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]
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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.