Both during and after the American Civil War, pardons for ex-Confederates were given by US presidents Abraham Lincoln and Andrew Johnson and were usually extended for those who had served in the military above the rank of colonel or civilians who had exercised political power under the Confederate government. The power to pardon offences to the US government was given to the chief executive in the US Constitution under Article II.
On December 8, 1863, in his annual message to Congress, President Lincoln outlined his plans for reconstruction of the South, which included terms for amnesty to former Confederates. A pardon would require an oath of allegiance, but it would not restore ownership to former slaves, or restore confiscated property which involved a third party. The pardon excluded office holders of the Confederate government or persons who had mistreated prisoners. Congress, however, objected to Lincoln's plans as being too lenient and refused to recognize delegates from the reconstructed governments of Louisiana and Arkansas. Congress instead passed the Wade–Davis Bill, which required half of any former Confederate state's voters to swear allegiance to the United States and also swear that they had not supported the Confederacy. The bill also ended slavery, but did not allow former slaves to vote. President Lincoln pocket vetoed the bill. During his presidency Lincoln issued 64 pardons for war-related offences; 22 for conspiracy, 17 for treason, 12 for rebellion, 9 for holding an office under the Confederacy, and 4 for serving with the rebels.
Under the terms of surrender for the Army of Northern Virginia at Appomattox Court House on April 10, 1865, General 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 the parole was extended so that soldiers from the 11 Confederate states, plus West Virginia, would be allowed to return home on their paroles 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 included) 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".
As Johnson assumed the presidency, his attitude toward Confederate leaders seemed to signify punishment and prosecution for the rebellion. Many southern leaders fled the United States, going to Mexico, Canada, Europe and other countries. He doubled the number of exempted classes that had been exempted by Lincoln. Johnson's proclamation of May 29, 1865, for example, did not include anyone whose personal property exceeded $20,000 (equivalent to $421,000 in 2025). Several mitigating factors however led Johnson to greater clemency, such as the attitude of Lincoln for reconciliation and William H. Seward's similar leniency towards the former rebels.
Those excluded from general amnesty had the option of applying to the president for a special pardon, and much of Johnson's time was spent in granting those pardons.
The following oath was required under Johnson's 1865 proclamation:
I, _____, do solemnly swear or affirm, in presence of Almighty God, that I will henceforth faithfully support and defend the Constitution of the United States and the Union of the States thereunder. And that I will, in like manner, abide by and faithfully support all laws and proclamations which have been made during the existing rebellion with reference to the emancipation of slaves, so help me God.
There were exceptions to the granting of general amnesty:
The following classes of persons are excepted from the benefits of this proclamation:
First – All who are or shall have been pretended civil or diplomatic officers, or otherwise domestic or foreign agents of the pretended Confederate Government.
Second – All who left judicial stations under the United States to aid the rebellion.
Third – All who shall have been military or naval officers of said pretended Confederate Government above the rank of Colonel in the army or Lieutenant in the navy.
Fourth – All who left seats in the Congress of the United States to aid the rebellion.
Fifth – All who resigned or tendered resignations of their commissions in the army or navy of the United States, to evade duty in resisting the rebellion.
Sixth – All who have engaged in any way in treating otherwise than lawfully as prisoners of war persons found in the United States service, as officers, soldiers, seamen, or in other capacities.
Seventh – All persons who have been or are absentees from the United States for the purpose of aiding the rebellion.
Eighth – All military and naval officers in the rebel service who were educated by the government in the Military Academy at West Point, or the United States Naval Academy.
Ninth – All persons who held the pretended offices of Governors of States in insurrection against the United States.