Evening Star Newspaper, May 30, 1865, Page 1

| 308H HART.______.__._..Btage Manager ———— Ee eee ‘Eben WASHINGTON. D. C;. TUESDAY, MAY 30. 1865: North Carolina, in force fmmediately before THE EVENING STAR: PUBLISHED DAILY, (EXCEPT SUNDAY,) 4T THE STAR BUILDINGS, Southwest corner of Penn’a avchuc and 110 street, By W. D. WALLACH. ———_—_—_ The STAR is served by the carriers to tneir subscribers in the City and District for TWELVE-AND-A-HALP CENTS FER WHEK- Pric8 FoR MaILine :—Single Sopyy Three Cente; one month, Seventy-five Cents; three months, One Dollar and Fifty Cents; six Months, Taree Dollars; one year, Siz Dollars. No papers are sent from the office longer than paid for. The WEEKLY STAR—published on Fri- @ay morning—One Dollar and @ Half a year. CANTERBURY HALL, ANTERBURY HALL( MUSIO a" + OREMEUEE AEE) ® AE BY MALL ‘ THEATER THEATER OAN’ ISIAKA AVENUS, WEAR E1x7e BTREBT. sear of National and Metropolitan Hotels, @sORGE LEA ____.___._. ____.____ Proprietor I ies, N rk, and Oanterbury Alsoof the ee FURORE OONTINUBS! THe FUROR CONTINUES! THE FCRORB C@NFINUBS! Aémiring Hundreds nightly congregate within the walls of TABLISHED AMUSEMENT THe SED ESTATISHED AMUSEMANT THE GOLD ESTABLISHED AMUSEMENT aa 2 =I ~ Cl 4 q 4 5 3. 2 © Manager, with a full determination to ism a nraceusa public, takes much pride ia pre- entipg fie following ALLIANOE OF TALENTED GRAND ALETANG GEAND ALEIANOM OF TALENTED A GRAND ALLIANOE OF TALEN LED RTT, ARTISTS, ARTIATS. ARTISTS, GREATEST KNOWN TO THE THE GREATEST ENOWN To THE THS GREATEST KNOWN TO THB PROFESSION. PROFESSION. PROFESSION. Last Week of the Beautifal Dancers, MILLIE AND CLABA FOWLGEE, MILBIB AND OLARA FOWLER, MILLIE AND CLA LE) MILLIS AND G Who will appear in the Grand Ballet, entitled EVOLT OF THE HAREM, THE RevoLr OF THE HAREM, THE REVOLT OF THE HA’ Principal Characters by the FOWLER pi Beeond week of BILLY BMERBSON, The Unegualied Song and Dance Performer. JOHN MULLIGAN, , JOHN MULLIGAN, JOHN MULLIGAN, JOHN MULLIGAN, Celebrated in the History of the Profession as the GUL OF ETHIOPIAN PERFORMERS! MOGUL OF BTHIGPIAN PERPORMURS | MOGUL OF RPHIOPIAN PERFORMERS! MOGUL OF ETHIOPIAN PERFORMERS ! MONS. LLOSY . L. 820 MONS. L. BZOLLOBY The celebrated French Ballet Master and Dancer Comique, with his Splendid Ballet Troupe of RI XTBEN BEAUTIFUL YOUNG LApiE®, SIXTBEN BEAUTIFUL YOUNG LADIES, A CLUSTER oF DIAMONDS A CLUSTER OF DIAMONDS oF vuB FIRST WATER. FIRST WATER. JOSH BARY. JOBH HART JOSH HART, DDEN AND SYLVAS CLAREB. OEY TD THRILLING DRAMA Mee MI£8 JENNIB JOHNSON M188 JENNIE JOHNSON M188 JENNIE JOHNSON The Charmirg Commedienne, with the entire STAR COMPANY OF THE CANTERBURY, STAR COMPANY OF THe SantaReee STAR COMPANY OF THE CANTERBURY. Lapa: MATIN: La > MATIN: FABIBE. MATIN. H ADIES MATINER iN SA’ AY, Oh sarunbar: At cheap prices; Ladies cents, Children 15 cts, WREDNESDY, MAY 31, 1365, AFTBENOON AND BVENING, SENBFIT OF J.8, CLARKB. Tremendous Sensation will be it of Perfo in Wathiagton.*™ Ferformanog vos, XXV leaux. replete w' EFFECTS OF Prodsced vith WONDERFCL BB STIS REO AMUSEMENTS. GROVER’'S NEW THEATER. Pennsylvania Avenue, near Willard’s, TO-NIGHT. The entire Great Spectacular Drama,in Five Tab- ith TSB MOST STARTLING AND NOVEL NATURS, WAND MAGNIFICENT SCENBRY. SUPERU COSTUMES NEW PROPBRTIES AND APPOINTMENTS, D. THE ORIGINAL MUBIQ. Butitled the OR. cents. WASHINGTON THEATER. Oorner Lith and C streets, near Penna, ave, Continued sucsess 0! f FAMOUS UNION SCOUT AND SPY THASS MAJOR PAULING OUSHMAN, who will appear to-night for the Benoit of THE TRISH COMEDIAN, J. M. WARD. eutifal drama, 4 A ret and eae FLOWER Ol To conclude with an amusing Irieh Farce, en- THR CAPTAIN'S NOT A MI83. titled GRAND CHORUSES, &C., OF ICE; A THIRST FOR GOLD. Rates of Almission—Private Boxes $8; Orches- tra Chairs $1; Drees Circle 75 cents; Parquette 50 cents; Family Circle 25 centa; Colored Gallery 25 cents; Colered Boxes, with cushioned chairs, 5) Errors, ¥ ERIN G? TO SBE THB “FLOWER QUEBBN” AT ODD FELLOWS’ HALL WEDNESDAY, MAY 31, 1865. m30-2t* OXFORD! Becond week of THURSDAY 180, ew Ba, Also, the fing new Be SULTAN’B PRIZB, Introducing all the Grea’ Dancers of the day, and the most numerous im the city. BTHIOPIAN OORPS FSIDAY, BENEFIT OF TOM CONEY. ‘A8 UBUAL ON SATURDAY, MATINER OXFORD! MUSIC HALL AND THEATRE, Ninth street, fronting on Pennsylvania avenue, TOM OONEY, TOM OONEY, The Celebrated Melo Dramatic Artist, MONDAY, TUESDAY AND WEDNESDAy, Will be presented the Exciting Drama of the DUMB MAN OF MANCHE DUMB MAN OF MANCHESTER. FRIDAY AND SATURDAY, JAOK ROBINSON JACK ROBINSON With full and powerful casts. et of the N's AN AND OXFORD! STER. D HIS MONKEY, IS MONKBY, PRIZE, NIXON’S GREAT NEW YORK CIRCUS. SIXTH STREET, BELOW PENN’A AVENUE, COMBIN. CR! BATIOLON Ces THE GREATES EQ RIA A TERPSICHORBAN OPEBATIO AND PAN 11 open fora short sesson i Tr OF! yn. 01 Will opeeONDAY EVENING MAY 29 Y AFTRENOON AND EV. EVER AFTERNON 2 0 Monda: The G MB. CHABLES 8H will also make bia first appearance, ee PRIOES. Admission. . rved Seats... Deen uae ten years. my 29° —— z! - AT 2%, EVENING AT 8 O'CLOCK, NOTICE.