Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1865-07-08
The imnrstY Proclamation.

columns, excited much discussion and no
liitle of that surprise and Disappointment
which VIC learn by the telegraph were the
prevaleut feelings in The North, on its first
appearance there. Its spirit and provisions
are certainly much moro "stringcnt than
those of the late Presidents proclamation,
though practically many Of its apparently
severe and oneraus provisions may be rem
dcred null or nodded by events whi,h will
shortly follow.
The amnesty now offered differs from that
rendered by President Lincoln in Decembe,
1868 and March 1864, in the following par
ticulars:
/. excludes from pres en- pardon much
larger number of persons than were eScsud-
ed by President Lincoln.
.. It makes very essential and imboTtant
changes in the words of the amnesty oath.
That prescribed by President Lincoln an.
noxcd to the obligations to abide by and
faithfully support all laws and procl&ma-
lions VIII ch have been made durnf the eE-
istug rebellion in reference to the emancl-
patton of slaves the cond tions, "Until such
laws and proclamhtions shall be repealed
BY act of Congress, aud declared unconsIi-
tutionnl Jy the Supreme Court ofthc United
States President Johnson makes no res
yation. but i.asmach as the preceding por.
ton of the oath bials tho jurors to faith
fully defend the Constitution Of he United
States" if eny law or proclamation was re-
pealed by Congress, or declared UncoEsii-
tntional by the Judiciary, the letter and
spirit of tho oath would forbid lin from
abiding by aud faithfully supporting such
law or proclaim ton Until such repeal
or judicial decision ho IL bound by his oath
to render his support to all the laws aud
proclamatious referred to. Auy other in
terpretaliou would place the PTcsIden. above
and superior to the Constitution ami laws,
which we cannot believe WAS intended by
President johnson.
1. Another rather severe and onerous
condition imposed by tbs new amnesty, is
that which excludes all persons against
whom legal proceedings, under the laws OF
the United States, providing for the coniis-
cation Of property ofpersons engaged in re-
helion, have been instituted.
Under the proclamation of President
Lincoln, the amnesty oath has been admit
ted, as a bar to legal proceedings for con-
fiscation. Many such suits have been dis
missed. and the Iarties amnested havo
as we'll rs TO all their other civil rights
These parties will not be disturbed in their
rights, having a ,ccptod the terms and Sc
cured the benefits offered by Presi lent Lin
coin; but those who did not avail them
selves Of the terms offered by the former,
and against whom proceedings have been
instituted for coufiscation are excepted fro n
pardon, by President J ohnson, even if they
are not included in any one Of the fourteen
classes of persons excepted.
Those parties may be relieved by any ono
OF the Following remedies:
|. The repeal by Congress Of The ronii5-
cation act.
Q. The decision of the SupromH Court
against the consttutionality OF that act.
8. An appeal to the clemcncy cf the EN-
ecutiyc. which, we are assured, will DO as
'lberally extended as may be consistent
with tho facts Of tho case and the dignity of
the United States"
The several other classes excepted from
pardon are so clearly stated in this procla-
nation as to render further description and
explanation unnecessary.
There is one clause, however, which is
variously understood and interpreted, and
which perhaps includes larger number Of
the excluded than all the others. It is tho
18th class.
All persons who at tho time when they
seek to obtain the benefit S hereof, by taking
the oath herein prescribed, are in military
naval, or civil confinement or custody, or
under bond Of military or naval authorities
or agents Of the United States, asiprisoners
of war, or persons detained for offences OF
auyskind, either before or after conviction.
This applies to all paroled prisoners
There was similar provision III President
Lincolns proclamation. Such parties were
regarded as under duross, AMI therefore not
auafitied to take an oath which was requir-
ed to he taken Voluntarily and without re-
straint.
But when these parties arc released from
their parole and Obligations by the declara-
tion of peace, they will no longer be exclu-
ded. The newspapers inform US that Pres
ident johnson will issue such dec aration of
peace in a few days Ii he does not, and
the existence of peace being fact, may it
not be competent for the military authori-
ties to recognize aud declare such fact2
MAY not Gen. Candy, for example, who
accepted and required such paroles, pro-
elaim their termination and nullity, and
consequences of said obligation When he
or the President so declares, there will be
no mpediment to all persons res ing under
such obligation availing themselves Of this
amnesty.
In regard TO the other excepted parties,
We commend to them the exercise OF pa
ticnce, moderation and prudence. There
are other modes by which they may be res
stored to all their rights than through the
Executive pardon. If they have not been
excluded from such rights b. the Constitu-
tion Of the State of which they nay be citi-
zens, they cannot be deprived Of the same
BY the Presidents proclamation. The only
eff CT Of thai document is TO control the ey-
ecutive officers of hesGOverument, in di-
recting aud authorizing H0tls GrOsrQEis
against certain persons, leaving it to their
discretion and sense Of daiy 10 prosecute
the ether parties excepted from pardon
What if these officers should not pursue
these parties criminally, or should be uns-
be to obtain conviction o. thor, OF, II
5bt3iriHe sreh c1n~icfil-- tls ps1fify IRE