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NO PENSIONS FOR EX-SLAVES

How Federal Agencies Suppressed Movement to Aid Freedpeople


By Miranda Booker Perry

T he Union victory in the Civil War helped pave the way for the 13th amendment to formally abolish the practice
of slavery in the United States. But following their emancipation, most former slaves had no financial resources,
property, residence, or education—the keys to their economic independence.
Efforts to help them achieve some semblance of economic freedom, such as with “40 acres and a mule,” were stymied.
Without federal land compensation—or any compensation—many ex-slaves were forced into sharecropping, tenancy
farming, convict-leasing, or some form of menial labor arrangements aimed at keeping them economically subservient and
tied to land owned by former slaveholders.
“The poverty which afflicted them for a generation after Emancipation held them down to the lowest order of society,
nominally free but economically enslaved,” wrote Carter G. Woodson in The Mis-Education of the Negro in the 1930s.
In the late 19th century, the idea of pursuing pensions for ex-slaves—similar to pensions for Union veterans—took hold.
If disabled elderly veterans were compensated for their years of service during the Civil War, why shouldn’t former slaves
who had served the country in the process of nation building be compensated for their years of forced, unpaid labor?

An MRB&PA broadside features both Isaiah Dickerson, the general manager, and Callie House, a national promoter and assistant secretary of the
association, with the emblem of the United States in the center. Background: Certificate of Membership in the MRB&PA.

28 Prologue Summer 2010


By 1899, “about 21 percent of the black popu- former slaves transition from slavery to free- ing a homestead. This process involved fil-
lation nationally had been born into slavery,” ac- dom. Section four of the act authorized the ing claims, waiting indefinitely until offices
cording to historian Mary Frances Berry. Had bureau to rent no more than 40 acres of con- opened or reopened, and working to secure
the government distributed pensions to former fiscated or abandoned land to freedpeople enough money to purchase land. Concurrent-
slaves and their caretakers near the turn of the and loyal white refugees for a term of three ly, freedpeople faced southern white opposi-
century, there would have been a relatively mod- years. At the end of the term, or at any point tion to settling land.
est number of people to compensate. during the term, the male occupants renting Moreover, Congress provided no tools,
But the movement to grant pensions to ex- the land had the option to purchase it and seed, rations, or any form of additional as-
slaves faced strong opposition, and the stron- would then receive a title to the land. sistance to freedpeople, and most freedpeo-
gest came not from southerners in Congress But Johnson’s restoration policy rendered ple’s earnings just covered the bare necessi-
but from three executive branch agencies. It section four null and void and seriously ties of life. Maintaining a homestead with-
was opposition impossible to overcome. thwarted bureau officials’ efforts to help the out assistance was almost impossible under
newly emancipated acquire land. those circumstances.
Land Allocation Efforts Stymied In June 1866 the Southern Homestead Act On March 11, 1867, House Speaker Thad-
By the Johnson Administration was enacted. It was designed to exclusively deus Stevens of Pennsylvania introduced a
In the late stages of the Civil War and in its give freedpeople and white southern loyalists bill (H.R. 29) that outlined a plan for con-
aftermath, the federal government (primarily first choice of the remaining public lands from fiscated land in the “confederate States of
Republicans) tried to relieve destitution among five southern states until January 1, 1867. America.” Section four of the proposed bill
freedpeople and help them gain economic in- But homesteading was problematic on explicitly called for land to be distributed to
dependence through attempts to allocate land. many different levels. The short period al- former slaves:
These efforts, both military and legislative, lotted by Congress (six months) worked
help explain why African Americans thought against freedpeople because most were un- Out of the lands thus seized and confiscat-
that compensation was attainable. der contract to work or had leased land, ed, the slaves who have been liberated by
Special Field Orders No. 15, issued by through the bureau’s contract labor policy, the operations of the war and the amend-
Gen. William T. Sherman in January 1865, until the end of the year. ment of the Constitution or otherwise,
promised 40 acres of abandoned and con- Congress also underestimated the time it who resided in said “confederate States”
fiscated land in South Carolina, Georgia, would take for freedmen and loyal whites to on the 4th day of March, A.D. 1861 or
and northern Florida (largely the Sea Is- successfully complete the process of secur- since, shall have distributed to them as fol-
lands and coastal lands that had previous- lows namely: to each male person who is
ly belonged to Confederates) to freedpeople. the head of a family, forty acres; to each
Sherman also decided to loan mules to for- adult male, whether the head of the fami-
mer slaves who settled the land. ly or not, forty acres; to each widow who is
But these efforts were rolled back by Pres- the head of a family, forty acres; to be held
ident Andrew Johnson’s Amnesty Proclama- by them in fee simple, but to be inalien-
tion of May 29, 1865. By the latter part of able for the next ten years after they be-
1865, thousands of freedpeople were abrupt- come seized thereof. . . . At the end of ten
ly evicted from land that had been distrib- years the absolute title to said homesteads
uted to them through Special Field Orders shall be conveyed to said owners or to the
No. 15. Circular No. 15 issued by the Freed- heirs of such as are then dead.
men’s Bureau on September 12, 1865, cou-
pled with Johnson’s presidential pardons, Stevens knew that if federal land redistri-
provided for restoration of land to former bution legislation failed to pass, freedpeople
owners. With the exception of a small num- would be at the whim of former slaveholders
ber who had legal land titles, freedpeople
were removed from the land as a result of
Senator Thaddeus Stevens, a powerful Radical
President Johnson’s restoration program.
Republican leader, was a staunch advocate for
The Freedmen’s Bureau Act had been es- emancipation and championed civil and equal
tablished by Congress in March 1865 to help rights for blacks.

