The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1867-07-06
From the Charleston Mercury
The Power of Presidential Pardon.
DOES IT REMOVE Observation-Disclosures FOR
- PAST ACTS?

Is
The following reply was made by Henry S.
Fitch, Es'I., United States Attorney, TO some
citizens Of Savannah who had asked his pro-
fessional opinion on the point whether or not
a citizen, pardoncd by the President, for his
participation in the rebellion, before the pas
sage of these acts, can be legally included
among the dsrranchscd:
SAvASNAM, GA, June 81, 1867.
+. l.. GuE ESQ:
D"rr S"d-lour letter of Yesterdays date
has bccnsreccivcd and duly considered
The time was when your question could
not have been asked without answering itself.
The very condition Of things, however
which now makes it important, also renders it
difficult. cannot give you an official opinion
on ihc subject iur there is no uIiici connection,
between the District .ittorncy and the Boards
of istratios-thomgh | have no hes iation
in expressing professional opinion in COM
pli;l.ncc with your request.
Previous to the passage Of til. act Of March
,, 1857 providing for the establishment of
''Statc governments i'll conformity with the
Constitation of the United States in al re-
spct:s," d.;iranci:cmcnt rs !, punishment for
''p.rticimtinn i'll rebellion was unknown to
ourstautcs, State or national. 1t is only in a
bill ntculc,l to confer universal suffrage '-r.-
saT,llcss of race color or irc:-io;ss condition.
that the principle Of political prescription his
''.cn lcy:s!a.ivc.y recognized.
This i"st nar?aws The circle Of eur inquiry
very much. That eutl, disf.::nclScmcnt WAS
Intended IL . ic;,altv, j. "o PLAIN for debate !;
that j; will l:c enforced us far rs possible it re-
r.'lircs nc prophecy to !orcScc.
Thc simple question: therefore is, what nc
,:.:cticai fleet Of Il part!o received previous
tc !Ae ps.,nuls satlcn II this p'itical disabili-
IS?
The efficacy Of Il pardon has been rcccn,..;.'
diScusscd with great learning before the SUI
prcmc Court of the United States, and en-
pllatically defined by that tribunal in the mat
ter Of A. II. Garland.
The Supreme Court says '.Ihis power of the
President is not subject to the negative control
Of Congress. which cannot limit its effects.
The benign rrcrogatvc Of mercy cannot be adj
vcrtcl by Legislative restriction a pardon
hlots out the consequences OF the offence and
in tho eye Of the law the offender stands as
guiltcss as if he had not committed the Of
fence" This language cannot be honestly
misunderstood, and tho logical conclusions to
be drawn thcrcirom arc apparent
The man who has been pardoncd for his par
ticipation i'll the rebellion cannot by any subsc-
qucnt legislation be legally deprived by reason,
Of said participation of any right or franchise
he may have enjoyed previous to the commits
sion Of the offence. Upon the principle that
what cannot be done directly shall not bc done
inlircctly-tho Supreme Court have also de-
cdcd and that very recently that what would
be ina,lmissiblc by positive enactment, cannot
be accomplished by the obliquity of test oaths
TO cite authorities in support of this principle,
would be a mere ostcntaious display of pc
dantry.
Every objection that was urged and success.
lrly urged before the court against tho power
to compel u ardoncd Attorney by II rctrorac-
tive oath to accuse himself or lorct hi; ollco,a
plies with still greater force ngaiis, the propo-
sition that new man" shall lorswcar himself
or bc denied his most nalicnablc right
The words of a Presidential pardon are
plain-"W hcrcas, a or i, by taking part in
the late rebellion against the Government of
the United States, has made himself liah!o to
heavy pains and penalties, &c. No", there
fore, be it known that |, Andrew johnson,
President Of the United States. do hereby
grant TO the said a or B full pardon and am
ncsty for all offences ly him committed, arising
from participation, direct or implied, in said re-
bcllion."
The acccptor of such a pardon, il an alien,
is rcnvcstcd with all the privileges of an
alion--if citizen, then once more a citizen in
its fullest legal sense.
The only remaining point, therefore, is
whether the elective franchise is one OF the