Black Confederates


Black Confederates is a term often used to describe both enslaved and free African Americans who filled a number of different positions in support of the Confederate States of America during the American Civil War (1861–1865). Most often this assistance was coerced rather than offered voluntarily. Enslaved men were either hired out by their enslavers or impressed to work in various departments of the Confederate army. Free Black men were also routinely impressed or otherwise forced to perform manual labor for the army. The government’s use of Black labor, whether free or enslaved, followed patterns established during the antebellum period, when county governments routinely engaged the service of Black men to help maintain local roads and other public property. While large numbers of Black men thus accompanied every Confederate army on the march or in camp, those men would not have been considered soldiers. Only a few Black men were ever accepted into Confederate service as soldiers and none did any significant fighting. Through most of the war, the Confederate government’s official policies toward Black men maintained that those men were laborers, not soldiers; changes to that policy in March 1865 came too late to make any difference to Confederate prospects for victory.

African Americans Respond to the Outbreak of War

Pickets of the First Louisiana "Native Guard" Guarding the New Orleans

When the state of Louisiana announced its secession on January 26, 1861, a group of free Black men from New Orleans offered their services to the state, and were organized as the Louisiana Native Guards. Most were creoles, or people of mixed French and African ancestry, and many had been free since the Natchez Rebellion of 1729, long before New Orleans was even part of the United States. Some even owned enslaved laborers themselves. The state, and then the Confederacy, accepted the unit and occasionally gave its members roles in ceremonies or parades, but refused to allow them into battle. When New Orleans fell to Union forces in April 1862, the Louisiana Native Guards offered their unit’s services to Union general Benjamin F. Butler. Butler initially refused, but in September 1862 the First Louisiana Native Guards was mustered into United States service. Two additional regiments soon joined them.

While the story of the Louisiana Native Guards is unique, some elements of the unit’s experience were more common. At the outset of the war, some free African American men offered their services to the Confederacy, although most often as manual or skilled laborers rather than soldiers. These men had three likely motivations. Based on their antebellum experiences, many no doubt anticipated that local and state governments would eventually press them into service and were attempting to maintain some control over their work assignments by volunteering. In addition, those free African American families who survived and thrived in the antebellum South did so because they had the support of prominent white community members. By offering to serve the Confederacy, they may have hoped to solidify that support and perhaps make a claim for postwar citizenship in the new country. The story of the Louisiana Native Guards is instructive, as the unit’s members chose to align themselves with whichever army was in power. Finally, free Blacks had homes, families, farms, and businesses to defend, and no logical reason to believe that the invading Union army would treat them any better than their white neighbors.

Another element of the Native Guards’ story—the fact that the Confederate and state governments did not trust them—was also evident elsewhere. Across the South, free and enslaved African Americans faced new restrictions on their movements and activities at the start of the war. In Georgia, Savannah’s famed Black fire companies were eliminated. In Virginia, the Richmond city council attempted to outlaw the practice of hired enslaved people living independently of their owners. Newly formed white militia units chose to drill near independent Black churches, perhaps as a means of intimidation. As the war progressed and the much-feared slave insurrection failed to materialize, some of these restrictions eased, but it is clear that many white Southerners viewed African Americans, whether enslaved or free, as potential liabilities.

Free Blacks Ordered to Serve the Confederacy
Free Blacks Ordered to Serve the Confederacy
List of Free Negroes in Franklin County
List of Free Negroes in Franklin County

Yet if state and local leaders feared the potential violence of Black men, they also recognized the value of those men’s labor. While some free Blacks volunteered to work on behalf of the Confederacy, many more were forced to do so. The practice of impressing free and enslaved Black men to perform manual labor for the army, particularly the Engineer Department, began at the local level with individual commanders and city leaders. But impressment became more centralized over the course of the war. Many states enacted legislation regulating the impressment of free and enslaved Blacks in the fall and winter of 1862. The Confederate Congress passed its own law in March 1863. Routine impressment calls throughout the rest of the war forced thousands of free and enslaved Black men into service. These men typically served terms of two to three months digging trenches or building fortifications for the Engineer Department. Many other departments and units within the Confederate army regularly hired free and enslaved African Americans, as did private companies that provided services or materials to the government. Black Southerners, most often under some form of compulsion, thus worked as teamsters, tanners, carpenters, blacksmiths, mechanics, nurses, cooks, and laundresses for the benefit of the Confederate war effort.

Escaped Slaves at Fort Monroe

Some Black Southerners, rather than working for the Confederate army by force or by choice, chose to offer their assistance to the Union army. Approximately 500,000 enslaved people, mostly young men, escaped to Union lines over the course of the war. Initially, they met with a mixed response. Some commanders insisted that the “contrabands,” as they soon came to be called, be returned to their enslavers, but many saw the logic in employing these men to perform the same types of tasks for the Union cause that Black men had performed for the Confederacy. (Benjamin Butler helped to initiate this policy by accepting contraband labor at Fort Monroe in Virginia.) The First Confiscation Act of August 1861, the Second Confiscation Act of July 1862, and eventually the Emancipation Proclamation of January 1863 treated these self-emancipated enslaved people as confiscated property that could now be used for the benefit of the Union armies.

