Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-02-24

Gu W pass uulLnp1OfSu, IL A1oy ASfCA W
possible afterward to recall The dilatory
process of converting the Legislature, or
one of its branches, for the purpose of
obtaining it's sanction, would frequently
be the occasion of letting slip the golden
opportunity. The loss of q week, day,
an hour, may sometimes be fatal. If it
should be observed that discretionary
power, with view to such coniingen- /
cies, might be occasionally conferred up
on the President, it may be answered in
the first place thai it is questionable
| whether, in a limited constitution, that
power could be delegated by law, and in
the second place that it would generally
be impossible beforehand to take any
| step which might hold out the prospect
of impunity. A proceeding of this kind,
| out of the usual course, would be likely
to be construed into an argument of
| timidity or of weakness, and would have
tendency to embolden guilt
'"The same general views are enforced
in Story on the Constitution, section IF
teen hundred. He says:
"'But the principal argument''for re-
posing the power of pardon in the Execu-
IlhC III CdeCb VI tEtdSUH liz.
that in seasons of instruction or rebellion
there are critical moments, when we'll
timed offer of pardon to the insurgents
or Rebels may restore the tranquility of
the Commonwealth; and if these are
suffered to pass unimproved, it may be
impossible afterward to interpose with
the same success. The dilstory process
of convening the Legislature, or one of
the branches, for the purpose of sane
tioniDg sush measure, would frequently
be the loss of the golden opportunity.
The loss of week, of day, or even of
an hour, may sometimes prove fatal. If
discretionary power were confided to
the President to act in such emergencies,
1t would greatly diminish the importance
of the restriction
SIT is evident that both these writers
regarded the pardoning power as extend
ing to all cases of instruction, rebellion,
and treason, and that it might be exer-
cised in favor of whole population by a
single act as it was exercised in this in
stance. The argument employed to justi-
fly the vesting of this power in the Presi-
dent is that it might happen that the loss
OF week, of day, Or even of an hour,
might deprive the pardoning power of
| that efficacy which might otherwise re
store the tranquility Of the Common
wealth. If it were necessary 10 an exer-
| else of this power that formal pardon
| under seal should be executed and delivered
to each Individual, il is evident that neither
Gan hour, day, or week" would suffice
III fOr tho Y,roafioal aypvp;ea pf hn
And yet the idea is that in some critical
circumstance of great rebellion an eX-
ercise of the pardOning power may change
the whole face of things, and by relieving
a vast population of the consequences of
their crime, restore the tranquility of the
| nation.
| I'm Great Britain, from the earliest
times, general pardons have been resorted
to as means of restoring peace and pre-
venting war. Ia most instances, perhaps,
Parliament has passed such general acts
| of pardon. But it is to be borne in mind
that Ill the absence of written constitu-
| ton, and with sovereignty residing in
Parliament, the separation of powers, leg
| islatIve and executive, under what is
called the British constitution, is very i'm
perfect. Parliament does about what it
pleases without inquiriOg whether the act
is executive or legi lative in its character.
But by our constitution these powers have
been separated and distributed by the IN
slitutiOn between Congress and the resi-
| dent. The pardOning power by enumer-
| alton, not definition, is conferred upon
the President, and he possesses all the
| 70 ,NorlAr1 off. hot
the Government
'As Congress has no power TO pardon
| a crime, it cannot authorize any person
to do SO. Pardons must emanate from
the President; and their validity is refer
able TO the COnsti utiOD, and cannot be
strengthened by au act of Congress. 1t
is not TO be assumed that a power TO
grant pardons, which was so familiar 10
the trainers of the Constitution, and had
so often and with such salutary results
been exercised in England, was designed
to be withheld from our Government;
and yet it was withheld; unless it is en-
braced in the pardOniDg power conferred
upon the President. The language l
have quoted from the Federalist and from
St0Ty's Commentaries show the general
understanding 10 b. that the President
has this power.
AS a cODtempOIanCOus exposition of
this power, the proclamation issued by
Washington after the whisky Instruction
is entitled to great weight, considering
that Washington himself was president
of the convention which framed the Con-
stitution, and his Cabinet, who must have
advised his act, were among the ablest
statesmen our country has ever produced.
This proclamation is in volume twelve of
Sparks Writings of Washington. After
the recitations the proclamation pro-
ceeds to say:
"'Therefere, be it known that l,
George Washington, President of the
said United States, have granted, and by
these presents do grant, full, free, and
entire pardon TO all persons Excepting as
is hereinafter excepted) of all treasons,
misprisions of treason, and other indlcta-
bic Offcnses against the United States,
committed within the fourth survey of
Pennsylvania before the said 22d day of
August last past, excepting and excluding
thercfrom, nevertheless, every person
who refused or neglected to give and sub
scribe the said assurances in the manner
aforesaid, Cor having subscribed, hath
violated the same, and now standeth in
dicted or convicted Of any treason, mis-
PRISON of treason, or other offensc against
the said United States, hereby RENTING
and releasing unto all persons, except as
before excepted, all penalties incurred,
or supposed to be incurred, for or on ac-
count Of the premises.
"Again, similar proclamation was is
sued by Mr. Adams on the 2lst of May,
1900, found in the ninth volume of
Adams Works, in which, after the reel
tatiOD, he says:
Wherefore be it known that l, John
Adams, President of the United States of
America, have granted, and by the2e
presents do grant, full, free, ard abso-
Lutte paldOn TO all and every person OF
persons concerned in the said instruction,
excepting as hereinafter excepted, of all |
trcaso0s, misprisiOns of treason, feIOnics,
misdcmeanors and other crimes by them
respectively dorC or committed against |
the United States Ia either of the said |
countlcs, before the 12lh day of March |
in the year 1893; excepting and exclud- |
ing thereGrOm every person who now |
dandcth indicted or convicted Of any