The Placer herald., 1863-12-19
LlNcoLN,s LAST pgoC.,uAr,oy.

TO all rebels who will take. a certain oath which
he prcscrlbcs. Readers MY he curious TO know
from whence Mr. Lincoln derives the authority to
designate the mode in which State Gnvcrnm cnts
may he re- organized at the South. and the grant
ing of pardons to rebels il they will support his
emancipation proclamation. The President does
not pretend that he finds his authority in the
Constitution, bat under the war power vague
and indefinite authority. which permits Of his
doing as he deems fit According to this there is
limit upon the discretion OF the Pre- sidcnt and
his power is absolute over the lie and property
of the nation:
WASHINGTON Dec S, 1868
whereas. in and ty the Constitution OF thr
Uniicl States II is provided that the President
shall have power to grant rrpricvcs and pardons
for al oiicnses against the Unii"d States, except
III cases oil impeachment; and whereas. IL rcrrl-
lion exists whereby The loyal States ANA the Gov
ernmtnts of the several States have. for orr
time cen suhveried, and miny persons have been
committing and are now guilty of treason against
the u ultcd States; and VI crcas, with reference
to said rebellion and treason laws have been
enacted by Congress calling for the forfciu. and
confsc tion o! property and the liberation OF
slaves, all upon terms and conditions therein
stated. anl also declaring that the President ,s
thereby authorized at any time ther after ly
procainItion, TO extend 10 persons who may We
participated in the existing rebellion in any STATE.
or part thereof. pardon. or amnesty with such
exceptions aud Oh such terms and on such condi-
lions as be may deem expcdient for The public
welfare; and whereas. the Congressional dcclara-
ton for limited and conditional pardon accorls
with well established judicial cxpositions Of the
pArdoning power; and whereas. with reference TO
said rebellion the President OF the United States
has issued several proclanations with provisions
IN regard to the Liberation Of slavt 5; and whereas
il is now desired by some persons heretofore en-
gagged in said rebellonto resume their lllcran,e
TO the United States nud rc.iBaunurnle loyal
State GovernDr Dts within and for their rcspcct
i've States
Therefore, |, br.ham Lincoln. Presidcn. of
the u nited States. do proclaim declare and make
known to all persons who have directly or I,y
implication parlic ated in the existing rcbellion
except as hereinafter excepted. that full pardon
is granted to them aud each of them with resto.
ration OF all rights, il third rites shall boy,
intelvened ard upon the condition that they
such persons shall take and subscribe an oath
and thencelorward keep and maintain said oath
inviolatc, and which onth shall be registered for
permanent preservation and shall be of the tenor
and effect following. to-wt:
IL do soemnly swear in presence Of Alnirhty
God, that | will hcrcciorh faithfully supnort
protect and defend the Constitution of the United
States and the Union of States Hereunder and
support all Acts oi Congress passed during The
,XisiinS rebellion with reference to slaves 20
long ANA SO lar us BOT modified or rcpe Ned or
held void by C3ngr' IS or by decision of tn
Surrem" Court. and hat will in like manner
abide BY and faithfully support all procamations
OF inc PRESIDENT mad during the existing rebel
lion having reference to slaves, SO long and So
lar as not modified or declared void BY decision
OF the Supreme Court; SO help me Cod"
me persons excepted from the benefits Of the
foregoing provision are all who are. or shall
have been, civil or diplomatic officers or agents
OF The so called Confeder Ite Govern all who
haV" lett judicial stations under the United
states to aid the rebellon all who are, or shall
nave bern' military or naval officers OF or above
The rank oil Colonel in the army or Lieutenant in
the navy; all who left seats in the United States
Congress to aid IN the rebellion; and all who re
ssheu their commission in the army and navy
oil the United states aud afterwards aided in the
rebellion; and all who have enga aged in any wav
in treating colored persons. or white persons in
eharge OF such. otherwise than lawfully as prison
ors OF war. and which persons may be found in
the United States service as soldiers seamen, or
in any other capacity.
And 10 further proclaim dacl,ra and mako
known, that whenever in nny of the States Of
Arkansas, Texas. Louisiana. Mississippi Tennes
see, Alabama. Georgia. Florida South Carolina
anu North Caralina, number of persons. not less
than one-tenth OF the number of the votes cast in
such State at the Presidential election OF the
year OF our Lord l8G0-cach having taken the
oath aforesaid and not having since violated it,
being qualified voter by the election laws of
the STATE existing Immediately before the So
called Act of Secession, and excluding all others
shall be established n State Government, which
shall be republican and in nowise contravcninG 9
said oath, such shall be r rcognzed as the true
Government Of the State. and the State shall
receive Hereunder the benefits OF the constitu
tional provision which declares that the United
States Shall guarantee 10 every State in this
Union republican form OF Government and shall
protect each OF them against invasion on applica-
ton Of the Legislature. or the Executive when
the Legislature cannot BE- convened. against do
mestic violence Second l do further proclaim,
declare and make known that any provision
which may be adopted by such State Government
in relation 10 the freed people of such State
which has or which shall recognize and declare
their permanent freedom and provide Tor their
education, aud which may ye, be consistent y
temporary arrangement with their present con
diton as AbOring, landless and homeless class,
will not be objected to by the National Executive;
and 1t is suggested rs not improper that in con-
Hructing loyal State Government in any State,
the name OF the boundary the subdivision. the
Constitution and the Federal code of laws, as be-
fore the rebellion, be maintained. subject only to
notifications made necessary by the conditions
hereinbcfore stated, and such others, if any, not
contravening such condition. which may be deem
ed expedent by those framing the new State
Government
To avoid misunderstanding it may be proper
TO say that the proclamation, so far rs it relates
to State Governments, has no reference to States
wherein loyal State Governments have all the
while been maintained. For the same reason il
may be proper to further say, that whether mem
bers sent to Congress from any State shall be ad;
mitted to seats convcnionally. rests exclusively
with the respective houses and not to any extent
with the Executive, And still further that this
proclamation is intended to present to the people
OF the States wherein the National authority has
been subverted mode by which the National
authority over every loyal State Government
may be established within said States or any OF
them Ard while the mode presented is the best
the Executive can suggest, with his present i'm
presslons, it must not he understood that another
possible mode would not be accepted.
Given under my hand at the city of Washin e.
ton, the Sth day of December. A. ID 1863 and o