The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1864-02-27


States District Attorneys:
SR: Many persons against whom
criminal indictments, or against whose
property proceedings under the confis-
cation laws are pending IN the courts Of
the United States, growing ont Of the
participation Of such persons in the ex-
isting rebellion, have, ia good faith t..
ken the oath prescribed BY the procla-
nation 81 the President Of 9Th Of Deem
Der. 1868, and have, therefore, entitled
themselves 10 the full pardon, and res
torstion Of 81 rights of property, sx-
cept IS TO slaves, and where rights Of
third parties have inleEyened, which that
proclamation offers and secures.
The Presidents pardon of q person
guilty Of acts Of rebellion will, Of course,
relieve that person frsm the penalties
incurred by bis crime, and, where 81
indictment Is pending against him there
for, the production OF TIE pardon signed
By the President, or Of satisfactory evil
denee that he ass complied with the
conditions on which the pardon is offered
CT he be not Of the class excepted from
the benefits Of the proclamation viii
DC 3 sufficient reason for disseminating
such criminal proceedings, and discbarg-
Ing him from custody therein.
Nor is il less doubtful that 3 bona hde
acceptance Of the terms Of the Presi-
dents proclamation, BIZ persons guilty
of acts Of rebellion, aud not of TIE ex-
cepted class, secure TO such pesons q
restoration Of al the rights except a.
TO slaves, and what the rights CT third
parties shall have interviewed, notWith-
standing such property may, by reason
Of these acts Of rebellion, have been sub
jet to con6scstiOn under the provision
OF the confscstion sets Of 9th August,
1861, chap. GO, and 18th July 1862, char
1876. For, without adVerting to any other
source 81 power In the President 10 re-
store OF protect their rights Of property,
the 18th section Of the act of I7eh Of
July, 1862 aUlhOrises the President at
any TINE thereafter, by proelams ton, 10
extend to persons who may have par
ticipated in the existing rebellion, in any
State or part thereof pardon and smnes-
y. with such exceptions, and st such
times, and on such conditions as he NAV
deem expedient for the public welfare.
twill hardly be questioned, Isupposp.
that the purpose Of this section inserted
in law mainly intended te reach the
property Of persons engaged in rebellion.
was to invest the President with fuIi
power to relieve such persons, on such
oOnditiOnsa IS he should prescribe. from
the penalty Of loss Of their property by
eonhscation. Although the proceedines
fer oonfscation under the acts of August
9, 1861, and July II, 1862, are in rem,
against the property seized, yet under
both acts the ground of condemnation
Is the personal guilt Of tho owner in aid
ing the rebellion. By the pardon aud am
nesty not only is the punishment of that
personal guilt RENTED, bat the offence
itselfis changed, that being the special
effect Of an act Of amnesty by the Gov
eminent OfcOurse il srrests snd puis an
end to all penal proceedings founded
thereon whether they touch Tie persons
or the property Of the offender.
There is therefore, no case Of judicial
proceedings to enforce the penalties of
acts Of rebellion which cannot be reached
and cured by the constitutional or
statutory power Of the President TO grant
pardon and amnesty, whether those pro.
oeediugs be against the person Of the of
fender by criminal Indictment, or against
his property under the confseation acts
referred TO.
The President has, accordingly, di-
rscted me to instruct you that in any
case where proceedings have been com
menced and are pending and undsier-
mined in the District or Circuit Court of /
the United States for your district
against 8 person charged with acts of
rebellion, and not Of the excepted class,
whether they be by indictment or by
seizure and libel Of his property for con-
6scstion, (the rights Of other parties net
interveDed,) goa VIII discontinue and |
put an end to these pr0cee diBgs, when |
ever the person so charged shall produce |
evidence satisfactory to you that be has,
in good faith, taken the oath and COM |
piled with the conditions prescribed by |
the Presidents proclamation Of the 9th !
December, 1868. Nor is il necessary |
that the evidence which be produces
should be 3 deed Of pardon, signed By |
the President Il would be quite impos-
sible for the President 10 furnish the
multitude who are now awaiting them
selves of the benefits Of the proelsma-
ton, and who are likely 20 do 50 here
after, with this formal evidence Of par
don. 1t will be sufficient to Justify
your action If the party seeking to be /
relieved from further proceedings shall |
prove 10 your full satisfaction that be
has, in good faith, taken the oath, aud /
brought himself within the conditions of i
pardon and amnesty set forth in the pro-
clamation.
II, in any case, you have good reason
to believe that the oath has been taken
for the mere purpose Of Obtsing the pos
session of personal property seized un-
der the confscation acts, with intent 10
remove it from the subsequent reach of
the officers Of the Law, you will make re-
port of the facts aud reasons for your
belief ct this Office before disseminating
the proceedings or restoring such prop
erty 10 the possession Of tho owner.
The fugitives, under the fifth section
ofithe set of 18th July, 1861, chap. 3, are
not Of the class reached by the Presi-
dents proclamation, for, under that act,
the question whether the property seized
ss subject to forfeiture depends upon the
of the property itself, and
not upon the personal guilt or innocence
Of Its owner. In this respect foyfsituree
under that act have more resemblance to
cases Of prize Of war captured 81 sea Is
enemy's property than 10 proceedings
under the acts Of August 1861, and
July, 1862. Such fOrfeituIes are en-
forced not so much to punish the owner
for disloyal acts IS TO prohibit CONNER
eisl intercourse and to weaken the pub
lie enemy, which are always efficient in
ssruments and legilimAte effects Of pub
lie war. Bat although the remission of
forfeiiures under The act Of July, 1861,
are thus not within the scope of the pro-
clamation Of pardon, sin ample power
is conferred on the Secretary Of the
Treasury, by the eighth section Of that
set, 70 mitigate CT remit all fgrfeitures
md penalties incurred under the act.
Aud It is not to be doubted that, in all
proper cases under that set where the
owner Of che property, residing in the
territory in rebellion, complies with the
conditions Of the proclamation, the Sec
rotary Of the Treasury will-exercise the
power Of remission Of such forfeiture in