Marriages of Enslaved Couples Initially Not Recognized
Widows of Civil War soldiers could begin applying to the Bureau of Pensions during the war, and one of the first major obstacles for Black women who had survived slavery was the bureau's marriage requirement. Women needed to prove they had been married to their deceased husbands to receive survivor benefits. However, because enslaved men and women hadn’t been legally able to marry, the Bureau of Pensions didn’t initially recognize their unions.
In 1864, the government began retroactively recognizing these marriages, but there were still other factors that made it difficult to start the process. Some veterans and families didn’t know they were eligible for pensions or benefits in the first place. Pensioners were required to provide multiple records, from military service documents to marriage certificates to medical exams. Access to attorneys who could help applicants navigate the complex system was a barrier for many formerly enslaved families, as was literacy, since antebellum laws had punished enslaved people for learning to read or write.
“There’s almost an immediate suspicion that formerly enslaved people’s families are not legitimate, they are not nuclear, that women are…claiming benefits for children that were not the soldiers',” she says.
Benefits Could Be Revoked
Even if Black women did succeed in receiving benefits, Brimmer says “it was equally difficult to maintain their standing on the roll.” The Bureau of Pensions could and did remove women’s benefits if they earned paid wages outside of the home, if they remarried or if the bureau suspected them of engaging in behavior it viewed as inappropriate.
This was the case with Patience Buck, whose husband, George K. Buck, suffered a severe head injury during the war that contributed to his death in 1871. Patience Buck first applied for benefits in 1879, and had to apply multiple times before the bureau approved her application in 1890 (the bureau had argued that her husband’s death was unrelated to his war injury). However, the bureau later cut off her benefits based on rumors that she was a prostitute. These rumors were false, but were enough to deprive her of her benefits.
In addition to critiquing an applicant's own actions, the Bureau of Pensions might hold her husband’s actions against her if it learned that her husband had had an affair, says Holly Pinheiro, Jr., a history professor at Furman University and author of forthcoming book The Families’ Civil War: Black Soldiers and the Fight for Racial Justice.