The New York herald., 1868-08-17

the U.en who are subjected to it. Now what was
thers In philosophy, In reason. In nature and the
Y s soa ns wcS masss
them capable Of maintaining the republican insutu-
that under favorable some a' negroes
may not be educated to become respectable citizens
But am speaking Of the great mass q this people Of
government to abandon the constitution OF these
State governments themselves. - Now,
policy policy adopted By the government Of the
United States which is to dtsfranchise the in
sgent wnte people s 81 he tne So@ o thou
States into the hands Of these ignorant halr-civi
ized Africans and allows them not on TO elect their
of1cers ana control their State governments, but
have them elect, Presidents to govern you and to
govern me. There Is one point more in this I'm
peach this policy or Congress- as violation Of the
national feeling IN annulling the pardon which had
been granted both by President Lincoln and Presi.
dent Johnson to the people OF the South First of
all the constitution OF the United States clothes the
President with the power Of pardon Congress is
power which the President has to grant pardon is
power which Congress cannot limit nor control.
1t is an absolute and unqualified power. which the
people Of the United Staes by virtue Of the consti
tution have placed in hands OF the President and in
his hands only. Now. el ow citizens, not only the con.
stuton places that power there but the Congress OF
the United States have acknowledged the fact that
the President did possess this power They passed
act in 1852 in which they authorized the President
to grant pardon and amnesty to the people In rebel
llon But 1t IS said by some that the people OF the
South 6esanse they VI he rebellion ho
right to life, their right to land AS all the people OF
the South, or the majority Of them, were drawn into
the rebellion, therefore they have forfeited all their
rights and become mere prisoners IN the hands OF
conquerors. Now, fellow citizens there are two
rights under our constitution, for any crime that he
has committed, until he has been tried and con-
victed. The constitution expressly provides that
no man Shall be arrested and brought TO trial and
subjected to imprisonment forfeiture until he
shall first have been indicted before grand jury He
shall then be tried before jury of his peers He shall
have counsel 10 assist him in his defence He shall
be confronted with his accusers, and, until he mas
been tried and convicted according to the law, he
does not forfeit rights at all, either In ife land
or property or in any respect whatever Now, then,
fellow citizens, here is the first answer to this spe-
cious argument which Is so often used by shallow
thinkers or shallow writer's for the newspaper press.
Bear in mind that considering these great consti-
tutona questions, 1t Is just the same consider
ing all great questions Of law where
Autie knowledge is a dangerous thing
For shallow draughts intoxicate the BRAIN
But drinking deeply sobers u again.
1t is peculiarly true this study OF great constitu
tlona principles. But admit that man who CON-
mlts treason against the laws of the United States
may be subject to forfeiture and to death even; but
in order to bring that forfeiture upon him. he must be
indicted, tried, convicted and sentenced, and then
the law forfeits his property and 1t may be- fOrrets
his life. But, until these forms OF law have been
satisfied, the who tells you that another has fol-
az 9anst the whole history of our ancestors strug-
Cling for the rights Of Engshmen they called,
viz the rights OF the common law, the right OF trial
by ju " the right of freedom from arrest in person
and freedom from seizure and the freedom Of their
homes; OF those great and Inherent liberties which
we have inherited from ancestors after strug-
gle of I've hundred years in England to obtain them.
These are the liberties which our constitution guards
and secures: and the man, lawyer, or statesman,
whoever he may be- who stands up TO tell you that
fOrfelts his right to life, liberty trial under
the laws OF this ree land until ne Is tried and con-
spirit which gives 1t life. But fellow citizens, there
Ii another point not less clear which answers all this
hands of the President under the constitution, and
that department OF the government which has the |
ment which can make peace with the offending cit-
The power OF the President to pardon extends
to all offences committed against the laws OF the
United States. He may exercise this power to par
don Immediately after the commission OF the offence,
before the arrest, and before the trial. He may
ercise il at any time between the and the trial
or the Judgment Or, lie may wait for Judgment
and until sentence Ia pronounced to exercise the
right to pardon after the sentence has been given
HIS power over that subject Is absolutely unlimited
beyond the power OF Congress TO restrict or control
1t In any respect whatever When President Lincoln
pie OF the South thai, upon condition that they
would take certain oath of allegiance, they should
nation was pledged that they should have pardon
and amnesty, Congress has no right power TO
stood that may make this point Very clear So that
every man who hears me may remember IT, pro-
pose to read to you the words OF the Supreme Court
respecting this very question, and that viii be the
answer To all these shallow demag0gues who stand
up to talk about the whole people Of the South hav-
never been tried and although the President of The
United States and the constitution have rendered
them pardon and amnesty upon their complying
In good faith fulfilled. Now, remember, the Ian
guage which read to you Is not my own language;
nounced at Washington. Justice Field read
the opinion OF the Court and every word
yo9ns msn nes sops they win
as read 1t word for word. Some OF those shallow
demagogues say that the President cannot exercise
convicted. The court says he may 'before any pro-
ceedings are taken, and during their pendency, or
power OF the President Il not subject to legislative
control. Congress has nothing to say about It. to
do about II; and. n u undertakes to do anything
ton itself Hear what the court says:-The Congress
neither limit the effect Of this pardon, nor ex.
benign prerogatlve Of mercy reposed In him cannot
be frittered away oy any legislative restriction"
saS Of his
raniSh%en. prescribed for the offence and the the
and blots out the existence OF guilt that In the
eyes OF the law. an offender Ia as innocent as II he
the conviction it prevents any Of the penalties aud
disabilities consequent upon conviction from attach
Ing. II granted after CONVICTION II removes the pen
alties and disabilities and restores him to all his
civil rights, and makes him. as It were, new man,
and gives new credit and capacity This is the
hear those demasogues nowadays say that the pow
er TO pardon IA IN Congresa and not In the President
remember what the supreme Court says about IL.
Tie power TO pardon for all offences is the power
which gives peace, amnesty and restoration OF rights
TO the mass OF the people OF the South. In this
power to pardon Is the power Of reconciliation.
In this power to pardon is reconstruction. II
was In the exercise Of this power. under the
constitution, that Mr.. Lincoln began the res
toration policy Of 1893. After his death, Ia
1868, Mr.. Johnson renewed IL TO all the
States and people Of the South. In pursuance Of
those terms OF amnesty they reorganized their gov
ernments. But when the Congress OF the United
States In 1866 sought 10 uproot and overturn this
constitutional policy, and substitute In ss stead the
radical policy, which declares itself TO De outside the
constitution, AID bases itself upon the union Of the
States and upon hali-oivilized negro basis, they
acted IN violation not only Of the constitution,
but IN violation Of civilization Itself. How much
do you think has cost annually for the last three
years in consequence OF the radicals having over
turned the policy VI Mr.. Lincoln and Mr.. Johnson In
reconstruction Had Johnson's policy been carried
out IN 1865 our army, General Grant said, might,
with few exceptions, have been withdrawn
from the southern states. In the very re-