Both during and after the American Civil War, pardons for ex-Confederates were given by US presidents Abraham Lincoln and Andrew Johnson and were usually extended for those who had served in the military above the rank of colonel or civilians who had exercised political power under the Confederate government. The power to pardon offences to the US government was given to the chief executive in the US Constitution under Article II.
Abraham Lincoln On December 8, 1863, in his annual message to Congress, President Lincoln outlined his plans for reconstruction of the South, which included terms for amnesty to former Confederates. A pardon would require an oath of allegiance, but it would not restore ownership to former slaves, or restore confiscated property which involved a third party. The pardon excluded office holders of the Confederate government or persons who had mistreated prisoners.Abraham Lincoln, Tuesday, December 8, 1863 (Proclamation of Amnesty and Reconstruction) Congress, however, objected to Lincoln's plans as being too lenient and refused to recognize delegates from the reconstructed governments of Louisiana and Arkansas. Congress instead passed the Wade–Davis Bill, which required half of any former Confederate state's voters to swear allegiance to the United States and also swear that they had not supported the Confederacy. The bill also ended slavery, but did not allow former slaves to vote. President Lincoln pocket vetoed the bill. During his presidency Lincoln issued 64 pardons for war-related offences; 22 for conspiracy, 17 for treason, 12 for rebellion, 9 for holding an office under the Confederacy, and 4 for serving with the rebels.Ruckman, P.S., Jr., and David Kincaid, Inside Lincoln's Clemency Decision Making, Presidential Studies Quarterly, Vol. 29, No. 1, March, 1999, pg. 92
Under the terms of surrender for the Army of Northern Virginia at Appomattox Court House on April 10, 1865, General Ulysses S. Grant stipulated that "each officer and man will be allowed to return to his home, not to be disturbed by United States authority so long as they observe their paroles and the laws in force where they may reside". On May 5 the parole was extended so that soldiers from the 11 Confederate states, plus West Virginia, would be allowed to return home on their paroles but that "all who claim homes in the District of Columbia and in States that never passed the Ordinance of Secession (Maryland, Kentucky, and Missouri included) have forfeited them and can only return thereto by complying with the Amnesty Proclamation of the president and obtaining special permission from the War Department".Headquarters Dep’tment West Va., Cumberland, Md., May 6th, 1865, General Orders No. 57
Andrew Johnson As 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 exempted classes that had been exempted by Lincoln. 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 William H. Seward's similar leniency towards the former rebels.Dorris, Jonathan Truman, Pardon and Amnesty under Lincoln and Johnson, The Restoration of the Confederates to Their Rights and Privileges, 1861-1898, Univ. of North Carolina Press, Chapel Hill, 1953, pgs. 313-315
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:
There were exceptions to the granting of general amnesty:
There were 12,652 pardons issued by June 5, 1866. Under Johnson's "thirteenth" exemption the number of pardons was issued in this order: Virginia, 2,070; Alabama, 1,361; Georgia 1,228; Mississippi, 765; South Carolina, 638; North Carolina, 482; Texas, 269; Louisiana, 142; Tennessee, 93; Arkansas, 41; West Virginia, 39; Florida, 22; Kentucky, 11; Missouri, 10.Dorris, Jonathan Truman, Pardon and Amnesty under Lincoln and Johnson, The Restoration of the Confederates to Their Rights and Privileges, 1861-1898, Univ. of North Carolina Press, Chapel Hill, 1953, pg. 240
On January 9, 1867, President Johnson sent Congress a list of high level former Confederates for whom he had issued pardons. The Nashville Telegraph and Union published a partial list of names, states, and causes for the pardons on January 13, 1867.
