Signing the oath.

[Old Cremona]

I was just looking over the Loyalty Oath I signed at the Lost Tribes event. I didn't really read it at the the time, I just wanted the Federals off my back and to get back to my life.

Rereading it now, I can see why some considered it a little draconian.

"I, (Carl Anderton), of the County of (St. Charles), State of (Missouri) do solemnly swear, in presence of Almighty God, that I will henceforth faithfully support, protect and defend the Constitution of the United States, and the Union of the States thereunder, and that I will, in like manner, abide by and faithfully support all acts of Congress passed during the existing rebellion with reference to slaves, so long and so far as not repealed, modified, or held void by Congress, or by decicion of the Supreme Court; and that I will, in like manner, abide by and faithfully support all proclamations of the President made during the existing rebellion having reference to slaves, so long and so far as not modified or declared void by decision of the Supreme Court. So help me God."

It seems like, in signing this, I have given up my right to have an opinion on the emancipation issue, unless it mirrors the Presidents or Congress' opinion.

But voicing my own opinion is my treasured American right.

[Auld Pelty]

Re: Signing the oath.

Carl,

That paper should have burned up with your body in the grist mill. Many men, including POW's, signed Oaths under duress and disregarded them. I might have kept a forged copy in my coat pocket.

[Mtn.Guerilla]

Re: Signing the oath.

I'm sure signing under duress certainly was an issue for many. Reading thru one of my ancestors applications for pension, James A White ( he was a member of the 8th Tenn. Cav CS, shot thru the chin and shoulder at Parkers Crossroads) ,I found his recollection of signing the oath.


He was living outside of Chattanooga in April 1864 and writes: " We eight ( he & other discharged Confederates) came to Chattanooga, to forage for supplies for our families, as our lands had been laid waste, and everything was gone. I had not come intending to take the oath but they would not let us leave until we did ". A very basic statement, from a simple man, trying to feed his family. Who could probably care less about polotics.

[Hank Trent]

Re: Signing the oath.

and that I will, in like manner, abide by and faithfully support all acts of Congress passed during the existing rebellion with reference to slaves,

If only the citizens of the north had done that before the war, there wouldn't have been a war. I was shot at by enough abolitionists in Ohio when I was working as a slave catcher, despite the Fugitive Slave Act. Don't get me started...

Oh, wait, Gil Anderson is dead. :)

It seems like, in signing this, I have given up my right to have an opinion on the emancipation issue, unless it mirrors the Presidents or Congress' opinion.

But voicing my own opinion is my treasured American right.

In a quick look for any period commentary, I found the proclamation that the oath was attached to. The oath seems to be specifically for those "heretofore engaged in said rebellion to resume their allegiance to the United States," and was part of granting a pardon. Therefore, maybe it had to do with treason, and the difference between wartime vs. peacetime, as well as the difference between traitors and citizens.

Here's Lincoln's explanation for why he included support of the slave laws in the commentary he gave at the same time in December of 1863. He says, basically, that he doesn't want to go backward on the question of slavery, and "for these and other reasons it is thought best that support of these measures shall be included in the oath; and it is believed the Executive may lawfully claim it in return for pardon and restoration of forfeited rights, which he has clear constitutional power to withhold altogether, or grant upon the terms which he shall deem wisest for the public interest."

So it looks like it does hinge on the fact that the oath was designed for people considered to be traitors who had forfeited their rights and were seeking restoration of those rights through a pardon.

Hank Trent
hanktrent@gmail.com

[rebjeb04]

Re: Signing the oath.

Dang abolishonists! They sure are sound in their resolve to push the agenda ain't they. It is all about the Union, no matter what the costs or who's rights get trampped upon.

I know there were plenty of hill folks who remained loyal to the feds, but never agreed with or agin the slave issue. They had fathers who served with Andy Jackson and where proud patriots. With the War Between the States having been preceeded by the Rev. War, War of 1812, and Mexican War probably is what polarized more Southerners in the border states, and independent minded Midwesterners in supporting the Confederacy.

[FTrooper]

Re: Signing the oath.

What I do like about the oath, and guess I never really noticed before, was that if congress repeals any of those laws and/or the Supreme Court declares them unconstitutional, the signers of the oath are not bound to adhere to them. Basically you are not giving up free speech. You can still petition for congressional review of those laws or petition your representative to support a bill to repeal them, you just promised not to violate them. In other words, you are promising not to violate nor resist the legally passed laws and proclamations, its not any different than an immigrant applying for citizenship swearing to abide by the already existing laws of the U.S. Long story short, all I see in the "loyalty oath" is that you gave up U.S. Citizenship for four years and while you were gone they made some changes...you agree to obey those changes if you want back in.

Chris Fischer
F-Troop