Primary Source Document
In his third annual message to Congress on December 8, 1863, Lincoln for the first time presented a program for Reconstruction, a plan marked by considerable leniency. The message was preceded on the same day by a presidential proclamation that laid down the conditions for Reconstruction. Lincoln's plan was based on three assumptions: that the Southern states had never legally been out of the Union; that they could be restored as soon as their political institutions were properly reordered; and the Reconstruction was largely an executive function. The plan aroused bitter resentment among the Radical Republicans. Lincoln's plan was carried out during his lifetime in the restored states, but Congress never recognized "Lincoln governments" in the South. The Proclamation and portions of Lincoln's message are reprinted below.
Proclamation of Amnesty
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 offenses 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 well-established judicial exposition of the pardoning power; and
Whereas, with reference to 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, and which oath 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 in 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 one-tenth in number of the votes cast in such state at the presidential election of the year A.D. 1860, each having taken 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 reestablish a state government which shall be republican and in nowise 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 hereinbefore 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 related 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 reestablished 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.
Annual Message to Congress
When Congress assembled a year ago, the war had already lasted nearly twenty months, and there had been many conflicts on both land and sea, with varying results. The rebellion had been pressed back into reduced limits; yet the tone of public feeling and opinion, at home and abroad, was not satisfactory.
With other signs, the popular elections, then just past, indicated uneasiness among ourselves, while, amid much that was cold and menacing, the kindest words coming from Europe were uttered in accents of pity, that we were too blind to surrender a hopeless cause. Our commerce was suffering greatly by a few armed vessels built upon and furnished from foreign shores, and we were threatened with such additions from the same quarter as would sweep our trade from the sea and raise our blockade. We had failed to elicit from European governments anything hopeful upon this subject.
The preliminary Emancipation Proclamation, issued in September, was running its assigned period to the beginning of the new year. A month later the final proclamation came, including the announcement that colored men of suitable condition would be received into the war service. The policy of emancipation and of employing black soldiers gave to the future a new aspect, about which hope, and fear, and doubt contended in uncertain conflict. According to our political system, as a matter of civil administration, the general government had no lawful power to effect emancipation in any state, and for a long time it had been hoped that the rebellion could be suppressed without resorting to it as a military measure. It was all the while deemed possible that the necessity for it might come, and that if it should, the crisis of the contest would then be presented. It came, and, as was anticipated, it was followed by dark and doubtful days.
Eleven months having now passed, we are permitted to take another review. The Rebel borders are pressed still
farther back, and by the complete opening of the Mississippi the country dominated by the rebellion is divided into distinct parts, with no practical communication between them. Tennessee and Arkansas have been substantially cleared of insurgent control, and influential citizens in each, owners of slaves and advocates of slavery at the beginning of the rebellion, now declare openly for emancipation in their respective states. Of those states not included in the Emancipation Proclamation, Maryland and Missouri, neither of which three years ago would tolerate any restraint upon the extension of slavery into new territories, only dispute now as to the best mode of removing it within their own limits.
Of those who were slaves at the beginning of the rebellion, full 100,000 are now in the United States military service, about one-half of which number actually bear arms in the ranks; thus giving the double advantage of taking so much labor from the insurgent cause and supplying the places which otherwise must be filled with so many white men. So far as tested, it is difficult to say they are not as good soldiers as any. No servile insurrection or tendency to violence or cruelty has marked the measures of emancipation and arming the blacks. These measures have been much discussed in foreign countries, and, contemporary with such discussion, the tone of public sentiment there is much improved. At home the same measures have been fully discussed, supported, criticized, and denounced, and the annual elections following are highly encouraging to those whose official duty it is to bear the country through this great trial. Thus we have the new reckoning. The crisis which threatened to divide the friends of the Union is past.
Looking now to the present and future, and with reference to a resumption of the national authority within the states wherein that authority has been suspended, I have thought fit to issue a proclamation, a copy of which is herewith transmitted. On examination of this proclamation it will appear, as is believed, that nothing will be attempted beyond what is amply justified by the Constitution. True, the form of an oath is given, but no man is coerced to take it. The man is only promised a pardon in case he voluntarily takes the oath. The Constitution authorizes the executive to grant or withhold the pardon at his own absolute discretion; and this includes the power to grant on terms, as is fully established by judicial and other authorities.
It is also profferred that if, in any of the states named, a state government shall be, in the mode prescribed, set up, such government shall be recognized and guaranteed by the United States, and that under it the state shall, on the constitutional conditions, be protected against invasion and domestic violence. The constitutional obligation of the United States to guarantee to every state in the Union a republican form of government and to protect the state in the cases stated is explicit and full. But why tender the benefits of this provision only to a state government set up in this particular way? This section of the Constitution contemplates a case wherein the element within a state favorable to republican government in the Union may be too feeble for an opposite and hostile element external to, or even within, the state; and such are precisely the cases with which we are now dealing.
An attempt to guarantee and protect a revived state government constructed in whole or in preponderating part from the very element against whose hostility and violence it is to be protected is simply absurd. There must be a test by which to separate the opposing elements, so as to build only from the sound; and that test is a sufficiently liberal one which accepts as sound whoever will make a sworn recantation of his former unsoundness.
But if it be proper to require as a test of admission to the political body an oath of allegiance to the Constitution of the United States and to the Union under it, why also to the laws and proclamations in regard to slavery? Those laws and proclamations were enacted and put forth for the purpose of aiding in the suppression of the rebellion. To give them their fullest effect, there had to be a pledge for their maintenance. In my judgment they have aided and will further aid the cause for which they were intended. To now abandon them would be not only to relinquish a lever of power but would also be a cruel and an astounding breach of faith.
I may add at this point, that while I remain in my present position I shall not attempt to retract or modify the Emancipation Proclamation; nor shall I return to slavery any person who is free by the terms of that proclamation or by any of the acts of Congress. For these and other reasons it is thought best that support of these measures shall be included in the oath; and it is believed the executive may lawfully claim it in return for pardon and restoration of forfeited rights, which he has clear constitutional power to withhold altogether, or grant upon the terms which he shall deem wisest for the public interest. It should be observed, also, that this part of the oath is subject to the modifying and abrogating power of legislation and supreme judicial decision.
The proposed acquiescence of the national executive in any reasonable temporary state arrangement for the freed people is made with the view of possibly modifying the confusion and destitution which must, at best, attend all classes by a total revolution of labor throughout 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 framework 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 objections to a premature presentation of a plan by the national executive consist 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 a 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 yet 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.
Source: A Compilation of the Messages and Papers of the Presidents 1789-1897, vol. 6, James D. Richardson, ed., 1920, pp. 179-191, 213-215.