Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-08
THE PARn0NING POWER.

sharp Debate in the senate-Thc Case
Of jefferson Davis-Passage Of the
Bill
In the Senate on the 4th inst, the
Senate having under consideration the
House bill to repeal the 18th section Of the
law Of 1862, the zuhioined proceedings
occurred
Mr.. johnson argued at length in favcr
Of the pardoning power resting solely with
the Executive. he believed it had been
said that the Chief Justice could not pre-
side, because Congress had changed the
circuits but. whoever the fault lay with,
he thought 10 a reproach 10 American
justice that he was kept where he was. If
he-JOhusOn-had been President, he
would have paroled Jefferson Davis. In
his opinion such punishment to men
already subjugated would be called by the
world inhuman. He deprecated harsh
measures towards those in rebellion, be-
iieving a cOnCihatoTy policy would
strengthen the government, while severity
would be disastrous In its results
Such a course would set America above
the world, and we would again be as
brothers, having one flag and one country.
Mr. Howe protested against the charge
Of inhumanitY, and said no government
had been 80 sinned against, and yet was 50
forgiVing. The guilt of the war rested on
the Rebels " bO commenced il, and, though
they had forfeited their lives, they had not
been taken. The Senator had said, if he
were President, he would pardon Jefferson
Davis. If he, Howe, had been President,
he would have tried and punished him.
Davis might die in Fortress Monroe. II
he had been President, be would have died
near there long ago and no feeling of guilt
would trouble him.
Mr. johnson said that in the convention
which framed the constitution there were
great differences Of opinion but it was
finally concluded to vest the pardOning
power in the President alone OF course,
such power could not be given to more
than one department Of the government
1t was granted 10 the President in the most
comprehensive terms, and without limita-
ton. The President had the right to Issue
an amnesty proclamation, and he combat
ted the right Of Congress do SO, and quoted
from Justice Story and others in opposi
ton 10 it. The power to do a thing, he
said, implied the possession Of the means
to do it, which did not rest in the hands
Of Congress. It's power was solely legis-
latiye, while those Of the President were
executive.
THE CASE OF JEFF. DAVIS.
After some further remarks, Mr.. John
son went on to say, party must be indicted
and tried before he could be adjudged
guilty Of treason. II wounded his sensi-
bility as an American citizen 10 see incar-
cerated for two years, on a charge OF trea-
son, a man Of delicate frame, who invoked
and plead for trial Il violated all ideas of
American Justice
Mr.. Howard asked what power the courts
had to bring such a prisoner TO justice,
without an order from the President Of the
United States, by whose order he was in
carcerated.
Mr.. johnson said if he vas prisoner
of war he could not be tried for treason at
all. As to whose fault il was, he said the
President had directed him to be suFren-
dered to the civil authorities.
Mr.. Howard asked whose business ii was
to issue the warrant
Mr. JohRson-The court before whom he
was directed to be tried was bound to issue
the warrant.
Mr. Howard said that was undoubtedly
30, but on the request of the President, his
law officers had given an opinion which
prevented the trial from taking place.
After further discussion between Messrs.
Howard, Hendricks, Salisbury, Trumbull
and Chandler, as to the pardoning power Of
the President and his use thereof, the
amendment of Mr.. Salisbury was lost.
The bill was then passed, yeas 27, nays :;
absent IS Messrs Dixon, Doolittle, Nor
ton, Hendricks, Salisbury, Patterson and
johnson voted in the negative
The section repealed is in the following
Language:
Sec. l3. And be it further enacted, that
the President is hereby authorized at any
time hereafter, b. proclamation, tc extend
to persons who may have participated in
the existing rebellion, in any State or part
thereof, pardon and amnesty, with such ex-
ceptions, and at such times, and under such
conditions as he may deem expedient for
the public welfare.
The bill having passed both houses, it
now goes to the President for his approval.