Diary of Captain Luman Harris Tenney: Saturday, December 17, 1864

More good news from Thomas. Brigade officer of the day. Rode over to infantry. Received a beautiful pair of shoulder straps as Christmas gift — with a note from A. B.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 137

Diary of Captain Luman Harris Tenney: Sunday, December 18, 1864

A good letter from Prof. Peck. A beautiful picture of Melissa and the darling baby (Carrie Nettleton Thurber). Letter from home. Wrote to the Prof.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 137

Captain Luman Harris Tenney to Professor Henry E. Peck: Sunday, December 18, 1864

Everybody in the 2nd Ohio is familiar with the name and services of Prof. Peck, of Oberlin, the man who has always done so much for the Ohio soldiers, both the sick and well, and who had an article in the paper a short time ago about the 2nd Ohio.

The boys are delighted with your praise of the Regiment. I have told a good many what you wrote in regard to us. All say, “Well, if he says that he does not know a regiment which has done better than ours, we ought to feel proud, for he is well acquainted with Ohio troops.”

Our Regiment has been sadly depleted during the campaign. It has not been recruited, but we hope to have it filled up, if another call for troops shall be made. Perhaps a portion of the records of Company C, with which I am serving will interest you. On the 1st day of May, 1864, the Company left Washington with forty-eight men, all told. During the summer, seven recruits joined it, making a total of fifty-five. From May 1st until this date, the losses foot up as follows: Five killed — all brave and good — thirty wounded and seventeen missing. Today we number for duty, eleven enlisted men, every one good soldiers.

Theodore is robust and always ready for duty. He is well-fashioned for a soldier, having a hardy constitution and a jolly temperament. He was pleased to be remembered by you.

Yesterday I received a beautiful Christmas gift from my friends, Will Hudson, Fred Allen, Delos Haynes and Charley Fairchild, a pair of shoulder-straps. The Col. received a very cunning picture today of Sister Melissa, with her little treasure Carrie in her arms.

The glorious news from Gen'ls Thomas and Sherman has just been read to us. We gave three hearty cheers. We hope that the end is not far distant.

Yours truly,

Luman H. Tenney,

Capt. 2nd O. V. V. C.

Melissa and Baby Carrie

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 137-8

Official Reports of the Campaign in North Alabama and Middle Tennessee, November 14, 1864 — January 23, 1865: No. 107. Report of Lieut. Col. Edward Maynard, Sixth Tennessee Infantry, of operations December 15-16, 1864.

No. 107.

Report of Lieut. Col. Edward Maynard, Sixth Tennessee Infantry, of operations December 15-16, 1864.

HDQRS. SIXTH REGT. EAST TENNESSEE VOL. INFANTRY,                       

In the Field, December 22, 1864.

SIR: In obedience to circular just received from headquarters First Brigade, I beg leave to submit the following as a report of the operations of this regiment on the 15th and 16th instant:

In accordance with instructions received from Brigadier-General Cooper, commanding First Brigade, tents were struck at 5 a.m. on the 15th, and breakfast over, the regiment was formed in order of march at 5.30 a.m. At about 8 a.m. took up the line of march from our encampment on the Franklin pike near Nashville, following the One hundred and thirtieth Indiana Volunteers, and crossed to the Hardin pike. We moved out from the defenses of the city on that pike, and were at once formed in line of battle on left of First Brigade. From this point we were moved forward to a dirt road intersecting the Hillsborough and Hardin pikes. In this road we lay until about 1 p.m.; we then moved to the right by the flank until we passed a fort on the right of the Hillsborough pike about six miles from Nashville, which a portion of our cavalry force had occupied a few moments before. At this place formed in order of battle again, and moved across the Hillsborough pike. We had proceeded nearly half a mile when the enemy opened upon us with artillery from a high point three-quarters of a mile in front of us. A charge was ordered and we moved on the rebel artillery at the run. As we approached the hill we discovered that a body of the enemy's infantry lodged behind a stone wall to our left was raking that flank. The direction of the movement was changed to the left, and we conducted our operations against the wall. As the men were already jaded I ordered them to halt behind a rail fence near the wall and unsling knapsacks. This having been done, we charged the wall, took it, and crossed it, where 150 prisoners surrendered to us, and were immediately sent to the rear. The charge was continued nearly half a mile beyond, resulting in capturing about fifty rebels, and was stopped because worn down by the race. My loss in the charge and during the day was 1 man killed and 9 wounded. After we reformed we took position on a wooded hill between the Hillsborough and Granny White pikes about seven miles from Nashville, and during the night of the 15th threw up a temporary line of works. During the night threw out a picket in my front and held one.third of the regiment under arms. On the 16th instant we lay at rest in these works until about 4 p.m. At that time we moved out and formed in a corn-field in rear of the position from which the enemy had just been dislodged, to the left of the Granny White pike. Moved across that pike and about half a mile toward the Franklin pike, and bivouacked for the night.

