, 1866-03-22
REBEL PARD0NS.
A Question Of Constitutional laW-Let-
ter from See. A. sKufeldt, Esq.

A Question Of Constitutional laW-Iet-
ter 1rona Gee. a. skufeldt, Esq.
Editors Chicago H,bnne: =: -
The President made great haste in the first
hours OF his Standardization to extend the Ex-.
ecutiye clemency to some thousands Of the
champions Of ..southem rights, y who aocked
to the White House to secure the speedy
grace which followed in the footsteps Of 8
parchment pardon. Let ns ,see, i the Presl-
dent has not exercised ., ,4uestioqable right,
and whethes. after all these genthmcn may
NOT be In Tho enjoyment oE privileges not
warranted by the Constitution and laws OF
| fhe land. - :''.-' - -
| Il has certainly rot been common In this
country, whatever precedents may exist in
England, to extend pardon to any person
not previously consieted Of an eIeaee, aud 1t is
l. popular theory that such pardons may bare
10 validity, and for the sake, al. the recon-
strpcted rebels now living On the Presidents
cleuency, We hopa It may be true, for more
ungrateiul set Of criminals cannot be found In
'aa nsiels nS1s il, Section Of the Constitution OF
dent The. power to. Graut zepEleves and par-
dous for offences against the United StAtea.n
Section 3, Of Article III, declares that
"Treason against the United States shall con-
,sist only. IN teVyin9 war against them, or in
adhering TO-. their enemies; giving them ald
and comfort" and "that no person shall be
convicted Of treason except on the testimony
OF two witnesses to the same overt net, or on
eonfess;on IN open Court"
Now these persons to whom The PresIden-
tlal pardon has been extended ore-whats ?
Traitors convicted Of the overt act by two
Witnesses, or by confession In open court? ?
/ No but simply persons who come to the E1-
| ecutfve mansion, and ask for pardon for
some offence which Is neither proved nor ad-
l mIttcd.
The President has power to pardon Tor Of
fences committed against the United States !;
I but how arc these offences proved In the case
Of treasons It is only By the testimony Of
two Witnesses to the game act or by tha con-
fession, IN open court, and there Is certainly
no such elimination Of circums tances In the
case under consideration. Could man who
expected to be chnrged with the commission
Of a murder on the seas, or within the juris-
diction OF the United States, before trial and
conviction, confess his crime to the President,
secure his pardon, and plead that pardon on
bis t1ial2 We think not The power Of tho
President. simply extends to enses Of
convicted; If: it were. otherwise; any
criminal With sufficient political or other IN
dlueacc, could secure immunity In advance and
thereby deteat the ends Of Justice. AND so It
might be extended to that degree which
would enable the pardoning power to save the
criminal from the consequences Of an act to
be thereafter committed. 1t is plain to US,
and we hope that It is true, that all OF these
pnrdons granted to the Southern repe1s are
Toia for want Of conviction, and ws suggest
this question to such Us arc personally inte-
rested In the matter, ID order that it may have
q speedy Judicial determination, and we pray
and implore that this decision may be such as
70 MD ID the declaration s'that treason must
be made odious, and that traitors must be
punished. ior Which hsa see & Andrew johnson,
leaf - GEO. 4. BHUFkLDr, JR.