ACCOMPANYING THE PRESIDENT'S MESSAGE, DECEMBER 8, 1863.
Whereas, in and by the Constitution of the United States, it is provided that the President "shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment;" and whereas a rebellion now exists whereby the loyal State governments of several States have for a long time been subverted, and many persons have committed and are now guilty of treason against the United States; and whereas, with reference to said rebellion and treason, laws have been enacted by Congress declaring forfeitures and confiscation of property and liberation of slaves, all upon terms and conditions therein stated; and also declaring that the President was thereby authorized at any time thereafter, 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 and at such times and on such conditions as he may deem expedient for the public welfare; and whereas the congressional declaration for limited and conditional pardon accords with well established judicial exposition of the pardoning power; and whereas, with reference to said rebellion, the President of the United States has issued several proclamations with provisions in regard to the liberation of slaves; and whereas it is now desired by some persons heretofore engaged in said rebellion to resume their allegiance to the United States, and to reinaugurate loyal State governments within and for their respective States: Therefore,
"I, Abraham Lincoln, President of the United States, do proclaim, declare, and make known to all persons who have, directly or by implication, participated in the existing rebellion, except as hereinafter excepted, that a full pardon is hereby granted to them and each of them, with restoration of all rights of property, except as to slaves, and in property cases where rights of third parties shall have intervened, and upon the condition that every such person shall take and subscribe an oath, and thenceforward keep and maintain such oath inviolate; and which oath shall be registered for permanent preservation, and shall be of the tenor and effect following, to wit:
"I, ————, do solemnly swear, in presence of Almighty God, that I will henceforth faithfully support, protect, and defend the Constitution of the United States, and the union of the States thereunder; and that I will in like manner, abide by and faithfully support all acts of Congress passed during the existing rebellion with reference to slaves, so long and so far as not repealed, modified, or held void by Congress, or by decision of the Supreme Court; and that I will, in like manner, abide by and faithfully support all proclamations of the President made during the existing rebellion having reference to slaves, so long and so far as not modified or declared void by decision of the Supreme Court. So help me God."
The persons excepted from the benefits of the foregoing provisions are, all who are, or shall have been, civil or diplomatic officers or agents of the so-called confederate government; all who have left judicial stations under the United States to aid the rebellion; all who are, or shall have been, military or naval officers of said so-called confederate government, above the rank of colonel in the army, or of lieutenant in the navy; all who left seats in the United States Congress to aid the rebellion; all who resigned commissions in the Army or Navy of the United States, and afterwards aided the rebellion; and all who have engaged in any way in treating colored persons, or white persons in charge of such, otherwise than lawfully as prisoners of war, and which persons may have been found in the United States Service as soldiers, seamen, or in any other capacity.
And I do further proclaim, declare and make known, that whenever, in any of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee, Alabama, Georgia, Florida, South Carolina, and North Carolina, a number of persons, not less than one-tenth in number of the votes cast in such State at the presidential election of the year of our Lord 1860, each having taken the oath aforesaid, and not having since violated it, and being a qualified voter by the election law of the State existing immediately before the so-called act of secession, and excluding all others shall re-establish a State government which shall be republican, and in nowise contravening said oath, such shall be recognized as the true government of the State, and the State shall receive thereunder the benefits of the constitutional provision which declares that "the United States shall guaranty to every State in this Union a republican form of government, and shall protect each of them against invasion; and, on application of the Legislature, or the Executive (when the Legislature cannot be convened), against domestic violence."
And I do further proclaim, declare, and make known that any provision which may be adopted by such State government in relation to the freed people of such State, which shall recognize and declare their permanent freedom, provide for their education, and which may yet be consistent, as a temporary arrangement, with their present condition as a laboring, landless, and homeless class, will not be objected to by the National Executive. And it is suggested as not improper, that, in constructing a loyal State government in any State, the name of the State, the boundary, the subdivisions, the constitution, and the general code of laws, as before the rebellion, be maintained, subject only to the modifications made necessary by the conditions hereinbefore stated, and such others, if any, not contravening said conditions, and which may be deemed expedient by those framing the new State government.
To avoid misunderstanding, it may be proper to say that this proclamation, so far as it relates to State governments, has no reference to States wherein loyal State governments have all the while been maintained. And for the same reason, it may be proper to further say that whether members sent to Congress from any State shall be admitted to seats, constitutionally rests exclusive with the respective Houses, and not to any extent with the Executive. And still further, that this proclamation is intended to present the people of the States wherein the national authority has been suspended, and loyal State governments have been subverted, a mode in and by which the national authority and loyal State governments may be re-established within said States, or in any of them; and, while the mode presented is the best the Executive can suggest, with his present impressions, it must not be understood that no other possible mode would be acceptable.
Given under my hand, at the City of Washington, the 8th day of December, A.D. 1863, and of [L.S.] the independence of the United States of America the eighty-eighth.
ABRAHAM LINCOLN.
By the President.
Wm. H. Seward, Secretary of State.
