New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-08
DECISION AS TO CoSFIscArED PROPERTY

DECISION AS TO CONFISCATED PROPERTY
SUIT FOR RECOVERY AFTER FORFEITURE on Ac-
count OF TREAsON-PARDON OF THE FORMER
OWNEE--OPINIoS OF THE COURT OF CLAIMS
THE PRESIDENTS POWER TO PARDON DOES not
INCLUDE THAT OF RESTORING FORFHIUEEs-
AMNESTY MEANS ONLY OBLIVION.
WASHINGTON, April THE following case has
been decided by the United states COHrt Of Claims :
1onn KDate against the United SiatesThe petitioner
sci forth that he was CllZn of West virginia; INA:
-cccd personal properly IL Mis- was seized AMI ibcIed
~ ,, crnnnJ OF his alleged treason and Rebellion aud
nv line decree OF The United District Court for the
Dist-ct and State of Vest Virginia WIS cOnurutn anu
sitn IN the -pIted States under the Act of jay IL
IS,l pd sold and the proceeds. amounting slGU psd
INTO the Treasury aud lie ayered that nv yftu, or the
pm..d"u:'4 proclamation OF Dee %. IsGs he par
idod and relieved OF ali fjgabil.ties and penalties
attaching to the Oense Of treason ana rebellion fof
a H." has been restored I" ali Of his rghis priv
Ior"s. or imnunities under the Constitution OF IN"
dotted states sad the laws made ~ pursuance thereof
..ud hat &c cutiiied 10 receive i.Oh t-e iItad
states The sad proceeds oi SAL" ana ia ray ed Judg
ment for $1,000. TIE defendants hcd a genera de.
urrer TO the petition. and Oh That issue was luiheh
ana tno argued aud su1hi'ted TO the Court Vi
Judge Iortuy delivered the opinion Of ie court Civ
ing construction OF the word Psraon III tne Con
At.;ulon tie authority 81 Chcij ustcc .larslai c
cordng Significance IL English law at me time he
Constitution was adopted. sn1 e9icin1lng a. !oryn% 80
when the Constitution gives 10 cohsiesh tno toWer 90
dispose Of the public property ana provides thht DO
money snail be drawn from The pnDiG Treasury except
by appropriation made 10y law, II positively tx
cindes President from any control OF te nat ioDii
real personal, and 30 u aas Always Dcch
heidi The forfeiture IN THIS case was ny the Jnlsnehs
that corfscated it to the United states, ~ dOsoutey
National property then a. this C1p.ioi - no" AMI AS
III the time of the adoption "i Gle Constitution tae
Kings rover 10 restore fJr:eIurcs merely the legal
cor sequence OF his titla in them and vas not derived
FROM ANA made 10 par OF ms uife1. p, 20 g,
10 pardon crimes We thlnE that te conn s.ctu w
INC President power u pardon crimes, dd not
auhUrze nm forftdres or 10 dispose oi tn,t
mart Of the Naloual property. IL Tie Act Ul Jus H.
,;Sa Grgress authorized The Prcsid-nf 10 those
who had participated in the rebellion pardon ana am
a tf M N
.',s.in OF Dec p. lsCs. As the Legislature can
xteId nor restrict the power OF the Executive
wLriuer The word amnesty IN the act OF CJnSfcn'du
,horiz ID The President 10 restore iore nat lD
no ne tcrbuIcal meaning effect OF tho word - am
pc.fv IN ofho countries different forms of gov
erninent and different Syetes OF awls foreign 10 our
the common law and technical meaning IN H. and
can he usei II the meaning Of ne ssnonyn III
ND Ji,,rul meaning Of "amneaty" Is removed irum
mrmory and n the English law OBLIVION lT
Is entitled An act of ireo pardon h'einitJ shd 90
nyioo ana tese y 5a, ' sc3 Of mes odin.rrior
gt Etherngton heretofore cited. thereioro decades eA
I1e,sIy that i grant OF " freo pardon. Indemnity and
ma The rstorafion Of forfeirurcs, and we know Of no
der,sion or authority English law That decides -
Grant OF amnesty Is Or can be dnJ sL'hg moe MA "
ss,ant az 0bI,y;oiI The word "amucsty' pFIefiY NJ
longs international law, ana ~ spleh 'o 'Ieas OF
burial Ia oblivion Of the p.rtic LIAR Cause OF the se
"a that il shall not again Dc caGse OF war
%, ,mnesty is fully and practically
expressed tho indian custom OF burr s tHe haens,
their m gnitude arc brought within the rules OF inter
national law and IN wnicn inutlludos Oh heh ne tnc
-ubi ,clr of tho c.cmcucy Of the Government But ~
tnesr cases and ali 1t neaos only onil'io' ana
reyer expresses Implies grant. ~ - op''rN 4"ie
mat the Executive vtoctmaons OF pardon prev '"na 90
tat Dec. IS lSss. proieied III terms t-ofa',o :"
property. proclamation 81 DC 70 lTs' v,l'
nityileces and lmmunitIes." II might te thst thcsc
words would w satisfied Dy a mere Teaofao ' ui,'o'