The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-02-17
q For the Register.l +
The Governor of West ViraInia W
,bePresident of the United states.

q characteristic of others to seize grea'
principles and apply them for, and rely
only upon themselves The former are
ephemera, and their regulations are IN
tarred with their bones" The latter be-
come historical characters, and live LOT
go. IN the affection of succeeding gen.
erations'
# seems that the Governor has thrown
himself into the arms of Of the radicals
and with them must sink or SWIM sur
1--WE or perish." He has taken a position
n bis message in direct antagonism NC 70
hat occrpied by the President. W.
til Inv the way, that we could alnoss
t nanant y charcoal sketch OF the prepa.
pat;oI, of that message. He is seateu aV
t;S table with his pen stuck behind MS
Us Us While his swarthy familiar, mon cher
Nc Wsntor. sits near by, and hands him page
FER mage of "hints" to be elaborated In
that State paper (God save the marx J
under the heads respectively OF Recon.
construction in the State, Judge OF the
Ninrh Circuit" and "Bad faith OF return
4 hal
The President has declared his desire
and intention to make this Union what
if was before the war,-to find its
Guarantees In the affections OF the PEG:
Sie--to bring back within its pale the
peonle of the South as perfect equals OF
The neople of the North. He has
today the confidence. the esteem
and the affection of the Southern
neonle, He has endeavored to restore
to ali of their rights those who have ia
kenthe oath of amnesty. Governor Bore
man disregards the legal effect OF a par
don. and advises the Legislature 10
adopt measures which can have no other
object than to perpetuate the power OF
his own party and no other effect than
to dishearten, annoy and Cypress those
who have in any way participated IN the
rebellion and who have now cheertully
and in good faith resumed their allie
Glance to the Federal Government and
Are anxious to be recognized as loyal
and useful citizens of the State.
What is the effect of a pardon and am
nesty2 o,,;
"Gn amnesty is perfect oblivion
of what is past; and the end OF peace
beinr TO extinguish all subjects of dis.
cord, this should be the leading article OF
the treaty. This accordingly at present,
is the constant rule. But, though the
treaty should be wholly silent on this
head, the amnesty by the very nature of
peace is implied in it, attePs Lac Of
Nations, page SOL.
The effect Of pardon is not merely
10 preyent the infection of the punish
ment denounced by the sentence, but to
rive to the defendant Il new capacity,
credit and character. "-Chitty's CRIMINAL
Lar, Volume l, page 71G.
"A pardon acquits OF the penalties ana
forfeitures attached to the offence, and
the pardon of treason or felony, even al
ter conviction OF attainder, will enable a
man TO have an action OF Islander for cal
limo him traitor or telon. "-Stephens
Commentaries, Volune |, page 469
IF is now settled that pardon,
whether by the king or act of parliament,
removes not Gully the punishment, out
all leqal disabilities consequent on the ortnle. y
Russell on crimes, vol. 2, page 975. The
effect of full pardon is TO absolye the
party from all legal consequence OF his
rrime-direct or ollateral-lncludlng
tn. punishment, pecuniary, personal o.
icbaterer else the la,U has provided" B'shop
on criminal la,r, sec 7l3.
The elementary writer's VINO nave
treated on the provisions OF the consul
tuition have regarded it, (the power OF
pardon,) as general and unquaihea
bower, reaching from the highest to the
lowest offences, aud rs including IN Its
scope, the authority to remit fines, pen
allies, and forfeitures, which may IN the
last resort be exercised BY tho fresiuenl'
II was said by Judge Story, that no talV
coy aLyidqe the constitutional po~er Of tks
prycutire department, or interrupt the right
TO interfere Jy pardon These views are
a.. tanned by Chancellor Kent and Rawls
OH the constitution" attorney General
CHtord-see opinions Of attorney Generals
rO' / page 573.
Complete pardon involves the remis-
s:oa of all the penalties which the law
has inflicted on the offender. Not the
fra or Imprisonment only, or whatever
eIs3 may have been the form OF the
pI ysical punishment, but also all the
many, and all the incapacity which the
intamy imposes. Full pardon completely
restores the status of the criminal"
AMERICAN Cyclopedia.
These observations apply especially to
the case of convicted criminals but
they are still more forcible when
applied to pardons by the Presi
Gent which are made before trial and
even before arrest.
President johnson he's declared that
no State can throw defence around
the crime of treason" so no State can
prescribe O punishment for treason, aud
yet 1.-THE test oath law" and the law pre-
scribiug an oath Of Office being no Ion
GER war measures can only be considered
| as prescribing punishment for treason,
IN depriyiug those who are charged with
that offence Of the right to vote and
Lold Office. Governor Boreman endorses
these laws-suggests that they be made
more stringent and proposes certain
modern improvements" These laws
may, Just nov, aid an aspirant to secure
tic position of United States Senator ;
but they will most certainly present
their authors and advocates to posterity
not as patterns to initiate, but as ex-
amples to deter
Truth crushed to earth xi!l rise again
And so certainly as the earth moves
Just % certainly will the result of the
next annual election will seal the fate of
test oaths In this State. The Issue Is
now fairly made up and stands thus |:
The Governor rs the President. Let the
people choose Under which King?"