Diary of Captain Luman Harris Tenney: March 6, 1865

Another clear, beautiful day. 1st Div. in yesterday. Saddled up at 4 A. M. Moved out to guard train at 6. Moved in rear of brigade at 9. Marched through a passage underneath the Virginia University. Rear guard. Marched all night. Halted every five minutes — burned many rails. Rather poor country.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 146

Last Will and Testament of James Madison*, April 15, 1835

I, James Madison, of Orange County, do make this my last will and testament, hereby revoking all wills by me heretofore made.

I devise to my dear wife during her life the tract of land whereon I live, as now held by me, except as herein otherwise devised, and if she shall pay the sum of nine thousand dollars within three years after my death, to be distributed as herein after directed, then I devise the same land to her in fee simple. If my wife shall not pay the said sum of money within the period before mentioned, then and in that case it is my will and I hereby direct that at her death the said land shall be sold for cash or on a credit, as may be deemed most for the interest of those entitled to the proceeds thereof. If my wife shall pay the said sum of money within the time before specified as aforesaid, so as to become entitled to the fee simple in the said land, then I bequeath the said sum of money to be equally divided among all my nephews and nieces, which shall at that time be living, and in case of any of them being dead, leaving issue at that time living, then such issue shall take the place of it's or their deceased parent. It is my further will that in case my wife shall not pay the said sum of money within the time before named and it shall therefore be necessary to sell the said land at her death as before directed, then after deducting the twentieth part of the purchase money of the said land, which deducted part I hereby empower my wife to dispose of by her Will, I bequeath the residue of the purchase money and in case of her dying without having disposed of such deducted part by her Will, I bequeath the whole of the purchase money of the said land to my nephews and nieces or the issues of such of them as may be dead in the manner before directed in regard to the money to be paid by her in case she shall pay the same. I devise my grist mill, with the land attached thereto, to my wife during her life, and I hereby direct the same to be sold at her death and the purchase money to be divided as before directed in regard to the proceeds of the tract whereon I live. I devise to my niece, Nelly C. Willis and her heirs the lot of land lying in Orange County purchased of Boswell Thornton on which is a limestone quarry and also my interest in a tract of land lying in Louisa County, reputed to contain two hundred acres and not far from the said Limestone quarry. I devise my house and lot or lots in the city of Washington to my beloved wife and her heirs.

I give and bequeath my ownership in the negroes and people of colour held by me to my dear wife, but it is my desire that none of them should be sold without his or her consent or in case of their misbehaviour; except that infant children may be sold with their parent who consents for them to be sold with him or her, and who consents to be sold.

I give all my personal estate of every description, ornamental as well as useful, except as herein after otherwise given, to my dear wife; and I also give to her all my manuscript papers, having entire confidence in her discreet and proper use of them, but subject to the qualification in the succeeding clause.

Considering the peculiarity and magnitude of the occasion which produced the convention at Philadelphia in 1787, the Characters who composed it, the Constitution which resulted from their deliberation, it's effects during a trial of so many years on the prosperity of the people living under it, and the interest it has inspired among the friends of free Government, it is not an unreasonable inference that a careful and extended report of the proceedings and discussions of that body, which were with closed doors, by a member who was constant in his attendance, will be particularly gratifying to the people of the United States, and to all who take an interest in the progress of political science and the cause of true liberty. It is my desire that the report as made by me should be published under her authority and direction, as the publication may yield a considerable amount beyond the necessary expenses thereof; I give the net proceeds thereof to my wife charged with the following legacies to be paid out of that fund only — first I give to Ralph Randolph Gurley, Secretary of the American Colonization society and to his executors and administrators, the sum of two thousand dollars, in trust nevertheless, that he shall appropriate the same to the use and purposes of the said society, whether the same be incorporated by law or not. I give fifteen hundred dollars to the University of Virginia, one thousand dollars to the College at Nassau Hall at Princeton, New Jersey, and one thousand dollars to the College at Uniontown, Pennsylvania and it is my will that if the said fund should not be sufficient to pay the whole of the three last legacies, that they abate in proportion.

I further direct that there be paid out of the same fund to the guardian of the three sons of my deceased nephew, Robert L. Madison, the sum of three thousand dollars, to be applied to their education in such proportions as their guardian may think right — I also give, out of the same fund to my nephew Ambrose Madison two thousand dollars to be applied by him to the education of his sons in such proportions as he may think right, and I also give out of the same fund the sum of five hundred dollars to each of the daughters of my deceased niece, Nelly Baldwin and if the said fund shall not be sufficient to pay the whole of the legacies for the education of my great nephews as aforesaid and the said legacies to my great nieces, then they are to abate in proportion.

