African American Bounties and Pay Arrears and Specific Statute References
African American Bounties and Pay Arrears and Specific Statute references Section 14 Pension Act of July 4, 1864 And be it further enacted, That the widows and children of colored soldiers who have been, or who may be hereafter, killed, or who have died, or may hereafter die, of wounds received in battle, or who have died, or may hereafter die, of disease contracted in the military service of the United States, and in the line of duty, shall be entitled to receive the pensions now provided by law, without other proof of marriage than that the parties had habitually recognized each other as man and wife, and lived together as such for a definite period next preceding the soldier's enlistment, not less than two years, to be shown by the affidavits of credible witnesses: Provided, however, That such widow and children are free persons: Provided further, That if such parties resided in any state in which their marriage may have been legally solemnized, the usual evidence shall be required.
Note: 1. Among slaves there were no legal marriages. There were marriages between free persons and slaves before the War but these would be by the Pension Bureau regarded as slave marriages.
2. Because of the Emancipation Proclamation all slaves of the Confederacy were freed. The difficulty in 1864 were the boarder states: Delaware, Maryland, Kentucky, and Missouri where slaves were not free. These widows and children would not be covered under this law. (See marriage rules for more information on marriages)
3. To complicate matters further some soldiers were enrolled and mustered in (and fighting) before the Emancipation Proclamation (see 33rd USCT). There were "free" persons of colour in this group but many more were contraband slaves.
Section 14 Pension Act of June 18, 1866 Sec. 14. And be it further enacted, That the fourteenth section of an act entitled "An act supplementary to an act entitled 'An act to grant pensions,' approved July fourteenth, eighteen hundred and sixty-two," approved July fourth, eighteen hundred and sixty-four, be, and the same is hereby, repealed, and that the widows and children of colored soldiers and sailors who have been or may be hereafter killed, or who have died or may hereafter die of wounds received or of disease contracted in the military or naval service of the United States, and in the line of duty, shall be entitled to receive the pensions, bounty, and back pay provided by law, without other evidence of marriage than proof, satisfactory to the Commissioner of Pensions, that the parties had habitually recotgnized each other as man and wife, and lived together as such; and the children born of any marriage so proved shall be deemed and taken to be the children of the soldier or sailor party thereto.
Section 1 March 3, 1873 Sec. 4723. All colored persons who enlisted in the Army during the war of the rebellion, and who are now prohibited from receiving bounty and pension on account of being borne on the rolls of their regiments as " slaves," shall be placed on the same footing, as to bounty and pension, as though they had not been slaves at the date of their enlistment.
Section 4705, Revised Statutes. (1917) The widows of colored and Indian soldiers and sailors who have died, or shall hereafter die, by reason of wounds or injuries received, or casualty received, or disease contracted, in the military or naval service of the United States, and in the line of duty, shall be entitled to receive the pension provided by law without other evidence of marriage than satisfactory proof that the parties were joined in marriage by some ceremony deemed by them obligatory, or habitually recognized by their neighbors, and lived together as such up to the date of enlistment, when such soldier or sailor died in the service, or, if otherwise, to date of death; and the children born of any marriage so proved shall be deemed and held to be lawful children of such soldier or sailor, but this section shall not be applicable to any claims on account of persons who enlist after the third day of March, one thousand eight hundred and seventy-three.
Note: This regulation is no longer dependent upon the laws of the State where the veteran or widow resides. It simply becomes:
1. satisfactory proof that the parties were joined in marriage by some ceremony deemed by the obligatory or habitually recognized by there neighbors.
2. Lived together as such up to the date of enlistment, when such soldier or sailor died in the service
3. Otherwise to date of death
4. Any children born of any marriage so proved shall be deemed and held to be lawful children of such soldier or sailor.
FIRST KANSAS COLORED VOLUNTEERS, 1863. ACT MARCH 3, 1891 (26 STAT. L., 1436). Section 1. That all officers of the First Kansas Colored Volunteers who were mustered into the service of the United States on or before the second day of May, eighteen hundred and sixty-three, shall take rank and be entitled to pay from the date when they respectively held and performed the duties of their rank in said regiment, or in the companies or battalions of which said regiment was composed, of a rank equal to the rank they respectively held when mustered into the service of the United States in said regiment.
Sec. 2. That Captain Andrew I. Crew, Corporal Joseph Talbot, Privates Marion Barber, Samuel Davis, Henry Gash, Thomas Lane, Allen Rhodes, and John Sixkiller, who were killed in action at Island Mound, Missouri, October twenty-eighth, eighteen hundred and sixty-two, whilst on duty with the companies and battalions of which said regiment was subsequently composed, shall be entitled to the rank, pay, and emoluments conferred by section one of this act.
Sec. 3. That Privates Edward Curtis, Jacob Edwards, Lazarus Johnson, General Dudley, Manuel Dobson, and Thomas Knight, of said companies and battalions, who were wounded in action at Island Mound, Missouri, October twenty-eighth, eighteen hundred and sixty-two, but were not mustered into the United States service, shall be entitled to all rights, privileges, and benefits conferred upon wounded or disabled soldiers by the provisions of the United States pension laws.
Note: Notice how this expansion pushes the dates of pensions back before these USCT units were mustered into active service but were already fighting.