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• Music: Incubus-"Pardon Me"

Lincoln's Last Days: The Pardon of the Missouri Prisoners

After he took the oath of office of President of the United States for the second time, Abraham Lincoln was promptly back at work, addressing a number of problems that were on his desk. Many of the problems were unique, created as the result of the war that was still ongoing, though approaching its end. One of those issues was the many applications for pardons from prisoners of war captured by Union forces. According to biographer Ida Tarbell, once of the criticisms made of Lincoln was that was too liberal with pardons. Even Ulysses Grant thought that his president was too generous with the use of presidential pardon power.



One legislator who lobbied the president on behalf of captured prisoners was Missouri Senator John B. Henderson. Henderson was sympathetic to the plight of prisoners from his state. He told the Lincoln that it was impossible for anyone to remain neutral in the conflict and anyone who attempted to do so would be subject to arrest, seizure of property and other forms of retribution from one or both sides. A large number of citizens of his state had been arrested and were being held in Union jails. Henderson wrote:

"The friends and relatives of many of these military prisoners appealed to me to secure their release, or to save them from whatever sentence had been pronounced. These sentences, of course, varied. In flagrant cases where they were convicted of acting as spies, or prosecuting guerrilla warfare, the death sentence was sometimes ordered but not often inflicted. Others were condemned to prison for life or during the war. Few of the death sentences were ever inflicted. There was a tacit understanding among the military authorities that while a show of severity be kept up, it was only under extreme circumstances that a prisoner should be executed. Towards the close of the winter of 1864-65, I found that I had a large number of these applications for clemency and pardon on hand."

Although no precise day is quoted, Henderson reports that "an extra session of the senate was called immediately" to deal with Lincoln's nominations for office. Henderson took advantage of this and used it as an opportunity to press Lincoln to deal with the numerous applications for pardon from his state. He had his clerks organize the applications into three categories: (1) those of whose innocence Henderson was convinced; (2) those whose innocence was less clear, but for whom some doubt existed; and (3) those clearly guilty, or as Henderson put it, "those who ought still to be retained in confinement." Henderson took the applications in the first two categories and went to meet with Lincoln to discuss the release of these men.

Henderson reported this exchange that he had with Lincoln:

Lincoln: Do you mean to tell me Henderson that you wish me to let loose all these people at once?
Henderson: Yes, I believe it can be easily done.
Lincoln: But I have no time to examine the evidence. I am constantly reproached for my too abundant charity, and what would be said if I should turn loose so many sinners at once? And again, what would be the influence in Missouri?
Henderson: I believe Mr. President that the influence would be most beneficial. The war is nearly over. The day for generosity and kindness has come.
Lincoln: Do you really think so?
Henderson: Yes. The rebellion is broken. The rebels will soon be returning to their homes if permitted to do so. What I especially wish is to prevent in my state a prolonged guerrilla warfare. The rebels are already conquered in war. Let us try charity and kindness rather than repression and severity. The policy of mercy will prove to be a wise reconstruction measure.
Lincoln: I hope you are right, but I have no time to examine this evidence. If I sign this list as a whole, will you be responsible for the future good behavior of the men?
Henderson: Yes.
Lincoln: Then I will take the risk and sign it.
Henderson: Thank you Mr. President, but that is not all, I have another list here.
Lincoln: I hope you are not going to make me let loose another lot?
Henderson: Yes. I am not quite so sure of the merits of the list, but I believe the men are not dangerous, and it will be good policy to let them go. I think it safer and better to err on the side of mercy.
Lincoln: Yes, but you know I am charged with making too many mistakes on the side of mercy.
Henderson: Mr. President my argument for this is the same as in the other case. The war is substantially over. The guilt of these men is at least doubtful. And mercy is and must be the policy of peace.
Lincoln: I guess you are right.
Henderson: Yes, I am sure I am, and I think that you ought to sign it.
Lincoln: Well I'll be durned if I don't. Now Henderson, remember you are responsible to me for these men. If they do not behave, I shall have to put you in prison for their sins.

The source of this exchange is Ida Tarbell's 1900 two volume biography of the Life of Abraham Lincoln (based on a series of articles that she wrote for McClure's Magazine between 1895 and 1899) at pages 223 to 225 of Volume 2.