Post war test oath

[archieclement]

Since postwar discussion has been popular recently, here's the test oath for my county that was required to register to vote......this be part of the Drake constitution eventually overturned as unconstitutional

You do solemnly swear in the presence of God and these witnesses that you will truly and faithfully answer such questions as may now be asked of you, and that you will the truth, the whole truth and nothing but the truth. So help you God

1. what is your name
2. where do you reside
3. what is your age
4. where were you born
5. how long have you resided in MO
6. how long have you resided in this county
7. how long have you resided in this election district
8. are you well acquainted with the terms of the 3rd section of the 2nd article of the constitution of the state of MO
9.Will you now recite the general requirements of that section
10. have you, during the late rebellion, been truly and on the side of the government of the United States and against all its enemies
11.With whom did you sympathize during the late rebellion
12.How did you manifest your loyalty during the rebellion
13.what acts of loyalty did you do during the war
14. how did you oppose enemies of the government
15. whom did you consider enemies of the government of the United States
16. Did you ever belong to any secret organizations during the war
17. what were the names of such organizations
18. what was the object or design of such organizations
19. did you ever at any time during the rebellion leave the state, if so for what cause
20.when did you leave and return
21.did you during rebellion ever write or send letters to any person serving in the rebel armies
22. did you during the rebellion ever receive letter from any such persons
23.did you at any time during the rebellion feed or lodge or harbor any person or persons then engaged in armed hostility to the United States Government, either in rebel service or what was commonly called "bushwhacking"
24.Did you furnish a horse, saddle, bridle, blanket, gun, pistol, powder, shot, or other ammunition or clothing or any of these article's to any person who entered rebel service or was engaged in "bushwhacking"
25.were you yourself ever in rebel service or engaged in bushwhacking
26. did you ever send or give any information of any kind to persons who were in rebel service or engaged in bushwhacking, if so what kind of information
27.in the election held in Marion County on april 30th 1861, to fill a vacancy in the general assembly for whom did you vote for Thos L Anderson, the advocate then for immediate secession, or for H S Lipscomb
28. were you at any time during the rebellion arrested by the military authorities of the US, if so state for what reason, when, and how long held under arrest
29.had you a son, brother, or other near relative in the rebel service or engaged in bushwhacking. If so state his name, position he held, and his present whereabouts'
30. was such a son,brother,relative advised or urged by you to go to rebel or bushwhacking service
31.did you help outfit such son, brother, relative by furnishing money,horse,bridle,saddle,blanket,clothing,or anything else
32.did you, while such person was in rebel service send him any money, clothing, food or other article's
33.did you at any time during the rebellion become security upon the bond of another person who had been arrested and released on oath and bond, if so state for whom
34.did you at any time during the rebellion advise, counsel, or urge any person whomsoever to enter rebel service or engage in bushwhacking
35 What were your feelings upon hearing of the Federal defeat at bull run in july 1861
36. What were your feelings when you heard of the capture od Gen Mulligan and his army at Lexington MO by General Sterling Price
37.Were you at any time assessed by the military authorities to help rebuild bridges burnt by rebels? or were you assessed for any other purpose? and if so did you pay
38.in 1862, in the enrollment made by order of the military authorities, were you enrolled as loyal or disloyal
39.Do you consider the constitution of this state commonly known as the new constitution to be valid and binding upon the people of Missouri until declared void by proper judicial tribunals
40.do you believe in the oath of loyalty which you are required to take to be registered to be valid and binding upon you
41. do believe to take the oath falsely involves perjury
42. do you believe in taking the oath of loyalty you make a statement of facts while calling og God to bear witness to the truth or falsity of such statements
43.in taking the oath of loyalty do you do it without mental reservation or evasion
44. do you believe a mental reservation or that any human law or any human decision or tribunal can absolve you from your responsibility to God if in taking the oath of loyalty you state that which is not true
45.Are you now willing to take the oath of loyalty



No matter what the answers were to the foregoing questions, the applicant was liable to rejected at the will of the registers. His answers were chiefly for putting him on record. Many people never applied to be registered....history of marion county

I would have answered a bunch of them "Nunya **** business" on principle...…..

