Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1867-09-27
JonNsoN,s AMNEsrr 10 REBEEs

I; is fndisputable that the President
has power, c inferred by the COnstitu-
ton, to grant leprieves and Pirdons
or oaeuses aqaiust the Uiited states,
except IN GUSTS of impeachment" Bat
it is ty no means so certain that he has
,uthority to grant amnesty to puhl1a
lHeGders not conv victed of their crime
In view OF this doubt Congress passed
IN act during the progress Of The war
expressly authorizing the President to
offer amnesty 10 r, bels who might
.bandon the rebellion, repent Of their
scrfme and return TO their allegiance
This was done with the view ofenabhng
he President to weaker the power OF
he rebellion and the act read as fellows:
Ind be 1t further enae' ed That the
Pres dent is hereby authorized at any
time hereafter, by proelamatinn, 10 eS-
Hu,l to persons who may have pafticl-
pated in the existinS rebel iAn In any
STATE. or part tbeUeof, pardon aud ani-
nesEv, With such exceptions, at sncb
5gmes, and on such CONDITIONS as he may
deem expedienJ for public Welfare
BY virtue Of the authority conferred
by this act President Lincoln issued
prcclamatious of amnesty, expressly
stating in said proclamatiOns that they
we're issued in pursuance Ofthe author
ty conferred by Congress-
Now this act was manifestly passed
with view of extending amnesty to
ebels who would voluntarily submit
during the continuance of the rebellion
and not for the purpose Of extending it,
tfteF the rebel ion was subdued, to those
who had dsubmittedonIy by cOmpulsion.
70 prevent, therefore, H $ Aceidency,
Andy johnson from extending the beri-
eftt of this act to all his rebel friends
tfter the conclusion of the war the
rhirty-ninth Congress repealed the
.rbove section of the confscation act
After this repeal johnson no longer
posh essed the power to issue prOelama-
tiuns of amnesty, though be might still
grant pardons and rePrieves 10 convict
ed traitors. Nevertheless he has pro-
ceeded TO issue 3 proclamation granting
amnesty to nearly every rebel in The
country. The act is a fragrant usurpatioD
EJr the most wicked purposes It is an
extension Of amnesty 10 The worst OF
criminals who have never repented oi
their treason, and who viii not even
confess they have committed a crime,
much Il IS ask for pardon. It's an as
sumption by. the Executive of the func-
ions and powers Of the judioIal and
legislative departments Of the govern
mentin palpabIs and bold YiOIatiol OF
the will and law of Congress.
It is also the assumption OfpOwer not
conferred by the constitution. Thai
instrument, as above stated, confers
power to grant Feprieves- and pardons
for offenses against the United States,
except in cases of impeachment" Now
amnesty does no, mean pardon or re-
prieve. Amnesty proceeds from the
sovereign power of the nation and must
be authorized by the highest authority
known to our government which is the
people, or their representatives in Con
gress. Pard0ns and reprieves apply
only to convicted criminals and proceed
from the Executive authority alone
| Pardon remits punishment after con
vietion, reprieve postpones it, while
amnesty obliterates the Offeuse entirely
+ either before Judgement or afterwards
This high authority cannot be assumed
by the Executive under color of the
power to pardon and reprieVe. 1t is
nonsense to talk about his reprieving
The rebels, vet he has as much authority
! to reprieve them as to extend them am.
nesty. The truth is be has nothing Il
do with them except as authorized by
CONGRESS. They are at the disposal o
this great tribunal expressive ofthe will
of the whole people and not an accident
al Chief Magistrate. The attempt oi
the latter to obliterate the .ohenses o.
these guilty men in violation of the
wishes of the people is an outrageous
fraud, a wicked usurpation NVanton
insult. It is an attempt to bolster up
treason in defiance Of law and public
opinion, and make IL respectable