—In consequence of the immense prep- aration attending the fitting up of the Great Pa- villion, which is capabie of seating with comfort people, there will be ne performance this afternoon. The first performance will take place this Evening. A stron, will Be in a' tendance to preserve o The gi gen Department Will comsiat of TOUR W. W: BECHOLLSy se Somlepber racefu! juestrian, THE DELAVANTI BROTHERS, The World-Renowned G Messrs. RIVERS. HE oon NDERSON. KLIN, HUGO BMITH ud t CREAM OF THE BQUESTRIAN PROFESSION ! The Great English Clown and Jerter, BDWIN CROU: YMNASTIC TOMIMtS Tal ABHINGTON. NING. police force ler, ymnasta, CAMPBELL, . ESE, HOCeBEERraR’s COAL COMPANY. COAL AT 00ST TO STOCKHOLDERS. Ofice—No. 423 THIRTEENTH STREBT, above THOMAS R, WILSON, AGENT To Housekeepers : Qest of Mining and Transporting a ton of Coal, 2, Ibs., to Yard tixpen 4 be yaeht From Philade}, ilad mnses and Delivery... phia, present rates, harfage ——- ——...... Our Price for a ton of Coal, delivered in Wasbipgton, .... Retail Price per to! ton, present rate.. e! phi Are you ‘ illing to continue to pay from 50 to 75 per cen:um advance on your Coal? Do you wish to save from $3 to $5 per ton, and geta good arti- cle, well prepared ? Each Stockholder in the HOUSEKEEPERS’ COAL COMPANY is farnished with a coupon for every share of stock he holds. {les the holder to A TON OF COAL AT COST for 16 years. WI” At the present retail price of Coal, a stockholder tril save the entire Cost of his stock in two years, ex- Cusive of any cash dividends he may receive. The Company’s mines are in complete working mn enti- Each o: ANNUALLY ou) NN. order, with all the machinery, ¢c.. necessary to work the colliery; the present capacity being 40,0.0 tons, From the sale of Surplus Coal over that used by the Stockholders, the sufficient profitto pay dividend. my ll-Im pe BI Persops desiring th Water into their prem vantage te call deters, my %-eo2w The “BALL” BUBB, Ww rely op Tevistion whatever Agricultur: _my 1t-e02W I cE. delivery of the pure We ell no other. ap2-tt mylelm (lnt.} . ‘Belt myiee Work done ia my 6} TWINkS Dealers in arti more, a, (Successor to J. [_{S8TNINe noms! ode vita *Mafinn tipsed polata in the hettenseae an nable jom a I1cE, We have completed our arrangements for the season. We deliver promptly. drivers to give exact weight, supply in the heat of summer. pajronage and assure you y expects to realize od semi-annual cash SUBSCRIPTION BOOKS OPEN AT THE OF- FICE OF THE COMPANY, 423 Thirtee » GAS AND BTEAM FITTING, Iam prepared to execute all orders for above description of work at the lowest market ratas aud at the shortest notice. ntroduction of Gas or will find it to their ai- ig, hole orders. SHEPHERD, ‘W. Taompson & Go.,) 269 Pa. av., soute side. near lith at, {Chron.Intel.Rep} | AND MOWERS, FOR THE HARVEST OF 1865. REAPERS AND MOWERS. “BUCK BYE” EEAPRRS AND MOWERS. AKD REAPERS AND MOWERS, OOD’S REAPERS AND MOWERS. aMOCORMICE’S REAPERS AND MOWERS. com: assor' ent o! pie PX TEAS AND REPAIRS for the Machines kept on hand constantly. ogeetens Machines employed to repair ma- 2 shove Machines are effered at FACTORY ‘art these pees erneat any . BP. BARTHOLOW, Agent for the Manufacturers. ara Wrarehasseiaee Ape streets, een . aYeDue aD ween Pen rWashington, D. eton, D. 0. Tog. BOSTON FRESH POND 108. We have one price for the require our ever fail to ask a liberal a constant supp: Ww Ww T.T. FOWLER & terms Hanging done in the most improved peril the Tenth street Wharf. MPORTANT TO BUILDERS AND OTHERS, 200,000 feet clear seasoned WHITE PINE LUM- BER, all thicknesses, from three to five years old and in prime order, with a large stock embracing every variety of Lumber. Office and Yard, No, 37 Water street, Georgetown, D. 0, FRANCOIS WHEATLEY. LIGHTNING BOD8!! C08, Btairs, MS TORS ama yr sy ss OFFICIAL, By the President Ff the Cnited States of America. A PROCLAMATION. Whereas the President of the United States, on the Sth day of December, A. D. eighteen hundred and sixty-three, and on the 26th day of March, A. D. eighteen hundred and sixty- four, did, with the object to suppress the ex- isting rebellion, to induce all persons to return the United States, issue proclamations offer- ing amnesty and pardon to certain persons who had directly or by implication participated ia the said rebellion; and whereas many persons who had so engaged in said rebeliion, have, since the issuance of said proclamations, tailed or neglected to take the benefits offered there- by; and whereas many persons who have been justly deprived of all claim, amnesty and par- don thereunder, by reason of their participa- tion directly or by implication in.said rebel- lion, and continned hostility to the Gov- ernment of the United States since the date of said prociamations, now desire to apply for and obtain amnesty and pardon: To the end, therefore, that the authority of the Government of the United States may be restored, and that peace, order, and freedom may be established, I, Andrew Johnson, Pres- ident of the United States, do proclaim and declare that I hereby grant to all persons who have directly or indirectly, participated in the existing rebellion, except as hereinatter ex- cepted, Amnesty and pardon, with restoration of all rights cf property, except as to slaves, and except in cases where legal proceedings, under the laws of the United States providing for the confiscation of property of persons en- gaged in rebellion,have been instituted; but up- on the condition, nevertheless, that every such person ehall taxe and subscribe the following oath (or affirmation), and thenceforward keep and maintain said oath inviolate; and which oath shall be registered for permanent preser- vation, and shall be of the tenor and eftect fol- lowing: to wit: “ : »do solemnly swear (or af- firm), in presence of Almighty God, thatI will henceforth faithfully support, protect, and de- fend the Constitution of the United States, and the union of the States thereunder; that I will, in like manner, abide by, and faithfully sup- port, all laws and proclamations which have been made during the