New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-18

| ton in question was wholly beyond the consttu-
tional power of the President, and that it can
| have no efficiency to the end sought to be
| reached by il. The operative words are pardon
| and amnesty" the first Of which Is found in the
Constitution and the last is not Inc Constitution
permits the President to grant rePrleves and par
| dOns, not pardon and amnesty. These two words
have been used IN the law LOT hnndrea years ana
| of dispute. They are not synonymous-are eqniva-
Tents They import, as they have always done,
| widey-diferent things Reference to history and
TO standard aw-books will demonstrate this fact.
Pardon, in English law, as it had existed down to
| the time of the formation Of our Constitution,
and as it still exists, was an act of
Executive cemency proceeding personally from
| the King either directly, by slgn-manual
or indirectly, under the great seal to q
| specified person named in it and its effect. II he
chose to avail himself of it to relieve him from the
punishment and losses not already suffered for the
specific crime named in the instrument, lt dId not
look backward but only forward. 1t did not restore
what was lost but RENTED what was yet TO be SUI
fered (See BlackstOne's commentaries. volume a.
Tit Reprieves and Pardons) and so jealous was tho
law of England on the subject, that until compar-
ativey recent date the royal prerOgatve of pardon
was confined TO limited class of officers, in which
morally innocent. and the power was other
wise hedgod about with many other
safeguards against abuse, and not necessarily
to be referred to. The power of general pardon by
proclamation did not exist, and was not claimed by
any English sovereign, as the Committee believe,
after Great Britain had constitution and settled
under and by act of Parliament. from tho earliest
years of the reign of Elizabeth in 1885, until after
the American Revolution. Amnesty was an act OF
oblivion of past oflenses granted by the Government
to those who had been guilty OF crime was on ACT
of sovereign power which etiaced and caused to be
forgotten the Otense itself and 1t made 1t the same
10 far as the public was concerned. if the ofense
had never been committed, and by consequence OPP
Grated restoration of all rights etc, which par
don did not. One instance will illustrate the differ
from and superior effect to pardon 1t purlhed
blood corrupted by attander, and made 1t nperlsh-
able, which pardon did not. 1t was granted Dy
the sovereign power TO whole classes OF offenders
for the purpose of sustaining tranquility III the
State Thus it will be perceived that amnesty Is
larger power than pardon. operating upon lno cfl,d
instead of the criminal and eifectng restoration ana
restitution db nifio instead of merely renting un-
executed punishment, and proceeding like what Is
called general pardon not from the To
sovereign power, which in England was the klng III
and with his Parliament and in the United states
the President. or by two-thirds vote without
it. The clear conclusion IL. that under the
English system of Government no power;
either of amnesty or general pardon, existed
in the King. The knowledge OF these legal terms,
amnesty" "pardon." "reprieve," and OF their set
tied meaning and effect must have existed III the
Constitutional Convention of llS7 that body striy-
ing TO bride all powers of kingly nature, rather
than TO enlarge Them did not choose TO use the word
amnesty at all in the Constitution; but conferred
upon the President the power SIMPLY 10 grant re-
prieves and pardons the one expressing TEN.
pOrary and the other permanent suspension OF
punishment as an individual offender. The Commit
tee further express their views, and reply to the
authorities cited by the President for issuing the
proclamation. and conclude as follows: They are OF
opinion the power attempted to be- exercised In the
proclamation referred TO- TO grant general
pardon Of amnesty by the President, by
proclamation. without tho authority or assent
of Congress, has no foundation in tho
Constitution or laws and that its exercise ought not
to be continued. They therefore report resolution
that in the opinion of the Senate the proclamation OF
the President of the Uuted States, OF the 18th OF
nan 1AfA N fn
to all persons guilty of treason and acts of hostility
to the United States during the Rebellion. with res
toration of rights, ETC., not authorized 10y the
Constitution or laws The subject lies for future
action.
The President yesterday accepted the report OF tho
Government Commissioners on additional section
of 20 miles of the Central Pacific Railroad extending
10 the 5l0th mile post east from Sacramento, and
directed that Government bonds DO Issued thereon