my recollection is that the only relevant statute is the 1782 law which limited manumission by age. What GW did was remarkable and unusual. By this time PA required that the children of slave women be educated in anticipation of their freedom under the 1780 and 1788 gradual abolition acts, and perhaps GW learned from this law and the pratice in PA, where he lived as president.
Here is the VA act
AN ACT TO AUTHORIZE THE MANUMISSION OF SLAVES
Laws of Virginia, 1782,Chap. LXI
I. Whereas application hath been made to this present generalassembly, that those persons who are disposed to emancipate their slaves may beempowered so to do, . . . Be it thereforeenacted, That it shall hereafter be lawful for any person, by his or herlast will and testament, or by any other instrument in writing under his or herhand and seal attested and proved in the county court by two witnesses, oracknowledged by the part in the court of the county where he or she resides, toemancipate and set free, his or her slaves, or any of them, who shall thereuponbe entirely and fully discharged from the performance of any contract enteredinto during servitude, and enjoy as full freedom as if they had beenparticularly named and freed by this act.
II. Provided always, and be it further enacted, That all slaves soset free, not being in the judgment of the court, of sound mind and body, orbeing above the age of forty-five years, or being males under the age oftwenty-one, or females under the age of eighteen years, shall respectively besupported and maintained by the person so liberating them, or by his or herestate; and upon neglect or refusal so to do, the court of the county wheresuch neglect or refusal may be, ishereby empowered . . . to order the sheriff to distrain and sell so much of theperson's estate as shall be sufficient for that purpose. Provided also, That every person by written instrument in his lifetime, or if by last will and testament, the executors of every person freeingany slave, shall cause to be delivered to him or her, a copy of the instrumentof emancipation, attested by the clerk of the court of the county, who shall bepaid therefore, by the person emancipating, five shillings, to be collected inthe manner of other clerk's fees. Every person neglecting or refusing to,deliver to any slave by him or her set free, such copy, shall forfeit and payten pounds, . . . It shall be lawful for any justice of the peace to commit tothe gaol of his county, any emancipated slave travelling out of the county ofhis or her residence without a copy of the instrument of his or heremancipation, there to remain till such copy is produced and the gaoler's feespaid.
III. And be it further enacted, That in case any slave so liberatedshall neglect in any year to pay all taxes and levies imposed or to be imposedby law, the court of the county shall order the sheriff to hire out him or herfor so long time as will raise the said taxes and levies. Provided sufficient distress cannot be made upon his or her estate.. . .
------------------Paul Finkelman, Ph.D.Chancellor and DistinguishedProfessor of History
Gratz College
7605 Old York Road
Melrose Park, PA 19027
[log in to unmask]
o) 215-635-7300 x122
m) 518-605-0296
On Friday, September 10, 2021, 03:39:22 PM EDT, Henry Wiencek <[log in to unmask]> wrote:
My thanks to those who sent suggestions. I should have been more specific.
A graduate student is writing his thesis on George Washington's
emancipation, focusing on the relevant language in GW's will. He's
wondering how GW's stipulations for educating and training freed people
comported with contemporary Virginia law. He's in the early stages of
research and contacted me for suggestions but will be doing his own deep
dive into the archives. If anyone knows of journal articles or
dissertations on VA laws of the 1790s I would be grateful to hear it.
HW
On Fri, Sep 10, 2021 at 1:07 PM Kimball, Gregg <
[log in to unmask]> wrote:
> I highly recommend James M. Campbell's Slavery on Trial: Race, Class, and
> Criminal Justice in Antebellum Richmond, Virginia. Granted, it is
> geographically limited, but is based on prodigious research.
>
> Gregg Kimball
>
> On Fri, Sep 10, 2021 at 12:19 PM Tarter, Brent <
> [log in to unmask]> wrote:
>
> > I have always been a great fan of Schwarz's book, which gets too little
> > attention, I think. One of its many strengths is its recognition that the
> > actions of enslaved people (indeed, enslaved people's ideas about work
> and
> > obligation) were influential on white men who wrote and enforced laws in
> > Virginia.
> >
> > Brent Tarter
> > [log in to unmask]
> >
> > On Thu, Sep 9, 2021 at 4:20 PM Henry Wiencek <[log in to unmask]>
> > wrote:
> >
> > > Has there been a study of Va's enslavement law since Phillip Schwarz's
> > > book?
> > > Many thanks -- Henry Wiencek
> > >
> > > ______________________________________
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> >
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> >
>
>
> --
> Dr. Gregg D. Kimball
> Director of Public Services and Outreach
> Library of Virginia
> 804-692-3722 (work)
> 804-909-4501 (cell)
>
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>
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