Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-09-04

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more upon which / will dwell for a few
moments, and then yield the stand.
That point is this; ! impeach the
policy OF Congress because II violates
the national faith, as we'll as the Con
stiiution OF the Uoited States. in annul.
ling the pardons and the amnesty granted
by Mr.. Lincoln and Mr.. Johnsoa. -.
Here the Twelfth Ward escort, with
lanterns and music, marched up, and
three cheers being demanded for the
Twelfth Ward, they were given mos'
heartily. After the enthusiasm had sub
sided, tho honorable Senator resumed Of
follows
Fellow citizens, / said there was one
point more IN this impeachment upon
which proposed to dwell l lmpeach,
this policy Of Congress as q violation oil
the national faith in annulling the par
dons which had been granted both by
President Lincoln and President Jonn
son 10 the people Of the Sou,h. First oil
all. the Constitution Of the United States
clothes the President with the power. Of
pardon. Congress is not clothed with
any such power at all And the power
which the Presiden, has to grant pardon
is a power which Congress cannot limit
or centrol. Il is an absolute and un'
qualified power, which the people OF the
limited States, by virtue Of the Constiiu
tion. have placed in the hands Of the
President, and in his hands only.
Now, fellow citizens, not only the Con-
.stiturion places that power there, but the
Congress Of the United States have ac-
knowedged the fact that the President
did possess this power; they passed an
act in 1862 in which they authorized the
President to grant pardon and amnesty
10 the D, ople in rebellion, upon such
conditions as he thought proper.
But il is said by some that the people
of South, because they engaged in the
rebellion, forfeited all their righis-their
right to liberty, their right to life, their
right to land. As all the people OF the
South, or the great majority OF them,
were drawn into the rebellion, therefore,
they have forfeited all their rights, asd
become mere prisoners in the hands OF
conquerers.
Fellow citizens, there are two answers
10 this. First, no man forfeits any rights
under our Constitution for any crime that
he has committed until he has been tried
and convicted. That's it-that's the
doctrine.1 The constitution expressly
nroyides that no man shall be arrested
and brought to trial and subjected to i'm.
prisonment and forfeiture. until he shall
first have been indicted before grand
iury: he shall then be tried before q jury
of his peers; he shall have counsel to as
sist him in his defense; he shall be con-
fronted with his accusers, and, until be
has been tried and convicted according
10 the law, he does not forfeit any right
AT all. either in life, liberty, land, or prop
erty, or any right whatever. lCheers
Here is the first answer TO this specious
argument, which is so often used BY shall
low thinkers or shallow writers for the
newspaper press. !,
Bear in mind that, in considering these
great constitutional questions, just the
same as in considering all great ques-
tions of law
" little learning is dangerous thing.
Drink deep or taste not the Pierian sprinr.
The shallow draughts in oxicate the brain
And drinking largely sobers US again"
1t is particularly true in the study of
great constitutional principles. l admit
that a man who commits treason against
the laws of the United States may be sub
iect to forfeiture, and even death; but, IN
order to bring that forfeiture upon him,
he must be indicted, tried, convicted and
sentenced, and then the law forfeits bis
property, and, it may be, forfeits bis life.
But, until these forms of law have been
satisfied. the man who tells you that an
other has forfeited bis rights tells you
what is not true--what is against the
whole history Of our ancestors, struggling
for the rights of Englishmen, as they are
called, viz: the rights of the common
law. the right Of trial by jury, the right
of freedom from arrest in person, and
freedom from seizure, and the freedom OF
their houses-of those great Anglo Saxon
liberties which we have inherited from
our ancestors, after struggle Of five hun
bred years 10 England to obtain them.
These are the liberties which our Con-
stitution guards and secures, and the
man, or lawyer, or statesman--whoeyer
he may be-who stands up to tell you
that man forfeits his right to life, lib
erty or properly under tie laws of this
free land, until be is tried and convicted,
knows nothing of the Constitution or The
spirit which gives it life. lApplause.]
But, fellow citizens, there is another
point. not less clear, which answers ell
this specious fallacy. The psrdoning
power is in The hands Of the President,
under the Constitution, and that depart
n ent of the Government which has the
power to pardon, is the department of the
Government which can make peace with
offending citizens. The power of the
President to pardon extends to all Of
lenses committed against the laws OF the
United States.
He may exercise this power to pardon
Immediately after the commission of the
offense, before the arrest, and before the
trial. he may exercise it at any time
between the arrest and the trial, or the
Judgment. Or, be may wait for judgment
and until sentence is pronounced to ex-
ercise the right to pardon. His power
over that subject is absolutely unlimited
beyond the power of Congress to restrict
or control it in any respect whatever.
When President Lincoln aud President
johnson proclaimed to the people Of the
South that, upon condition that they
would take a certain oath Of allegiance,
they should receive pardon and amnesty,
the faith Of this nation was pledged that
they should have pardon and amnesty,
and Congress has no right or power TO
take it away. lCheers
New that | may not be misunderstood,
that l may make this point clear, so that
every man who hears me may remember
it, propose to read to you the words Of
the Supreme Court upon this very ques-
ton, aud that will be the answer to all
these shallow demagogues who talk about
the whole people Of the South having
forfeited all their rights, although they