The Indianapolis daily herald. [volume] (Indianapolis, Ind.) 1865-1868, 1865-11-24


INDIANA SENATE, Nov. -, 1860.
Mr.. PRESIDENT: The minority Of the CON-
mittec ON Federal Relations, being unable 10
concur in the report Of the majority Of said
Committee on the concurrent resolution offer
ell by the Senator from Union, respectfully
submit the following report:
For certain recited reasons the resolution
proposes that the General Assembly shall re-
quest the President q the United States 20
cause Jefferson Davis, late President of the
Confederate States. 10 be speedily tried before
a civil tribunal. for alleged treason. and, II
convicted thereof, TO be executed as prescribed
/ by law.
/ Ordinarily i'm our country, the conviction Of
crime by the judicial tribunals. precedes any
exercise Of the pardOning power; and with
/ the conviction that pertains 10 the ministerial
/ and judicial departments. the Executive de-
/ partment has nothing TO DO. But in eases of
insurrectiOn and rebellion. involving large pOr-
tiOns Of the people and Territory Of an entire
country. II Is not unfrequently the ease, that
the Legislative, Executive and Judicial de-
partments Of a legitimate government concur
IN declaring and adjudging great numbers of
citizens guilty Of high crimes and misdemean-
Ors, without the interpositiOn Of any Of the or
binary proceedings for formal conviction.
such eases have several times arisen in the his
tory Of our own country, and, during the last
five years. have been illustrated with unpreee-
dented energy and power. 1t was i'm view of
such emergencies that the trainers Of our
matchless Constitution conferred upon the
President Of the United States the great pre-
negatives specified in the first clause Of the Sec
Ond section Of the second article Of the COnsti-
tuition Of the United states, as follows:
"The President shall be Commander-in-
Chief Of the Army and Navy Of the United
states, and Of the Militia of the several States.
when called into the actual service Of the
United States. He may require the opinion in
writing Of the principal officer i'm each Of the
Executive Departments, upon any subject re-
lating 10 the duties Of their respective offices.
And he shall have power 10 grant reprieves
and pardons for Oiienses against the United
states. except in eases Of impeachment"
The power touching pardOns thus conferred
upon the President. never finds more appropri-
ate occasions for it, exercise. than after an
attempt by part Of the people To separate from
the established Government. The persons en-
gagged I'm such an attempt. i'm the judgment Of
the laws of the country. fall within the purview
Of the penal code; and they are liable TO an
swer with their lives to the offended majesty Of
the laws. Yet, In the judgment of all civilized
nations, such persons are denominated JOliti-
cal offenders. and. by reason Of their numbers
the strict execution Of the law upon them, in
diyidually. becomes impracticable and unad-
visable. The disposition 10 be made Of thcm
and the amount and kind Of punishment to be
meted out, become questions Of eXpediency and
craftsmanship, to be settled in very great
measure by the Executive and Political De
partments Of the Government.
When the inquiry arises, whether, in the
case of particular offender. clemency should
or should not DE exercised. the right. the duty
and responsibility for it, just determination,
rest upon the executive head of the nation. In
our judgment this great power i very wisely
concentrated. For its right exercise the Presi-
dent is answerable 10 the country. The con-
siderations either of fact. eXpe,liency states
manship. which sh puld control him in the
Of this extraordinary power, must be pre-
sumed to be fully understood and appreciated
by him. IL is the hope and expectation of the
country, that Andrew johnson, President of
the United States. understands his duty. and
that he will discharge it i'm conformity To the
we'll established requirements of christian
civilization. IL i no part Of the duty Of this
General Assembly to advise him. We cannot
deem il otherwise than indiscreet and imper-
tiEent 10 assume the existence Of such duty.
and 10 act upon IL, a. proposed in this case.
Upon the abstract question named. speedy
fair and impartial trial before a civil tribunal.
we take it there can be no difference of opinion
in this senate. And vet the departments
whose duty il is to determine the time. place
and necessity for such trial, il may We'll be be-
lieved, are very greatly embarrassed 10y the
numerous and conflicting considerations
which surround the subject. IL l. their duty
not ours. TO reconcile. il possible. these con-
sideratiOns 10 the attainment Of some definite
result, promOtiye of the public welfare. No
advice of ours, under the peculiar and extra
ordinary circumstances Of the ease. can control
them or enlighten them in the discharge of
their solemn Duties.
We. therefore. respectfully decline to concur
in the conclusions of the majority Of the Com
mittce. and recommend that the whole ques-
ton be- left 10 the wisdom of the President OF
the United states.