Twenty Years of Congress, Volume 2: From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860Blaine, James Gillespie
History
Twenty Years of Congress, Volume 2: From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860
Blaine, James Gillespie
United States -- History; United States -- History -- 1865-1898
Mr. Blaine of Maine called the attention of Mr. Stevens to the fact
that on the 17th of July, 1862, Congress had passed an Act of which the
following was one section: "That the President is hereby authorized,
at any time hereafter, by proclamation, to extend to persons who may
have participated in the existing rebellion in any State or part
thereof, pardon and amnesty, with such exceptions, at such times and
on such conditions as he may deem expedient for the public welfare."
"Under and in pursuance of this Act," said Mr. Blaine, "the late
President Lincoln issued a proclamation granting a great number of
pardons upon certain specified conditions, and subsequently President
Johnson issued his celebrated amnesty proclamation granting pardons to
certain specified classes in the South that had participated in the
Rebellion. . . . Do we not by the proposed action place ourselves in
the attitude of taking back by Constitutional amendment that which has
been given by Act of Congress, and by Presidential proclamation issued
in pursuance of the law? and will not this be justly subjected to the
charge of bad faith on the part of the Federal Government?"
Mr. Stevens replied that a pardon, whether by the President having the
power or specifically by Act of Parliament or Congress, extinguishes
the crime. "After that," said he, "there is no such crime in the
individual. A man steals and he is pardoned. He is not then a thief
and you cannot call him a thief, or if you do you are liable to an
action for slander. None of those who have been fully pardoned are
affected by this provision."
Mr. Blaine replied that the Constitutional amendment would be held to
override the President's proclamation, being organic in its nature and
therefore supreme. "That," said Mr. Blaine, "is my understanding and
that, it seems to me, would be the legal construction; but if the
gentleman from Pennsylvania is correct, then I maintain that it is
the bounded duty of this House to make the language so plain that he
who runs may read--that there may be no doubt about its construction."
Mr. Garfield said that "the point made by the gentleman from Maine
shows that, whatever may be the intention of the committee or of the
House, the section is at least susceptible of double construction.
Some may say that it revokes and nullifies in part the pardons that
have already been granted in accordance with law and the proclamation
of the President. Others may say that it does not apply to the rebels
who have been pardoned."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account