SPECIMENS OF DEEDS AND WILLS, 1806-1833 111 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." 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." Extract from the will of Aylette Hawes, of Rappahannock County, dated the 9th August, 1832, and admitted to probate 7th October, 1833: 'See Will Book No. 1, p. 109, Clerk's Office, Pittsylvania County, Virginia. 'See Will Book N., p. 383, Prince William County, Virginia. 112 SPECIMENS OF DEEDS AND WILLS, 1806-1833 "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." 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, '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. SPECIMENS OF DEEDS AND WILLS, 1806-1833 113 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.1 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.' 'Life of John Randolph, Garland, Vol. II, p. 149. "Will Book No. 1, p. 57, Clerk's Office, Fairfax County, Virginia. Mr. Fitzhugh was the maternal uncle of Mrs. Robert E. Lee. SPECIMENS OF DEEDS AND WILLS EMANCIPATING THE deeds and wills during the period from 1833 to the Civil War made increasingly large provisions for the removal and colonization of the freedmen. It may be also noted that arraignments of slavery became very rare during that period. The same influences which almost hushed the voice of anti-slavery orators in Virginia, were effective in banishing from the deeds and wills of emancipators expressions which might give aid and comfort to the men who were daily denouncing the civilization and morality of the state. Though these arraignments might almost stop the discussion of slavery in Virginia, yet they could not destroy the sentiment in favor of emancipation. The liberation of slaves continued without diminution down to the outbreak of the Civil War. It may be also noted that these instances of emancipation go far to disprove the charge that the Virginia friends of negro colonization were inspired simply by a desire to remove the free negroes from the state in order to make more sure the tenure by which they held their slaves. John Randolph of Roanoke, General Blackburn, Bishop Meade, William Henry Fitzhugh and George Washington Parke Custis were all leaders in the colonization movement, and all of them emancipated their slaves. Extract from the will of Samuel Blackburn of Bath County, dated the 30th of October, 1834: "That all the slaves of which I may die seized and SPECIMENS OF DEEDS AND WILLS, 1833-1860 115 possessed, without distinction of age or sex, be, and they are hereby, declared free and forever emancipated, &c. . . And as soon as the necessary arrangements can be made by my executors they shall be transported to the American Colony in Liberia and the expense of transportation be charged upon my estate, real and personal. It is, however, expressly and implicitly understood that if any of my slaves aforesaid refuse to accept this boon it will be the duty of my executors and they are hereby requested so to do, to sell to the highest bidder in terms of the sale all who thus refuse and persevere in refusal, as slaves for life. And here let me admonish and warn these people how they let slip this golden moment of emancipating themselves and their posterity forever from that state of slavery and degradation in which I found them and in which many of them have long served me." By a codicil the testator provided that with respect to any slaves who might refuse to accept their freedom upon condition that they be transported to Liberia, his executors should not sell them separately but in families and by private sale to considerate masters.' Extract from the will of Carter H. Edlow of Prince George County, dated the 20th of March, 1838, and admitted to probate the 13th of August, 1844: "I desire that my estate shall be kept together and cultivated to the best advantage until a sufficient sum can be raised to pay my debts, should there be any deficiency in the amount of money on hand and debts due me, and to raise a sufficient sum to pay for the transportation of my slaves to any free state or colony which they may prefer and give to each slave fifty dollars on their departure. It is not my wish to force them away without their consent; in the event of any of them preferring to remain in slavery they must take the disposition hereinafter directed." 'Will Book No. 14, p. 263, Clerk's Office, Bath County, Virginia. |