The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-09-23

that the District Attorney in June last,
although he had himself written to the Attor-
ney General the opinion that the murder in.
| diotment could not be sustained, and had h ad
possession for nineteen days, the letter OF the
Attorney General, which hc now brings forth
As reason for entering the noiic .prosequi, yet
thus prevented Surratt, beyond peradventure,
from receiving the benefit Of the 4th OF July
amnesty. Under these circumstances he
| thought that the technicalities OF the case
should be considered in the light Of the fact
that morally speaking that amnesty clearly
| applied to Surratt.
| Mr.. Merrick alluded to the Importance OF
the question In issue ~ involving the con-
struction Of the amnesty proclamation, and of
vital interest to a large number Of our fell
throughout the Indictment was engaging In
| the rebellion and giving aid and comfort-all
| the circumstances by which the crime charged
was carried out-while they were necessary
to give the defendant notice of the overt acts
| relied on were, In themselves, no portion of
| the offence charged Ia the indictment. Nor
the statute so declared II to be, or II came un-
| der that class OF cases furnished at common law
/ by loss Of life or member. This indictment did
not even undertake to charge this offence as
Mr.. harrington quoted authorities to show
that u an offence be felony a party could he
| convicted thereof, even though the indictment
did not allcgc 1t TO be ieionious.
Mr.. Mcrrick had not said that that would be
| n bad Indictment. He had said that II n mis-.
aemosnor were charged asa felony, such nm
| Ing that grants OF tho sovereign power should
be construed most strongly against the sove.
| reign.
The Court. q, yes, psrdons must DO con.
strued literally for the grantee,
MI. NJ. quo ed a number OF English cascs
m Chitty's criminal law, or elsewhere, rs sus-
| taining this doctrine as we'll AZ Bacon abridg-
ment title, pardOns, and 10th Arkansas Hunts
case. He proceeded to examine the proclama-
tion OF nmnestyi the President there p.rdons
enemy" 1t 10 evident here that tho President
meant to pardon something beyond the class
embraced In tho word "treason.n But "adher-
Ing to tho enemy" Is technical treason, and If
that phrase be conf med within its strict son-e,
" Is tautology, and means nothing more than
the previous word ''treasonn meant But IL
| 10 evident that the President intended to par
don something beside treason, for he has gono
further, added other words, and dcsignates
something further which he intends to pardon.
President only BY following a liberal con- %c
struction of the proclamation, and understand
ing the President to pardon "cngaging In tho
the enemy"
But he would go further; II Surra,t was
guilty of adhering to the enemy he was guilty
OF treason, and In that aspect OF the ease was
pafdoncd by the proclamation. The supreme
court had decided, In Bolman's case, that al
though a man were not present, yet Il he was
engaged In the work he was guilty Of treason.
II that was law, this indictment charged trca-
son, and was barred by the amnesty, unless
the defendant came under the exceptions.
He cOntended that IL the words Of the proc
lamatiOn be alone regarded, II would be an OK
ample Of hdrrt In hicrd, hTrei in cofice, (who
sticks to tho letter, sticks to the BARK lie
urged that as the dictates OF charity, justice,
and the bencilcent spirit Of the law, that the
very moment the indictment, which alone
stood between him and executive clenlency,
fell that very moment the amnesty attached TO
the defendant, as 1t did to the rcst OF. his fcl.
low-cltizens who had engaged in the rebellion.
Tho words Of the proclsnat on excepting
from it's benefits persons under Indictment
sin the United Sta,es courisn would help to
explain the intent OF the President.
This court was Unitcd states court. but
Surratt, being charged W tn committing muir
der In Maryland he would have been tried,
not In the United states court but in state
court, and consequently would not have fallen
under the exceptions to the amnesty. But IL
the offence charged against him had been one
under tho laws OF the United states he would
tried In a United STATES court. This view OF
tho question showed that the President In.
tended to except from the amnesties persons
charged, not with common law offences, but
with such "trcasons or other fclonics" rs were
triablc in United States courts alone. Any
other conclusion would neceBsitate giving ia
the proclamation different effect to the proc.
lamation In tho District of Uolumbis from
that which 1t would have In state, which
NO one can suppose to have been the intention
At this point, the hour OF adjournment hav.