 

[SWMODave]

Archie - The 1865 Constitution spelled out the wording of the oath to be given - and to the section they were acknowledging

Sec. 6 The oath to be taken as aforesaid shall be known as the Oath of Loyalty, and shall be in the following terms:
I, A. B., do solemnly swear, that I am well acquainted with the terms of the third section of the second Article of the Constitution of the State of Missouri, adopted in the year eighteen hundred and sixty-five, and have carefully considered the same; that I have never, directly or indirectly, done any of the acts in said section specified; that I have always been truly and loyally on the side of the United States against all enemies thereof, foreign and domestic; that I will bear true faith and allegiance to the United States, and will support the Constitution and laws thereof, as the supreme law of the land, any law or ordinance of any State to the contrary notwithstanding; that I will, to the best of my ability, protect and defend the Union of the United States, and not allow the same to be broken up and dissolved, or the Government thereof to be destroyed or overthrown, under any circumstances, if in my power to prevent it; that I will support the Constitution of the State of Missouri; and that I make this oath without any mental reservation or evasion, and hold it to be binding on me.

Section 3 states
Sec 3. At any election held by the people under this Constitution, or in pursuance of any law of this State, or under any ordinance or by-law of any municipal corporation, no person shall be deemed a qualified voter, who has ever been in armed hostility to the United States, or to the lawful authorities thereof, or to the Government of this State; or has ever given aid, comfort, countenance, or support to persons engaged in any such hostility; or has ever, in any manner, adhered to the enemies, foreign or domestic, of the United States, either by contributing to them, or by unlawfully sending within their lines, money, goods, letters or information; or has ever disloyally held communication with such enemies; or has ever advised or aided any person to enter the service of such enemies; or has ever, by act or word, manifested his adherence to the cause of such enemies, or his desire for their triumph over the arms of the United States, or his sympathy with those engaged in exciting or carrying on rebellion against the United States; or has ever, except under overpowering compulsion, submitted to the authority, or been in the service, of the so-called "Confederate States of America"; or has left this State, and gone within the lines of the armies of the so-called "Confederate States of America," with the purpose of adhering to said States or armies; or has ever been a member of, or connected with, any order, society, or organization, inimical to the Government of the United States, or to the Government of this State; or has ever been engaged in guerrilla warfare against loyal inhabitants of the United States, or in that description of marauding commonly known as "bushwhacking;" or has ever knowingly and willingly harbored, aided, or countenanced, any person so engaged; or has ever come into or left this State for the purpose of avoiding enrollment for or draft into the military service of the United States; or has ever, with a view to avoid enrollment in the militia of this State, or to escape the performance of duty therein, or for any other purpose, enrolled himself, or authorized himself to be enrolled, by or before any officer, as disloyal, or as a Southern sympathizer, or in any other terms indicating his disaffection to the Government of the United States in its contest with rebellion, or his sympathy with those engaged in such rebellion; or, having ever voted at any election by the people in this State, or in any other of the United States, or in any of their Territories, or held office in this State, or in any other of the United States, or in any of their Territories, or under the United States, shall thereafter have sought or received, under claim of alienage, the protection of any foreign government, through any consul or other officer thereof, in order to secure exemption from military duty in the militia of this State, or in the army of the United States; nor shall any such person be capable of holding, in this State, any office of honor, trust, or profit, under its authority; or of being an officer, councilman, director, trustee, or other manager of any corporation, public or private, now existing or hereafter established by its authority; or of acting as a professor or teacher in any educational institution, or in any common or other school; or of holding any real estate, or other property, in trust for the use of any church, religious society, or congregation. But the foregoing provisions in relation to acts done against the United States shall not apply to any person not a citizen thereof, who shall have committed such acts, been naturalized, or may hereafter be naturalized, under the laws of the United States, and who has, since such acts, been naturalized, or may hereafter be naturalized, under the laws of the United States; and the oath of loyalty hereinafter prescribed, when taken by such person, shall be considered as taken in such sense.