"Executive Clemency, A List of Prominent Confederates Pardoned by the President. The President sent to the House of Representatives on the 9th inst. a partial list of the Confederates who have been pardoned by him, and the parties upon whose recommendation they were pardoned. He states in his communication that there would not be time during the present session of Congress to make the list complete as called for by that body. The list embraces all of the more prominent cases in each of the Southern States, as follows:
Maryland Frederick Chatard, rebel navy Bradley T. Johnson, rebel brigadier general George H. Steward , rebel major general Colonel Andrew Cross Trippe, Army General.“State of Maryland Executive Department,” The Baltimore Sun, 18 August 1866.
District of Columbia Twenty-five citizens, recommended by the mayors of Washington & Georgetown
Virginia P.H. Aylett, attorney for Confederate States Charles Brewer, surgeon, rebel service Alex. R. Boteler, rebel M.C. John M. Brooke, citizen John R. Cambliss , rebel M.C. James W. Cooke, rebel navy R.R. Carter, rebel navy London Campbell, rebel navy John Debree, paymaster, rebel service T.T. Fauntleroy, resigned commission in U.S. service A.S. Garnett, surgeon, rebel service W.D. Harrison, rebel navy J.D. Henderson, ex-commander U.S. Navy J.D. Halyburton, rebel judge Edward Johnson, rebel general R.W. Jeffrey, ex-surgeon U.S.N. D.C. De Jarnette, rebel M.C. James L. Kemper, rebel major general F.W. Lynch, citizen J.R.C. Lewis, rebel colonel E.G. Lee, rebel brigadier general James Lyons, rebel M.C. H.H. Lewis, rebel navy Wm. Leigh, ex-U.S.N. P.T. Moore, rebel brigadier general S.P. Moore, ex-surgeon U.S.N W.H. McFarland, rebel M.C. Fayette McMullen, rebel M.C. Robert Ould, ex-U.S. district attorney Hugh N. Page, rebel navy captain R.L. Page, rebel brigadier general R.B. Pegram, ex-U.S.N. W.R. Staples, rebel M.C. Geo. P. Scarborough, resigned judgeship H.B. Taylor, ex-U.S. army J.M. St. John, rebel brigadier general Thomas S. Gholson, rebel M.C. Charles E. Thorburne, rebel colonel Wm. C. Wickham, rebel M.C. W.C. Whittle, S.S. Lee, A.O. Browne, J.T. Mason, junior officers on the rebel privateer "Shenandoah"
West Virginia A.T. Caperton, rebel senator John Echols, rebel brigadier general Charles J. Faulkner, rebel minister to France Alexander C. Jones, rebel brigadier general Robert Johnson , rebel M.C. James T. Lockbridge, rebel M.C. S.A. Miller, rebel M.C. C.W. Russell, rebel M.C. Joseph B. Washington, resigned from West Point
North Carolina A.H. Arrington, rebel M.C. Thomas S. Ashe, rebel M.C. R. Barrenger , rebel brigadier general William R. Cox, rebel brigadier general William T. Dortch, rebel senator Bryan Grimes, rebel brigadier general Landon C. Haynes, rebel senator Bradley T. Johnson, rebel brigadier general J.M. Leach, rebel M.C. Richard B. Lee, rebel lieutenant colonel James R. McLean, rebel M.C. Thomas D. McDowell, rebel M.C. J.G. Ramsey , rebel M.C. M.W. Ransom, rebel brigadier general A.M. Seales, rebel brigadier general A.W. Venable, rebel M.C.
