Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-09-11


given by the Constitution, and the repeal
Of which, therefore, like the original
massage, is a matter of no consequence
or potency whatever, That enactment
was this:
And be il further enacted, That the
President is hereby authorized, at any
time hereafter, by proclamation 70 ex'
tend to persons who may have phruci-
pated in the rebellion in any state or
part thereof, pardo1 and amnesty with
such exceptions, at such times, and on
such conditions as he may deem expe'
dent for the public good.
The President acts under the authority
of the Constitution, which Declares
The President shall have power to
grant reprieves aud pardons for offenses
against the United States, except in cases
Of impeachment
The pretense, therefore, that repeal oil
a wholly useless law, or in other words
that withdrawal by Congress of the
power to grant on amnesty defeats the
rights,is simply absurd, since the author
ity is perfect and ample without legisla-
ton, and the right Of Congress to legislate
at all rests on the same basis, land is in no
wise superior to that Of the President
both having the same foundation.
What further these men may attempt
to do illegally, and by force and vio'
lonce. "outside of the Constitution"
remains to be seen. But tits clear there
is no legal reason for denying the
authority, and no honorable or just
excuse for interfering to prevent the full
and intended effect Of the amnesty
granted by the President.
We subjoin the following extract
from Chancellor Kents Commentaries;
The President has also the power to
grant reprieves and pardons for offenses
against the United States, except in
cases of impeachment. The Marquis
Beccaria has contended, that the power
of pardon does not exist under a perfect
administration of law, and that the
mower is taoit acknowledgment of the
inirmlty of the courts of justice. And
where is the administration of justice, 1t
NAV be asked, that is free from infrm-
ity? Were Impossible, lin every instance,
to maintain a just proportion between
the crime and the penalty, and were the
rules of testimony and the mode OF trial
so perfect as to preclude every possibll-
ity Of mistake or injustice, there would
be some color for the admission OF this
plausible theory. Bat, even in that case,
policy would sometimes require re-
mission of punishment strictly due, for
a crime certainly ascertained. The very.
notion of mercy implies the accuracy OF
the claims of justice. An memorable
government, says Mr.. Yorke, in his
q Considerations on the Law of For
feiture," will not only carry justice in
some instances to the hight of injury,
but with respect to itself it will De dan
gerously Just. The clemency of Masss-
chusetts, in 1856, after an unprovoked
and wanton rebellion, in not inhicting
single capital punishment, contributed,
by the judicious manner in which Its
ciemency was applied, to the more firm
establishment of their government And
this power of pardon will appear to be
more essential, when we consider, that,
under the most correct administration
of the law, men will sometimes fall
prey to the vindictiveness of accusers,
the inaccuracy of testimony, and the
fallibility of jurors. Notwithstanding
this power is clearly supported on prin-
ciples of policy, if not OF justice, Eng
lish lawyers, of the first class and high.
est reputation, have strangely concluded
that il cannot exist in a republic, be-
cause nothing higher Is acknowledged
than the magistrate. Instead OF falling
into such an erroneous conclusion, 1t
might fairly be insisted, that the power
may exist with greater safety in free
states than in any other forms of gov
eminent; because abuses Of the discre'
ton unavoidably confded to the magiE-
trate in granting pardons, are much
better guarded against by the sense OF
responsibility under which he acts. The
mower of pardon vested in the President
is without any limitation, except in the
single case of impeachmeuts. De is
checked in that case from screening
public officers, with whom he might posi-
sibly have formed dangerous or corrupt
coalition, or who might be his particular
favorites and dependents.
We also further append, as interesting
in this connection, the definition of
amnesty from Judge Bouvier's LdD
Dictionary, a work Of eminent merit
and standard authority adapted to the
Constitution and laws of the United
States Amnesty, being less than par
don, is included in it and implied from
Il It was exercised by Washington in
relation TO the whisky rebellion, when
there was no law Of Congress on the sub
iec,, and has also been exercised as a
power pertaining to sovereignty by the
Governors Of Massachusetts, aud Rhode
Island, in the cases Of the Shay and
Dorr rebellions:
AMNESTY, goreYnmeRL an act Of
obliyion Of past offences, granted by the
70 those who have been guilty
OF any neglect or crime, usually upon
condition that they reiDra TO their duty
within 9 certain period.
2 An amnesty is either express or i'm
piled II is express, when 50 declared in
direct terms; and il is implied, when a
treaty Of peace is made between contend
ing parties. Vide Yst,el, liv 4, c. 2, Z
20. II p: Eucyclop Amer. b. l.