Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1867-09-19
Presidential Usurpation.

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g.
4ol4o"IuS "unouuIeen0'
"During the deliberations Of the Cabl-
net Friday, ii is understood that it
became evident that, In the opinion OF
every member present, the legal effect Of
the Amnesty Proclamation would be to
relieve all persons included within its
! terms from all disqnalitcati0ns as well
as all penalties incurred by their COM
Plcisy III 'ne laIe LeoeI ~ Snu % course
ernment ia concprnrdl from 1is.SIitv as
to the exercise of the right OF suffrage
We accept this As indictuug the in
te,t NJ ,ba pr.sid.pt'. Pr,crsmation of
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USurpauoh "u" "u''uca|'u Vi INV
Now let US SEE: Congress by ne pend
Ing Constitutional Amcntmrnt [Art.
WV has avnr4ss1y provif.. rh,,
uSvc No nersop shall bra S,,.,,rr
or Representative in Congress, or rg,crar
OF President or NiCe,Presldrnt, or h'dd
any once, clVII o' ulI'IlaIy, enue' az
Onlteu states OF uuGer @uy 0'a,' y" no
having previously 'aNen Al oa,,,' ~ =
nleuloet 0, CONGRESS- OF ~ an oiICe' "'
the o9IIeu states OF "s8 ''le'hoe' %. any
oVSIe LeS's.aVNIt, OF as MI eAecul''' %.
| The Constitution Of the United States
shall have engaged in insurrection or
rebellion against the same, or gwen ald
OI Co'H'oII 10 ne tuehles theIeoI, Dut
o.cS Hnrsa r.ooo,,., 'srcb dissL,Iity
ieieuIOu' '"e VI 'uai i'e1on''i W '''ii
NJ 'n"'ou - i'0o'J ''0' - 0'0''' '''u7
"Fforrtd; That no person excluded
-lolh 'ue P'l''IeSe y. HoluInG olLLoe ny
,T mi ~ IF rho Tnitad statos sb,T Ga
eligihIe 10 election "a y member of the
Convention to frame a Constitution for
any OF said rebel States 'nor shall any
SUCH person vote LOT members OF such
~" eH'i0u
Anu tne ouPP'e'uen'aiy "eoonS'l uo-
ZION AcV OF July ~ 1901 loec' ~ pre-
scribes that
mo person shall. at apy time. be en-
titled to be registered or to vote 'by
reason Of any Executive pardon or am
nestv,' for any act or thing which. with
out such pardon or amnesty. would dis
qualify him for registration or voting"
Luis 10 'N' ID" " 'ne i"nU' DuI 'ue
President assumes hat his will shall
override the Jaw; that he shall dictate
the terms of reconstruction in defiance
orl.w.or IN o+her words that Via .,o,e
~ 800, 1890 '''N
VI HonSIes9 on"'' NC 0ou9AoeleU u Il" az.
count, ana Executive osurpatlon shall
be the ruling power! This appears to
be the end aimed ut by Andrew John
CON
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'o'n'nou''"= oP0" 'NI ie''uen IL ;
Proclamation OF "hoiesaIe PARDON Oh
rebels without any authority of law the
New York Times which sustained John
son to the very verge Of dislovaltv and
or;roo disorOsos tho orbioc+ 90 toliou,s
0'''-'1'
"lhe most eiastlc interpretation OF the
power TO PARDON conferred by the Con-
stltutlon does not talrly Jsstify the pro-
clamauon. The common sense version
|
TO lnalVlhuaI cases, ana deemS IL the re-
mission OF penalty which has been
legally pronounced. Irlal, conviction,
sentence-a!l must precede the Presi'
dents exercise OF pardon, which In the
nature OF tRlngs contemplates excep.
uoOaI circumstances IN mitigation OF
penalties, ana an individual scrutiny IN
relation TO them. what mas this to do
with amnesty What warrant does a
constitutional authority 10 remit penal
ties, decreed IN course OF law, give for a
general act OF oblivion, proclaimed in
advance OF trial, and in direct contra
ventlon OF law
The plea IS probable, that the penal
ties imposed nnder the reconstruction
acts are equivalent to penalties decreed
in ordinary form OF law, and that there
fore the executive power to pardon
comes properly into play. Such con-
structlon, however, is far-tetched and
| obviously inaQmiSSiDle. For II ignores