Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1865-05-31
.Bl;v % elegraph.
: or Later Dispatenes see sra Page.
Attorney General Speeds Opinion
in Response tOa Letter from Pres
nc johnsou.i q a-sae-I ~

4 -
idsnt Johnson s'.Als9I a-iF
WAsHIHGToN, Nay 3O-Attorney aener.
al Speed has given an elaborate opinion in
response to President Johnson's letter OF
the 21st of April last. He argues that the
right and power Of the President TO par
don and to issue any proclamation of am.
lsnestyS are derived from the clauses in the
Constitution aud the act of Congress,
which he quotes. The high and necessary
power of extending pardon aud amnesty
can never be riRhtfully exercised 30 as to
enable the President to say to offenders
against the law, now offer you q free
pardon for the past or at any. future day,
and when you shall, from bsfflsd hopes, or
after being foiled in dangerous aud bloody
enterprises, think proper to accept, will
give yousa pardon for the then past. When
men have offended against the law, this
sppealiis fol. mercy not for Justice,
pfSceeds to consider the questione
proposed by President johnson in the proc
lamations dated respectively the sih Of
December, 1868, and the 26th of March,
1854. commonly called the amnesty proc
lsmstions No doubt. he says, many per.
sons did, between those periods, take the
oath who could not have done 30 had the
original proclamation contained the excep-
ttons set t,forth in the second. What the
rights of those were who took the oath in
that intermediate space of time, aud who
could not have taken it on the 26th of
March, 1854, is purely judicial ques.
tton. Thefacts in such cases are accom-.
plished 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 tax
proclamation, comes to the conclusion
that another proclamation should be is
sued. Persons, he says, should not be in-
Vtted to take an oath and to comply with
the terms under which they cannot obtain
hrm legal rights. It is especially to those
who have heretofore, and would now avail
themselves in good faith of the benefits of
pardon and amnesty, that another procls-
nation should be substituted, covering the
now past Persons who have been con-
stautly engaged in the rebellion should
know distinctly what they are to do, and
when and how they are to do it, to clear
themselves from punishment in whole or
in part. Such as have been affected merely
by their reasonable associations should
be forgiven, aud an appropriate condition
should be appended to the pardon of many.
The grace and favor of the government
should now be large and generous. and
Sne operation 6uQ eject OF -lE6 pfoIee9eQ
mercy should not be left uncertain.
us,As measure to aid in the suppression
of the late rebellion, the late proclamation
has done it's full and complete Office. Now
all that is desired is to aid in restoring or.
der. and reOrganizing society In the rebel.
.lious states. Reconstruction is not needed.
That word conveys an erroneous idea. The
construction of this government is as per-
feet as humane wisdom can make it. The
trial TO which its powers and capacity have
been subjected in this effort ofrevoIution aud
dismemberment, is the task to prove prin.
etples, and powers clearly and we'll defined
and that have carried us safely through our
past troubles. Ours is not duty to re.
construct or to change. Society in the rebel
States has not been and is not now in nor
NAL condition, nor in harmony with the
principles of our government. That soci.
ETY. has rebelled against them aud made
war upon the principles and powers of our
government. In 80 doingit has offended
and stands convicted culprik 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 spirit of revenge, but to put the seal
of infamy upon their conduct. But the
mercy extended to the great mass of mis-
guided people can aud should be so used as
to reorganize society upon loysl and
freedom loving basis.