The Southwestern Historical Quarterly, Volume 38, July 1934 - April, 1935 Page: 49
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Radical Disfranchisement in Texas, 1867-70
proposal to Schofield, Secretary of War, who sent it to the House.
Canby later wrote that in thirty counties there was no civil or-
ganization in touch with the State government, in others no
government at all, and in others the local functionaries refused
to recognize the State oficials.38 Congress answered by passing
a law, on February 6, 1869, requiring all officials in the still un-
reconstructed States to take the iron-clad oath or to resign.
Canby put this into force by General Orders 60, on March 29,
which merely made matters worse. Reynolds, who succeeded
Canby, asked (by General Orders 74 on April 12, 1869) all post
commanders to send in names of persons who could qualify, since
those who could not take the required oath must leave on April
25.89 At once there was much confusion as persons who were
holding office tried to get around the order, and as others pes-
tered the registrars with inquiries about their positions.40 Finally
it was found to necessary to use blacks. Citizens of Waco having
asked for officials in their county, Reynolds ordered the com-
mandant to "use every endeavor to have the Offices filled. If you
cannot find suitable White persons to nominate see if you can
find them among colored persons (Freedmen)."141 The com-
mander at Jefferson reported that he could not find eligible men
to fill vacancies in Bowie county, and so Captain Morse,
Secretary of Civil Affairs, ordered him to use surplus officers
from the consolidation of regiments.42
"Canby to Rawlins, February 4, 1869, in House Ex. Doc. 97 (40 Cong.
"These orders in "General Orders" 1869, Vol. 42 of Fifth District
"OSee "Letters Sent," Vol. III, of the Fifth District series, for numer-
ous examples. In Vol. I for 1869, p. 552, Canby orders a disqualified
county clerk to vacate; then a justice of the peace and a county at-
torney (p. 558). An office-holder is not permitted to strike out part
of the oath; he must take it all or vacate (Vol. II for 1869, p. 26).
A man who cannot take the oath may not hold a justiceship of the
peace or a postmastership (ibid., p. 84). A deputy county clerk may
not be appointed to do the work of a disfranchised clerk-"See Pas-
chal's Digest, Art. 1242" (ibid., p. 102). New revenue officials are ap-
pointed because incumbents cannot take the oath ibidd., p. 111). See
also ibid., pp. 178-9, 214; and General Orders 87, of May 10, 1869, in
General Orders for 1869 (Vol. 4, p. 264).
4Letters Sent," Vol. 2 of 1869, p. 264, Vol. 4 of Fifth District series.
"Letters Sent, Civil Bureau F. M. D. Vol. II," Vol. 54, p. 32 of the
Records of the Fifth Military District. This volume is full of appoint-
ments, resignations and removals which were consequent upon the test-
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 38, July 1934 - April, 1935, periodical, 1935; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth117143/m1/57/: accessed December 15, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.