham Lincoln and countersigned by Secretary of State William H. Seward, granting clemency to Robert Binnix, who had served two years of an eight-year prison term for arson, noting that “there is reason to hope from his uniform good behavior in prison and the apparent sincerity of his frequently expressed regret for his departure from the path rectitude” that Binnix will be a law-abiding citizen.

“The power to grant presidential pardons, contained in Article II, Section 2 of the Constitution, has been directly related to— if not the critical feature of— some of the most salient political events in our nation’s history including: the Whiskey Rebellion, Fries Rebellion, the Alien-Sedition Acts, the presidential election of 1800, the Aaron Burr conspiracy trial, the War Between the States, and Reconstruction… The use of clemency powers has played a major role in the development of criminal law’s recognition of an insanity defense, self-defense, and compulsion” (P.S. Ruckman, Jr.). The Constitution gives the president “power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” A reprieve reduces the severity of a punishment without removing the guilt of the person reprieved.A pardon removes both punishment and guilt. As judicially interpreted, the president’s power to grant reprieves and pardons is absolute.During his presidency, Abraham Lincoln demonstrated this presidential prerogative 343 times.

In full, the document reads: “Whereas it appears that in the month of September A.D. 1859 one Robert Binnix was convicted on three indictments for Arson, in the Criminal Court of the District of Columbia and was by the said Court sentenced to be imprisoned in the Penitentiary of said District for the period of Eight years; And whereas it appears that the said Robert Binnix has now served out over two years of his said term of imprisonment and conducted himself in a very exemplary manner during his confinement; And whereas it appears that the said Robert Binnix was very young and inexperienced at the time when he committed these offenses, and it is certified by several respectable persons under whom he worked that he was industrious and generally well behaved; And whereas it is represented to me that the said Robert Binnix was affectionate to his mother and assisted her to maintain his younger brothers and sisters; And whereas it is further represented to me that Mrs Binnix is a hard working woman and overburthened with care of a large family of young children, whom she can no longer properly provide for without the assistance of her son Robert; And whereas there is reason to hope from his uniform good behavior in prison and the apparent sincerity of his frequently expressed regret for his departure from the path rectitude, that the said Robert Binnix will become a good and law-abiding citizen, and himself worthy of the Executive clemency herein exercised in his behalf; Now therefore, be it known that I Abraham Lincoln President of the United States of America, in consideration of the premises, divers other good and sufficient reasons me thereunto moving have granted and do hereby grant unto him the said Robert Binnix a full and unconditional pardon. In testimony whereof I have hereunto signed my name and caused the Seal of the United States to be affixed. Done at the City of Washington this Twelfth day of October A.D. 1861 and the Independence of the United States the eighty Sixth. [signed] Abraham Lincoln.” With embossed presidental Great Seal.

Expert reinforcement to folds. Near-fine condition.