The following is a list of killed and wounded on the 15th instant.*

I owe it to all the officers and all the men to say that our success is owed during each day to their courage, coolness, and prompt obedience.

I am, sir, very respectfully, your obedient servant,

EDWARD MAYNARD,      

Lieut. Col., Comdg. Sixth Regiment East Tennessee Volunteers.

Capt. T. C. HONNELL,

Acting Assistant Adjutant-General.

_______________

* Nominal list (omitted) shows 3 men killed and 8 men wounded.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 45, Part 1 (Serial No. 93), p. 377-8

Last Will and Testament of James Monroe [Extract], May 16, 1831

Having given my estate called Ashfield to my daughter Elizabeth, which estate cost me about six thousand dollars, it is my will and intention to pay my daughter Maria that sum, to put them on an equality in the first instance; and then divide my property remaining after paying my just debts equally between them, my said daughters; with respect to the works in which I am engaged and leave behind, I commit the care and publication of them to my son in law Samuel L. Gouvernieur, giving to him one third of the profits arising therefrom for his trouble in preparing them for publication, one third to my daughter Maria and one third to my daughter Elizabeth.

I appoint and constitute my son in law Samuel L. Gouvernieur my sole and exclusive executor of this my last will and testament, hereby revoking all others, giving him full powers to carry it into effect. I recommend my daughter E. K. Hay to the fraternal care and protection of my son in law Samuel L. Gouvernieur.

james Monroe.

SOURCE: Virgil McClure Harris, Ancient, Curious and Famous Wills, p. 408

Codicil to the Last Will and Testament of James Monroe, June 17, 1831

My very infirm and weak state of health, having rendered it altogether impossible for me to manage my own concerns in any one circumstance, I have committed them to Mr. Gouvernieur, in whose integrity I have perfect confidence. This has been extended to the grant lately made me by Congress, which I have authorized him, to enter and dispose of, in his own name, well knowing that he will apply it in that way, with more advantage than if entered in mine — I mention this, as a particular & interesting example, with which I wish my family, as well as he and myself to be acquainted. The whole will be under the operation after my departure of my present testament. He will, of course, pay particular attention to my other debts, as well as to that which I owe to himself, and I further request Captain James Monroe & William M. Price, to adjust and settle my account between Mr. Gouvernieur & myself — this request having been made at his suggestion. Signed sealed published and declared in the presence of ——— this seventeenth day of June in the year of our Lord one thousand eight hundred and thirty one.

james Monroe.

SOURCE: Virgil McClure Harris, Ancient, Curious and Famous Wills, p. 408-9

Preaching Politics, October 26, 1850

The citizens of the County of Madison are invited to attend a meeting in Peterboro, Sunday, Nov. 3, 1850.

It is expected that Gerrit Smith will on that occasion, present the Bible view of Civil Government, and examine the late diabolical law for reducing the poor to slavery.

The exercises are to begin at 10 A. M., and, if the weather be pleasant, are to be in the open air. Good singers are especially invited to attend.

October 26, 1850.

SOURCES: Octavius Brooks Frothingham, Gerrit Smith: A Biography, p. 211

Charles L. Robinson to Amos A. Lawrence, about July 1859

You may not know it and the people of Kansas may not be sensible of it, but I am very much mistaken in my estimate of the influences that have contributed to the freedom of Kansas, if we are not far more indebted to you than to any other man for our success. Without your name, the Emigrant Aid Company would have been a cipher, and without your encouragement, courage, and support, what little I have been able to do would have been left undone.

