The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-09-24


Congress only had the power to make such pardons,
and he questioned whether the President under the
constitution possessed the unlimited power to issue
general amnesty. He also commended that Surratt
Is In no way within the scope Of the meaning of the
cepted from its provisions, both by person and the
designation Of the offence charged against him.
wylie. reviewed the case as it had been pre-
sented. He said the Surratt Indictment con-
splracy on the part Of the def e Inc rst
second and third counts were 80 expressed as to
render II little doubtful whether the intention was
10 charge conspiracy TO abtuct and murder PreSl-
dent Lincoln, or conspiracy 10 give aid and comfort
10 tile rebellion. The fourth and nth counts were
somewhat Inherent. The filth contained nothing but
the charge OF conspiracy the part OF
the defendant to commit an assault and battery.
~ appeared TO the court that the offence charged in
each OF them was misdemeanor. Felony is an of
fence at common law and is followed By forfeiture
o. lands ana goods, or both, and Very Of en- oy cAp
tai punishment, according to old English authority.
In Ine days OF Coke there 100 offences for which
capital punishment might be inflicted that being the
penalty Tor every crime above the larceny OF twelve
shil.nys. such Is the force Of habit and power OF
tradition that we have TO go back to the old common
is imprisonment in the Pentehtiary are
unless Re Salute dcaars It 10 e song n
act OF Congress OF July 1882 declares giving aid ana
comiortto the rebellion an offence to be punished
by ten years. imprisonment in tho pcniteniiary.
This Is misdemeanor because the statute does not
declare It TO be felony. The defendant has put in
The Presdents nl nu Sa m not baa
issued. He IN the irst place put in plea Of not
On Tuesday had commenced he asked AMI ohtained
PERMISSION to withdraw it and nut in specia nlea
q not guilty The special plea amounts to this
den. issued O proclamation granting am.
nesty and pardon to oil persons for all the
AYERS that this is pardon 10 him for ali offences
charged In the Indictment. The plea alleges that at
the time II was put in-the 22d OF September-the
defendant was not under Indictment for treason or
other felony in any court Of the United States having
on the part OF the United states aenurrer ia mt
In. II admits the facts set I'M and that thew are
~ pys" which processes s 70 answer
detective as to one II IL had nea "a r. ali one Of
the Charges IL CONSPIRACY on 4 the mart Of
the Defendant To Commit an assau1It and
battery on President Tinco,r II 10 cartatniv
not contended tnat this r. an orrance emhraced
th,s 1hp vIss = ,S ~ ca DenS t tn aS 70
ground fhen II r. obectea ~ Nv the voyernment
That this plea Z Detective because the defendant
saas tVI or oer In any
nation Of July excerpts from It's operation persons
feonv rainy the sirct rnea o n or 0nef
the procla@aiiOn foI treason Or other felony. Then
pardon: Where plea denies fact, and the denial
ny implication admits another tact, the implication
good must cover the Whole ground. This
plea Is bad unless the view taken by
Mr.. Merrick Is correct The proclamation is open to
ali onenders whenever they shall be released nom
the pursuit of the law from all time hereafter The
proclamation was gracious act; but the sovereign
that grants the pardon must urant il on his own
terms and IL large class are Included In the OFFENCE
he may pardon some and exclude others Those
who are excluded have no right to Complain II
was an act of grace Counsel for the dciendant
argued that this court ia NOT court of comnetent
jurisdiction as referred to In the proclamation: but
the plea by Implication admts that There WAS
an Indictment for treason or other felony
pending in some court, though he did not
correct and this Is not a court in the sense con.
templated and the prisoner is excluded from the
excepted class, then he ought to have pleaded that
on the Attn OF July there no indictment pending
against him for treason or other felony in any United
States court OF Competent iurisdictiOn Tns pea ia
not consistent with Mr. Merrick Is arguments If this
to have ignored the existence Of the Old Indictment.
because n the Indictment was bending 10 no court
OF competent Jurisdiction ON the Attn of July the
plea would be good. The court after reference to
OF the United States aud EnQish and American
authorities. remarked the word amnesty is not used
In the consultation. II ID possible the President
might have the power to grant It, ana the court
would assume II, that the proclamation was ad.
dressed to everybody Offering full pardon and am
nesty for treason against the United states or ad-
question = whether the offence charged IN the ndlct
charged is certainly not treason Is it the offence OF
a1aerins 70 me enemy during the late strugglef
"a ~ snge souhs 40 you ma tnis
ueIenuant charged Win adnering 10 the enemy on
ta s cohs.rucai9n eVn.enaeu ior ny counsel Inc
onence cna.gea - svlns a.u and coHor. 10 tne en-
same thing as adnerng to him, then this proclama.
uon wouiI cover tne case. Mnat Is aahcring 70 an
the enemies OF the government and giving them aid