Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1866-03-02
NO. 40

20. All military or naval officers in thu
j rebel service who were educated by the
! Government in the Military Academy a
! West Point, or at the United States Nava
/ Academy.
80. All persons who held the pretended
offices Of Governors Of States in insur-
rectiou against the United States
10 All persons who left their homes
within the jurisdiction and protection OF
Lne United states, and passed beyond the
Federal military lines into so-called con
the rebellion.
I'll. All persons who have engaged in
the destruction of the commerce of the
United States upon the high seas, and all
persons who have made raids into the
United states from Canada, or been en-
gagged IN destroying the commerce or the
United states upon the lakes and rivers
that separate the British Provinces from
the United States.
"l2. All persons who, at the time when
they seek to obtain the benefit thereof by
taking the oath herein prescribed are in
military or civil confinement or cust0tI "
or under bond of the military or naval
authorities or agents of the United States.
as prisoners Of war, or persons detained
for Otfenses of any kind, either before or
after their conviction.
''l3. All persons who have voluntarily
participated in said rebellion, and the es-
timated value of whose taxable property
is over twenty thousand dollars.
4lA All persons who have taken the
oath Of amnesty, as prescribed in the
Presidents proclamation of December %
or the oath of allegiance to the Govern
ment of the United States since the date OF
said proclamation, and who have not thence
forward kept and maintained the same
lnVlOlate; provided, that special applica-
ton may be made to the President for par
don, by any persons belonging to the ex-
cepted classes, and such leniency viii be
literally extended as may be consistent
with the facts and the peace and the dig
nifty of the United States"
I ought, perhaps, to call the attention
OF the COMMITTEES In this connection to
the act of Congress, approved July II,
1862, entitled An act to suppress insur-
rectiOn, to punish treason and rebellion,
to seize and coafscato the property of
rebels, and for other purposes"
The provision to which [ call your at
tention reads as follows:
SEC. l3. Ind be 1t further enacted, That
the President is hereby authorized. at any
time hereafter, 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 at such time, and on such
conditions, as he may deem expedient for
the public welfare .
This law is now in full force.
Perhaps in the absence of this provision
the President possessed the power under
the constitutional provision to release
fOrfeitures under the cOnfiscatiOu law, as
well as to grant pardon and amnesty to
the rebels and other offenders, but wheth-
er the power is vested by the Constitution
or not, the enactment of the law Is q sane
ton by Congress Of the exercise OF that
power on the part OF the Executive.
1t will be borne in mind that under Mr.
LincOln's plan and during his admins
tration, military governors were appoin-
ted for the States of Tennessee, louisiana,
and Arkansas, civil governments restored,
free constitutions adopted, and slavery
WAS abolished.
On the 29th day of May, being the same
day Mr. johnson issued his amnesty
proclamation, he issued his proclamation
appointing William w Holden, provis-
ional governor of the State of North Car
olina, and containing rules and regula-
tiOns for his direction aud guidance In his
administration.
In like manner, Immediately after,
other provisional Governors were appOin.
ted for the other so-called confederate
States, with like rules and regulations.
I shall only invite the attention Of the
committee to the North Carolina prCc-
lamation. The preamble recites the
fourth section of the Constitution declar-
ing that the United States shall guaranty
to every State in the Union republican
form of government, and protect each
against invasion and domestic violence
makes the further recital Of the COustltu-
tional provision, making the President
Commander n-Chief Of the Army aud
Navy, aus well as the chief executive officer
Of the nation. bound by solemn oath to
see that the laws be faithfully executed
and making further recital, that the re-
bellion which had been Waged by por-
tion of the people of the United States,
against the properly constituted authOri-
ties of the Government thereof, IN most
violent and revolving form, and which
had deprived the people Of North Caro-
lima Of civil government; and then the
preamble concludes as follows:
50 Whereas 1t becomes necessary and
proper to carry out and enforce the obliga-
tious Of the United States to the people of
North Carolina in securing them in the
enjoyment of q republican form Of gov
ernment."
Twill now by the indulgence of the
committee read that part of the proclama-
ton L deem necessary to a proper under
standing OF its provisions;
81, Andrew Johnson, President of the
United States and COmmander-in-Chiefo of
the Army and Navy of the United States,
do hereby appoint William w. Holden
<
Carolina, whose duty il shall be, Mt the
earliest practicable period to prescribe
such rules and regulations as may be
necessary and proper for cOnvenlng con-
ventiOn composed Of delegates To be chosen
by that portion of the people OF said State
who are loyal to the United States, and no
others, for the purpose of altering or
amending the constitution thereof and
with authority to exercise within the linn
its of said State all the powers necessary
and proper to enbale such loyal people of
the State of North Carolina to restore said
State to its constitutional relations to the
Federal Government, and to present such
a republican form Of State government as
will entitle the State to the guarantee OF
the United States therefor, and its people
to protection by the United States against
invasion, insurreetion and domestic vio-
/ lence; provided that in any election that
may be hereafter held fer choosing dele
/ gates to any State convention as aforesaid,
/ no person shall be qualified as an electori
/ or shall be eligible as 3 member OF such
/ convention, unless he shall previously
/ have taken and subscribed the oath of am
! nestv as set forth in the Presidents procla-
| nation, May %, 1864, and is a voter guam
| fed as prescribed by the constitution and
| laws of the State of North Carolina IN
( force Immediately before the 20th day OF
/ Nav, ~ ID. 1861, the date of the so-callad
ordinance of secession, and the said con-
| ventiOn when convened, or the Legislature
| that may be thereafter assembled, viii
/ prescribe the qualification of electors auc
the eligibility of persons TO hold Office an
der the constitution and laws of the State
/ a power the people of the several States
composing the Federal Union have right