SOURCE: William Lawrence, Life of Amos A. Lawrence: With Extracts from His Diary and Correspondence, p. 112-3

Thomas Wentworth Higginson, about February 1857

I had a nice two days at Nantucket, which is a mere scion of Cape Cod and sister of Plum Island; sandhills and marshes and sea; but I enjoyed it. The people are all cousins. A few years ago the Coffin School went into operation and they looked round for the “Coffin family” to whom it was limited, and found them to include the whole island, so they made no distinction but of age. They are hospitable and sociable, as such isolated people always are; talk of “the main land” and "the continent” and “foreigners.” I stayed at the hotel, but had plenty of hospitality, and a drive with two horses seven miles out to Siasconset, their watering place, a shower of little cottages, covered with honeysuckle, on a high bluff. At Siasconset they have fish-carts made like wheelbarrows, only with a whole cask for a wheel; and in Nantucket you see ladies riding in two-wheeled carts, standing up, holding by a rope to steady themselves. My lectures were very well received, only the people who had been to the Azores were astonished that I could make so much out of them!

SOURCE: Mary Potter Thacher Higginson, Editor, Letters and Journals of Thomas Wentworth Higginson, 1846-1906, p. 92-3

George L. Stearns to his Mary Elizabeth Preston Stearns, May 10, 1861

[May 10, 1861.]

We are well, and I have the satisfaction of not coming here for nothing. There is a hitch on in the arming of Kansas men that I am trying to remove. There are B. movements here that I shall probably control, and in other ways I am making myself useful to my country.

This is the place for rumors, but nothing more is known here than in Boston. There is a daily expectation of an attack by one party or the other, but I do not think either party will risk a great battle.

SOURCE: Preston Stearns, The Life and Public Services of George Luther Stearns, p. 248

Samuel Gridley Howe to Horace Mann, February 6, 1851

Boston, Feb'y 6th, 1851.

My Dear Mann: — The telegraph will tell you the result of to-morrow's fight before this reaches you.

Adams, and the shrewdest men I meet, say it is impossible to foretell what will be the result. The knowing Whigs say they will be beaten; whether they say so to gammon us, I know not. For myself I have little hope. It looks to me as if the Democrats meant to let Sumner get within one or two votes, and yet not get in; it is however a dangerous game.

This I know, things look better than they ever have before. The Coalition has certainly gained three votes, the Whigs have certainly lost two; and unless some of the Democrats who voted for Sumner before bolt the track, he goes in. I fear they will.

There has certainly been much hard work done, and much drilling and coaxing resorted to to bring the waverers into line. I have done what I could in conscience, — but oh! Mann! it goes against the grain. I have a right to boost Sumner all I can, and I will do so, but not as a Coalitionist, not by working with pro-slavery men. Think of Free-soilers voting to put Rantoul into the Senate; he is no more a Free-soil man than R. C. Winthrop, not a whit! the Free-soilers should have declined all State offices, and claimed the long and short term.

However, let that go.

Mr. W— is a very pig-headed, impracticable man, all the more so because he means to be liberal and thinks he is so. Others have yielded to the great outside pressure upon them.

We have one more card, and that we must play if Sumner fails to-morrow: we must bring pressure enough to bear on Wilson and every Free-soiler in office, to make them go to Boutwell and tell him to put Sumner straight through, or they will all throw up office, leave the responsibility with the Democrats, and go before the people and make war with them. Boutwell is a timid, cunning, time-serving trimmer. He can elect Sumner if bullied into it: he has only to send for half a dozen men to his closet and tell them that Sumner must and shall be elected, and he will be. He won't do it unless he is forced to do so, and Wilson will not force him unless he is forced by outside pressure. We can manufacture that pressure, and by the Jingoes we'll squeeze him tight but he shall do it.

You complain of the paper; bless you, Mann, you do not know under what difficulties we have laboured: I say we have done well to start a new daily paper at four days' notice, commence it without an editor, and carry it on thus far as well as it has been carried on. A daily paper is no joke — you know well enough. . . .

I have been hoping for something from you that we could publish — but in vain. I am going to Albany as soon as this fight is over to address the Legislature on the subject of idiocy.

Our friends are in high spirits here — I am not, but am

Ever yours,

S. G. Howe.

I have used your letter, but it has not been out of my hands.

SOURCE: Laura E. Richards, Editor, Letters and Journals of Samuel Gridley Howe, Volume 2, p. 337-9

William T. Sherman to George Mason Graham, Sunday, December 12, 1859

New Orleans, La., Sunday, Dec. 12 [1859].