I give to the University of Virginia all that portion of my Library of which it has not copies of the same editions, and which may be thought by the Board of Visitors not unworthy of a place in it's Library, reserving to my wife the right first to select such particular books & pamphlets as she shall choose, not exceeding three hundred volumes.

In consideration of the particular and valuable aids received from my brother in law, John C. Payne and the affection which I bear him, I devise to him and his heirs two hundred and forty acres of land on which he lives, including the improvements, on some of which he has bestowed considerable expense to be laid off adjoining the lands of Reuben and James Newman in a convenient form for a farm so as to include woodland and by the said Mr Newmans. I bequeath to my step son, John Payne Todd the case of Medals presented me by my friend George W. Erving and the walking staff made from a timber of the frigate Constitution and presented me by Commodore Elliot, her present Commander.

I desire the gold mounted walking staff bequeathed to me by my late friend Thomas Jefferson be delivered to Thomas J. Randolph as well in testimony of the esteem I have for him as of the knowledge I have of the place he held in the affection of his grand-father. To remove every doubt of what is meant by the terms tract of land whereon I live, I here declare it to comprehend all land owned by me and not herein otherwise devised away.

I hereby appoint my dear wife to be sole executrix of this my Will and desire that she may not be required to give security for the execution thereof and that my estate be not appraised.

IN testimony hereof — I have this fifteenth day of April, one thousand eight hundred and thirty five — signed, sealed, published and declared this to be my last Will & Testament.

We have signed in presence of the

James Madison. (Seal)

Testator

and of each other,

Robert Taylor.

Reuben Newman Sr.

Reuben Newman Jr.

Sims Brockman.

_______________

* Orange C. H. Records.

_______________

• Codicil to Last Will and Testament of James Madison, April 19, 1835

SOURCE: Gaillard Hunt, Editor, The Writings of James Madison: Volume IX, 1819-1836, p. 548-51

Codicil to the Last Will and Testament of Thomas Jefferson, March 17, 1826

I, Thomas Jefferson, of Monticello, in Albemarle, make and add the following codicil to my will, controlling the same so far as its provisions go:

I recommend to my daughter Martha Randolph, the maintenance and care of my well beloved sister Anne Scott, and trust confidently that from affection to her, as well as for my sake, she will never let her want a comfort. I have made no specific provision for the comfortable maintenance of my son-in-law Thomas M. Randolph, because of the difficulty and uncertainty of devising terms which shall vest any beneficial interest in him, which the law will not transfer to the benefit of his creditors, to the destitution of my daughter and her family, and disablement of her to supply him: whereas, property placed under the exclusive control of my daughter and her independent will, as if she were a feme sole, considering the relation in which she stands both to him and his children, will be a certain resource against want for all.

I give to my friend James Madison, of Montpellier, my gold-mounted walking staff of animal horn, as a token of the cordial and affectionate friendship which for nearly now an half century, has united us in the same principles and pursuits of what we have deemed for the greatest good of our country.

I give to the University of Virginia my library, except such particular books only, and of the same edition, as it may already possess, when this legacy shall take effect: the rest of my said library, remaining after those given to the University shall have been taken out, I give to my two grandsons-in-law Nicholas P. Trist and Joseph Coolidge. To my grandson Thomas Jefferson Randolph, I give my silver watch in preference of the golden one, because of its superior excellence. My papers of business going of course to him, as my executor, all others of a literary or other character I give to him as of his own property.

I give a gold watch to each of my grandchildren, who shall not have already received one from me, to be purchased and delivered by my executors to my grandsons, at the age of twenty-one, and granddaughters at that of sixteen.

I give to my good, affectionate, and faithful servant Burwell, his freedom, and the sum of three hundred dollars, to buy necessaries to commence his trade of glazier, or to use otherwise, as he pleases.

I give also to my good servants John Hemings and Joe Fosset, their freedom at the end of one year after my death; and to each of them respectively, all the tools of their respective shops or callings; and it is my will that a comfortable log-house be built for each of the three servants so emancipated, on some part of my lands convenient to them with respect to the residence of their wives, and to Charlottesville and the University, where they will be mostly employed, and reasonably convenient also to the interests of the proprietor of the lands, of which houses I give the use of one, with a curtilage of an acre to each, during his life or personal occupation thereof.

