Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-03-29

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that the continuance OF this oath canno
result sn any good 10 the country. TIT
rebellion has ended, and the people Of th
, { late iH-urreut states are hereafter 10 b,
associated with as as citizens Of the sam
Government.
It seems 70 me that every considera
ton of duty and patriotism unite in urg
, ing 70 /: 10 So shape our legislation - to haf
II mouize the country and restore Kind and
fraterlal relations between the Two sec
tions.
Certainly no man can entertain an,
vel grounded apprehensious that theT
win ever occur a repetition of the at
tempt t1 break up the Union by Seces
sion; and If there should, test oath
would have but little influence in pre-
venting il.
Sir, the best possible security we hsv.
against any further attempt at secession
T consists I'm this one great mct The Gtt5
and complete failure Of the late rebellion
AF. Speaker, YOU never viii, moi
: viii our children who come after us
ever hear OF another attempt aJ Sc
cessiou made by the pe0p.eof tie south
Sir, the sad lessons of the las. iou
wears VIII be our f-m--t hu'1ark agaIns.
its repetition. il has been settled lE the
war more firmly than constitutional
amendments or test o4ths piled noun
tains high could settle DC, that state
has no right 70 withdraw from TINS
Union. and this decision VIII noJ and
cannot be reversed.
ii has been settled beyond any ques-
r5au. that we are 70 be one people, hav-
Ing one Federal Government and one
flag.
Vow. What is our duty to the people Of
the south. Is IL 20 crush them and
] while We impose upon them the burdens
I 0f Government exclude them from lis
. baneGUs2 Is Ii, sir, TO seek by legislation
% degrade them and make them CUT
/ laws We have determined that they
shan remain with us. citizens 0fthe same
common Government. Shall they re-
main with Us as our equals or not:
Sr. I rejoice that the rebellion has
/ been crushed, and that these people have
4 returned t0tleir full and cons p.ete ale
I glance 10 the Constitution; lul ] want
tLlm 10 return. not as an inferior OF de-
GRADED people. but IN their true man
hood. as the equals of the people Oi every
other state. We must have confidence
in them. They and their children are
destined 70 live with us and OUT children
for generations 10 come. Il Is best, slr,
IN my Judgment, that we should live TO-
Eetaer Ou terms of friendship and
equality.
Sir. a wise and patriotie President ris-
iug ahove tie miserable aud petty pgeil-
Gieas Of the hour, has, with a generous
cienency and maEnauimIty which be-
come the exalted station that occupies,
set Us an example which il would be well
for u, not to forget. On the -JIh CAV o.
May last be Issued his prJClznla Ion
- q
few eNceyli0uai cases, to theEulire people
OF the ateinsurEeut States, who had been
engaged in the rebellion.
There can be no controversy about the
power in the President u grant such par
don and amnesty. The Constitution ar-
ticle two, section two, declare that o. he
shall have power TO grant reTTieve7 and
pard0us for ofieuses against the United
States, except in cases Of impeachment
This power thus granted 10y the COuslitJ-
ton = placed beyond ti1e control or reach
OF Congress. i is absolute and Unquali-
fed. except rs to cases OF impeachment,
and msy be exercised either before trial
or after conviction
But Congress did by the act approved
July l., 1852, fully recognize this wise and
Just power, and did IN the act "t0 sup
press insUrTecdUu,n ETC., 5V the thin
teeuth section. provide as follows:
"Sec. l3. drd b. n ftrfbCr enacted,
That the President is hereby authorized,
at any lime Aoueafter, by proclamation,
90 extend % persons Wh9 may have par
tieipated iu the existing rebellion, TO any
State, or part thereof, pardoa an am
nestv, with such exception, and at such
time. and on such conditions as he may
deem eEpadient for the public welfare
Thus Ue see how fully and completely
the President was aE1 Is clothed with the
power to grant pardon and amnesty 20
all who may have participated IL the e'' /
late rebellion - and Congress, gy the
section already quoted, has s0iemuly
committed itself IN favor of the exist
enre and ezeFeisa Of the power
E1w, Mr.. Speaker, i=t I.;e INQUIRE, what
was the effect Of this proclamation Gf The
= Ga Of May, Is552
The rebellion having been completely !
suppressed, ths President, With a wise
and generous clemeheg which vii 1--WE
ic history t1 his honor for all time to 4
come, sid TO almost an entire people. /
You have wandered from the path of ]
dutv-iu q fatal hour yv,l .-sve sought to /
bfsaE uD the Union Of our fathers, ECt I
Won have ac5u0wlc3 your great error,
and seek agaiu tG return to the protection 4
Of tlat Jag which has Gasu planted IN I
the car'tal Of every state Of this Jaion.