existing rebellion with reference to the emancipation of slaves. So help me God.” e following classes of persons are except- ed from the benefits of this proclamation: Ist, All who are or shall have been pretended civil or diplomatic officers or otherwise domestic or foreign agents of the pretended Confederate Government; 2d, all who lett judicial stations under the United States to aid the rebellion; 3d, all who shall have been military or naval officers of said pretended Confederate Govern- ment above the rank ef colonel in the army, or leutenant in the navy; 4th, all who left seats 1m the Congress of the United States to aid the Tebellion; 5th, all who resigned or tendered re- signations of their commissions In the army or navy of the United States, to evade duty in re- sisting the rebellion: 6th, all who haveengaged in any way in treating otherwise than Iawfal- ly as prisoners of war, persons found in the United States service as officers, soldiers, sea- men, or in other capacities; 7th, all persons who have been or are absentees from the Uni- ted States for the pu of aiding the rebel- lion; 8th, all military and naval offieers in the rebel service, who were educated by the Gov- ernment in the Military Academy at West Point or the United States Naval Academy; 9th, all persons who held the pretended offices of Governors of States in insurrection against the United States; 10th, all persons who left their homes within the jurisdiction and pro- tection of the United States, and passed beyond the Federal military lines into the pretended Contederate States for the purpose of aiding the rebellion; 11th, all persons whe haye been engaged in destruction ot the commerce of the United States upon the high seas, and all per- sons who made raids into the United States from Canada, or been engaged in destroy- ing the commerce of the United States upon the lakes and rivers that separate the British provinces from the United States; 12th, all persons who, at the time when they seek to obtain the benefits hereof by takirg the oath herein prescribed, are in military, naval, or civil confinement, er custody, or under bonds of the civil, military, or naval author- ities, or agents of the United States as prison- ers of war, or persons detained for offences of any kind, either before or after conviction; 13th, all persons who have voluntarily partic- ipatea in said rebellion, and the estimated val- ue of whose taxable property is over twenty thousand dollars; 14th, all persons who have taken the oath of amnesty as precribed in the President's proclamation, of December Sth, A. D. 1663, or an oath ofallegiance to the Govern- ment of the United States since the date of said proclamation, and who thenceforward kept and maintained thesame inviolate: Provided, That special application may be made to the President for pardon by any per- son belonging to the excepted classes; and such clemency will be liberally extended as may be consistent with the facts of the case and the peace and dignity of the United States. The Secretary of State will establish rules and regulations for administering and record - ing said Amnesty oath, so as to insure its ben- efit to the people, and guard the Government against fraud. In testimony whereof, I have hereuntoset my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, this twenty- ninth day of May, in the year of onr Lord one thousand eight hundred and sixty-five, and of the independence of the United States of America the eighty-ninth. {t. 8.] ANDREW JOHNSON, By the Presiden: W.H. ARD, Secretary of State. By the President of the United States of America. A PROCLAMATION. Whereas the 4th section of the 4th article of the Constitution of the United States declares that the United States shall guarantee toevery State in the Union a republican form of Goy- ernment, and shall protect each of them against invasion and domestic violence: and, whereas, the President of the United States is, by the Constitution, made commander- in-chief of the army and navy, as well as chief civil Executive Officer of the United States, and is bound by solemn oath faithfully to execute the office as President of the United States, and to take care that the laws be faithfully executed; and whereas the rebellion, which has been waged by & portion of the people of the United States, against the properly. constituted an- thorities of the Government thereof,in the most yiolentand revolting form, but whose organ- ized and armed forces have now been almost entirely overcome, has, in its revolutionary progress, deprived the people of the State of orth Carolina of all civil government; and whereas it becomes necessary and proper to carry out and enforce the obligations of the United States to thé people of North Carolina, in securing them in the enjoyment of a repub- lican form of government Now, therefore, in obedience to the high and solemn duties imposed upon me by the Consti- tion of the United States, and tor the purpose of enabling the loyal people of said State to organize a State Government, whereby justice may be established, domestic tranquility en- sured, and loyal citizens protected in all their rights of life, liberty, and property, I, Andrew Johnson, President of the United States, and Commander-in-Chiet of the Army and Navy ot the United States, do hereby appoint Wil- liam ‘W. Holden Provisional Governor of the State of North Corolina, whose duty it shall be, at the earliest practicable period, to pre- scribe such rules and regulations as may be necessary and proper for convening a conven- tion, composed by