A Loyalty Oath

[Patrick H]

We've all read about the Loyalty Oath. Until recently, I'd never actually seen one. There must still be thousands of them in archives and collections, but I expect we have many members like me who have never seen one. This photocopy was recently given to me by a local historian. The original is in the Joint Collection, University of Missouri Western Historical Manuscript Collection-Columbia and State Historical Society of Missouri Manuscripts. (This image is cited per their specifications.)

It's the loyalty oath of the directors and cashier of the Joseph L. Stephens Exchange Bank and Savings Association of Boonville, Missouri. Signatories are J. L. Stephens, R. Madison (or Nadison), C. W. Sombart, William Harley, J. M. Nelson, and H. Bunce.

Some of these surnames run deep in Cooper County, MO. The Stephens family was instrumental in the conversion of Thespian Hall into an opera house early in the 20th century. The town of Bunceton in the southern part of the county is named for Mr. Bunce's family. Boonville's Harley Park is named for Mr. Harley. The Nelsons were very influential for decades and lots of their descendants still live in the area.

An interesting detail of this oath is its date of signing: May 1, 1865. I would have thought these gents would have taken their oath at the outset of the war. Perhaps this is some sort of renewal document.

 

[John Winn]

Since you've not seen one before the one you posted, I've taken the liberty to attach a scan of that taken by my great great grandfather Daniel Hardy Silcox of Charleston, SC. You might have to increase the viewing size to 100% to read it easily but it is printed, not written out.

I've also attached a transcription of his petition letter to the President (transcribed because the original is very faint and hard to read). I've transcribed it as written, mistakes included. Hope they're of interest.

 

[AndyHall]

Silcox had to apply for a pardon due to his assets, yes?

 

[Patrick H]

Thanks, John. Interesting to see the variations. Do you guys find the dates to be odd on these? They are both May of 1865.

 

[John Winn]

Silcox had to apply for a pardon due to his assets, yes?

Yes. If you look closely his amnesty oath document says he qualifies except for the "thirteenth" exception; that's the one about being worth more than $20,000. I don't know what he was worth but it was a lot. He owned three houses and his furniture store building (his imports store in Columbia burned in the big fire), shares in a hotel in Norfolk, and a plantation west of Charleston.

 

[leftyhunter]

We've all read about the Loyalty Oath. Until recently, I'd never actually seen one. There must still be thousands of them in archives and collections, but I expect we have many members like me who have never seen one. This photocopy was recently given to me by a local historian. The original is in the Joint Collection, University of Missouri Western Historical Manuscript Collection-Columbia and State Historical Society of Missouri Manuscripts. (This image is cited per their specifications.)

It's the loyalty oath of the directors and cashier of the Joseph L. Stephens Exchange Bank and Savings Association of Boonville, Missouri. Signatories are J. L. Stephens, R. Madison (or Nadison), C. W. Sombart, William Harley, J. M. Nelson, and H. Bunce.

Some of these surnames run deep in Cooper County, MO. The Stephens family was instrumental in the conversion of Thespian Hall into an opera house early in the 20th century. The town of Bunceton in the southern part of the county is named for Mr. Bunce's family. Boonville's Harley Park is named for Mr. Harley. The Nelsons were very influential for decades and lots of their descendants still live in the area.

An interesting detail of this oath is its date of signing: May 1, 1865. I would have thought these gents would have taken their oath at the outset of the war. Perhaps this is some sort of renewal document.

View attachment 54682

In the book "Civil War in Missouri 1862" by Bruce Nickols Mcfarland Publishing Nickols details examples of men caught bearing arms for the Confederacy who had previously signed loyalty oaths. Not surprisingly Union troops where not amused and often had them exit this veil of tears.
Leftyhunter

 

[TheSecretSix]

Since you've not seen one before the one you posted, I've taken the liberty to attach a scan of that taken by my great great grandfather Daniel Hardy Silcox of Charleston, SC. You might have to increase the viewing size to 100% to read it easily but it is printed, not written out.

I've also attached a transcription of his petition letter to the President (transcribed because the original is very faint and hard to read). I've transcribed it as written, mistakes included. Hope they're of interest.

This is interesting. Thanks. Perhaps I missed it but was President Johnson able to help him gain his "amnesty," or perhaps even get him some of his losses recuperated? I understand that a number of loyalists were also able to regain the losses from their slave property during the war (in sort of a latter-day Jay Treaty-esque arrangement, even though John Jay actually betrayed the South in their lost slave property to the British during that fiasco).

As to an amnesty, I would have thought a full exoneration would have been the plea to Johnson, seeing how he did not ever do anything for the South. As Jefferson Davis said, "I cannot ask for pardon for what I do not consider a crime."

