Ironclad oath
Encyclopedia
The Ironclad Oath was a key factor in the removing of ex-Confederates
from the political arena during the Reconstruction of the United States
in the 1860s. To take the Ironclad Oath, a person had to swear he had never borne arms against the Union or supported the Confederacy — that is, he had "never voluntarily borne arms against the United States," had "voluntarily" given "no aid, countenance, counsel or encouragement" to persons in rebellion and had exercised or attempted to exercise the functions of no office under the Confederacy. Its unpopularity among ex-Confederates led them to nickname the oath "The Damnesty Oath."
Congress originally devised the oath in July 1862 for all federal employees, lawyers and federal elected officials. It was applied to Southern voters in the Wade-Davis Bill of 1864, which President Abraham Lincoln
pocket veto
ed. President Andrew Johnson
also opposed it. Both Johnson and Lincoln wanted Southerners instead to swear to an oath that in the future they would support the Union. Lincoln's amnesty oath was integral to his ten percent plan
, for reconstruction.
In 1867 the United States Supreme Court
held that the federal ironclad oath for attorneys and the similar Missouri state oath for teachers and other professionals were unconstitutional, because they violated the constitutional prohibitions against bills of attainder
and ex post facto law
s. Cummings v. Missouri, 4 Wall. 277 (1867); Ex parte Garland, 4 Wall. 333 (1867).
In March 1867 Radical Republicans prohibited anyone from voting in the election of delegates to state constitutional conventions or in the subsequent ratification who was prohibited from holding office under section 3 of the pending Fourteenth Amendment
. Those exclusions were less inclusive than the requirements of the Iron-Clad Oath. These exclusions did apply to any subsequent elections within the state. Voting restrictions on former Confederates voting during the rest of Reconstruction varied state by state. Very few were disenfranchised in Georgia, Texas, Florida, North Carolina and South Carolina. Alabama and Arkansas banned only those ineligible to hold office under the Fourteenth Amendment. Louisiana banned those editors and ministers who had supported secession or anybody who had voted for the secession ordinance, but allowed them to vote if they took an oath favoring Radical Reconstruction, a much more lenient avowal than required by the Ironclad Oath. In states where there was disenfranchisement the maximum percentage was 10-20% of otherwise eligible white voters with most states having considerably smaller percentages.
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
from the political arena during the Reconstruction of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in the 1860s. To take the Ironclad Oath, a person had to swear he had never borne arms against the Union or supported the Confederacy — that is, he had "never voluntarily borne arms against the United States," had "voluntarily" given "no aid, countenance, counsel or encouragement" to persons in rebellion and had exercised or attempted to exercise the functions of no office under the Confederacy. Its unpopularity among ex-Confederates led them to nickname the oath "The Damnesty Oath."
Congress originally devised the oath in July 1862 for all federal employees, lawyers and federal elected officials. It was applied to Southern voters in the Wade-Davis Bill of 1864, which President Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
pocket veto
Pocket veto
A pocket veto is a legislative maneuver in United States federal lawmaking that allows the President to veto a bill indirectly.The U.S. Constitution limits the President's period for decision on whether to sign or veto any legislation to ten days while the United States Congress is in session...
ed. President Andrew Johnson
Andrew Johnson
Andrew Johnson was the 17th President of the United States . As Vice-President of the United States in 1865, he succeeded Abraham Lincoln following the latter's assassination. Johnson then presided over the initial and contentious Reconstruction era of the United States following the American...
also opposed it. Both Johnson and Lincoln wanted Southerners instead to swear to an oath that in the future they would support the Union. Lincoln's amnesty oath was integral to his ten percent plan
Ten percent plan
During the American Civil War in December 1863, Abraham Lincoln offered a model for reinstatement of Southern states called the 10 percent Reconstruction plan. It decreed that a state could be reintegrated into the Union when 10% of the 1860 vote count from that state had taken an oath of...
, for reconstruction.
In 1867 the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that the federal ironclad oath for attorneys and the similar Missouri state oath for teachers and other professionals were unconstitutional, because they violated the constitutional prohibitions against bills of attainder
Bill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
and ex post facto law
Ex post facto law
An ex post facto law or retroactive law is a law that retroactively changes the legal consequences of actions committed or relationships that existed prior to the enactment of the law...
s. Cummings v. Missouri, 4 Wall. 277 (1867); Ex parte Garland, 4 Wall. 333 (1867).
In March 1867 Radical Republicans prohibited anyone from voting in the election of delegates to state constitutional conventions or in the subsequent ratification who was prohibited from holding office under section 3 of the pending Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. Those exclusions were less inclusive than the requirements of the Iron-Clad Oath. These exclusions did apply to any subsequent elections within the state. Voting restrictions on former Confederates voting during the rest of Reconstruction varied state by state. Very few were disenfranchised in Georgia, Texas, Florida, North Carolina and South Carolina. Alabama and Arkansas banned only those ineligible to hold office under the Fourteenth Amendment. Louisiana banned those editors and ministers who had supported secession or anybody who had voted for the secession ordinance, but allowed them to vote if they took an oath favoring Radical Reconstruction, a much more lenient avowal than required by the Ironclad Oath. In states where there was disenfranchisement the maximum percentage was 10-20% of otherwise eligible white voters with most states having considerably smaller percentages.
External links
- Article in the Catholic EncyclopediaCatholic EncyclopediaThe Catholic Encyclopedia, also referred to as the Old Catholic Encyclopedia and the Original Catholic Encyclopedia, is an English-language encyclopedia published in the United States. The first volume appeared in March 1907 and the last three volumes appeared in 1912, followed by a master index...