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Black Pearls of Genealogy

Compensated Emancipation, and Petitions Records

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Compensated Emancipation Records

Compensated emancipation, where the government paid slave owners for the loss of enslaved labor during the Civil War. Slave owners received $300 per enlisted enslaved individual, provided they met Union loyalty criteria.  The federal government set a flat rate of $300 for each enlistment, but this was generally lower than the enslaved individuals’ market value.

Example

Form B

of the estate of Malinda D. Grave deceased 

William D. McHatton and William S. Drummond executor’s claimant for compensation under the Act of Congress of February 24th 1864, and July 28th, 1866, for Henry Johnson a slave, who was enlisted into the military service of the United States upon the __ of ____, 186_, having been duly sworn declares that at the date of enlistment of the said Henry Johnson as aforesaid, and as more fully set forth in my application whereas  the lawful owner of the said Henry Johnson and obtained my title to him in the following manner:

(1) By Birth the said slave being born a slave the property of the late Zachariah Graves, the late husband of Malinda Graves, the Mother of Negro boy slave was named Lurinda who was likewise a slave at the time of birth of the said slave named Henry Johnson.

William D. McHatton,

William S. Drummond

Executors of the estate of

Malinda D. Graves deceased

Records

What's the Key Points of these records?

  • Enslaved men who joined the Union Army often became part of the United States Colored Troops (USCT).
  • Since they were property by law in slaveholding states, their enlistment could be considered a "taking" by the government, prompting the government to create compensation measures.
  • To receive compensation, slave owners had to prove loyalty to the Union and submit a claim documenting the enlistment of the enslaved person.
  • Compensation claims were typically filed with the War Department or other designated agencies.

In the slave compensation claims system during the Civil War, the maximum amount that a slave owner could claim for an enslaved individual who enlisted in the Union Army was $300 per person. This amount was standardized and applied regardless of the enslaved person’s age, skills, or background. This amount was often lower than the enslaved person's market value.

Here’s how this maximum compensation amount worked in practice:

1. Flat Rate Per Enlisted Individual
  • The federal government determined a fixed compensation rate of $300 per enslaved person who enlisted. This amount aimed to compensate loyal Union slave owners for the "loss of labor" without delving into variable valuations.
  • This flat rate did not account for the actual "market value" that slave owners may have placed on individuals, which could be much higher.
2. No Additional Compensation for Death or Injury
  • The $300 was the maximum compensation regardless of the outcome of the enlistment. If an enslaved individual died in service or was injured, no additional compensation was awarded to the owner.
3. Limitations on Multiple Claims
  • Owners could file multiple claims if several enslaved people from their holdings enlisted, with $300 paid per person enlisted. However, each claim had to meet specific eligibility criteria, such as the owner’s loyalty to the Union.
4. Purpose and Policy
  • The $300 was a way for the Union government to incentivize slave owners to allow enslaved individuals to enlist without significant financial "loss." However, many owners considered it insufficient, as it often didn’t reflect the enslaved person’s market value.

While the amount might seem minimal compared to the actual value that enslaved individuals represented to slave owners, it provided a fixed, manageable compensation policy aligned with the Union's military and political goals.

Military Enlistment: Compensation was primarily issued to slave owners if the enslaved individual enlisted in the Union Army, typically joining the United States Colored Troops (USCT).

Loyalty of Slave OwnerOnly slave owners who were loyal to the Union could file for compensation. Confederate supporters were excluded, limiting the program to Union-aligned owners.

Freedom of the Enslaved Individual: In some compensated emancipation programs, such as Washington, D.C.’s in 1862, enslaved people did not have to enlist but were freed with compensation given to their owners.

 
Responsibilities of Enslaved Individuals
  • Enslaved individuals who enlisted were expected to serve in the Union Army, typically for the remainder of the Civil War. They were assigned various duties, including combat, labor, and support roles, depending on the needs of the regiment.
  • The enlistment meant the enslaved individual would be required to complete their service and follow the duties typical of Union soldiers, receiving military training, equipment, and provisions.
 
Age Range for Enslaved Individuals
  • Generally, young adult men, especially those between ages 18 and 45, were targeted for enlistment. This age range aligned with the standard enlistment guidelines of the time, emphasizing those physically able to serve.
  • In some cases, boys as young as 16 were accepted, though this varied depending on regional military needs and the discretion of recruiting officers.
  • Older enslaved men and women, as well as young children, were not eligible for compensation related to enlistment unless they were emancipated under different compensated emancipation policies, such as those enacted in Washington, D.C., where no specific age limits were mandated.

If an enslaved soldier died in service, the owner was still eligible to receive the $300 compensation. The payment served as a flat fee for the "loss" rather than a reflection of any specific contribution to the war effort or the soldier's fate.