PRESIDENT JOHNSON'S AMNESTY PROCLAMATION.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
Whereas, The President of the United States, on the 8th day of December, 1863, did, with the object of suppressing the existing rebellion, to induce all persons to lay down their arms, to return to their loyalty, and to restore the authority of the United States, issue proclamations offering amnesty and pardon to certain persons who had directly or by implication, engaged in said rebellion; and
Whereas, Many persons who had so engaged in the late rebellion have, since the issuance of said proclamation, failed or neglected to take the benefits offered thereby; and
Whereas, Many persons who have been justly deprived of all claim to amnesty and pardon thereunder, by reason of their participation directly or by implication in said rebellion, and continued in hostility to the Government of the United States since the date of said proclamation, 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, and order, and freedom may be established, I, Andrew Johnson, President 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 hereafter excepted, amnesty and pardon, with restoration of all rights of property, except as to slaves, except in cases where legal proceedings under the laws of the United States, providing for the confiscation of property of persons engaged in rebellion, have been instituted, but on the condition, nevertheless, that every such person shall take and subscribe to the following oath, which shall be registered, for permanent preservation, and shall be of the tenor and effect following, to wit:
I do solemnly swear or affirm in presence of Almighty God, that I will henceforth support, protect, and faithfully defend the Constitution of the United States, and will, in like manner, abide by and faithfully support all laws and proclamations which have been made during the existing rebellion with reference to the emancipation of slaves. So help me God.
The following classes of persons are excepted from the benefits of this proclamation.
1. All who are or have been pretended diplomatic officers, or otherwise domestic or foreign agents of the pretended Confederate States.
2. All who left judicial stations under the United States to aid in the rebellion.
3. All who have been military or naval officers of the pretended Confederate Government above the rank of colonel in the army, and lieutenant in the navy.
4. All who left their seats in the Congress of the United States to aid in the rebellion.
5. All who resigned or tendered the resignation of their commissions in the army and navy of the United States to evade their duty in resisting the rebellion.
6. All who have engaged in any way in treating otherwise than lawfully as prisoners of war, persons found in the United States service as officers, soldiers, seamen, or in other capacities.
7. All persons who have been or are absentees from the United States for the purpose of aiding the rebellion.
8. All military or naval officers in the rebel service who were educated by the Government in the Military Academy at West Point, or at the United States Naval Academy.
9. All persons who held the pretended offices of Governors of the States in insurrection against the United States.
10. All persons who left their homes within the jurisdiction and protection of the United States, and passed beyond the Federal military lines into the so-called Confederate States for the purpose of aiding the rebellion.
11. All persons who have engaged in the destruction of the commerce of the United States upon the high seas, and all persons who have made raids into the United States from Canada, or been engaged in destroying the commerce of the United States on the lakes and rivers that separate the British provinces from the United States.
12. All persons who, at a time when they seek to obtain the benefits hereof by taking the oath herein prescribed, are in military, naval or civil confinement or custody, or under bond of the military or naval authorities or agents of the United States as prisoners of any kind, either before or after their conviction.
13. All persons who have voluntarily participated in said rebellion, the estimated value of whose taxable property is over twenty thousand dollars.
14. All persons who have taken the oath of amnesty, as prescribed in the President's proclamation of December 8, 1863, or the oath of allegiance to the United States since the date of said proclamation, and who have not thenceforward kept the same inviolate; provided, that special application may be made to the President for pardon by any person belonging to the excepted classes, and such clemency will be 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 recording the said amnesty oath, so as to insure its benefits to the people, and guard the government against fraud.
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 the 29th day of May, 1865, and of the independence of America the 89th.
ANDREW JOHNSON.
By the President,
Wm. H. Seward, Secretary of State.
A PEACE PROCLAMATION.
On the 20th of August, 1866, the President issued a proclamation announcing the return of peace and restoring the writ of habeas corpus in all the Southern States. Among the points made in this proclamation are the following:
"There now exists no organized armed resistance of the misguided citizens or others to the authority of the United States in the States of Georgia, South Carolina, Virginia, North Carolina, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, and Florida, and the laws can be sustained and enforced therein by the proper civil authority, State or Federal, and the people of the said States are well and loyally disposed, and have conformed, or will conform, in their legislation to the condition of affairs growing out of the amendment to the Constitution of the United States prohibiting slavery within the jurisdiction of the United States.
"* * * The people of the several before mentioned States have, in the manner aforesaid, given satisfactory evidence that they acquiesce in this sovereign and important revolution of the national unity.
"It is believed to be a fundamental principle of government that people who have revolted, and who have been overcome and subdued, must either be dealt with so as to induce them voluntarily to become friends, or else they must be held by absolute military power, or devastated so as to prevent them from ever again doing harm as enemies, which last named policy is abhorrent to humanity and freedom.
"The Constitution of the United States provides for constitutional communities only as States, and not as territories, dependencies, provinces, or protectorates.
"* * * Therefore, I, Andrew Johnson, President of the United States, do hereby proclaim and declare that the insurrection which heretofore existed in the States of Georgia, South Carolina, North Carolina, Virginia, Tennessee, Alabama, Louisiana, Arkansas, Mississippi, and Florida is at an end, and henceforth to be so regarded."