OK...you have proved your point that some founding fathers condemned slavery. However, in the case of Jefferson, you haven't proved anything other than the man was a hypocrite.
He certainly lost little sleep over the issue, as he refused to free his own CHILDREN, that were born slaves.
Jefferson, too, sought similar goals, but by living twenty-seven years longer than Washington, Jefferson faced additional hostile State laws which Washington had not. But before reviewing Jefferson’s words and actions regarding slavery, a brief review of the overall trend of the laws of Virginia on the subject are in order.
In 1692, Virginia passed a law that placed an economic burden on any slave owner who released his slaves, thus discouraging owners from freeing their slaves. That law declared:
[N]o Negro or mulatto slave shall be set free, unless the emancipator pays for his transportation out of the country within six months. 24
(Subsequent laws imposed additional provisions that a slave could not be freed unless the slave owner guaranteed a security bond for the education, livelihood, and support of the freed slave in order to ensure that the former slave would not become a burden to the community or to the society. 25 Not only did such laws place extreme economic hardships on any slave owner who tried to free his slaves but they also provided stiff penalties for any slave owner who attempted to free slaves without abiding by these laws.)
In 1723, a law was passed which forbid the emancipation of slaves under any circumstance–even by a last will and testament. The only exceptions were for cases of "meritorious service" by a slave, a determination to be made only by the State Governor and his Council on a case by case basis. 26 Needless to say, this law made the occasions for freeing slaves even more rare.
In 1782, however, Virginia began to move in a new direction (for a short time) by passing a very liberal manumission law. As a result, "this restraint on the power of the master to emancipate his slave was removed, and since that time the master may emancipate by his last will or deed." 27 (It was because of this law that George Washington was able to free his slaves in his last will and testament in 1799.)
In 1806, unfortunately, the Virginia Legislature repealed much of that law, 28 and it became more difficult to emancipate slaves in a last will and testament:
It shall be lawful for any person, by his or her last will and testament, or by any other instrument in writing under his or her hand and seal . . . to emancipate and set free his or her slaves . . . Provided, also, that all slaves so emancipated, not being . . . of sound mind and body, or being above the age of forty-five years, or being males under the age of twenty one, or females under the age of eighteen years, shall respectively be supported and maintained by the person so liberating them, or by his or her estate. 29 (emphasis added)
That law even made it possible for a wife to reverse a portion of an emancipation made by her husband in his will:
And . . . a widow who shall, within one year from the death of her husband, declare in the manner prescribed by law that she will not take or accept the provision made for her . . . [is] entitled to one third part of the slaves whereof her husband died possessed, notwithstanding they may be emancipated by his will. 30
Furthermore, recall that Virginia law did not recognize slave families. Therefore, if a slave was freed, the law made it almost impossible for him to remain near his spouse, children, or his family members who had not been freed, for the law required that a freed slave promptly depart the State or else reenter slavery:
If any slave hereafter emancipated shall remain within this Commonwealth more than twelve months after his or her right to freedom shall have accrued, he or she shall forfeit all such right and may be apprehended and sold. 31
It was under difficult laws like these–under laws even more restrictive than those Washington had faced–that Jefferson was required to operate. Nevertheless, as a slave owner (he, like Washington, had inherited slaves), Jefferson maintained a consistent public opposition to slavery and assiduously labored to end slavery both in his State and in the nation.
Since the State laws on slavery had significantly stiffened between the death of George Washington and Thomas Jefferson twenty-seven years later (as Jefferson had observed in 1814, "the laws do not permit us to turn them loose" 44), Jefferson was unable to do what Washington had done in freeing his slaves. However, Jefferson had gone well above and beyond other slave owners in that era in that he actually paid his slaves for the vegetables they raised and for the meat they obtained while hunting and fishing. Additionally, he paid them for extra tasks they performed outside their normal working hours and even offered a revolutionary profit sharing plan for the products that his enslaved artisans produced in their shops. 45
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