mander in Chief seriously, yet even during the war's fury bent military rules to save lives and rehabilitate men. In messages to Congress and the people, he pointed out that his proclamation of amnesty was "amply justified by the Constitution." With one pen he signed orders for new draft calls; with another he spared the lives of young men who, for one reason or another, refused to fight for their country or even ran off the field of battle. If there was a contradiction here that displeased Lincoln's generals, it was a contradiction in which the heart triumphed. Punishment and false patriotism were not to be assigned to his name. To Secretary of War Stanton he wrote: "Regarding the fourteen-year-old sentenced to be shot for desertion, let us instead pardon this drummer boy and send him back home." To General Sheridan he telegraphed: "Suspend execution of death sentence and forward record of trial to me for examination. If a man had more than one life, I think a little hanging would not hurt this one, but as he has only one I believe I will pardon him." Today, more than a year after the end of the military (though not financial) presence of Americans in Vietnam, after a war that many in Congress and the country considered unconstitutional, there are still tens of thousands of citizens who are being punished without trial by a vindictive Administration. These include draft resisters who are in prison or underground in their own country; deserters living in Canada or Europe who are afraid to come home; veterans with less than honorable discharges because of antiwar activities who cannot get an education or a job. And to these must be added their anguished parents, wives and children. Lincoln's Birthday and the days that follow provide occasion for the Federal Government to show the same spirit of détente toward American war resisters that Washington is showing toward foreign governments whose weapons were aimed, not long ago, at American men under arms. To overlook these Americans, who are twisting in the wind of vengeance, is to perpetuate the divisions caused by the Vietnam war. The pardoning sixteenth President called those in need of amnesty what they still are today, "neighbors and neighbors' sons." NATIONAL INTERRELIGIOUS SERVICE BOARD FOR CONSCIENTIOUS OBJECTORS Resistance to draft NISBCO'S AMNESTY FACT SHEET Violations of the Military Selective Service Act reported to the Department of Justice, 1962 through January 1973: 215,000+. [Source: General Counsel, Selective Service System; Department of Justice.] Men indicted for violations of the MSSA from July 1964 through January 1973: 23,414. [Source: Justice Department; Selective Service Law Reporter.] Men convicted for violations of the MSSA, July 1964 through June 1973: 7,720. [Source: Administrative Office of the United States Courts.] 3,826 of those convicted have been imprisoned, with sentences up to five years. [Source: Administrative Office, U.S. Courts.] 136 of these men are still in prison, as of November 1973. [Source: Bureau of Prison.] Pending violations of the MSSA in June 1973: 11,033. [Source: General Counsel, SSS.] 5,576 are currently under indictment (about 4,800 of these are fugitives). 5,457 reported violations are being processed to indictment. Exiles Total U.S. males age 15 to 29 granted landed immigrant status in Canada from 1964 to 1971: 27,543. [Source: Canadian Department of Manpower and Immigration.] AMEX-Canada, published by Americans exiled in Canada, estimates that 12,639 of these are war resisters. Estimates of the total number of American exiles in Canada: 15,000 to 54,000. [Source: AMEX-Canada, SSLR, Canadian Manpower and Immigration.] NISBCO'S AMNESTY INFORMATION SERVICE A LIST OF AMNESTIES IN AMERICAN HISTORY, 1795 TO DATE In this table amnesty is broadly defined to permit inclusion of several actions by the Executive that should properly be considered "pardons" as well as legislative actions by Congress. The amnesties in American history, including date, issued by, persons affected and nature of action: July 10, 1795, Washington, Whiskey insurrectionists (several hundred). General pardon to all who agreed to thereafter obey the law. May 21, 1800, Adams, Pennsylvania insurrectionists. Prosecution of participants ended. Pardon not extended to those indicted or convicted. October 15, 1807, Jefferson, Deserters given full pardon if they surrendered within 4 months. February 7, 1812, October 8, 1812, July 14, 1814, Madison, Deserters-3 proclamations. Given full pardon if they surrendered within 4 months. February 6, 1815, Madison, Pirates who fought in War of 1812 pardoned of all previous acts of piracy for which any suits, indictments or prosecutions were initiated. June 12, 1830, Jackson (War Department), Deserters, with provisions: (1) those in confinement returned to duty; (2) those at large under sentence of death discharged, never again to be enlisted. February 14, 1862, Lincoln (War Department), Political prisoners paroled. July 17, 1862 (Confiscation Act) Congress, President authorized to extend pardon and amnesty to rebels. March 10, 1863, Lincoln, Deserters restored to regiments without punishment, except forfeiture of pay during absence. December 8, 1863, Lincoln, Full pardon to all implicated in or participating in the "existing rebellion" with exceptions and subject to oath. February 26, 1864, Lincoln (War Department), Deserters' sentences mitigated, some restored to duty. March 26, 1864, Lincoln, Certain rebels (clarification of Dec. 8, 1863, proclamation). March 3, 1865, Congress, Desertion punished by forfeiture of citizenship, President to pardon all who return within 60 days. March 11, 1865, Lincoln, Deserters who returned to post in 60 days as required by Congress. May 29, 1865, Johnson, Certain rebels of Confederate States (qualified). July 3, 1866, Johnson (War Department), Deserters returned to duty without punishment except forfeiture of pay. January 21, 1867, Congress, Section 13 of Confiscation Act (authority of President to grant pardon and amnesty) repealed. September 7, 1867, Johnson, Rebels-additional amnesty including all but certain officers of the Confederacy on condition of an oath. July 4 1868, Johnson, Full pardon to all participants in "the late rebellion" except those indicated for treason or felony. December 25, 1868, Johnson, All rebels of Confederate States (universal and unconditional). May 23, 1872, Congress, General amnesty law reenfranchised many thousands of former rebels. May 24, 1884, Congress, Lifted restrictions on former rebels to allow jury duty and civil office. January 4, 1893, Harrison, Mormons-liability for polygamy amnestied. March, 1896, Congress, Lifted restrictions on former rebels to allow appointment to military commissions. June 8, 1893, Congress, Universal Amnesty Act removed all disabilities against all former rebels. July 4, 1902, T. Roosevelt, Philippine insurrectionists. Full pardon and amnesty to all