, 1866-12-30
In The decisions Of the courts is tlrrc any nj.

In the decisions Of the courts is tlrrc any al-
'@s!on 10 any power in thc
President 10 pardon BY proclamation.
1t issttc 8 general ampcsty. 1ndlcI, the pro-
ne,snrcd doctrine OF tht court that par
don is private act, aud must be delivered
10 urd accepted by the criminal. would seem
10 preclude the idea Of wholesale pardon.
That power. If 1t exists In the President al
nj, exists by virtue Of tie thirteenth section
nf the act Of Congress Of 1862, which dc
tlarcs that "thc President u hereby author
"lzed 1t any time hereafter, By proclamation,
"1o extend to PERSONS who may have partict
"patcd in The existing rebellion in any State
LOT part thereof, pardon and amnesty,
with such exceptions. and at such time
"and on such conditions Us he may deem
"t1pedient for the public welfare" It was
under this provision that Als. lincoln
Uttered amnesty and pardon In different
rroclnmations md on certain conditions,
among others that Of taking the iron.clad
oath; and II Is copteudcd that any person
who can slow that be complied with the
conditions Of the proclamation can plead
pardon, and Is entitled to all the advantages
of personal pardon, delivered and
acceyted. If such be The case, there
is vide difference between the power con-
icrrcd on the President BY tile Constitution
and that conferred upon him By the section
OF the act OF 1862, which the bill advocated
by Nj. Trulnbul1 proposes to repeal This
difference WAS the principal ground Of the
Senator's argument in faynr Of the repeal.
He said this thirteenth section is brosder
than the Constitution It authorizes the
President to grant patdou and amnesty by
proclamation. Let the President have 'such
powers as the Constitution gives bin,
but let us not be party to comforting any
additional powers or any additional facility
upon the President to grant pardons to per.
sous engaged in this rebellion, who have
shown Themselves, after obtaining pardon,
SO undeservIng Of the mercy which has been
extended to them. Let Us repeal that clause
- and II the President does continue to
pardon rebels aud restore their property by
individual acts under the Constitution, let
hin do 80 without having the sanction Of
Congress for bis act.'' These reasons for tue
repeal OF the law in question arc Ger
tainly sound ard substantial. The par
doning power has been so grossly
ABUSED By Mr.. johnson that he should he
limited strictly to the authority conferred
by the Constitution in its exercise.
| Meantime IL is clear that all who have
| purchased property regularly coudseated by
the courts and cold under their decree, can
nnt be divcstcd Of their title. In France, ru-
1 der the civil law, man convicted of trea-
son is held to be dead in the eyes Of the Law,
although physically the criminal may be in
the full possession Of life and vtgor. His
estate is forfeited; ii he has q wife
she IL regarded by the law as q widow II he
has children they arc held as orphans, md
| all this time the deceased husband and father
may be MS hale and hearty IS eFer, aud eat
in" and drinking as mcrslly as thoueh the
Inv had not declared him to be dead II
l'ardoned, the law restores him to life, but 1t
J'.es nut give him auy property OF rights tllnt
have meantime vested in other parties. II
Ills estate has been sold hc cannot &c.
cover it. 1t Lis wife, during his fictitious
srpose in The grave, has mnrried another
Aan, IL pardon does 10. restore to him ANY
OF tho rights ofu husband. In ttis country
the law adopte no such fiction, but it ncser
;hclcss protects third PARTIES, innocent pur
chase.s who lave bought property under tbs
lawful DEGREES Of u court. The title :,iyen b,
the Government, under its conf1scation sales
canrot he set aside by the President, any
morc than can deed duly made and drllv
cred fer a consideration.