Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-05-31
Attorney General Speeds Opinion
He Recommends Pardon and
Nuo,cy % SI,a Southern PeOnle.
Mercy 10 t1l

WAsHINGToN, May 3O.-Attorney General
Sneed has given an elaborate opinion in re-
sponse to President Johnson's letter OF the
2lst of April last. He argues that the right
and powerof the President to pardon ana
to issue any proclamation OF amnesty, are
derived from the clauses of the Constitution
and the act of Congress which he quotes.-
The high andrnecessary power OF eXte4a-
ing pardon and amnesty can never be right
fullV exercised so as to enable the President
to say to offenders against the law, Il now
offer YOU free pardon for the past; or at
any future day when you shall, from BAT
fled hopes or after being foiled in danger
Gus sand bloody enterprises, think proper to
accept, Twill give you pardon for the then
pastn When men have offended against
the law their appeal is for mercy, not for
| justice. 49,
He proceeds to consider the questions
propounded by President johnson in the
proclamations dated respectively, the sth
of December, 1868, and 26th of March, 1854,
commonly called 1.-THE Amnesty Proclama-
| tions." .1
| No doubt, he says, many persons did, be-
tween these periods, take the oath, who
could not have done so had the original
proclamation contained the exceptions set
| forth in the second. What are the rights OF
those who took the oath in that intermedi-
ate space of time, and who could not have
| taken the one of the 26th of March, 1854, is
purely judicial question. The facts in
such cases are accomplished, and the rights
| arising out of those facts have attached and
| become vested.
| The Attorney-General, after considering
| the proper operation and effect OF the Two
proclamations, comes to the conclusion that
another proclamation should be Issued
| l. ha
| take an oath and comply with the terms,
under which they cannot obtain firm legal
rights. 1t is especially to those who have
| heretofore and would now avail themselves
| i'm 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
in the rebellion should know distinctly
what they are to do, when and how they
| are to do it, to save themselves from pun
| ishment in wholeor in part; or 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 and IA
| vor OF the Government should now be large
and generous, and the operations and effect
Of its proffered mercy should not be lett
uncertain. As measure to aid in the sup
| preston of the late rebellion, the late proc
| iamation has done its full and complete Of
| flee. Now, one is desired to aid in restoring
order and reorganizing society in the re-
| bellious States. Reconstruction is not need
| ed, That word conveys an erroneous idea.
| The Constitution of this Government is as
perfect as human wisdom can make it. The
| Trial to which its powers and capacity have
been subjected in this effort of revolution
and dismemberment is the test to prove
principles and powers clearly and well de-
| fined, and that have carried us safely
through our past troubles. Ours is not a
duty to reconstruct or to change. Society
in the rebel States has not been and is not
now in a normal condition, nor in harmony
with the principles of our Government:
That society has rebelled against them and
made war upon the principles and powers
OF our Government. In so doing 1T has Of
| Tended and stands q convicted culprit.
Mercy must be largely extended. Some OF
the great leaders and Offenders must be
made 10 feel the extreme rigor of the law,
not in a spirit of revenge, but to put the
seal OF infamy upon their conduct. But the
mercy extended to the great, mass of the
misguided people can and should be so used
as to reorganze society upon loyal and
a freedom-loving basis. 1t is manifestly tor
their good and the good of mankind, that
this should be done. The power of pardon
and mercy is adapted to this end. Such
condition precedent and subsequent can le-
gally and properly be appended, as will
root out the spirit of rebellion and bring
society ia those States in perfect accord
with the wise and thoroughly tried princi-
pies of our Government. If this power of
pardon is wisely used, peace will be estab-
lished upon a sure and permanent basis.