The Placer herald. [volume] (Auburn, Placer County, Calif.) 1855-1991, 1868-09-26

it have upon tie person and upon his
otfonse, and upon the punishment and the
guilt, also, of the 0ffens8 OF which he may
have been guilty.
"Such being the case. the inquiry arises
as to the effect and operation OF pardon.
On this point ell the authorities concur. a
pardon reaches both the punishmant pre-
scribod for the offense of and the guilt O.
the offender and when tho pardon Is full
it releases from punishment and blots Out
of existence the guilt, so that in the eye Of
the law the offender is as innocent as If he
had never committed any offense. II par
don is granted before conviction, it prevents
any of the penaltie. and disabilities csns9
uuent upon conviction from attaching. Ii
granted after conviction, it removesall pen.
alties and disabilities, and RENTS him to all
| his civil rights. 1t makes him. as it were,
| new man, and gives him a new credit and
capacity"
This is the language Of the Court. This
Is tho language of Justice Field in stating
the opinion of the Court.
And, fellow citizens, in this power to par
don, which is thus placed absolutely with
out any qualifications whatever, In the
hands of the President of the United States,
| is to be found tho power, the all-important
power, the all-sufiicient power, to restore
the people of tho South, who have been
engaged in rebellion against the Govern
mont, to their rights of citizenship, and to
wipe out at tho same time both their pun
ishment, and in the eye OF the law, their
guilt in the rebellion. In this power to
pardon is the power OF pacificahon. In
| this power to pardon is the power to re-
store. In this power to pardon is tho all
| important power which lies at the very
basis OF reconstruction, and restoration OF
peace and harmony to the people OF the
| South, within the Constitution under the
Union.
7 RECOGNITION BY CONGRESS OF TIE PARDON
| ING POWER OF THE PRESIDENT.
! Now, fellow-citizens, Congress-, in 1902,
recognized this power to exist in the Presl-
| ident, in its fullest extent, and therefore
recognized this power In the very law IN
which Congress prescribed the punishment
of tho crime of treason and rebellion, one
! of which punishments was that the party
guilty should never hold Office under the
| United States. In that same law which
Congress enacted declaring what should he
the penalty for rebellion and treason against
the Government, Congress also declared
that the President Of the United States has
full power to grant pardon and amnesty to
the people OF the South upon Just such
terms and conditions as he shall think
proper; not az Congress shall think proper,
but as the President shall think proper.
In pursuance of this constitutional
power, in pursuance OF this declaration
also Of Congress themselves, President
Lincoln. by his proclamation in Decemb Der,
1858, proclaimed to the people OF tho
South the terms and conditions upon which
they should be restored to their citizenship
in the Union, and their rights and their
State governments also. Now, what wore
tho terms which Mr.. Lincoln prescribed !
| read an extract from the proclamation OF
Mr.. Lincoln. Mr. Lincoln. in his procla-
nation, said ~ do further proclaim,
declare and make known. that whenever,
in any of the States OF Arkansas, Texas,
Louisiana, Mississippi, Tennessee. Ala
bama, Georgia, Florida, South Carolina and
North Carolina, number OF persons not
cast at the State and In the Presidential
election in the year of our Lord, 1860, each
having taken the oath aforesaid (Which was
the oath of allegiance 10 the Union, that
hencsforth they would support the OonsA-
tuition and maintain the flag OF the Union)
and being qualified voter by the election
law of the State, existing Immediately be.
fore the so-called act OF secession. and
excluding all others, shall re establish
State government, which shall be repub,,
lican, and In no wise eOuntervening SAID
oath, such shall be recognized as the true
government of the State, and the State
Shall receive thereafter the dement's OF the
constitutional provision which declares
| that the United States shall guarantee TO
every State In this Union republican form
of government, and shall protect each OF
them against invasion"
Here yoa SEQ, fellow-oitizens, that Presi-
dent Lincoln, exercising the authority
which the Constitution gave, exercising the
authority which Congress admitted that he
| possessed to grant pardon and amnesty
| upon Just such terms As he thought proper,
Mr., Lincoln did proclaim pardon and
amnesty to all Of the States OF the South
not then represented in Congress upon the
conditions which were there named, and
among these conditions were that they
should take the oath Of allegiance to the
Government OF the United States, ana
thenceferth lreep that allegiance good, ana
that they should support the nag OF the
Union, and no longer be guilty OF any acts
of treason or rebellion against the Govern
ment. He further declared that II they
would do this, and if the legal voters OF
| those States who were authorized 10 vote
under the laws existing just previous to tho
act of secession, should organize their
State governments, that they should be
recognized and accepted as the true govern
ments In those States.
Pursuant to this authority, the people OF
the State of Louisiana, the State OF Arkan-
sas and the State Of Tennessee reorganized
their State governments upon the terms OF
pardon and amnesty, which were pro-
claimed by President Lincoln, ana in
1861 the representatives Of the State Of
Louisiana presented themselves at wash
ington and asked to be admitted to repre-
sentation In both Houses OF Congress. up
to March, 1865, there was no person OF any
party in this country that proposed to IN
sist upon the adoption Of negro suffrage IN
~ to%o &c <baS o,1tt, fhA DAElS OF re-
construction. But in March, 1865, when
this question arose in the Senate, MI. Sum-
ner. of Massachusetts, proposed an amend
! ment to the bill or resolution, which was
introduced bv Mr.. Trumbull, as Chairman
of the Committee on the Judiciary, "a, an
amendment which l will now READ. inc
bill introduced by Mr.. Trumbull received
the support not only of the Democrats, put
also more than three-fourths Of all the ne,
nnblicans in the Senate Of the United
States, which was to admit the State OF
Louisiana to her representation, and TO ad-
nit her Senators into the Senate in March,
1865. Mr.. Sumner commenced his oppo-
sition to that bill and to that measure, which
WAS a vital measure of Mr.. LincOln's policy
and Mr.. Lincoln's administration. Mr..
Summer commencedlwar upon this policy
and this plan Of reconstruction OF Mr.. Ian.
coin when he introduced in the Senate OF
tba 1Tnited States the amendment which l
now read: s,A
except upon the fundamental conditlon
that within the State there shall be no
denial of the elective frahchlse, OF any
other rights, on account OF co1oI t 1r '1 tbs
but all persons shall DO equal Deiofo '''e
laws" ,;.o.;r,o
of Mr.. Lincoln, in opposition to the darl-
ing measure of Mr.. Lincoln's AdmnlnaaS,
ton, Mr.. Sumner, in the Senate commence
this Radical warfare. But whom ne maze maze
this warfare in the Senate, he could only
got to support and stand BY MS side io nII
| other Radical Senators besides himself Al
the other Republican Senators stooa WIN
Mr.. Turnbull, and stood tor the pollcy -