No Pensions for Ex-Slaves Prologue 29


It was introduced at the request of Walter least a few of these organizations were in-
R. Vaughan of Omaha, a white Democrat terested in joining forces and consolidating
and ex-mayor of Council Bluffs, Iowa. He their groups.
did not believe that it, or subsequent bills, The MRB&PA was chartered on August
should be identified as a pension bill but in- 7, 1897, and had a dual mission: to petition
stead as “a Southern-tax relief bill.” Vaughan Congress for the passage of legislation that
recognized that pensions would financial- would grant compensation to ex-slaves, par-
ly benefit former slaves and would indeed ticularly elderly ex-slaves, and to provide
be a semblance of justice for their years of mutual aid and burial expenses.
forced labor. But the outcome he looked for The association collected membership fees
involved ex-slaves spending their pensions in order to help defray lobbying costs, print-
in the South in order to give the devastated ing/publication expenses, and travel expens-
southern economy a financial boost. es of the national officers. Monthly dues were
The push for ex-slave pensions gained mo- reserved for mutual aid purposes (to aid the
mentum in the 1890s and continued into the sick, the disabled, and for burial expenses).
early 20th century. This grassroots movement Ex-slaves and their allies gave their meager re-
Walter R. Vaughan requested the first ex-slave
pension bill and established the first ex-slave was composed largely of former slaves, their sources to help further the movement because
pension organization. family members, and friends. It emerged they believed in the organization’s mission.
during the nadir of American race relations, Dedication and charisma characterized the
for years to come. In support of his bill, he roughly 1877 into the early 20th century. leaders of the association and enabled them to
stated, “Withhold from them all their rights Racial segregation oficially became the law mobilize the masses.
and leave them destitute of the means of of the land with the U.S. Supreme Court’s By the late 1890s, the MRB&PA was the pre-
earning a livelihood, [and they will become] 1896 Plessey v. Ferguson decision, which up- miere ex-slave pension organization, claiming a
the victims of the hatred or cupidity of the held racial segregation under the “separate but membership in the hundreds of thousands. In
rebels whom they helped to conquer.” equal” doctrine. Lynchings and race riots were addition to having a strong grassroots follow-
Republicans, during the 1868 campaign, at an all-time high, while civil rights and legal ing, the MRB&PA was highly organized. The
even promised 40 acres and a mule to freed- recourse for blacks were virtually nonexistent. national officers established a charter, drafted a
people. Military and legislative measures Throughout the South, black men were disen- constitution and by-laws, held annual conven-
failed to secure land for freedpeople. A cou- franchised and could not serve on juries. tions, formed an executive board, started local
ple of decades passed before any further The pension movement flourished in spite of, chapters mostly in the South and Midwest, es-
concerted efforts were made to provide eco- or even because of, these obstacles. tablished enrollment fees and dues, advertised
nomic relief and security for ex-slaves, and There were a number of ex-slave pension through circulars and broadsides, and advocat-
when there was another major effort, it was organizations within the movement—the ed unity of purpose.
not by the government but by former slaves National Ex-Slave Pension Club Associa- The organization supported a proposed
and their allies. tion of the United States (Vaughan’s Justice pension payment scale based upon the age of
Party); the Ex-Slave Petitioners’ Assembly; beneficiaries that appeared in every ex-slave
Ex-Slave Pension Movement the Great National Ex-Slave Union: Con- bill from 1899 onward. Ex-slaves 70 years and
Begins as the Century Ends gressional, Legislative and Pension Associ- older at the time of disbursement were to re-
By the last decade of the 19th century, the ation of the U.S.A.; the Ex-Slave Pension ceive an initial payment of $500 and $15 a
idea of trying to procure the enactment of Association; the Ex Slave Department In- month for the rest of their lives; those aged
pension legislation for ex-slaves for their dustrial Association of America; and oth- 60–69 years old would receive $300 and $12
years of unpaid labor was put into action. ers—but there is a paucity of documenta- a month; those aged 50–59 years old would
The concept of ex-slave pensions was tion for groups other than the National Ex- receive $100 and $8 a month; and those un-
modeled after the Civil War–era program Slave Mutual Relief, Bounty and Pension der 50 would receive a $4 a month pension. If
of military service pensions, and the first ex- Association of the United States of Amer- formerly enslaved persons were either very old
slave pension bill (H.R. 11119) was intro- ica (MRB&PA). The ex-slave pension orga- or too ill to care for themselves, their caretak-
duced by Rep. William Connell of Nebras- nizations did not work together collective- ers were to be compensated.
ka in 1890. ly, but there is evidence that officers of at Once a freedperson reached a certain age