delegates to be chosen by that portion of the people of said State who are loyal to the United States, and no others, for the purpose of altering or amending the Constitution thereof; and with authority to far bilge the units of said State, su e@ powers necessary an: ir to enable such loyal people of the Rate of North Carolina to restore said state to its con- to their loyalty, and to restore the authority of stitational relation to the Federal Govern- the 20th day of May, ISG, the date of the s0- called ordinance of secession; and the said convention, when convened, or the Legislature that may be thereafter assembled, will pre- scrite the qualification of electors, and the eligibility of persons to hold office under the Constitution and laws of the State, @ power of the people of the several States composing the Federal Union have rightfully exercised from the origin of the Government to the pres- ent time. And I do hereby direct: First. That the military commander of the Department, and all officers and persons in the military and naval service, aid and assist the said Provisional Governor in carrying into effect this proclamation, and they are en- joined fo abstain from, in any way, hindering. impeding, or discouraging the loyal people from the organization of a State Government, as herein authorized. Second. Thatthe Secretary of State proceed to putin force all laws of the United States, the administration whereof belongs to the State Department, applicable to the geograph- ical litai!s aforesaid. Third. That the Secretary of the Treasury proceed to nominate for appointment asses- sors of taxes and eollectors of customs and internal revenue, and such other officers of the Treasury Department as are authorized by law, and put in execution the revenue laws of the United States within the geographical limits aforesaid. In making appointments, the preference shall be given to qualified loyal persons residing within the districts where their respective duties are to be performed. Bat, it suitable residents of the districts shall not be found, then persons residing in other States or Gistricts shall be appointed. Fourth. That the Postmaster .General pro- ceed to establish post offices ani post routes, and put into execution the postal laws of the United States within the said State, giving to loyal residents the preference of appointe ment; but if suitable residents are{ not found, then to appoine agents, &c , from other States. Fifth. at the district judge for the judicial district in which North Carolina is included proceed to hold courts within said State, in ac- cordance with the provisions of the act of Con- gress. The Attorney General will instruct the proper Officers to libel, and bring to judg- ment, confiscation, and sale property subject to confiscation, and enforce the admintstra- tion of justice within said State in all matters within the cognizance and jurisdiction of the Federal courts. Sizth. That the Secretary of the Navy take possession of all public property belonging te the Navy Department, within said geographi- cal limits, and put in operation all acts of Congress in relation to naval affairs having application to the said State. Seventh. That the Secretary of the Interior ut in force the laws relating to the Interior partment, applicable to the geographical limits aforesaid. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this twenty- ninthday of May,in the year of our Lord one thousand eight hundred and sixty-five. and of the indepencence of the United States the eighty-ninth. ANDREW JOHNSON. By the President: W. H. Sewarp, Secretary of State. OPINION OF ATTORNEY-GENERAL SPEED, ATTORNEY GENERAL'S OFrice, } May 1, 1565. 5 [t.8.] To the President: Sir: Ihave the honor to acknowledge the receipt of your letter of the 2ist April, 1865. By the Constitation of the United States (2d art., sec. 2, cl. 1,) the President is vested with the ‘‘power to grant reprieves and pardons for offences againet the United States, except in cases ef impeachment.” By the 13th section of the act of Congress, entitled “An act to suppress insurrection, to punish treason and rebellion, to seize and con- fiscate the property of rebels, and for other pur- poses,” approved 17th July, 1962, “the Presi- dent is authorized at any time hereafter, by proclamation, to extend to persons who may bave participated in the existing rebellion, in any State or part thereof, pardon and amnesty, with such exceptions, and at such time, and on such conditions as he may deem expedient for the public welfare.” The right and power of the President to pardon, and to issue any proclamation of amnesty, are derived from the clausesin the Cops abon and the act of Congress as quoted above. By the Constitution and the act of Congress, the power to pardon in individual cases, and the power of extending by proclamation am- nesty to classes of individuals, are solely in the hands of the President. It is, therefore, needless to discuss the question whether the actot Congress was necessary in order to enable the President lawfully to issue a proclama- tion of pardon and amnesty. The power of exercising audextending mercy Tesides in some department of every well-or- dered government. When order and peace reign, its exercise is frequent and its influence valuable. Its ipfluence is of value inestima- ble at the termination of an insurrection so suide-spresd as the one which in our country is just being suppressed. [ts appropriate of- fice is to soothe and heal, not to keep alive or irritate the rebellious and malignant passions * that induced, precipitated