Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-09-13


ray The Chicago Times calls atten-
ton to case in point touching the
effect of the Presidents amnesty, in
which the Supreme Court has substan-
tally decided the question. The case OF
Mr.. Garland, lawyer and ex-rebel, will
be remembered as occurring some year
ago or more. Garland was pardoned by
the President A law Of Congress ex-
GLIDING him from practicing in the
courts of the country was objected on his
application for admission to the lar,
and the question of his eligibility there
fore fairly come up for decision. The
very position now taken was then taken
against him by the radical objeetor, viz ;
that the intention of the law was not to
impose a penalty, but rather q disability,
and to guard the courts against officers
lawyers being officers of the courts) who
we're held to be disloyal to the govern
ment. The Supreme Court overruled this
proposition and declared that the law
did impose a penalty, that exclusion
from the privilege of practicing ones
profession and thus gaining livelihood
was such penalty, and that the pardon
released the penalty, and restored Mr..
Garland to his former status as an officer
of the court The same question was
also decided in the case of the Missouri
test oath (the circumstances Of which we
do not so well remember), the court
holding that though the intention of the
law may have been, as contended, to
guard the ballot-box against disloyal
voters, it nevertheless imposed penaltys
and that such exclusion was q penalty
from which pardon released the excluded
party andTestored him to his antecedent
rights The Times draws from its
previous arguments and these decisions
the following just conclusions:
Suppose the district commanders re-
fuse to permit the men included within
the amnesty to register and vote The
district commanders are subject to the
orders of the President He has shown
that he knows how to Gust them, and he
is not afraid to do so. He had purpose
in issuing the proclamation. What was
it2 1t was to save the South from the
horrors of radical and negro misrule.
1t is not probable that he will be folled
in the accomplishment of that purpose
by the characterization of officers whom
he can command.
To be consistent, he should at once
issue, through the general of the army,
orders to every district commander to
permit the whites included in the am
nesty to register and vote. The law OF
Congress DISTINGUISHING and excluding
those men from office is imperative.
Their offense has been oblitersted. They
stand "the same as if they had com
mitted no offense,'" and consequently
laws imposing penalties on them because
of their rebellion do not apply.
1t is now in the power of the Presi'
dent to foil the Jackobins in regard to
the elections in the southern States this
fall. Since his campaign beginning
with the suspension of Stanton, he has
acted with commendable courage and
premptness. Let him finish the good
work thus begun and see if Congress will
take the responsibility of keeping the
southern States out of the Union
another year. Between now and |
December there will be time to
organize those States under the
military bills and elect Congressman.
The President cannot safely recede. |
His only true policy now is to act on the
aggressive and reply to radical menaces
as Senator Wilson said he did reply to
a friend who told him Congress would |
impeach him if he removed Stanton
- Let them impeach and be -"
They will not attempt to impeach, The |
fall elections will give them a quietus.
1t seems now to be thought at Washs
ngton that the President will not order
he opening of the Registrations offices,
out leave the matter of enfranchiSement
% the decision of the courts, which,
when made, he will see executed If
his is so, an individual case will have TO |
De made, and regularly decided on man.
Janus, before the matter is authorita-
lively settled.
psn.- Many of the ablest and most can