The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1866-01-24
THE LAW OF PARDON.


The National lntelligencer informs Us
that 4 strong effort is being made in Con-
|gress 70 assault that portion OF the Presi-
dents message claiming the power OF res
,oration on the ground of the law Of par
don. The radical clique is disposed to
deny TO the President the kingIy preroga-
tive OF pardon under the common law.
In article I'd. section Cd, the constitution
Of the United States says: . The Pfesi-
dent shalt have power 10 grant reprieyes
and pardoas tor ohenses against the Unit
ed States, except in Cases OF impeach-
ment." The curious IN such matters are
further referred to Chief Justice Marshall.
IN United States VS.. Wilson, Z Peters 100 ;
10 Cond. 45s; also, the nplnion OF Mr..
Justice Wells, Is Howard, $40, Sil.
That the word "pardun" has The same
signifcation as IN the English law. parties
arc directed 10 the ruling u the Supreme
Court in Cathcart W. Robinson, 5 Feters,
s6i, $50. and IN Flavell's case, 3 Watts &
Sargent. i97, attorney generals brief)
Coke's interpretations OF pardon" is
thus set forth: !" A pardon Is writ of mer.
cy. whereby the king. either before attain.
der. senteace. or conviction. or after, for
glseth any crime. otfense or punishment,
execution. right. title. debt. or duty. tenn
pural Or ecclesiastical."
10 clincn the matter. we have only 10
cite positive provision Of Congress itself.
In the contiscation act OF July II, 1862,
the President is directed "by proclama-
ton. to extend to persons who may have
FABRICATED in the existing rebellion. IN any
state or port thereof. pardon and amnest,
with such exceptions. aud at such time and
Oh such conditions - he may deem expe-
dent tor the public welfare.
Hut we hope aud belie,e President John.
son will remain steadiast in spite Of all the
demons nl faction. tie has aspurposed from
the first 10 take no step which could be in
terpreted as III any light sanction ng rebel
lion or justifying secession. But while
this Is true, he has been wise and Just e
nough % decide that. il the preservation
vf the Union was the leading object oi the
late war. il would best give real eject 10
the principle TO create as few new reasons
as possible for future alienation between
the people ol north. south, east and west.
lie is right. An application lor pardon
carries with IL, il not confession OF offence
and political repentance, at least acquies.
cencc IN that hackneyed thing. " the logic
OF events No benign government could
venture % establish code which would
preclude au exercise OF the pardoning
power. 10 attempt TO take the life Of the
nation is Justly regarded as monsirous
action. but the danger is past--there APP
pears TO be in the south thorough acquics-
cence IN the deci.ion OF the marital combat
aud the policy Of the President--and We
would be glad il the Voice oi contention,
strife. sectional animoslty and petty bck
erings should never more be heard m thi;
country. IL cannot. will not be The case,
however, 80 long as puppinjays and mou-
sers are retained in or selected for respon'
sible public position. We require our best
minds and hearts IN the halls OF national
Legislation. instead OF political gamblers
and hypocriies, and the sooner the ex
change be made. the better will il prove
for the peace, prosperity, glory. renowr
and harmony Of our reunited ami indlsso.
luble country.