[1258] The President and the Supreme Court now being powerless.
[1259] That is, blacks and such whites as were not “disfranchised for participation in the rebellion or for felony.”
[1260] July 11, 1868, the oath was modified for those whose disabilities had been removed by Congress; Feb. 15, 1871, those not disfranchised by the Fourteenth Amendment were allowed to take the modified oath of July 11, 1868, instead of the iron-clad oath. See MacDonald, “Select Statutes.” The Alabama representatives all took the “iron-clad” oath.
[1261] Text of the Act, McPherson, “Reconstruction,” pp. 191, 192; G. O. No. 2, 3d M. D., April 3, 1867. For criticism, Burgess, “Reconstruction,” pp. 112-122; Dunning, “Civil War and Reconstruction,” pp. 123, 126-135, 143.
[1262] G. O. Nos. 10 and 18, H. Q. A., March 11 and 15, 1867; McPherson, p. 200.
[1263] Report of Secretary of War, 1867, Vol. I, p. 321.
[1264] The oath was: “I, —— ——, do solemnly swear (or affirm), in the presence of Almighty God, that I am a citizen of the State of Alabama; that I have resided in said State for —— months, next preceding this day, and now reside in the county of —— in said State; that I am twenty-one years old; that I have not been disfranchised for participation in any rebellion or civil war against the United States, nor for felony committed against the laws of any State or of the United States; that I have never been a member of any State legislature, nor held any executive or judicial office in any State and afterward engaged in insurrection or rebellion against the United States or given aid and comfort to the enemies thereof; that I have never taken an oath as a member of Congress of the United States, as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States and afterwards engaged in insurrection or rebellion against the United States or given aid and comfort to the enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of my ability, encourage others to do so, so help me God!” McPherson, “Reconstruction,” pp. 192, 205; G. O. No. 5, 3d M. D., April 8, 1867.
[1265] McPherson, “Reconstruction,” pp. 192-194; Burgess, “Reconstruction,” pp. 129-135; Dunning, “Civil War and Reconstruction,” pp. 124, 125.
[1266] G. O. Nos. 1 and 2, 3d M. D., April 1 and 3, 1866; N. Y. Herald, April 6, 1867; Annual Cyclopædia (1867), p. 19; McPherson, pp. 201, 205; Report of Secretary of War, 1867, Vol. I, p. 322; Herbert, “Solid South,” p. 38.
[1267] G. O. No. 1, Dist. Ala., April 2, 1867; McPherson, p. 206.