and sustained the insurrection. ‘his power to soothe and heal is appropriately vested in the Executive De- partment of the Government, whose duty it is to recognize and declare the existance ot an insurrection, to suppress it by force, and to proclaim its suppression. In order, then, that this benign power of the Government should accomplish the objects for which it was given, the extent and limits of the power should be clearly understood. Therefore, before pro- ceeding to answer the questions propounded in your ‘letter, it would seem to be eminently proper to state some of the obvions principles upon which the power to grant pardons and amnesty rests,and deduce from those prin- ciples the limitations of that power. The words amnesty and pardor havea ueual and well-understood meaning. Neither is de- fined in any act of Congress; the latter is not used in the Constitution. A pardon is @ remission of guil': an amnesty is an act of oblivion or forgetfuiness. They are acts ot sovereign mercy and grace, flowing from the appropriate organ of the Goy- ernment. There can be no pardon where there is no actualor imputed guilt. The acceptance of pardon is the confession of guilt, or of the ex- istence of a state of facts from which a judg- ment of guilt would follow. A pardon may be absolute and complete, or it may be conditional and partiai. The whole penalty denounced by the law against an of- fender may be forgiven, or so much of it only as may seem expedient. The power to pardon is not exhausted by its partial use. A partof the penalty may be forgiven now, and at a fu- ture time another part, and so on tillthe whole is forgiven. This power may be so used as to place the offender npon trial and probation as to his good faith and purposes. A pardon may be upon conditions, and those conditions may be precedent or subsequent. The conditions, however, appended to a par- don cannot be immoral, illegal, or inconsistent with the pardon. If a condition precedent annexed to a pardon be immoral, as that the person in whose favor it issued, should never speak the truth; or ille- gal, as that he should commit murder; or in- consistent with the pardon, as that he should never eat or sleep, the pardon would never at- tach or be of ayail. On the ether hand, if those conditions were subsequent, that is, if it were declared that the pardon should be void if the party ever spoke the truth, orif he did not commit murder, or if he should eat or sleep, the pardon would attach and be valid, and the condition void and of no effect. & condition subsequentis broken, the offender could be tried and punished for the original offence. The breach of the condition would: make the pardon void Any conditions, precedent or subsequent, may, therefore, be appended, that are not immoral, illegal, or inconsistent with the pardon. This great and sovereign power of mercy can never be used 43 a cover fer im- moral or illegal conduct. Asa pardon vprenap poets that an offence has been committed, and ever acts upon the past, the power to grant it never can be exerted as an immunity or license for fatare misdoing. + mnt, and present such a re; of A pardon procured by fraud or for a fraudu- eng coverammont as will bare si to | lent purpose, upon the su ion of the the guarantee of the United States therefor, | truth or the suggestion of hood, is void. and its people to protection by the United | Itisa of mercy, given without other fee States t invasion, , and do- | or reward than the faith, truth, and re- mestic moe: Provided, that in any elec- | pentance of the culprit. On the other hand, as tion that may be hereatter rales En act of grace freely given, when obtained delegates to psy, State convention as Pett 9 without: ood; fraud, and for no fraudulent no shail be qualified asan elector, or | Use, it should be liberally construed in favor of shal} be eligible asa member of such convene | the repentant offender. tion, unless be shall have previously taken A promise to paren is not a lon, and and subscribed the oath of amnesty,as set may at any time be withdrawn. But a pardon in the nt’s proviamation of May 29, A. | may be o! j, amd the offer kept opens and D. 1665, and is @ voter qualified ana thus be'continuing, s0 that the person whom by the Constitution and laws of the State of } itis offered may accept itata futureday, After “the N®*. 3,820. $e = the pardon has been accepted it becomes a valid act, and the person réceiving it is entitled toall an pense pees he principles hereinbefore stated CA however, that an effer of pardon.be DOaeCed as a license or indulgence to commit con- tinuing or future offenses, or as giving immu- nity froth the consequence of such offenses, After the offender shall Rave received notice of the offer, or after a reasonable time shali have elapsed within which he must be pre. sumed to have received notice of ihe offer, he cannot continue his tll-doing &nd then accapt and rely upon the offer of pardon as an indem- nity against what he did before and also what he did after notice. Such a construction of the pardoning power would virtually convert tt into a power to license crime. The high and necessary power of extending pardon and amnesty can never be rightfully exercised 80 &s to enable the President to say to offenders against the law, “I now offer yon a free pardon tor the past; or at any futureday when you shall, from baffled hopes, or after being foiled in dangerous and bloody enter- prises, think proper to accspt, I will give you & pardon for the then past.” Vhen men have offended against the law, their appeal is for