The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-12-18

ing the President the power to grant re-
pTieves and pardons must be construed
according to the sense in which the
power was understood in England at
the time Of the adoption Of that ipstru-
ment. The Constitution Is the same to-
day as twas at the period twas Tatifi-
Those who stood by the President In
the exercise of doubtful power in war
should see that the Constitution be not
shOrn of its power in peace.
The gentleman referred to the annals
OF England to show what is meant by
pardon, and said It discharges not only
the punishment, but also the guilt of
the offence itself. In the eyeof the Law,
the person is as innocent as if he had
never committed the offence. In other
words, 1t makes him new man. The
pardon will enable him to prosecute for
libel any one who may call him traitor
or felon. 1t Tegenerates and renews
him, and to call him traitor is to VIC
late the Constitution of England and to
deny the power of the King to make
him new mnn. The Supreme Court
has similarly decided. The President
has exercised the pOwerin behalf of the
petitioner 50 as TO make it impossible to
inflict any punishment upon him for
the crime of treason. But the act of
Congress does infiict punishment. It
excludes him from office. This is the
effect of the law, because, having COM
mitted the offence specified, he cannot
swear he never has, which absolutely
disqualifies him from holding any civil
Office. This is a punishment. An
american citizen who thinks he can
obtain an office believes that all other
things Will be given unto him. When
the war ceased the Constitution resum-
ed It's sway over these parts of the:coun-
try where its operations had been sus-
pended. --.5-
The learned gentleman cited various
authorities 70 show that disqualifica-
tions are punishments and could be
visited only on persons who have been
found guilty of offences, on due process
oflaw. The President says to the petit
tioneer: pardon you. You shall not
be disqualified in consequence of any
treason you have committed, but Cons
gress says to him: You shall not prae-
tice in the courts unless you take an
oath that you never committed the Of
fence, and If you swear falsely, you
shall be punished. ~
When pardon is granted, the recipi-
ent cannot be deprived ofthe restoration
OF his rights, because it is in effect for
hidden by the Constitution of the United
States. Chief Justice Marshall says we
must regard the act of pardon as it is
understood in England. If Congress,
In opposition to the power of pardon,
should be permitted to prescribe ON this
for those who receive the Executive
clemency, where is the limit? They
might, If ever we.shOuldSS have n corrupt
body, require an oath as a qualification
for office, that the recipient had never
voted for or against particular candi.
date, and thus perpetuate their power.
The right of the petitioner to the exer-
else of his Office is species of property,
and To be considered as any other right.
No man can, under the Constitution, be
deprived of his rights until he is heard
according to the forms of law. The
authorities sustain the petitioner that he
has "a right in the court, of which he can
be Invested only by due process. The
law OF Congress finds an excuse in the
truth that 1t WIS a war act. When it
WAS passed our sons were falling on
many battle fields. Mothers and friends
were weeping ut open graves, and the
public heart was Stung to madness and
revenge. But now that peace has re-
turned, let the small stin voice go from
this temple toguiet whatever excitement
may exist, and encourage every one to
the performance of duty, so that peace
and prosperity may shed their blessing
over "A once more united people.
II we get from this court such proc
lamation, then those who believe in a
special Providence, and that not even n
sparrow falls TO the ground without His
special notice, will find their fifth
strengthened by the accession to the
Chief Justiceship of one who enjoys the
reputation of always having been the
generous friend of popular liberty in
its most comprehensive sense. - ~
ATTORNEY GENERAL SPEEDS ARuU-
HENT.