Daily national Republican., 1864-02-23
THE Amnesty PRooLAMkr,on.

The following is q circular letter Of the Law
| department Of the Administration to the Dis.
trict Attorneys Of the United States, explaining
the provisions Of the Prcsidsnt's recent procls.
nation OF amnesty, vi
Y AffonHEv GENERALs orFfer,l
WAsHINoToN, Feb. 10, 1864.
slR; Many persons against whom criminal
Indictments, or against whose property pro
eeedlngp under the connscation laws are pend
Ing In the courts Of the United States, growing
out Of the participation Of such persons In the
existing rebellion, have, In good faith, taksr
the oath prescribed BY the proclamation Of th'
therefore, entitled. themselves 10 the full par
don, and restoration Of all rights Of property
| except as 10 slaves, and where rights Of third
parties have intervsned, which that proclama.
tlon offers and secures.
The Presidents pardon of q person guilty oI
acts Of rebellion will Of course relieve that per.
son from the penalties incurred by his crime
and, where an Indictment is pending against
him therefor, the production Of the pardon
signed BY the President, or of satisfactory eyi.
| dence that he has compiled with the conditions
on which the pardon il offered, (if he bo not Of
the class excepted from the benefits OF the
proclamation, } will be sufficient reason fol
dlseontlnulng such criminal proceedings, and
| discharging him from custody therein.
Nor Is it iess doubtful that bona ,ads accept.
ance OF the terms Of tho Presidents proclama.
ton, BY persons guilty ofacts Of rebellion, and
not OF the excepted class, will secure TO such
persons q restoration Of all rights Of property,
except as to slaves, and whore the rights Of
third parties shall have interviewed, notwlth.
standing such property may, by reason Of those
acts Of rebellion, have been subject 10 conhs-
cation under tho provisions Of the confscatlon
acts OF 9Th Of August, 1851, chapter 90, and
17th July, 1862, chapter 1P5. For, Without ad.
yerting TO any other source. of power In tho
President 70 restore or protect their rights OF
property, the 18th section Of the set OF 17th
July, 1863, authorizes the President at any
time thereafter, BY PROCLAMATION, To extend to
persons who may have participated In the eK-
isting rebellion In any State or part thereof,
pardon and amnesty, with such exceptions,
and at such time, and ON such conditions, az
he may deem expediont for the public welfare
II viii hardly be questioned, suppose, that
the purpose OF this section, inserted In law
mainly intended to roach the property Of per-
sons engaged In rebellion, was TO vost the Prcs4
ident with full powei 10 relieve such persons,
ON such conditions as he should prescribe, from
the penalty ofloss Of their property BY confs-
cation. Although the proceedings for confs-
cation under the act Of August Q, 1861, and
July "a, 1852, arc On rem, agalnstthe property
seized, yet under both acts, the ground of con.
demnAtion Is the personal guilt OF the owner
amnesty, not only Ia the punishment OF that
personal guilt remitted, but the offence itself
is eflaced, that being the special effect Of an
act OF amnesty by the Government. OF courae
II arrests and puts an end 10 all penal proceed-
ings founded thereon, whether they touch The
persons or the property Of the offender.
There is, therefore, no case Of judicial pro-
ceedlngs TO enforce the penalties OF acts OF re-
belllon, which cannot bereached and cured BY
the constitutional or statutory power of the
President TO grant pardon and amnesty Uheth-
or the proceedings be against the person OF the
offender by criminal Indictment, or against his
property under the connscatlon act referred TO,
The President has accordingly directed me to
instruct you that, In any case where proceedings
have been commenced, and are pending and
undetermined, In the District or Circuit Court
OF the United States for your district, against
person charged with acts Of rebellion, and
not OF the excepted class, whether they be by
Indictment or by seizure and libel OF his prop
erty for connscatlon, (the rights Of other par
Ties not having interyened,) you will dlscon-
tinue and put an end TO those proceedings,
whenever the person so charged shall produce
evidence satisfactory TO you that he has, in
good faith, taken the oath and complied with
the conditions prescribed by the Prcsldent's
proclamation of the 6th of December, 1868,
Nor is 1t necessary that the evidence which he
produces should be deed Of pardon signed by
the President.
1t would be quite Impossible for the Presi.
dent TO furnish the multitude who are now
syailing themselves Of the benefits of the proc
lamAtion, and who are likely to do SO hereafter,
with this formal evidence Of pardon. 1t will
be sufficient to Justify your action, II the party
seeking to be relieved from further proceedings
shall prove TO your full satisfaction that he has,
In goea faith, taken the oath and brought himself
wlthlh The conditions of pardon and amnesty
set forth In the proclamation.
III, In any case, you have good reason 10 be.
lleye that the oath has besn taken for the mere
purpose Of obtaining the possession OF personal
property seized under the ronhscation acts.
with intent TO remove 1t from the subsequent
reach OF the officers Of the law, you will make
report of the facts and reasons for your belief
70 this onice before disseminating the proceed
lngs or restoring such property 10 the possoI.
sion OF the owner.
Forfelturcs under the fifth section of the act
OF 18th July, 1861, chap. Q, hro not Of the class
reached by the Presidents proclamation, for.
under that act, the question whether the prop,
erty seized Is subjsct to forfeiture, depends
upon the predicament of the property itself
and not upon the personal guilt or innocepce
OF Its owner. In this respect, forfetures under
that act have more resemblance to cnaeA of
prize Of war captured at sea as enemyss pron
erty, than 10 proceedings under the Aeta az An
gust, 1851, and July, 1862. such forfeltures
are enforced, not SO much to punlsh The Owner
for disloyal acts, as to prokIhit commercial
intercourse, and TO weaken The public onemy
which are always efficient Instruments ana Ie,
gitimate effects Of public war.
But although the remission of forfehure.
under the act Of July, 1861, are thus NOT within
the scope Of the proclamation of pardon, stIlI-
ample power Ia conferred ON tho Secretary oi
the treasury by the Sth section Of lhat act 10
mitigate or remit all forfeItures and penAltIoS
Incurred under the act. And h is NOT 10 be
doubted that In all proper cases under thnt act,
where the owner Of the property, residing in
the territory In rebellion, eomplies UIth Tie
conditions of the procla nation, that the Secre.
tary Of the Treasury will exercise the power
OF remission Of sG<h forfeltuTes In the same
spirit OF generous forbearanee and IiberaiItS
which inspired and characterises the procl ANA
tlon.
Very respectfully, &C.,
90 TITAN J. CoTSEr,
Acting Attorney General.
To ihe United States District Attorney at