Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-01-06
WHAT Is THE EFFECT OF THE AM
NESTY PROCLAMATION


NESTY PROCLAMATION
The Washington correspondent
of the New York World states that
the effect of the Presidents amnesty
proclamation is yet the subject of
argument and doubt among Con-
gressmen and others, and it is asked,
Does the proclamation remit or can
eel all penalties and relieve against
all disabilities ? The coTrespOn
dent adds: among competent
judges there does not appear to be
any doubt that it can be pleaded in
bar to pending criminal prosecu-
tons, and that it is within the pow
or and province of the executive to
pardon, whether before or after
judicial conviction. But does th
proclamation relieve as to the disa-
bilities described in the new amend
ment to the constitution-the four
tenth? This is the mooted ques-
ton. May those who participated
in the rebellion now hold office and
vote ? Are the disabilities provided
in the fourteenth amendment in
tended as penalties ? and if so, does
not the Presidents pardon obliter
ate and remove the penalties? In
answer, it is claimed by some, that
notwithstanding the recently adOp-
ted fourteenth amendment, which
provides for removal Of disabilities
by two-thirds vote of Congress,
the Presidents power is complete,
and his pardon, under the second
article of the constitution, accom-
plished exactly what the Congress
may do by Il thirds vote; that
the fourteenth amendment does not
repeal the second article of the con-
stitution, but at most only gives
Congress concurrent power with the
executive on the subject named,
that. under the amendment Con-
grcss may do this thing by two
thirds vote; under the article, the
executive can, by his pardon, ac-
complish the same result. Such is
the substance ofthe argument held
by some officials, legal men, and
Congressman, and there is so
much conflict of opinions on
this important subject, that in all
probability there will be no de
finite settlement Of it until a judi
cial decision shall be had. That
the reader may the better under
stand the point involved, we will
state that the constitution provides
in the second section of the second
article that the President shall
have power TO grant reprieves and
pardons for offenses against the
United States, except in cases of
impeachment" The third section
of the fourteenth article or amend
ment of the constitution provides
that no person shall be Senator
Or Representative in Congress, or
elector of President and Vice -Presi-
dent, or hold any Office, civil or
military, under the United States,
or any State, who, having pre-
viousIy taken an oath, as a member
Of Congress, or as an officer of the
United States, or as a member of
any State Legislature, or as an ex-
ecutive or judicial officer of any
State, to support the constitution of
the United States, shall have en-
gagged in Instruction or rebellion
against the same, or given aid or
comfort to the enemies thereof"
But the same section provides that
Congress may, by a vote Of two
thirds of each house, remove such
disability" 1t will be seen that
the Presidents power to grant par
dons for offenses against the United
States with which the second
article of the constitution expressly |
clothes him, is neither repealed nor |
abridged by the fourteenth amend |
ment