The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-09-08
COLUMBIA.
Sunday Morning, September 8. 1857.
The Amnesty Proolamation

The expected amnesty proclama-
nation has not yet made its appear
ance; but all the indications are, that
it will shortly be forth coming. What
will be its effect as far ms regards the
acknowledgements of the now disfran-
chised whites of the. South, is be-
ing discussed by the pnpers of all
parties. -.-,.,-.---. .---~~~--~---
There could be NO doubt of its. eff
fects in this respect, were it not for
the following clause incorporated
into the Reconstruction Act:
''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 reg er-
ing or voting"
The question now arises, where
did Congress find authority for pass
ing such an enactment? But it
might, with equal force, be asked,
where did it find its authority for
many other of its acts? Whether the
proclamation will be made available
for present issues-whether the COM
manding officers OF the Military Dis
tricts of the South will be directed to
register all embraced in the amnesty,
rejecting those excepted in it--rests
with the President. He'has already
made o most direct issue with the
Congressional party opposed to him.
and this amnesty proclamation is but
another step in the line of march he
has taken up, and he may. therefore,
conclude to make it effective by is
suing orders for a new registration.
OF the power of the President to
graft pardons for all offences against
the United States, there can be no
doubt. The Constitution invests him
with unrestricted authority in that
respect, except in cases of impeach-
ment; and this authority cannot be
taken from him by any Act OF Con-
gress. Pardon or amnesty embraces
and implies forgiveness for offences
committed, and most assuredly ex-
tends to the recipients restoration
to the position they would legally
have occupied, just as if they had
never committed the offences charged
against them. According to the best
authorities, this is the true definition
of the word "pardon;" for if it dc cs
not carry with it complete absolution
from guilt. and disenthraldom from
all the consequences of the offence
which it pardons, it is of no value
whatever. and utterly worthless as
rc-instating the pardoned to his for
mer political and social position. The
restriction of Congress, therefore, in
the matter now under consideration,
as far as reinstatement is concerned,
renders the Presidents pardon or
amnesty utterly nugatory, and Of no
avail to those to whom it applies.
Outside of the constitutional prero-
gative invested in the President, com
mon sense would show any one that
such q pardon, rs to the point re-
ferred to, would be nominal act of
grace, of no saving virtue whatever.
But in another respect, the amnesty
may be of some avail. It check
mates all attempts at confscation of
every kind, and thus puts d complete
estoppal to the designs of those
cliques and leagues who would wrest
land from Southern landowners, for
the benefit Of the freedmen, or more
probably for themselves. This Of
itself would be great achievement
in defence of the Constitution aud
the right. >" " ,odsi 49,. ,,-
Bat again, presuming that this
general amnesty will not affect the
registration, now nearly completed in
every. Southern State, it may affect
the voting that is yet to take place,
If its effec. shall be decided tooen-
franchise the former disenfranchised