The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-16
Amnesty nnd Pardon,

From the World.
The thirteenth section of the act Of July II,
1862, defining the penalties of treason and insur-
rection, is in the following terms;-
'The President is hereby authorized, at any
time hereafter, by proclamation, to extend TO
persons who may have participated in the
existing Rebellion in any State or part thereof,
pardon and amnesty, with such exceptions, and
at such time, and on such conditions as he may
deem eXpedient for the public weliare.n
The power to grant pardons is conferred on
the President by the Constitution, without any
limit or restriction, and perhaps the authorize
tion contained in the foregoing section of the
Con6scation act was superiuous. But evidently
Congress did not think it so, or at least con
sidered the question as open to doubt or they
would not have made such an enactment. The
power of the President 10 grant pardons in indi-
vdual cases cannot be ahrideed by Congress or
questioned by anybody; but a general amnesty
by proclamation previous to trial or conviction,
may seem 10 have different character. In
one mode OF viewing it, it IS repeal of
the law Ordaining the penaltiee. But
the repeal of laws, like their enactment, i pro-
perly legislative function. BY a stretch OF the
DdrdOning power all criminal legislation might
be defeated by the extension OF executive Gle
menCy to all offenders Of course, the pardOning
power was never designed to be used for such q
purpose, but only to operate in exceptional
cases, where the regular course OF justice would
be ineXpedient.
The termination of q rebellion is a case call
ing Tor a wholesale deviation from the ordinary
methods of criminal procedure. Congress,
therefore, took care to relieve the President
IOm any delicacy or doubt about trespassing
on their prerOgatiye OF repeating laws, by eY-
pIessly authorizing him TO pardon by proclama-
ton, in advance of any trial, and to any extent
he might think eXpehent Soon alter the close
of the war, President Johnson exercised this
power by publishing an amnesty which included
fIn md 10 Of "a md fia
great body of the inhabitants OF the Southern
States, but reservlng Ior separate and subsequent
cOnslGC GCratiOn certain enumerated classes, con-
sistlng OF officers of rank and men of wealth.
These he has since been pardOning at Intervals
on their own application; but II seems to ne that
the time has come when he ought to exempt
himself from the trouble AMI ANNOYANCE OF such
applications by new amnesty, including every
body except the very few individuals who are to
be tried tor treason.
We cannot doubt that the President intends,
and the country expects, that all, or nearly all,
of the excepted classes will sooner or later be
pardoned. If this is TO be the final result, the
sooner ii ls Consummated the better. The per
sons yet unpardOned are the men of wealth, the
men of enterprise, the men whose capital and
business capacity are needed to relieve the
South from Its industrial stagnation, and rene
Its prosperity. How can these men put their
pIop perty to profitable uses If they know not
whether it is their OWn2 How can thev sell
plantations or warehouses while the liability to
Cophscation prevents their giving a title ?
How can they borrow money when
the security they would offer is sub
iect to the same liability? The great want
of the South for the revival of Its prosperity is
| the introduction OF Northern or European capi
| tai. But such ventures will not be m9de with
| out security aud the men who should naturally
give it cannot hypothecate their property for
! the payment OF loans so long as they are uupar-
| doned. The cases are all 30 nearly alike-the
| crime is so precisely the sameInot Offering at
all in nature and but little III degree, that there
| is no good reason why every case should receive
a separate examination al the hands of the Pre-
sident. A new amnesty proclamation for the
immediate relief all classes IS one OF the httest
things the President could execute.
Another reason for getting the whole bust
ness Of pardons of his hands is, that it renders
the President obnoxious TO damaging charges
by his malignant and unscrupulous enemies.
The fact that there is great body OF wealthy
men who could afford TO pay handsomely tor
paruons, exposes him to the suspicious OF tue
captiogs situation which corruptman would
naturally oovet and could easily turn to great
prohtl ls one in which an honest man should not
Wlsn 10 De placed; and yet, 10 the present case