Pardons For Ex-Confederates
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Both during and after 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 ...
,
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...
s for ex- Confederates were given by US Presidents
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
and
Andrew Johnson Andrew Johnson (December 29, 1808July 31, 1875) was the 17th president of the United States, serving from 1865 to 1869. He assumed the presidency as he was vice president at the time of the assassination of Abraham Lincoln. Johnson was a Dem ...
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 The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nation ...
under Article II.


Abraham Lincoln

On December 8, 1863, in his annual message to
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
, President Lincoln outlined his plans for
reconstruction Reconstruction may refer to: Politics, history, and sociology *Reconstruction (law), the transfer of a company's (or several companies') business to a new company *'' Perestroika'' (Russian for "reconstruction"), a late 20th century Soviet Unio ...
of the
South South is one of the cardinal directions or Points of the compass, compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Pro ...
, 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. Congress, however, objected to Lincoln's plans as being too lenient and refused to recognize delegates from the reconstructed governments of
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
and
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...
. Congress instead passed the
Wade–Davis Bill The Wade–Davis Bill of 1864 () was a bill "to guarantee to certain States whose governments have been usurped or overthrown a republican form of government," proposed for the Reconstruction of the South. In opposition to President Abraham Linco ...
, 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 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. Under the terms of surrender for the
Army of Northern Virginia The Army of Northern Virginia was the primary military force of the Confederate States of America in the Eastern Theater of the American Civil War. It was also the primary command structure of the Department of Northern Virginia. It was most oft ...
at Appomattox Court House on April 10, 1865, General
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 ...
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 West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bur ...
, would be allowed to return home on their paroles but that "all who claim homes in the
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
and in States that never passed the Ordinance of Secession (
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
,
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
, and
Missouri Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
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".