African American Refugees

Confederate Policies Regarding Black Soldiers

Black Troops Near Petersburg

Although the Confederate Congress and high command would, in the waning weeks of the war, allow the enlistment of Black men as Confederate soldiers, their initial reaction to the decision of the Union army to put Black men in uniform was one of horror and disgust. The United States began actively recruiting Black men for military service in September 1862, after U.S. president Abraham Lincoln issued his preliminary Emancipation Proclamation. In white Southerners’ eyes, those Black soldiers were rebellious enslaved laborers and their white officers were guilty of inciting servile insurrection. Both could be executed under Southern state laws, and Confederate president Jefferson Davis ordered that all Black men captured in Union uniforms be either executed or re-enslaved. More often, they were put to work on Confederate fortifications alongside impressed enslaved laborers. As far as Confederate leaders were concerned, Black men were laborers, not soldiers.

A few leaders disagreed. In December 1863, Confederate general Patrick R. Cleburne wrote a memorandum advocating the emancipation and enlistment of Black men as Confederate soldiers. He circulated the proposal among his peers and gained fifteen additional signatures before sending it to his commanding officers, Secretary of War James A. Seddon, and President Davis. The Davis administration, receiving the proposal in January 1864, not only declined to present it to the Confederate Congress, but also ordered Cleburne and his colleagues to cease all discussion of the subject. Despite this order, and despite Cleburne’s death at the Battle of Franklin (1864), the debate was never fully squelched. It gained wide circulation in November and December of 1864 as Confederate leaders sought to address their increasing numerical disadvantage on the battlefield.

Potential African American Recruits for the Confederate Army

On February 10, 1865, with support from the Davis administration, Congressman Ethelbert Barksdale of Mississippi introduced a bill in the Confederate Congress granting Davis the power to accept Black men as soldiers, but only with their enslavers’ permission. Enslavers also were permitted, but not required, to emancipate enslaved men who completed terms of service in the Confederate army. After strenuous debate, and with the endorsement of General Robert E. Lee, the Confederate House of Representatives narrowly passed this bill on February 20 and sent it to the Senate. That body had already defeated a bill calling for the involuntary enlistment of 200,000 Black men, and would likely have defeated the Barksdale bill had not Virginia’s two senators, R. M. T. Hunter and Allen T. Caperton, changed their votes due to instructions from the General Assembly. The Senate, by a one-vote margin, approved a slightly amended version of the Barksdale bill on March 8; Davis signed it into law on March 13, 1865. In the intervening days, the General Assembly passed a law explicitly allowing black men to carry rifles, which state law previously had prohibited. North Carolina’s elected officials, by contrast, published their objections to the measure in a series of legislative resolutions.

The War Department, however, acted quickly upon the new legislation, and General Orders No. 14 authorized the enlistment of free Blacks as well as enslaved men whose enslavers signaled their approval by manumitting them before enlistment. No men still enslaved would be accepted as Confederate soldiers. Newspapers throughout the Confederacy immediately reported the widespread enlistment of thousands of Black soldiers, but the actual results were far more modest. Only two units were ever created, both in Richmond. The first enrolled approximately sixty orderlies and nurses from Winder and Jackson Hospitals; the second, created at a formal recruiting center, never numbered more than ten recruits. The first company was hastily put into the trenches outside Richmond for a day in mid-March, but the unit canceled a parade scheduled for the end of the month due to the fact that the men lacked uniforms and rifles. Based on this, it is unclear how much fighting they could have done. The second unit was housed in a former prison and carefully watched by military police, suggesting that white Confederate officers did not trust these new Black soldiers.

Black Confederates in Memory and Imagination

Confederate Reunion

After the war, many different groups and governments proposed interpretations of African Americans’ service to the Confederacy. The Southern Claims Commission, established by the United States Congress to compensate loyal Southerners for property taken by Union forces during the war, tended to assume that Black Southerners (especially enslaved people) had remained loyal to the Union. They saw Black service on Confederate fortifications or in businesses supporting the Confederate war effort as the result of force rather than inclination. Early in the twentieth century, most southern states expanded their pension laws to offer compensation to Black men and women who had worked on behalf of the Confederacy, but those laws contained no provisions suggesting that Black men could claim pensions as soldiers. The United Daughters of the Confederacy proposed a series of monuments to “loyal slaves” as part of its commemorative efforts late in the nineteenth century, while the United Confederate Veterans took pains to highlight the occasional Black man who attended a reunion wearing a Confederate uniform. (The “loyal slave” is a traditional feature of the Lost Cause view of the war.)