Fascinating stuff. Thanks, again!

 

[John Winn]

This is interesting. Thanks. Perhaps I missed it but was President Johnson able to help him gain his "amnesty," or perhaps even get him some of his losses recuperated? I understand that a number of loyalists were also able to regain the losses from their slave property during the war (in sort of a latter-day Jay Treaty-esque arrangement, even though John Jay actually betrayed the South in their lost slave property to the British during that fiasco).

As to an amnesty, I would have thought a full exoneration would have been the plea to Johnson, seeing how he did not ever do anything for the South. As Jefferson Davis said, "I cannot ask for pardon for what I do not consider a crime."

Fascinating stuff. Thanks, again!

For certain persons in the old Confederacy a presidential pardon - i.e. amnesty - was required to restore civil rights (e.g. to vote) and to give immunity for any possible prosecution. These required a signed oath of allegiance and there were seven exceptions. At first Johnson only got a few of these but seemingly signed them all - i.e. even for those in the excepted categories - and pretty soon his office was flooded with them. Apparently he continued to be pretty loose about signing them and then eventually he granted everybody a pardon. These had nothing to do with compensation for property, only with restoring full citizenship rights and gaining immunity.

As for grandpa, he was a bit disingenuous as he made his living during the war importing goods through the blockade (although not military goods it seems) and he did sell furniture and some hardware type items to the Confederate government. Also three of his sons served the CSA (and one died in Petersburg). So he was a tad more than just "sympathetic" to the Confederacy. BTW, the guy who signed his petition was the governor of SC.

 

[leftyhunter]

This is interesting. Thanks. Perhaps I missed it but was President Johnson able to help him gain his "amnesty," or perhaps even get him some of his losses recuperated? I understand that a number of loyalists were also able to regain the losses from their slave property during the war (in sort of a latter-day Jay Treaty-esque arrangement, even though John Jay actually betrayed the South in their lost slave property to the British during that fiasco).

As to an amnesty, I would have thought a full exoneration would have been the plea to Johnson, seeing how he did not ever do anything for the South. As Jefferson Davis said, "I cannot ask for pardon for what I do not consider a crime."

Fascinating stuff. Thanks, again!

There was no compensation to any one who owned slaves. There was a Southern Claims Commission but they reimbursed only those who where loyal to the Union for a loss incurred during the CW excluding foraging by Union forces. The book "Loyalty and Loss Alabama"s Unionists in the Civil War" by Margret Storey go's into great detail about the commission. A claimant almost always needed a lawyer and was lucky to get 70 cents on the dollar.
Leftyhunter

 

[TerryB]

A friend of mine tells a story about a Confederate ancestor of his who had to take a loyalty oath at almost every place he stopped when returning home from a POW camp at the end of the war. The man liked to quip, "I was the most oathed upon man in the Confederacy."

 

[leftyhunter]

We've all read about the Loyalty Oath. Until recently, I'd never actually seen one. There must still be thousands of them in archives and collections, but I expect we have many members like me who have never seen one. This photocopy was recently given to me by a local historian. The original is in the Joint Collection, University of Missouri Western Historical Manuscript Collection-Columbia and State Historical Society of Missouri Manuscripts. (This image is cited per their specifications.)

It's the loyalty oath of the directors and cashier of the Joseph L. Stephens Exchange Bank and Savings Association of Boonville, Missouri. Signatories are J. L. Stephens, R. Madison (or Nadison), C. W. Sombart, William Harley, J. M. Nelson, and H. Bunce.

Some of these surnames run deep in Cooper County, MO. The Stephens family was instrumental in the conversion of Thespian Hall into an opera house early in the 20th century. The town of Bunceton in the southern part of the county is named for Mr. Bunce's family. Boonville's Harley Park is named for Mr. Harley. The Nelsons were very influential for decades and lots of their descendants still live in the area.

An interesting detail of this oath is its date of signing: May 1, 1865. I would have thought these gents would have taken their oath at the outset of the war. Perhaps this is some sort of renewal document.

View attachment 54682

Another example of men who took loyalty oaths was the"Paw-Paw" militia of Mo. In certain areas returned (most likely CSA deserters) that returned to Mo during the CW took loyalty oaths and joined the EMM. These same men turned a blind eye to CSA guerrillas. During Prices invasion of 1864 many of them fought alongside Prices men. If then caught by the Union forces and many where not a good day for them.
Leftyhunter

 

[Allie]

If y'all will forgive me talking up another site, one of the things I like about fold3 is being able to see original documents such as loyalty oaths.