who took an oath recognizing "the supreme authority of the United States of America in the Philippine Islands." June 14, 1917, Wilson, 5,000 persons under suspended sentence because of change in law (not war related). August 21, 1917, Wilson, Clarification of June 14, 1917 proclamation. March 5, 1924, Coolidge, More than 100 deserters-as to loss of citizenship for those deserting since World War I armistice. December 23, 1933, F. Roosevelt, 1,500 convicted of having violated espionage or draft laws (World War 1) who have completed their sentences. December 24, 1945, Truman, Several thousand ex-convicts who had served in World War II for at least 1 year. December 23, 1947, Truman, 1,523 individual pardons for draft evasion in World War II, based on recommendations of President's Amnsty Board. December 24, 1950, Truman, Ex-convicts who served in Armed Forces not less than 1 year after June 25, 1950. December 24, 1952, Truman, All persons convicted for having deserted between August 19, 1948 and June 25, 1950. Sources: John C. Etridge, Foreign Affairs Analyst, Foreign Affairs Division, Library of Congress. Mr. KоCH. Thank you. Mr. Chairman and members of the committee. Before I proceed with my testimony on the subject of amnesty, I would like to comment on General Benade's statement concerning SPN numbers. Although this committee unfortunately does not have jurisdiction over SPN's, the subject matter is peripheral to our discussion of amnesty. I have introduced legislation, which is before the Armed Services Committee to remove the SPN numbers from discharge papers and I would like to bring some material to the attention of the committee because of some misinformation that may have been inadvertently provided by the general. First, Separation Program Numbers-SPN-were first used in 1955 so those of us who served prior to that time did not have SPN's appear on our discharge papers. Somehow or other the Army was able to get along all those years without using SPN numbers. For the past year I have had a good deal of correspondence with General Benade, reams of correspondence in fact, to ascertain the reasons for SPN numbers. The response always was that the SPN number is a classified number so to speak. It is not available to the public. It is not intended for the public. It is intended to provide the Armed Forces with information, which they would use in deciding whether or not to accept an applicant's request for reenlistment. Never did the general respond to my inquiries as to why the information could not be simply maintained in files, which were available to all of the services, and not be used on a discharge paper. The committee should also know that the Air Force in a confidential report prepared for the armed services discussing this issue said that they were opposed to the use of SPN numbers. So the use of SPN's is not unanimous with respect to their need or their use by the armed services. What is particularly distressing about the use of SPN numbers is that they are available to a prospective employer. They are a matter of public knowledge. As the general admitted, there can be an adverse SPN number on an honorable discharge as well as an administrative discharge and a dishonorable discharge. When General Benade was apprised of the ready availability of SPN numbers to employers and the public at large, he said, "Well, we are going to issue new numbers." And the moment those new numbers come out, they will again be available to any enterprising employer who wants to use them. As I have said, the SPN's serve no purpose. Implicitly the general was admitting that when he said "Well, we want someone who served without blemish to be able to produce something that will attest to that." In effect, what he is saying is with a SPN number on there, that may be helpful to him. What the general is doing is really punishing people who have honorable discharges, and administrative discharges, which are not desirable. In addition, those who have dishonorable discharges, and who already have suffered a good deal because of that dishonorable discharge are further penalized. Also, a student who never served may be listed as apathetic under those SPN numbers. "Latent homosexual," is another SPN number classification, as is bed wetter. There is a whole list of provocative words that may apply to a student, whe never served who was 4-F-if that is still the designation. You have to understand that these are subjective designations in most cases based upon the commanding officer's opinion. One doesn't have an opportunity to contest those. I think SPN's are an outrage. They should be ended. And the most conservative member of any committee, I think, looking at that, from just the point of view of fairness, would take that position. Now if I may, Mr. Chairman, I would like to turn to the question of amnesty. I think I am still the only member of Congress who has gone to Canada to talk to those who evaded the draft, refused to serve. I went there in December of 1969. I spent 2 days there in Toronto and Ottawa and Montreal and I spoke to a total of perhaps 40 or so young veterans and some of the wives of these young men. When I came back, I held a press conference on January 1 of 1970. I remember the day very well because it was a huge snowstorm, but it was a very important moment for me. What I said at that time was that we have to seek a means, which will permit the return of these young men without their going to jail. I said then that it was clear that we would not provide any kind of amnesty while the hostilities were going on, although maybe we should, but the fact is we would not. I said though that we had to seek to find the means to provide amnesty when these hostilities ended. That time has come. And in 1971 I introduced with Senator Taft the first bill on amnesty. It was a conditional amnesty bill. It provided that anyone who refused to serve, or evaded the draft, would be permitted to return and do 2 years of civilian service, and would then receive full amnesty. It was interesting what the response was and continues to be, Mr. Chairman. I have had people say to me "How can you take the position that these people should serve at all? We should give them medals," say some. I don't accept that position. I understand it, but I don't accept it. And then there are others who say "How can you permit anyone to return without punishment?" And I say "I don't accept that position either." My legislation, the conditional amnesty bill, has tried to avoid ideology. It has tried to foster the position where those who opposed the war, like myself, can join with those who supported the war and in the interest of the United States, heal this divisiveness that exists as a result of the war without any particular ideology advanced on either side. Now there are some who don't want to accept that. Some people believe that an ideology should be advanced either by labeling those |