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At the outbreak of the American Civil War in 1861, 90 percent of African Americans in the Southern states were enslaved. President Abraham Lincoln issued the Emancipation Proclamation on 1 January 1863, declaring that all enslaved persons in the states in rebellion against the United States were then and forever afterward free. Of course, the majority did not actually attain their freedom until the war ended in 1865.
The period between 1865 and 1880 is especially important when researching formerly enslaved ancestors, since learning where your ancestors lived and who their associates were just after the war can help identify their former enslaver. Most or all mentions of enslaved ancestors during the period of slavery will be in the records of the former enslaver.
Look for the Person Rather Than the Name
For African American research during the first few decades after the end of the Civil War, we need to shift our mindset away from looking specifically at printed names and stated relationships and ages, and instead focus on all the details that make up the individual and the family. These might include first names—especially first names within a family group that are uncommon—general age or birth order of the children, occupations, sex of the children along with birth order, and names of people living nearby.
Names
Names were very fluid in the 1865-1880 period. Newly freed persons who previously were listed only by first names in the records of their former enslaver could now have established surnames in records. It is a myth that no enslaved persons had surnames during slavery. Some did, although they may not have been used by the enslaver.
Some of the surnames used after the Civil War may have been the same surnames the freedmen and -women already used within their families during slavery. Others established a new surname. Another myth is that newly freed persons took on the surname of their most recent former enslaver—or of any former enslaver. Some did; many did not.
Some African American individuals or families completely changed their surnames within these years. The family’s surname may have been recorded in one way in the 1870 census, but appears as something completely different—not a spelling variation—in the 1880 federal census.
This could mean that individuals living nearby with the same surname may or may not be relatives. They could have been non-relatives who were formerly enslaved on the same plantation. Similarly, people living nearby with different surnames might be relatives—even brothers with the same parents but who chose different last names.
The fluidity of names is also important to keep in mind when analyzing DNA matches and their trees.
Ages
Calculated years of birth based on ages in the census and other records can vary greatly. This is true in the research of any family, but is more pronounced when researching Black families. Enslaved persons were often prohibited from learning to read and write, so paper record-keeping was rarely done. Individuals may not have known how old they were, or how old their family members were. The person who provided the information to the census taker or other record keeper is usually unknown so it can be difficult to assess the accuracy of the information. It is common to see elderly individuals gain much more than a decade from one census to the next with some listed as over 100 years of age.
Relationships
Even today, relationships are not necessarily precise. We might refer to someone simply as a “cousin” rather than a first cousin, a second cousin, or a first cousin once removed. Mother’s close friend we’ve known since birth might be “Auntie” though she is really of no blood relation. It was no different for our ancestors of prior generations, so we need to pause before taking literally the relationships stated in records.
In the post-war period it was common to see multi-generational households. Mothers-in-law were often simply recorded as mothers in the 1880 census. Nieces and nephews might be listed in age order with the children of the household in 1870, even though census takers’ instructions were to list the head of household, then the wife (if the head of the household was a man), followed by the children of that couple, and finally anyone else living in the home. Someone might be listed as a cousin who was a nephew or a brother-in-law. Also, sometimes husbands and wives did not live in the same household but were still married. If work was available elsewhere, a man might go to another location to work while his wife and children remained in the family home.
Types of Records for African American Research
Several different types of records from the 1865-1880 period may help you find your African American ancestors, but the availability of those records can vary depending on the location and the specific ancestor’s situation. In some areas, courthouse fires and other disasters have destroyed records. In other locations, records that once existed have been destroyed. Records created by some jurisdictions were not always created by others. Whether extant records are available online also varies from one place to another. Material that is not online may be available at local, county, and state archives, historical societies, and libraries.
The 1870 and 1880 Federal Censuses
These two census schedules are especially important for researching formerly enslaved ancestors.
- The 1870 federal census is the first one in which formerly enslaved people’s full names appear.
- The 1880 census is the first to officially record each individual’s relationship to the head of household.
Newly freed people often lacked the financial resources to migrate soon after Emancipation, so you may find them in the same area where they had been enslaved. You also have a good chance of finding relatives and other people with whom your ancestors had close ties dating from slavery—as well as the former enslaving family—listed in the census pages before and after your ancestor’s listing.
