Mr. FINCK. Now, the Gentfrom Pennsylvania, whose favorite 3rd section has been killed, prooses to accept in its stead the section just read), which does not. deprive the peeple of the States lately in rebellion of the right to vote, but of the right to hold office. ell, it is very sweeping in its operation. What does it. propose? Not only that members of Congress, Cabinet ministers, and judges of the SCOTUS, who vol untarily went into the rebellion, but that every man who has exercised judicial or legislative functions under the Federal Government or under the States themselves, who went into the rebellion giving it aid and comfort shall forever be excluded from holding office, not only under the Federal Government, but under the State governments. That, sir, is a sweeping clause. Everybody knows that 1000s and 100s of 1,000s of the people of those States who went. into the rebellion and gave it aid and comfort did so involuntarily. They were compelled to do so. Many of them were drafted. You do not except those men from the operation of this provision, but the are placed side by side with Davis, Breckinri ge, Toombs, Slidell, and Mason, and are by this section excluded from holdin any office, civil or military, either under the federal or State governments. I say it is. an outrage upon the people of those States who WET: compelled to give their aid and assistance in the l M New, sir; every man knows that from the moment the jurisdiction of the U.S. had been Stlfe'esauny mm and ousted. so "let 3' Etnano ion e': to poem ‘the pee Tviw Within‘the'lirnits‘ I this so'called confederate power, these people were allowed by the laws of nations to yiel obedience to that power which for the time being controlled them, and gave them protection. That doctrine has been establishet in GreatBritain for many generations, and has been recognized by the SCOTUS. You propose to do what you have no right to do by law; you propose to make an expostfacto law by an amendment to the Constitution. You propose to inflict upon these people a punishment not. known to the law in eXistence at the time any offense may have been committed, but after the offense has been committed; you propose a punishment. which the Constitution and laws of the U.S. do not now provide. You propose to disfranchise men who have a plied for in good faith and received pardons from the President. Now what is the effect of a pardon? It is to make the man pardoned a new man; not merely as the Gentfrom Pennsylvania [Mr. S'rnvnss] would have it, to remove the punishment prescribed by law, but to remove all forfeitures and penalties. such is the weight of authority of all the decisions of the courts without any exception. And on this point, I will rler to some authorities. which I quoted oii a ormer occasion in this House. Chief Justice Marshall, in the case of the U.S. vs. Wilson. 7 Peters, 162, speaking on this subject of pardons in En"gland, said: As the power has been exercisedfrom time im incine rial by the Executive of that nation whose language is our language and to whoscjudicial institutions ours bear a close resemblance.we adopt their principles respecting the loperation and c'ffect of a pardon and look into their books for the rules prescribing the manner in which it 18!!)be usedby the person who would avail himself of it." In 7 Bacon's Abridgment, page 416, it is sa“id: It wasformerly doubtedwhethera pardon could do morethan tak cawaythe punishment.leaving the crime and its disabling consequence suii rcmoved. But it is now settledthat a pardon. whether by the king or by notof Parliament, removes not only the punishmentbut all the legal disabilities consequent on the crime." The doctrine is thus stated in 1 Bishop on Criminal Law, 713: "The effect of a full pardon is to absolvethe party from all the legal consequencesof his crime and of his conviction direct and collateral. including the punishment whether of imprisonment. iccuniary penalty or whatever elsethe law provided." Also, in 5 Bacon‘s Abridginent it is laid down: " It seemsagreedthat a pardon of treason or felony. even after an attainder. so far clearsthe party from the infamy and all other consequences thereof. that he in.y have an action against any who shall afterward call him a traitor or felon.for the pardonmakes him. usit were, a new man." Blackstone says: “A pardon may he pleaded in bar as at once dbeystroying the end apd purpose of the indictment. remittinir the punishmentwhich the prosecution is calculated to inflict.” x150 I “The effectof such a pardon by the kin is tomake the offendera newman; toaequithim of n lcorporcal punishmentnnd forfeitures annexedto that offense. for which he obtains his pardon." Sir, the time has come for the exercise of the spirit of forgiveness, conciliation, and kindness, in order to restore fraternal relations between the sections. Mr. Speaker, I am not only opposed to this 3rd section, but I am at. this time, in the present condition of the country. opposed to al amendments to the Constitution. But the distin uislied Gentfrom Pennsylvania is iifrai that power may pass from the hands of his party, and that Democrats may again be in the majority on this floor. P1Sirfili believe the time will soon come when the powor shall have passed from the radicals 'who have abused it, and this Government be lonce more administered by that glorious old part which administered it so long and so, wise y, and under which this nation advanced in Mss and glory without a parallel in history. Gentlemen are accustomed to speak in terms of derision of the Democratic party. Sir, it will survive their assaults. Yes. survive to take charge of and administer this government again. To heal the wounds which have been inflicted upon the country; to bind closer the bonds oft e Union; to gather once more around the common altar of the country, in friendship and patriotic devotion, the Representatives of all the States. Gentleman would do well not to forget that the Democrats of these 25 States, in 1864.polled 1800,000 votes. And they should not forget that to day.perhaps. these 1800,000 men have, by accessions of conservative men, swelled into an actual majority of the voters of these 25 States. But. Mr. Speaker, whatever their numbers may be. they are men who have as much interest in the honor, the glory, and prosperity of this country as any 0t ier equal number of men within the limits of the Republic. They are today, as they have always been, devoted to the Lnion of these States; and, by the blessing of Heaven, they are determined to maintain that Union, and the Constitution which reserves it, against the assaults of all, whet ier they come from the North or the South.