The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-03-05
CHR WRstarn Dfmofrat.
CHARLOTTE. n. G.
AMNESTY AND PARDON.

The following decision of the Supreme Court,
., ;ts late session, was delivered some days
.oo nv His Honor Judge Reade Its clear and
ant construction of the Amnesty Act, passed at
the nresent session of the Legislature, will be
highly satisfactory to the public, and will set at
rest. we trust, all the unfortunate litigation
which has sprung up in the Western Counties
especially, originating 10 acts committed during
the war We clip the decision from the Will
mington Journal.
SUPREME COURT-FIRST TERN, 1867.
The State Us. VIM. Blaloch and Others
READE, j. There were sixteen persons in
dicted in this case They were citizens OF n orth
Carolina, and during the war they enlisted IN
the Federal service, and engaged 10 fight, with
arms, with certain of the Home Guards 10 the
Confederate service; and some were wounded on
both sides. Several interesting questions were
discussed at the Bar as to the regularity OF the
enlistment and of the swearing and mastering
in of the defendants, involving the general ques-
ton, whether they were soldiers in the Federal
service at all And if they were, then, whether
they were acting under orders, or we're marauders.
But we are relieved from deciding these COM
plex and embarrassing questions, by reason OF
the fact that since the trial below, the Lcgisla-
ture has passed aD act of Amnesty and Pardon,
which embraces this case We did indeed, SO
far consider the facts as to enable US to deter
mine that the defendants are not clearly emit
tied to an acquital upon the merits, because, it
they were, they would be entitled to new trial
to save the costs. But 1T is evident that their
guilt or innocence is involved in much doubt,
and we see no good likely to result from
another trial
The conflict of arms and political disturbances
through which we have passed, have troubled
society to its deep foundations. Those who are
now neighbors have lately been in armed hos
tility and met each other with deadly purpose;
property and lives have been sacrificed; those
who were in command had to compel obedience,
and were sometimes too imperious; those who
had to serve were worn out and irritable, and
sometimes resistant; the rapacious plundered
and the innocent suffered. Every one has some
thing unpleasant to remember and many have
wrongs to revenge; criminal prosecutions and
civil suits necessarily spring out Of such past
The details, not to say the exaggerations of irri
tatiug facts; the conflict of witnesses; the dis
cussions between Jealous advocates; the denun-
Citations of parties; the hazard of costs and dam
ages, and the infections Of punishments, would
not only keep alive, but would cause these evils
to spread into pestilence. While so many
have injuries to revenge, quite as many have
errors to regret; and it will be a great public
good if the past can be forgiven and forgotten.
In view of this, the Legislature at its present
session passed an act which provides:
An Act granting general amnesty and Par
don to all cficers and soldiers of the State of
North Carolina, or of the late Confederate
States armies, or Of tie United States, TOR
offences committed against the Criminal
Laa0s of the State Of North Carolina.
Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted
by the authority of the same, That no person
who may have been in the civil or military ser
vice of the State, as officers or soldiers of the
militia, officers or soldiers Of the home guard,
officers and soldiers Of the local police, officers
and soldiers of the late Confederate States or
officers and soldiers Of the United States, shall
be held to answer on any indictment for any act
done in the discharge of any duties imposed on
him purporting to be by law of the State or
late Confederate States Government, or by vir-
tue OF any order emanating from any officer COM
missloned, or non commissioned OF the Militia or
Home Guard, or local police of North Carolina,
or any officer commissioned or non commissioned
Of the late Confederate States Government, or
any officer or soldier Of the United States Gov
ernment. That no one of the above named off
GERS or privates, who now are or may hereafter
be indicted for any homicides, felonies or mis-
demeanors committed prior to the first day OF
January, A. D., 1866, shall be held to answe,
for the same, but shall be entitled to full and
complete amnesty, pardon and discharge from
the same upon the payment of the costs, pro.
vlded they shall not be taxed with the payment
OF the costs upon any indictment preferred
against them from and after the passage of this
bill; or IN other words, that no officers or pri
Yates IN any OF the above named organizations
against whom no indictment is now pending,
shall be liable to prosecution for any offence
committed against the criminal laws of North
Carolina prior to the first day of January, A.
D., 1866, as aforesaid.
Be it further enacted That 10 all eases where
indictments are now pending, either 10 the
County OF Superior Courts, if the defendant can
show that he was an officer or private in either
OF the above named organizations at the time, it
shall be presumed that he acted under orders
until the contrary shall be made to appear
BE 1t further enacted, That all private citi-
Eens, who, on account of age or from any other
cause, were exempt from service in any or all OF
the above named organizations, who for the pre-
servatlon OF their lives property, or for the
protection OF their families, associated themselves
together for the preservation OF Law and order
In their respective counties or districts, shall be
entitled to all the benefits and provisions OF
this act
BE it further enacted, That no person who
may have been in the civil or military service OF
the State, or late Confederate States Government,
ID either OF the ABOVE named organizations, shall
oe heid liable IN any civil action for any act
done In the discharge of any duties imposed
upon MIN by any law or authority purporting to
be law of the State or late Confederate States
Government.
BE it further enacted, That this act shall be