No. 75.

Proclamation granting Full Amnesty

December 25, 1868

THE act of January 21, 1867, repealing the amnesty provisions of the act of July 17, 1862, was regarded by President Johnson as an infringement upon the constitutional powers of the executive, and as such was ignored. A proclamation of September 7, 1867, granted full pardon and amnesty to all persons who had participated in the late rebellion, with the restoration of property and privileges, except as to property in slaves and in cases of legal proceedings under the laws of the United States, on condition of taking an oath to support the Constitution and the Union, and to “abide by and faithfully support all laws and proclamations which have been made during the late rebellion with reference to the emancipation of slaves." The following were excluded from the benefits of the proclamation :

“First. The chief or pretended chief executive officers, including the President, the 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, aiding, abetting, or submitting to and 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."

A proclamation of July 4, 1868, granted amnesty to all save "such person or persons as may be under presentment or indictment, in any court of the United States having competent jurisdiction, upon a charge of treason or other felony," together with “restoration of all rights of property, except as to slaves, and except also as to any property of which any person may have been legally divested under the laws of the United States." The proclamation of December 25 declared amnesty without conditions. A Senate resolution of January 5, 1869, requested the President "to transmit to the Senate a copy of any proclamation of amnesty made by him since the last adjournment of Congress, and also to communicate to the Senate by what authority of law the same was made." In a message of January 18 Johnson transmitted a copy of the proc

lamation of December 25, and justified his course in issuing it as warranted by the Constitution and in harmony with the action of certain of his predeThe proclamation did not affect the suffrage qualifications in the reconstructed States.

cessors.

REFERENCES.

Text in U.S. Statutes at Large, XV, 711, 712. See Senate Report 239, 40th Cong., 3d Sess.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

WHEREAS the President of the United States has heretofore set forth several proclamations, offering amnesty and pardon to persons who had been or were concerned in the late rebellion against the lawful authority of the government of the United States

.;

And whereas, the authority of the Federal Government having been reëstablished in all the States and Territories within the jurisdiction of the United States, it is believed that such prudential reservations and exceptions as at the dates of said several proclamations were deemed necessary and proper may now be wisely and justly relinquished, and that a universal amnesty and pardon for participation in said rebellion extended to all who have borne any part therein will tend to secure permanent peace, order, and prosperity throughout the land, and to renew and fully restore confidence and fraternal feeling among the whole people, and their respect for and attachment to the National Government, designed by its patriotic founders for the general good:

Now, therefore, be it known that I, ANDREW JOHNSON, President of the United States, by virtue of the power and authority in me vested by the Constitution, and in the name of the sovereign people of the United States, do hereby proclaim and declare unconditionally, and without reservation, to all and to every person who directly or indirectly participated in the late insurrection or rebellion, a full pardon and amnesty for the offence of treason against the United States, or of adhering to their enemies during the late civil war, with restoration of all

rights, privileges, and immunities under the Constitution and the laws which have been made in pursuance thereof.

No. 76. Provisional Governments of Virginia, Texas, and Mississippi

February 18, 1869

A JOINT resolution for the removal of certain civil officers in Virginia and Texas was introduced in the Senate July 24, 1868, and passed the same day. The bill was not taken up in the House until December 10; it was then referred to the Committee on Reconstruction, which reported it, January 18, 1869, with an amendment, the amendment being the first two provisos of the act. The same day the bill passed the House. The Senate added the proviso including Mississippi, in which the House concurred. The resolution became law under the ten days rule.

REFERENCES.

Text in U.S. Statutes at Large, XV, 344. For the proceedings see the House and Senate Journals, 40th Cong., 2d and 3d Sess., and the Cong. Globe. The debate was unimportant.

A Resolution respecting the provisional Governments of Virginia and Texas.

Resolved. That the persons now holding civil offices in the provisional governments of Virginia and Texas, who cannot take and subscribe the oath prescribed by the act . . . [of July 2, 1862]. . ., shall, on the passage of this resolution, be removed therefrom; and it shall be the duty of the district commanders to fill the vacancies so created by the appointment of persons who can take said oath: Provided, That the provisions of this resolution shall not apply to persons who by reason of the removal of their disabilities as provided in the fourteenth amendment to the Constitution shall have qualified for any office in pursuance of the act . . . [of July 11, 1868]. . .: And provided further, That this resolution shall not take effect until thirty days from and after its passage: And it is further provided, That this resolution shall be, and is hereby extended to, and made applicable to the State of Mississippi.

A BILL "to provide for giving effect to treaty stipulations between this and foreign governments for the extradition of criminals was introduced in the Senate, December 17, 1868, by Trumbull of Illinois. The bill was called up January 11, 1869, but went over until February 5, when it was read and passed. The bill passed the House March 2. There was no debate in either house. REFERENCES. Text in U.S. Statutes at Large, XV, 337, 338. The proceedings are unimportant. On the general subject see Wharton, International Law Digest, II, chap. 7.

An Act further to provide for giving Effect to Treaty Stipulations between this and foreign Governments for the Extradition of Criminals.

Be it enacted That whenever any person shall have been delivered by any foreign government to an agent or agents of the United States for the purpose of being brought within the United States and tried for any crime of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crime[s] or offences specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offences, and for a reasonable time thereafter. And it shall be lawful for the President, or such person as he may empower for that purpose, to employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused as aforesaid.

SEC. 2. And be it further enacted, That any person duly appointed as agent to receive in behalf of the United States the delivery by a foreign government of any person accused of crime committed within the jurisdiction of the United States and to convey him to the place of his trial, shall be, and hereby is, vested with all the powers of a marshal of the United

States in the several districts through which it may be necessary for him to pass with such prisoner, so far as such power is requisite for his safe-keeping.

SEC. 3. And be it further enacted, That if any person or persons shall knowingly and wilfully obstruct, resist, or oppose such agent in the execution of his duties, or shall rescue, or attempt to rescue, such prisoner, whether in the custody of the agent aforesaid, or of any marshal, sheriff, jailer, or other officer or person to whom his custody may have lawfully been committed, every person so knowingly and wilfully offending in the premises shall, on conviction thereof before the district or circuit court of the United States for the district in which the offence was committed, be fined not exceeding one thousand dollars, and imprisoned not exceeding one year. APPROVED, March 3, 1869.

No. 78. Act to strengthen the Public Credit

March 18, 1869

A BILL "to strengthen the public credit, and relating to contracts for the payment of coin," was introduced in the House, January 20, 1869, by Schenck of Ohio, and referred to the Committee of Ways and Means. The bill was taken up February 24, and passed the same day by a vote of 121 to 60, 41 not voting. On the 27th the bill passed the Senate, but was disposed of by a "pocket" veto. The second section of the bill legalized contracts for payments in coin. The same bill was again introduced by Schenck March 12, and passed the House the same day by a vote of 93 to 48, 52 not voting. A bill of somewhat different character had been introduced in the Senate March 9. On the 15th the Senate bill was laid aside, and the House bill, without the second section, passed, the final vote being 42 to 13.

REFERENCES. Text in U.S. Statutes at Large, XVI, 1. For the proceedings see the House and Senate Journals, 40th Cong., 3d Sess., and 41st Cong., Ist Sess., and the Cong. Globe.

An Act to strengthen the public Credit.

Be it enacted That in order to remove any doubt as to the purpose of the government to discharge all just obligations