STATUS PRAWNY AFROAMERYKANÓW I OCHRONA PRAWNA ŻOŁNIERZY KOLOROWYCH W CZASIE WOJNY SECESYJNEJ (1861-1865)

Abstract

Legal status of African Americans certainly was one of the factors that influenced the treatment of USCT soldiers. Even though free blacks had some limited rights already in the colonial times, nevertheless just after the War of Independence they had been consecutively pushed out of American society. This policy was confirmed i.e. in the Naturalization Act of 1790 or in Supreme Court’s decision in Dred Scott case, which sanctioned inability of African Americans to obtain US citizenship. Similarly looked the issue of the service of blacks in the army. Restrictions introduced after the War of Independence practically eliminated blacks from the U.S. Army, formally till 1863. Interestingly, already during the first phase of the Civil War (1861-1862) Union army started to use fugitive slaves and “contraband of war”, also first units were raised. Mass enlistment to the colored troops, that occurred after enforcement of Emancipation Proclamation, forced Union authorities to make a stand on the issue of legal protection of black soldiers. In theory, from the very beginning, it should be the same as in case of whites. In practice, it occurred that such assertions were insufficient, and that the only reaction to the mistreatment of POW’s from USCT was halting of prisoners exchange. From the Confederate perspective the biggest issue in creating coherent policy toward African Americans was their different status (slaves from the Confederate territory; slaves from the Union territory; free blacks; volunteers; draftees, etc.). That in turn implied another difficulty – how to deal with captives? Treat them as regular POW’s? As criminals? Or maybe avoid the dilemma, and kill them instantly? All these problems caused, that Confederate policy on this issue was incoherent and chaotic.