Proclamation to Pardon Deserters in Louisiana, 3 March 1804
Proclamation to Pardon Deserters in Louisiana
Whereas it is represented that sundry persons formerly engaged in the Military Service of the United States and having deserted from the Same, have become inhabitants of the Territory of Louisiana lately ceded to the United States, have establishments of property and families therein, and are in such habits of industry and good conduct as to give reason to believe they will be orderly and useful members of Society if a pardon for their Offence of desertion should be extended to them.1
I do therefore hereby in virtue of the authority vested in me by the Constitution of the United States extend & Grant to every person so having deserted from the Military service of the United States who was on the 20th. day of December 1803 an Inhabitant of the said Territory of Louisiana, a free and full pardon for his desertion aforesaid and relinquishment of the term which he was bound to serve at the time of such desertion: Provided nevertheless that no right shall be hereby revived or accrew to such person to demand or receive from the United States any arrearages of Pay or other emolument which were or might have become due had such person faithfully served through the term of their said Military engagement.2
In Testimony whereof I have herewith set my hand, and caused the Seal of the United States to be affixed to these presents.
Done at the City of Washington the fifth day of March in the year of Our Lord 1804 in the twenty eighth year of the Independence of the said States.
(Signed) Thos. Jefferson
FC (Lb in DNA: RG 107, LSMA, 2:193-4); in a clerk’s hand; at head of text: “By the President of the United States of America—A Proclamation”; at foot of text: “By the President” and “(Signed) James Madison Secretary of State.” Dft (DLC: TJ Papers, 138:23992-3); undated; in Levi Lincoln’s hand, with alterations in TJ’s hand (see notes below); endorsed by TJ: “Lincoln Levi. proclamn. Mar. 3. 04. desertors.”
Dearborn enclosed the above proclamation in a 9 Mch. letter to William C. C. Claiborne, requesting that it be “promulgated in such manner as in your opinion will be most proper & expedient” (DNA: RG 107, LSMA). Replying to Dearborn on 14 Apr., Claiborne observed that the “humane Policy of the President in extending his Pardon to such deserters from the Army, as may have settled in Louisiana, will probably be the means of quieting the minds of some industrious members of Society, who I hope by a series of good actions, will make atonement for their former debased conduct” (, 2:96).
1. In Dft, Lincoln’s first paragraph reads: “Whereas, there are, in the territory of Louisiana lately ceded to the U States, and, probably, in some parts of these States, and else where, persons who have deserted from the military service of the national Government, and made settlements & established themselves in families since their desertions—And whereas the reclaiming & punishing such persons thus circumstanced would distress their families, & be neither beneficial to the military service, or otherwise conducive to the public good.” TJ replaced Lincoln’s paragraph with one in his own hand on a separate sheet: “Whereas it is represented that sundry persons who had deserted from the military service of the US. are now established in the territory of Louisiana lately ceded to the US. with their families & property, and have so conducted themselves therein as to give reason to believe they may be orderly and useful members of society if a pardon for their offence should be extended to them.”
2. In Dft, Lincoln’s second paragraph reads: “I do therefore hereby, in virtue of the authority vested in me by the Constitution of the U States, extend and grant to each and every non commission officer, Musician, and private soldier, who may have deserted from the military service aforsd. previous to the 20th day of Decr. 1803, & who has not since joined the sd. service wheresoever he may be, a free and full pardon for his desertion aforesd. and so far as related to his subsequent absence and neglect of duty—And I do hereby dispense with such deserter’s future military services under his past enlistments, provided that he shall not claim or be entitled to claim any arrearages of pay, or emoluments which may have been due to him at the time of his desertion.” TJ altered the text to read: “I do therefore hereby, in virtue of the authority vested in me by the Constitution of the U States, extend and grant to every person so having deserted from the military service of the US and who was on the 20th day of Decr. 1803, an inhabitant of the said territory of Louisiana a free and full pardon for his desertion aforesd. and a relinquishment of the term which he was bound to serve at the time of his desertion Provided nevertheless that no right shall hereby be revived or accrue to demand or recieve any arrearages of pay or other emolument which were or might have become due had such person faithfully served through the term of their engagement.” Lincoln concluded the Dft with a third paragraph: “And I do hereby command all and singular the Military officers of the United States, and enjoin on all the citizens and inhabitants of the said Territory to yield a due compliance herewith.”