I'm not sure about Madison, but Eston, born 1808, would not have reached
his majority by the time of Jefferson's death so perhaps Jefferson felt
the need to supply the extra level of legal protection.

I have a related question:  when did Jefferson make the will with these
provisions for the manumission of the Hemingses?

>The assumption that Sally Hemings was the child of a black women and a
>white man seems accepted. Her children are also assumed to have been the
>children of a white man. Under the Virginia law at that time, they were
>white.Why then did Jefferson seek permission (also a requirement of
>statute) for Madison and Eston Hemings, freed under the terms of his will,
>to remain in Virginia. It was also provided by statute that the child of a
>slave women was born a slave, If the child were white and freed when an
>adult, why did he not become a "white man" and automatically divested of
>those requirements that control black freed slaves, i.e., leave the
>Commonwealth unless granted permission to stay by the General Assembly?


>Richard E. Dixon
>Clifton, VA 20124-2115
>703-830-8177
>fax 703-691-0978


David Kiracofe
College of Charleston
Department of History
66 George Street
Charleston, SC 29424

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