I give also to John Hemings the service of his two apprentices Madison and Eston Hemings, until their respective ages of twenty-one years, at which period respectively, I give them their freedom; and I humbly and earnestly request of the legislature of Virginia a confirmation of the bequest of freedom to these servants, with permission to remain in this State, where their families and connections are, as an additional instance of the favor, of which I have received so many other manifestations in the course of my life, and for which I now give them my last, solemn, and dutiful thanks.

In testimony that this is a codicil to my will of yesterday's date, and that it is to modify so far the provisions of that will, I have written it all with my own hand in two pages, to each of which I subscribe my name, this seventeenth day of March, one thousand eight hundred and twenty-six.

SOURCE: Paul Leicester Ford, Editor, The Writings of Thomas Jefferson: 1816-1826, p. 394-6

Diary of Judith Brockenbrough McGuire: Sunday, January 1, 1864

A melancholy pause in my diary. After returning from church on the night of the 13th, a telegram was handed me from Professor Minor, of the University of Virginia, saying, “Come at once, Colonel Colston is extremely ill.” After the first shock was over, I wrote an explanatory note to Major Brewer, why I could not be at the office next day, packed my trunk, and was in the cars by seven in the morning. That evening I reached the University, and found dear R. desperately ill with pneumonia, which so often follows, as in the case of General Jackson, the amputation of limbs. Surgeons Davis and Cabell were in attendance, and R's uncle, Dr. Brockenbrough, arrived the next day. After ten days of watching and nursing, amid alternate hopes and fears, we saw our friend Dr. Maupin close our darling's eyes, on the morning of the 23d; and on Christmas-day a military escort laid him among many brother soldiers in the Cemetery of the University of Virginia. He died in the faith of Christ, and with the glorious hope of immortality. His poor mother is heart-stricken, but she, together with his sisters, and one dearer still, had the blessed, and what is now the rare privilege, of soothing and nursing him in his last hours. To them, and to us all, his life seemed as a part of our own. His superior judgment and affectionate temper made him the guide of his whole family. To them his loss can never be supplied. His country has lost one of its earliest and best soldiers. Having been educated at the Virginia Military Institute, he raised and drilled a company in his native County of Berkeley, at the time of the John Brown raid. In 1861 he again led that company to Harper's Ferry. From that time he was never absent more than a week or ten days from his command, and even when wounded at Gaines's Mills, he absented himself but three days, and was again at his post during the several last days of those desperate fights. His fatal wound was received in his nineteenth general engagement, in none of which had he his superior in bravery and devotion to the cause. He was proud of belonging to the glorious Stonewall Brigade, and I have been told by those who knew the circumstances, that he was confided in and trusted by General Jackson to a remarkable degree.

Thus we bury, one by one, the dearest, the brightest, the best of our domestic circles. Now, in our excitement, while we are scattered, and many of us homeless, these separations are poignant, nay, overwhelming; but how can we estimate the sadness of heart which will pervade the South when the war is over, and we are again gathered together around our family hearths and altars, and find the circles broken? One and another gone. Sometimes the father and husband, the beloved head of the household, in whom was centred all that made life dear. Again the eldest son and brother of the widowed home, to whom all looked for guidance and direction; or, perhaps, that bright youth, on whom we had not ceased to look as still a child, whose fair, beardless cheek we had but now been in the habit of smoothing with our hands in fondness—one to whom mother and sisters would always give the good-night kiss, as his peculiar due, and repress the sigh that would arise at the thought that college or business days had almost come to take him from us. And then we will remember the mixed feeling of hope and pride when we first saw this household pet don his jacket of gray and shoulder his musket for the field; how we would be bright and cheerful before him, and turn to our chambers to weep oceans of tears when he is fairly gone. And does he, too, sleep his last sleep? Does our precious one fill a hero's grave? 0 God! help us, for the wail is in the whole land!" Rachel weeping for her children, and will not be comforted, because they are not." In all the broad South there will be scarcely a fold without its missing lamb, a fireside without its vacant chair. And yet we must go on. It is our duty to rid our land of invaders; we must destroy the snake which is endeavouring to entwine us in its coils, though it drain our heart's blood. We know that we are right in the sight of God, and that we must

“With patient mind our course of duty run.

God nothing does, or suffers to be done,

But we would do ourselves, if we could see

The end of all events as well as He."

The Lord reigneth, be the earth never so unquiet.