We receive yea back, and the ouenses /
committed by y0u in attempting 70 with 1
draw from the Union are now gics-ed cut !
and pard0nel. on the condition that you 4
shall renew your Allegiance TO the Con 4
sturim; snow the sincerity of your /
rar--n gy your fidelity TO that C0nstltu- 4
fiOn and 4 niou in the future.
The effect was % rlnloye entirely anu
comuietely. before the iSE, the crime !
which was included in the pardon, with 1
all its legal consequences; and j beg % Z
call tle attention Of the House 20 a few I
authorities on nlis question. thiet /
Justice Marshall, in ths ease 0f t4e 4
United States vs.. Wilson, 7 Peters, f52, 4
speaking on this subject Of parlous IL /
England, said
% As the power has been exercised nom
time immemOrial by the Executive o.
IhaJ nation whose language is our laE-i
gu8ge, and to whose Judicial Institutions
ours bear = close resemblance, we adopt !
their principles respecting the operation
end effect Of a pardon, and look into
their books for the rules prescribing the 4
manner in 1gh "a 10 is 20 be used by I
the person who would avail himself
o. it.
In Bacon's Abridgment page 4i6, it
Is said:
"It was formerly doubted whether q
pardon could 20 more than taEe away Z
the punishment, ieaviug The crime and
IFS disabling consequences unremOyed.
But it is now settled that a pardon,
by the King or by act OF Pariia-
I1eut, removls not only the Punishment,
but all the legal disabilities c0nseg uent
ON the crime
The doctrine is thus stated IN / Bishop
on Criminal Law. 1l3-
lle elect Ci full pardon is 10 alb
solve the party from All The LEGAL conse-
g Ji-nCes az has crime and of hIs convic-
uon qiTecE and cQl!aterll, including The
punishment "nelhel Ut liapus0nment
pecuuiary penalty, or whatever else The
law provides
Also in Bacon's Ab1idgement II Is
laid down:
"tI seemsEg7sed that pardon of trea- I,
son on felony, even a!ter an aitaindsr. so
far clears the parry from the ihiamy, aud
3ll other consequence thereof that De
may nave aH action against any VINO
shall silerWard call him a traitor or felon.
'or the pardon makes him as it were q
new man.
Eillszt0np savs
"a pardon may be pleaded In bar a. at /
,nce destroying me end and purpose of
he Indictment By rcmitting the punish 4
nent which the prosecution Is calculated
10 inaict'
Also:
The effect OF such a pardon by the
King is 20 make the offender Baw .uan
10 HCquit him Of an corporal punishment ]
Ind forleitures annexed TO that odense ]
for which re obtains bis pardon
Tn Lilly's AbrldgeEHut the doctrine is {
hus laid down:
A pardon doth discharge not only !
BE punishment which was 70 have been :
Inflicted upon the person that did COM
nit the Oiiense partcned, but also the /
guilt of the oliense itself il pardons ,
.ulpe 50 clearly that in the eye Of the !
aw The offender is as innocent as if he ?
lsd never committed tne uiieHsaH
The came doctrine Is substantially re- I
ognized and approved in the ease Of
,ope rs. the Commonwealth, IS Penn ,
vlvania State Reports Authorities I
1ieht be multiplied, bat i Will not de- s
ain the House by further citations on J
his point.
Notwithstanding the effect Of the par !
Ion and amnesty of the President was i
o ooInpietsly aud absolutely wipe out J
he otiense parloued, yet this oath OF ]
s12 forever prohibits an those who We're /
included Ia this amnesty from holding