The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1866-10-04
THURSDAY MoRNINa;::!::::ocroBE !, 1866.


ion." which bears date Attorney Generals |
Office, May l, 1865" and announces certain
doctrines which we doubt not have been for
gotten, if not by the Honorable Ex-Attorney
General himself at least by some Of our |
readers. A careful perusal will develop the
fact that The PRESIDENT, in exercising the |
pardoning power, has acted upon very |
high rodicdl authority! 1t is well enough
once in while TO quicken the memory of
our newly. converted Southern radical friends
of their own conservative doctrines. We
quote from Ex-Attorney General SPEEDS
opinion, relative to and in justification OF
President JoHxsoS's Pardon Proclamation of
May 30, 1865, as follows:
81 ain clear and decided in my ,
conviction that the President had no power |
to make an open offer Of pardon which could
be relied upon as protection for offences |
committed after notice Of the offer. This |
opinion is deduced from principle, and indie
pendently of the language of the proclalna-
ton.
The language of the first proclamation is
however. consonant with this opinion. 1t is
addressed to "dN persons rho hare paHici- |
pdted an the erist'ng rebehton'-words refer
ring to the past.
III am right in this construction of the
northumberland am satisfied in my own
mind that | am-another proclamation
should be issued. Persons should not be in
yited to take an oath and to comply with
terms under which they cannot obtain firm
legal rights 1t is especially due to those
who have heretofore and would now avail
themselves. in good faith, Of the benefits of
pardon and amnesty, that another procama-
ton should be substituted, covering the now
past Persons who have been constantly en-
aaged an rebellion should know distinctly
what they are to do, when and how they are
TO do it, 10 free themselves from punishment,
IN ,chole or an part, or to reinstate them
selves as before the rebellion. Such
as have been affected merely by
their reasonable associations should be db-
solutely forgiven. Appropriate conditions
should be appended to the pardon of many.
The grace and Jauor Of the Government
should nor be large and generous and the
operation and effect of its profered mercy
should not be left uncertain.
The second question you ask as to the
rights of the citizens and residents Of the
rebel States who have not taken or offered to
take the oath and comply with the terms of
the proclamation.
Here again, we meet trouble and un-
certainty.
THE expressed objects of the proclama'
ton are TO suppress the instruction, and to
restore the authority Of the United STATES.
Can any one be permitted to take the oath,
and comply with the terms prescribed in the
proclamation, in a State or community
where the civil and military power of the in
surrection has been destroyed and the rebel
lion suppressed, and the authority of the
United Statesls established without let or him
drance? Or does the instruction continue,
in legal contemplation, though not in TACT
until the Executive Department Of the Gov.
eminent shall, by proclamation, declare that
il has been suppressed? And would this
proclamation Of pardon and amnesty con.
tinue and he open after proclamation thai
the rebellion had been suppressed?
at would seem from the proclamation
that the amnesty was extended to those who
were willing to aid in suppressing, as well Us
restoring; and yet it may and doubtless will
be commended, and with much force and show
of reason. that all who have stood by and
chung to the insurrection till its organization
and power both civil and military, were
gone, have nevertheless right to take al
the benefits of the amnesty because they will
lend a reluctant aid in restoring anauthority
which they hate. Amnesty is pr9Dered for
aid in suppressing and restoring; amnesty Ii
demanded for aid in the work Of restoratiOn
full reward is required for less than half oil
the service that is needed.
"As A measure to aid an the suppression o
Tho p. belion, the late proclamation has dom
its fnll and complete Office. Now, one is de
sired IN aid M restoring order and reoFgan
zinc society in the rebellious States. Recon
struction' is not needed; tbdtWord conrey' u
erroneous idea. THR CONTRIBUTION OF TIL
GovERSMEYT Is AS PERFECT AS HUMAN WlsDo'
CAN MAKE 1T. The trial to which its power
and capacities have been subjected in TIL
effort at revolution and dismembermen
proyes with what wisdom its foundation
have been laid. Ours is task to preSerU
principles and po,cers clearly and 'ceH de
dned and that haze carried US sdfeiythrougI
our past troubles. Ours is not duty to re
construct or to change. Society in the rebe
States has not been and is not now in mol
NAL condition nor in harmony with the prlr
ciples Of our Government. That society ha
rebelled against them, and made war upo
the principles and powers OF our Cover
ment. In so doing it has offended, and stand
a convicted culprit. Mercy must be Target
o,f,.nded Some Of the great leaders and o.
Tenders only must be made to feel the e'
trame rioor of the law-nOt in spirit Of n
venoe, but to Put the seal Of intamy upo
their conduct. But the mercy extended
the great mass Of the misguided people ca
and should be so used as to reorgam'ze s.
ciefv upon a loyal and freedom-loving basI
1t IS manifestly for their good and the goo goo
of mankind that this should be done ~
po,Uer Of pardon and mercy IS ade3"ate
ihis end. Such conditions, precedent al
subsequent can legally and properly be a
pended as will root out the spirit OF rebeiiio
and bring society in those States into periet
accord with the wise and thoroughly trl'
principles Of our Government.
"If this power Of pardon is wisely use
peace will be established upon a sure an
permanent basis.
"On these grounds, in addition to what h'
been before said, ain OF the opinion thu
another and new offer of amnesty, adaPtt
to the existing condition OF things, should
II do not conceive that it is in place ju
now, even if / were prepared to do So whl'
am not because not sufficiently advised
the temper of those SO lately in rebellio
for me 10 say what should be the terms
nation