30 Prologue Summer 2010


threshold, he or she would then be eligible prospect that the bill would become a law.”
for the higher pension. This proposed ex- In a February 7, 1902, letter to the com-
slave pension payment scale is very similar mander-in-chief of the Grand Army of the
to the Civil War pension gradation scale for Republic, the commissioner of pensions
soldiers with disabilities. Soldiers who be- blamed the ex-slave pension organizations
came disabled as a result of military service for arousing false hopes for “reparation for
received pension payments based on the na- historical wrongs, to be followed by inevita-
ture of their disability and military rank. ble disappointment, and probably distrust of
Over time, the Civil War pension program the dominant race and of the Government.”
came to resemble a system of pensions for Special examiners of the Law Division of the
elderly vetrans just as the ex-slave pension Bureau of Pensions attended ex-slave pension
movement’s main focus was to secure pen- association meetings, took depositions from of-
sions to particularly aid the elderly. ficers (national and local), and sent letters to of-
The association’s headquarters was in ficers and members to determine if officers were
Nashville, Tennessee, where two of its most representing themselves as officials appointed
notable leaders, Isaiah H. Dickerson and by the United States Government.
Callie D. House, lived. Dickerson, an edu- The Bureau of Pensions also sent circulars to
cator and minister, was the general manager agents affiliated with various ex-slave pension
and national promoter of the organization. organizations. Although these circulars usually
House, a widow, laundress, mother of five, carried the disclaimer, “While any class of citi-
and former slave, was elected as the assistant zens has an unquestioned right to associate for Callie House’s response to a fraud order issued by
the Post Office against the association highlights
secretary of the association in November the purpose of attempting to secure legislation
the objectives of the movement and describes the
1898. She soon became a national promoter believed to be advantageous,” these words were plight of freedpeople.
of the movement alongside Dickerson. often simply a formality. The bureau’s inspectors
As the association’s membership grew, did not find evidence to incriminate any of the
government surveillance intensified. How- influential MRB&PA officers whom they sus-
ever, Dickerson, House, and other associa- pected of fraud.
tion officers were not aware of the federal The Post Office Department took action
government’s intense interest in their orga- when it presumed that the U.S. mails were
nization and plans to undermine it and the being used to defraud ex-slaves. The Post
larger movement. Office used its extensive antifraud powers
against the movement, issuing fraud orders
Association Faces Strong Opposition to organizations and officers.
to Pensions from U.S. Government On September 20, 1899, Barrett issued
Three federal agencies—the Bureau of Pen- a fraud order against the MRB&PA and its
sions, the Post Office Department, and the national officers (Dickerson, Rev. D. D. Mc-
Department of Justice—worked collec- Nairy, Rev. N. Smith, Rev. H. Head, and
tively in the late 1890s and into the early House), forbidding the delivery of all mail
20th century to investigate individuals and matter and the payment of money orders.
groups in the movement. Once the mail was intercepted, it was ei-
The officials who pursued the investigations ther returned to senders marked “Fraudu-
thought the idea of pensioning ex-slaves was lent” or simply withheld from the intended
unrealistic because the government had no in- recipients. The fraud order and obstruction
tention of compensating former slaves for their of mail proceeded even though the Post Of-
years of involuntary labor. Harrison Barrett, fice had no concrete evidence that the asso-
the acting assistant attorney general for the ciation had acted illegally.
Post Office Department, admitted in an 1899 In letters to both Barrett and Nashville
circular that “there has never been the remotest Postmaster A. W. Wills, Dickerson, House

