The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-07-09

the great military cbeftan of the rebellion should be
arragned ON indictment for treason specifying the
overt act wagng against the United States in she
year Of our Lord 1861 that he tried convicted and
that he Is then pardoned Would he be liable, after
wards TO Indictment trial and conviction separately for
every one OF the battles which, through three succeed
ing years he conducted against the United Statesf
Surely this woald he lnadmissble and monstrous He
may have been long guilty, but ms guilt continuous
not frequent II the with multiludes Of inferior
Offenders No enlightened or liberal mind entertain
thc opinion That man one hundred days in rebellion 10,
thereby guilty OF one hundred acts Of treason and
sequeny, liable to hundred prosecutions The oom-
mon sense OF mankind, uniniuenced by passion rev0ts
at the suggestion and law, reposing sound sense,
never shscks or outrages IT,
The constitut on power OF the President 10 grant par
dOns is, with single exception, unlimited Who then,
shall assume TO impose limitations this unlimited
powcrf Clearly Congress invade and this
Executive prerugative Can the Judiciary by defining
limit h II Is needless 10 discass this latter pont II has
not arisen and perhaps, mover VAL Clearly, pardonH
arc valid before cou, tion before ndictmen and even
after punishment inflicted. pardonto many inte0ts-
may be granted and valid TO purity guilty Of no crime;
may ruic and even wisely operate to protect from vex
atous prosecui and expense where Lhe party Is guilt
less, where one but suspected Though generally
granted 10 inusiaus nr sp"1inc , ON nocs parsons
nations illustrate, and as the times and acts Of
your predecessor and yourself emincntly dsmonsrae
On snbjeclsas friuds-the law prudonty absainS
from q hxcd inlexbie dcGnition. II may be moro
necessary that the power Of pardon the great and mild
instrument of cemency in government should re-
main as IL stands unlimited by technical restrictions;
they may be adopted in hour Of present passion or
excitement and prove to be mschevous IN the future
Other times and oxgencics in the lie Of the nation,
may require Of the gov tho most liberal and
restricted exercise OF that gentle and cicacous prcroGa
tive. Its future efficacy may be seriously impaired oy
needless present restrictions IL seems tn rcioro 70 DO
unwse and dangerous TO adopt restrictive, instead Of
LIBERAL construction Of this Divine attribute OF mercy
But whatever may b., II any, the limit Of tho Execu-
tive power Of PARDON 1t should not be questioned that
the joint efficacy OF Congressional and Executive
thority s fully adequate TO impart indefccsbe validity
10 the par0as in question. And President Lincoln, ~
appears on the face Of his procamationhat which, 70
the world and to rebels expounded and administered
by United States officers specially charged therewithin
virtue Of Congress onal we'll Executive authority,
proclas pardon and amnesty TO all rebels not expressly
excluded, who accept the terms rendered aud faithfully
observe the The national faith Is, therefore, most
ccpting the terms No human cunning can and no
prejudice should gansay disparage the vested rights
thus acquired the sacred faith Of the United staos
When consider the number OF persons in ViYginia
not less than and probably exceeding, ten thousand,
who have fairly and Justly acquired the right OF pardon
under President Lncons proclamation prior 70 the 10th
Of May, 1865; when consider, moreover that these
people exhorted by United States officers through
official orders regularly promulgated in this city and
elsewhere in the state W forward and accept the
expense and labor involved the rcpudation Of these
and the procurement OF other pardons, the moro
willing constrained to interposc advice in favor
Of an early Executive recognition OF the validity and
ell acy Of such pardons
In conclusion trust your exccliency. win matureiy
ponder the subject in all its aspects May you find my
conclusions fortified by and humanity and conso
nant with sound policy and recognize the former
ncsy as founded the sacrod and nvi0labc faith OF
our great and magnanmous nation May history record
Of that you upheld the plghted faith OF your 60
vernment TO its most dangerous enemies, and de
monstraicd that sacred faith converted enemies into
'"'''' al" very respectfully 'fSTa 4 iFiiERrolsr.