mercy, no: for justice. In this country, and under this Government, vio- lators of the law have offended against a law of their own making; out of their own mouths they are condemned—conyicted by their own judgments—aud, under a law of their own making, they cannet ap r before the seat of marcy and eoenney eee the fulfilment of Promise of pardon which they ha 2} aiid defied. P y have refused The excellence of mercy and charity inana- tonal trouble like ours ought not to be under- valued. Such feelings should be fondly cher- ished and studiously cultivated. When brought into action they should be generously but wisely indulged. Like all the great, neces- sary and useful powers in nature or in gov- ernment, harm may come of their improvident use, and perils which seem passed may be renewed, and other and new dangers be pre- cipitated. By @ too extenaed, thonghtless, or uu wise kindness, the man or the Government may warm into life an adder that will requite wee Kindness by a fatal sting from a poisonous fang. Keeping in view these obyions and funda- mental principles that fix and limit the powers of paidon and amnesty under the Constitution and the law, I will proceed to copsider the questions propounded by you on the procla- mations dated respectively the sth day of December, 1°63,and the 26th day of March, se63, commonly called the amnesty proclama- uoas. You ask my opinion, first, as to the proper constraction and effect of those proclamations upon the citizens and resjdents of rebel States wat axe taken the oath of amnesty prescribed therein. These two proclamations must be read to- gether and regarded as one instrument. That must, at least, be so, from the date of the last proclamation, March 26, 1261. Nodoubt many persons did, betwixt the Sth December, 1563, and 26th March, 1964, take the oath who could not have done so had the original proclama- tion contained the exceptions set forth in the second. What the rightsareof those who took the oath in that intermediate space of time, and who could not have taken it after the 26th March, 1564, is purely a judicial question. The facts in such cases are accomplished, and the Tights arising out of those facts have attached and become vested. If not improper, it would be, at least, idle in me to express an opinion on those cases. The judicial department of the Government must determine the law in those cases, when they are properly presented betore the courts. For all practical purposes, So far as the Ex- ecutive Department ef the Government is con- cerned, both proclamations may therefore be regarded as of date the 26th March, 1561. From that point of view their proper operation and effect are now to be considered. It is plainly stated on the face ot the second proclamation that its objects ‘were losappress the imsurrection and to restore the authority of the United States, and with reference to these objects alone.” In the midst of a gigantic ef- fort on the part of traitors to dismember our country and overthrow our Government, the President. in the legitimate exercise of his great powers, invokea the healing influences of charity and forgiveness. His great heart but responded to the eager desire of the Ameri- can people to win back this misguided People to their allegiance, and to peace and order, by gexrtleness, rather than to compel obedience by the dread powers of war. it must not be su: posed that in giving ex- pression toand making a law of this noble wish of bis heart, and the heart of the people whom he represented, it was intended to give license and immunity to crime and treason for the then tuture. His expressed object was “to suppress the insurrection, and to restore the authority of the United States, and that alone.” His object was made still more manifest when he said that the person “shall yolunta- rily come forward and take the said oath, with the purpose of restoring peace and establishing the national authority.” The reluctant, unrepentant, defying persons who, in their hearte, desired the success of the rebelliom and the overthrow of the Govern- Tent, were not invited to take the oath; and if any such should take it, they would but add perjury, a God-defying sin, to that of treason : and if that fact can be shown to a judicial tri- bunal, it seems to me that they should take no benefit from the pardonand amnesty. A mind and heart unpurged of treason were not invi- ted by the amnesty proclamation to add there- to the crime of perjary. It seems to me, then, that all the citizens and residents of the rebel States, not excepted from the amnesty, who did, after the issuing of the yroclamation, or after notice thereof, or within @reasonable time within which it mnet be supposed they had notice, refrain from farther hostilities, and take the oath of amnesty volun- tarily, with the purpose of restoring peace and es- loblishing the national authority, beng n* the time free from arrest, confinement or . ss, and not under bonds, are entitled to ai the benefits and rights so freely and benignly given by & magnanimous Government. When the oath has been taken without the purpose of Testoring peace and establishing the national authority, though taken promptly, it seems te me that the amnesty and pardon donot attach. This, however, is a judicial. question which the courts may decide contrary to my opinion. I ought not, perhaps, to express ary. in giving this construction te the amnesty. proclamation, 1 have been constantly im- pressed by & paragraph in the lastannuai mes- sage of the President of the United States. It reads as fellows: A year ago general