Sugar planter. [volume] (West Baton Rouge [i.e. Port Allen, West Baton Rouge Parish, La.]) 1856-1925, 1868-08-01
From the Chicago Times.
AMNESTY AND POLITICAL RIGHTS.

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and in the case of Garland, that TO de-
prive any person of civil and political
rights of which such person had been po-
sessed, because of his participancy in re-
bellion, operated as a punishment Of him ;
and that such p~rivation could not be
lawfully made in this country If the per.
son in interest be included in a full am-
nesty granted by the Presidant. The
Court decided the test-oatbs of Congress
and of the State of Missouri TO be un-
constitutional.
If the decisions Of the Supreme Court
be binding on the other departments Of
the Government and upon The States, the
effect of the late proclamation Of annes-
ty by President Johnson is 10 restore all
persons DISTINGUISHED by the Reconstruc-
ton infsmy every political right Of which
that infamy has deprived them. Mr.. Jus
tice Field, who. delivered the opinion Of
the Court in the case Of Garland, said !:
The effect Of the amnesty is to relieve
the petitioner from all penalties and disa-
bililies attached TO the offence by his par
ticipation in the rebellion. So far as that
offence is concerned, lie is thus placed
beyond the reach Of punishment of any
kind but 10 exclude him by reason Of
that offence from the continuing 10. the
enjoyment of u previously acquired right,
is to enforce a punishment for that of
fence Notwithstanding the pardon" He
also declared the effect Of amnesty TO be
" to obliterate the offence, and place those
pardoned in the same position as if they
never had committed the offence"
In the teeth of this decision, made by
q Court, a majority of whose members
are appointees of Abraham Lincoln, we
fud Jacobin newspapers now proclaiming
such doctrine as the following:
at may as as well be explained, how
ever, that this proclamation does not give
these men any OWL or public rights which
they have lost. The right Of suffrage
and eligibility TO Office are things regu-
lated by law, and not by Executive pro-
carnations. The proclamation is in fact
a barren gift at this time, because there
is no person who has the remotest idea
of prosecuting any person for a treason
able participation in the rebellion. The
amnesty only relieves persons of the le,
gal pains and penalties of treason and
rebellion as f~elonies ; and, by general
consent, that has been the policy OF the
Government heretofore. The abortiye
attempts to try Jefferson Davis are the
only instances Of an attempt to prosecute
any person"
II appears, if the opinion of the Court
be accepted as an authoritative and truth
ful exposition Of the law, that Congress
had no right to impose the test-oath !;
and that, if such a right existed, the oath
could not be enforced as against those
included in the amnesty. Notwithstand-
ing this, the Reconstruction infamy has
disfranchised every person who ever
held civil Office in the Southern States
and who participated in the rebellion
The Constitution says the President may
pardon. He has pardoued. In contempt
of the Constitution, The amnesty and the
Court, the Reconstruction infamy has
shut out the best men of the South from
the polls, that negroes, but little more
than half civilized, may cons toto pos
session of the State Governments.
Under the decision Of the Court in the
Garland and Missouri cases, the question
arises whether the ratification of the
thing called the l4th Amendment will
make the thing applicable to the persons
it is designed to effect. The Supreme
Court says The amnesty releases the
punishment and blots out of existence
the guilt, SO that, in the eye of the law,
the offender is as innocent as if be had
never committed the offence.
"in the eye Of the law" it necessarily
follows that the only man in the country
wis has committed treason or participant
ed 10 the rebellion is Jefferson Davis. The
people are possessed of unlimited power ia
amending Constitutions E; but of what
avail will it be to them to declare that to
exist which has no existence.
In contempt Of law as well as decency,
the whites of the South are placed under
the political control of negroes. The
i4th Amendment is designed to make
negro d%ominancy perpetual. The dema-
gogue who fouled the soup-tureen, wish.
ing to court white influence in the South,
urges the adoption of the amendment.
and at the same time says, " Let us have
peace"
An lrisbman went to confession. and