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 William Henry Seward (May 16, 1801 – October 10, 1872) was an American politician who served as United States Secretary of State from 1861 to 1869, and earlier served as governor of New York and as a United States Senator. A determined oppon ...
's similar leniency towards the former rebels. 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 Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
, 2,070;
Alabama (We dare defend our rights) , anthem = "Alabama (state song), Alabama" , image_map = Alabama in United States.svg , seat = Montgomery, Alabama, Montgomery , LargestCity = Huntsville, Alabama, Huntsville , LargestCounty = Baldwin County, Al ...
, 1,361;
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
1,228;
Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
, 765;
South Carolina )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
, 638;
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
, 482;
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
, 269;
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
, 142;
Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...
, 93;
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...
, 41;
West Virginia West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bur ...
, 39;
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
, 22;
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
, 11;
Missouri Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
, 10. 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 Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
*Frederick Chatard, rebel navy * Bradley T. Johnson, rebel brigadier general * George H. Steward , rebel major general *Colonel Andrew Cross Trippe, Army General.
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
*Twenty-five citizens, recommended by the mayors of Washington & Georgetown
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
*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 James Wallace Cooke (August 23, 1812 – June 21, 1869) was an American naval officer, serving in the United States Navy and during the American Civil War serving in the Confederate States Navy, Confederate Navy. Pre-war life James Wallace Cooke w ...
, 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 James Lawson Kemper (June 11, 1823 – April 7, 1895) was a lawyer, a Confederate general in the American Civil War, and the 37th Governor of Virginia. He was the youngest brigade commander and only non-professional military officer in the div ...
, 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 LaFayette "Fayette" McMullen (May 18, 1805 – November 8, 1880) was a 19th-century politician, driver, teamster and banker from the U.S. state of Virginia and the second appointed Governor of Washington Territory. Early life and family Born ...
, 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 West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bur ...
* A.T. Caperton, rebel senator *
John Echols John Echols (March 20, 1823 – May 24, 1896) was a general in the Confederate States Army during the American Civil War. Early and family life John Echols was born in Lynchburg, Virginia. He joined the Virginia Military Institute in 1840 ...
, rebel brigadier general * Charles J. Faulkner, rebel minister to France * Alexander C. Jones, rebel brigadier general *
Robert Johnson Robert Leroy Johnson (May 8, 1911August 16, 1938) was an American blues musician and songwriter. His landmark recordings in 1936 and 1937 display a combination of singing, guitar skills, and songwriting talent that has influenced later generati ...
, 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 North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
* 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 Bryan Grimes (November 2, 1828 – August 14, 1880) was a North Carolina planter and a general officer in the Confederate Army during the American Civil War. He fought in nearly all of the major battles of the Eastern Theater of that war. G ...
, 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 )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
* 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 John Bratton (March 7, 1831 – January 12, 1898) was a U.S. Representative from South Carolina, as well as a general in the Confederate States Army during the American Civil War. He rose from private to brigadier general and led a regimen ...
, rebel brigadier general * George Davis, rebel attorney general * Jesse J.D. DeBow, editor
DeBow's Review ''DeBow's Review'' was a widely-circulated magazine "DEBOW'S REVIEW" (publication titles/dates/locations/notes), APS II, Reels 382 & 383, webpage of "agricultural, commercial, and industrial progress and resource" in the American South during ...
*
Stephen Elliott, Jr. Stephen Elliott, Jr. (October 26, 1830 – February 21, 1866) was a Confederate States Army brigadier general during the American Civil War. He was a planter, state legislator in South Carolina and militia officer before the Civil War ...
, rebel brigadier general *
Walter Gwynn Walter Gwynn (February 22, 1802 – February 6, 1882 ) was an American civil engineer and soldier who became a Virginia Provisional Army general and North Carolina militia brigadier general in the early days of the American Civil War in 186 ...
, 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 Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
*
Clifford Anderson Clifford Anderson (March 23, 1833 – December 19, 1899) was a prominent Georgia politician, active in the politics of the state of Georgia and the Confederate States of America during its existence. Biography Anderson was born in Nottoway ...
, rebel congressman *
Joseph E. Brown Joseph Emerson Brown (April 15, 1821 – November 30, 1894), often referred to as Joe Brown, was an American attorney and politician, serving as the 42nd Governor of Georgia from 1857 to 1865, the only governor to serve four terms. He also se ...
, 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 Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
* 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 (We dare defend our rights) , anthem = "Alabama (state song), Alabama" , image_map = Alabama in United States.svg , seat = Montgomery, Alabama, Montgomery , LargestCity = Huntsville, Alabama, Huntsville , LargestCounty = Baldwin County, Al ...
* 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 Wade Keyes (1821 – 1879) was a lawyer, scholar, judge and professor from Alabama who served as the first and only Assistant Attorney General of the Confederacy, 1861–1865. After the Civil War he practiced law in Florence, Alabama. Early ...
, rebel attorney general *
David P. Lewis David P. Lewis (born David Peter Lewis; May 18, 1820 – July 3, 1884) was a lawyer and politician who served as the List of governors of Alabama, 23rd governor of Alabama from 1872 to 1874 during the Reconstruction era. He was also a Deput ...
, rebel M.C. * 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 James Lawrence Pugh (December 12, 1820March 9, 1907) was a U.S. senator from Alabama, as well as a member of the Confederate Congress during the American Civil War. Biography Pugh was born in Burke County, Georgia, and moved to Alabama in 18 ...
, 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 Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...
* 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. 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 #REDIRECT List of people pardoned or granted clemency by the president of the United States #REDIRECT List of people pardoned or granted clemency by the president of the United States {{R from move ...
{{R from move ...


References


Further reading

* *


External links


Zebley, Kathleen Rosa, ''Rebel Salvation: The Story of Confederate Pardons'', Doctoral Dissertation, Univ. of Tennessee Knoxville, 1998
{{DEFAULTSORT:Pardons for ex-Confederates 1865 in American law 1866 in American law 1867 in American law 1868 in American law Aftermath of the American Civil War December 1868 events History of the Confederate States of America Presidency of Andrew Johnson Ex-Confederates