United States v. Wilson
|United States v. Wilson|
|Argued January 18, 1833|
Decided January 26, 1833
|Full case name||United States v. George Wilson|
|Citations||32 U.S. 150 (more)|
|A pardon cannot be recognized by a judge if it has not been brought judicially before the court by plea, motion, or otherwise.|
|Majority||Marshall, joined by unanimous|
United States v. Wilson, 32 U.S. (7 Pet.) 150 (1833), was a case in the United States in which the defendant, George Wilson, was convicted of robbing the US Mail in Pennsylvania and sentenced to death. Due to his friends' influence, Wilson was pardoned by Andrew Jackson. Wilson, however, refused the pardon. The Supreme Court was thus asked to rule on the case.
The decision was that if the prisoner does not accept the pardon, it is not in effect: "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."
It remains unclear whether Wilson was ever actually executed.
- Bohm, Robert M., DeathQuest: An Introduction to the Theory and Practice of Capital Punishment in the United States, p25
- "Can a Person Refuse a Presidential Pardon?". mentalfloss.com. 2019-02-27. Retrieved 2019-10-20.
- Text of United States v. Wilson, 32 U.S. (7 Pet.) 150 (1833) is available from: CourtListener Justia Library of Congress OpenJurist
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