pardon and amnesty, upon specitied terms, were of- fered to all, except certain designated classes; and it was, at the same time, made known that theexcep'ed classes were still within contem- piation of special clemency. During the year many availed themselves of the general pro- vision, and many more would, only that the signs of bad faith in some led to such precan- tionary measures as rendered the practical process less easy and certain. During thesame time, also. special pardons have been granted to individnals of the excepted classes, and no voluntary application has been denied. Thus, practically, the door has been for full year open to all, except such as were notin con- dition to make free choice; that is, such as were in custody or under constraint. Itis stillopen to all. Bunt the time may come—probably will come—when public duty shall demand that it be closed, and that, in lieu, more rigorous méasures than heretofore shall be adopted.” A profound respect for the opinions of that reat and 1d man, Abraham Lincoln, late resident of the United States, induces me to ponder long and well before I can venture to express an opinion differingeven ina shade from his. But all who had the good fortune to know him well must teel and know that from his very nature he was not only tempted but forced to strain his power of merey. His love for mankind was boundless; his charity all-embracing, and his benevolence so sensi- tive that he was sometimes as ready to pdrdon the unrepentant as the sincerely penitent of- fender. Clearly and pointedly does the above persgraph, show to world that such was is nature. He says: “ During the whole year that sppcinl paréons have been granted to in- dividuals ef the excepted class, no voluntary application has been denied.” The door of mercy to his heart was, we know, ever open; and yet he closes the paragraph with this Bificant sentence: “ But the mey Probably will come—when public duty shall demand that it be closed: suse ta Ne more rigorous measures than heretofore 8 Adopied. tate Pres. ult is Probably fair to inter voton of eemnest ident understood his proclamane Ot now long as giving pardon, 10 St; SsSther nan ee nee’ of the offer ornot. mee t so farts, to say ft donueral ques ; T ama clear and resident.bad Bo power to make. an open ‘which could be relied upon as ofenses committed after notice the least, | lamation - + ie age of the first proclamation ‘s, however, consonant with this opinion. It is Sddressed to “all persons who have i riled existing redellion” —Words , fT am right in this construction of the mation—and I am satisfied in my own ming that £ am—another proclamation ined. Persons should not be invited to ‘ake whieh 28d to comply with terme i cepeeney c&mnot obtain fires legal rights. It 6 especially due to those who have here of the bene = Mefiis of pardon and amnesty, another proclamation should be substituted, covering the now -past. Persons who have been constanily engaged in rebellion should know distinctly what they are to doy when and how they are to do it, to themselves from punishment, in whole, or in to state themselves as before the rebellion. Such 4s have been affected merely by treason~ able associations should be absolutely ven. Appropriate conditions should be appe; to the pardon oi many. The grace and favor of the Government should now be large and gen. erous, and the operation and effect of its prof. fered mercy should not be left uncertain, = The second question you ask, is as to ‘he rights of the citizens and residents of the rebel States who have not taken, or offered to take, the onth avd comply with the terms of the proclamation. Here, again, we meet trouble and uncer- ‘ainty. The expressed objects of the proclamation Aare fo suppress the insu ttom and to restere the authority of the United s. Can any one be permitted to take the oath and comply with he terms prescribed in the proclamation, in & State or & community where the civil and mijitary power of the insurrection has been destroyed and the rebellion suppressed, and the anthority of the United’ States is estab- lished without let or hindrance? Or does the insurrection continue, in legal contemplation, ‘hough not in fact, until the Executive Dee pertment of the Government shail, by procla- mation, deciare that it has been suppressed ? Aud would this proclamation of pardon and amnesty continue and be open er procia. mation that the rebellion Rad been suppresse: It would seem, from the proclamaiion, that the amnesty was extended to those who were Willing to aid in aUpDrersing, as weil as re- storing; amd yet it may. and doubtless will be contended, and with mueh force and show of reason, that all who haye stood by and ee} to the insurrection tit] its organization ani power, both civil and military, were gone, ave nevertheless a rightto take all the bene fits of the amnesty, because they will lend reluctant aid in restoring an authority which they hate. Amnesty is proffered for aid in sup- pressing and restoring; amnesty is demanded for aid in the work of restoration. Full re- ward is required for less than halfof the service that is needed. Asa measure (o aid in {)¢ supprezsion of the rebellion, the late proclamation has done its full and complete office. Now, one is desired to aid in resioring order and reorganizing society in the rebellions States. Reconstraction is not needed: that word conveys an erroneous idea. The construction of this government is &s per- tect as hnman wisdom can makeit. The trial to which its powers and capacities have been subjected in this effort at revolution