Confederate Amnesty and Pardons

 Confederate Amnesty and Pardons

As Andrew Johnson assumed the presidency, his attitude toward Confederate leaders seemed to signify punishment and prosecution for the rebellion. Many southern leaders fled the United States, going to Mexico, Canada, Europe and other countries. He doubled the number of classes not pardoned under the Lincoln's general amnesty. Johnson's proclamation of May 29, 1865, for example, did not include anyone whose personal property exceeded $20,000. Several mitigating factors however led Johnson to greater clemency, such as the attitude of Lincoln for reconciliation and Secretary of State William H. Seward's similar leniency towards the former rebels.

"President Andrew Johnson Pardoning Rebels at the White House", Harper's Weekly, October 14, 1865.

Those excluded from general amnesty had the option of applying to the president for a special pardon, and much of Johnson's time was spent in granting those pardons.

The following oath was required under Johnson's 1865 proclamation:

I, _____, do solemnly swear or affirm, in presence of Almighty God, that I will henceforth faithfully support 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 laws and proclamations which have been made during the existing rebellion with reference to the emancipation of slaves, so help me God.

There were exceptions to the granting of general amnesty:

The following classes of persons are excepted from the benefits of this proclamation:

First – All who are or shall have been pretended civil or diplomatic officers, or otherwise domestic or foreign agents of the pretended Confederate Government.

Second – All who left judicial stations under the United States to aid the rebellion.

Third – All who shall have been military or naval officers of said pretended Confederate Government above the rank of Colonel in the army or Lieutenant in the navy.

Fourth – All who left seats in the Congress of the United States to aid the rebellion.

Fifth – All who resigned or tendered resignations of their commissions in the army or navy of the United States, to evade duty in resisting the rebellion.

Sixth – 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.

Seventh – All persons who have been or are absentees from the United States for the purpose of aiding the rebellion.

Eighth – All military and naval officers in the rebel service who were educated by the government in the Military Academy at West Point, or the United States Naval Academy.

Ninth – All persons who held the pretended offices of Governors of States in insurrection against the United States.

Tenth – 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.

Eleventh – All parties who have been 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 upon the lakes and rivers that separate the British Provinces from the United States.

Twelfth – All persons who at the 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 bonds of the civil, military or naval authorities or agents of the United States, as prisoners of war, or persons detained for offences of any kind either before or after conviction.

Thirteenth – All persons who have voluntarily participated in said rebellion, and the estimated value of whose taxable property is over twenty thousand dollars.

Fourteenth – All persons who have taken the oath of amnesty as prescribed in the President's Proclamation of December 8, A.D., 1863, or an oath of allegiance to the Government of the United States since the dates of said proclamation, and who have not thenceforward kept and maintained 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 liberally extended as may be consistent with the facts of the case and the peace and dignity of the United States.

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The North Carolina Convention of 1865-1866 was convened to determine the minimum requirements for readmission to the Union.

State Convention, Adjourned Session, 14 June 1866:

"Mr. [Bedford] Brown presented a petition from a number of citizens of Caswell County, in favor of amnesty for offenses committed during the later war, which was read and referred to the committee on General Amnesty."