The sun. [volume] (New York [N.Y.]) 1833-1916, 1865-09-28
c-..,,o, N 70 the scope Of m Excessive
Spc Pardon.

..,c, ,sp, for judicial decision b iffely 70
.a,, - N regard 70 the exact status Of hess per
an. in An, South who have received the Executive
,.,lon TIE question will be whethsr this seton
=, An. pre.dsnt amounts 70 . total and unquslheo
.h.o,,u n for sins incident 10 Abe rebellion, or
~be,,,.r 4. 10 limited ,o mere assurance OF per-
.or.l and peounisry safety. A pardon, In the
ordinary .,cspsatop Of he word, means he can
,,,.uon Of an offence end when used With re-
ference 70 penalty, means remission, forgiveness.
Il 10 difscult 70 Sc how the psrdons granted oy
the 7. ssidon, can be held TO mean snythiag less
than is understood by this general dehnition. and
yet n they really 60 % far - that how can he
p.rdoned be prevented from taking thnr seats In
Consres, BY virtue Of the Nsi-osthi The oath very
explicitly declares thas no person, who has given
'sid, encouragement or oountsnanoe' 70 ths rsbsl.
lion, shall be eligible 70 seat In Congress- This
implies disability resulting from offences which
che President according 70 the liberal in,erpio,s-
tion q the pardon, has cancelled and snnuled.
For instance, supposs that reclaimed State shall
elect 70 Congress one Of that class whom The Pres
den, has ofncislly psrdoned- His credentials
being found correct be u required 70 take the said
oath - anal condition Of his admission. THIS
he In disquslfed fot In consequence Of ssving
given Encouragement and couniensncs" 70 The
rebellion, but he presents instead. the Prssidsnrs
pardon. witch oc'slly sbsol'es hi. from the crime
Of giving the said encouragement and coun.s-
NANCE Hercis plainly hitch between The Execu-
tive and tho L. Nstve branches Of the Government
provided a. we said bsfors, that the pardon 10 TO
b literally interpreted. And how can II bs other.
wise, Ht is intended only 70 protect The person
OF the individual receiving H. why 10 n necessary
for Generals LEA BxAuHreArD, EARLr, Conn,
HAxrros and other rebel officers, 70 make such
spphcstionf The terms upon which they surrsn-
dersd gives tsm oil the assurance Of personal pro-
lection that The President can grant to them, and II
the pardon II . mere rsassurancs Of such protsc.
zion, what IL u WORTH 30 FAR - We oaa Judge II
seems evident that The President means 70 rsssors
70 the psrdonsd the severn, rights and inmunHio'
under ths 0ovsrnmsns wheh they for.
fstsd BY the set Of treason, and - this 10 i'm
possible % long - The Congressional tess-osth Il
operative either the pardon or the oath rnuss no
sesssrily b, practically dead lsstsr We observe
shsi case 10 now before ne United States Court In
Aisxsndris, Virginia, which may lead W legA
ssss Of the extent 70 which the President pardo,
reaches. AlAwyer who hsd been pardonsd dss;r
I'd 70 prsctcs In said court hui refused V take III
s.sh, on the ground that he was sbsoivsd from Al
eolitcal disability By virtue Of the said pardon
The dscisou Of the cour, has no, yet appeared, bu
Il quite probable that appeal will be taken b,
one side or the other, which will bring The matte
before The Supreme Court. Tho question 10 an I'm
portant one, and I've solution win be interesting
Ihs general public, - well - W thoss directly q