The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-13


s no longer lawful Congress. but Body OF usurpsn
and traitors Al such they have rights the Execu-
tive 10 bound to respect and the Executive will deal
with them accordingly The Presidents theory 10 that
they nrst nauguate revolution by attempting act
subvsrsive Of the government and upon them will rest
the responsibility of any strife confusion that may
follow.
THE PRESIDENTS LATE ACTS,
following one 90 upon the other naturally have
casioned sensation First OF all, In his veto message
last July, he warned Congress in the following
language :-"whls hold the Chief Executive author
y the United States. while the Obligation rests upon
me to see that all the laws faithfully executed
willingly surrender that trust the powers given
for its execution"
This was seized upon By Boutwell, and other radical
sadsrs the House at the time evidence OF the
Presidents intention TO obstruct the enforcement Of the
Reconstruction laws Everybody recolects the impss.
stoned appeal for impeachment made by Governor
Boutwell, on that day. 1t produced q great
effect making many conservative republicans waver in
their opposition to impeachment Since then enough
has happened 10 stir up the radical blood and warm the
mpribund impeachment monster into life and
strength stantons ensiop, the removal OF sher-
dan sckles and the issuance OF extraordinary and
procamations have followed each other so
rapidly that people scarcely realize the important
changes that have occurred n very few weeks
THE AMNESTY PROCLAMATION
not intended az mere political dodge to catch the
popular favor and enlist Southern sympathy more
strongly in behalf Of the Johnsonan policy. The
President does not intend that it shall be a merely
useless State paper Of nne phrases but empty
effects He designs shall work to the advantage of
the Southern whites by pardoning large class-the
most intelligent, wealthy and socially nauential-and
restoring them their civil rights including that Of
mfr ia he has No
the pardoned rebels excluded by the Reconstruction acts
He claims he has and have good authority for stating
Notwithstanding semofhctal contradictions that the
time far distant when he will enforce his views by
ordering the reopenng Of registration and causing new
instructions to be issued to the military commanders. in
accordance with these views -
CABINET AMNESTY.
On the subject Of the effect of amnesty the Cab s' IL
said to be unit. In the discussion Of the amnes
proclamation the Cabinet agreed that its legal effect
would be to relieve excluded whites from disa-
biy as to the exercise or the right Of suf.
frage. As TO the power under the constitution TO
issue such proclamation, the President enter:ains
doubt whatever The repeal OF the thirteenth sec.
ton OF the act OF July H. 1862 does affect his powers
at ALL He claims authority under the constitution and
that that authority cannot be abridged extended by
act Of Congress- The object of the thirteenth
cotho the Executive with any power, but merely in.
tended by Congress as concllatory act expression
in public way wsre of its desire to invite the
ing brethren of the South back to their aegance-a
of declaration that If the people OF the South sought
pardon and reief from pains and penalties Congress
would gladly receive and welcome them. The discussion
In the Senate al the time of the repeal shows that the
opinions of Trumbul Reverdy johnson and other
prominent Senators agree with that of the President
Reverdy johnson in his speech the 4th Of last Janu
airy said
When tho subject was before US prior to tho recess
asked my friend from Illinois, the chairman OF the judi
ciary Committee IL he proposed to repeal the section
upon the ground that il gave powers to the President
the authority of Congress TO take from the President any
powers which he has The latter question he Of course
recy that the of pardon vested in the President
ns Sa hs mo- S
admit that 1t cannot DO in any limited qualified.
II is vested In him alone in his official capacity as Pres
don't.
In this connection 1t Is worth while to aude, In
passing to Of the arguments put forward by some
OF the leading and controlling minds Of the radical
party, especially the character Of these arguments
necessarily discoses something of the attitude that
party is about TO assume towards the Executive In
OF the important influence that the present
of the President will exercise upon the condition Of
country. have sought opportunities to inquire Of
is distinguished lawyer, what their opinions on the
subject are, and what, in their Judgment will be the
consequences OF such a course.
In relation to the proclamation OF amnesty, tho
opinion be that Mr. Johnson has clearly acted
without shadow Of authority; that he has
usurped the power Of granting amnesty, and mani
fested beyond all doubt his intention disregard the
legislation of Congress- II is denied by them that the
consttd \ gives the Executive power to proclaim
amnesty ley claim that the word amnesty is totally
different In its meaning from the word pardon. The
constitution, they say, authorizes the President "to
grant repreves and pardons for offences against the
United States except In Of impeachment" that
this has reference only OF individuals
either before after trial aDd sentence
by United States courts, and does not in
clude the power to proclaim amnesty, which
10 forgiveness extended to community. and which
necessarily be granted by whole people to por
Of the people, in other words by legislative act
OF the representatives OF tho people.
Mr. Lincoln, It Is urged, by Of illustration, when
he had under consideration the question of issuing .
proclamation Of amnesty believed that the power dele
gated to him by the constitution sufficient to
authorize the act He, therefore, asked Congress 10
confer upon him the necessary authority, which it did
in the thirteenth section OF the Conascaon act This
section repealed at the second session OF the Thirty
ninth Congress- with the express intention OF deprvng
the President OF the power to issue amnesty. Hanco
they say either Mr. Lincoln and the Thirty-nnth Con-
gress wrong or President johnson IL wrong
As TO the effect OF the amnesty proclamation, thsrs
appears TO be unanimty Of opinion among the radicals
No doubt is entertained that It's effect will be give the
right of suffrage TO all the classes included the procIa
nation There Is nothing they believe to prevent tho
President from reopenng the registration lists in all the
military districts and there Is nothing restrain those
whose franchise has been restored from registering AND
having registered from voting. The clause Of the Re-
construction act which declares that no par
don or amnesty issued by the President
shall snttle any person 10 registration or TO
vote they say WILL OF course, be dlsregarded by the
President as being in his opinion just as unconstu