1. Failure to Prove Loyalty to the Union
  • Only Union-loyal slave owners were eligible for compensation. If a claimant could not prove loyalty or had supported the Confederacy, the claim would be rejected. This was a key requirement, especially in border states with divided loyalties.
2. Inadequate Documentation of Ownership
  • Claimants had to provide documentation proving ownership of the enslaved individual. If they lacked legal proof, such as bills of sale or estate records, the claim would likely be denied.
3. Failure to Prove Enlistment
  • The claim had to show that the enslaved person actually enlisted in the Union Army. If there was no record of enlistment, or if the government could not confirm it, the claim would be dismissed.
4. Claims Filed Outside of Approved Areas or States
  • The federal government restricted compensation claims to certain regions, particularly in border states where slavery was legal yet owners remained loyal to the Union. Claims filed outside these states were not eligible.
5. Disputes Over Compensation Amounts
  • Some claims were rejected if there was a dispute over the amount of compensation. If a claimant argued for a higher valuation than the standard $300, the claim could be denied or delayed.
6. Fraudulent Claims or Inconsistencies
  • In cases of fraud or suspected deception—such as inflated claims of ownership or enlistment—claims were carefully scrutinized and often rejected if inconsistencies were found.
7. Late Submission of Claims
  • Claims had to be filed within a specific time frame. Any claims submitted after the deadline were typically rejected, as the government sought to close the program and settle all valid claims promptly.
8. Incorrect Filing Procedures
  • If the claim was filed improperly, such as through the wrong department or lacking required forms, it could be rejected. Some claimants were unfamiliar with the procedures, leading to disqualification due to technicalities.
9. Legal Disputes Over Enslaved Individuals’ Status
  • Some enslaved people had ambiguities around their status, such as partial manumission or conflicting claims to ownership. Legal disputes over these issues could result in claim rejection.
10. Claims from Owners of Enslaved Individuals Who Deserted or Were Freed Elsewhere
  • If an enslaved individual deserted the military, escaped before enlisting, or was freed in another jurisdiction, the owner would have no valid claim, and any submission for compensation would be denied.
  • These records usually document the enlistment of the individual into the United States Colored Troops (USCT), including the regiment or company, dates of service, and sometimes death or discharge information.
  • Enlistment records within the USCT can provide information on enlistment dates, physical descriptions, and sometimes pension records, which are rich with personal details.
  • If an enlisted enslaved person survived the war, they might later qualify for a military pension. Pension files can include personal testimonies, affidavits from family members, and information about marriages and children, offering further biographical insights.
  •  

 

Locating Compensated Emancipation Records

Note:

While the collection focuses on Missouri, similar compensation claims were filed in other border states where slavery remained legal during the Civil War, such as Delaware, Kentucky, Maryland, Tennessee, and West Virginia. However, these records are not included in this specific Ancestry.com collection.

 

Note:

These records which includes records of compensation claims filed by Southern Unionists for property losses during the Civil War. However, this collection does not specifically pertain to slave owner compensation claims.

For records directly related to slave owner compensation, particularly concerning the District of Columbia, the “District of Columbia, U.S., Slave Owner Petitions, 1862” collection on Ancestry.com is a valuable resource.

Index of Slave Compensation Claims
by Former Slave  Owner

The "Index of Slave Compensation Claims by Former Slave Owner" refers to a historical record or a database that lists claims made by former slave owners for compensation following the abolition of slavery. This type of record would be specific to regions or countries where slavery was legally ended and where the government offered compensation to slave owners for the loss of what was then considered their property.

In the British context, for example, after the Slavery Abolition Act of 1833, the British government paid out compensation to slave owners in its colonies. The records of these compensation claims are detailed and include information about the claimants (the former slave owners), the enslaved individuals, and the amount of compensation awarded.

Emancipation Petitions

The D.C. Compensated Emancipation Act of 1862 was a significant piece of legislation in American history. It represented an early step towards the abolition of slavery in the United States.

This Act was passed during the American Civil War, a period marked by intense conflict over the issue of slavery. It aimed to abolish slavery in the District of Columbia, which, despite being the nation's capital, still permitted the practice.

Uniquely, the Act provided for the compensation of slave owners. It recognized the owners' loss of what was then legally considered property and offered financial reimbursement. This was a pragmatic approach to appease those who might oppose abolition on economic grounds.

Slave owners were required to file a petition to claim compensation. This petition needed to demonstrate their loyalty to the Union. This requirement was important because the Civil War was fundamentally a conflict between the Union (the North, where slavery was generally prohibited) and the Confederacy (the South, where slavery was integral to the economy and social structure).

The petition included a list of enslaved individuals owned, along with their estimated value. Additionally, owners had to provide detailed descriptions of each enslaved person, including physical characteristics. This level of detail was likely intended to prevent fraud and ensure that compensation was accurately calculated.

The requirement to record the physical characteristics of enslaved individuals reflects the dehumanizing aspect of slavery, where people were treated as property to be cataloged and valued based on physical attributes.

The passage of the D.C. Compensated Emancipation Act was a landmark event. It set a precedent for compensated emancipation, a concept that was discussed (but ultimately not implemented) as a broader solution to the issue of slavery in the United States. It also signaled a shift in federal policy towards a more active role in the abolition of slavery, culminating in the Emancipation Proclamation by President Abraham Lincoln later that same year.

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