Most likely, those men had served as body servants rather than actual soldiers during the war. Black men had formed a large and highly visible portion of the population at every major Confederate army encampment, but not as soldiers. They washed clothes, cooked meals, cared for the personal property of individual enslavers, groomed horses, drove wagons, unloaded trains, built walls and bridges, and nursed the wounded. One formerly enslaved man, when interviewed by an employee of the Works Progress Administration, claimed he had done a soldier’s work during the war, and this was certainly a valid interpretation. Black men serving the Confederate army did almost all of the tasks that actual Confederate soldiers did on a regular basis—everything except fighting in battle. And while it is possible (perhaps even probable) that a few of the personal body servants or hired enslaved people working in camps could have picked up a gun and joined a battle at one point or another, there is no credible evidence to suggest that large numbers of them did so. Certainly, their numbers are statistically insignificant when compared with the thousands of Black men who were forced to perform manual labor for the Confederate armies.

In recent years, anecdotes about Black men who may have served in this capacity, or who demonstrated some aspects of Confederate patriotism or loyalty, have become a staple feature in online discussions of the Civil War. White southern groups like the Sons of Confederate Veterans have often been at the forefront of this publicity, although stories of Black Confederates also come from African Americans who wish to emphasize the heroism and manhood of their ancestors rather than a legacy of slavery. Many of these groups are motivated by a laudable desire to acknowledge the shared histories of Black and white Southerners, rather than telling the story of the Civil War from a purely white perspective, but they go too far when they suggest that Black Southerners’ service on behalf of the Confederacy demonstrates voluntary support for its objectives. The history of the Louisiana Native Guards or the “hospital” company formed in Richmond in March 1865 demonstrates that there were Black men who chose to fight for the Confederacy as a means to obtain personal or familial goals, although it is important to remember that their freedom of choice was often limited by the legal prescriptions of slaveholding societies. These examples of Black Confederates should not undermine two fundamental realities: the Confederate States of America was founded primarily to protect the institution of slavery, and slavery was at its heart an institution based on violence and exploitation.

January 26, 1861
A group of free black men in New Orleans, Louisiana, offers its services to the state, forming the Louisiana Native Guards.
August 6, 1861
With the First Confiscation Act, the U.S. Congress sustains Fort Monroe commander Benjamin F. Butler's "contraband of war" decision. It declares that any slave used for military purposes against the United States can be confiscated.
April 1862
When New Orleans falls to the Union, the black Louisiana Native Guards, once a Confederate unit, now offers its services to Union general Benjamin F. Butler.
July 17, 1862
The U.S. Congress passes the Second Confiscation Act, which calls for a fine, a prison sentence, possible execution, the confiscation of property, and the emancipation of slaves of anyone convicted of treason against the United States.
January 1, 1863
Abraham Lincoln issues the Emancipation Proclamation, declaring free all enslaved people in Confederate-controlled regions and authorizing the enlistment of Black men in the Union army.
March 26, 1863
The Confederate Congress passes the Impressment Act, allowing it to impress, or seize, food, fuel, slaves, and other commodities to support armies in the field. Discontent with the law is exacerbated by what is perceived as the government's haphazard enforcement of the law, its setting of below-market prices, and its abuse of labor.
December 1863
Confederate general Patrick R. Cleburne writes a memorandum advocating the emancipation and enlistment of black men as Confederate soldiers.
January 1864
Confederate president Jefferson Davis receives a proposal from General Patrick R. Cleburne and others advocating the emancipation and enlistment of black men as Confederate soldiers. Davis refuses to consider it and orders Cleburne to stop discussing it.
February 10, 1865
With the support of Jefferson Davis, Confederate congressman Ethelbert Barksdale of Mississippi introduces a bill granting Davis the power to accept black men as soldiers, but only with their masters' permission.
February 20, 1865
The Confederate House of Representatives narrowly passes a bill granting Jefferson Davis the power to accept black men as soldiers, but only with their masters' permission.
March 8, 1865
The Confederate Senate, by a one-vote margin, passes a slightly amended version of a bill allowing black men to serve as soldiers.
March 13, 1865
Confederate president Jefferson Davis signs a bill, first introduced by Ethelbert Barksdale of Mississippi, allowing black men to serve as soldiers.
March 1865
The General Assembly passes a law explicitly allowing black men to carry rifles. Two Confederate units of black men are formed in Richmond; evidence suggests they did not fight and were not trusted by white Confederate officers.
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APA Citation:
Martinez, Jaime. Black Confederates. (2020, December 07). In Encyclopedia Virginia. https://encyclopediavirginia.org/entries/black-confederates.
MLA Citation:
Martinez, Jaime. "Black Confederates" Encyclopedia Virginia. Virginia Humanities, (07 Dec. 2020). Web. 21 Jul. 2024
Last updated: 2023, February 07
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