The New York herald., 1868-02-25

tor a capital otherwise am0us crime unless upon
sha be entitled 10 far and public By an partial
jury and, ing his accusers, shall have coinFu
sory process Tor Witnesses In his favor d.s aaa
the assistance OF counsel for his deence.
TIE Indictment the public trial, the testi-
moDy OF witnesses. the assistance Of counsel,
the verdict OF the jury and the ud2mant OF the court
all necessary 10 cnvict The accused. Until tat
judgment ID pronounced no foifeiure whatever takes
effect upon the accused. l.have spok has clearly IN
order, II possible to ascertain The precise ruth upon
this matter of forfeiture This view eads ogica y TO
this result The forlei uie incurred by the people OF
Tho south has been precisely what Congress by law de.
cared IL should be before the offence committed, and
congress mas no power, By fac laws or lis OF
slsnaer to dc iare any new or any other forfeiture
Ana now sir, secondly as 20 the conditions OF resora-
ton fbe same law Of Congress- In tho thirteenth sec
iion authorized the President at any time thereafter
at such time and such conditions as he
sn0u'a H' aes" eApsdsnt Tor the public wsiisr". nS
gress ss we'll as by his paramount authority under tho
constitution. President Lincoln aud President johnson,
following his example, restored hundreds OF thousands
to thor civil and political rights, which Congress has
no power to take away by bills OF altander or &c post
fdcto laws As to whA, is meant by those forbidden
of Congress are not lett 10 conjecture tho
Supreme Court say, IN the case OF Cummlngsvs Ms
.oMi. "a Si Of alta nder IS ies.sla.igs act which
inliie punishment without Judicial irial. II the
punishment be less than death The act Is formed
bill OF pans and penalties. Within Tho meaning OF tho
constitution lls VI atander include bills OF pains and
penates" The court also ay upon the authority Of
the great commentator upon The common law, that a
"a
be any doubt up that ye,nt whother stability 10 hold
office is TO be deemed a. puns nent within the mean
ing Of tue cons..ulon ihaI doubt vsnsnos Instantly MS
we call to mind he fac, that such disability il declared
by Coneress 10 DO part or the punish
ment of treason and rebeou; and therefore
after the offence has been committed for Congre bv
law 70 IMPOSE any such disability open, paipable
violation OF tho constitution, which forb ds po faco
punishments and biis of ataindcf, including bills of
pains and penaltiea ibs power 10 pardon vested IN
tho Pre- ident beyond the poxor Of Congress 10
limit or lake away, OF necessity hes at ihs very
nf all nn
az the south In tnis is tho power 10 wipe out
the offence; In this IS the power to blot ous Of
lease iom ior. r.eure 1t Is power ves.sl IN the Ex
ecutye which Congress, In every eloyt II makes 10
issof There is another power vested 10 tho Executive
under the Institution and the la As Of Congress, OF
los imporance-I mean tho power TO war and to
make roacc; TO put dosn toe rebellion and then TO
drbRnd the nrnv IL the constitution had not
done 50 tie AVS passed. By Co,gres' author
time Congress auhor1ed m, first, to millions
OF armed men ana 10 cxpenu 900 to put down
the rbeil.oD and second when ne had dona ina. work
to disbAnd that immense army, return them 10 thor
homes and cease that expenditure In word the Pre-
s.drnt wa, clothed win the rover to make and
maze peace granting amnesty upon such terms and 10
such Persons as ho dsenod proper By the decision Of
the supreme Coun as Conmandcr.in caicf he
esaoilsh proVisio u governments. he had
no power, CoDares has power, 70 establish
cons.utons tor Sta for II s Of tho very Of
republican government tha The people themselves
snoaid torm their own cons. buttons Tho President
h1Heve, oe.0re he withdtsw the army from those
States. had the power ind ed II was his duty 10 know
that the governments lett behind aim raise
new ebellon and therefore Il mat he prescribed
oath Of allegiance exceptei Ttan leading rebels
from taking part IN Their reorganization. Ho did
not assdmJ TO Tx the qualifications voters to
form con- -ttuiions, but oav TO see that those who
voed and took part in restoring the inachncr
OF government under their constitutions had renounced
