The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-09-06

nesty, pardon, and restoration Of property TO I
ell Rebels, certain classes excepted, who would /
take the oath OF allegiance. The exceptions /
were civil and diplomatic officers and /
loIelgn agents OF the Confederate Government |
military officers above the rank of Colonel I
naval officers above the rank of Lieutenant, !
Governors OF States under the Confederaoy, |
an persons who left judicial stations under the |
united states, or seats in Congress, to aid the |
Rebellion, officers of the army or navy who |
rendered their designations to avoid duty in
suppfesslng the Rebellion, military and naval |
oineers OF the Confederaoy who were educated
at West Point or Annapolis, all persons who
treated unlawfully our prisoners of war, all
who left the United States or entered the re-
Deihous states for the purpose of aiding the
Rebellion, privateers, the Canada raiders, per-
sons in custody at the time of applying for the
benefits OF the amnesty, and all Rebels whose
taxable property exceeds S20 900 in value.
This is the offer of amnesty which the United
States still hold out to the conquered Rebels;
and this is the most which the loyal people
have thus far shown a willingness to grant.
On the Sd of December last, the House of
Representatives, on motion of Mr.. Eliot, re-
pealed the section of the act of July IL, 1852,
which conferred upon the President the power
OF declaring general amnesty; on the 9TH OF
January the Senate did the same, and as the
Executive neither signed nor returned the BILL
it became law ten days afterwards. Thus,
the authority Of Congress for the publication
Of a fresh offer Of amnesty has been explicitly
withdrawn.
But can the President make such an offer in
virtue of the powers vested in him by the
Constitution, and without the Intervention of
Congress We think it very clear that he
cannot. The Constitution gives him autho-
rity TO "grsnt reprieves and pardOns for Of
fenses against the United States" Now, a
pardon and an amnesty are two very different
things. A pardon is an act of grace exempt
ing person from penalties which he has in
CURED under the law. Amnesty is defined as
''an act of the sovereign poWer, the object of
which is "tO efface and cause to be forgotten
a crime or misdemeanor." Amnesty is abo-
lition of the Offense. Pardon is remission OF
the penalty. The sovereign power of this
nation is not the President, but the people.
| The representative of the people is not
| Andrew Johnson, but the national Congress.
| The President may pardon individual offend
ers, but the Constitution gives him no authO-
| rits to declare general amnesty. If it did,
| he might nullily every act of legislation tC
the violation Of which any penalty is affixed
| and virtually exercise an absolute veto over
many of the most important proceedings o.
/ Congress.
This proposed proclamation, therefore, car
I only be regarded as the boldest defiance of the
/ people which the President has yet uttered
| He assumes to exercise q power which wa
| only granted him for a time, and then dslibe
| rately taken away. 1t is better for him t
understand that when the people, through
| their representatives, took away that tempo
| raTy authority, they meant to keep it in thei
own hands, and there they will keep it, John
son, Buckley, and all the rest of the nullifer
| TO the contrary Notwithstanding.