Dear General: . . . Late last night I got the dispatch that the books have been shipped; so I think we may safely count on them in time. I could only after long search find four of the French grammars required by Monsieur St. Ange. So of necessity had to telegraph for one hundred. The steamer leaves New York to-day and ought to be here the 22nd and at Alexandria by the 1st - rather close cutting for us.

All other things I have purchased here. Many things went on Friday by the “Rapides.” I will bring some tomorrow in the “Telegram” and balance will follow next week in the “Rapides.” I have paid in full all bills but furniture and have paid $1,000 toward furniture out of about $1,500. I have drawn only $1,920, but will buy about $50 more of little odds and ends, and bring with me in cash to make up the $2,500. The balance will remain to your credit, and I think you had better meet me at the Seminary about Friday to examine the bills and receipts, to receive the cash I bring up, and to see the kind and quality of furniture. I hear your letter-press, book, brush, etc., cost about $13. You had better come with your buggy and receive it. It had, for convenience, to go with our packages. I have sent up a cooking range, cost $175, and want Jarreau forthwith to move one or more servants out to clean up and get ready.

Many of these items of purchase were hard to find, and my time has been too much taken up to enable me to attempt to make acquaintances. I dined yesterday with your friends, the Frerets, who had many kind inquiries for you.

I have a drum and drummer, also a fife, but thus far have failed to get a tailor or shoemaker. I have examined shoes, boots, clothing, cloth, etc., and know exactly how to order when the time comes.

I have a letter from Bragg which I will show you; he coincides with you in the necessity of making a military academy by law, and wants you to meet him in January at Baton Rouge. Our first paramount duty is to start on present economical basis and enlarge as means are provided. It is easy to increase, but hard to curtail. Unless it be convenient for you to come over, write me at the Seminary, to bring in your press, money, and accounts, and appoint a day and hour, for I must work smart as you know.

SOURCES: Walter L. Fleming, General W.T. Sherman as College President, p. 74-5

John Brown to His Younger Children, November 22, 1859

Charlestown, Jefferson County, Va., Nov. 22, 1859.

Dear Children, All, — I address this letter to you, supposing that your mother is not yet with yon. She has not yet come here, as I have requested her not to do at present, if at all. She may think it best for her not to come at all. She has (or will), I presume, written yon before this. Annie's letter to us both, of the 9th, has but just readied me. I am very glad to get it, and to learn that you are in any measure cheerful. This is the greatest comfort I can have, except that it would be to know that you are all Christians. God in mercy grant you all may be so! That is what yon all will certainly need. When and in what form death may come is but of small moment. I feel just as content to die for God's eternal truth and for suffering humanity on the scaffold as in any other way; and I do not say this from any disposition to “brave it out.” No; I would readily own my wrong were I in the least convinced of it. I have now been confined over a month, with a good opportunity to look the whole thing as “fair in the face” as I am capable of doing; and I now feel it most grateful that I am counted in the least possible degree worthy to suffer for the truth. I want you all to “be of good cheer.” This life is intended as a season of training, chastisement, temptation, affliction, and trial; and the “righteous shall come out of” it all. Oh, my dear children, let me again entreat you all to “forsake the foolish, and live.” What can you possibly lose by such a course? “Godliness with contentment is great gain, having the promise of the life that now is, and of that which is to come.” “Trust in the Lord and do good, so shalt thou dwell in the land; and verily thou shalt be fed.” I have enjoyed life much; why should I complain on leaving it? I want some of you to write mo a little more particularly about all that concerns your welfare. I intend to write you as often as I can. “To God and the word of his grace I commend you all.”

Your affectionate father,

John Brown.

SOURCES: Franklin B. Sanborn, The Life and Letters of John Brown, p. 596-7

James Monroe, Peter Heines, Henry James Morris, and Matthew Bodams to William Still, August 17, 1856

TORONTO, C. W., Aug. 17th, 1856.

MR. STILL: — Dear Sir — These few lines may find you as they leave us, we are well at present and arrived safe in Toronto. Give our respects to Mrs. S.— and daughter. Toronto is a very extensive place. We have plenty of pork, beef and mutton. There are five market houses and many churches. Female wages is 62½ cents per day, men's wages is $1 and york shilling. We are now boarding at Mr. George Blunt’s, on Centre street, two doors from Elm, back of Lawyer's Hall, and when you write to us, direct your letter to the care of Mr. George Blunt, &c.

James Monroe, Peter Heines, Henry James Morris, and Matthew Bodams.

