Black Children, Age Verification, and Federal Recognition of Children’s Agency, 1860–85

One of the most sought-after privileges that freedpeople longed to exercise was the opportunity to parent and protect their children. Whether they were infants, adolescents, or nearly-grown adults, free mothers and fathers dreamed of the day when they could prioritize their children’s best interests. However, many minors felt suffocated by the control their parents sought to wield over their lives. Tapping into the emancipatory spirit that surrounded them, minors used the post-Civil War period to advocate for their own independence. Just like any freedparent who used the Freedmen’s Bureau to reclaim custody of his child, freedchildren petitioned that they be released from their parents’ care for various reasons. Despite their age, lack of formal education, and nascent understanding of the new government and how it should serve them as citizens, freedchildren encouraged Bureau agents to regard them as capable of acting in their own best interests. This study shows that when minors voiced their custodial preference or penchant for independence, the Freedmen’s Bureau listened and often made a decision that upheld minors’ choices and desires. This essay dissects several battles between young people, mothers, fathers, former owners, and the federal agents who—more often than not—gave children the power to decide their fates. Relying on complaints submitted to local Freedmen’s Bureau offices, this paper explores the disproportionate levels of sympathy given to the emotions white and black guardians’ injected into their complaints, the instability of post-war parental authority, and the power that the federal government gave newly freed minors.