Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/351

 CH. XXXVII.] § 1487. The next provision is, as to the power of the president, to require the opinions in writing of the heads of the executive departments. It has been remarked, that this is a mere redundancy, and the right would result from the very nature of the office. Still, it is not without use, as it imposes a more strict responsibility, and recognizes a public duty of high importance and value in critical times. It has, in the progress of the government, been repeatedly acted upon; but by no president with more wisdom and propriety, than by President Washington.

§ 1488. The next power is, "to grant reprieves and pardons." It has been said by the marquis Beccaria, that the power of pardon does not exist under a perfect administration of the laws; and that the admission of the power is a tacit acknowledgment of the