Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-03-23
The doctrine is thus stated in / Bishopont 1
Criminal Law, 7l3: XXX 1

| Criminal Law, 7l3: ft
"The effect of full pardon Is to absolye the party
from all the legal consequences Of his crime, and Of
punishDent whether OF imprisonment, pecuniary
penalty, or whatever else the law provided"
Also in 8 Bacon's Abridgment it is laid
down:
ut seems agreed that n pardon of treason or fel-
ony, after an atander so far clears the party
from the infamy and all other consequences thereof
that he may have an Tction against any who shall
afterward call him traitor fe0n, for the pardon
makes him as IL were a NEW MAN, Ia
Blackstone says: "'
"A pardon may be pleaded in bar us at once do
stroyng the end and purpOse of the indictment, by
RENTING the punishment which the prosecution Is
calculated to inhict." .-t-rs m. I...
Also: iE @ aI ..
''The effect of such pardon by the king Is 10
corporal punishment and foreftures annexed TO that
onense for which he obtained his pardon -|T
In Lilly's Abridgment the doctrine Is
thus laid down: ..
"A pardon doth discharge not only the punish
ment which was 10 have been inflicted upon the per
son that dii commit the Offense pardoned but also
the guilt of the Offense itself II paJdOns culpabil
ity so clearly that in the eye Of the law the offender
fense." .. a.rsl.a H1l n.r
The same doctrine is substantially rec
Ognized and approved in the case Of Cope
uS1The Commonwealth, 28 Pennsylvania,
State Reports. Authorities might be null
tiplied, but will not detain the House by
further citations on this point r .g-fp. n
Notwithstanding the effect OF the par
don and amnesty of the President was to
completely and absolutely wipe out the
Offense pardoned, yet this oath of 1862 for
ever prohibits all those who were included
in this amnesty from holding any Office
whatever under the General Government,
even the most Insignificant pOstoffice at the
most Insignificant CROSSROADS within the
Republic. e4r ,
Is iJ Intended by the majority on this
floor that the people OF an entire section OF
this country, comprising eleven States of
this Union, and over seven millions OF our
own race, shall be excluded from all par
ticipation in the administration of the Gem
eral Government? Is it intended, sir, that
the great fundamental principle on which
our system of government is based, that
taxation and representation are inSepdrdble,
shall be deliberately ignored? There is no
warrant for it in the Constitution. IL is
subversive of the true purposes of the
Union. and Is, in my judgment, revOlu-
tionary In its tendency. What right, sir,
have gentlemen who are in the majority on
this floor, and who control the action of
this House, to say to the people of Tennes-
see and North Carolina, or of any other
State within this Union (for, sir, all the
States are in the Union as equal members),
that they shall not be represented here If
they send members who have been duly
elected, and who possess the qualifications
required by the Constitution?
Sir, hundreds and hundreds of thousands
who are deprived under the terms of this
test oath of July, 1862, from holding Office
under the General Government, because
they have been engaged either in the civil
or military service of the late lnsurgent
States, are men who have acted under the
honest and sincere belief that their States
had the right to secede an opinion most
unwarrantable in my Judgment, yet 1t is
known to every man Oh this floor, that there
always existed, prior to the termination of
the late struggle, large body of men in
the Southern States who believed that a
State had right to secede when in her
Judgment her rights or interests demanded
1t; most fatal heresy, admit, and one
which | have always opposed. But, how
ever erroneous this opinion was, and it was,
in my Judgment, the gravest OF errors, still
it existed from an early period of the Gov
ernment, and was, believe, honestly en-
tertained by many of the people of the
Southern States; and it would be difficult
to account for the fact that almost an entire
section of this country united in the at
tempt to break up the Union on any other
theory.