Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-01-07

BY TELEGRAPH.
WASHINGTON, Jan. 5.

MT. OilCACu q JoAAe
forbidding the landing of any submarine
cable in any part OF the territory OF the
United States, without the consent of
Congress; referred to the committee ON
judiciary.
Mr.. Ferry offered resolution request
ing the president to transmit copy OF
his late amnesty proclamation, with a
statement of the authority by which he
issusd it.
Mr.. Ferry said that he offered the reso-
luton because, although he favored the
amnesty, he doubted the right of the
president to grant it in this sweeping
way. and he wished to have the question
settled.
Mr.. Howard was very glad that tie
attention of the Senate had been called
to the question. He thought it impor-
tant that the people of the United States
should know whether the president had
such dispensing power as was implied
in the issue of this proclamation. lie be-
lieyed that the assumption by the execu-
tive of such power was entirely unwar-
ranted by the constitution.
Mr. Conklin remarked that even IN
England, of late years, it has never been
insisted that the King had a right TO par
don by general proclamation without
naming any body pardoned. The Presi-
dents proclamation assumed not merely
that he had right to pardon a. H.,
charged with an oifense, but not convict
ed. but that he has a right to dispense
elemeIicy to all persons whatever. IL that
assumption is correct, then the governor
of New York had right to pardon and
set free all persons accused or suspected
Of burglary, arson and murder, or any
other crime.
Mr.. Doolittle said the Supreme Court
had expressly decided in the case of Gar
land, that the President has power, by
general proclamation, at any time after
the commission of the oifense, before legal
Proceedings, and during their tendency,
a well after rs before conviction, 10 par
don offenders and that Congress had no
right whatever to limit this power in the
exercise of which the President does rep
resent the sovereign power of the people
of the | nited States. He read from the
decision of the Supreme Court in the
Garland case in support of his argu-
ment.
Mr.. Coukling inquired whether it was
decided in the Garland case that the prcsi'
dent could pardon, in general terms, be
fore conviction.
Mr.. Doolittle replied that he believed
that Garland was pardoned under such a
general proclamation.
Mr. Ferry asked whether the senator
made any distinction between pardon and
amnesty.
s. Mr. Dooltte said no. The question
s. whether the persons pardoned were named
in the proclamation, III his opinion, wa:
lmmaterial, and had not been decided by
the court because no one has thought oi
raising it, The president, having tho
right to pardon one offender, had, as d
matter Of course, a. right to pardon an
other, or several persons together, guilty
or accused Of the same offense.
Mr. Davis approved the resolution OF
inquiry. because the subject was impor'
tant: but he had NJ doubt OF the presi
dents right to grant the amnesty. The
constitution vested such power wholly il
- the president. and not at all in Congress
He Thought there could be no doubt of the
right TO pardon before conviction, a wei
Is after.
Mr. Conklin remarked that the decision
in the Garland case did not 20 so far u:
Mr. Doolittle thought it did. The ques
ton, he said was not whether the presI
dent could pardon man for an otfense
but whether he could thus pardon all mel
for all ohcuses. y very important ques
tiuu.
e Mr.. D1olittle said he had been mistakei
d in saving that Garland was Pardonc,
under general amnesty, without being
10 named but he held the decision in tina
d case to be that the power of the presiden
to pardon and grant reprieves, except II
the case of impeachment, is unlimited.
The question was then taken upon th'
resolution, and was adopted.
Mr.: Wilson introduceda bill to amend
the act entitled an act to provide a nation
al currency. secured by pledge OF publi
stocks. and to provide for the circulation
and redemption thereof, which was refer
. red TO the committee on Finance.
. Mr. Washhurns resolution reciting tn
reports of negligence on the part OF Wells
Fargo * Co. regarding the OVERLAND
mails, and which charges their employe
with rining che letter mails, and move,
that the Postmaster General be directe'
to make no payments To Wells, Fargo 4
Co. until a full aminotion be made int
the contract made with Wells, Fargo \
Co, and into the truth Of the charges o
IL auacial agent of the Postottice Depart
ment, respecting d-e dealings of sal,
firm in carrying the mails.
Mr.. Johnson objected to the consilera
tion Of this resolution at this time.
Mr.. Washhurn said he would move
suspension of rules on Monday next t,
see whether the House would pass TN
. resolution.
T Mr.. Elliott introduced bill which wa
tcferred to the committee on commerce
70 extend the laws relative to the regis
try of vessels.
Mr.. Price introduced bill requiring
railroads receiving government grants L
use non OF American manufacture re
ferred to committee reporting it.
On motion of Mr.. Hooper, resolution
was passed calling on the secretary of th'
: treasury for information in relation to tn,
mechanics and farmers banks of Albany
whether there have been evasions hof law
} and omissions to comply with the nationa
currency act.