SOURCE: Judith W. McGuire, Diary of a Southern Refugee, During the War, p. 248-50

Louise Wigfall to Francis H. Wigfall, July 15, 1861

July 15th, Longwood, near Boston.

. . . I received your last letter several days ago, and I had a letter from Mama about the same time, telling Grandmama to send us on by the first good opportunity, but the way Mr. Walters said was the only way we could go would not have been safe, and I am now anxiously awaiting news from Mama as to whether we shall go to Fortress Monroe, and let Papa send a flag of truce, and get us or not. My trunks were all packed ready to start at a minute's notice, when we received Mr. Walter's letter, telling us that the only way of reaching Richmond was by going through Winchester, to which you know the troops are making a general movement.

You may imagine how I felt. When Mr. Walters wrote the last time, all was different, and I fully expected to go home. I had already pictured our meeting. I almost felt your kiss and I heard Papa calling us “his darlings” and Mama's dear voice, and in one moment all was gone, and I glanced out of my window and instead of Richmond, I saw miserable old Boston. I felt as if my heart would break.

You ask me in your last if I am not “isolated” — that is exactly the word. With the exception of Emma Babcock, and her family, there is not a soul here that cares whether I go or stay, or that I could call a friend; but if nobody likes me, there is some satisfaction in knowing there is no love lost. If I did not follow your injunction, and never believe what I see in Republican journals I should have an awful time of it; for they make out the most desperate case. All the C. S. soldiers are poor, half starved, naked, miserable wretches that will run if you stick your finger at them; who are all waiting for a chance to desert, etc., and become loyal citizens to King Abraham, the First, and prime minister, General Scott. The Southerners are defeated in every engagement; all the killed and wounded are on their side, and none are injured on the other. Such is about the summary of their statements — mais je ne le crois pas, and so they don't disturb my mind much. I saw that Papa had gone disguised as a cattle drover to Washington, to pick up information for the President! That is about a specimen of their stories. Mama writes me in her last that you have joined the Military School at the University of Virginia, and would enter the army in three months, if you wished to, at the end of that time. I suppose you are very glad. I don't wonder and wish I could go too. I sit down to the piano every day and play “Dixie” and think of you all away in “the land of cotton,” etc.

SOURCE: Louise Wigfall Wright, A Southern Girl in ’61, p. 60-2

Diary of Judith Brockenbrough McGuire: October 6, 1862

W., Hanover County. — We left the University on the 4th, and finding J. B. N. on the cars, on “sick-leave,” I determined to stop with him here to spend a few days with my sisters, while Mr. —— went on to Richmond and Ashland. I do nothing but listen — for my life during the last three months has been quiet, compared with that of others. J. gives most interesting accounts of all he has seen, from the time he came up the Peninsula with the army in May, until he was broken down, and had to leave it, in Maryland, after the battle of Sharpsburg. As a surgeon, his personal danger has not been so great as that of others, but he has passed through scenes the most trying and the most glorious. My sisters and M. give graphic descriptions of troubles while in the enemy's lines, but, with the exception of loss of property, our whole family has passed through the summer unscathed. Many friends have fallen, and one noble young relative, E. B., of Richmond County; and I often ask myself, in deep humility of soul, why we have been thus blessed, for since our dear W. P. and General Mcintosh fell, the one in December, the other in March, we have been singularly blessed. Can this last, when we have so many exposed to danger? O, God, spare our sons! Our friend, Dr. T., of this neighbourhood, lost two sons at Sharpsburg! Poor old gentleman! it is so sad to see his deeply-furrowed, resigned face.

McClellan's troops were very well-behaved while in this neighbourhood; they took nothing but what they considered contraband, such as grain, horses, cattle, sheep, etc., and induced the servants to go off. Many have gone — it is only wonderful that more did not go, considering the inducements that were offered. No houses were burned, and not much fencing. The ladies' rooms were not entered except when a house was searched, which always occurred to unoccupied houses; but I do not think that much was stolen from them. Of course, silver, jewelry, watches, etc., were not put in their way. Our man Nat, and some others who went off, have returned — the reason they assign is, that the Yankees made them work too hard! It is so hard to find both families without carriage horses, and with only some mules which happened to be in Richmond when the place was surrounded. A wagon, drawn by mules, was sent to the depot for us. So many of us are now together that we feel more like quiet enjoyment than we have done for months.

