Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1869-01-21
THE NEsPYPRocLAMATIoN.
The President transmittsd The fOllOwing

message to the Senate Monday;
To the Senate Of the United States
The resolution adopted on the 9th instant,
requesting the President "to transmit to the
Senate copy of any proclamation of amnesty
made by him since the last adjournment Of
Congress, and also to communicate to the SEN
ate by what authority Of law the same was
made, has been received.
accordingly transmit herewith copy OF
proclamation dated the 25th day Of December
last. The authority CT law by which it was
made is set forth in the proclamation itself,
which expressly affirms, that it was issued by
virtue of the power and authority in me vested
| by the Constitution, and in the name of the
sovereign people of the United States and
proclaims and declares Internationally, and
without reservation to all and to every person
who directly or indirectly participated in the
late instruction or rebellion, a full pardon and
amnesty for the offence of treason against the
United States, or of adhering to their enemies
during the late civil war, with restoration Of
all rights, privileges, and immunties under the
Constitution, and the laws which have been
made in pursuance thereof"
The Federal Constitution is understood to be,
and is regarded by the Executive, as the su-
preme law of the land. The second section of
article second Of that instrument provides that
the President " shall have power to grant re-
prieves and parlons for offences against the
| United States, except in cases ofimpeachment."
| The proclamation of the 25th ultimo is in strict
accordance with the judicial expositions of the
authority thus conferred upon the Executive,
and, as will be seen by reference to the accom-
panying papers, is in conformity with the pre-
cedent established by Washington in 1895, and
followed by Presidents Adams in 1900, Madi-
son in 1915, and Lincoln in 1868, and by the
present Executive in 1865, 1867, and 1865.
ANDREW JOHNSON.
WASHINGTON, D. C. January IS, 1869.
The copies accompanying the Presidents an
swer to the Senate are as follows:
!. Proclamation of General Washington,
dated tenth day of July, seventeen hundred
and ninety-fve, granting to citizens who had
been engaged in instruction resisting collec-
ton revenue on distilled spirits and stills in
the western counties of Pennsylvania, except
ing certain classes described in proclamation,
a general pardon of all treasonS and other in
dictable offences.
2. Proclamation of John Adams, dated
twenty-frst day Of May, eighteen hundred,
granting full pardon to all and every person
including some excepted in Washington S
proclamation engaged in said Instruction
whereby remedying and releasing unto all such
persons all pains and penalties incurred, or
supposed to be incurred, FOR or on account Of
the premises.
8. Proclamation Of James Madison, dated
sixth day of February, eighteen hundred and
fifteen.
Certain foreigners, flying from the dangers
of their own homes, and some citizens of New
Orleans" forgctful of their duty" had CO.
operated in forming an establishment on the
island of Barrataria, near the mouth of the
river Mississippi, for the purpose of clandes-
tine and lawless trade. The Government OF
the United States caused the establishment to
be broken up, and proceeded to prosecute the
offenders by Indictment, etc.
For reasons set forth in the proclamation,
President Madison grants to the offenders full
pardon of all offences committed against the
laws, or touching intercourse and commerce OF
the United States with foreign nations; and
the President directs all suits, indictments, aud
prosecutions for fines, penalties, forfeiturcs,
etc, to be discontinued and released.
4. Proclamation of President Lincoln, dated
eighth day of December, eighteen hundred and
sixty-three, familiar, to the public, granting to
all persons certain classes excepted who had
participated in the rebellion, full pardon and
restoration of all rights of property, except as
to slaves, and in property cases where rights
of third parties shall have interviewed.
In this proclamation Mr. Lincoln begins by
citing the provision in the Constitution en-
towering the President to grant reprieves and
pardons The law of Congress declaring for
FIXTURES, etc. and authorizing the President to
issue proclamation of pardon and amnesty,
with such exceptions as the Executive may
deem proper, is then cited. Mr.. Lincoln, re-
ferring to this act, adds
Whereas the Congressional declaration for
limited aud conditional pardon accords with
wcl-estabished judicial exposition of the par
doning power: Therefore, etc.
5. Proclamation of President Lincoln, dated
Goth of March, 1864, defining cases in which
persons are entitled to benefits of the proceed
| ing proclamation.
G. Proclamation of President johnson, dated
Doth May, 1865, similar to the Lincoln proc
lamation of December 8, 1868, granting par
don and amnesty, except in cases therein named.
:. Proclamation of President johnson, dated
September 7, 1867, extending full pardon to
certain persons who were engaged in the re-
belon. This proclamation extends pardon to
classes mentioned who were not pardoned by
preceding proclamations.
s. Proclamation of President johnson Of