Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-02-22

January, q good number, and showing a
marked kindness for this country and its au :
thors.
THE AMNESTY PROGLAMATION.
The following is i circular letter of the law
department of the Administration to the Dis
trict Attorneys of the United States, explaining
The provisions OF the Pre>iden recent prucla-
NATION OF AMNESTY
ATTORNEY GENERALs OFFICE
"AsHINGToN. Feb. l9th, 1861
SIR MANY persons against whom criminal
indictments, on against whose property pro
ceeoings under the cUuiiscaI.on IaEs lr, pend-
Ing ~ the courts OF The Juited State, gro wing
out OF the participation of such persons in III /.
existing rebellion, have, IN good filth, taSsu
the oath prescribed by III. Proclamation OF he
PrrsIcsnt OF stu December, i-GS, aud have
therefore entitled them 20 rha fa,! pardon and
restoration OF al! rights II propt ritz, except as
slaves, and where rights 81 thIrd parties IN W
intersened, which that proc Iamalon offers and
secures.
The Presidents pardon OF IL person guilty OF
acts OF rebellion VIII Of cour-e reIitns,. that
person from the penalties incurred BY his
crime, and where an Indictment i psui,ng
against him therefor. the production OF lii.
pardon signed py the PIesideur, OF OF sa.is.av-
tory evidence that h. has complied with tue
conditions On W HIGH tire pardon Il offered, ~
ne bF not OF the Ci:lss capt. d from tn. bfup-
fits O, the proclamation will ne Il sufficient
reason Tor disseminating such criminal pro
ceedinss, aud GIschsrging him from custody
therein.
Nor is il less doubtful tha. Il bosa fI> accent
ance OF the terms az the Presidents progia;na-
tion- by persons guilty Of acts OF eDelIion, aud
not of the excepted class. VIII secur. to such
persons a restoration OF all rights or property,
except AS 10 slaves, and where the rights Of
third parties shall have interviewed notwith-
standing such property NAV, by reason OF
those acts OF rebellion, have been subject TO
confiscation under the pro visions OF the coufis-
cation acts of 9th Of August, 1861, chapter So.
.1td MI 1f,a
adyerting 10 any other source OF power in che
President TO restore protect their rights OF
property, the 18th section or the at or I7;h
July, 1e62, authorizes the President CT any
time thereafter, by procarnlt on. 10 extead t.
persons who may have participated IN tis ex-
listing rebellion III any State or part thereof.
pardon and amnestWswith such exceptions,
and at such tune, aud on such conditions ~
ne may deem expadieni Tor the public welfare.
1t will hardly De Questioned, | suppose, that
me purpose of this section inserteI III law
mainly inienCed 10 reach the property OF per-
sons engaged in rebellion. was TO YES. tie
President with full power TO relieve such per
sons, on sucn conditions as he should prrsrr ne
from the penalty u loss OF their property by
confscation.
Although the proc -edings rJr con iiz.1.foa
under the acts of August Is, 1885,, aud July j..
1852, are sp ron, again the property seixs vet
unueT both acts the grnuad OF coudam Ialu i
the personal guilt at tnc owner n aidiag the
rebellion. by the pardon snd amueoty, not
only is the punishment OF that peVs NAL gull.
RENTED, but the otf"nca itself is eta ed, that
being she special efscr II an act " amnesty by
the Government Or course il arrests and pms
I'll end 10 all lsnai rroce dings founded thers~
on, whet her they touch he pPrscus or ne prop
Erly tf the oteEG.r.
There s, iIeTefVJ-. ~ ease lf judicial rro.
c.edirgs 10 eni.re lite penalties OF acts OF
bSilicn, u hicn "a rot BE- Ieached and cured BY
tie oCusuutio Gal - statuary power OF the
Pr sittnt % sIartrard and amnesty, " beth
OF ihf pTCCeedI rs he againSt The person ut tie
CHER or ty IiIiii. nj itdicf Ineut, or agaIuSt
- 7 srt
TO.
Ire Pre>idcnt has accordingly directed une
to insfucI you tnnt. in any case TLegs pro
ceeGiuss have bteu commenced, and are pen !.
ing and undetermined IN tue District or CIR
cult Court of the United States for your dis
tr1ct, against Il person charged with acts Of
rebellion, and rot OF the excepted class whether
they be by indictment or nv seizure ADD itoei
OF Els properly tor conf;scatlon, tth- rights q
other parties not having inter veued,) y0u will
discontinue and put an end TO those proceed
irss. whenever the person so charged shall
produce ey deEce satisfactory 20 Won thai he
has, IN good faith, taken the oath and com
Piled wi the conditions prescribed by the
Preside nts proclamation Of cth December, 1888.
Nor 10 il necEs sary tbat the evidence which he
produces should he \ deed OF pardon signed
BY the President 1t would be quite impos-
eiSie for the President ~ furnish tbs multi.
tucss whC are now ayailing themselves of the
benefits OF the proclamation, and VINO ar like
Nv 10 do so hereafter, with This formal evidence
Of srdon. IL " iii b. snficl snt TO Justify your
action, II the party seeking 10 be relieved from
further pToCes dlngs shall prove II your ful
satisfaction that he has. in good faith, tassn
the oath 81 d brought himself within the con.
ditions OF pardon and amnesty set forth IN the
proclamation.
Ii, in any case, you have good reason to be-
lie We that the oath has been taken for the mere
purpose OF obtaining the possession OF personal
property seized under the contiscation acts.
with intent 10 remove 1t from the subsequent
reach OF the Ulcers Of the law, you will make
report OF the facts and reasons for your balitt
10 this office before dscon lin uiGg tha proceed
hes or restoring such property ~ the posses
zion OF the owner
Forhitures under the fifth section OF thu act
OF ian Ju'y 1851, chapter ,, are not OF the class
Teacheo ~ the Presidents proclamation, tor,
nhosr that act, the question whether the prop.
cry seized is subject To forfeiture depends oon
the procurement OF the property itself, and not
upon the personal guilt or inuoepuee Of ia
owner. In this respect, forfeiturss under III AZ
act have more resemblance TO cases of prizes
of war captured at sea as enemy. nr6nerfv
than TO proceedings under the acts 0: Anynss
] O., and July, le6a. Such sorfeiturss ara an,
3tcCsd, not 20 much TO punish The owner far
Aif q al acts "a 10 prohibit commercial later
ccsTse, and TO weaken the pubic -nelny. " hIsh
aFa always efficient instr nents and IL Sitimass
FGscta Of public war.
But although the remission OF forf.ituras
Tie scope Of the pro :iamstlo OF pa I'd on, still.
SIMPLE power Is conferred on the Sec Rotary Of
fhe Treasury By the S,h section OF IN s., act, to
n-.isste or remit All forieitures aud penalties
dof bted that in ell proper cases under tina act,
Ga.re the owner OF the property, residing in
fla territory IN rebellion, compIiee with the
q EditioDs OF the proclamation hat shs Secre-
Sary Of the Treasury will exercise the M ,rsr of
remission OF such forfeitures in the SANE shirt
q gems Yous forbearancs and ltbara,,,v M ,,.h
iUepired and characterizss the procI ANA Inn
Very respectfully, &c.
TITAN r. Corrsy.
Acting Attorney General
TO TIE L. 8. District Attorney a. -