The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-03-05

after conviction, ana tne Court taxes no notlce
of it, unless pleaded, or iu some way claimed by
the person pardoned; and it is usually granted
BY the Crown or by the Executive. But am
uesty is to those who may be guilty, and is
usually granted by the Parliament or the Legis-
lature, and to whole classes, and before convic
ton. Amnesty is The abolition or forgetfulness
of the offense; pardon is les forgiveness. The
act under consideration is both. It is most
bepifceptly intended, as it is we'll calculated to
lull strife to sleep.
1t embraces all who may be supposed to have
committed crimes or inj uries by reason of their
connection with the late war, whether they
were officers or privates, or whether they were
of the Federal or Confederate forces; and
whether they have been convicted or not.
The propriety of embracing those of both
armies is apparent from the facts of this case.
Those who were engaged in the fight we're
neighbors, and must meet each other, and live
together, either in forgetfulness and forgiveness
of the past, or in hatred and strife. Aud be-
sides, it is to be expected, it is desirable, that
those Of the opposing sections, who are not now
neighbors will, 10 many instances, become so
by removals, and the intercourse of common
people, and the duties of a common government,
will Otter throw them together.
If there were doubts whether the act en-
braces these defendants, by reason of any tech
nical defect in their enlistment into service, We
should still be inclined to give them its benefits,
as acts of grace are to be literally construed in
favor of the subjects, it being the highest re-
spect to the government to suppose that its most
amiable prerogative is not sparingly exercised.
And it will tend much to induce repose to the
public mind, that liabilities for war crimes, and
redress for war injuries are not to be thought
of, and need not be- discussed, either In private
or public.
Ordinarily, pardon must be pleaded at the
trial, or claimed after conviction, and failure
| to do so is waiver of its benefits. But gen
eral amnesty and pardon, must be taken notice
of by the Courts, like any other public law
1t cannot even be waived by the persons en-
braced.
This opinion must be certified to the Cour,
| below, to the end that the defendants may be
discharged upon the payment of costs.
| We perceive no error in the record
NORTH AND SoUTH-The Augusta, Georgia
Consttutionalist says:
| "The sinister pretext for establishing military
despotism in the South is that life is not secure
Crime is made the barometer We have, or
several occasions, demonstrated that for every
murder in the South, We could produce fifty
murders in the North; for every theft in the
South, hundred burglares in the North; fol-
every corrupt official in the South-heaver
alone knows how many rogues in any one New
England State. AS our proof may have beer
rejected partisan evidence, the following testi
mony from the Boston Post will pass muster
| 1t says:
Newspaper Offices have been mobbed-indi
! viduals seized and tarred and feathered, ridder
upon rails, and executive influence interposed tt
shield the culprits from the punishment thu
court decreed. Robberies and murders have
been alarmingly prolifc-garroters, bank rob
bers and burglars have Piled their vocation al
vigilantly here in Louisiana, and with a
much IMMUNITY; but this is goring diaereu
OK, and Mr. Elliot and his Radical friends are
not at all alarmed by the fact. The murder
all around us-in Roxbury woods, in Franconia
n. H., in Auburn, Me.-speak depravty tn
South cannot exceed; while the robberies ii
New York and New England are unprece dente.
in magnitude and numbers If crime be tn
guage whereby to decide upon the right of self
government, New England would be in immi
nent danger of territoriaism, at once"