Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-06-28
THE EFFECT OF AMSESTIES AND
RARDnNS.

Hon. ALBERT PIKE, Of Arkansas, has
written and Published pamphlet upon the
legal questions arising from amnesties and
| pardons. We extract as follows:
Infamous crimes, like forgery and per
jury, are quite different things from political
ofenses, in which it is failure that constitutes
the crime In the former cases, it Is, with
some reason, held that though the pardon
restores the competency 10 testify, 1t does
| not restore the credit; and was formerly held
that the party could not be a juror. But
no such iniamy attaches 70 political ofienses,
and especially 70 attempts by whole States
| at revolution 10 attain independence, when
| the rebellion, lift be one, becomes civil war.
If the rebellion Of 1875 had been unsuccess-
| full, it would have been pronounced by his
tory a rebellion, and WASHINGTON and his
Generals would have been liable TO the pains
and penalties of treason. 1t is with reason,
therefore, that in respect to such ofienses as
these, the pardon is held to obliterate the
ofense, and make it as if il had never been.
There is not, in such a case, even the des-
pots fear OF assassination 10 induce cruelty.
Republics should be impassjve to fear, and
incapable of cruelty or revenge; and when
they pardon there should be no mental re-
servations or lingerings Of an ignoble anger"
"Procamations of amnesty are made for
the general interest, and are not like indivi-
dual letters of grace, which only relieve
from the punishment, leaving the guilt I'M
affected. The object of an amnesty is, and
its effects should be- TO cover with the veil
&C Oblivion and efface the recollection and
eiie5:s Of convictions or suits to which the
parties amrestied were liable" The Pub.
lie Prosecutor VS.. CHARAssoN cessation,
Journal du Palace 2, of 1889, 552.
An amnesty abolishes the crimes and
ofenses which are the object of it; it efiaces
even the remembrance of them, and leaves
nothing 10 subsist of the convictions and
sentences pronounced, saving only such
restrictions as are formally expressed in
this act Of royal clemency. journal du
Palace l, Of 1874, 739.
"This principle of constituting pardons,
amnesties and acts of grace literally, for
the honor Of the sovereign and the benefit
of the commonwealth, prevails in all codes.
1t 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 a
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.
II is not to England, under the Tudors
and Plantagenets; under the cruel, treach-
erous knavish and cowardly JAMES l.; I'M
der the self-willed, vindictive ELIZABETH,
Jealous almost to insanity of her prerogative
even to control consciences; under the first
CHARLES, arbitrary and faithless; or I'M
der the second, fearful of second great re-
bellion; it is not TO the England of those
days, the England Of JEFFRIEs and SCRoGGs
and of the Judges who decided that JAMES
the second had the dispensing power, that
we should naturally look for generous or
Just law as to treasons and pardons; and yet
we find the great lawyer, COKE, intrepidly
applying the same principles that do so
much honor to France. 1t cannot be too
often or too emphatically repeated, in what,
is hoped will be once again a united coun-
try, that AN amnestyOr pardon hrors the
cell Of Oblon oUer all the past, efdces the offence,
and makes il as II Il had Herer been committed"
Coniiscation afterwards pursued is robbery,
and would dishOnor even despot."