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Because of natural increase since 1786, the Mount Vernon slave population had soared from 216 to 317, of whom Washington owned outright 124, with 40 rented from a neighbor, Penelope Manley French. The remaining 153 dower slaves, who belonged to the Custis estate, would be inherited by her grandson after Martha died. Writing to Robert Lewis on August 17, 1799, Washington reflected on the baffling conundrum posed by the excess slaves: “To sell the overplus [of slaves] I cannot, because I am principled against this kind of traffic in the human species. To hire them out is almost as bad because . . . to disperse the families I have an aversion. What then is to be done? Something must or I shall be ruined.”8 He possessed “a thorough conviction that half the workers I keep on this estate would render me a greater net profit than I now derive from the whole.”9 That he owned fewer than half the slaves himself perhaps set the stage for the most courageous action of his career. If he emancipated his own slaves in his will, he would satisfy his conscience, set a sterling example for futurity, and still leave a viable plantation behind. In 1799 a convenient convergence of economic and moral factors enabled Washington to settle the issue that had so long gnawed at his mind.

George and Martha Washington had to perceive that their smartest slaves and those in highest standing were most likely to escape, Hercules and Ona Judge being prime recent examples. In early 1798 a slave called Caesar, in his late forties and able to read and write, ran away. Partial to black-and-white clothing, he had functioned as a self-appointed preacher among Mount Vernon’s slaves. In a runaway slave notice inserted in the newspaper, Washington offered a reward for Caesar’s arrest and attested that he had fled “without having received any correction, or threats of punishment, or, in short, without any cause whatever.”10 The escape formed part of a now-familiar pattern: seemingly docile slaves quietly bided their time, called no attention to themselves, then suddenly fled when the moment was propitious.

After Billy Lee was crippled, Washington had turned to a young slave, Christopher Sheels, as his body servant. After Washington stepped down as president, Sheels had been bitten by a rabid dog. Washington valued him so highly that he sent him back to Pennsylvania for treatment, informing the doctor there that “besides the call of humanity, I am particularly anxious for his cure, he being my own body servant.”11 When Sheels asked Washington for permission to marry a mulatto slave on another plantation, Washington blessed the match, even though it opened up fresh temptations for Sheels to escape. In September 1799 Washington discovered that Sheels indeed intended to flee with his bride aboard a ship. Although Washington must have reprimanded him, there is no evidence that he punished him. The incident surely made him question anew the wisdom of owning human beings who naturally yearned to be free, no matter how well treated. Over the previous four decades, at least forty-seven slaves belonging to George and Martha Washington had made a brave dash for freedom.12

Always a methodical, well-organized man, George Washington experienced the “greatest anxiety” about leaving his affairs in order after he died. No less than in life, he craved the world’s posthumous approval and was eager “that no reproach may attach itself to me when I have taken my departure for the land of spirits.”13 In early July 1799 he summoned up the courage, in the seclusion of his study, to draft a remarkable new will. He did not use a lawyer and laboriously wrote out the twenty-nine pages in his own handwriting, disclosing his plans to nobody. In the text, he mentioned that “no professional character has been consulted,” observed that it had taken many “leisure hours to digest” the document, and hoped it wouldn’t “appear crude and incorrect”—an odd apology for an ex-president, harking back one last time to his insufficient education.14 Everything was spelled out with painstaking precision, including an inventory that listed 51,000 acres of land.

In a comprehensive catalog of his slaves, Washington divided them by farms and jotted down their names and ages. These statistics offered dramatic proof that, without prompt remedial action, his slave population would burgeon. Of the 277 slaves he and Martha controlled, no fewer than 98 were under the age of twelve. The trickiest issue he faced was strikingly evident: 90 slaves were reported as married. Many of Washington’s slaves had married Martha’s dower slaves or else slaves at nearby plantations.

The portions of the will relating to the slaves stand out as written with special vigor. At the outset, Washington referred to Martha as “my dearly beloved wife” and gave her the use of his whole estate.15 He made clear that he did not want to deprive her of income generated by the slaves as long as she lived: “Upon the decease [of] my wife, it is my will and desire th[at] all the slaves which I hold in [my] own right shall receive their free[dom].”16 While he had “earnestly wished” to free them upon his own death, that would entail breaking up marriages between his own slaves and dower slaves, provoking “the most painful sensations, if not disagreeable consequences.”17 Of course, waiting to free the slaves he owned until Martha died only postponed the problem instead of solving it. (Martha could not free the dower slaves, who were committed to the Custis heirs.) Mindful of the young and elderly slaves who might have difficulty coping with sudden freedom, Washington made special provision that they “shall be comfortably clothed and fed by my heirs while they live.”18 At a time when black education was feared as a threat to white supremacy, Washington ordered that the young slaves, before being freed, should “ be taught to read and write and to be brought up to some useful occupation.”19 He also provided a fund to care for slaves too sick or aged to enjoy the sudden fruits of freedom. Unlike Jefferson, Washington did not wish to banish free blacks from Virginia and made no mention of colonizing them elsewhere, as if he foresaw them becoming part of a racially mixed community. Nor did he express fear of racial intermingling once his slaves were emancipated. He must have had a premonition that Martha or other family members would water down or bypass these daring instructions, so he expressly said that they should be “religiously fulfilled” by the executors.20

Singled out for special treatment was Billy Lee, who had earned an honored place in the annals of Washington’s life. Now incapacitated by his knee troubles, he worked as a shoemaker at the Mansion House farm. Washington directed that “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, shall be optional in him to do so. In either case, I allow him an annuity of thirty dollars during his natural life” beyond the food and clothing he already received. Washington gratefully acknowledged “his attachment to me and . . . his faithful services during the Revolutionary War.”21

By freeing his slaves, Washington accomplished something more glorious than any battlefield victory as a general or legislative act as a president. He did what no other founding father dared to do, although all proclaimed a theoretical revulsion at slavery. He brought the American experience that much closer to the ideals of the American Revolution and brought his own behavior in line with his troubled conscience. On slave plantations, the death of a master usually unleashed a mood of terror as slaves contemplated being sold to other masters or possibly severed from their families. Now Washington reversed the usual situation, relieving the dread and making the death of the master and mistress an occasion for general rejoicing among the slaves—at least if one set aside the thorny complexities of the intermingling through marriage of Washington’s slaves and Martha’s dower slaves.