Ing arrived, Mr.. Mcrrlcr gave way, and the
court closed until this morning.
THH RIvER FRoNT-Stcam tugs were In
great demand yesterday, owing to the dead
calm which prevailed, and a number of ves.
sells were towed out. Excursions are at allow
cbb, tic steamer Arrow, StackpOlc, being the
only one that made an excursion trip during
the day. She left her wharf at 10 q. nj. having
aboard q select party for Mount Vernon
Last night the ferry steamer city Of Washing
ton made an extra trip to Alexandria, having
aboard the various Republican clubG OF that
city who participated In the grand Grant and
Yard.
The following la a lIst of arrivals and de
parturCs at the various wharvcH.
Carriers observation-disclosures Nanti.
coke, Williams, for Havrc-dcLirace, light
Phehe S. Williams, Spaldins, for the same
Riley; WharJ-Ssilcd: Schooncrs NJ Fardy
Hooper, for Salisbury, light Ocean Queen
cheshire, for st. Mary's, light; Susan brown
Johnson, for virginia, lighti Pocomoke, Thorn
American Eagle, Ohiseitne do; Gubs, Barnes
do; Marcellnine, Trader, do.
lopicr's iPhGrJ.-.Arrined; Sohooners sarah
q. Smith, Banks, from Philsdclphia, with i2l
tons of coal for the Washington and George
town loo Company Sailed; SchooncrB John
Wcthcrod, Green, for Ilnvrc-dc Grace, light
uhsIlcs A.Joncs, for Georgetown, to load GOA
for Boston.
fdys WhGry - Arrived: Steamer Virginia.
Gregg, with wood for market schooner viii
ket. Sailed: Schooners Jennie Baker, Head
ley, for Quantico light; Thomas H. Carroll
lienzon, Tor Quantico; Great Pirate, King, TuI
Neabsco creek, light.
BcTEs Whdrf-SAilcd: Steamer III Living
ston, Wilson, for Baltimore and intermediate
GuinGnd'S HhdrE-Arrlvcd: Schooner -Four
| BOys, Murdoch, with wood, for WinBor n
Ford schooner Julia +. Willcts, Raylcs, with
blue stone, for Myers schooner Rising Sun,
| CLARK, with wood, to market schooner Chas
uBkill, u. w Dutton, with coal, for VIM. II
Barbour n 90. Sailed; Schooner Sarah Ellen
Shannon, light.
FINED AND HELD TO X RKr TIIE PKAUE.-Yes
tcrday, between u aud / o'clock In the after,
noon, tho attention OF Major Richards was at.
trnoied to number OF persons on the corner
of j aud Fifth streets, two Of whom appeared
to he vergins on the bcligercut. Before the
Major could reach the spot, ono named W. -
filkeTBon made dash At AnOthcr man named
John l.. Hawkins, a clerk In the War Depart
ground, tearing one OF the sleeves nearly out
OF his coat. The parties were immcdiately
| arrested and taken before Justice Walter,
| when Hawkins stated that he had married the
sister of GilkcrsOn, and that she had been
living for some time with another man At
had applied for = divorces and yesterday Oil.
kcrson assaulted him in the courthouse, and
| again when he was arrested. 1t appears that
his wife was In oomnany with her brother
yesterday, when uilxorBon says Hawkins
charged her with living with another man,
| and hence the asSsult.
A four-barrcl Sharp pistol was found on Oh.
kcrson, and he was fined 40 for carrying II;
and MI Hawkins stated under oath that he
| felt that his life was In danger, and Mr. Oh
| kcrson was hold to bail In tho sum OF $500 TO
keep the peace.