New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-31
IMPORTANT OPINION.
EAs Law CONCERNING Preclamations Of
Amnesty.
WAsHNGIos, Monday. May 2, 10


lttorney-Goneral Speed has given an elabor'
fss opinion in response President Johnsons letter oil
tas 2lst Of April last
he argues that the rgh, end power of the President
b pardon and 90 Issue any Proclamation Of Amnesty
sss derived from the clauses in tie Constitution AM
=. cots Of Cor rress which ho Quotes.s
The high and necessary power Of extending pardon
End amnesty can never be Tghtrly exercised so as TO
t-.bls the President 70 say TO offenders against the
Er Il oder you free pardon for The past or az
srr future dav when YOU shall from bsiHe6 hopes or
after being foed in dangerous and bloody enterprises
think proper 10 accept. VIII give you pardon for
Cbethe1 past
b for mercy not for justice lie proceeds 20 consider
fAe questions prOpounded by President johnson in the
Rrooxmations dated respectively the ST. of December
Is5a and the 26th OF March 1864. commonly caleb the
Amnesty Proc,smatiODs.
No doubt. hs says. many person, did, between those
periods take the oath who could no. have done had
te original Proclamation LINED the exceptions set
Eorh in the second What the right Of those who took
t8s oath in that intermediate space Of time and who
ySCd not have taen tint Of 26l of March ls6i pure
II judicial question.
Tie facts In such cases are accomplished and the
tights arising out Of those facts have attached ana be-
IcBe vested
The Attorney General. after considering the proper
operation aud effect Of the procamatons comes TO the
t~nclusion that the proclamation should DC Issued
teih and to comply with the terms under which they
nIo obtain firm legal rights Ii is especisly 10 those
Eho have heretofore ana "Oalc now avail themselves
b good faith of the benefits Of pardon AM smneSy that
Irother proclamation should be substituted. covering
BE psst- Persons who have been constantly en-
Usged in tie Rebellion should know distinctly what
hey to do. when and how taey . do H. to free
themselves from punishment in whole or IL part or 10
rrinstate themselves as before the Rebellion.
Sach a. have been affected merely by their treason
cbe associations should be forgiven. aid spp,Opri
E,s condition should be appended 10 The pardon OF
Rsry. The grace and favor Of the Government should
now be large and generous, and the operations aDG ~
fect Of its proered mercy should not be left uncertain
fss measure 10 aid ia the oppression o. the late he
tsion the late proclamation las done It's iul anc COM
Iiets office.
Now one is desired to aid IN restoring order and
cvo-gariIng society u the rebcliout States Recon
utracton Is not needed. Tuat word conveys an erro'
neous idea The construction Of this GOV eTIent Is as
perfect human wisdom ear make II. ms tlial 10
hich It's powers and capacity have been subjected IN
Ibis effort Of revolution and dlsmeuOci ment proves
With what wisdom its foundations nave been lald.
Ours the task to prove principles and powers clearly
had well defined and that have carried safely through
past troubles. Ours is Mt Gny 10 reconstruct or
10 enange Society in the hebel States las 10: been
md il not now in a normal condition nor in harmony
G1th the principles Of orr Government. That society
has rebeed against them and made upon the priu'
eples and powers of our Government IN so doing II
Las offended and stands convicted eaprti mercy
Eust be largely extended.
ZONE Of the great leaders and offenders must be made
r. feel the extreme rCOr a the law, not IN spirit Of
ksvenge but to put the sea. OF namy upon their con.
krot But the extended 10 the great mass OF the
misguided people ard should be used As 10 reor
Esnize society upon loyal end freedOmo'lng bass.
Ei Ia malifesty for their good and The good OF man
kind. that this should be done. The power Of
pardon and mercy is inadequate 10 this end.
Such condition precedent and subseqnen, can legally
end properly be appended as WI root cn1 the sp.r OF
Rebellion and bring society in those States in Psrieci
Bocord with the wise and thcr0ng tried principles Of
tsed, peace viii lie established upon sure and peIna'
kAnt basis