, 1864-02-25
DFNEE4Ts OFTMEA AMNESTY
Circular Of the Attorney.Genernl.

WASHINGTON Feb. II.
Sic: Many persons, against whom criminal in
under the eont3scation 1aws are pending In the
courts Of the United States, growing out Of the
participation Of such persons IN the existing re-
scribed BY the proclamation Of the President, Of
the Sth OF December, 1856, and lave therefore en-
titled themselves to tho full pardon and 1estosa-
an belc Gs s1 sfS esses aT ntss
yeIed. which that proclamation offers and secures.
The Preetdent's pardon Of person guilty OF acts
o. @ Of tnat Pes0a sOa
where m indictment is pending against him there
for, the production Of the pardon, signed by tie
81 ts Gds9Sc aft be h,s
is offered, II he he not Of the class excepted
from the benefits Of the psoelamation,
him from castody therein. Nor Is It less doubtful
that Lena fde acceptance Of tho terms or the
1Iesidents Proclamation hr peseons eul y Of acts
secure TO such pcrsou restoration 0; all the
tic 1ieht ef lkEd parties shall hsve inie1,ened
tsete aes q reseoD hoPPe ssen sabset to
fecatiun under the provisions OF the Conhscatlon
Acts Of Ang & ST., Ghantcr o. and July II, 1885,,
source Of power In The President to restore their
reatt OF property, the 10th section Of the Act Of
July Il, 1sb9, authorizes the President, at any time
Who may haze - rarticpaied IN 10 exs:ns ri rebci
ncsty, with spch exceptions and 4 such times
@ e1pedent for tSe public weli.te. It % vii @ lard.
y he questioned suppose, that the otth1s
section, inserted in y law mainly intended to reach
70 Fe.t ths esdent Viz faiI S pores to
lieve such persons on such conditions as ho should
prescribe from The penalty Of loss OF their prop.
ior conHseation under the Acts OF Aut,uas 4, III
and July II, 1861, are In rim against the property
seized, yet under both acts the ground Of coadcm-
the rebellion. By the pardon and amnesty. NOT
only 10 The punishment OF that personal gutat re-
mitted, but the offence itself Ia eaced, that being
c1nmeat: or course It arfestz and puts to an end
al penal proceedings founded thereon, whether
they tonrhthe pereon Or the property o. the Of;
proceedings to enforce the penalties ol
acts Of rebellion which cannot be reached
and cured b thq eoqstltntionh or statutory
I 70
The peTson Of the offender by criminal indictment,
or sgaiEet h'a property under thu Confscation Acts
cd ne to Instruct you that in any eaee where pro
ctt liEgs have been commenced and are pending
and undetermined IN the district Or Circ1it Courts
ese W aess oe 4ebeion nos
eelxaIc md Itei Of Ills p1opef.y for eonacatlon,
rcu viii oleeontinre and prt an end to these pro.
ceedinge, whenever the person 20 charged shall
produce evidence satisfactory TO you that he has,
she conditions pres c1ibed h1 tho Presidents Pro
clsnation Of tlieeth Of December. 1868. Nor Is 1t
necessary thst the evidence he produces should be
&c quite nrosslle 70. Ito President to furnish the
multitude who IRE now nyail1cg themselves OF the
btrcdts Of the Proclamation and who are lI&ely to
90 10 hereafter, with this formal evidence of par
don; 1t will be sufficient to tustify yonr action II
the party seeking to be relieved Iron, further pro-
seediEg shall prove to your full sstisfaeiion that
himself within the conditions Of pardon md am
ncety ect forth in the Proclamation. Htn any caec
you have good rcaeon to believe that the oath has
been taten for the mere purpose Of obtaining tue
possession Of personal property seized andef tho
Confscation Acts, With intent to remove 1t from
the subsequent reach Of tho officers Of the law,
,our belief at thfs office before disseminating tho
proceedings OF restoring snch property to the pos
session Of the owner. FugitiTes under section s
eiats reached by lie Presidsnts % Psocismston; M m 5
property euIzed il subject 10 forfeiture depends
not upon The personal guilt Or Innocence Of lis
Gwner. In this respect, fozfeilurea under that
act have more resemblance to cases OF prize
Of war coptn1ed. at eea IS enemy's property,
leG, and July, 1sG2. Such forcitnres arc psovfded
not 80 much opuntsh the owner for ds'oga1 acts,
Es 10 Prohibit commercial intercourse and weaken
the public enemy, which are always efiicicn: In
stluutnse and legitimate effects Of public war
Iut although tho remission of forfeitures under
the act OF Juy, 1sGl th1s not within the scope
ot tho Proclamation Of Pardon, still nmplo power
the s,h section oi that act to mitleate remit ali
Iorteltnres and penalties incurred under tho act
And it ls not to be doubted that In all proper cases
npter that act where the owner OF the property
residing in the territory in rebellion complies with
the condition OF the proclamation, the Secretory
Of tho Treasury will exercise the power Of remIs-
sion Of saca forfeiture In the same spirit OF gen
ernus forhca.ance ard liberality which Inspired
and characterized the proclamation.
Very respectfully, &C.,
TITAN ]. CoPFEr,
Acting Attorney General.