whole States. It is hoped that the already deeply afflicted people in those States may be somewhat more ready to give up the cause of their affliction, if, to this extent, this vital matter be left to themselves, while no power of the National Executive to prevent an abuse is abridged by the proposition

The suggestion in the proclamation as to maintaining the political frame work of the States on what is called reconstruction, is made in the hope that it may do good, without danger of harm. It will save labor, and avoid great confusion. But why any proclamation now upon this subject? This question is beset with the conflicting views that the step might be delayed too long, or be taken too soon. In some States the elements for resumption seem ready for action but remain inactive, apparently for want of a rallying point—a plan of action. Why shall A adopt the plan of B, rather than B that of A? And if A and B should agree, how can they know but that the General Government here will reject their plan? By the proclamation a plan is presented which may be accepted by them as a rallying point-and which they are assured in advance will not be rejected here. This may bring them to act sooner than they otherwise would.

The objection to a premature presentation of a plan by the National Executive consists in the danger of committals on points which could be more safely left to further developments. Care has been taken to so shape the document as to avoid embarrassments from this source. Saying that on certain terms certain classes will be pardoned with rights restored, it is not said that other classes or other terms will never be included. Saying that reconstruction will be accepted if presented in a specified way, it is not said it will never be accepted in any other way. The movements by State action for emancipation in several of the States not included in the Emancipation Proclamation are matters of profound gratulation. And while I do not repeat in detail what I have heretofore so earnestly urged upon this subject, my general views and feelings remain unchanged; and I trust that Congress will omit no fair opportunity of aiding these important steps to the great consummation.

In the midst of other cares, however important, we must not lose sight of the fact that the war power is still our main reliance. To that power alone can we look for a time, to give confidence to the people in the contested regions, that the insurgent power will not again overrun them. Until that confidence shall be established, little can be done anywhere for what is called reconstruction. Hence our chiefest care must still be directed to the army and navy, who have thus far borne their harder

part so nobly and well. And it may be esteemed fortunate that in giving the greatest efficiency to these indispensable arms, we do also honorably recognize the gallant men, from commander to sentinel, who compose them, and to whom, more than to others, the world must stand indebted for the home of freedom, disenthralled, regenerated, enlarged and perpetuated.

Whereas, In and by the Constitution of the United States, it is provided that the President shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment-and, whereas, a rebellion now exists, whereby the loyal State Governments of several States have for a long time been subverted, and many persons have committed and are now guilty of treason against the United States; and

Whereas, With reference to said rebellion and treason, laws have been enacted by Congress, declaring forfeitures and confiscation of property and liberation of slaves, all upon terms and conditions therein stated, and also declaring that the President was thereby authorized at any time thereafter, by proclamation, to extend to persons who may have participated in the existing rebellion in any State or part thereof, pardon and amnesty, with such exceptions and at such times and on such conditions as he may deem expedient for the public welfare; and

Whereas, The Congressional declaration for limited and conditional pardon accords with the well-established judicial exposition of the pardoning power; and

Whereas, With reference to the said rebellion, the President of the United States has issued several proclamations with provisions in regard to the liberation of slaves; and

Whereas, It is now desired by some persons heretofore engaged in said rebellion to resume their allegiance to the United States, and to reinaugurate loyal State Governments within and for their respective States; therefore

I, ABRAHAM LINCOLN, President of the United States, do proclaim, declare and make known to all persons who have directly or by implication participated in the existing rebellion, except as hereinafter excepted, that a full pardon is hereby granted to them and each of them, with restoration of all rights of property, except as to slaves, and in property cases where rights of third parties shall have intervened, and upon the condition that every such person shall take and subscribe an oath and thenceforward keep and maintain said oath inviolate, an oath which shall be registered for permanent preservation, and shall be of the tenor and effect following, to wit:

"I, do solemnly swear, in presence of Almighty God, that I will henceforth faithfully support, protect and defend the Constitution of the United States and the Union of the States thereunder; and that I will in like manner abide by and faithfully support all acts of Congress passed during the existing rebellion with reference to slaves, so long and so far as not repealed, modified, or held void by Congress or by decision of the Supreme Court; and that I will in like manner abide by and faithfully support all proclamations of the President made during the existing rebellion having reference to slaves, so long and so far as not modified or declared void by decision of the Supreme Court. So help me God."

