The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-10
THE PRESIDENTS PROCLAMATION OF
AMNESTY.

| THE pitESIDENT"s PROCLAMATION OF,
AMNESTY.
Tue Presidents proclamation Of amnesty
which we published yesterday, grants full pnr-
| don to all persons who directly or indirectly
participated i'll the late rebellion, excepting
only the following persons AMI classes of per-
snns
| lst Tho Chief or pretended Chief Executive
a:iccrs. Including, .:c President the Yico p-asi-
dent, and all heads ofdeparmonts OF tho protontl-
cl Confederate or rebel government and all WHO
were agents thereof III foreign States countries,
and all who held or pretended to hold i'll the ser
vice of tho said pretended Confederate gororn-
mont, military rink titlo above tho grado OF
Prgadier-Gcncral, or naval rank or titlo above
that Of Captain, and nil who wero, or pretended to
bo, Governors Of States whilo maintaining abel-
ting or submitting to and acqiescing in tho rebel
| lion.
z. All persons who in any way treated otherwise
than as lawful prisoners OF persons who in any
capacity wore employed or engaged in the military
or naval service OF tho United States.
| 8. All persons who ut tho timo they NAV seok to
obtain tho bonc2s Of this proclamation arc actual-
ly in civil military naval confinement or cus-
tody, or legally hold to bail other engaged direct
|
President Of tho United States or in any plot or
conspiracy in any manner thoreEith connected
Tho New York Tribune goes off on n side
issnc, and calling the proclamation an amnesty,
declares that the President has no authority for
| his act, because of the revocation by Congress-
Of its own net on the subject. Grant this to
be an amnesty and the position Of the Tribune
is still incorrect. ''The Constitution author
ICES the President to grant repricyes and par-
dons for offences against the United States cx-
cept in cases of impeachment" Chief Justice
| MARSHALL in the case of MARpuRY va. MAD1
SON, Cranch, 1T8, said, "If the Courts nre to
regard the constitution, and tho constitution is
superior to any ordinary act Of the legislature,
| the constitution, and not such ordinary act, is
to govern" and further on in tho same case
he declares that "it is not unworthy of obser-
walton TINT in declaring what shall be the
supreme law of the land the Constitution itself
is first mentioned and not tho laws Of the
United States generally, but only those which
Shall be made in pursuance Of the constitution
shall have TINT rank" 1t may bo antiquRted
to quote the Supreme Court Of the United
States at II time when military bills, civil rights
| hills, and reconstruction laws are enforced by
sword, bayonet and Artillery, but we love to
believe that virtue is not dead in America and
Tint tho constitution is still q living instru-
ment Which will again lend our entire nation
bnck to its former liberty.
BoUvIEn in his law dictionary lays down
that amnesty and pardon are very different
| though both are the nets of the same authority,
the one causes the crime or mislemoauor TO be
forgotten, the other cxempts the individual
from punishment. A pardon is given 10 one
who certainly is guilty. Amnesty TO those who
may hive been So Tho President pardons
every one who has been guilty Of treason, cI-
cGpt few specially named, on condition that
they comply with certain acquisitions. To
each man is given n special pardon on certain
terms. Had he right TO do this? If the
Constitution is The Supreme law Of the land he
certainly had. If the opinions of the New
York Tribune are tho Supreme law Of the land,
he certainly had not No one will doubt that
Mr. Justice MARSHALL, Mr.. ALEXANDER HAM
rLToS aud Mr.. Justice SToRY are better and
wiser interpreters of the law than Mr. HORACE
GaEnLy and the whole corps of Tribune
|
ready been stated. ALEXANDER HAMILTON
in tho Ftdrrniia No. "a, sayH, in speaking
of the very point now under consideration
"the principal argument for reposing the
power of pardoning in this case in the Chief
Magistrate is this: in seasons Of insurrection
or rebellion there are often critical moments
when well timed offer Of pardon to tho insur-
gents or rebels, may restore the tranquility of
the Commonwealth. Tho loss of a
week, day, an hour, may sometimes be
fatnl." :" If it should be observed" he goes on
10 sny, "that discretionary power with
view TO such contingencies might bo OCCASION
ally conferred upon tho President IL may be
answered In the frst place. that it is auestiena-
BILE whether in limited constitution that power
could be delegated by law" In speaking Of
tho power to pardon, Mr.. Justice STORY says
in his book on the Constitution 3 1904, "the
power of the remission Of fines, penalties nd
forfeitures is included in it. No law
can abridge the Constitutional rights Of the
Executive Department." -! ta.Ea
Let it not be understood that the pardon of
tho President entities o party to register or
vote. 1t RENTS the penalty but it does not
obliternte the offence. If IL did obliterate the
offence it could not affect tho powers assumed
by Congress in it's Reconstruction Acts. Those
Acts, declare who can, and who cannot vote
without any regard to the Constitution. They
have fixed the status of every man Independent
ly Of the President. That they are unconstitu-
tional, we never have doubted, but We are
equally ns certain that power gives to those
Acts oil of the force of law.
|
aADICALIsM,Is IS DESTRUCTION.