Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-01-15

pardon, and on this point oil the authori'
ties concur A pardon reaches both the
punishment prescribed for the offenss
and the guilt of the offender; and when
the pardon is full, it releases the punish
ment and blots out of existence the
guilt, go that in the eye of the law tn,
offender is as innocent as If he had never
committed the offense. If granted before
conviction, it prevents any of the pen
alties and disabilities consequent upon
conviction from attaching; if granted
after conviction it removes the penalties
and disabilities, and restores him TO al
his civil rights it makes him, as it were
new man, and gives him new credit
and capacity.
"There is only this limitation to ia
operation: 1t does not restore offices for
feited, or property or interests vested 10
others in consequence OF the conviction
and Judgment.
"The pardon produced by the petit
TONER is a full pardon for all offenscs
by him committed, arising from parlici
patton, direct or implied, in the rebel
liop,' and is subject to certain conditions
which have been complied with. The
effect of this pardon is to relieve the pc
titioner from all penalties and disabili-
ties attached TO the ofense of treason,
committed by his participation in the re-
bellion. So far as that offeuse is con-
cerned, he is thus placed beyond the
reach OF punishment of any kind
This decision stands as law OF the
land. No decision not in perfect keep
ing with it has ever been made by the
court. Thus the fact is settled that the
President has the constitutional power
and right to pardon men before convlc-
ton, not less than after it.
In the enforcement of this matter, the
able editor of the Baltimore Gazette has
brought to light passage from the pen
of the great Alexander Hamilton in the
seventy-fourth number of 7heFederatist.
We have often had occasion, especially
of late years, to contemplate with admi-
ration, and always with wonder, the
sagacity, the insight, the wisdom, the
craftsmanship, of that immortal work.
It's prescience has never been surpassed
by any uninspired production. or all
American works, it is undoubtedly the
highest authority. The passage referred
to is as follows:
"The expediency of vesting the power
of pardoning in the President has, If |
mistake not, been only contested in re-
lstion to the crime of treason. This, it
has been urged, ought to have depended
upon the assent of one or both branches
Of the Legislative body. I shall not deny
that there are strong reasons to be
assigned for requiring, in this particular,
the concurrence of that body, or OF
part fit As treason is crime leveled
at the immediate being Of the society,
when the laws have once sscertained
the guilt of the offender there seems
fitness in referring the expedie4cy
of an act of mercy toward him to the Judg-
ment of the Legislature. And this ought
the rather to be the case, as the SUPPOSE
ton of the connivance of the Chief Mag
istrate ought not to be entirely excluded
But there are also strong objections to
such plan. 1t is not to be doubted that
a single man of prudence and good sense
is better fitted in delicate conjunctures to
balance the motives which may plead for
and against the remission of the punish
ment. than any numerous body whatever.
It deserves particular attention, that trea-
soa RiIl oftap be connected with sedi-
tons WHICH ellbrece 0 large proportion
of the community, aa lately hsppsnsd in
Massachusetts. In every such case We
might expect to see the representation
of the people tainted with the same
spirit which had given birth to the
offense, And when parties we're pretty
equally poised, the secret sympathy of
the friends and favorers of the con-
demned, ayaiing itself of the good ma
tnre apd weakness of others, might fire.
quentIy Lea.ow IMMUNITY where the ter
ror Of an example was necessary. On |
the other hand, when the sedjtion had |
proceeded from causes which had in |
fiamedthe resentmeHts ofthe msjO party, |
they might often be found obstinate and |
memorable, when policy demanded a |
conduct of forbearsBce and clemency. |
Bat The principal argument for reposing |
the power of psrdoniDg in this case in |
the Chief Magistrate is this: 10 seasons
of instruction or rebellion, there are |
often critical moments, when well-nmsd |
offer of pardon 70 the insurgents or
rebels may restore the tranquility of the |
Commonwealth; and which, if suffered |
to pass un.mproYed, it may never be
possible sfterEaFd TO REGAL"
If President johnson shall deigu to
render an answer to the factions and |
petulent Senate, his ansver will be q
singer. And if he shall choose 10 keep
q scornful silence, his silence will be
stiuger--vith q sling as long as the tine
q. ..usn. In....aul