Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-09-10
THE AMNESTY PROCLAMATION.

THE AMNESTY PROCLAMATION.
We give to-day the proclamation of
General Amnesty to participants in the
late rebellion issued by the President of
the United States on the 8th inst The
preamble opens with the formal declara>
ton of the joint resolution Of Congress,
adopted in July 1861, reciting the objects
for which and the intention with which
the government was prosecuting the war
then existing; and concludes by ans
nouncing that those objects, yiz-the
suppression of resistance to the laws and
maintenance Of the supremacy of the
constitution have been accomplished, On
these premises, and for sufficient reasons
which are cogently set forth, the instru-
ment proclaims, except to certain specified
classes, upon condition Of an oath to sup
port the constitution and all laws in
reference to the emancipation of slaves,
full amnesty and relief from all "disquali-
ications, pains, penalties, con6scations
Except where legal proceedings have
been commenced under the confscation
laws) and acknowledgements incurred
by the offense of rebellion The excepted
classes are the President, Vice President,
Cabinet officers, Generals, Lieutenant
Generals, Major Generals, Admirals,
Commanders, and Foreign Agents Of the
late Confederate government; Governors
Of States in rebellion; maltreaters of
Federal prisoners of war; Presidential
assassination conspirators; and persons
held to answer for crimes against the gov
eminent committed in the interests Of
the rebellion The number excluded can
not be accurately computed, but it is safe
to affirm that it does not exceed one hum
bred persons.
Heretofore we have given the authority
upon which the President acts in this
MISTER It is clear and undoubted de-
rived from the nature Of his Office, and
expressly confded to him in the organic
law. 1t il an indefeasible executive
function, which the authority Of Con-
gress cannot amplify, nor the attempt of
that body to prohibit, cannot impair or
destroy. The Radical argument is, that
the repeal by the last Congress Of the
thirteenth section Of the confscation act
in the words following, precludes the
President from the power exercised:
And be il further enacted, That the
President is hereby authorized, at anv
time hereafter, by proclamation, to extend
TO persons who may have participated in
the existing rebellion in any State OF part
thereof, pardon and amnesty, with such
exceptions, at such times, and on such con-
ditions, as be may deem eIpedient for the
public welfare.
1t has, however, no such effect 1t gave
no power, and its repeal could take none
away. At the time Of its passage twas
conceded to be recommendatory only,
and the Executive is not necessarily re-
strained in his official power, by the
withdrawal of Congressional recommens
dations So much for the legality Of the
instrument; but what of its intent and
practical effects 2
In regard to the first, there can be no
question. 1t expressly declares that it is
designed to discharge from all the PEN
allies, disqualifcatiOns and disfranchise-
ments attaching by statute to the Of
Tense which it obliterates 1t is similar
in import and bearing TO tue Amnesty