The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1865-06-09
Decision of the Attorney General.
Washington, Nav 80


Attorney General Speed has given an
elaborate opinion in reference to PIesi-
dent Johngon's letter Of the 2lst Of April
last, He argues that the right and power
Of the President to pardon and to isyue
any proclamation of amnesty are derived
from clauses in the constitution aud the
act of Congress which he quotes. The
high and necessary power Of extending
pardon and amnesty can Dever be right
fully exercised so AS TO enable the Presi-
dent to say to offenders against lay, Il
now offer you free pardon for the past,
as at any future day, when you shall from
baffled hopes, and after being foiled in
dangerous and bloody enterprises, aud
think proper to accept, will give you
pardon for the then past" When men
have offended against the law their appea!
is for mercy, not for justice.
lie proceeds to consider the question
propounded by President johnson in the
proclamations dated respectfully the S;h
Of December, 1868, and 26!h Of March,
1864, commonly called the amnesty proc
lamations. "No doubt" he says, many
persons did, between these periods, lake
the oath, who could have done so, could
the original proclamation have continued.
Exceptions set forth in %, what the
rights Of those who took the oath in that
Intermediate space Of time, and who could
have taken the 26th Of March, 1864, is
purely a judicial question. The facts in
such cases are accomplished and rights
arising cut Of those facts have attached and
| become vested
The Attorney General after considering
the proper operation and effect OF the
proclamation, comes to the conclusion that
another proclamation should he issued
Persons, be says should not be invited 10
take an oath and to comply with terms
under which they cannot obtain firm legal
rights. 1t is especially to those who have
heretofore and would now avail themselve s
in good faith of the benefits of pardon
and amnesty that another proclamation
should be substituted, covering the now
past. Persons who have been constantly
engaged 10 the rebellion should know dis
tinctly wha. they are to do, and when and
how they are to do it. to free themselves
from punishment in whole or in part,
Such as have been affected merely by
their reasonable associations should be
forgiven, and an appropriate condition
should be appended to the pardon of
many. The grace Of the government
should now be large aud generous, and the
operations and effects of its protfered mer
cy should not be left uncertain.
As measure to aid in the suppression
OF the ate rebellion, the late proclamation
has done It's full and complete office. and
new oho Is nov wanted TO aid in restor
ing order and recognizing society in the
rebellous States. Reconstruction is no:
needed. That word conveys an erroneous
idea, the construction Of this government
is as perfect as human wisdom can make
1t. The trial TO which it's powers and
capacity have been subjected in this effort
OF revolution and di5meu berment, is the
test to prove principles, and powers clear
y and we'll defined, and that have carried
us safely through orr past troubles
Ours Is not duty to reconstruct, or to
change. Society in rebel states, has not
been and Ia not now, in a normal condi-
ton, nor in harmony with the principles
! of our government. Tha. society has re-.
belled against them and made war upon
! principles and powers Of our government
10 so doing, it has offended and stands a
convicted Gull rit. Mercy must be largely
extended Some of the great leaders and
offenders must be made to feel the extreme
rigor of the law, not in a spirit e revenge.
but to put the seal Of infamy upon their
conduct. But the mercy extended 20 tie
great mass Of misguided people. can and
shall be so used, As to recognize society
upon Loyal and freedom loving basis:
1t is manifestly for their good, ard the
| good of mankind that this should be done
The power ofpardon and mercy is ade-
quate to this end Such conditions pre>
cedent and subsequent, can legally and
properly be appended as will root out tie
spiri: Of rebellion and bring society in
those states in perfect accord with The
wise and thoroughly tried principles of
our government. If this power of par,
don is wise y used, peace will be establish
go upon sure and permanent basis.