The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-07

Effect of AInnesties and Pardonx.
Hon. Albert Pike, of Arkansas, has
written and published pamphlet
upon the legal questions arising from
amnestics and pardons We extract
as follows:
Infamous crimes, like forgery and
PERJURY, are quite different things
from political offences, in which it is
failure that constitutes the erin In
the former case, it is, with some rea-
son, held that, though the pardon re-
stores the competency to testify, it
does not restore the credit; and was
formerly held that the party could
not be juror. But no such infamy
attaches to political offences, and es-
pecially to attempts by whole States
Mt revolution to attain independence,
when the rebellion, if it bc one, be-
comes civil war. If the rebellion of
l176 had been unsuccessful, it would
have been pronounced by history
rebellion, and Washington and bis
generals would have been liable to
the pains and penalties of treason. 1t
is with reason, therefore. that in re-
spect to such offences as these. tho
pardon Is held to obiterate the
offence. and make it as if it had never
been. There is not, i'll such IL case,
even the despots fear Of assassination
to induce cruelty. Republics should
he lmpasslve to fear, and incapable of
cruelty or revenge; and when they
pardon, there should be no mental
reservations or lingcrings of nh igno-
bic anger.
''Proclamations Of amnesty are
made for the general interest, and
are not like individual letters of
grace, which only relieve from the
punishment, leaving the guilt unaf-
fccted. The object of an amnesty is,
and its effects should be, to cover
with the Veil Of oblivion and efface
the recollection and effects of con-
victions or suits to which the parties
amnesticd We're liable" The Public
Prosecutor vs. Charasson, cassation.
Jo't1mm du Pol'rce 2, of 1889, 55S.
An amnesty abolishes the crimes
and offences which are the object of
1t; 1T ctfaces even the remembrance
of them, and leaves nothing to sub
slst of the convictions and sentences
pronounced, saving only such re-
strletions as are formerly expressed
in this act Of royal clcmencv.
./o"rl,'H lt Palace l, of 1914, 739.
Tins principle of constituting par
dons, amnesties and acts of grace
literally, for the honor Of the soye-
reign and the benefit of the common
wealth, prevails in all codes. It
originally obtained in England,
whose kings were once Of right kings
Of France. and Of the proud, fiery,
and yet generous Norman race. For
everywhere when civil war ends.
the great purpose of the wise ruler
comes to be that peace and the old
feelings of unity, and the old GOOD
humor that should be restored. and
the gaping wounds of the country
healed"
1t is not to England, under tie
Iudors and Plantagenets: under the
cruel, treacherolls, knavish and cow
ardly James |; under the self-willed.
vlndlctive Elizabeth, Jealous almost
to insanity of her prerogative even to
control consclences; under the first
Charles. arbitrary and faithless; or
under the second, fearful of second
great rebellion it is not to the Eng
land of those days-tho England of
JeifrleSand Scroggs, and Of the Judges
who decided that James II had the
dispensing power-that we should
naturally look for generous or lust
law as to treasons and pardons; and
yet we find the great lawyer, Coke,
lntrepldly applying the same princi-
pies that DO so much honor to France.
1t cannot be too often or too emphati-
cally repeated, in what, it is hoped,
VIII be once again a united country,
that "An amnesty or pardon throws
the vell of oblivion over all the past,
eifnces the offence. and makes it as if
1t h'd never been committed. Con
tiscation afterwards pursued is rob
berry, and would dishonor even a des
pot"
1t is stated on good authority that
tho prominent radicals at WASHINGTON
have. in series Of caucnses. deter
mined to call convention of the
States now represented, which shall
determine upon platform antagonis-
tic to the President The name of
Lieut.. Gen. Grant is to be put in
nomination for succession to Prcsi-
dent johnson. In the same con
nectlon, an address fully endorsing
the call for n Democratic Convention
III August, prepared by the consarx-a