Voter Registrations
In the mid- to late- 1860s—after the Civil War—formerly enslaved men were added to voter rolls in many Southern states. In many cases, a voter registration may be the earliest record of your formerly enslaved ancestor’s name. The right of Black men to vote was not ensured, however, until the U.S. Congress ratified the 15th Amendment in early 1870. That right was soon quashed by Jim Crow-era laws until civil rights legislation of the 1960s.
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Cohabitation Records/Marriage Legitimacies
In most cases, it was illegal for enslaved individuals to formally marry, although they did, of course, form marital unions and have families. After Emancipation, many formally “legitimized” their marriages. In some areas, it was required by law to do so. Cohabitation records typically include the name of the bride and the groom, how long they had been cohabitating as husband and wife, and the date of the record. Additional information, like the number of children the couple had, may be listed, as in the example below.
Freedmen’s Bureau Records
In 1865, Congress established the Bureau of Refugees, Freedmen, and Abandoned Lands to oversee all tasks related to formerly enslaved individuals, those who had been made refugees due to the Civil War, and anything pertaining to lands abandoned or seized during the war. The records created by this organization, familiarly known as the Freedmen’s Bureau, can be helpful when researching formerly enslaved ancestors.
More than 3 million entries are part of the Freedmen’s Bureau record collection on Ancestry, which includes school records, hospital records, and records of disputes, as well as a separate collection of Freedmen’s Bureau marriage records.
One of the most useful Freedmen’s Bureau records is labor contracts. These were contracts plantation owners, farmers, or sometimes former overseers made with formerly enslaved persons to work their farms. Usually, the terms were that the workers were to plant, care for, and harvest the crops for a year in exchange for a place to live, food, clothing, medical care, and sometimes a share of the harvest or a wage. Entire families were enlisted as workers, including children. These contracts can be important research tools as the person with whom the ancestor signed a contract may have been a former enslaver or the overseer or neighbor of a former enslaver.
Freedman’s Bank Records
The Freedman’s Savings and Trust Company was a private company chartered by the U.S. government in 1865 to help newly freed African Americans become financially independent. A small percentage of individuals are represented in these records, but for those who find their ancestors, the amount of family information included in Freedman’s Bank records is invaluable. The institution collected family information to ensure that customers’ assets were distributed appropriately in the case of the person’s death.
Civil War and Other Military Records
In the South, formerly enslaved ancestors may have been forced to support Confederate units, usually in the form of manual labor. These men were not formally recognized as soldiers and will not have military records. However, some enslaved men who escaped during the war joined Union forces as members of the United States Colored Troops. Their military records will include compiled service records and potentially information-rich pension files.
In 1866, Congress directed the creation of six U.S. Army units composed of African American soldiers. Men who served in these units were primarily former United States Colored Troops veterans, but some formerly enslaved men also joined. The men, known as Buffalo Soldiers, performed myriad duties on the western frontier.
Other Records for African American Research
Depending on your ancestor’s location and economic situation, these record types may also contain information about your ancestors for the 1865-1880 period:
- Tax lists
- Deeds and other land records
- Church records
- State censuses
- City directories for urban areas—African Americans are sometimes noted with an asterisk or a lowercase “c” next to their name for “Colored.”
Seeking the Former Enslaver
Immediately after Emancipation, many African American families continued to work near or on the farm where they had been enslaved. The nearest white landowner in the 1870 census is often the best candidate for an African American family’s former enslaver. Newly freed individuals did not always (or even often) have the surname of their most recent former enslaver, so instead of assuming the former enslaver was someone several counties away, look first in the ancestor’s immediate area.
This is especially true if the ancestor’s surname is a relatively common one. However, if the surname is uncommon, look at white families in the general area with the same uncommon surname as candidates for former enslavers—if not the most recent one, then potentially one in your family’s past.
If the nearest white landowning family is too young in 1870 to have been an adult enslaver in 1860, expand your research to that person’s parents. Once you have a candidate, search the 1860 U.S. Federal Census Slave Schedules for the potential former enslaver. This may confirm that he (or she) was, indeed, an enslaver. This research can be a jumping-off point to other records generated by the former enslaver—ones that may mention your family members’ names.
Let AncestryProGenealogists® Help
If you’d like professional help—African American family history research can be especially challenging—the research team at AncestryProGenealogists® is ready to help you document your African American ancestors, seek to identify your family’s former enslaver, or pursue other avenues of interest.
Sources
Black Confederates,” Virginia Humanities Encyclopedia, accessed February 2025, http://www.encyclopediavirginia.org.