Lincoln sent in, on December 8, 1863, his third
annual message to Congress. To this message was appended something which
no one had anticipated,--a proclamation of amnesty. In this the
President recited his pardoning power and a recent act of Congress
specially confirmatory thereof, stated the wish of certain repentant
rebels to resume allegiance and to restore loyal state governments, and
then offered, to all who would take a prescribed oath, full pardon
together with "restoration of all rights and property, except as to
slaves, and ... where rights of third parties shall have intervened."
The oath was simply to "support, protect, and defend" the Constitution
and the Union, and to abide by and support all legislation and all
proclamations concerning slavery made during the existing rebellion.
There were, of course, sundry exceptions of persons from this amnesty;
but the list of those excepted was a moderate and reasonable one. He
also proclaimed that whenever in any seceded State "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 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 reestablish 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.
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