The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-01-06
WASHlNGT
REASSENDLING OF CONGRESS-.
The Authority for the Recent Am
nesty Proclamation Called
for by the Senate.
Speech Of Mr.. Window in the House on
the Pacific Railroads.
WASHINGTON, Jan. s, 1869.

WASHINGTON, Jan. s, 1869.
The Presidents Amnesty Proclamation.
Senator Ferry took occasion to-day to revive the
old question as whether the President has author
ity TO issue proclamation Of general amnesty. In
the words OF his resolution, "By what authority Of
law, was the last proclamation issueds The answer
OF the President to this inquiry will be that the pro-
clamaton itself gives his authority In FULL and that 1t
is derived from the highest law In the and-the
sttution Of the United States The second section OF
the second article of the constitution states that "he
he President, shall have power to grant reprieves
and pardons for offences against the United States
except In cases OF impeachment When Mr.. Lin
coin issued his proclamation OF amnesty on the sth
OF December, 1868, he began IL with the following
words:-"whereas, in and by the constitution
Of the U nited States,I it is provided that
the President shall have power to graut reprieves
and pardons, for offences against the United
States, except in cases Of impeachment
it is well known that Mr.. Lincoln held the
authority above quoted to be an all sufficient
warrant for the issue Of o proclamation
Of pardon and that he regarded the thirteenth
ton Of the act to suppress insurrection, &C., ap
proved July II, 1862, as merely confrmatory Of the
Presidents power to pardon offences against the
United States and not as being necessary to enable
him to grant such pardon, for In the 1rst clause OF
the proclamation referred to. he says:-"whereas,
laws have been enacted by Congress declaring that
the President was thereby authorized at any
time thereafter by proclamation TO extend
to persons who may have participated in
the existing rebellion, IN any State or part thereof,
pardon and amnesty; and whereas the Congress
siona declaration for limited and conditional par
don accords with well established judicial exposition
OF the pardoning power; therefore, !, Abraham
Lincoln, President Of the United States do proclaim
declare and make known to all persons who have
participated in the rebellion that full pardon Is
hereby granted to them ana each OF them" In the
debate that occurred on the repeal Of the thr-
teenth section OF the act approved July II,
1862, Senator Trumbull declared that the Sec
ton In question neither added to nor detracted
from the power to grant repricves and pardons
vested in the President by the constitution Presi
dent Johnson also holds that all the authority requi
site to issue proclamation OF pardon and amnesty
is given to the President by the constitution, and
that neither the passage Of act Of Congress nor
its repeal affect 1t. He holds that 1t will scarcely
be denied that the power to grant pardon is con-
ferred by the constitution, for that very word Is
used. The only doubt that exists seems to be In
reference to the word amnesty. Therefore, 1t
cannot be denied, treason being an offence
against the United States, that the President has
power to pardon single Individual, or two, three
or dozen, and in truth there is no law limiting the
number that may be included in pardon. Conse-
quently there can be question to his right to
issue o proclamation Of pardon, mentioning by
name every person who was concerned In the re-
bellion. The only difference, then, between such
proclamation and the one that was issued Ia that
the persons pardoned were not named. The two
words pardon and amnesty are regarded by the Pres
dent as synonymous terms; pardon used In the sense
OF renting the penalties for an ofence or crime
committed, ana amnesty as the removing or blot
ting out Of the offences Of number Of persons-in
short, general pardon. proclaimed as an amnesty,
to avoid the tedious process Of pardoning in detail
Thus It win be the President regards the terms
pardon and reprieve to be included In the term am
nesty and there Is the very best Of evidence to show
that President Lincoln viewed this power Of the
President In precisely the same light IT. therefore,
Congress shall declare that the President has no
power to issue proclamation OF general amnesty,
q proclamation OF general amnesty. The only eIect
would be to augment to an astonishing degree the
labor and expense Of pardoning the remaining
offenders, for each individual would be granted
pardon and amnesty on separate form.
A Quiet Day I'm the House.
When the House met to-day there was barely
quorum present The eccentric Mullins of Tennessee
wanted to defend the constitution by having call Of
the House; but this was not effected until vote was
taken when division by tellers showed that 100
members were In the hall. No business Of special
importance was transacted. Considerable time was
taken up in personal explanations about newspaper
attacks upon members for their abuse Of the frank
ing privilege. At three O'Clock the House, for lack
or more profitable business, went into Committee Of
the Whole.
Nominasions CONFIRMED.
Yxo t<-.lo Inn
the following nomnatons:- william II. Russell,
Collector Of Internal Revenueior the Second district
OF Connecticut Charles G. Dame, Collector OF Inter-
nal Revenue for the Fifth district OF Massachusetts,;
c. q. Megru, Assessor OF Internal Revenue for the
Second district Of Ohio.
A Busy Session for the Finance Committees.
Some indications appear that at least the Finance
Committee Of the Senate will not DO idle during the
remaining two months Of the session. they met
to-day, and after disposing OF various nominations
for oces In the internal revenue including that Of
Commissioner agreed to meet every day In the fore
noon for the future and 60 earnestly TO work In
framing o report which will aim to embrace the
cearest and most comprehensive scheme for settling
the permanent basis OF the national debt, for ar
ranging the condition OF the finances and paving the
way TO specie payments. The amount Of material
at the service Of the committee Ii already immense.
sF~S,"eo
Vulnerable have accumulated on their hands, II will
become their business 10 proceed ut once through
this mass Of financial suggestions, taking the best
points they discover and sweeping away the rubbish.
To inaugurate the work In earnest and draw around
him and his colleagues all the cooperation possible
Senator sheDman has decided to give party at his
house next Friday evening" In the name OF the
Senate Finance Committee to the Committees OF APP
preparations Of both houses the Ways and Means,
the Banking and Currency Committee and the heads
OF all the bureaus In the Treasury Department At
this party, which Ia an entirely new idea In Con-
gressional practice, the members OF the Finance
Committee viii be introduced to the gentlemen Of
the other committees and Of fthe Treasury Depart
ment thus establishing an acquaintance which will
be Of considerable advantage to AL concerned. With
NIL the assistance and experience the committee In
tend TO group about them there should be every
reason to hope that the financial problems win 70