/

Document

/

Excerpt

Last Will and Testament
July 9, 1799
Edited and introduced by
In one of the last acts of his illustrious life, George Washington (1732–1799) provided for the emancipation of his enslaved people. In his Last Will and Testament, Washington wrote that “Upon the decease of my wife, it is my Will and desire that all the slaves I hold in my own right, shall receive their freedom,” and he forbade “the sale of any slave in his possession.” Washington instructed his heirs to provide for their care of those too old or infirm to live on their own until their death. He told his heirs to teach the enslaved children who did not have a parent or guardian to care for them, to read and write, and train them in “some useful occupation” before they were emancipated. However, Washington did not have the legal authority to emancipate all the enslaved people who labored for him. Some of the enslaved people belonged to his wife Martha Washington (1731–1802), who had inherited them upon the death of her first husband. Some of the enslaved people legally belonging to Martha had intermarried with those who Washington could legally free. The situation was complex. It forced Washington to think carefully about the variety of decisions that his laborers might make upon gaining freedom. The will is not solely devoted to Washington’s desires about the enslaved people. It details his wishes for the land, stocks, and investments that he owns. Some stock was to be used to establish a national university in the District of Columbia, a dream never realized. Washington’s will also listed several prized possessions that he bequeathed to friends. For example, he left a gold-headed cane Benjamin Franklin gave him to the revolutionary hero Marquis de Lafayette (1757–1834).

Document

In the name of God, Amen.

I GEORGE WASHINGTON of Mount Vernon, a citizen of the United States, and lately President of the same, do make, ordain and declare this Instrument; which is written with my own hand and every page thereof subscribed with my name, to be my last Will & Testament, revoking all others.

Imprimus1. All my debts, of which there are but few, and none of magnitude, are to be punctually and speedily paid; and the Legacies hereinafter bequeathed, are to be discharged as soon as circumstances will permit, and in the manner directed. Item. To my dearly beloved wife Martha Washington I give and bequeath the use, profit and benefit of my whole Estate, real and personal, for the term of her natural life; except such parts thereof as are specially disposed of hereafter: My improved lot in the Town of Alexandria, situated on Pitt and Cameron Streets, I give to her & her heirs forever; as I also do my household and kitchen furniture of every sort and kind, with the liquors and groceries which may be on hand at the time of my decease; to be used and disposed of as she may think proper.

Item Upon the decease of my wife, it is my Will and desire, that all the slaves which I hold in my own right, shall receive their freedom. To emancipate them during her life, would, tho’ earnestly wished by me, be attended with such insuperable difficulties on account of their intermixture by Marriages with the Dower Negroes, as to excite the most painful sensations, if not disagreeable consequences from the latter, while both descriptions are in the occupancy or the same Proprietor; it not being in my power, under the tenure by which the Dower Negroes2 are held, to manumit them. And whereas among those who will receive freedom according to this devise, there may be some, who from old age or bodily infirmities, and others who on account of their infancy, that will be unable to support themselves; it is my Will and desire that all who come under the first and second description shall be comfortably clothed and fed by my heirs while they live; and that such of the latter description as have no parents living, or if living are unable, or unwilling to provide for them, shall be bound by the Court until they shall arrive at the age of twenty-five years; and in cases where no record can be produced, whereby their ages can be ascertained, the Judgment of the Court, upon its own view of the subject, shall be adequate & final. The Negroes thus bound, are (by their Masters or Mistresses), to be taught to read and write; & to be brought up to some useful occupation, agreeably to the Laws of the Commonwealth of Virginia, providing for the support of orphan & other poor Children. And I do hereby expressly forbid the sale, or transportation out of the said Commonwealth of any Slave I may die possessed of, under any pretence whatsoever. And I do moreover most pointedly, and most solemnly enjoin it upon my Executors hereafter named, or the survivors of them, to see that this clause respecting Slaves, and every part thereof be religiously fulfilled at the Epoch at which it is directed to take place; without evasion, neglect or delay, after the Crops which may then be on the ground are harvested, particularly as it respects the aged & infirm; Seeing that a regular & permanent fund be established for their support so long as there are subjects requiring it; not trusting to the uncertain provision to be made by individuals. And to my Mulatto man, William (calling himself William Lee) I give immediate freedom; or if he should prefer it (on account of the accidents which have befallen him, and which have rendered him incapable of walking or of any active employment.) to remain in the situation he now is, it shall be optional in him to do so: In either case however, I allow him an annuity of thirty dollars during his natural life, which shall be independent of the victuals and clothes he has been accustomed to receive, if he chooses the last alternative: but in full with his freedom, if he prefers the first: & this I give him as a testimony of my sense of his attachment to me, and for his faithful services during the Revolutionary War.

Item To the Trustees (Governors, or by whatsoever name they may be designated) of the Academy in the Town of Alexandria, I give and bequeath, in Trust, four thousand dollars, or in other words twenty of the shares which I hold in the Bank of Alexandria, towards the support of a Free school, established at, and annexed to, the said Academy; for the purpose of educating such orphan children, or the children of such other poor & indigent persons as are unable to accomplish it with their own means: and who, in the judgment of the Trustees of the said Seminary, are best entitled to the benefit of this donation. The aforesaid twenty shares I give and bequeath in perpetuity: the dividends only of which are to be drawn for, and applied by the said Trustees for the time being, for the uses above mentioned; the stock to remain entire and untouched; unless indications of a failure of the said Bank should be apparent, or discontinuance thereof should render a removal of this fund necessary; in either of these cases, the amount of the Stock here devised, is to be vested in some other Bank or public Institution, whereby the interest may with regularity & certainty be drawn, and applied as above. And to prevent misconception, my meaning is, and is hereby declared to be, that these twenty shares are in lieu of, and not in addition to, the thousand pounds given by a missive letter some years ago; in consequence whereof an annuity of fifty pounds has since been paid towards the support of this Institution.

