Evening star., 1865-05-30

TUESDAY,. MAY 80. lS6
North Carolina. in force Immediately oetor,
the 2oth day OF May, 1851, the date OF the 80
called ordinance of secession; and the sale
| convention, when convened, OF the Legislature
that may be thereafter assembled, will pre-
scrlee the qualification Of electors, and tn,
| eligibility OF persons to hold office under the
| Constitution and laws Of the State, q power
| OF the people Of the several States composing
the Federal Union have rightfully exercised
from the origin OF the Government to the pres
| ent time.
| And / do hereby direct:
First. That the military commander of the
| Department, and all officers and persons In
! the military and naval service, aid and assist
| the said Provisional Governor In carrying
into effect this proclamation, and they are en-
| joined 10 abstain from, in any way, hindering
impeding, or dIscouraging the loyal people
! from the organization Of q State Government,
as herein authorized.
| to put IN force all laws OF the United States,
| the administration whereof belongs to the
State Department, applicable to the geograph-
ical limits aforesaid.
proceed to nominate for appointment asses
| eors Of taxes and collectors of customs and
internal revenue, and such other officers of the
Treasury Department as are authorized by
law, and put in execution the revenue laws OF
the United States within the geographical
limits aforesaid. In making appointments, the
persons residing within the districts where
their respective duties are to be performed.
Bat, II suitable residents Of the districts shall
not be found, then persons residing in other
Fourth. That the Postmaster General pro-
ceed to establish post offices AMI post routes,
United States within the said State. giving
to loyal residents the preference Of appoint.
ment; but if suitable residents are not found,
then to appoint agents, &c, from other States
hn n dicfr n uI0of fort tho ,nhi ptal
district in which North Carolina is included
proceed TO hold courts within said State, in ac.
cordance with the provisions of the act of Con-
gress. The Attorney General will instruct
the proper officers to libel. and bring to judg-
ment, confiscation, and sale property subject
to confiscation, and enforce the administra-
tion Of justice within said State in all matters
within the cognizance and jurisdiction OF the
Federal courts.
.SizM That the Secretary of the Navy take
possession OF all public property belonging to
the Navy Department., within said geographi-
cal limits, and put in operation all acts Of
Congress ia relation to naval affairs having
application to the said State.
Sereah. That the Secretary of the Interior
put In force the laws relating to the Interior
Department, applicable to the geographical
limits aforesaid.
In testimony whereof, have hereunto set my
hand and caused the seal of the United States
to be affixed.
Done at the city of Washington. this twenty
ninth day Of May, in the year Of our
Lord one thousand eight hundred and
Isl sixty five. and OF the independence of
the United States the eighty ninth.
ANDREW JOHNSON.
w. H. SEWARD, Secretary of State.
OPINION OF ATTORNEY GENERAL SPEED.
ATTORNEY GENERALS OFFICE
To the President:
SIR: have the honor to acknowledge the
receipt Of your letter of the 2lst April, 1865.
By the Constitution of the United States I'D
art, Sec 2, cl. ID the President is vested with
the "power to grant reprieves and pardons for
cases Of impeachment"
By the 18th section Of the act OF Congress,
entitled "An act TO suppress insurrection, to
punish treason and rebellion, to seize and con-
hscate the property Of rebels, and for other pur.
poses" approved 18th July, 1862, "the Presi.
dent is authorized at any time hereafter by
proclamation, to extend to persons who may
have participated In the existing rebellion. in
with such exceptions, and at such time, and
on such conditions as he may deem expedlent
for the public welfare"
The right and power Of the President to
pardon, and to issue any proclamation OF
amnesty, are derived from the clauses in the
Constitution and the act of Congress as quoted
above.
BY the Constitution and the act OF Congress,
the power to pardon Ia individual cases, and
the power OF extending by proclamation am
nesty to classes Of individuals, are solely in
the hands of the President. 1t is, therefore,
needless to discuss the question whether the
actof Congress was necessary in order to enable
the President lawfully to Issue proclama.
tion Of pardon and amnesty.
The power OF exercising and extending mercy
resides In some department of every well.or
dered government. When order and peace
reign, It's exercise is frequent and its influence
valuable. Its influence is of value inestima-
BILE at the termination OF an instruction so
widespread as the one which in our country
is just being suppressed. Its appropriate Of
flee is TO soothe and heal, not to keep alive or
irritate the rebellious and malignant passions
that induced. precipitated and sustained the
lnsuTrecton. This power to soothe and heal
is appropriately vested in the Executive De-
partment OF the Government, whose duty 1t is
10 recognize and declare the exisrsnce OF an
ins direction, 10 suppress II by force, and to
proclaim its suppression. In order, then, that
this benign power Of the Government should
accomplish the objects for which it was given,
clearly understood. Therefore, before pro.
ceeding to answer the questions propounded
in your letter, il would seem to be eminently
proper to state some Of the obYions principles
upon which the power to grant pardons and
amnesty rests, and deduce from those prin-
ciples the Limitations OF thar power.
The words amnesty and pardon have as ual
and well-understood meaning. Neither is de-
fined in any act OF Congress-; the latter is not
used in the Constitution.
A pardon is q remission of guilt: an amnesty
is an act OF oblivion or forgetfuiness.
They are acts OF sovereign mercy and grace,
flowing from the appropriate organ Of the Gov
ernmenL
There can be no pardon where there is no
actual or imputed guilt The acceptance of
pardon is the confession of guilt, or Of the ex-
istence Of a state OF facts from which q iudg.
ment OF guilt would follow.
pardon may be absolute and complete, or it
may be conditional and partial. The whole
penalty denounced By tine law against an Of
fender nay be forgiven, or so much Of it only
as may seem expedient. The power to pardon
is not exhausted by its partial use. A part of
the penalty may be forgiven now, and at a fu.
ture time another part, and so on till the whole
is forgiven. This power may be so used as to
place the offender upon trial and probation as
TO his good faith and purposes.
pardon may be upon conditions, and those
conditions may be precedent or subsequent.
The conditions, however, appended to par
don cannot be immoral, Illegal, or inconsistent
with the pardon.
1t a condition precedent annexed to pardon
be immoral as that the person in whose favor
it issued, should never speak the truth; or ille-
gal, as that he should commit murders; or in.