I've run into two instances I found interesting: John Overton jr, of Nashville, who was the examining officer at the last muster of my ancestor's company in the 7th Tenn Cav. Overton was one of the wealthiest men in Tennessee, his house was used as Confederate headquarters at the battle of Nashville, and he reportedly paid to equip several companies. So it's not surprising he had trouble receiving amnesty. Eventually the editor of the newspaper, who was a prominent supporter of Johnson, wrote Johnson personally to speed things up. There's a slight tinge of "don't make me stop supporting you," in the letter.

The other is RS Bransford, one of Forrest's Scouts. He was arrested while scouting, lied and said he was a deserter, took the oath and went back to his unit on three separate occasions. On the last occasion, there's a lengthy, verbose, handwritten brief in his defense by abolitionist lawyer William Hall, who also wrote a biography of Thaddeus Stevens. If you can get through his handwriting, Hall argues that since this nation presumes innocence, they have to believe whatever Bransford says in his own defense, and since self-incrimination isn't allowed, if what he says seems to incriminate him, you have to throw it out. It's a really bizarre document.

 

[16thVA]

Here is an example of the Restored Government of Virginia's oath. You were required to take an oath not just to the Federal government but also to the Restored Government, a qualification that stuck in the craw of many Unionists. One of the more prominent Unionists who refused the oath was Judge George Thompson of Wheeling. His complaints about the Restored Government reached northern papers like the New York Times and Pierpont decided to make an example of the judge and had him arrested numerous times between 1861 and 1863, putting him in Camp Chase in 1861 and Wheeling's Atheneum prison in 1863. The judge got a little of his own back and with influential friends had Gov. Pierpont arrested in Ohio when he ventured there on a charge of false imprisonment.

https://sites.google.com/site/wvotherhistory/pierpont-s-bastille-the-trials-of-judge-thompson

Here is the text from the NY Times July 10, 1861 about Judge Thompson's complaints.

BITTER.

Judge GEO. W. THOMPSON, of Wheeling, has written a bitter protest against the movement recently inaugurated in Western Virginia. He denounces the "present usurped and tyrannical despotism in Western. Virginia;" declares his belief "that an agent of the Wall-street Virginia bondholders was, during the sittings of the Convention, in Wheeling, promoting the scheme for reorganization of the State, with the countenance and support of the Administration, whose confidential communications he bore, and who, upon his arrest in Western Virginia, was discharged on the order of a high functionary at Washington."

In conclusion, referring to the administration of the oath of loyalty, he says:

"I refuse to touch the taint and grime of this oath, also, because the oligarchy at Wheeling is, in the main, composed of the drippings and leavings of the old party, to whose very heart the offices of the Republic had become a corrupt, a degrading and a constant desire in their life pursuit of them through all forms of party and all changes of name, and all bargains and corruptions in the combinations of disappointed and greedy place-hunters to that last act of infamy and disloyalty to integrity and worth, the trade and sale of body and soul to abolitionism, and the instauration [?] of negro equality on the soil of Virginia. That this is so, and that the usurped, lawless and unconstitutional rule at Wheeling was the suggestion of Northern venality, Northern fanaticism, Northern policy and Northern avarice, I verily believe and for the reasons given, and for others; the argument upon which it is based is the fallacious and inconsequential production of the Major Dalgetty, of Massachusetts politics, the man who has ever had an argument and a coat for that Presidential candidate who was most likely to succeed.

Because the money of the North has been tendered to these men and the Minnie muskets of Massachusetts have been received at Wheeling.

Because I know that the plan suggested by HOADLY. of Massachusetts, indorsed by SUMNER, of the Senate, and placed in the hands of Postmaster-General BLAIR, was forwarded to Wheeling to a well-known agent of the Government, and has constituted the staple of the argument on which these most wrongful proceedings have been instituted and consummated, in the violation of constitutions, in the overthrow of well-settled forms proceeding, and in the initiation of despotic powers.

These things, men of Western Virginia, may, perhaps, have your present concurrence; but believe one who has fifty-five years of practical experience and knowledge of the human heart and human affairs, and pause while I tell you that there is a fearful day in the future unless you get back to ancient forms of proceeding, and to the love of that order which grows out of obedience to law, and to that obedience which is an enlightened regard for private conscience and public interests, based, as Mr. VAN WINKLE says, on the constitutional integers of society."

This is an excellent book for anyone interested in the subject-

John M. Davis & George B. Trimmel
"Parole, Pardon, Pass and Amnesty Documents of the Civil War: An Illustrated History"

 

[TheSecretSix]

There was no compensation to any one who owned slaves. There was a Southern Claims Commission but they reimbursed only those who where loyal to the Union for a loss incurred during the CW excluding foraging by Union forces. The book "Loyalty and Loss Alabama"s Unionists in the Civil War" by Margret Storey go's into great detail about the commission. A claimant almost always needed a lawyer and was lucky to get 70 cents on the dollar.
Leftyhunter

It was probably a good idea to get sell off one's slaves long before the war... and to get out of the business, entirely... but surely, the South should have learned from the shafting they got from the "Hamilton-written" Jay Treaty; how abolitionist sentiments had been cheating Southerners out of slave money since 1794. It was their own fault for believing that a living, breathing 'Implied' Constitution made of wax could be relied upon to protect their investments.