Item Whereas by a law of the Commonwealth of Virginia, enacted in the year 1785, the Legislature thereof was pleased (as an evidence of Its approbation of the services I had rendered the public during the Revolution; & partly, I believe, in consideration of my having suggested the vast advantages which the community would derive from the extension of its Inland Navigation, under Legislative patronage) to present me with one hundred shares of one hundred dollars each, in the incorporated company established for the purpose of extending the navigation of James River from tide water to the Mountains: and also with fifty shares of one hundred pounds Sterling each, in the Corporation of another company, likewise established for the similar purpose of opening the Navigation of the River Potomac from tide water to Fort Cumberland; the acceptance of which, although the offer was highly honorable and grateful to my feelings, was refused, as inconsistent with a principle which I had adopted, and had never departed from, namely, not to receive pecuniary compensation for any services I could render my Country in its arduous struggle with Great Britain, for its Rights: and because I had evaded similar propositions from other States in the Union; adding to this refusal, however, an intimation that, if it should be the pleasure of the Legislature, to permit me to appropriate the said shares to public uses, I would receive them on those terms with due sensibility; and this it having consented to, in flattering terms, as will appear by a subsequent Law, and sundry resolutions, in the most ample and honorable manner, I proceed after this recital, for the more correct understanding of the case, to declare:

That as it has always been a source of serious regret with me, to see the youth of these United States sent to foreign Countries for the purpose of Education, often before their minds were formed, or they had imbibed any adequate ideas of the happiness of their own; contracting, too frequently, not only habits of dissipation and extravagance, but principles unfriendly to Republican Government & to the true and genuine liberties of mankind; which, thereafter are rarely overcome. For these reasons, it has been my ardent wish, to see a plan devised on a liberal scale which would have a tendency to spread systematic ideas through all parts of this rising Empire, thereby to do away local attachments and State prejudices, as far as the nature of things would, or indeed ought to admit, from our National Councils. Looking anxiously forward to the accomplishment of so desirable an object as this is (in my estimation) my mind has not been able to contemplate any plan more likely to effect the measure than the establishment of a UNIVERSITY in a central part of the United States, to which the youth of fortune and talents from all parts thereof might be sent for the completion of their Education, in all the branches of polite literature in arts and Sciences, in acquiring knowledge in the principles of politics & good government; and (as a matter of infinite Importance in my judgment) by associating with each other, and forming friendships in Juvenile years, be enabled to free themselves in a proper degree from those local prejudices and habitual Jealousies which have just been mentioned; and which, when carried to excess, are never failing sources of disquietude to the Public mind, & pregnant of mischievous consequences to this Country: Under these impressions, so fully dilated.

Item I give and bequeath in perpetuity the fifty shares which I hold in the Potomac Company (under the aforesaid Acts of the Legislature of Virginia) towards the endowment of a UNIVERSITY to be established within the limits of the District of Columbia, under the auspices of the General Government, if that Government should incline to extend a fostering hand towards it; and until such Seminary is established, and the funds arising on these shares shall be required for its support, my further Will & desire is that the profit accruing there from shall, whenever the dividends are made, be laid out in purchasing Stock in the Bank of Columbia or some other Bank, at the discretion of my Executors; or by the Treasurer of the United States for the time being under the direction of Congress; provided that honorable body should Patronize the measure, and the Dividend proceeding from the purchase of such stock is to be vested in more stock, and so on, until a sum adequate to the accomplishment of the object is obtained, of which I have not the smallest doubt, before many years passes away; even if no aid or encouraged is given by Legislative authority, or from any other source…

Lastly, I constitute and appoint my dearly beloved wife Martha Washington, My Nephews William Augustine Washington, Bushrod Washington, George Steptoe Washington, Samuel Washington & Lawrence Lewis, and my ward George Washington Parke Custis, (when he shall have arrived at the age twenty years) Executrix and Executors of this Will and testament, In the construction of which it will readily be perceived that no professional character has been consulted, or has had any Agency in the draught; and that, although it has occupied many of my leisure hours to digest and to through it into its present form, it may, notwithstanding, appear crude & incorrect. But having endeavored to be plain, and explicit in all the Devises, even at the expense of prolixity, perhaps of tautology, I hope, and trust, that no disputes will arise concerning them; but if, contrary to expectation, the case should be otherwise, from the want of legal expression, or the usual technical terms, or because too much or too little has been said on any of the Devises to be consonant with law, My Will and direction expressly is, that all disputes (if unhappily any should arise) shall be decided by three impartial a intelligent men, known for their probity and good understanding; two to be chosen by the disputants, each having the choice of one, and the third by those two. Which three men thus chosen, shall, unfettered by Law, or legal constructions, declare their Sense of the Testator’s intention; and such decision is, to all intents and purposes to be as binding on the parties as if it had been given in the Supreme Court of the United States.

In witness of all, and of each of the things herein contained I have set my hand and Seal, this ninth day of July, in the year one thousand seven hundred and ninety and of the Independence of the United States the twenty fourth.

Source

“George Washington’s Last Will and Testament, 9 July 1799,” Founders Online, National Archives, https://teachingamericanhistory.org/h776.

Footnotes

  • Firstly
  • an enslaved person brought into a marriage or household through a widow's legal dower share from her previous husband's estate

Join Our Community
of Teachers

Teaching American History provides more than just the best programs and resources available for teachers. We provide a vibrant community of practice that is there for you at every stage of your teaching career.

Ideas, resources, & opportunities to engage

Subscribe to our eNewsletter.