Source - 1865 Missouri Constitution

When was this section ruled unconstitutional? In the Blair case (Blair vs Ridgely 41 MO 63) , the Missouri Supreme Court upheld the law as constitutional, and the US Supreme Court was evenly split, letting it stand. It died naturally when the 1870 Constitution became official.

 

[archieclement]

Wanting to say 1867, it was ruled unconstitutional to ban professions by political affiliation which it also did.....one also couldn't teach, preach, hold office, practice law or medicine. Just got in from brush hogging so going to take bath, will check later.

What's funny is 39 seems to almost acknowledge it wouldn't stand.

 

[Copperhead-mi]

Wanting to say 1867, it was ruled unconstitutional to ban professions by political affiliation which it also did.....one also couldn't teach, preach, hold office, practice law or medicine. Just got in from brush hogging so going to take bath, will check later.

What's funny is 39 seems to almost acknowledge it wouldn't stand.

You are correct. In 1867, the U.S. Supreme Court narrowly ruled in Cummings v. Missouri and Ex parte Garland that these oaths were unconstitutional when used to prevent a person from engaging in their occupation because they were in effect, a bill of attainder and an ex post facto law by imposing a punishment on a person without the benefit of judicial review or when "they impose additional punishment to that prescribed when the act was committed."

 

[SWMODave]

You are correct. In 1867, the U.S. Supreme Court narrowly ruled in Cummings v. Missouri and Ex parte Garland that these oaths were unconstitutional when used to prevent a person from engaging in their occupation because they were in effect, a bill of attainder and an ex post facto law by imposing a punishment on a person without the benefit of judicial review or when "they impose additional punishment to that prescribed when the act was committed."

Thank you. Checking the case you mentioned I found this NPS owned loyalty oath book used until 1871, so apparently Missouri didn't jump thru hoops putting an end to the unconstitutional act until the 1870 Constitution came into effect
Loyalty oath book 1868-1871

 

[archieclement]

You are correct. In 1867, the U.S. Supreme Court narrowly ruled in Cummings v. Missouri and Ex parte Garland that these oaths were unconstitutional when used to prevent a person from engaging in their occupation because they were in effect, a bill of attainder and an ex post facto law by imposing a punishment on a person without the benefit of judicial review or when "they impose additional punishment to that prescribed when the act was committed."

correct odd his section 3 doesn't include it but it stated

"nor shall any such person be capable of holding in this state any office of honor, trust, profit under its authority, or of being any officer, councilman, director, trustee, or other manager of any corporation, public or private, now existing, or hereafter established by its authority or of acting as a professor or teacher in any educational institution, or in any common or other school, or of holding any real estate or any property in trust for use of a church, religious society, or congregation."

section 9 prohibits practicing law and religion again

section 11 prohibited serving on juries, so they couldn't even have a jury of their peers

Don't remember what section prohibited medicine

What's funny in starting in 1872 when everyone could vote freely again, even with the addition of the black vote, republicans could only muster about 1/3 of the vote in my county.. They had managed to take a county that had voted overwhelming to stay in the union, and turn it against them with their mismanagement and heavy handed tactics.

 

[Booner]

Thanks for posting this.
It's really pretty ugly.

 

[Pat Young]

The case Cummings v. Missouri can be found here.

https://supreme.justia.com/cases/federal/us/71/277/case.html

 

[JPK Huson 1863]

Ah. So that's where they got it. Just had to replace son's lost ID. This looks awfully familiar, only the short version.

 

[archieclement]

In my county they even arrested 3 catholic nuns for teaching without taking the oath...…..nuns are notorious threats apparently. I had a distant family member arrested for preaching, he never took up arms or seems to have done any overt acts or support for the south, I would assume he probably did sympathize somewhat with the south as he came here from KY

Blair fought it largely on principle it was wrong, however he even as a Major General of the Union Army couldn't have passed it