 

[leftyhunter]

It was probably a good idea to get sell off one's slaves long before the war... and to get out of the business, entirely... but surely, the South should have learned from the shafting they got from the "Hamilton-written" Jay Treaty; how abolitionist sentiments had been cheating Southerners out of slave money since 1794. It was their own fault for believing that a living, breathing 'Implied' Constitution made of wax could be relied upon to protect their investments.

I have no idea what your referring to regarding abolitionists cheating slave owners out of their money since 1794. Plenty of slave owners made good money fro 1794 to 1861 so I don't get your point. Has stated before slavery was legal until the EP made it illegal in areas under CSA control.
Leftyhunter

 

[leftyhunter]

It was probably a good idea to get sell off one's slaves long before the war... and to get out of the business, entirely... but surely, the South should have learned from the shafting they got from the "Hamilton-written" Jay Treaty; how abolitionist sentiments had been cheating Southerners out of slave money since 1794. It was their own fault for believing that a living, breathing 'Implied' Constitution made of wax could be relied upon to protect their investments.

To be fair to Patrick H we should just discus the loyalty oath. Slavery has been debated to death on countless other threads.
Leftyhunter

 

[Pat Young]

We've all read about the Loyalty Oath. Until recently, I'd never actually seen one. There must still be thousands of them in archives and collections, but I expect we have many members like me who have never seen one. This photocopy was recently given to me by a local historian. The original is in the Joint Collection, University of Missouri Western Historical Manuscript Collection-Columbia and State Historical Society of Missouri Manuscripts. (This image is cited per their specifications.)

It's the loyalty oath of the directors and cashier of the Joseph L. Stephens Exchange Bank and Savings Association of Boonville, Missouri. Signatories are J. L. Stephens, R. Madison (or Nadison), C. W. Sombart, William Harley, J. M. Nelson, and H. Bunce.

Some of these surnames run deep in Cooper County, MO. The Stephens family was instrumental in the conversion of Thespian Hall into an opera house early in the 20th century. The town of Bunceton in the southern part of the county is named for Mr. Bunce's family. Boonville's Harley Park is named for Mr. Harley. The Nelsons were very influential for decades and lots of their descendants still live in the area.

An interesting detail of this oath is its date of signing: May 1, 1865. I would have thought these gents would have taken their oath at the outset of the war. Perhaps this is some sort of renewal document.

View attachment 54682

Thanks for posting this

 

[Copperhead-mi]

There was no compensation to any one who owned slaves. There was a Southern Claims Commission but they reimbursed only those who where loyal to the Union for a loss incurred during the CW excluding foraging by Union forces. The book "Loyalty and Loss Alabama"s Unionists in the Civil War" by Margret Storey go's into great detail about the commission. A claimant almost always needed a lawyer and was lucky to get 70 cents on the dollar.
Leftyhunter

On February 27, 1902, Congress passed a Confederate Horse Claims Act which expanded the damage claims coverage to ex-Confederates who had been paroled and lost personal horses, side arms, and baggage to Federal forces after the surrender at Appomattox. A total of $365,000. was eventually appropriated to cover the losses.

 

[leftyhunter]

On February 27, 1902, Congress passed a Confederate Horse Claims Act which expanded the damage claims coverage to ex-Confederates who had been paroled and lost personal horses, side arms, and baggage to Federal forces after the surrender at Appomattox. A total of $365,000. was eventually appropriated to cover the losses.

I did not know that. Of course by 1902 there where a whole lot less CSA vets then 1865.
Leftyhunter

 

[rosefiend]

Patrick, I thought of the women in Mary Carroll's story that you directed me to (and many thanks for showing me this story, by the way). If I didn't get my dates mixed up, this is in the summer of 1863 in Pilot Grove, Missouri. Mary, a girl on the Confederate side, is at this time fashioning an iron key to break her brother out of jail.

"About this time the federal authorities issued another order that all of the women of Cooper County take the oath of allegiance to the federal government. My mother, sister, and myself all went to the office of Col. Catherwood to take the oath. Before I would take this oath, I asked him if anything I might do to assist my imprisoned brother would be considered a violation of that oath. He said, "No." We took the oath. Mother and sister returned home and I returned to my work on the key."

She didn't mention why the federal gov't had them take the oath at that particular time, but anyway that's the story.