The persons excepted from the benefits of the foregoing provisions are: All who are, or shall have been civil or diplomatic officers or agents of the so-called Confederate Government; all who have left judicial stations under the United States to aid the rebellion; all who are, or shall have been military or naval officers of said so-called Confederate Government, above the rank of Colonel in the army, or of Lieutenant in the navy; all who left seats in the United States Congress to aid the rebellion; all who resigned commissions in the army or navy of the United States, and afterward aided the rebellion; and all who have engaged in any way in treating colored persons, or white persons in charge of such, otherwise than lawfully as prisoners of war, and which persons may have been found in the United States service as soldiers, seamen, or any other capacity; and I do further proclaim, declare and make known that, whenever, in any of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee, Alabama, Georgia, Florida, South Carolina, and North Carolina, a number of persons not less than onetenth in number of the votes cast in such States at the Presidential elec tion of the year of our Lord one thousand eight hundred and sixty, each having taken the oath aforesaid, and not having since violated it,

and being a qualified voter by the election law of the State existing immediately before the so-called act of Secession, and excluding all others, shall re-establish a State Government which shall be Republican, and in no wise contravening said oath, such shall be recognized as the true government of the State, and the State shall receive thereunder the benefits of the constitutional provision, which declares that

"The United States shall guarantee to every State in this Union a Republican form of government, and shall protect each of them against invasion, and on application of the Legislature, or the Executive, when the Legislature cannot be convened, against domestic violence."

And I do further proclaim, declare, and make known, that any provision which may be adopted by such State Government in relation to the freed people of such State, which shall recognize and declare their permanent freedom, provide for their education, and which may yet be consistent, as a temporary arrangement, with their present condition as a laboring, landless, and homeless class, will not be objected to by the National Executive.

And it is suggested as not improper that, in constructing a loyal State Government in any State, the name of the State, the boundary, the subdivisions, the Constitution, and the general code of laws, as before the rebellion, be maintained, subject only to the modifications made necessary by the conditions herein before stated, and such others, if any, not contravening said conditions, and which may be deemed expedient by those framing the new State Government. To avoid misunderstanding, it may be proper to say that this proclamation, so far as it relates to State Governments, has no reference to States wherein loyal State Governments have all the while been maintained; and for the same reason it may be proper to further say, that whether members sent to Congress from any State shall be admitted to seats, constitutionally rests exclusively with the respective Houses, and not to any extent with the Executive. And still further, that this proclamation is intended to present the people of the States wherein the national authority has been suspended, and loyal State Governments have been subverted, a mode in and by which the national authority and loyal State Governments may be re-established within said States, or in any of them. And, while the mode presented is the best the Executive can suggest with his present impressions, it must not be understood that no other possible mode would be acceptable.

Given under my hand at the city of Washington, the eighth day of December, A. D. one thousand eight hundred and sixty-three, and of the independence of the United States of America the Eighty-eighth. By the President:

WM. H. SEWARD, Secretary of State.

ABRAHAM LINCOLN.

In further prosecution of the object sought by this measure of amnesty, the President subsequently issued the following additional explanatory PROCLAMATION:

By the President of the United States of America:

Whereas, it has become necessary to define the cases in which insurgent enemies are entitled to the benefits of the Proclamation of the President of the United States, which was made on the 8th day of December, 1863, and the manner in which they shall proceed to avail themselves of these benefits; and whereas the objects of that proclamation were to suppress the insurrection and to restore the authority of the United States; and whereas the amnesty therein proposed by the President was offered with reference to these objects alone;

Now, therefore, I, ABRAHAM LINCOLN, President of the United States, do hereby proclaim and declare that the said proclamation does not apply to the cases of persons who, at the time when they seek to obtain the benefits thereof by taking the oath thereby prescribed, are in military, naval or civil confinement or custody, or under bonds, or on parole of the civil, military or naval authorities, or agents of the United States, as prisoners of war, or persons detained for offences of any kind, either before or after conviction; and that on the contrary it does apply only to those persons who, being yet at large, and free from any arrest, confinement, or duress, shall voluntarily come forward and take the said oath, with the purpose of restoring peace and establishing the national authority.

Persons excluded from the amnesty offered in the said proclamation may apply to the President for clemency, like all other offenders, and their application will receive due consideration.

I do further declare and proclaim that the oath presented in the aforesaid proclamation of the 8th of December, 1863, may be taken and subscribed before any commissioned officer, civil, military, or naval, in the service of the United States, or any civil or military officer of a State or Territory not in insurrection, who, by the laws, thereof, may be qualified for administering oaths.