Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-01-09
THE PRESIDENTS RIGHT no PRO.
CLAIM A GENERAL AMNESTY.

THE PRESIDENTS RIGHT no PRO
CLAIM A GENERAL AMNESTY.
The telegraph has already ad-
vised the reader that Senator Ferry |
of Connecticut, took occasion, on
the reassembling of Congress on
the 9th inst, TO bring before the
United States Senate the question
of the authority of the President to
issue the general amnesty which he
did on the 18th of December. Mr..
Ferry stated that he favored the
amnesty, but doubted the right of
the President to issue it in this
sweeping way. Mr.. Howard, (Rad-
zeal, of Michigan, expressed him
self gratifed that the attention OF
the Senate had been called to the
question, and he volunteered the
opinion that "the assumption by
the Executive of such a power was
entirely unwarranted by the con-
stitution.' Mr.. Conkling, Radical, }
of New York, remarked that even
in England, of late years, it has
never been insisted that the King
had right to pardon by general
proclamation without naming any
body pardoned, and he did not be-
lieve that the President possessed
this right. 1t is somewhat remark
able that these Radicals have not
made this discovery of lack of au.
thority in the President before this
time. He has once or twice before
issued proclamations Of amnesty
pardoning large numbers without
naming them, and his right to do
so was not questioned. When Mr.
Lincoln issued his proclamation o
amnesty on the 9th of December
4 1863, he began it with the follow
ing words:-"Whereas, in and BY
the constitution of the Unitet
States, it is provided that the Presi
dent shall have power to grant re
prieves and pardons for offence
against the United States, except il
cases of impeachment" it is wei
known that he held the authorit,
above quoted to be an all sufiicien
warrant for the issue of procla
nation of pardon, and that he re
garded the thirteenth aNction of tn
act to suppress the insurrection, Get
approved July II, 1862, as merel
cOnfrmatory Of the Presidents
power to pardon otfenses again'
the United States, and not as bein
necessary to enable him to gran
such pardon, for, in the first claus
of the proclamation referred TO, h
says: .. -a ...
2 Whereas, laws have been enacte
by Congress declaring that the PresideI
was thereby authorized at any time there
2 after by proclamation to extend to pei
, sons who may have participated in Ii
existing rebellion, in any State or pa
| thereof pardon and amnesty; an
whereas the congressional declaratio
l | for limited and conditional pardon az
| cords with well established judicial e.
! | position of the pardoning power Their
! fore, |, Abraham Lincoln, President
= the United States, do proclaim, declal
and make known to all persons who ha'
participated in the rebellion that III
pardon is hereby granted to them ar
I | each Of then"
e The Washington correspondent
2 of the New York Herald calls a
5 | tcntiOn to the fact that in the d
c bate that occurred on the repeal
n the thirteenth section Of the act a
n proved July II, 1862, Senate
c | Trumbull declared that the sectiC
:. in question neither added to nor d
0 tracted from the power to grant r
S pricves and pardons vested in Il
e President by the cOnstitutio
II President Johnson also holds tn
d all the authority requisite to iss'
Is a proclamation Of pardon and al
r | ncsty is given to the President
d | the constitution, and that Meth
/ the passage of an act of Congre
l. nor its repeal can affect it. II
e HcraId's correspondent states tn
+ the President "holds that it W
scarcely be denied that the pow
to grant pardons is conferred |
the constitution, for that very VOL
is used. The only doubt that e:
lists seems to be in reference to I'll
word amnesty. Therefore, it cal
not be denied, treason being &
ofiense against the United State
that the President has power
pardon a single individual, or tw
! three or a dozen, andin truth, the
is no law limiting the numb
that may be included in a pa
don. Consequently, there ca
be no question as to his right
issue a proclamation Of pardon
mentioning by name every perso
mhn n,as concerned in the Rebellion