Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-10-26
from ilu Nhlluhh lhlrlNs'WNF
The Legal Effect or the Amnesty
Proclamation,

/
1t is understood that information
has been received in this city that
! judicial steps have been taken in
| Alabama to test the effect of the
Presidents amnesty proclamation
upon the right to vote of those com
| ing within its provisions, Several
gentlemen applied on this ground to
be registered, when General Pope
instructed the boards Of registra-
ton to refuse them he privilege. 1t
is understood that Hon. s, +, Rice,
of Montgomery, an eX'Judge Of Al
ALBANIA. who was one of those par
ties, went before the United States
commissioner, and made affidavit Of
the fact with view of testing, in
the United States courts, the con-
stitutionality of the military recon-
struction laws, and the powers con-
ferred by an Executive pardon, 1t
is also reported that the same course
will be adopted substantially in 9th
or sections of the South, but under
different forms, so that the import
ant legal questions at issue may be
expected to be decided at an early
day upon their merits.
Since writing the above our eye
has fallen upon the following in the
Augusta (Ga.) Constitutiona!ist of
the goth instant, which notices this
matter more i'm detail:
Judge Rice, of Montgomery, AL
ALBANIA, has made a personal test of
the practical value of the Presidents
amnesty. Not being able, in con-
sequence of office holding before the
=, war, to take the oath of registration,
he patiently bided his time, and on
the strength and authority Of the
Executive proclamation, took the
oath therein prescribed, which is as
follows:
II do solemnly swear, in the pres
ence of Almighty God, that | will
hencefoith faithfully support, pro
tect, and defend the Constitution of
the United States, and the Union of
the States hereunder, and that |
will in like manner abide by and
faithfully support all laws and proc,
lamations which have been made
during the late rebellion with ref
erence to the emancipation ofslaves;
so help me God"
Under this oath Judge Rice offer
ed to register, and will offer, like
wise, to vote. 1t is the opinion Of
this distinguished iur:st, that every
man supposed to be disfranchised
. by act Of Congress can take the oath
of amnesty, and, in virtue of such
oath, is entitled to vote. The only
exceptions made are such as Mr.
) Johnson has specified in his procla,
nation. The eminent Judge holds
that this action on the part OF indi-
viduals outlawed by Congress emit.
ties them to the "restoration of all
| privileges, immunitios, and rights Of
property, except as to property with
: regard to slaves, and eXceptin cases
of legal proceedings under the laws
of the United States.
i. He further maintains that this
Executive amnesty is superior tc
Q and independent of Congress, mas
much as the Constitution delegates
the power of reprieve and pardon
to the President, and his decision ii
t the premises can only be invalidat
: ed by illegal and revolutionary
f means.
f One of the privileges, then, of the
G late amnesty is the right of franchise
Q This privilege Judge Rice has de-
1 termined to avail himself Of if with
a in the limits of a legal human eff
= fort.
t He goes even further and aver
0 that registration itself is unneces
/ sary in this case; that any person
, complying with the President
e terms of amnesty prior to the day
K of election has the right to vote
4 and should offer to do so. He, how
c ever, out of abundant caution, ap
c peared before the board of registra
= ton, and his example is worthy o
= imitation. The managers may re-
fuse to allow the vote; but they ar
/ amenablo to courts of law, and cal
: be sued for damages.
The Montgomery Mail, to whic|
Y paper we are indebted for the, infor
0 nation contained in this abstract G
/ Judge Rice's opinion and line G
r conduct. commends the Judges pc
r sition to the earliest attention of hi
r countrymen at large, and says:
S "Judge Rice, so far as we are in
:. formed. is the first TO put himselfi
= n position to raise before the court
} the question whether the President
late proclamation does not restor
n the right of voting to even suppose
V DISTINGUISHED citizens who compl
: with il. 1t is to be hoped that a
: of our disfranehised citizens WI
5, follow his example, and thus pt
, themselves in a position to obtaI
If their rights by calm and peacefI
Y appeal to the judicial tribunals.
why should any citizen omit tn
a. opportunity to seek from the court
r. what is denied under the militar
% or reconstruction bills. The wa
). is marked out. Will tho disfran
n chised fail to put themselves in this
Every one CT them ought
e comply with the proclamation D
= fore the day Of election, and there
q spon offer TO vote at the election
in Mis- is what they owe TO themselv'
At and their country.
The fever Is raging with gre