SOURCE: William Still, The Underground Railroad: A Record of Facts, Authentic Narratives, Letters &c., p. 317

George S. Denison to Salmon P. Chase, July 19, 1862

New Orleans, July 19th, 1862.

Dear Sir: I venture to refer to the name of J. L. Riddell (formerly Confederate Postmaster) because he is, or is to be, an applicant for the office of Assistant Treasurer. Though he now pretends to be a Union man, I believe him to be unworthy of your confidence. I can give you full information about him if you desire it.

Mr. Gray, Deputy Collector, who has been in the New York Custom House more than twenty years, says that more questions and more difficult to' be decided, arise here in a week, than in the New York Custom House during a whole year. This is partly owing to the disturbed condition of the country, and partly to the fact that we avoid the former loose and corrupt manner of doing business. The necessity of immediate decision of many of these questions, obliges me, being at so great a distance from Washington, to assume great responsibility. Almost everything, even most of the furniture, belonging to the Custom House, was destroyed — except the building, which was in a dilapidated state. I was compelled to employ considerable labor to make it habitable. I have discovered and seized rebel boats and launches and repaired them — had the Iron safes drilled, opened and repaired—obtained furniture—preserved and arranged all the old books and papers, and done many other necessary things, so that now we begin to work effectively.

Except salaries of appointed officers, all expenses have, as yet, been paid from the fees of the office — for, of course, money received for duties remains untouched. Hence you see strict economy is practiced. I intend every Government employee in this Custom House shall earn his wages.

No expenses have been, or shall be incurred except such as are absolutely necessary for the thorough establishment of the Custom House, and protection of the Revenue Service.

The whole amount of money collected for duties, is Seventy-Six Thousand Nine Hundred and four 85/100 Dollars ($76,904-85/100) — See my official report of this date. This amount is now in my hands and subject to your order. All the safes are repaired, and the money is perfectly safe, unless the army should be driven out by the Rebels, which is impossible.

The City never was more healthy, and as yet there is no danger of the Yellow Fever.

I do not think the military rule here or elsewhere, is severe enough. It ought to be more dangerous to be a secessionist than to be a loyal citizen, which is not the case here. We should adopt toward rebels, measures as severe as they adopt toward Union men. A real secessionist cannot be conciliated. I begin to incline to the opinion that the Abolition of Slavery is necessary, as a means of terminating the war. The South has persistently forced this issue upon the Government, and perhaps it must soon be accepted.

SOURCE: Diary and correspondence of Salmon P. Chase, Annual Report of the American Historical Association for the Year 1902, Vol. 2, p. 309-10

Commandant Samuel F. Dupont to Gustavus V. Fox, August 9, 1861

Private

Louner's near Wilmington

Aug. 9, 1861  

My Dear Mr. Fox

I was sorry to leave Washⁿ before your return, but it was better for what you have at heart, the Public Service. I have arranged with Davis to telegraph if wanted.

I take the pen to say first, how gratified I was at the tone, spirit, and felicitous expression of “the order” — it is a model dispatch.

I missed you by a few minutes on Sunday and had gone to the Department to ask for you to reconsider the preference expressed for myself and if any one came to yr mind who had more fitting requisites for the work it was yr duty to the country to mention it and no man living would acquiesce sooner than myself. So I was surprised to see yr rough draft, to which not one word was to be added nor one taken away. I think I shall come up to the Dept’s expectation and will doubtless be able to say to it as Lord Exmouth said to the Br. Admiralty, “Yr Lordships have given me such ample means that if I fail the failure will be mine — if I succeed, the success will be due to those means.”

But what I mainly wanted to say to you — that Jenkins was the man of all others to put on that Congressional Committee on the salaries — he has more financial knowledge and more knowledge of Governmt accounts and salaries than any officer in the navy — and will save us more than any man you could name. Further his early, constant, and uncompromising loyalty, surrounded as he was by traitorous Virginians, should not be forgotten. Twice going to Norfolk with Com. Paulding the aid of the latter and doing as I know everything for him, and yet his name never mentioned in the Com’s letter.

I spoke to the Secrty about naming Jenkins — he spoke of Foote, but the latter's abilities are not in that line, and I think the Depmt should show some appreciation of the former.

You were sadly wanted on Thursday and Friday — when Stellwagen came back. I will not venture to say more here, but I have thought much, ask Davis how indignant we were, but Mr. Welles did well.

