Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-02-25
THE AMNESTY PROCLAMATION.


The following is a Circular Letter of the Law
Department of the Administration to the District
Attorneys of the United States, explaining the
provisions of the Presidents recent proclamation
of amnesty:
ATTORNEY GENERALS OFFICE,
Washington, February 10, 1864
SIR Many persons against whom criminal indictments
against whose property proceedings under the cons
cation laws pending the courts of the United States
growing out of the participation of such persons in the
existing rebellion have good faith taken the oath pre-
scrbed by the Proclamation of the President of 9Th De-
cember 1863 and have therefore entitled themselves to
the full pardon and restoration of all rights of property
except slaves and where rights of third parties have
INTERVIEWED which that proclamation offers and
he Presidents pardon of person guilty of acts of
beon will of relieve that person from the penal
incurred by his crime, and where an indictment is
pending against him therefor the production of the par
don signed by the President of satisfactory evidence
that he has complied with the conditions on which the
pardon offered f he be not Of the class excepted from
the benefits Of the procamation will be sufficient rea-
for disseminating such criminal proceedings, and dis
charging him custody therein
Nor is it less doubtful that bona de acceptance of the
terms of the Presidents proclamation, by guilty
of acts of rebellion and not of the excepted class will
perry except to slaves and where the rights of third
parties shall have INTERVIEWED notwithstanding such pro-
pery may by of those acts of rebellion have been
subject to conscation under the provisions of the cons
cation acts of 9th of August 1861 chapter co. and 18th
July 1862 chapter 1876. For, without aiyertlng to any
other source of power in the President to restore pro-
tect their rights of property the 18th section OF the act
of 18th July 1862 authorizes the President 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 such time and such conditions, rs he may deem
expedient for the public welfare 1t will hardly be gues
ton suppose that the purpose of this section inserted
in law mainly intended to reach the property of persons
engaged in rebellion to vest the President with full
power to relieve such persons, such conditions as be
should prescribe from the penalty of loss of their property
BY coniscation.
Although the proceedings for coDiscaon under the
acts of August 6, 1861, and July IT, 1861 in rem,
against the property seized yet under both acts the
ground condemnation is the personal guilt of the
10 aiding the rebellion. BY the pardon and amnesty not
only is the punishment OF that personal quit but
the offence itself eaced that being the special effect OF
act of amnesty by the Government OF course it ar
rests aud puts end to all penal proceedings founded
thereon whether they touch the persons or the property
Of the offender
There s therefore, Of Judicial proceedings to
enforce the penalties of acts OF rebellion which cannot be
reached and cured by the or statutory power
of the President to grant pardon and amnesty whether
the proceedings be against the person Of the offender by
criminal indictment against his property under the
fscation act referred TO.
The President has accordingly directed me to instruct
you that in any where proceedings have been
menced and pending and undetermined IN the District
or Circuit Court Of the United States for your district
against person charged with acts OF rebellion and not of
the excepted class whether they be by indictment by
seizure and libel of his property for confscation (the
rights of other parties not having inervened0 you will
discontinue and put end to those proceedings when
ever the person charged shall produce evidence salts
factory you that he has in good faith taken the oath
and complied with the conditions prescribed BY the res
dents proclamation Of 9Th December 1863 Nor it
that the evidence which he produces should be
deed Of pardon signed by the President III would be
quite impossible for the President TO furnish tho multi
udes who avaing Themselves OF the dement's Q"
the procanatios AID who likely to do so hereafter
with this formal evidence Of pardon u will be sufficient
justify your action if the party seeking 10 % relieved
ou further proceedings shall prove to your iui sasiac
ton that be hAs in good faith taken the oath and brought
himself within the conditions Of pardon and amnesty set
forth in the proclamation IT, in any case you have good
TO believe that the oath has been taken or the
purpose Of obtaining the possession OF personal pro
per,y seized under the conscaton acts with Intent TO
from the subsequent reach oi tie oncer OF the
aS you will make report OF the acts ana reasons Tor
your belief 10 ibis office before dscontnung the pro
ceedngs restoring sucn property to the possession OF
the owner.
Forfeitures under the fifth pecon Of the act Of 18th
july 1901 chap g. not Of the class reached by The
Presidents proclamation for under that act the question
whether the property seized subject to forfeiture de-
ponds upon the predcament Of the property ITSELF and not
upon the personal quit innocence OF its owner In TINS
respect f0etures uoder that act have more resemblance
to Of prize Of captured at as enemys pro
perty than TO proceedings under the act OF August ool
and July 1862 Sucborfeures enforced, not so much
to punish the Or dsoya acts as to prohibit COM
mercia intercourse, aid weaken the public enemy
which are always Efficient instruments ana legitimate ei
fecs Of public war But although the remission OF for
FIXTURES unaer the act Of July le6l are thus not wtnn
the scope Of the of pardon still ample power
is conferred on the Secretary Of the Treasury by the eighth
section Of that act to mitigate remit all orsitlre ana
penalties incurred under the act And u NOT 70 pe
aubed that 10 all proper cases under that act where the
owner Of the property, ressns in the territory 10 rebel
lon IMPLIES with the conditions OF toe proclamation,
that the Secretary Of the Treasury will exercise tne
Of mission seh iorfeures the same spirit OF gene
iorbesrance and lberay which inspired ana char
acterizes the proclamation.
Very respectfully, &c.
TITAN j. COFFEY,
Actng Attorney General
To the u. s. District Attorney at - -.