SOURCE: Judith W. McGuire, Diary of a Southern Refugee, During the War, p. 164-5

Diary of Judith Brockenbrough McGuire: October 3, 1862

University Of Virginia.—Arrived here yesterday, and met with a glowing reception from the friends of my youth, Professor and Mrs. Maupin. My sister, Mrs. C, and daughters, staying next door, at Professor Minor's. In less than five minutes we were all together — the first time for many anxious months. They are refugees, and can only hear from home when our army finds it convenient to clear “The Valley” of invaders. One of her sons, dear R., was ordered last winter, by General Jackson, to command a body of soldiers, whom he sent to break the dam in the Potomac, which at that point supplied the Ohio and Chesapeake Canal with water — (it also worked his mother's mill) — and the breaking of which, if effectually done, would prevent the Yankees from using the canal for transportation. This dangerous project was undertaken most cheerfully, and was most thoroughly effected. It was necessarily done in the night, to elude the vigilance of the Yankees on the Maryland shore. In the dead hour of the winter's night did some of the first gentlemen's sons in the South, who happened to belong to that portion of the army, work up to their waists in water, silently, quietly, until the work was finished; nor were they discovered until day dawned, and revealed them retiring; then shot and shell began to fall among them furiously. One of the brave band fell! Notwithstanding their danger, his companions could not leave him, but lifted him tenderly, and carried him to a place of safety, where he might at least have Christian burial by sympathizing friends. The large old mill, which had for many years sent its hundreds and thousands of barrels of flour to the Baltimore and Georgetown markets, still stood, though its wheels were hushed by the daring act of the night before. It had been used of late by the Yankees for their own purposes. The enemy seemed to have forgotten to destroy it, but the Union men could not allow their old friend and neighbour, though the widow of one whom they had once delighted to honour, to have such valuable property left to her; they immediately communicated to the Yankees that it belonged to the mother of the leader of the party who broke the dam. It was, of course, shelled and burned to the ground, except its old stone walls, which defied their fury; but if it helped the cause, the loss of the property did not weigh a feather with the family. This son has just been promoted to the lieutenant-colonelcy of the Second Regiment. His mother expressed her gratification, but added, that he had been so successful as captain of the company which he had raised, drilled, and led out from his own county, that she dreaded a change; besides, in that Second Regiment so many field-officers had fallen, that she had almost a superstitious dread of it. My dear R., his heart is so bound up in the cause, that self-preservation is the last thing that ever occurs to him. Oh! I trust that all evil may be averted from him.

It is sad to see these elegant University buildings, and that beautiful lawn, which I have always seen teeming with life and animation, now almost deserted. Two of the Professors are on the field; the Professors of Medicine and Surgery are surgeons in the neighbouring hospitals, and Dr. B. is Assistant Secretary of War. Others, unfitted by age and other circumstances for the service, are here pursuing their usual avocations with assiduity, but through many difficulties. The students are mere boys, not arrived at military age, or, in a few instances, wounded soldiers unfit for service. The hospitals at Charlottesville are very large, and said to be admirably managed. Every lady at this place, or in town, seems to be actively engaged in making the patients comfortable. The kitchens are presided over by ladies; each lady knows her own day to go to a particular kitchen to see that the food is properly prepared and served to the patients — I mean those who are confined to their beds or wards — the regular “matrons” do every thing else. This rich country supplies milk, butter, fruit, vegetables, fresh meat, etc.; and all kinds of delicacies are prepared by the ladies. Our friends, Dr. and Mrs. M., have sons in the field. The elder, though not of military age at the time, shouldered his musket at the first tap of the drum; he would not be restrained. When I saw him, with his slight figure and boyish look, in his uniform and soldier's trappings, my heart sank within me, as I remembered that ’twas but as yesterday that this child, with his picture beauty, was the pet of the household. Now he is quite a veteran; has fought on many a field; scorns the idea of danger; prides himself on being a good soldier; never unnecessarily asking for furloughs, and always being present at roll-call. The second son, but sixteen, as his father would not allow him to enlist, has gone as an independent in a cavalry company, merely, he said, for the “summer campaign.” Ah! in this “summer campaign,” scarcely equalled in the annals of history, what horrors might have come! But he has passed through safely, and his father has recalled him to his college duties. Their mother bears the separation from them, as women of the South invariably do, calmly and quietly, with a humble trust in God, and an unwavering confidence in the justice and righteousness of our cause.

SOURCE: Judith W. McGuire, Diary of a Southern Refugee, During the War, p. 161-4