New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-02-23
THE COMPLICATION ACT ANN FteE
PREsBDENT's ANNEs-E PROC
IAMATfGN.
Important Circular by she Attorney
General.

WASHINGTON, February q, 1875.
SIR: Many persons, against whom crlnlihal
Indictments, against whom property proceedings
under the coniseation lnws pending IN ro Courts
Of the United States growing ou OF the participation
OF such p3rsous in the existing lebehon have IN gooo
faith taken tho oath prescised by The ploeamation 81
tie President ri the 9Th al December BOB enthaV',
therefor entitled themselves 10 III fnl pardon ana
restoration OF al rights OF properly except s 10 save
asd where tho rights OF thl'd parties have h'c'ehe''
/ witch that Prccillnation Offers ana secures.
lie Presidents pardon Of person grly"t acts o'
rebellion will al cOnrs" relieve that person from The
penalties incurred b! his crime. and where an indlet
ilcnt pending against him, therefore tho production
Of the 'lfdOn signed BIZ the President, or OF saIsia"-
taIy evidence tht be has complied with the condoo
on which lie pardon is offered il he be not OK te class
excepted from the benefits OF the proclamation Hll BE-
suiic, ut reason for disseminating such crlmnsl pro
cceiiDgs sUd discherying him from custody therein
Nor i IL doubtful that bona tde acceptance Of the
tors of'hr Presidents Proclamation by persons guilty
ofaCs Of rebellion and not OF the excepted olass, VIE
sec to such person restoration ~ all me rights oi
properly except as TO slaves. aDd whce tDe fts %
third parties slal have interyencdi ncVlifsfandinf
sncb property may by OF those BETS OF Tepriol
have been subject eonscarcn under the provisions
o the conscntion acia ~ August o, lso chapter w.
ard July H. ledo. chapter ls5.
Nor without adyer.iIg 20 any other sDprcc o power
in the President 10 restore their rights OF properly tnr
18Th section of the act of JAY H. lS62 authorizes The
President at any time thereafter by proclamation 10 e1
tend Ia persons who may have participated III the es
stine Rebellion in any state OF part thereof pardon and
amnesty, times, ana on -H'h coual'lohs III
mad deem oxpcdent for TIE public ycfarr.
II will hardy be questioned suppose, that the pur.
pose q; this section inserted in law mainly Intended
10 reach The properly Of persons engaged IN rb.ol.
was 20 vest The President with ull power 10 relieve
such persons such conditions he should prescribe.
the penalty of loss OF tbcr property by corhscato1
Although the proceedings for conhcaon under the acs
Of August e. s6 and July IL. 1862 in 0nins;
the property seized yet under both acts the ground o.
condemnation Is the personal guilt of the owner in ND.
ing tue Rebellion, BY the pardon and amnesty not
H. =
but the oienSe itself g. efced, th1t being tho special
effect q IN act of amnesty by the Government
or courso Il obd puts 10 end ali fenni pro
oeedacs founded thereon whether they Oloh the per
oa or properly Of the offender There ~ Therefore, no
case Of indcia proceedings 20 entrrs tho pente OF
ofrebclon which not be- reached and cured ny
the constitutional or statutory power Ga tae frc6ideis
to grant pardon and amnesty whether those proceed
ings be against the person CT The offender by criminal
Indictment against his properly under The ccnisca-
ZION acts referred to. -..
The President has accordingly directed toinstruct
yon that any where proceedings have been con
nenced and pending ard undct ernined in the Dis
tict Circuit Courts OF the United States for your
District against person CHARGED WIN .c.s2t ,sprlo'
and not Of the excepted class whether they be- by ncct
men or seizure and libel Of his property Tor eondemn-
ton the rights OF otter parties not having n;crvenel
you will discontinue ana Put an end 10 the proceeding
whenever the person charged shall produce cyi-
teuce satisfactory 10 you that he has in good ioh,
taken the oath aud complied with The coalitions pre-
scribrd by the Presidents Proclamation Of the sin ~
December 1863 Nor Is it necessary that tho evidence
he produces should be deed OF pardon signed by tie
President.
II would be quito impossible for the President Ia
furnish the multitude who are row awaiting themselves
OF the benefits of the Proclamation, and VIII" aro likely
to 10 so hereafter with this formal evidence ri pGror
IL will be sufficient justify your action II the party
seeking TO b. relieved from inrther proceedings sglI
prove 10 your ul satisfaction that hO has in good itb
taken the oath and brought himself within tho con.
dtions Of pardon and amnesty set forth u the psc'ans
ton III in any you have good reason TO believe
that the oah has been taken for the mere purpose III o
tQung possession az personal property seized under
the Conscaion acts with intent 10 remove 1t rom tho
subsequent reach OF the ofhcers oil mo law" yon VII
make report OF the facts and reasons for yo.r belief 10
this office before disseminating the proceedings OF re
storing such property TO the possession Of the owner
Fugtyes undcr the 9Th section OF the act ~ Jay H.
1901. chapter 3. not Of the class reached by the
Presidents Proclamation: for under TINT act The
question whether the property seIrd Is subject 70
forfeiture depends upon the predicamcnt OF the property
itself and upon TIE personal guilt or nnooenoe ~
the owner In this respect. forielufes under that dci
have more resemblance 10 eases OF prizes OF war cap
tured az sea onemys property than 70 proceedings
under the act Of August lsol, aud JAY, leu. Suoh
fgieitgros are pgnshcI not much 10 punish The
owue- for dsloyil acts to prohibit commercial inter
course am weaken the pubNc enemy when are always
efficient instruments and legitimate effects ofwar.
Bat although the rcEs or inrciiures under the
aet OF July 1901 tus not within tho scope Of The
Proclamation OF Pardon still ample power IS conferred
or the Secretary of the Treasury by the eth Section ~
that nct 10 mitigate remit all orfetures and penal
tcs Incurred uuer the act And IL is not 10 be doubted
that In all proper under that act vhcr5 the owner
Of the property residing in the Territory Of the Re
lsllion complies with the condition oI the fToctaina-
tgu lie Secretary Of the Treasury VIII exercise the
power az remission Of such forfeiture in the some spirit
Of g.su.ne ioYbearance and beraliiy which inspired
anu vnGr acteTized the Proclamation.
Very respectfully &C.,
TITAN c.. CoEfRY. Acting Attorney.CcneraL