New-York tribune., 1867-09-05
AMNEHTY

1t is said that Mr. Johnson is about to pub
lsh a proclamation of amnesty and the prob
abilities are that it will be pretty nearly uni
versal in its terms. Let us see just how this
matter stands.
BY the act of July II, 1862 the President was
empowered to extend at any time by proclaim
alton, "tO persons who may have participated
" in the existing Rebellion in any State or part
thereof pardon and amnesty, with such eX
"ceptOns and at such time and Oh such cOndi
tons as he may deem expedient for the pub
lie welfare" In accordance with this authO-
rization President Lincoln issued his amnesty
prOclamatiOns of the Sth December, 1868, and
Goth March, 1864, and Mr. Johnson on the Goth
May, 1865, published another granting amnesty
pardon, and restoration of property to all
Rebels, certain classes excepted, who would
take the oath of allegiance. The exceptions
were civil and diplomatic officers and
foreign agents of the Confederate Government,
military officers above the rank of Colonel
naval officers above the rank of Lieutenant
! Governors of States under the Confedcracy
all persons who left judicial stations under the
United States; or seats in Congress, to aid the
Rebellion, officers of the army OF navy who
rendered their designations to avoid duty in
suppressing the Rebellion, military and naval
officers of the Confederacy who were educated
at West Point or Annapolis all persons who
treated unlawfully our prisoners of war; all
who left the United States or entered the re-
belliOus States for the purpose of aiding the
Rebellion, privateers, the Canada raiders, persons
in custody at the time of applying for the benefits
of the amnesty, and all Rebels whose taxable
property exceeds 100000 in value. This is the
offer of amnesty which the United States still
hold out to the conquered Rebels and this is
the most which the loyal people have thus far
shown willingness to grant. On the Sd of
December last, the House of Representatives,
on motion of Mr.. Eliot, repealed the section of
the act of July II, 1862, which conferred upon
the President the power of declaring general
amnesty on the 9TH of January the Senate
did the same, and as the Executive neither
signed nor returned the bill, it became a law
ten days afterward. Thus, the authority of
Congress for the publication of a fresh offer
of amnesty has been explicitly withdrawn.
But can the President make such an offer in
virtue of the powers vested in him by the
Constitution, and without the Intervention of
Congress- We think it very clear that he can
not. The Constitution gives him authority to
grant reprieves and pardOns for offenses
"against the United States" Now a pardon
and an amnesty are two very different things.
pardon is an act of grace exempting per-
son from penalties which he has incurred un-
der the law. Amnesty is defined as "an act
" OF the sovereign poper, the object of which is
" to eiiace and cause to be forgotten crime
"or misdemeanor." Amnesty is abolition of
the offense. Pardon is remission of the penalty.
The sovereign power of this nation is not the
President but the people. The representative
of the people is not Andrew Johnson, but the
National Congress. The President may pardon
individual Oieuders, but tho Constitution gives