Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-09-10

Proelamations of Mr., Lincoln of Decenl~
Der Sth, 1868, and Of the 18th of March,
1864, and of that of Mr. johnson Of the
10Th of May, 1865; and is in the spirit
of the proc lamation issued by the latter
when Military Governor of Tennessee in
March, 1862, which was approved Off
eially by President Lincoln and Secre-
tary Stanton, and applauded by the whole
North, as Just and timely The latter
concluded as follows: M ITTTFT
To the people themselves the protection
Of the government is extended. All their
rights will be duly respected, and their
wrongs redressed when made known. Those
who through the dark and weary night of
the rebellion have maintained their allegi-
ance to the Federal government will be
honored. The erring and misguided viii be
welcomed on their return. And while 1t
may become necessary, in Yindlcating the
violated majesty Of the law and reasserting
its imperial sway, to punish intelligent and
conscious treason in high places, no merely
retaliatory or vindictiye policy will be
adopted. To those especially who, in prl-
yate unofficial capacity, have assumed an
attitude of hostility to the government a
fall and competent amnesty for all past acts
and declarations is offered, upon the one con-
dition Of their again yielding themselves
peaceful citizens to the just supremacy OF
the laws.
The document assumes that the condi-
tions for the granting of amnesty have
been fully complied with by the mass of
the Southern people, and confers its
benefits in all their length and breadth.
TIE question however, recurs, will
this Executive release from the penalties
of rebelionrestore the right Of suffrage
On this point, Washington dispatch of
Saturday says;
During the deliberations in the Cabinet
yesterday it was understood to be the
opinion of every member present that the
legal effect of the contemplated Amnesty
Proclamation would be to relieve all per-
sons included within its terms from all dis
qualification as we'll as all penalties in
CURED by their completely in the late re-
bellion, and, of course, so far as the action
Of the general government is concerned
from all disability as TO the right Of suf-
frage
Per contra the Congressional recon-
struction act Of March, 1867, declares
that
No person shall at any time be entitled
TO be registered or to vote by reason Of any
Executive pardon or amnesty for any act
or thing, which, without such pardon or
amnesty, would disqualify him from regis
tration for voting.
Regarding this conflict of Executive
and Congressional authority, the New
York Tribune says:
The President, it is said, is about to is
sue new proclamation of amnesty. 1t is
well to be magnanimous but it does not
follow, even though the Herald asserts it,
that the Presidents pardon nullifies the
laws. The President may pardon so far as
to absolve individual Rebels from punish
imposed upon classes. The reconstruction
acts do not punish in the accepted meaning
of the term, but lay down certain precau-
tions and restrictions, ard these disabilities
the law provides shall not be removed by
reason of any Executive pardon. Mr.. John
son may proclaim universal amnesty, but
so long as reconstruction is imperfect the
disqualifying clauses of the law will be en-
forced
The Montgomery (Ala.) Advertiser of
the 9th also remarks
No one who will recur to the past ought
to be at ali deceived as to what will most
likely be the operation of the proclamation
of general amnesty on the status of those
classes of persons disqualified by acts of
Congress. The Presidents special pardon,
granted under his first proclamation, might
just as well be pleaded to restore those now
disqualified from voting and holding Office
to their civil rights, as the proclamation of
general amnesty. We all know that whilst
Mr.. Johnson's pardons have to large ex-
tent relieved individuals from the penal
ties of alleged criminal offenses before the
courts, his efforts have been perfectly inn
potent for political purposes. Congress
claims and exercises the power to recon
struct on its own terms, and its laws are
being carried out by military force with
the President as Commander-in-Chief at
the head.
In our opinion the section of the law
assuming to interdict the suffrage right
from the effects of amnesty, is unconsti-
tutional and nugatory, and will be pro-
nounced by the Supreme Court As long,
however, as the reconstruction acts are
enforced we cannot perceive how the pro
clamation is to afford practical relief to
the disfranchised Southern people
OF the policy and propriety of its issu-
ance, however, there is no doubt, and its
moral effect will be PROFESSIONALLY
salutary.