SPECIMENS OF DEEDS AND WILLS, 1806-1833

During the time from 1806-1833 there seems to have been a diminution

in the number of emancipations, especially in the earlier years of

that period. This was doubtless to be accounted for by the

difficulties, resulting from the law, which required the removal of

the slave from the state within twelve months next succeeding his

emancipation. However, with the increase in the facilities of travel,

some of these practical difficulties were overcome, and during the

latter years of the period the number of emancipations annually made

were as large as, if not larger than, previous to the enactment of the

law.

Extract from the will of Charles Ewell, of Prince William County,

dated 8th October, 1823, and admitted to probate 3rd November, 1823:

"It is my will that all the increase of my negroes named shall be

free at the age of twenty-five, and their increase, if any, to be

free at the same age (those only who were born before their parents

arrived at the age of twenty-four), those born after to be liberated

with their mothers,"[156]

Extract from the will of John Smith, of Sussex County, dated 9th

November, 1825, and admitted to probate 2nd March, 1826:

"At the death of my beloved wife, I direct that all of my negroes,

without regard to age, sex or condition, with all their future

increase, be, by my executor, sent to the African Colonization

Settlement, established for the removal of free black persons of

color from the United States; and believing freedom to be the

natural birthright of all persons and having spent many of my best

days in defense thereof, I do hereby declare all of my said slaves

or negroes, with their future increase ... to be emancipated and

free ... from and after the death of my said wife. And I do hereby

give and grant to each of said negroes so emancipated, without

regard to age, sex or condition, one good serviceable hat, one pair

shoes and stockings, blanket and one year's provisions, exclusive of

ship provisions on board, to carry with them.... I hereby direct my

executors to pay all expenses of removing said emancipated slaves

out of any money that may be in their hands belonging to my

estate."[157]

Extract from the will of John Ward, Sr., of Pittsylvania County, dated

the 30th day of July, 1826 and recorded the 20th of November, 1826:

"It is my will and desire that all my slaves now living or which may

be living at the time of my death be free and I do hereby bequeath

to each and every one of them their freedom immediately upon my

death in as full and unlimited a manner as the laws of Virginia will

admit of. But should any of my slaves choose not to avail themselves

of this bequest of their freedom with the conditions which the law

may annex, then it is my will and desire that they have the

privilege of choosing their master who may take them at the

valuation of two good men, to be chosen by my executors, and should

the females thus electing choose to keep any of their children with

them it is my will that said children be at liberty to obtain their

freedom at the age of twenty-one years in the same manner.... I give

to all my slaves over fifteen years at the time of my death each the

sum of twenty dollars—excepting Davy and Nancy, having already

given them one hundred and fifty dollars each."[158]

Extract from the will of Martha E. Peyton, of Prince William County,

dated the 30th June, 1831, and admitted to probate October 3rd, 1831:

"Secondly, I do hereby will and direct that after my debts are paid

in the manner aforesaid that all my negroes without exception shall

be emancipated and have their freedom; they having served me during

my life and as I am unwilling for them to be kept in slavery or

owned by any person after my death."[159]

Extract from the will of Aylette Hawes, of Rappahannock County, dated

the 9th August, 1832, and admitted to probate 7th October, 1833:

"I do hereby free and emancipate all my slaves that I may own at my

death, that I may not hereafter dispose of; such of the said slaves

that are old and infirm, I wish to have the liberty of choosing

their place of residence with any of my relations, and to receive

from my estate such assistance as, with the work they are able to

do, will render them profitable without being an encumbrance where

they live; and to Jack, who, besides being old and infirm, is also

afflicted in his legs, I leave fifty dollars. Such of my said slaves

as are so nearly white as to render it unsafe for them to go to

Liberia I desire may be sent to the State of Ohio, or where slavery

is not tolerated, at the expense of my estate. I desire my said

slaves thus sent at the expense of my estate to Ohio, to be put

under the protection and patronage of David S. Dodge and his family

and that the said David S. may be amply compensated from my estate

for any trouble or expense he may be at in patronizing the said

slaves. I desire all my other slaves to be transferred to the proper

agent of the African Colonization Society, with twenty dollars each,

for their transportation to Liberia."[160]

Extract from will of John Randolph of Roanoke, dated May, 1819,

admitted to probate in 1833:

"I give to my slaves their freedom, to which my conscience tells me

they are justly entitled. It has a long time been a matter of

deepest regret to me that the circumstances under which I inherited

them and the obstacles thrown in the way by the laws of the land

have prevented my emancipating them in my lifetime, which it is my

full intention to do in case I can accomplish it."

The will makes provision for the purchase of land in some one of the

free states and for removing the ex-slaves, some three hundred and

fifty in number, to their new homes to be provided for them thereon,

the same to be equipped with farming utensils, etc.[161]

Extract from will of William H. Fitzhugh of Ravensworth, Fairfax

County, dated March 21, 1829:

"After the year 1850 I leave all my negroes unconditionally free,

with the privilege of having the expenses of their removal to

whatever places of residence they may select, defrayed. And as an

encouragement to them to emigrate to the American Colony on the

coast of Africa, where I believe their happiness will be most

permanently secure, I desire not only that the expense of their

emigration may be paid but that the sum of fifty dollars shall be

paid to each one so emigrating on his or her arrival in Africa."

The will makes provision for a fund to carry out the foregoing

directions.[162]

-----

Footnote 148:

_Deed Book No. 15_, p. 122, in Clerk's Office, Isle of Wight County,

Virginia.

Footnote 149:

_Deed Book No. 2_, p. 418, in Clerk's Office, Campbell County,

Virginia.

Footnote 150:

_Deed and Will Book No. 18_, p. 213, in the Clerk's Office,

Westmoreland County, Virginia.

Footnote 151:

_Idem_, p. 244.

Footnote 152:

_Deed Book for Year 1793_, in Clerk's Office of Washington County,

Abingdon, Virginia.

Footnote 153:

See _Will Book_ for 1797, Clerk's Office, Prince Edward County,

Farmville, Virginia.

Note: Mr. Randolph explained in his will that he did not emancipate

his slaves by deed because at the date his will was written they

were still bound for certain debts of his father from whom he

inherited them. In accordance with his will they were all, some two

hundred in number, finally set free. Richard Randolph was the

brother of John Randolph of Roanoke and a stepson of St. George

Tucker.

Footnote 154:

_Life of Washington_, Irving, Vol. V, p. 439.

Footnote 155:

See _Will Book for Year 1803_, Dinwiddie Court-House, Virginia.

Footnote 156:

See _Will Book M._, p. 103, Prince William County, Virginia.

Footnote 157:

See _Will Book K._, p. 322, Clerk's Office of Sussex County.

Note: The inventory of Smith's estate shows that he owned

forty-three slaves at the time of his death. Testator was a soldier

in the Revolutionary Army.

Footnote 158:

See _Will Book No. 1_, p. 109, Clerk's Office, Pittsylvania County,

Virginia.

Footnote 159:

See _Will Book N._, p. 383, Prince William County, Virginia.

Footnote 160:

See _Will Book A._, p. 16, Clerk's Office, Rappahannock County,

Virginia.

Note: Hawes was for many years a member of Congress from Virginia

and the inventory of his estate shows that at the time of his death,

he owned one hundred and five slaves.

Footnote 161:

_Life of John Randolph_, Garland, Vol. II, p. 149.

Footnote 162:

_Will Book No. 1_, p. 57, Clerk's Office, Fairfax County, Virginia.

Mr. Fitzhugh was the maternal uncle of Mrs. Robert E. Lee.

Virginia's Attitude Toward Slavery and Secession · 第 117 / 287 题