No Pensions for Ex-Slaves Prologue 31


of ex-slaves. They were either affiliated with an be convicted of swindling, Dickerson would
ex-slave organization or pretended to be affili- have had to have claimed that an ex-slave
ated with the movement to swindle money. To pension bill had passed and become law or
counter any misuse of funds within their orga- that an appropriation had been made to pay
nization, the MRB&PA had a grievance com- pensions, and not simply that he was advocat-
mittee that would determine if an officer was ing for the passage of pension legislation.
guilty of squandering funds, and it took neces- Then in May 1902 a special examiner of the
sary action against him or her. Bureau of Pensions conducted an inquiry into
The goal of the investigations by the Bureau Dickerson and drafted an affidavit of the in-
of Pensions, Post Office Department, and Jus- vestigation but found nothing incriminating.
tice Department was not to determine wheth- When Dickerson died in 1909, House soon
er former slaves had a legitimate grievance or became the leader in the forefront of not only
claim, but to stifle the movement. the MRB&PA but of the movement.
The pension bills submitted to Congress re- After Congress responded so unfavorably
ceived little serious attention. The Senate Com- to the pension movement, House took the
mittee on Pensions examined S. 1176 (a bill issue to the courts.
similar in language to all of the other bills) and In 1915 the association filed a class action law-
wrote an adverse report. This committee re- suit in federal court for a little over $68 million
ceived its information (and thus a tainted view against the U.S. Treasury. The lawsuit claimed
Cover page of the constitution and by-laws of the of the movement) from none other than the that this sum, collected between 1862 and 1868
National Ex-Slave Mutual Relief, Bounty and Pension Post Office Department and the commission- as a tax on cotton, was due the appellants be-
Association of the United States of America.
er of pensions. The report described freedpeo- cause the cotton had been produced by then
and other officers invoked their first amend- ple in the movement as “ignorant and credu- and their ancestors as a result of their “involun-
ment rights (namely their right to assemble lous freedmen,” and the committee concluded tary servitude.”
and right to petition the government), 14th that “this measure is not deserving of serious
and 15th amendment rights (citizenship consideration by Congress” and recommended
rights and voting rights), and highlighted “its indefinite postponement.”
the dire condition of old ex-slaves. When House learned of the committee’s
In both correspondence and depositions, na- report, she drafted a letter to the commis-
tional and state officers of the MRB&PA also sioner of pensions refuting its allegations
repeatedly denied the accusation that the move- and explaining the objectives of the associ-
ment was fraudulent or a lottery. They even ation. She invoked both the Declaration of
hired an attorney to represent them and try to Independence and U.S. Constitution. Be-
get the fraud order revoked. These efforts were cause one of the main objectives of the as-
futile. The Post Office Department was deter- sociation was petitioning Congress for pen-
mined to maintain the fraud order set in motion sions to aid old ex-slaves, House reminded
in 1899 against the association and its founding the commissioner that “the Constitution of
officers and was continually searching for ways the United States grants it[s] citizens[s] the
to limit their influence. priviledge [sic] to petition Congress for a re-
The Department of Justice gathered infor- dress of Greviance[s] [sic] therefore I cant see
mation to probe the activities of the officers, where we have violated any law whatever.”
especially House, not to counteract any fraud- In 1901 Dickerson was found guilty of
ulent beliefs. The MRB&PA provided the de- “swindling” in city court in Atlanta, Geor-
partment with a list of local agents in order to gia. The press reported that he would have to
show that they were not a sham organization, pay a $1,000 fine or be sentenced to one year
but the government disregarded this proof. on the chain gang. The conviction was over-
There were individuals who, under the guise turned later that year by the Georgia State Su-
of supporting the movement, took advantage preme Court, which reasoned that in order to

