Year: 1867

House now seek to treat the people OF the
Southdwlio are our ooiintrymeD, as public
enemies, and deny to them the rights of
citizens. Political offenses of the character
referred to are not considered as affecting
the moral character of the offender. Why,
| sir, letme put case, and in referring toll
/ l. hope / shall not be considered as DEPART
ing from q the Legitimate line LQfi debate.
There Is a distinguished gentleman of the
State of Massachusetts,, who has been elect
ed othe FOrtieth Congress as the Success
sor of the gentlemani[ Mr.. Alleyl who is
now the chairman, of the committee on the
Postoffice and Post Roads. This gentle-


man is distinguished imember of the bar,
practicing in the Supreme Court of the
United States. Now, sir, | say that in my
deliberate Judgment three-fourths of the
lawyers of this country who have any dis
tinction at the bar, and are looked upon as
eminent in their profession, would prefer TO
appear In court as the professional asso-
ciates of Alexander III! Stephens rather


than withthe gentleman to whom | refer.


Sir, does the gentleman really desire to
protect this great court from cOntamna-
tionP Why does he not go further?' If he
proposes to take under his control and su-


pervision the character of this august tri-
bunal, he might extend his benevolent and


patriotic efforts somewhat further. l un-
derstand that at public reception given
in this city not more than year ago by
man whose talents and energy, more per-
haps than that of any other person, aided


in bringing about the suppression Of the
rebelliOn-I mean General Grant-AleX-
ander IL. Stephens was an invited guest;
and men on this floor, of both sides of the


House, if am not mistaken, were in at
tendance and took Mr.. Stephens by the


hand. Were these men contaminated? Was


General Grant contaminated? Did he lose


his position and standing as patriotic and.
devoted citizen? No, sir; like a brave and


gallant soldier he understands how nobleit


Is to be generous and magnanimous to a
defeated people who are portion OF our
countrymen. A great and brave nation


will always be generous to a fallen foe.


Mr.. Speaker, do not make these COM
parsons for the purpose of exciting any


bitter feeling. merely advert to them for
the purpose of showing that, in the estima-
tion of the world and of Christian ciyiliza-


ton, men who have been engaged in efforts


to throw off the control of one Govern


ment and establish new one, are not to be
regarded in the same light with men who


have been guilty of bribery, murder, or
other high crimes. There always baS been
recognized 4 distinction between such


crimes and political offenses. T


But why should not these men practice


in the courts of the United States? The


laws of the several States require the ap-


plicant to be man of good moral charac-


ter. You are not ltisied with such rule
as that. You propose to go much further.
Y Ou now propose to pass law the like or
which we have never seen before, either in
State or Federal legislation. The specifi-


cation of bribery, murder or other felony


embraced in this bill is only used for the


purpose.o OF covering up design to prevent
the citizens of the Southern States from


practicing- In the courts of the United
States. You have shut the door against
their representatives You also propose to
shut the door against those men in the


South who may be elected to vote for Pres


ident and Vice President. That is not fully
up to the demands of aggressive Radical
ism, and we are to have this proposed legis-


lation, and more in the same directions.
say that it is part of that system of legis-


lation so common here, which seems to have


been conceived in spirit of revenge and


malignity.


Mr.. Speaker, the men who organized the
rebellion no doubt have been guilty OF


great crime. That. however, is a question


which is to be determined by the courts in
the method provided TOR in tue COnstitu-
tion. have always denounced secession.


denounce it now. 1t was agreat and fatal
mistake on the part of the people of the


States who went into the rebellion. 1t was
a crime. But, sir, do you believe that seY-


en- or eight million people like ourselves,


loving free government as we do, could


have been inspired to take part in a com
mon cause, to organize government of
their own unless they had confidence in the
cause which they espoused? You say they
were wrong. i know they were wrong. |
have always denounced the attempt to
disrupt the union of these States.-
But | say that there was belief eX-


isting in the minds of great por-
ton of the people of the Southern States
that State had a right to secede from the
Union :; and 1 say. moreover, and charge it
here without fear of contradiction, that
leading men of the Republican party at the
North encouraged this idea and encourage
ed the right of the Southern States to with
draw from the Union. suppose many of
these people did really believe that they


had right to seceGe. You cannot look
into the hearts Of men and ascertain their
belief. Sir,lifthey did in good faith believe
in the right of secession, the very essence
of crime is absent, namely, the intention to
commit it. They have, however, violated
the Constitution and laws of the United
States, but you do not propose to punish
the entire people of the SOuth.O The most
unbounded malignity would hardly be
equal to that. Your legislation shows that
during the war you passed an act sanction
ing the executive use of the pard0ning
power. He has issued pardOns to almost
the entire people Of the Southern States.


In this he has acted like wise and patriot
ic Chief Magistrate. ghu.r HEls a.i;


Now, what is the effect of thesepardons P
Not only to relieve the party from punish-
ment; not only, as the gentleman from
Pennsylvania said last year, to take away
the penalty and punishment of the crime; I;
but, in the language of the books--and
there is 10 conflict about tito restore the
pardoned man to the same position that he
would have occupied had he never COM
mitted the oifense. This is the law, as
plainly shown in both the English and
American authorities Blackstone says:


"a pardon may be pleaded in bar as at
once destroying the end and purpose of the
Indictment, by remitting the punishment
which the prosecution Is calculated to in
flct. The effect of such a pardon by the
king is to make the offender a new man; to
acquit him OF all corporal punishment aud
forleitures, annexed to that offense for
which he obtains his pardon" ulA f'
This power of pardonihg by the Presi-
dent, as has very justly been decided by, the
Supreme Court of the United States, may
be exercised before the trial and conyic-
tion, or alter such trial and conviction.


The pardoning power Is an executive pow
er; it is a plenary power, restricted only


by certain Limitations fixed by the Constir
thtiOn of the United States itself. But Yon