New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-06-02
AN IMPORTANT OPINION.
The Law Conserving Ammcsties-Ce
ssruction Of tho Several Prociawstiops
Tho Leaders Hhonld be Punished.

Tho Leaders Hhonld be Punished.
ATTORNEY GENERALS OrYiCE, May ], 1865
n the Presdeat.
SIR. have the honor 10 acknowledge the receipt OF
your letter OF April Il, 1868
BY the Constitution OF the United > ates, ga oI'''
pec chap ~ the Presden. is vested with tie power
DO grant ropreves and pardOns for oenscs against 'c
United States. except cases OF impeachment .,
BY the 18th section OF tie act 81 Congiess eh,iS.
TO suppress irsnrree'2n 20 pT ,as tbs pres
Gent 10 authorized atany time hereafter py
don TO exend 10 persons who may rave pal!ichi 80
tntho existing Rebellion in any Sfete or paI ". cb
asrdon and amnesty with such exceptions ana u, sc
bme and 90 such conditions. "a he nay deem
br the public welfare. -, sou and
The night and power OF the Presdenl 20 p,ed from
Issue any proclamation OF amnesty arc aeri.su ,ron
the clauses the Constitution and the ACT u
Nv Tho CONSTITUTION and the act of Congress, the
sower 10 pardon in individual cases, and tne power %
extending by proclamation. amnestIto enssts u ~
lfyiduals are solely III the hands oi tne iies'le,-
- therefore needless TO discuss the question wbetor
e.. ac r CONGRESS WINS necessary In order 10 enable
Che President lawfully to issue proclamation Oh par
~ The n"wer Of exercising and extending mercy re-
des In some department, OF every weioTdcred Govern
neut When order and peace reign ITS exercise Is
FREQUENT and It's influence valuable It's influence IL oil
vane pesiinabe at the termination oil an insurreeon
~ nd AS the which IN our country Is Just
Being suppressed. Its appropriate office is TO soobe
And heal not To keep alive irrtae IebeiO15 anu
naic nant passions that induced pIeciptaed and sns.
tanned the Instruction. THIS power 10 scoihe ana neal
appropriately vested in the Executive department. OF
The Gov eminent, whose duty II Is to recognize ana de-
eare the existence Of nsurrecton t. suppress II o
force and 70 proclaim ats suppression IN OrCef ieh
Shat this benign power Of The Government should nc,
Sonpsh the objects for which II was given, the extent
and limits of tie power should he clearly understood
Therefore before proceeding to answer tho questions
eropounded in letter. IL would seem 10 be enlnet
propor TO state some 81 the obvious principles upon
Which the power to grant ParoDs and amnesty rests
and deduce iron those principles the limitations Of theI
Inc words amnesty and pardon have usnal and
weil.understood meaning. Neither is defined IN any
Get Of Congress- the latter not used In 'he Vohsu
tiOn.
pardon is the remission Of guilt; an amnesty is an
Get OF oblivion or forgetiulness
Thcy are acts OF sovereign mercy aud grace flowing
rom the appropriate organ OF the Government.
There can be pardon where there IS No actual or
imputed guilt. The acceptance of pardon 10 the CON
sson Of guilt or of Tue sSi i sS II f s,4' ' ''
pardon my be absolute aud complete. or II
nav be conditional and partial Inc whole pen
al,y denounced BY the law against an offender NAY DE
forgiven OF much of it only as may seem e1pedent
The power pardon is not exhausted by lis partial use
A part Of tie penalty may be forgiven now ana NJ a
future time another part and 80 ON III the whole IS Tor
given. This power may be so used as 10 place The
offender upon trial and probation To his SDod faith
and purposes. ;,
r pardon NAV I've upon conditions and those condi-
lions may be precedent or Sub equent-
The conditions however. appended 10 pardon cam
BOT be immoral Illegal or inconsistent with the par
lon. f-.