their rebellion. Tbs was proper Of his dis
cretiop, under the constitution and under ih laws Of
Congress- both in granting a DIN and ty tie
organ oi cleme ncy and in lidgng and deciding when
draw and disba d the army es COMMUNICATE CIief
short, 10 mako peace and IA IN sheathe the
says he has teen /" dicated y Perhaps he has been
educa.ed up to tho y int OF main ning with me
senator from Massachusetts that the states oil tns Sjutn
as State rcbelled II that assumption be true IL does
change To- tho powers of President undrr
the constitution nor under the laws OF Congress a. all
10 woulo give them wider moaning. II he dealing
with Siaics rebels when tommander-n- hief he
was direct ID by Congress 10 draw the sword pat
rebels down. wneu ho had done that to sheathe tho
sword, hs power TO take the surr.nder of States IL
States wore tho rebels, was Of necessity implied The
ana when tina. was done TO return tho sword TO tn
scabbard. II States wore rebels IN no
had a. much power to take thelr surrender as
he hai TO Ia @ ihe surrender OF their armies. All
dsire further say Gpon this point Is the recoasuc-
oa policy o Con rsss whics assumes 10 annu! Tho par
dons legally and consi.uionaly given - an ntoerabe
injustice, papabe violation OF tho constitution wh ch
NJ pr &C ple can justify and good policy excuse I'm
Jaa. story will record IL svsstion of the national
fatb. spoke OF the great injustice OF forcing
suffrage upon the States Of tho South against
VIII the Senator hariy attempts to answer that He
puts aside a. an appeal TO the prejudice OF race Sir,
does not tho seaator know that IL Congress should
tempt 10 io-cs negro suffrage upon the States repre-.
sen ed here against ,heir will t would prob
ABLY overthrow the goverumontp Docs not that
senator know that in some things the senti-
,nen,s, the instincts the prriudices even Of men
stronger and than reason Does he not know
that in essistng. especially la efforts to pacfy a
country disturbed by civil war; hing is TO be more
carefully considered than the sentiments and feelings OF
apsopef In paefyng tbs Indian Territory pro.
vded by treaty that " the Chocisws and Chcsasaws
nttn 4 L..v~
right OF suffrage the shoald have territory
apart Tor th mssvet Can not have equal respect
for the deepseaed prejudces or white the States
OF the South " preludces tbey ore1 Waking peace s
OF necessity executive duty after with foreign
po. BY treaty Of peace negota,ed With the repre-
sonta ives Of that Power by the President and rai.
fed hy the Seoate; aftor against States Or
citizens to suppress rebellion not by trcaty-for
the const tuition ~ treaty aod more than treatvbut
by executing the laws maize in pursuance consll-
tuition aud compelling obedience thcreo; for obedience
TO the laws il peace He is clothed by the const on
With ths power pardon and M we have seen by tho
decision OF the court that power Ia not subject to e2s
stiye 70 friction. In that involved tho whole power
TO make pace with all citizens persons within the
jurisdiction OF tho Unitod States amensbe ts laws In
addition TO that, BY his power rs Commander inc hief
under the constitution and laws he made the Judge
OF the time whom tho rebecn ceased. shetner
the rebels arc 10 be rcsardsd States the Senator
irom Massachusetts contends citizens levy ing war
sganst the United states, as have always maintained
Tho senator's speech Of 1855 tMorop'sl demonstrated
the IDENTITY o. Mr. Johnsons policy with tina. OF Mr.
Lincoln, and la all things justified the policy Of resora-
ton commenced by Nc Lincoln and continued by Mr..
iehnson unsil the meeting - Congress in December,
1900 II ua then the oeralor from Massssn seu s
began 70 PLAY his grand f1'e as master in the
radical schoo OF reconstruction iu the Senate.
lie then prsst ally applied his fr,t los.
son. Il was the same do Tor which the sena or from
Indiana now - ably snas; the sams idea which
nov controls The majority nafaely that under the qua
raniee cause the institution Congress has power
impose negro suffrage the basis Of republican State
governments Then the Senator from Massachusetts
STOOD almost s)Ds. Now every senator then lore and
who supported Mr.. Lincolns admiptstraiion, except
thr"e Lave rsnolnced Mr Inc''ns policy and adopted