Madison Hemings - Freed in Jefferson's Will

Freed in Jefferson's Will

In his will, Jefferson gave immediate freedom to three slaves: John Hemings, a brother of Sally, to whom he also bequeathed "the service of his two apprentices Madison and Eston Hemings", with instruction that the brothers each be freed at his respective 21st birthday. Jefferson freed two of Sally's nephews: Joseph Fossett and Burwell Colbert. (John Hemings was a widower and evidently childless by 1826, but Fossett and Colbert were married and the fathers of large families. As Jefferson did not free their wives and children, all were sold along with Monticello's nearly 130 other slaves at auctions held on the plantation to settle the heavy debts against his estate. The men and their friends worked to buy the freedom of their families.) Although the three older men had served Jefferson for decades, Madison and Eston were distinguished by being freed as they "came of age" at 21. Madison was nearly 21 at the time of Jefferson's death; Eston was given his time and freed before age 21.

Knowing that his estate was in debt and that freed slaves could not legally remain in Virginia for more than one year, Jefferson by his will requested the legislature of Virginia to guarantee the manumission of the five slaves, and to grant the men special "permission to remain in this State, where their families and connections are." Both requests were evidently granted.