Year: 1865

Attorney GeneTal speeds Opfu1On.


WASHINGTON, May 30 Attorney General
Speed has given an elaborate opinion in response
to President Johnson's letter of the 2lst of April
last He argues that the right of power of the
President TO pardon and to issue any proclama-
ton of amnesty, are derived from the clauses in
the Constitution or act of Congress, which he
quotes. The highest pecessary power of feKtending
pardon and amnesty can never be rightfully eI-
ercised so as 10 enable the President to say TO
the offenders against the law: | now offer you
a free pardon for the past or at any future day
when you shall. from bsffied hopes or after be
ing foiled in dangerous and bloody enterprises,
think proper to accept, will give give you a
pardon for the, then. past


When men have offended against the law their
appeal is for mercy not for justice; he proceeds
TO consider the questions propounded by Presi-
dent johnson in the proclamation No doubt he
says, many persons did between those periods
take the oath who could not have done so had
the original proclamation contained the excep-
tions set forth in the second proposition.


What are the rights of those who took the
oath in that intermediate space of time who
could not have taken it on the Goth of March
1864, is purely a judicial question.


The facts in such cases are accomplished and
the rights arising out of these facts have at
tached and become vested. The Attorney Gen





effect OF the tax proclamation, comes TO tie con
clusion that another proclamation should be
issued. Persons, he says, should not be invited
TO take an oath and 10 comply with the terms
under which they caPnOt obtain firm legal righs
1t is especially to those who have heretofore and
would now avail themselves in good faith of the
benefits of pardon and amnesty. that another
proclamation should be substituted covering the,
now, past.


Persons who have been constantly engaged in
the rebellion should know distinctly what they
are to do, when and how they are to do it, to
save themselves from punishment in whole or in
part; and such who have been afflicted merely
by their reasonable associations should be for
given, and an appropriate condition should be
appended to the pardon OF many


The grace and favor OF the Government should
be now large and generous, and the operating
aud effect of its profiered mercy should not be
left uncertain


As a measure to aid in the suppression of the
late rebellion the late procla amstion has done its
full and complete office Now one is desired to
aid in restoring order and reOrgsnizing society
in the rebellous States.


Reconstruction is not needed. That word
conveys an erroneous idea The construction OF
this Government is as perfect a human wisdom IN
can make 1t. The trials to which its powers and
capacity have been subjected in this effort of rev
olUtion and dsmemberment is the task TO prove
principles and power clearly, and well defines
that which has carried Us safely through our past
troubles. Ours is not duty to reconstruct or
to change Society in the rebel States has not
been and is not now in normal condition nor in
harmony with the principles of our Government
That society has rebelled against them and made
war upon the principles of our Government. In
40 doing il has offended and stands convicted
culprit


While mercy must be largely extended, some
of the great leaders and Offenders must be made
to feel the extreme vigor of the law; not in
spirit of revenge, but to put the seal Of infamy
upon their conduct The mercy extended TO the
great mass of the misguided people can and
should be so used as to reorganize society upon q
loyal and freedom loving basis.


Ii is manifestly for their good and the good of
mankind that this should be done.


The power OF pardon and mercy is adequate TO
this eud. Such conditions, precedent and subse
quent, can legally and properly be appended as
will root out the spirit OF rebellion, and bring
society in those States in perfect accord with the
wise and thoroughly tried principles. of our Gov
eminent. Ii the power OF pardon is wisely used
peace will be established upon a and perma-
nent basis.