The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-06-05

| to the commission of the offcnse
II was formerly doubted whether the
pardon could do more than take away the
punishment leaving the crime and its disabl.
ing consequences unremoved. But it is
now settled that pardon, whether by the
King or by act of parliament, removes not
only the punishment, but all the legal dsa-
bilities consequent on the crime Bacon
abr, 4l5; Russell on crimes, 975; Hob,
GSl 2 Halls G, 1922 Sale, 900; Lord
Raym, 80; State Trials, GS1 Cas-. Temp
Holt, 6S3; State Trials, III Fitzg, 167
The effect of such pardon by the King is
10 make the offender new man, to acquit
him of all corporeal penalties, and forfeit
ures annexed to that offence for which he
obtains his pardon. Blackstones Com. 400.
might add other authorities but deem it
unnecessary. Those already quoted estab-
lish the position beyond controversy, that
the effect OF the pardon is 10 aoquit the Of
fender OF all penalties and forfeitures nm
nexed TO the offence. 1t follows conclusive
ly that the attorney or applicant for admis,
sion to the ban who has received a pardon,
before Indictment or conviction, stands be-
fore this Court in precisely the condition in
which he would have stood and with alt
the rights which he would have had, if he
had never committed the offence TO hold
that Congress has power to destroy the
pardoning power vested by the Constitution
in the President of the United States alone.
l trust might safely rest this case here,
hut before take my seat | desire to make
few remarks on tho law of nations as to the
relative rights and dutied Of those who
were lately at war with each other. In doing
so shall carefully avoid any expression
intended to reflect upon any one in position,
or my reference to present party divisions,
Suffice it 10 say that after four long and
dreary years of bloody conflict, Gen. Lee
surrendered his army, and rendered his
sword to Gen. Grant.
The latter with q magnanimity that if he
had done no other great deed, must have
immoralize his name in history; apprecia.
ting lhe ability, tho merit and the motives
of his great antagonist, returned it to him
rs reported, with the kindest expressions,
saying you are not conquered, but over
powered by superior numbers ard resources
And in this connection, excuse me for say.
ing in this place, that the Southern people
owe debt of gratitude 10 General Grant for
the firmness with which he has stood by the
terms of the carruation; the libernlity
which mas characterized his whole conduct
since that time; and the many acts of kind.
ness which he has performed for Southern
men in adversely and distress. All these
after E .Eis surrender Snad IF lha m"S SqQR
victim under the hand of the black hearted,
bloody assassin, and the present excellent
Chief Magistrate was called TO the position
at a most critical and trying period in our
history. AS n Southern man who had st ood
by the Government during the struggle. he
had been bitterly denounced by the whole
Southern people. Without knowledge of
tho loftmcss ofhis soul, the expansivencss
and intensity of his patriotism, and the
purity of his motives, they shook with
anxiety and fear when he graspcd the helm
Of power while they lay prostrate at his
feet. Had thero been vindiotivoness or
revenge in his nature, or had his mind been
cast in smaller mould, the country would
still have been drenchcd in blood after the
thundcrs Of battle had been hushcd-,he
South would have been utterly ruined, the
prosperity Of the whole country destroyed,
and reunion with fraternsl feelings would
have been an impossibility for generations
to come. But rising above NIL personal and
selfish considerations. and looking alone to
the good Of the whole country, hc issued his
Proclamation extending universal amnesty,
with limited exceptions to the whole people
ofthe South, by which he pledged the faith
of the Governments, (for he as Commander
IN Chief war its Representative o, that on the
acceptance Of the terms proposed by him,
and on taking the oath of allegiance, the
people Of tire South should be restored to all
their rights in the Union under the Consti-
tuition The people en- mdsse, Attorneys ut
Law included, Judge Law among the rest,
accepted the terms, and many who wero not
embraced in the general amnesty, on spe-
cial application received pardon Here then
arc found tho terms of the oapitulation TO
which the several States in the aggregate
capacity, as we'll as the people individually,
have faithfully conformod. They have even
changed their State Constitutions, submit
ted to q revolution in their whole social
and labor system, and given up hundreds Of
millions of dollars in their slaves, to make
the compliance on their part full and COM
plete.
In conclusion, have only to add that
have satisfied my own mind, and trust the
mind Of the Court, that the statute requir-
ing the test oath is in violations of the Con-
ssitution of the United States, and is for
bhat reason void And that the Divine law
and the laws Of nations agree, that when