If a condition precedent annexed TO pardon be
immoral that the person In whose favor 1t i-issued
should speak the truth; OF Illegal rs mat he
shoud comw't murder; or Inconsistent with the par
Aon az that 10 should never eat sleep, tie par don
would never attach OF be Of avail On the Other band
those conditions suosequont-thot H. il 1t
declared that the pardon should he void II the party
ever spoke the trutl if be did not commit murder
or IL he should eat sieeptle pardon would atiaci
and be valid, and the condition void aA9 OF no effect
condition Subsequent is broken the offender ooulc
be tried and pnnisred for the original ofense Th'
breach az the condition would mske the pardon void
Any conditions, precedent or subsequent, mag, there
fore, be appended that are not immoral Illegal. q
Inconsistent with the pardon. This great and sove
reign power OF mercy never be used az cover 10
Immoral or Illegal conduct
Ass pirdon presnpposes that an ofcnse has bee
committed. and acts upon the past. the power
grant never can be exerted as an immunity or hcehs
Sbr future misding.
pardon proc ured Ivy fraud or for fraudulent PM
pose npcn the suppression Of the trnfh the suggei
bon Of falsohood is void. 1t is deed Of mercy give
without otter fee or reward than the good faith rui
and repentance Of cnlprit. On The other hand a
an act of grace freely given, when obtained withon
sehocd fraud ami for fra dnent use, IL should D
6beraly construed in favor OF the nantofendcr.
promise to pardon is pardon. aud may at an,
Sine be Withdrawn. but pardon may be offered ant
Che offer kept open and thns be cotfnving' 60 va,
lay After the paron has been accepted II becomes
valid net, aud tue person receiving it rs entitled !" al
- benefits.
that an offer Of pardon be construed as license or in
Augenee 10 commit confirming or future ofenses or p,
giving immunity ron tie consequences of such Of
Afer the offender shall Dave received notice Of THE
s6er or afler reasonable time shall have elaistt
within which he mast be presumed 10 have receives
notice OF the offer he canhet continue hi ~ doing and
Shen accept and iey upon the ocJ o! laIdcn q an n
iemny again,t hat he did before. aLd also what L'
Cd after notice Such construciO Of the lsrdoninl
power would virtually IL INFO power 10 LICENSE
crime.
and amnesty be rghtfully exercised 30 -
enable tine President 10 say to offenders aganst f5'
law Il offer you free p9rdon for the past; or a
after being foed in dangerous and bloody enterprises
think proper to accept, viii give you pardon Tor h'
When men have offended against the law their sp
peal is for mercy, not for justice. In this country ont
nnder this Government, y.olators OF The lev have OF
Tended against law Of their own making out Of tbe
own mouths they are cOademned-cODVcted by tti
own judgments-and, under law Of their own making
they cannot appear before the seat Of mercy aud AFRO
gan,ly claim the flbilinent Of promise Of pardoi
which they have refused ana d.fod.
The excellence CT mercy and charity ID nationf
trouble ike ought not 10 be underYlued. Sucl
feelings should d. fOndly cherished and sindoutly cult
vsted. when brought into action they should be gen
sreusly but wisely INDUCED Like al the ,Tesi.
ssry. and use,sl powers IN nature or ID gofeTnnent
harm may come ol thcr improYldeut use. and peril.
which seen passed may be renewed and other and
dangers be prec pitated. Dg TOO extended thongbt
less OF unwse klnlness, The man o. the gosernmett
may warm into HE an edder that will reqgite thai Kind
zess BY a fatal sing from poisonous fang.
Keeping IN view these obvious and Fundamental pin.
eples taat fix and limit the powers Of pardon aud an
Aesy aDder Tie Constitution and the law Vii proceed
30 consider the questions pfopOuDded by lou tho
procln nations dated spectivcy tie 9Th day Of DE
senber 1863 and the 26tn day Of March. 1854, com
monty called the amnesty proeianations.
You nsk my opinion, first as TO the proper c0nstruc
ton and effect Of those prcca nations npOn the ctzees
and residents OF Rebel States who have taken the OATH
81 amnesty prescribed therein
These two plociamatOns must be reod together an6
regarded az inhrgment. Ihat must AT least, Dc
CO. fiom the date OF the last proclamation, March 20
lel4. No doubt many persons did between The OH De
oember 1863 and goth March lob4, take The oath wbl