WASHINGTON, D.C., _January 18, 1869_.
_To the Senate of the United States_:
The resolution adopted on the 5th instant, requesting the President "to
transmit to the Senate a copy of any proclamation of amnesty made by him
since the last adjournment of Congress, and also to communicate to the
Senate by what authority of law the same was made," has been received.
I accordingly transmit herewith a copy of a proclamation dated the 25th
day of December last. The authority of law by which it was made is set
forth in the proclamation itself, which expressly affirms that it was
issued "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," and proclaims and declares "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."
The Federal Constitution is understood to be and is regarded by the
Executive as the supreme law of the land. The second section of article
second of that instrument provides that the President "shall have power
to grant reprieves and pardons for offenses against the United States,
except in cases of impeachment." The proclamation of the 25th ultimo is
in strict accordance with the judicial expositions of the authority thus
conferred upon the Executive, and, as will be seen by reference to the
accompanying papers, is in conformity with the precedent established by
Washington in 1795, and followed by President Adams in 1800, Madison in
1815, and Lincoln in 1863, and by the present Executive in 1865, 1867,
and 1868.