The Loyalty Oath during the Civil War

[Wild Bill]

The problem with proving loyalty was whether the enrolling officer, or acting assistant adjutant general as he was usually known, insisted on the oath of future loyalty or ironclad oath of always loyal. It was not unusual for one officer to administer the oath of future loyalty and for his superior to insist on the ironclad oath instead.

Andrew Johnson pulled such antics in Tennessee to void elections of Democrats, vacate the office, and appoint a Republican candidate of his own choice. This stunt was used throughout Reconstruction in all states, or military districts, or occupied territories, or conquered provinces (or whatever title was in vogue as politically correct during military occupation) to vacate public elections. Most Democrats could not in good faith submit the ironclad oath. So the candidate was required to submit the oath of future loyalty and then if elected, resubmit the ironclad oath. Once the office was vacated, the military district commander would appoint his losing Republican opponent to the job. Texas had over 430 such shenanigans effected in one special order in 1867 and again when Reconstruction had come to an end and before the army pulled out of civil affairs.

This could be used in granting contracts, getting paid for work done, or a multitude of contingencies.