The Jefferson Davis defense team had dropped a bomb of a motion on December 3, 1865 to quash all charges pursuant to the 14th Amendment and double jeopardy. Lead defense counsel had been informed by Robert Ould that Chief Justice Chase would support such a motion (it was Chase's idea). Judge Underwood opposed it, so the Circuit Court was divided and it was referred to the Supreme Court. The General Pardon short-circuited expected argument at the Supreme Court.
At a cabinet meeting of January 9, 1869, AG Evarts produced a copy of his instruction to the district attorneys to file a nolle prosequi. On February 11, 1869, the United States district attorney entered a nolle prosequi; they would not further prosecute the case. All treason cases were dead.
Granting Full Pardon and Amnesty for the Offense of Treason Against the United States During the Late Civil War
December 25, 1868By the President of the United States of America
A Proclamation
Whereas the President of the United States has heretofore set forth several proclamations offering amnesty and pardon to persons who had been or were concerned in the late rebellion against the lawful authority of the Government of the United States, which proclamations were severally issued on the 8th day of December, 1863, on the 26th day of March, 1864, on the 29th day of May, 1865, on the 7th day of September, 1867, and on the 4th day of July, in the present year; and
Whereas the authority of the Federal Government having been reestablished in all the States and Territories within the jurisdiction of the United States, it is believed that such prudential reservations and exceptions as at the dates of said several proclamations were deemed necessary and proper may now be wisely and justly relinquished, and that an universal amnesty and pardon for participation in said rebellion extended to all who have borne any part therein will tend to secure permanent peace, order, and prosperity throughout the land, and to renew and fully restore confidence and fraternal feeling among the whole people, and their respect for and attachment to the National Government, designed by its patriotic founders for the general good:
Now, therefore, be it known that I, Andrew Johnson President of the United States, 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, do hereby proclaim and declare 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.
In testimony whereof I have signed these presents with my hand and have caused the seal of the United States to be hereunto affixed.
Done at the city of Washington, the 25th day of December, A. D. 1868, and of the Independence of the United States of America the ninety-third.
ANDREW JOHNSON.
By the President:
F. W. SEWARD,
Acting Secretary of State.