In addition, 10% wanted to require a jail sentence, and another 10% of those polled had no opinion. Only 12% would not allow draft resisters to return under any circumstances.

A recent (March 4, 1974) Harris poll confirmed these results. A plurality of respondents (45% to 43%, with 12% undecided) supported amnesty with a requirement of two years of alternative, non-military, national service upon the resister's return home. In a telephone conversation with my office, the Harris national organization acknowledged that if persons who wanted amnesty without any service requirement had been included in the number of those favoring amnesty (with the service requirement, such persons said they opposed the amnesty described), the percentage of respondents favoring amnesty would have been even greater.

Source: Telephone conversation Feb. 26, 1974, between office of Congressman Edward I. Koch and Mr. James McCafferty, Chief, Operations Branch, Division Information System, Administrative Office of U.S. Court.

(Sources: National Center for Health Statistics of the Dept. of Health, Education, and Welfare, and public record of the Selective Service System.)

Complaints reported to U.S. attorneys by the Selective Service System

(Sources: Letter from Robert C. Mardian, Assistant Attorney General, to Cong. Edward I. Koch, January 31, 1972; also, 1973 U.S. Attorneys' offices Fiscal Report, Dept. of Justice, page 3.)

[From the New York Times, Nov. 27, 1971]

ABOUT THOSE EXILES

(By Edward I. Koch)

WASHINGTON.-In a recent column on this page, Roger Williams, currently "in exile," stridently demanded as conditions of returning home, first, punishment of American political leaders and then an official apology to those, like himself, who left this country to avoid military service. Mr. Williams was among some forty exiles I met in Canada in December 1969. I thought and said then that we should face up to the problem, controversial and painful as it may be. With the war dragging on, but hopefully closer to an end, I think it even more important to encourage discussion of this tender subject by reasonable men and

women.

Mr. Williams is not, however, a reasonable man. It seems quite clear that Mr. Williams speaks for only a tiny minority of those who resisted personal involvement in an immoral war by choosing to flee from their country and violate its laws. The great majority of these men-now numbering between 20,000 to 60,000, the estimates vary considerably-truly love the United States. They want to come home and take their places among their families and countrymen.

This problem should be resolved as soon as American troops are no longer fighting in Vietnam. Otherwise for more than a generation to come there will be bitterness, unhappiness and family tragedy. There are difficult issues of public policy, philosophy and fairness involved. The legitimate feelings of those who served in Vietnam, many of whom opposed the war, and the families of those who lost their lives there and in other wars cannot be ignored. Nevertheless, the problem can be approached constructively if the following premises are accepted. First, we should eschew the juvenile shibboleths and rhetoric of the extremists on both left and right-those that espouse Williams' views that America should apologize to the exiles and invite them back as liberators and also those who consider all these men indiscriminately as despicable traitors.

Second, we should accept as an ultimate goal the return of the great majority of these young men and their speedy reintegration into American life.

Third, we should recognize that they are neither heroes nor traitors. They are simply young people who broke the law for a variety of motives-some selfish, most idealistic. Although many Americans may not find their conduct justifiable, it is at least to some degree explainable by the great moral, social and political transformations we have all witnessed these last few years.

Fourth, these young people, having broken the law, must face some penalty. But what penalty? We know enough about our system of criminal justice to recognize how counter-productive and how irrational it would be to impose jail terms on them. Jail would only brutalize or break them. Besides, it is not really a solution since it is an option presently available to them and obviously not one that will bring them back.

We can make progress on this subject by concentrating on the question of what new options should be made available in order to bring these men home. Prison is not a realistic option but some lesser penalty might be acceptable to them and to most Americans in a post-Vietnam era. For example, they might be given the option of working for a year or two in VISTA or at some other public service job. Such an obligation, together with the discomfort of years in exile, would in my view be more than an adequate penalty. But, it would be a penalty with a purpose. And it would be consistent with America's tradition of magnanimity at the end of hostilities. Indeed, after the Civil War we granted an immediate amnesty to all who fought against their own countrymen.

Let us reach out to all the victims of this monstrous war—the imprisoned, the bereaved, the wounded, the jobless, and those young men in self-imposed exile.

[From the New York Times, Feb. 13, 1974]

THE PARDONING PRESIDENT

President Lincoln's generosity of spirit can be found most notably in his treatment of Confederate prisoners and Union deserters. He took his role as Com

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.
September 25, 1894, Cleveland, Mormons—in accord with above.

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.