Researching Ancestors: The Enemies Within?

Confederate States

4 Tips to Research Confederacy, Traitors, and the Denaturalized
The Confederacy were made up of eleven Southern States which formed the Confederate States of America (CSA).  After the Civil War, previously fellow American citizens, were labeled to be the "enemy from within" our borders. Or, mostly commonly called the Confederate States. They had seceded from the USA and were accused of being "traitors."  They had in-effect forfeited certain rights due to their rebellion against the Union. Treason is defined narrowly in the U.S. Constitution as "levying war" against the United States or "adhering to their enemies, giving them aid and comfort. From the Union’s perspective, the Confederacy’s secession and rebellion were treated as acts of treason.

However, after the Civil War, the southern states did not resist rejoining the Union for survival. One key step involved was for the Confederates to take an "Oath of Allegiance" to the United States, promising loyalty to the Union and the Constitution. This oath was part of the Reconstruction process, aimed at reintegrating former Confederates back into the country. 

So, Were Children of Traitors Americans?

Even though most ordinary Confederates were not barred from regaining citizenship and could take the Oath of Allegiance to be reintegrated into the Union, Confederate leaders who had held prominent military or political roles were initially barred from regaining citizenship. However, President Andrew Johnson offered amnesty through various proclamations from 1865 to 1867, allowing many former Confederates to take the loyalty oath and be "renaturalized" as U.S. citizens. In 1872, Congress passed the Amnesty Act, which restored citizenship to most former Confederates. 

However, Confederate military and political leaders were often excluded from amnesty.

Were They  Denaturalized?

During the Confederacy, the concept of "denaturalization" (the process of revoking a person’s citizenship) did not exist in a formalized way as it does today. However, the secession of Southern states and the establishment of the Confederate States of America created a unique situation regarding citizenship and loyalty, which raised questions about the legal status of individuals in the Confederacy.  

While the CSA didn’t officially denaturalize Union sympathizers, the CSA did treat anyone with Union loyalties as a potential enemy or traitor. People who expressed Unionist views or refused to swear allegiance to the Confederacy often faced persecution, imprisonment, or forced exile. Confederate states also enacted laws to punish or suppress Union sympathizers. However, the Confederacy didn’t or couldn't implement formal denaturalization as it wasn’t a fully recognized government.

The Union’s approach was more about controlling territory and loyalty than about denaturalizing citizens, as it did not recognize the Confederacy’s authority to "naturalize" its own citizens. This is not to say that the denaturalization practice never occcured in America. It has; and is still in place. 

Denaturalization is the process of revoking citenzenship from naturalized citizen. American born citizens are USA citizens by birth. This is different from the denaturalization process which applies only to those who acquire citizenship through naturalization. The denaturalization process in the US was actively practiced during periods like the Red Scare. Supposedly, it targeted people accused of disloyalty, communism, or other forms of subversion. 

Press of Atlantic City, Atlantic City, New Jersey, Sep 9, 1942

Case of Louisiana

Louisiana is just one of eleven states that made up the CSA:  South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, Texas, Virginia, Arkansas, Tennessee, and North Carolina. 

After the Civil War the Ironclad Oath, was passed by Congress in 1862. It became a requirement for
1) former Confederate states rejoining the Union and 2) for citizens seeking certain privileges, including the right to vote, hold office, or receive federal jobs to swear they had never voluntarily supported the Confederacy or engaged in activities against the Union. It remained in place until 1884. 

The purpose of the Ironclad Oath was to ensure loyalty to the Union and exclude former Confederates and sympathizers from political and public positions. Congress also required that the Southern states adopt new constitutions affirming loyalty to the Union and outlawing slavery.

Let's take a look at Louisana, but know that the others followed suit. Louisiana established their new state Constitution on 7 Mar 1868. The State of Louisiana was restored to the Union 9 Jul 1868.

Figure 1 Constitution of Louisiana, 7 March 1868[1]\

 

The Confederate military paroled soldiers, granting them safe passage and a promise not to fight again. Tennessee was the only former Confederate state exempt from the Ironclad Oath. Tennesse was readmitted to Union in 1866; before the 1867 Reconstruction Acts. But, the oath proposed by Congress was rejected by many of the traitor states. Instead, the states complied with the terms in order to be readmitted to the Union (i.e. like Louisiana). Researchers will want to trace ancestors with knowledge of the state:

• Tennessee: The only former Confederate state to be readmitted to the Union in 1866, before the Reconstruction Acts, Tennessee was exempt from the strict requirements of the Ironclad Oath.
• Arkansas and Louisiana: Initially attempted partial reconstruction efforts during the war, adopting revised constitutions under Union control, but still had to follow the Ironclad Oath requirements during post-war Reconstruction for full readmission.
• Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, and Texas: These states were each part of military districts set up by the Reconstruction Acts, which enforced the oath requirement for any participation in state constitutional conventions and government. Under pressure to end military occupation and re-enter the Union, they complied, though often reluctantly.
• Georgia: Initially readmitted in 1868, but when it expelled Black legislators and allowed former Confederates back into power, Congress re-imposed military rule, and Georgia had to enforce the oath again before final readmission in 1870.

But remember, your ancestor lost voting rights and other benefits. So as seen below in Louisiana many ancestors signed the Oath, as did Frank Stanga. “Oath to be taken by those who were never Disfranchised” was offered to those who never registered as an enemy of the United States, or did not serve as a leader of guerilla bands during the “late rebellion.” It worked in tandem with the new Louisiana Constitution.  And, Frank Stanga, of Covington, St. Tammany Parish, was an early signer of the Oath. Stanga recorded his State Oath 18 Oct 1868 which also restored his voting rights. Of course that was a Presidential election year; voting being held 3 Nov 1863.

Figure 2 Oath of Citizenship, 19 Oct 1868

The Amnesty Proclamation was signed by President Andrew Johnson 25 Dec 1868 (Christmas Day), granting a blanket pardon to most former Confederates, except for high-ranking officials.

4 Key Resources

Researchers may find these records in military record files on Ancestry.com and Fold3. Familysearch.org also has digitized military service records and pension records.

1. National Archives (NARA),

• RG94; includes Confederate records, paroles, and oaths taken by individuals after the war
• Civil War and Reconstruction Record
• Pardon and Amnesty Records

2. State Archives and Libraries

• The Virginia State Library and Archives holds collections of loyalty oaths taken in Virginia.
• The Texas State Library and Archives has a collection of Confederate pardons and oaths.
• Pardon and Amnesty Records

3.  County Courthouses and Local Archives. This is where the Frank Stanga Oath was loated.

4.  Library of Congress. Manuscript Division or Rare Books Division may contain oaths for certain states or regions.

Kathleen Brandt, a3Genealogy

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[1] Constitution adopted by the State Constitutional Convention of the state of Louisiana, March 7, 1868, https://babel.hathitrust.org/cgi/pt?id=loc.ark:/13960/t9w10bd3n&view=1up&seq=24