On Dec. 8, 1863, in his annual message to Congress, Lincoln, the first Republican president, had outlined his plans for reconstruction of the South, including amnesty terms for former Confederates. A pardon would require an oath of allegiance, but it would not restore ownership to former slaves, or restore confiscated property that involved a third party.

As Lincoln further envisioned his actions, his pardons would have excluded officeholders of the Confederate government or persons who had mistreated prisoners.


Congress, however, objected to Lincoln's plans as too lenient and refused to recognize delegates from the reconstructed governments of Louisiana and Arkansas. With radical Republican lawmakers in full control of the legislative agenda, Congress instead passed the Wade-Davis Bill. This measure required half of any former Confederate state’s voters to swear allegiance to the United States and that they had not supported the Confederacy. While the bill also ended slavery, it did not allow former slaves to vote. Lincoln vetoed the bill.

During his presidency, Lincoln issued 64 pardons for war-related offences: 22 for conspiracy, 17 for treason, 12 for rebellion, nine for holding an office under the Confederacy, and four for serving with the rebels.

Under the terms of surrender for the Army of Northern Virginia at Appomattox Court House on April 10, 1865, Gen. Ulysses S. Grant stipulated that “each officer and man will be allowed to return to his home, not to be disturbed by United States authority so long as they observe their paroles and the laws in force where they may reside.”

On May 5, 1965, the paroles were further extended so that soldiers from the 11 Confederate states, plus West Virginia, would be allowed to return home, but that “all who claim homes in the District of Columbia and in states that never passed the Ordinance of Secession (Maryland, Kentucky, and Missouri) have forfeited them and can only return thereto by complying with the amnesty proclamation of the president and obtaining special permission from the War Department.”