Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1869-01-13
XLth Congress.....Last Session.
SENATE

Tuep,y, Jan. ..
SENATE.
The senate assembled at 70 O'Clock.
MIR. Ferry offered a resolution requesting tie
President to transmit copy OF his late amnesty
procnmation. with a statement OF the authority
by which be issued IT.
Mr.. FERRY said that he offered the resolution
because. although he favored the amnesty he
doubted the right of the President TO grant It IN
this sweeping way, and ne W-heu 10 m" ue
question settled
Mr.. Howard was very glad that the attention
Of the senate had been called 10 the ques ion
lie thought it important that the people OF the
United States should know whether the President
had sucha dispensing power as was implied IN
the issuing Of this proclamation.
Mr. Conkling remarked that even in England
of late years, it has never been insisted that the
king had right to pardon ly general prOchma-
ton without naming anybody pardonod. The
Presidents proclamation assumed not merely that
he had a right ~ pardon A. b., charged with an
offence. but not convicted but That he has
right To dispense clemencN To all persons what
ever. IL that assumption is correct, then the
Governor Of New York had % right to pardon and
set free all persons accused or suspected of arson
and burglary or any other crime.
Mr.. DO1little said the supreme court had ex.
prcssy decided in the case OF Garland that the
President has power by general proclamation at
any time after the commission OF the offence, be-
tore legal proceedings, or during their pendency
rs well after as before conviction, TO pardon Of
Tenders, and that Congress had no right whatever
To limit this power in the exercise of which the
President represents the sovereignty oi the pc1-
pie of the United States.
M Conkliug inquired whether &c was decided
ia the Garland ease that the President could par
dom la general terms before conviction.
Mr. Dollittlc replied that he believed that Cur
tttlsr 4lpH rnuprtI Br1plu-
nation.
MIR Ferry asked whether the senator made any
distinction between pardon and amnesty.
Mr. Doolittle said no. The question whether
the persons pardOnel We're named in the prucm.
nation in hi opinion, was immaterial, and had
not been decided hy the court because no one has
thought Of raising it, The President having the
right to pardon one offender had as a matter Of
course a right o. pardon another on several per-
sons together. guilty ar accused Ut the same OF
fence,
Mr.. nayisapproyed the resolution of inquiry
because che subject WIS important but hc
thought there could Toe no doubt Of the right to
pardon before conyictionus well as after.
Mr. Conkling remarked that the decision IN
the Garland case did not ~ So far as Mr. DOO-
little thought it did. The question was not
whether the President could pardon % man for
an offence but whether he could then pardon all
men for all offences \ very important qucs-
ton.
Mr. D1olitte said he had been mistaken in say
ing that Garland was pardoned under general
amnesty without being named, but lac held the
decision in that ease to be that the power of the
President 10 pardon and grant reprieyes, except
in the case of an impeachment is unlimited
The question was then taken upon the r,.sIlu.
ton and it was adopted
The bill for the relief Of Sue Murph, of Deca.
tur. Ala, wa. called up bv Mr. Howe. who alyo-
Gated it,
Messrs Fielinghuy sen, Howard and CJnklm.
made argument apninst il. claiming TINT the nov
eminent was not bound To pay losses infected h,
the war
Mr. Wilson introduced a hill b. amend the ac
entitled an act 81 provide national currency se
cured by pledge OF public stocks, and to pr0yid,
for the circulation and redemption thereof, whicl
WIS referred o. the committee ON finance.
Mr. Stewart introduced a bill To enable the peJ
pie OF Georgia Do organize % republican form ul
3 government.
MIR. Sumner introduced bills relative g. the uI
b tional currency and competency Of wiues-,-
Adjourned
HORSE
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