Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-10-26

ENAAMNNAN w ANNf N'ffffh 49, u
hearts OF the people, and be emu
lated by thom,
But let us examine this "raw head
and bloody bones of coniiscation,
and see It's l0rco, Property cannot
bo confscatcd until tho owner is
convicted of crime, The people Of
the South are charged with the
crimes of treason and rebellion -
But tho constitution has conferred
upon the executive head of the ma
ton the power to grant pardons for
offences against the government
Under his proclamations of amncs-
ty all who have complied with the
terms prescribed, or who may do so,
are pardoncd. There is only now
very small number who are not
embraced by his wise and judicious
clemcncy. The Supreme Court have
decided that the President may OK
orcisc this power "dt duy time after
the off nee is committed, "either be-
fore legal proceedings arc taken, or
during their pendancy, or after con-
viction and Judgment, This power
OF the President is not subject to
legislative control. Congress can
neither limit the effect ofhis pardon
nor exclude from its exercise any
class of offenders" THE divine pre-
rogative of mercy rcposed in him
cannot be fettored by any legisla-
tive restriction. Such being the
case, the inquiry arises as to the ef-
feet and operation Of pardon. On
this point all the authorities concur
A pardon reaches both the punish
mcnt prescribed for the offence, and
the Guilt OF the offender, and when
the pardon is full it releases the pun
ishment and blots out Of existence
his guilt, so that in the eye of the
law the offender is rs innocent rs if
he had mover committed the offence.
If granted before conviction, it pre-
vents any of the penalties and dis
abilities consequent upon conviction
from attaching. If granted after
conviction, it removes the penalties
and disabilities, and restores him to
all his civil rights. 1t makes him
as it were q new man, and gives him
a new credit and capacity. * *
at is not within the constitutional
power of Congress thus to inflict
punishment beyond. the reach OF
Executive clemency." Such being
the law as expounded by the pres
ent Supreme Court, and the very
few persons not pardonod, renders
this fear of confscation simply n
diculous.
If the two first acts of Congress
touching reconstruction had been
allowed by the military commanders
a fair and just execution, although
unnecessarily harsh,) there would
have been, doubtless, a propriety in
organizing under them. AT any
rate, all the prominent men of the
State, with scarcely an exception,
and almost the entire newspaper
press advocated such policy
There was nearly an unanimous de
sire on the part Of the people to
carry them into effect, to hold a con-
vention, and meet all their require
ments. Even the class Of persons
who were required to be disfran-
chised, and who were rendered in
capable of holding any Office, Fede-
raj or State, lenta willing and cheer
Ell encouragement to the work.
They felt that the sacrifice to be
made of them was nothing to the
restoration, peace, and prosperity of
the country. But the Radical lead
ers ascertained if these laws were
fairly executed, according to their
true intenO Ard. meaning, that there
would be q sufiiuros.t conservative
and truly loyal element Registered
to control their party, and woufa
control both the convention and fu-
ture destiny of the State. Hence
these leaders induced the military
to appoint negroes on the boards oi
registration, with a view to keep
white men from registering ard pro-
cured unlawful and secret opders 70
be issued, which deprived large
numbers from registration who were
clearly entitled under the law
These same men finally induced the
passage of the last act OF Congress,
whc gave the military command
ers, and their faithful adiunc;s, such
unlimited powers as to secure eve
rv thing in their own hands. The
same powers (unless certain omip-
GUS changes in certain quarters pre-
VENT will be given the managers OF
the elections, and even those regis
tered have no assurance that they
will be allowed to vote unless they
vote the Radical ticket Judging
| from past experience, when the con
vention assemblies, no person vii
be allowed to sit in that body, i
matters not how many iron clads h'
can swallow, if the Radical leaders
say he is San impediment" or "aI
obstruction. 1t is to be hoped
however, now that the great re
mover" is removed, and a gentle
man of worth, patriotism and in
teIligence is in his place, that thes
unjust and arbitrary acts will cease
1t is confidently believed and hope'
that the laws will now be fairly cx
ecuted. Such being the results o
a convention, let. there be no fiter
+. ing in the ranks of those who low
? their country, aTd who earnestl.
desire restoration on terms just {
: the people of the State and condu
Give to the welfare aud prosperity {
: the Union. Do not, in a momen
t of weakness or fear, do that q
? which there is no necessity. "
; should sacrifice much to secure pei
: manent and fair restoration. Br
0 the future perpetuity Of the UnioI
. the glory Of the nation, the pros
4 q fl1 ...ar.I