The 1870 Census
One of the most challenging goals of African American genealogy is to go beyond the 1870 U.S. Federal Census. Some call it the “1870 Brick Wall,” while others call it the “1870 Divide.” The 1870 census was the first taken after the Civil War and after the passage of the 13th Amendment, which made slavery illegal, and was ratified on Dec. 6, 1865.
African American genealogists face unique problems tracing their ancestors. The most important of these problems is that enslaved people were considered property; they were not citizens of the United States. They were prohibited from engaging in legal transactions, even a marriage contract. Because enslaved people had no legal status and were unable to read or write, there is a lack of records initiated by them; records of the enslaved are found among the business records of the enslaver.
The 1870 census was the first federal census to enumerate formerly enslaved African Americans by surname. Start by looking for an individual in the 1950 Federal Census, using the details from it to search for your family in the 1940 census, using details from the 1940 census to find family in the 1930s, and so on until you get to the 1870 census. If your ancestor was not alive during the 1950 census, work backward until you locate the ancestor in an earlier census. Continue working backward until you reach the 1870 census.
Was your ancestor free or enslaved? The response to that question determines your next step. Review the 1860 Slave Schedule; if your ancestor was enumerated by his or her full name, then he/she was free. Continue to go back and find your free ancestor in the 1840 census, then 1830, etc., until you have exhausted the search. Enslaved men, women, and children were not enumerated by names. If you cannot find your ancestors listed by name in the Slave Schedules, then they were probably enslaved like the majority of African Americans in the United States. Your journey to find an enslaved ancestor just got a lot more complicated. However, the absence of an ancestor’s surname on the 1860 Census does not necessarily mean your ancestor was enslaved.
The last enslaver
Your goal at this point is to find your ancestor’s last enslaver. Reexamine the 1870 census carefully. Pay attention to the birthplace written in the 1870 census. If your ancestors were living in Louisiana but their birthplace is Maryland, try to determine how they got to Louisiana. Pay attention to the neighbors who are enumerated alongside your ancestor. Are there people with the same surname? Is there a plantation or white land-owning families in the same enumeration district? If you have problems locating the enslaver, examine the pages surrounding your ancestor’s residence in the 1870 census. Many formerly enslaved people stayed near the plantations where they were enslaved, and some may have adopted their enslaver’s surname.
Check the 1860 federal census and the 1860 Slave Schedules for potential enslavers. After locating a potential enslaver, the next step is to search for his property and probate records at the county/parish courthouse. Enslaved people were usually identified by their first names in those records.
Repeat this process for every ancestor on your pedigree chart. You may be searching for one person in the 1870 Census but could find a family. Although it may seem tedious, I promise you will soon be doing the Happy Dance when your efforts start to pay off.