The Amnesty Act of 1872 is a
United States federal law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
passed on May 22, 1872, which removed most of the penalties imposed on former
Confederates by the
Fourteenth Amendment, adopted on July 9, 1868. Section 3 of the Fourteenth Amendment prohibits the election or appointment to any federal or state office of any person who had held any of certain offices and then engaged in insurrection, rebellion, or
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
. However, the section provided that a two-thirds vote by each House of the Congress could override this limitation. The 1872 act was passed by the
42nd United States Congress
The 42nd United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1871, ...
and the original restrictive Act was passed by the United States Congress in May 1866.
Specifically, the 1872 Act removed office-holding disqualifications against most of the
secession
Secession is the withdrawal of a group from a larger entity, especially a political entity, but also from any organization, union or military alliance. Some of the most famous and significant secessions have been: the former Soviet republics le ...
ists who rebelled in the
American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
, except for "Senators and Representatives of the
thirty-sixth and
thirty-seventh Congress
The 37th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1861, ...
es, officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States."
In the spirit of the act, then United States President
Ulysses S. Grant
Ulysses S. Grant (born Hiram Ulysses Grant ; April 27, 1822July 23, 1885) was an American military officer and politician who served as the 18th president of the United States from 1869 to 1877. As Commanding General, he led the Union Ar ...
, by proclamation dated June 1, 1872, directed all district attorneys having charge of proceedings and prosecutions against those who had been disqualified by the Fourteenth Amendment to dismiss and discontinue them, except as to persons who fall within the exceptions named in the act.
[ President Grant also pardoned all but 500 former top Confederate leaders.
The 1872 Act cleared over 150,000 former Confederate troops who had taken part in the ]American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
.
Text
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each house concurring therein), that all political disabilities imposed by the third section of the fourteenth article of amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the thirty-sixth and thirty-seventh Congresses, officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States.
Post-Civil War application
The Amnesty Act states only that all political disabilities imposed by the Fourteenth Amendment "are hereby removed," with no mention as to whether future disabilities under the same are to be considered removed. It is unknown and unclear whether this Act also automatically removes disability for subsequent actions that violate Section 3 of the Fourteenth Amendment. Section 3 has been invoked only twice since the American Civil War: in 1919 and 1920, it blocked Victor L. Berger
Victor Luitpold Berger (February 28, 1860August 7, 1929) was an Austrian–American socialist politician and journalist who was a founding member of the Social Democratic Party of America and its successor, the Socialist Party of America. Born in ...
, a member of the Socialist Party
Socialist Party is the name of many different political parties around the world. All of these parties claim to uphold some form of socialism, though they may have very different interpretations of what "socialism" means. Statistically, most of th ...
who had won both elections, from taking office as the Representative from Wisconsin
Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
because he had been convicted of violating the Espionage Act. Although Section 3 was applicable to Berger, it does not appear that the Amnesty Act was considered.
In 2022, one federal district court ruled that the Act applies to current members of Congress, automatically removing the political consequences of an alleged violation of Section 3, though that district court ruling was later reversed by the federal Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:
* District of Maryland
...
. Another federal district court ruled that the Act does not apply to current members of Congress, and that Section 3 is still applicable.
See also
* Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and ...
* Compromise of 1877
The Compromise of 1877, also known as the Wormley Agreement or the Bargain of 1877, was an unwritten deal, informally arranged among members of the United States Congress, to settle the intensely disputed 1876 presidential election between Ruth ...
Notes
1872 in American law
Reconstruction Era
42nd United States Congress
United States federal legislation articles without infoboxes
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