ress or
its radical leaders were disposed to assume and exercise not only
legislative, but judicial and executive powers. Rebels were by Congress
to be condemned and their property confiscated and taken without trial
and conviction. Such was not the policy of the President, as was soon
well understood; and to reconcile him and those who agreed with him, a
provision was inserted that persons who should commit treason and be
"_adjudged guilty thereof_" should be punished. But to prevent
misconception from equivocal phraseology in a somewhat questionable act,
he explicitly made known that "regular trials in duly constituted
courts" were to be observed, and the rights of the executive and
judicial departments of the Government maintained. This precaution, and
the determination which he uniformly expressed to regard individual
rights, and not to impose penalty or inflict punishment for alleged
crimes, whether of treason or felony, until after trial and conviction,
was not satisfactory to the extremists, who were ready to treat rebels
as outlaws, and condemn them without judge or jury.

The Centralists in Congress, who were arrogating executive and judicial
as well as legislative power, authorized the President, by special
provision in this law, to extend pardon and amnesty on such occasions as
he might deem expedient. This was represented as special grace and a
great concession; but as the pardoning power is explicitly conferred on
the President by the Constitution, the permission or authorization given
by the act was entirely supererogatory. Congress could neither enlarge
nor diminish the authority of the Executive in that respect; but if the
President acquiesced, and admitted the right of the legislative body to
grant, it was evident the day was not distant that the same body, when
dissatisfied with his leniency, would claim the right to restrain or
prohibit. The ulterior design in this grant to the President of
authority which he already possessed, and of which they could not
legally deprive him, President Lincoln well understood, but felt it to
be his duty and it was his policy to have as little controversy with
Congress or any of the factions in that body as was possible, and he
therefore wisely forebore contention.

On the slavery question, the alleged cause of secession and war, there
were legal and perplexing difficulties which, in various ways,
embarrassed the Administration, and in the disturbed condition of the