South Carolina Wm. Aiken, ex-governor John D. Ashmore, resigned seat in the U.S. Congress W.L. Bonham , rebel brigadier general M. Butler, rebel brigadier general John Bratton, rebel brigadier general George Davis, rebel attorney general Jesse J.D. DeBow, editor DeBow's Review Stephen Elliott, Jr., rebel brigadier general Walter Gwynn, rebel brigadier general H.J. Harstene, ex-commander U.S. navy John Hagood, rebel brigadier general Duncan N. Ingraham, ex-captain U.S. navy P.N. Lynch, Catholic bishop J.L. Orr, rebel senator G.S. Preston , rebel brigadier general H.E. Smith, rebel senator George A. Trenholm, secretary of the rebel treasury
Georgia Clifford Anderson, rebel congressman Joseph E. Brown, rebel governor of Georgia Richard M. Cuyler, ex-U.S. naval officer J.H. Echols, rebel congressman Thomas M. Forman, rebel congressman L.G. Gartrell , rebel brigadier general H.W. Hilliard, resigned seat in U.S. Congress H.R. Jackson, rebel brigadier general Jno. J. Jones, resigned seat in U.S. Congress L. McLaws, graduate of West Point, rebel brigadier general E.A. Nisbet, rebel M.C. Wm. E. Smith, rebel M.C. Otho R. Singleton, rebel M.C. J.H.W. Underwood , resigned seat in U.S. Congress
Florida J.P. Anderson, rebel major general A.K. Allison, rebel governor of Florida James M. Baker, rebel M.C. W.G.M. Davis, rebel major general J.S. Finley , rebel brigadier general A.E. Maxwell, rebel senator J.P. Sanderson, rebel M.C.
Alabama C.A. Battle, rebel brigadier general Alpheus Baker, rebel brigadier general David Clopton, resigned seat in U.S. Congress W.P. Chilton, rebel M.C. Thomas B. Cooper, rebel M.C. F.M. Cockerill, rebel brigadier general M.H. Cruikshank, rebel M.C. J.M.L. Curry , rebel M.C. H.D. Clayton, rebel major general E.L. Dargan , rebel M.C. Z.C. Deas, rebel brigadier general E.E. Elmore , rebel assistant treasurer W.H. Echols, graduate of West Point T.G. Foster , rebel M.C. Duff C. Green, rebel brigadier general J.T. Holtzclare , rebel brigadier general R. Jemison, Jr., rebel M.C. Wm. G. Jones, ex-U.S. district judge Wade Keyes, rebel attorney general David P. Lewis, rebel M.C. Thomas McElderry, rebel colonel and former State Representative John T. Morgan, rebel brigadier general Y.M. Moody, rebel brigadier general Thomas B. Mills, resigned his commission in U.S. navy E.W. Pettus, rebel brigadier general James L. Pugh, resigned his seat in the U.S. Congress P.D. Roddy , rebel brigadier general John G. Shorter, ex-governor of Alabama C.L. Sayre, ex-officer United States Marine Corps. W.R. Smith, rebel M.C. P.A. Watts , ex-governor of Alabama S.A.M. Wood, rebel brigadier general
Tennessee S.R. Anderson, rebel major general J.D.C. Atkins, rebel congressman A.S. Colyer , rebel congressman R.L. Caruthers, rebel congressman James W. McCallum, rebel congressman M.A. Haynes, ex-U.S. army G.A. Henry, rebel senator George A. Howard, ex-U.S. Naval Academy John P. Murray, rebel congressman A.E. Jackson, rebel brigadier general Thomas Meeness , rebel congressman Geo. Maney, rebel brigadier general J.B. Palmer, rebel brigadier general Gideon J. Pillow, rebel brigadier general C.W. Bell, rebel congressman John L.T. Sneed, rebel congressman
In the list the designation "M.C." meant "member of Congress", though this sometimes referred to a state legislature rather than the Confederate Congress. A further list of names was sent by the President to the House on December 4, 1867.40th Congress, 2nd Session, Ex. Doc. No. 16, Pardons by the President, December 4, 1867
In a final proclamation on December 25, 1868, Johnson declared "unconditionally, and without reservation, ... 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 ..."Randall, J.G. and David Donald, The Civil War and Reconstruction, Second Edition, D.C. Heath and Company, 1966, pgs. 560-561
See also List of people pardoned or granted clemency by the president of the United States Confederate oath of allegiance Oh we'll hang Jeff Davis from a sour apple tree
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