Andrew Johnson Issues “Christmas Amnesty” Pardoning Former Confederates for Treason on Dec. 25, 1868

On December 25, 1868, Andrew Johnson issued his final amnesty proclamation pardoning former Confederates for treason against the United States. Although the vast majority of Confederates had been pardoned in 1865, some high profile leaders were still in possible legal jeopardy.

News of the Amnesty outraged many Radicals who believed that it removed an important source of leverage over former Confederates who still had legal disabilities. The fact that the amnesty was issued by an unelected lame duck president who had been impeached months earlier made it doubly irksome. 

Earlier amnesties had freed nearly everyone who had served in the Confederate military or government from Federal disabilities, but the highest leaders of the Confederate government had been exempted from these amnesties. Confederate President Jefferson Davis, in fact, had faced the real possibility of being tried for treason.

Here is that Christmas Amnesty:

December 25, 1868

By the President of the United States of America

A Proclamation

Whereas the President of the United States has heretofore set forth several proclamations offering amnesty and pardon to persons who had been or were concerned in the late rebellion against the lawful authority of the Government of the United States, which proclamations were severally issued on the 8th day of December, 1863, on the 26th day of March, 1864, on the 29th day of May, 1865, on the 7th day of September, 1867, and on the 4th day of July, in the present year; and

Whereas the authority of the Federal Government having been reestablished in all the States and Territories within the jurisdiction of the United States, it is believed that such prudential reservations and exceptions as at the dates of said several proclamations were deemed necessary and proper may now be wisely and justly relinquished, and that an universal amnesty and pardon for participation in said rebellion extended to all who have borne any part therein will tend to secure permanent peace, order, and prosperity throughout the land, and to renew and fully restore confidence and fraternal feeling among the whole people, and their respect for and attachment to the National Government, designed by its patriotic founders for the general good:

Now, therefore, be it known that I, Andrew Johnson President of the United States, by virtue of the power and authority in me vested by the Constitution and in the name of the sovereign people of the United States, do hereby proclaim and declare unconditionally and without reservation, to all and to every person who, directly or indirectly, participated in the late insurrection or rebellion a full pardon and amnesty for the offense of treason against the United States or of adhering to their enemies during the late civil war, with restoration of all rights, privileges, and immunities under the Constitution and the laws which have been made in pursuance thereof.

In testimony whereof I have signed these presents with my hand and have caused the seal of the United States to be hereunto affixed.
Done at the city of Washington, the 25th day of December, A. D. 1868, and of the Independence of the United States of America the ninety-third.

ANDREW JOHNSON.
By the President:
F. W. SEWARD,
Acting Secretary of State .

Reactions to the Christmas Amnesty varied, as you might expect, depending on region, race, and political affiliation. This headline from a conservative New Orleans paper welcomed the relief offered by Johnson.

Times-Picayune
Friday, Dec 25, 1868
New Orleans, LA
Page: 8

The next editorial, from a Republican newspaper in New England describes Andrew Johnson a “malignant” and “perverse.”

Salem Register
Monday, Dec 28, 1868
Salem, MA
Page: 2

Many Southern conservative newspapers took a reconciliationist approach to the amnesty, hailing it as the true end of the Civil War. These editorials often promised that this would mark the final reconciliation of the country. Of course, the amnesty would not have that effect as conservative efforts to curtail the rights of freedmen continued unabated.

The Charleston Daily News was a Democratic paper that promised reconciliation:

Charleston daily news
Saturday, Dec 26, 1868
Charleston, SC
Vol: 6
Page: 3

The Democratic paper, the Memphis Commercial Appeal, also took a reconciliationist tone. The paper said that the amnesty “virtually closes the rebellion.”

\