Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-03-01
TREPoRTED FOR THE JOURNAL
AMNESTY AND PARDON.


REApE. J. There were sixteen persons
indicted in this case. They were citizens
of North Carolina, and during the war they
enlisted in the Federal service, and engaged
| in q fight, with arms, with certain of the
Home Guards in the Confederate service !;
and some were wounded on both Sides
| Several interesting questions were discussed
at the Bar as to the regularity OF the en-
| Iistment and of the swearing and mastering
in of the defendants, involving the general
IQrestion, whether they were soldiers IN the
Federal service at all And If they we're,
then, whether they were acting under Or
| ders or were marauders.
But we are relieved from deciding these
complex and embarrassing questions by
reason of the fact, that since the trial be-
low, the Legislature has passed an act OF
! Amnesty and Pardon, which embraces this
case We did indeed, SO far consider the
facts as to enable us 10 determine that the
defendants are not clearly entitled to an &C
quital upon the merits, because, If they
we're, they would be entitled to new trial
to save the costs. But it is evident that
their guilt or innocence is involved IN much
doubt, and we can see no good likely to re-
suit from another trial.
| The conflict of arms and political dlStur-
Dances through which we have passed, have
troubled society to it's deep foundations
Those who are now neighbors have late y
been in armed hostility and met each 9th
er with deadly purpose property and hVes
have been sacrificed those who were IN
command had to compel obedience, and
were sometimes too imperiOus those who
had to serve were worn out and irritable,
and sometimes resistant the rapac1ous
plundered and the innocent suffered. Eve
ry one has something unpleasant to remem-
Der, and many have wrongs to revenge;
criminal prosecutions and civil suits neces-
sarily spring out of such a past. The de-
tails, not to say the exaggerations OF irrita-
| ting facts; the conflict of witnesses; the dis
cJlssiOns between Jealous advocates; the de-
nunciations of parties; the hazard of costs
and damages, and the infections Of punish
ments, would not only keep alive, but would
cause these evils to spread into pestilence.
While so many have I'M uries to revenge,
quite as many have errors to regret and it
will be great public good if the past can
be forgiven and forgotten. In view of this,
the Legislature at it's present session passed
an act which provides:
An act granting general amnesty and
Pardon to all oticers and soldiers Of the
State Of North Carolina, or cfHte late Con-
.fet1erne States armies, or Of the United
States, for afences committed against the
Criminal La'cs ofhse State Of North Caro-
tina.
Be it enacted by tie General assembly Of
lie State of NORTH Carolina, and ii is hereby
en0cted By the authority Of the same, That no
person who may have been in the civil or
military service of the State, as officers or
soldiers of the militia, officers or soldiers
of the home guard, officers and soldiers Of
the local police, officers and soldiers OF the
late Confederate States, or as officers and
soldiers of the United States, shall be held
to answer on any Indictment for any act
done in the discharge ofany duties imposed
on him purporting to be by law Oft the State
Or late Confederate States Government, or
by virtue of any order emanating from any
officer commissioned, or non commissioned
of the Militia OF Home Guard, or local pO-
lice of North Carolina, or any officer com
missioned, or non commissioned Of the late
Confederate States Government or any Of
ficer or soldier of the United States Gov
eminent. Thai no one OF the above named
officers or priva tes, who now are or may
hereafter be indicted for any homicides,
felonies or misdemeanCrs committed prior
to the first day of January, A. D., 1866,
shall be held to answer for the same, but
shall be entitled to a full and complete am
nesty pardon and discharge from the same
upon the payment Of the costs, provided
Of the costs upon any Indictment prefer
red against them from and after the pas
sage of this bill; or in other words, that
no officers or prlvates IN any OF the above
named organizations against whom no in
dictment is now pending, shall be liable to
prosecution for any offence committed
against the criminal laws of North Carolina
prior to the first day of January, A. D.,
1866, as aforesaid
Be it FURTHER enacted, That in all cases
whele indictments are now pending, either
in the County or Superior Courts, if the
defendant can show that he was an officer
or private in either of the above named or
CARNATIONS at the time, it shall he pre-
sumed that he acted under orders until the
contrary shall be made to appear.
Be ii further enacted, That all private citi-
zenS, who, on account of age or from any
other cause, were exempt from service in
any or all of the above named organiza-
tions, who for the preservation of their
lives or property, or for the protection of
their families, associated themselves to-
gcther for the preservation of law and Or
der, in their respective counties or dis
tricts, shall be entitled to all the benefits and
provisions of this act
Be it fut7te, e4acted That no person who
may have been in the civil or military SER
vice of the State, or late Confederate States
Government, Or in the service of the United
States Government, i'll either of the above
named organizations, shall be held liable
in any civil action for any act done in the
discharge of any duties imposed upon him
by any law or authority purporting to be a
law of the State Or late Confederate States
Government
Be it further enacted, That this act shall
be in force from and after its ratification.
Ratified Dec. A. D., 1866
Legislation of this kind has not been I'M
frequent, when occasions of great strife
have made it proper. It is generally
applied to whole classes for the purpose of
restoring tranquility in the State. It is the
gracious act Of the Government towards its
erring subjects. It is the most amicable
prerogative of the Government. Law can
not be founded on principles of compass
sion to guilt: The rugged task of con-
demning and Furnishing is for the Courts :;
the gracious act of forgiving is for the
Grown. Blackstone, 401. Pardon and
amnesty are not precisely the same. A par
don 10 eraDtaH tn ono who ic lu c,,;l