First. The chief, or pretended chief executive officers, including the President, Vice-President, and all heads of departments of the pretended Confederate or Rebel Government, and all who were agents thereof in foreign states and countries, and all who held, or pretended to hold, in the service of the said pretended Confederate Government, a military rank or title above the grade of Brigadier-General, or naval rank or title above that of Captain, and all who were, or pretended to be, governors of States while maintaining, abetting, submitting to, or acquiescing in, the Rebellion.
Second. All persons who, in any way, treated otherwise than as lawful prisoners of war, persons who, in any capacity, were employed or engaged in the military or naval service of the United States.
Third. All persons who, at the time they may seek to obtain the benefits of this proclamation, are actually in civil, military, or naval confinement or custody, or legally held to bail either before or after conviction; and all persons who were engaged directly or indirectly in the assassination of the late President of the United States, or in any plot or conspiracy in any manner therewith connected.
This proclamation further declared the amnestied persons restored to all privileges, immunities, and rights of property, except as to property with regard to slaves, and except in cases of legal proceedings under the laws of the United States.
This proclamation amnestied a very large number of Rebels, and left very few to be excepted from pardon, and the greater part of these received special pardons from the President upon application, without any professions of repentance being required. Other cases also received the Executive clemency, greatly to the prejudice of all efforts to bring offenders to justice. Every counterfeiter or forger of the national currency or bonds, every man who had defrauded the Government during the war, by means of spurious claims, and every one who was detected in the attempt to cheat the Government of its dues in the way of internal revenue, was promptly pardoned by the Executive, generally on the first application.
General Hancock assumed command of the Fifth Military District on the 29th of November, 1867, and issued a special order on taking command, of which the second item was the most important, as containing an exposition of his intentions in regard to the military and civil government of the district. It was as follows:—
“Second. The General commanding is gratified to learn that peace and quiet reign in this department. It will be his purpose to preserve this condition of things. As a means to this great end, he regards the maintenance of the civil authorities in the faithful execution of the laws, as the most efficient under existing circumstances. In war it is indispensable to repel force by force, and overthrow and destroy opposition to authority; but when insurrectionary force has been overthrown and peace established, and the civil authorities are ready and willing to perform their duties, the military power should cease to lead, and the civil administration resume its natural and rightful dominion. Solemnly impressed with these views, the General announces that the great principles of American liberty still are the lawful inheritance of this people, and ever should be. The right of trial by jury, the habeas corpus, the liberty of the press, the freedom of speech, and the natural rights of persons and the rights of property must be preserved. Free institutions, while they are essential to the prosperity and happiness of the people, always furnish the strongest inducements to peace and order. Crimes and offenses committed in the district must be referred to the consideration and judgment of the regular civil authorities, and these tribunals will be supported in their lawful jurisdiction. Should there be violations of existing laws, which are not inquired into by the civil magistrates, or should failures in the administration of justice by the courts be complained of, the cases will be reported to these Head-quarters, when such orders will be made as may be deemed necessary. While the General thus indicates his purpose to respect the liberties of the people, he wishes all to understand that armed insurrections or forcible resistance to law, will be instantly suppressed by arms.”
President Johnson had at last, after much tribulation, found a district commander after his own heart; and though it was soon found that General Hancock removed loyal men from office, and, so far as he could, put disloyal ones in their place, and that he was winning the praise of every rebel in his district and the hearty dislike of every loyal citizen, yet the President was so delighted with his course and his proclamations, that on the 18th of December, 1867, he sent a message to Congress, in which, after the most fulsome commendation of the General, comparing him to Washington, and saying that to him belonged the distinguished honor of being the first officer in high command south of the Potomac, since the close of the civil war, who had given utterance to these noble sentiments in the form of a military order, he suggested to Congress, that some public recognition of General Hancock’s patriotic conduct was due, if not to him, to the friends of law and justice throughout the country. “Of such an act as his at such a time,” he continued, “it is best fitting that the dignity should be vindicated and the virtue proclaimed, so that its value as an example may not be lost to the nation.” Congress could not view General Hancock’s conduct in so praiseworthy a light, and they accordingly declined to make any public recognition of it.
On assuming command, General Hancock found in force an order issued by General Mower, who had been in temporary command, dated November 21, removing several State and other officers. These orders were revoked in different orders, and on the 3d of December, General Mower was relieved from duty as Commander of the District of Louisiana and Commissioner of Freedmen, and returned to his regiment. General Hancock also issued an order, December 5, revoking an order issued August 24, requiring persons to be sworn for registered voters, and restoring the State laws.
An order was issued from the Freedmen’s Bureau for the District of Louisiana, December 19, which provided that all differences between whites and freedmen, or between freedmen themselves, should first be referred to the civil courts for adjudication. The Bureau agents were to seek, in the first place, an amicable adjustment of difficulties, but if they failed in that, then resort was to be had to the courts, to which, also, all legal questions must be referred. They were likewise to act on behalf of the freedmen as attorneys, and in case planters refuse or neglect to pay their wages, if the courts fail to award justice, then the agents are to enforce it.