Pardons for ex-Confederates
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.
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.
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.
[2] 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".
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.
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.
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.
[8] 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 ..."[9]
