PUBLIC DOCUMENTS. 



781 



protected, is simply absurd. There must be a test by 

 which to separate the opposing elements, so as to build 

 only from the sound; and that test is a sufficiently 

 liberal one which accepts as sound whoever will make 

 a sworn recantation of his former unsoundness. 



But if it be proper to require, as a test of admission 

 to the political body, an oath of allegiance to the Con- 

 stitution of the United States and to the Union under 

 it, why also to the laws and proclamations in regard to 

 slavery ? Those laws and proclamations were enacted 

 and put forth for the purpose of aiding in the sup- 

 pression of the rebellion. To give them their fullest 

 effect, there had to be a pledge for their maintenance. 

 In my judgment they have aided, and will further aid, 

 the cause for which they were intended. To now aban- 

 don them would be not only to relinquish a lever of 

 power, but would also be a cruel and astounding 

 preach of faith. 



I may add at this point, that while I remain in my 

 present position I shall not attempt to retract or modify 

 the emancipation proclamation ; nor shall I return to 

 slavery any person who is free by the terms of that pro- 

 clamation, or by any of the acts of Congress. For these 

 and other reasons it is thought best that the support of 

 these measures shall be included in the oath ; and it is 

 believed the executive may lawfully claim it in return 

 for pardon and restoration of forfeited rights, which he 

 has clear constitutional power to withhold altogether, 

 or grant upon the terms which he shall deem wisest 

 for the public interest. It should be observed also that 

 this part of the oath is subject to the modifying and 

 abrogating power of legislation and supreme judicial 

 decision. 



The proposed acquiescence of the national execu- 

 tive in any reasonable temporary State arrangement 

 for the freed people is made with the view of possibly 

 modifying the confusion and destitution which must, 

 at best, attend all classes by a total revolution of labor 

 throughout whole States. It is hoped that the already 

 deeply afflicted people of those States may be some- 

 what more ready to give up the cause of their afflic- 

 tion, if, to this extent, this vital matter be left to them- 

 selves; while no power of the national executive to 

 prevent an abuse is abridged by the proposition. 



The suggestion in the proclamation as to maintain- 

 ing the political framework of the States on what is 

 called reconstruction, is made in the hope that it may 

 do good without danger of harm. It will save labor 

 and avoid great confusion. 



But why any proclamation now upon this subject ? 

 This question is beset with the conflicting views that 

 the step might be delayed too long or be taken too 

 soon. In some States the elements for resumption 

 seem ready for action, but remain inactive, apparently 

 for want of a rallying point a plan of action. Why 

 shall A adopt the plan of B, rather than B that of A? 

 And if A and B should agree, how can they know but 

 that the General Government here will reject their plan ? 

 By the proclamation a plan is presented which may be 

 accepted by them as a rallying point, and which they 

 are assured in advance will not be rejected here. This 

 may bring them to act sooner than they otherwise would. 



The objections to a premature presentation of a plan 

 by the national executive consist in the danger of 

 committals on points which could be more safely left to 

 further developments. Care has been taken to so shape 

 the document as to avoid embarrassments from this 

 source. Saying that, on certain terms, certain classes 

 will be pardoned, with rights restored, it is not said 

 that other classes, or other terms, will never be includ- 

 ed. Saying that reconstruction will be accepted if 

 presented in a specified way, it is not said it will never 

 be accepted in any other way. 



The movements, by State action, for emancipation in 

 several of the States, not included in the emancipation 

 proclamation, are matters of profound gratulation. 

 And while I do not repeat in detail what I have here- 

 tofore so earnestly urged upon this subject, my general 

 views and feelings remain unchanged ; and I trust that 

 Congress will omit no fair opportunity of aiding these 

 important steps to a great consummation. 



In the midst of other cares, howeTer important, we 

 must not lose sight of the fact that the war power ia 

 still our main reliance. To that power alone can we 

 look, yet for a time, to give confidence to the people in 

 the contested regions, that the insurgent power will 

 not again overrun them. 



Until that confidence shall be established, little can 

 be done anywhere for what is called reconstruction. 

 Hence our chiefest care must still be directed to the 

 army and navy, who have thus far borne their harder 

 part so nobly and well. And it may be esteemed for- 

 tunate that, in giving the greatest efficiency to these 

 indispensable arms, we do also honorably recognize 

 the gallant men, from commander to sentinel, who 

 compose them, and to whom, more than to others, the 

 worm must stand indebted for the home of freedom 

 disenthralled, regenerated, enlarged, and perpetuated. 

 ABRAHAM LINCOLN. 



December 8th, 1863. 



PROCLAMATION. 



Whereas, in and by the Constitution of the United 

 States, it is provides that the President " shall have 

 power to grant reprieves and pardons for offences 

 against the United States, except in cases of impeach- 

 ment ; " 



And whereas a rebellion now exists whereby the 

 loyal State Governments of several of the States have 

 for a long time been subverted, and many persons 

 have committed and are now guilty of treason against 

 the United States; 



And whereas, with reference to said rebellion and 

 treason, laws have been enacted by Congress, declar- 

 ing forfeitures and confiscation of property and libera- 

 tion of slaves, all upon terms and conditions there- 

 in stated, and also declaring that the President was 

 thereby authorized at any time thereafter, by procla- 

 mation, to extend to the persons who may have parti- 

 cipated in the existing rebellion, in any State or part 

 thereof, pardon and amnesty, with such exceptions 

 and at such times and on such conditions as he may 

 deem expedient for the public welfare ; 



And whereas, the Congressional declaration for lim- 

 ited and conditional pardon accords with well-estab- 

 lished judicial exposition of the pardoning power; 



And whereas, with reference to said rebellion, the 

 President of the United States has issued several proc- 

 lamations, with provisions in regard to the liberation 

 of slaves ; 



And whereas, it is now desired by some persons 

 heretofore engaged in said rebellion to resume their 

 allegiance to the United States, and to reinaugurate 

 loyal State Governments within and for their respec- 

 tive States : 



Therefore, I, ABRAHAM LINCOLN, President of the 

 United States, do proclaim, declare, and make known 

 to all persons who have, directly or by implication, 

 participated in the existing rebellion, except as here- 

 inafter excepted, that a full pardon is hereoy grunted 

 to them and each of them, with restoration of all 

 rights of property, except as to slaves, and in prop- 

 erty cases where rights of third parties shall have in- 

 tervened, and upon the condition that every such per- 

 son shall take and subscribe an path, and thencefor- 

 ward keep and maintain said oath inviolate ; and which 

 oath shall be registered for permanent preservation, 

 and shall be of the tenor and effect following, to wit : 



I, , do solemnly swear, in presence of Al- 

 mighty God, that I will henceforth faithfully support, pro- 

 tect, and defend the Constitution of the United States and 

 the Union of the States thereunder; and tbnt I will, in like 

 manner, abide by and faithfully support all acts of Congress 

 passed during the existing rebellion with reference to slaves, 

 so long and so far as not repealed, modified, or held void by 

 Confess, or by decision of the Supreme Court ; and that I 

 will," in like manner, abide by, and faithfully support all 

 proclamations of the President, wade during the existing 

 rebellion, having reference to slaves, 50 long anil so far as 

 not modified or declared void by decision of the Supremo 

 Court So help me God. 



The persons excepted from the benefits of the fore- 

 going provisions are all who are or shall have been 



