Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-03-28


The following may be regarded as an impor.
tant document Of the times. It was written for
the purpose of inhusncing the late elections in
Tennessee, yet undoubtedly announces the I
policy Lincoln desires to pursue, as it comes
from the ofics of the United States attorney
general, and was of course written only after |
consultation:
WASHINGTON, FebruAry21 1864.
SIR: Many persons, against whom criminal
indictments, or agsiuss whom property proceed |
ines under the condScation laws, are pending in |
the courts of the United States, growing out of
the participation of such persons in the exist
ing rebellion, haze IN good faith taken the oath
prescribed by the pFoelsmatiOnof the President,
of the 9Th Of December, 1868, and have there.
fore entitled themselves TO the full pardon and
restoration of eli rights of property, except IS
to slaves and where tho rights of kifed parties
hEve iBtsrvsned, which that proclamation offers
and seeuTes. The Presidents pardon of per
son guilty of acts of Tebsllion will, Of course,
relieve that person from tbs penalties incurred
bv his crime and where an indictment is pend
ing against him therefor, the production
of the pardon, signed By the President,
or of satisfactory evidenea that ne has
complied with the conditions on which the
pardon is offered, If be be lot Of the cia5s ex :
copied l1Ou inc DturlE5 u hAD piUEiAAAkiUus
will be sufficient reason fer discontinuiHg
such criminal proceedings sud disch2rgiUg him
from custody therein. Nor 10 it less doubtful
that bona fids acceptance OF ths terms Of the
| Presidents proclamation by parsons guilty OF
acta Of rebellion, and not OF the accented class,
| will secure 70 such person q restoration of all
the rights OF property, except ss TO slaves, and
wheTe the rights of third parties shall have in
teryened; notwithstanding such parties may, by
reason of those acts Of Iohellion, have been sub
| iected to eon6seAton under the provisions OF
the confscation acts Of August Q, 1861, chapter
81, ard July IL, 1862, chapter I95. For with
out sdvsrting 70 any other source Of power In
the President TO restore their rights of property
the l3!h section of the act Of July II, 1862, an
th9rZss the President, Et any Tins thereafter
by proclamation, to extend 20 persons who may
have participated in the existing rebellion, in
any State OF part thereof, pardon and amnesty,
With such exceptions sRd at such times and on
such conditions as he may deem eIpedieut for
the public welfare Il will hardly be ques-
toned, l suppose, that tho purpose Of this SEC
tiDn, inserted in law msiBly intended TO
reach the property Of persona engaged in ths
rebellion was TO vest tho President with full
power 20 relieve such persons on Guch coDdi-
tons Es be should prescribe from fbe psDslty
of loss Of their property by coufscslicn. d.
though the proceedings for conhzcslion IN
der che acts of August s, 1861, sud july
IL, 1862, are IN rem against the property ssized
yet under both acts the ground Of condemuE-
ton is the personal guilt OF the owner in aiding
the rebellion. By tina pardon and amnesty, NOT
only is the punishmsntof of that personal guilt
RENTED, but the Gffsnss itself IS efaced, that
being the special effect of an act of amnesty Of
the Government. OF course it arrests and puts
| to an end all penal proceedings founded thereon,
whether they touch the person or the property of
the offender There is, therefore, no case of ju.
diciEl proceedings to enforce the penalties 81
| acts of rebellion which cannot be resCbed and
cured by the onstitutionsl OF statutory powers
! Of the President to grant pardon and amnesty,
| whether those proceedings be against the person
of the offender by criminal indictment, OF against
/ his property under the confscasIon sc!s referred
! to. The President has accordingly directed me
| to instTuct you that IN any case where proceed
iBgs have bsen commenced and are pending
aud undetermined in the district or circuit
courts of the United States for your district,
sgsinst person charged with acts Of r. bellion,
And not Of The excepted class, whether they be
by Indictment or seizure and libel of his prop
srty for cOufScaton, the rights of other parties
not having interviewed, you viii discontinue and
put an end 10 these proceedings, whenever the
person so charged shall produce evidences Batis
factory to you that he has, in good faith, taken
the oath and complied with the conditions pre-
seribed by the Presidents proclamation of ths
9Th of December, 1863 NJr is is necessary
that the evidence be produces should be decd
Of pardon signed by the President Il would
be quite impossible for the PrendeHl to fuInish
the multitude who are now sVailing themselves
of the benefits Of the proclamation, and who
are likely 20 do 50 hereafter, with this forma
evidence of psrdoni II will be sufficient to j1sd-
fly yOHT GodOn if the party seeking to bs relieved
from further proceeding shall prove to your fall
satisfaction that he has in good tAiih taken the
oath and brought himself within The conditions
of pardon and amnesty sss forth in the prOglamA.
tion. II ia any case you have good reason to
believe that the osEh has been taken for the
msrs purpose of obtaining tbs possession Of
personal property seized under the conhscaiion
acts, with intent TO remove il from the subse-
auent reach of the officers of tho law, you will
mako report Of tbs facts and reasons for your BE-
lief at this efiee before diseOEununs the proceed
ings or restoring such properly to The possession
of the owner Eugitives under saction 5, Of the
act of July 49, 1861, chapter 3, are NOT Of the
class reached by the proclamation for, under
that act, the question whether the property seiz-
ed IS subject TO forfeiture depends upon sac pre-
dicsment Of the property itself, and not upon
the personal guilt or innocence Of its Oyyr-
eT In this respect f0rfeitures under that set
have moTe resemblance to csseS of prize Of
than to proceedings under ihe act OF August,
1861, and july, 1862. Such forieiguTss are pro-
vidod, not SO much 10 punish the owner for dis
loyal aeis, as to prohibit commercial intercourse
and weaken the public enemy, which aTs always
efficient instruments and legitimate effects OF
public war. Bui, although he remission Of for
fetu1ss under the act Of July, 1861, are thus
not within the scope of the proclamation of paf-
don, still ample power is conferred on the SecTo-
tsTy of the Treasury by the S,a section Of that
act TO mitigate or remit all fofleitures and penal
ties incurred under the act And it is not to be
dou5ted that ia Sll proper esssB under that act,
where the owner Of the property resi- ling in the
territory IN rebellion complies with hs c0Bdiiion
OF the proclamation, the Secretary OF the Treas.
uTy viii exercise the power of remission Of such
forfeiture IN the same spirit of generous foIbsar-
aDcs ard ibcrslity which inspired and chAIac-
teTiEed tho proclamation.
Very respectfully, etc.,
TITAN J. COFFEY,
Acting Attorney General
Yankee SPecuiatiOAs Of the war.