and dis- Mmemberment proves with what wisdom its foundations have been laid. Ours isa task to preserve principles and powers clearly and well detined, and that have carried us safely through our past troubles. Ours is nota duty to reconstruct or to change. Society in the rebel States has not been and is not now in a normal condition, nor in harmony with the principles of our Government. That society has rebelled against them, and made war upon the principles and powers of our Government. In so doing it has offended, and stands a con- victed culprit. Mercy must be largely extended. Some of tbe great leaders and offenders only must be made to feel the extreme rigor of the law—not in a spirit of revenge, butto put the seal of in- famy upon their conduct. Butthe mercy ex- tended to the great mass of the misguided peo- ple can and should be so used as to r ize society upon a loyal and freedom loving is. It is manifestly for their good, and the ood of mankind that! this should be done. he power of pardon and mercy is adequate tothis end. Such conditions, precedent and subsequent, can legally and properly be ap- pended as will root out the spirit of rebellion, and bring society in those States into perfect accord with the wise and thorough-tried prin- ciples of ourGovernment. _ Ut this power of pardon is wisely used, peace willbe established upon & sure and perms- t basis. aon anes grounds, in addition to what has been before said, I am of the opinion that an- other and a new offer of amnesty, adapted to the existing condition of things, should be proe claimed. a I do not conceive that it is in place just now, even if 1 were prepared todo so, which I am not, beeause not sufficiently ad vised of the tem- per of those £o lately in rebellion, for me tosay ‘what should be the terms of thesuggested pro- clamation. I have the honor to be, Aas very respect- ly, your obedient servan' see JAMES SPEED, Attorney General. se THE CONSPIRACY TRIALS, CONCLUSION OF YESTERDAY'S TEs- TIMONY. THE YELLOW FEVER PLOT. Se SS JAKE THOMPSON IMPLICATED. ane Saray Our report of the conspiracy trial closed yesterday with Godfrey J. Hyams on the stand, (for the Government) who had testifiee to his visiting Washington and Norfolk with imfected clothing to spread the yellow fever, and, if possible, destroy the population and the army. Witness had returned to Canada after spending some time in Washington in carrying out the plans of Blackburn, and pon his return to Canada, was referred by Blackburn to Jake Thompsen. Witness resuming: I went to see Jacob Thompson the next merning; he said that Dr. Blackburn had been there and made ar- rangements to pay me one hundred dollars when the goods had been disposed oi accord- ing to his directions; 1 told him I needed the money; he said :—*I will giveyonu fifty dollars now, butit is against Dr. Blackburn's request; when you show me that you have sold the goods I will pay the balance;I gave hima receipt for fifty dollars on account of D-. Blackburn; this was the 11th or 12th oi Auguss the next day I wrote a letter to Mr. Wall, bere, saying I had gone to Canada since he sol2 whe goods, and asked him to remit me the pro- ceeds at Toronto; when I got the letter of Wil- Ham L. Wall I took it to Colonel Thompson; he said he was satisfied with it, and gave me & check for fifty dollars on the Ontario Bank of Montreal; I gave him a receipt for fifty dol- lars on accountof S.P. Blackburn; Thompson seemed to have a perfect knowledge the character of the goods I was selling to him; I mentioned the Jarge sum that had been promised by Dr. Blackburn. and he said the Confederate Government had appropriated $200,000 for that purpose. Q. Can yon state whether C.C. Clay and Professor Holcombe, when you met on your return, in their conver- sation with you, seemed always perfectly to understand the business you were engaged in? A. Yes; after I returned back to Canada I met Clay, Holcombe, Preston, Beverly Tucker, Dr. Blackburn, and several other gentlemen at the Clifton House, Niagara Falls. Q. They then bad a know ledge of your enterprise! A. Yes, sir. Q. And they. complimented you u your success! A. Heicomd and Olay Stuart Robinson, a divine ef Louisville, Pe who in- troduced me to Dr. Blackburn, not have any knowledge of the business from me. 3 don’t know what knowledge he had from Dr. Blackburn. Hesaid he did not know the na- ture of the business | was going on, and that he did not wish to commit any overtact. All I know is that Dr. Robinson took good care of me all the time I was there that time until Dr. Biackburn wrote forme. He did not give me apy money. The jadee Advocate asked the couusel for the Rerace renee they desired to cross-ex~ amine the witness. Mr. Aiken replied that before the witness was discharged he desired to know whether it was the purpose of the Judge Advocate to make use of the testimony in the summing up againat soners. . due f ire liod tide to ail the teatimno mode reference would Dé Ti? tnat the object of thi in sory was 20 connect the rebellion with this crime. tIMONY OF WM. L. WALL. Witness is an auction and commission mer- chant of this city. While I was out of town last August, My book-keeper received from a party named Harris, lot of shirts and ceates, Pehich he desired to be sold at auction the next morning; the book Keeper said he would sell them; he asked foran advance on them, and $100 per trunk was the ameunt advanced, and the goods were sold the next morming; I didnot see them at all. TESTIMONY OF A. BREXNER. ‘Witness was employed last summer in the service of Mr. Wall, commission. U