Yrs most faithfully

S. F. DuPONT

Capt. Fox

Ass. Secy. Navy.

P.S.

Having seen just now an announcement that the I——s was going South and my mind is already so absorbed in the matter in hand, that I have opened my letter to say—that I deem the I——s P——e, S——a and the M——n if she arrive in time, as sine qua nons and the basis of the naval force to cross the bars — so I beg you to keep them within reach — no half men of war will answer to knock down the works we may meet with.

Yrs faithfully

S. F. DP.

I shall be in Philad tomorrow to see to things there and will write you if necessary

Sunday Aug. 11th

SOURCE: Robert Means Thompson & Richard Wainwright, Editors, Publications of the Naval Historical Society, Volume 9: Confidential Correspondence of Gustavus Vasa Fox, Assistant Secretary of the Navy, 1861-1865, Volume 1, p. 49-50

Diary of Gideon Welles: Monday, March 14, 1864

I spent yesterday with Fox, Faxon, Olcott, and a writer on the papers seized. They are bad enough, showing depravity and wickedness, but in many cases the names of persons are drawn in who are, I believe, guiltless of wrong.

I am not exactly satisfied with Olcott. Coming on in the cars with a criminal witness, he most indiscreetly talked in the sleeping-car of Henderson, Brown, Koons, and others, and their remarks reached the Navy Agent, who was also on board and called on me and stated the facts. Such a conversation in a public car was improper, and the person is not a proper one to have the liberty, character, and rights of others at his disposal. Fox, however, in his ardent nature, gives Olcott full credence and support, and is ready to follow his suggestions and suspicions to any extreme. I am reluctant to violate great fundamental principles of right. Fox says Senators Fessenden and Grimes beg that I will not hesitate.

I called on Judge Blair this morning and had half an hour's conversation. He advises me to press on; says that there is no doubt I am right, that all of these contractors are scoundrels; and thinks I have erred in not at once laying hold of the Navy Agents everywhere and taking possession of their papers. While I cannot think well of scarcely one of the Navy Agents, I am disinclined to the harsh and unnecessary exercise of power, especially as there is no explicit law or authority. Security to persons and papers has been a maxim in my political creed, and I cannot relieve my mind from it, even when compelled to take measures with bad men.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 540-1

Colonel Rutherford B. Hayes to Lucy Webb Hayes, August 30, 1863

Camp White, August 30, i863.

Dearest: — . . . These cold nights and autumn storms remind us of winter quarters. If we remain in this region I mean to have you with me if possible all winter, and I feel like beginning winter in good season. Already men are putting chimneys in their tents: A few weeks will probably settle the question as to where we shall spend the cold weather, and I shall send for you at the earliest possible moment.

My little sorrel in a savage fit bit Carrington very severely yesterday. In one snap he cut ten large gashes, several of them to the bone, in the muscular part of the right arm between the shoulder and elbow. The bone is not broken, but he will be disabled for a month. He shook him as a rat is shaken by a terrier dog. Charley Smith and two others were looking on, and jumped in, or it is possible he would have been killed. As soon as he was taken out of his stall the sorrel was as good-natured as usual.

I see it stated that very few are to be drafted in Ohio on this call. I am glad if it is really not necessary, although it would be pleasant to see our ranks full again. If we are not filled up we shall of course be mustered out of service at the end of our three years. — My love to all. Good-bye.

Affectionately, ever your

R.

Mrs. Hayes.

SOURCE: Charles Richard Williams, editor, Diary and Letters of Rutherford Birchard Hayes, Volume 2, p. 431

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.

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* Orange C. H. Records.

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

I, James Madison do annex this Codicil to my last will — as above & to be taken as part thereof. It is my will that the nine thousand dollars to be paid by my wife and distributed among my nephews & Nieces, may be paid into the Bank of Virginia, or into the Circuit Superior Court of Chancery for Orange, within three years after my death.

I direct that the proceeds from the sale of my Grist Mill & the land annexed sold at the death of my wife shall be paid to Ralph Randolph Gurly, secretary of the American Colonization society and to his executors & administrators, in trust and for the purposes of the said society, whether the same be incorporated by law or not.

This Codicil is written wholly by and signed by my own hand this nineteenth day of April 1835.

James Madison.

SOURCE: Gaillard Hunt, Editor, The Writings of James Madison: Volume IX, 1819-1836, p. 551-2