Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-11-29

The Insurgents rebels may restore The TRANQUILITY,
of the Commonwealth, and which, if suffered to
pass unimproyed, it may never berpossible after
wards to recall. The dit1toyy process of conuer,-
ing the Legislature, or one Of its branches, for The
purpose of obtaining Its sanction, would frequent
ly be the occasion OF letting slip the golden oppor
tunity." -7s
On the basis of the expressions thus ital-
icised, the Times proceeds to argue that the
President has no power to grant an amnesty
except at critical moments in the progress
of rebellion, when Congress is not in SEES
sion !! Before chewing this delicious piece
of absurdity, we desire to remark that the
extract disposes of cavil that might be
raised on the distiction between pardon
and an amnesty, the whole passage obvi-
ously applying to that form of pardon to
which we apply the latter name, and show
ing that the pardon clause in the Constitu-
ton covers the whole ground. The ques-
ton raised by the Times is, whether the
President possesses it permanently and alb
solutely, or only at critical periods when
| Congress is not in session. Hamilton was
arguing to show why the Constitution with
held it, and all participation az IL, from Con
gress. His whole argument is directed to
that point, as the Times must have seen
| in culling out its quotation so that it is
consciously sophistical.
| OF the various reasons for comforting the
power on the President, the particular one
quoted might not have required his exclu-
| sive possession of it but his exclusive pos
session of it in cases of treason is what the
whole combined argument aims to justify.
Immediately after the first sentence of the
IGnaeS'S quotation. Hamilton states the OBJ
| lection for which, and other matters it
| could not meet, the Times substitutes con-
veniet asterisks) he undertook to remove in
the following language: "This," (the par
doning power in treason "it has been
"urgcd, ought to have depended upon the
| "assent of one or both branches of the
Legislative body" This very exclusion
| of Congress which the argument of Hamil-
ton was directed to justify, the Times, by
garbiing its quotation, distorts his Ian
guage into denying. Is this honorable az
gumentatlOn
But we have even higher authority thans
Hamilton, namely, the debates and vote in
the Federal Convention. When the clause
relating to pardons was under considera-
ton, Mr.. Randolph, of Virginia, moved to
amend by excepting 6 cases of treason. -
| After debate in which several of the most
eminent members participated, the amend
ment was lost, only two States Virginia and
| Georgia. voting in its favor. A few extracts,
| las we'll as the vote will show with what re-
sOluteness of determination the trainers of
| the Constitution shut out Congress from
the prerogative of pardon
Gouverneur Morris "hdd rather there
should be no pardon for treason, han let Tire
poacer deoolve on The Legislature"
Mr.. Wilson (praised by Washington as
one of the soundest and ablest members of
the body, and afterwards appointed by
him as one of the Chief-Justices of the Su-
preme Court said, " Pardon is necessary
for cases of treason and is best placed in
| the hands of the Executive"
Rufus King thought it would be incon-
sistent with the constitutional separation OF
the executive and legislative powers to let
the prerogatiye be exercised by the latter.
A Legislative body is utterly unfit for the
purpose. They are governed too much 6y
The passions Of the moment In Massachu-
sets one assembly would have hung all
the insurgents in that State the next was
equally disposed to pardon them all.
It was on such considerations as these
that the trainers of the Constitution deci-
ded to exclude Congress from all participa-
ton in the pardoning and amnesty power
Whether their reasoning was sound or un-
sound, it equally attests their intention
Whether Congress was totally excluded for
good reasons or for bad reasons is nothing
to the purpose it sufices that, in point OF
fact, they were meant to be, and are, total
ly excluded.