The War of the Rebellion: A Compilation of the Official Records of the Union And Confederate Armies. Series 3, Volume 5. Page: 10
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CORRESPONDENCE, ETC.
If I am right in this construction of the proclamation-and I am
satisfied in my own mind that I am-another proclamation should be
issued. Persons should not be invited to take an oath and to comply
with terms under which they cannot obtain firm legal rights. It is
especially due to those who have heretofore and would now avail
themselves, in good faith, of the benefits of pardon and amnesty, that
another proclamation should be substituted covering the now past.
Persons who have been constantly engaged in rebellion should know
distinctly what they are to do, when and how they are to do it, to free
themselves from punishment, in whole or in part, or to reinstate
themselves as before the rebellion. Such as have been affected merely
by their treasonable associations should be absolutely forgiven.
Appropriate conditions should be appended to the pardons of many.
The grace and favor of the Government should now be large and gen-
erous, and the operation and effect of its proper mercy should not be
left uncertain.
The second question you ask is as to the rights of the citizens and
residents of the rebel States who have not taken, nor offered to take,
the oath and comply with the terms of the proclamation.
Here, again, we meet trouble and uncertainty.
The expressed objects of the proclamation are to suppress the
insurrection and restore the authority of the United States. Can any
one be permitted to take the oath and comply with the terms prescribed
in the proclamation in a State or a community where the civil and
military power of the insurrection has been destroyed and the rebellion
suppressed, and the authority of the United States is re-established
without let or hindrance ? Or does the insurrection continue, in legal
contemplation, though not in fact, until the Executive Department
of the Government shall, by proclamation, declare that it has been
suppressed? And would this proclamation of pardon and amnesty
continue and be open after proclamation that the rebellion had been
suppressed?
It would seem from the proclamation that the amnesty was extended
to those who were willing to aid in suppressing, as well as restoring;
and yet it may and doubtless will be contended, and with much force
and show of reason, that all who have stood by and clung to the
insurrection till its organization and power, both civil and military,
were gone, have, nevertheless, a right to take all the benefits of the
amnesty, because they will lend a reluctant aid in restoring an authority
which they hate. Amnesty is proffered for aid in suppressing and
restoring; amnesty is demanded for the work of restoration; full
reward is required for less than half of the service that is needed.
As a measure to aid in the suppression of the rebellion, the late
proclamation has done its full and complete office. Now, one is desired
to aid in restoring order and reorganizing society in the rebellious
States. Reconstruction is not needed ; that word conveys an erroneous
idea. The construction of this Government is as perfect as human
wisdom can make it. The trial to which its powers and capacities
have been subjected in this effort at revolution and dismemberment
proves with what wisdom its foundations have been laid. Ours is a
task to preserve principles and powers clearly and well defined, and
that have carried us safely through our past troubles. Ours is not a
duty to reconstruct or change. Society in the rebel States has not
been and is not now in a normal condition, nor in harmony with the
principles of our Government. That society has rebelled against
them, and made war upon the principles and powers of our Govern-10
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The War of the Rebellion: A Compilation of the Official Records of the Union And Confederate Armies. Additions and Corrections to Series 3, Volume 5. (Pamphlet)
Errata sheets for the Records of the War of the Rebellion include additions and corrections to the text and the index for Series 3, Volume 5.
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United States. War Department. The War of the Rebellion: A Compilation of the Official Records of the Union And Confederate Armies. Series 3, Volume 5., book, 1900; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth139267/m1/19/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.