32 Prologue
The Johnson v. McAdoo cotton tax lawsuit There was also no evidence that she profited from odds, pressed for the passage of pension legisla-
is the first documented African American the movement. tion to no avail. Being labeled as fraudulent—
reparations litigation in the United States on The Post Office identified activities as especially by determined federal agencies—
the federal level. Predictably, the Court of mail fraud without definitive evidence, and sealed its fate. P
Appeals for the District of Columbia denied their decisions to deny use of the mails were
their claim based on governmental immuni- nearly impossible to appeal.
ty, and the U.S. Supreme Court, on appeal, After a three-day trial in September 1917,
To learn more about:
• Records relating to slavery
sided with the lower court decision. an all-white male jury convicted her of mail and emancipation, go to www.
The Post Office Department was unrelent- fraud charges, and she was sentenced to a year a r c h i v e s .g o v /p u b l i c a t i o n s /
ing as it continued to search for means to lim- in jail at the Missouri State Prison in Jeffer- prologue/ and click on Previous
it House’s influence and curtail the movement. son City. She was released from prison in Au- Issues, then go to Winter 2002, Fall 2001,
Winter 2005, and Spring 2010.
After a prolonged investigation, House was ar- gust 1918, having served the majority of her
• Research involving pension records from the
rested and indicted on charges of mail fraud. sentence, with the last month commuted. Civil War and other conflicts, go to www.
She was accused of sending misleading circulars This movement, against insurmountable archives.gov/genealogy/military/.
through the mail, guaranteeing pensions to asso-
ciation members, and profiting from the move-
Note on Sources
ment. She denied ever assuring members that the
Records on the ex-slave pension movement housed at the National Archives reveal an immense amount
government would grant pensions or that a law
about a social movement on the periphery of history, the organization at the epicenter of the movement, and
had been passed providing pensions for ex-slaves. the government’s response to it.
National Archives Microfilm Publication M2110 reproduces the series Correspondence and Case Files
Pertaining to the Ex-Slave Pension Movement, Law Division, Bureau of Pensions, Records of the Department
Senate Bill 1176 is representative of the ex-slave of Veterans Affairs, Record Group (RG) 15. These records include correspondence, circulars, broadsides,
pension bills introduced in both houses of Congress. petitions to Congress, depositions, pension bills, certificates of membership, affidavits, and memorandums.
This bill’s new feature was the proposed pension The numerous letters from ex-slaves and their descendants inquire about the status of ex-slave pension
payment scale based upon the age of beneficiaries. legislation, provide information on their former slave status, and urge the government to pay pensions.
Certificates mailed to the bureau involvement in and support of the ex-slave pension movement. There are
also letters between Post Office officials and pension officials.
Fraud Order Case Files, part of the Records of the Post Office Department, RG 28, include correspondence,
fraud orders, memorandums, newspaper clippings, and copies of constitution and bylaws. Special Field
Orders, No. 15, Headquarters Military Division of the Mississippi, January 16, 1865, is found in Orders &
Circulars, ser. 44, Records of the Adjutant General’s Office, 1780’s–1917, RG 94.
Other NARA records that contain material pertaining to the movement include the General Records of
the Department of Justice, RG 60; Records of District Courts of the United States, RG 21; and Records of
the U.S. Senate, RG 46; and Records of the U.S. House of Representatives, RG 233.
The remarks by Thaddeus Stevens in support of H.R. 29 are in the Congressional Globe, 40th Cong., 1st
sess., March 19, 1867, pp. 203, 205. Walter R. Vaughan’s pamphlet, Vaughan’s “Freedmen’s Pension Bill”:
A Plea for American Freedmen is housed at the Moorland-Spingarn Research Center, Howard University.
Walter Fleming’s, “Ex-Slave Pension Frauds,” University Bulletin Louisiana State University Vol. I-N.S., No.
9 (September 1910): 6 was first published in the South Atlantic Quarterly, April 1910. The “cotton tax” case,
Johnson v. McAdoo, was decided on November 14, 1916, by the Court of Appeals for the District of Columbia
(45 App. D.C. 440); the Supreme Court sustained that decision in 244 U.S. 643 (1917).
The ex-slave pension movement was relatively unknown until historian Mary Frances Berry rescued it from
obscurity in her essay “Reparations from Freedmen: 1890–1919: Fraudulent Practices or Justice Deferred?”
Journal of Negro History 57 (July 1972): 219–230, and in her book My Face Is Black Is True: Callie House and
the Struggle for Ex-Slave Reparations (New York: Alfred A. Knopf, 2005).
Also, Claude F. Oubre, Forty Acres and a Mule:
The Freedmen’s Bureau and Black Land Ownership
(Baton Rouge: Louisiana State University Press, 1978);
John Hope Franklin, Reconstruction: After the Civil Author
War (Chicago: University of Chicago Press, 1961); Miranda Booker Perry is an archi-
Carter G. Woodson, The Mis-Education of the Negro
vist trainee in the Textual Archives
(Washington, DC: The Associated Publishers, Inc.,
Division at the National Archives in
1933); and Michael T. Martin and Marilyn Yaquinto,
eds. Redress for Historical Injustices in the United States: Washington, D.C. She has worked on
On Reparations for Slavery, Jim Crow, and Their Legacies a number of military records projects and is currently a
(Durham, NC: Duke University Press, 2007). Ph.D. candidate in history at Howard University.

Prologue 33

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