The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-01-06
[FROM OUR OWN CORRESPONDENT

An interesting question appears to have ariser
lately in the United States Courts of Utah. to which
Congress may, and certainly should, give some at
:ention. 1t will be remembered that last spring
when the Peace Commissioners went out to Utah t.
exhort the rebellious Mormons to return to theil
allegiance they carried Proclamation from the
PRESIDENT of the UNITED STATES, granting a free
pardon for all ''the seditions and treasons of the
past" provided they would receive the federal Off
in the Territory, and yield future obedience tc
the law. After day or two of negotiation several
of the Mormon leaders agreed to the terms on theil
own behalf, and on that of their deluded followers
The validity of the pardon, and the policy of this
act of Executive clemency, were both discussed
somewhat at the time, but far less than the import
of the principles involved would seem to Justify
Under the American Constitution the PRESIDENT i:
clothed with "power to grant reprieves and pardon:
for offences against the UNITED STATES" But nc
"ofence" is recognized by American law as COM
mittcd until it has been proved and to the Ju.
dietary alone, has the Constitution confided the
power and duty of determining the fact, &r
no an offence has been committed. 1t would seem
absurd to hold that crime can be pardoned before
its commission, and thence it follows that the par
doning power, in the UNITED STATES cannot be eff
fectively exercised until after conviction This is
the more apparent, when we remember that pardon
implies guilt. 1t is an act of grace which saves a
man from the consequences of crime-wbile an az
quittal leaves the accused without a STAIN Surely
the President of the UNITED STATES has not power
to force pardon upon man,-as was ATTEMPTED
by LOUIS NAPOLEON in the case of MoyrALEMBERT
and thus stamp him with DEGRADATION
When this view of the case was presented in OBJ
lection to the PRESIDENTS Mormon pardon procla-
nation the answer made was that said proclama-
ton did not of itself involve perfect pardon but
that 1t declared the purpose of the PRESIDENT and
naV his IF rln ~
cepted. With that understanding of the case. OF
course, the legal objections to the PRESIDENTS act
vanished. But it turns out that the UNITED STATES
ATTORNEY in Utah claims far than this 1t
has been held there that the pardon covers every
species of crime incident to the t'treason and sedi-
tion"-that is murder robbery, assault, theft, &c.
to the end OF the chapter. For this reason, and
also because the Mormons have invariably repudi-
ated the pardon, declaring its invalidity because
they have not accepted it, and protesting that they
have not committed the crimes of the respon-
sibility for which it processes to relieve them:
there has been a disposition in Utah to press
the law against the late rebels, and thus
humble them before its majesty by compel
ling them formally and specifically to accept
the Executive clemency and plead the pardon pro
clamation in bar of punishment. Judge SINCLAIR
accordingly, in charging the Grand Jury, drew the
line distinctly between the Judiciary and the Exc
cutve, stating that he could not judically recoe-
nize the pardon proclamation, and holding substan,
tally that if any is accused of crime the Court
must decide the question of his guilt or nnocence
and, if guilty, whether the act charged ,cas covered
by the Executive pardon or not, and that if it be
so covered, the accused must specifically plead the
pardon, and by that act formally accept it and avail
himself of its benefits.
United States Attorney WILSON, however,
differed with the Judge, and notified the Grand
Jury that he would draw up no bills for treason or
seditlon-which, in connection with the statement
already given you of the latitude which the terms
"treason and sediton" are made to cover in Utah
would seem absolutely to forestall all prosecution
Tor any crime committed in Utah last year, provd-
ed the accused simply asserts that he committed the
crime as an incident to the rebellion Can any such
preposterous proposition stand the test Of examna-
ton? If so, the Presidents proclamation of par
don is thus made to work direct interference with
the judicial Department of the Government If il
be true that the PRESIDENT has right to grant
pardon in advance of trial. which shall be full and
complete in itself, and so wrest a prisoner
from the hands OF the courts, or force him out of
them despite his remonstrances, or debar the Court
from trying him, then it will be seen that the Exc
cutve is clothed with the despotic power of con-
demning a citizen unheard, (n the very act of re-
lieving him from possible punishment,O and of
r-shadowing the coordinate and co-equa branch
of the Government-the Judiciary These pronosi
tons are well worth the attention of the Press and
the public-for if the United States District At
torney is to be sustained fatal blow is struck at
the integrity of the American system of Govern
ment.
The despotic Governments of Europe, in which
all the powers of government are centralized in
the Sovereign, may have the right thus to grant
pardons which shall be absolute when proclaimed
in advance of trial. They may forbid prosecu-
tions-just as they may order the Danish
ment or execution of an offender without
even pretence of investigation; but the American
Constitution, in establishing the Judiciary as an
Independent and co-equal branch of the Govern
ment for the greater safety of both the citizen and
the State, has precluded any such power in the
Executive. As the case stands in Utah. under the
ruling of Attorney General WILSON, and of the
Police Magistrates, all reciprocity between the
Government and the citizen under the Pardon
Proclamation is lost; and the Mormon traitor
avails himself of the pardon to his neck from
the halter, at the same instant in which he
is uttering the vilest treason and manifestipg
hourly the fact that far from bowling to
the majesty of the law, while accepting Executive
grace, he is just as much traitor as ever and is
restrained from giving active effect to his treason
not by The pardon, but simply because of the pres
ence of the federal army in overwhelming and in
timidating force. 1t will be seen that such
condition of affairs tends to bring the Governm ent
into contempt, and to raise spirit of insubord ma
ton certain to break out in overt acts sooner or
later, or whenever the ''standing army"-so re-
pugnant to the theory of Republican Government
is Withdrawn.
The Committee on Ways and Means in the House
is nearly ready to report bill for the increase of
the revenue. 1t will make no general change in
the present tariff, except in adopting the recon-
mendation of the Secretary of the Treasury for
return to the decimal system of divisions in the as
sessment of duties under the various schedules
This, l understand, is likely to be done. Various
articles will be transferred from the free list to duty
paving schedules, and the impOsts ON many now
paving articles will be increased. In no event,
however, will any change from the ad ralor en-. to
the specific system be made.
Mr.. DOUGLAS has been detained, as you already
know, by the reception given him at New York and
Philadelphia. Many of his friends b ere are uneasy
at the movements in the Illinois Legislature, fear
ing that the factious movements of the Repub-
licans therein to prevent present permanent or
ganzation, conducted in order to gain time for
the completion of arrangements which shall secure
the election OF some opponent of the Judge to the
= nited States Senate. Meantime the hostility of
the National Administration, and its supporters
nere TO Mr.. DOUGLAS seems to abate nothing of its
1t does not seem probable that the Re-
pubcans OF the Illinois Legislature intend to defeat
any action during the present session.
which consideration is the more significant of some
special scheme against Mr.. DoueLAs' interests The
result is awaited here with intense interest on all
hands.
The proceedings in Congress to-day in respect to
The memory Of Gen. DURHAM were exceedingly inn