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Amnesty Act
Great Seal of the United States
Long title An Act to remove political Disabilities imposed by the fourteenth Article of the Amendments of the Constitution of the United States.
Nicknames Amnesty Act of 1872
Enacted by the 42nd United States Congress
Citations
Public law Pub.L. 42-193
Statutes at Large 17 Stat. 142
Legislative history
  • Introduced in the House as H.R. 2761 by Benjamin Butler (RMA) on May 13, 1872
  • Passed the House on May 13, 1872 (voice vote)
  • Passed the Senate on May 21, 1872 (38-2)
  • Signed into law by President Ulysses S. Grant on May 22, 1872

The Amnesty Act of 1872 was a United States federal law passed on May 22, 1872. This important law removed most of the punishments placed on people who had supported the Confederacy during the American Civil War. These punishments were originally set by the Fourteenth Amendment to the U.S. Constitution, which was adopted in 1868.

The Fourteenth Amendment had a rule that stopped certain people from holding government jobs. This rule applied to anyone who had held a government office before the war and then joined in the rebellion. However, the amendment also said that if two-thirds of both the House of Representatives and the Senate agreed, these restrictions could be lifted. The Amnesty Act of 1872 was passed by the 42nd United States Congress using this special rule.

What Was the Amnesty Act of 1872?

The Amnesty Act of 1872 was a law designed to help the country heal after the Civil War. It allowed many former Confederates to regain their political rights. Before this act, they were not allowed to hold federal or state government jobs.

Why Was This Act Needed?

After the Civil War, the United States wanted to reunite the country. The Fourteenth Amendment was added to the Constitution. Section 3 of this amendment said that people who had fought against the U.S. government could not hold public office. This meant many people in the Southern states were blocked from being elected or appointed to important jobs.

Who Did the Act Help?

The 1872 Act specifically removed these political restrictions for most of the people who had supported the Confederacy. This included many former soldiers and officials. It cleared over 150,000 former Confederate troops who had fought in the Civil War.

President Grant's Role

After the Act was passed, President Ulysses S. Grant took further action. On June 1, 1872, he announced that all legal cases against people who had lost their political rights because of the Fourteenth Amendment should be stopped. He also pardoned almost all former top Confederate leaders, except for about 500 of them. This helped many people get their rights back.

Did the Act Apply to Everyone?

No, the Amnesty Act of 1872 did not remove the restrictions for everyone. It still kept the political ban on a small group of people. These included:

  • Senators and Representatives from the 36th and 37th Congresses (before and during the war).
  • Officers in the U.S. judicial, military, and naval services.
  • Heads of government departments.
  • U.S. foreign ministers.

These specific individuals remained disqualified from holding office.

What About Later Years?

The Amnesty Act mainly focused on removing past restrictions. It did not clearly state if it would also remove restrictions for future actions that might violate the Fourteenth Amendment. Over the years, there have been discussions about whether this Act applies to new situations. For example, in the early 1900s, there was a case where a politician was blocked from office. More recently, in 2022, courts debated if the Act still applied to current members of Congress. These discussions show that the meaning of the Act can still be debated today.

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