Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1867-01-24
rhe Pnr.roninr Isom1r.

The PardoninE POrer
Tho extent Of the pardoning power
Of the President was brought Ia qucs-
ton In the Senate in the discussion,
short time ago, cpon the bin 70 repeal
the 18th section Of the act Of July IL,
1862. which authorized him, by proc
lamatlon, to extend to persons who
had participated in the rebellion, in
any State or part Of State, pardon
and amnesty, with such exceptions
and on such conditions as be might
deem expedient. Tho purpose with
which that act Of repeal was intro
duced was TO abridge the power Of
the President. 1t was shown at the
time, in our columns and In other
journals, that the attempt was one of
those file-biting efforts which only
dull the teeth of such rs practice
them that the pardoning power Of
the President was fixed by the Con
stitution, and could in no manner be
abridged by legislative enactment.
The true sense of the act of July,
1862, was TO indicate 10 the world the
desire on the part Of Congress that
the President should hasten the re-
turn of peace by holding out the olive
branch of reconciliation and complete
oblivion to all who would return TO
their allegiance. The law was meant
to express sentiment, to indicate a
line of policy, not TO confer power
Its repeal by the present Congress,
therefore, could only operate to show
change Of temper--a perversion Of
the feelings which ought to preside
at the deliberations of Congress, but
could in no manner curtail the capaci-
ties which the Executive derived from
the Constitution; that rs General
Washington had declared a general
amnesty without the authority Of
Congress, and each Of his successors
had claimed and exercised to the full
est extent the attribute of mercy, 50
President Johnson could and.ought TO
continue the same, despite the malice
Of the real enemies of the country.
The decision of the Supreme Court on
the l4th inst, in the test oath cases
reviews the subject and maintains the
existence of the power of the Presi-
dent in all its plcntitude, and beyond
the reach Of Congress TO restrict or
qualify in any manner. The Ian
guage of the Court is:
"Thc Constitution Of the United States provides
that the President shall have power to grant re-
prieves and pardons for ohcnses against the United
States except in cases Of impeachment Thepow
cr thus conferred is unlimited. With the exccp-
ton stated, IT extends 10 every ofTcnse known TO
the law and may be exercised at any time after
iis commission, either before legal proceedings
arc taken, or during their pendency or after con
viction and judgment This power Of the pres-
dent is not subject to legislative control. Con
grcss can neither limit the effect Of his pardon
nor exclude from its exercise any class Of offend
crs. Tne benign prersgativc Of mercy rvposcd in
him cannot be iet,ered BY any legislative resiric-
ton"
Having asserted thus broadly the
power, the court proceeded to discuss
the effect of a pardon They say the
pardon not only releases the punish
ment, but blots out the existence of
guilt, so that the slender is as inno-
cent as if he never committed the Of
fense. Tho only limitation is that il
does not restore offices forfeited, or
property which has passed and been
vested in others, but so efiicacious is
the pardon that it cannot be defeated
of its complete operation by the en-
actment Of law requiring any ex-
purgatory oath as condition of adj
mission to Office. Notwithstanding
any such law, party who has been
pardoned may be admitted TO any Of
fec of honor, profit, or trust, without
taking an cxpurgatory oath.
The effect of this decision may be
Of lncaleulable value in restoring the
peace of the country and in furnish
ing a practical solution to the Difficult
ty in the way of admitting members
to Congress from the Southern States,
who are dcbarred by the test-oath of
July, 1862. Should the President de-
clare, at this day, a general amnesty,
every disability with which Congress
has hedged round the restoration of
the States and the people to the full
privileges of tho Union ought to be by
it taken away. No member elected
to Congress could properly be dcbar-
red from his seat by reason of the
test-oath for his pardon, either gen
eral or special, would override the
law exacting the oath, and he would
be at once entitled to the privilege of
membership. at is not within the
Constitutional power of Congress,
(say the Court thus, by means of a
test oath, to inflict punishment be-
yond the reach of executive clemen-
cy." We cannot at present forcsec
all the benign influences which ought
to be wrought upon the country by
this full assertion of mercy in the ma
tional executive. But it is plain to
see that its prompt and wise exercise
offers a ready solution of the Difficult
ties which stand in the way of nation
al restoration, and that through il
there is a door Of escape from tyran-
nous legislation, and a means of com
pleting the representation of the
States, which no faction can long
resist.--Bdltimorc Sun.