The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-09-09
The Presidents Amnesty PrOclama-
tiOn, and Its Effects.

The Presidents Amnesty PrOclama-
ton, and Its Effects.
The Amnesty Proclamation of the President
reminds us vividly of that curious animal
known as the Ant-eater, which has the remark
able physical formation of length of tongue
which, in proportion to the body, is about as
foot to an inch The preambles to the proola-
nation, when compared with the document
proper, do not, however, approximate as
closely as the physique of the Ant.eater. We
have ten "Whereases," and but one small
Resolved, d" and the final declaration is utterly
impotent to effect the object which is in
tended. 1t is seldom that the verbiage of the
President carries him to such extreme lengths
as it has in the last State document, for really
the effort is as good as a political manual, and
excels McPherson's in giving history of all
the events of the war. The applicability of
the facts quoted has nothing to do with
their selection or rejection. Thus, military
rule in the South is declared to be
dangerous to liberty" and a few medita-
tive remarks on the evil effects of oppression
and a "retaliatory or vindictive policy"
! expressions of the Executive mind have even
the most distant connection with the subject
matter - for we presume that Mr.. Johnson
can scarcely believe that the evils complained
OF can be remedied by his pronunciamiento. But
the opportunity could not be allowed to pass
and we have the reflections of the Presidential
intellect on the subject of rebellions in history
nf x1i1I fhaY, xuSt {ba
Difference which their source demands.
Whatever may be the form, the object to be
attained has been attempted, so far as the will
of Mn. Johnson can extend; and it is well for
us to look at the practical effect of the docu-
ment, and also at the attitude in which the
President puts himself by issuing it. So far
as the result to be achieved is concerned, the
proclamation will fall powerless. It's practical
effect will be entirely null and void. Even if
it could work all the results intended, it would
only reassure the Rebels in the possession of
their property, and prevent their arrest in the
future. And as their property is not threat
ened, and their lives not in the least danger
it will have no appreciable effect. 1t might, if
it was lawful, act as bar to suit in the
future; but then, as no suit is threatened, we do
not think that much value can be attached toit.
So far as the right of suffrage is concerned, it
will be perfect waste paper The law of Con-
gress directs the registers to admit to registrs-
tion only certain persons, and among the
qualifications necessary is that they shall not
have committed certain crimes against the
United States. The pardon of these
crimes does not blot them out. They
remain still crimes in fact, and until the qualf-
cations for registration are changed by law, so
long will they be excluded from the right of
suffrage. In order, however, that no doubt
whatever could arise, and that the law might
not be evaded by the Executive, the last
clause of the Supplemental Reconstruction
bill distinctly states "that no person shall at
any time be entitled to be registered or to vote
by reason of any Executive pardon or amnesty
for any act or thing which, without such par
don or amnesty, would disqualify him from
registration or voting''-so that even if
the right of the President to issue such
proclamation was unquestioned, the
effect would not delay reconstruction. But
it is nice question whether the Executive
has any such right. True, the preamble cites
instances in which that right was exercised,
but then it was done not under provision of
the Constitution, but under a law of Congress
which especially authorized the Executive to
grant such an amnesty. This law, passed July
IL, 1862, was repealed December 3, 1866-so
that, whatever right might have been
vested and was exercised under it,
| ceased to be within the control of the
President nearly year ago. So Mr.. John
sons last effort is based solely on the consti-
tutional provision, and is without precedent in
the history of our land. All its predecessors
have been under Congressional law, and the
right of the present manifesto rests on grounds
entirely distinct from any other. Now the
Observation-Disclosures 2, section 3-gives the
President "power to grant reprieves and par
dons for offenses against the United States,
except in cases of impeachment" What,
then, is a pardon, and under what circum-
stances can it be effcacious A pardon is de-
fined as "remission of fault or crime'' In
order, therefore, to make a pardon effective
there must be criminal. There can be no
forgiveness until fault is committed, and the
! only way in which a man can be known as a
criminal is when he has been convicted by
legal tribunal of the ofense. Until conviction
every man is presumed to be innocent, and to
an innocent man a pardon cannot apply.
| Therefore, the only persons pardoned by Mr..