Act II · Chapter VII

Testament

1797 — 1798

Return to Philadelphia, the house on Third Street, the letter to Jefferson. — one sentence that will reshape American abolitionism.

Thaddeus Kosciuszko National Memorial, 301 Pine Street, Philadelphia (about the image)

Thaddeus Kosciuszko National Memorial
301 Pine Street, Philadelphia

Documentary photograph of the house in which the Philadelphia testament was drawn up on May 5, 1798. The boarding house of Mrs. Ann Relf, where Kościuszko rented a room from August 1797 to May 1798; today managed by the National Park Service as the smallest unit of the US National Park System (0.02 acre). Reproduction: FWNDK archive.

Source attribution in preparation

Adriana · Third and Pine

, evening. The ship Adriana makes fast to the wharf in the port of Philadelphia, where twenty-one years earlier a young captain from Mereczowszczyzna had appeared as an anonymous engineer. This time a crowd receives him: word of the arrival of the Naczelnik — the most celebrated soldier of the Revolution after Washington — had already crossed from England. Kościuszko spends the first days at Mrs. Loveson’s on Second Street; then Niemcewicz chooses lodgings that are small, secluded and cheap — the corner of Third & Pine Streets (today, 301 Pine Street), the boarding house of Mrs. Ann Relf, a three-story brick house with a porch, its windows looking out over Society Hill. Here Kościuszko will spend the next eight and a half months.

Philadelphia · a second encounter

The first weeks bring a steady stream of visitors. Jefferson, regularly in the evenings — conversations in French, long, sometimes political (Jefferson, Vice President under Adams, stands in open opposition to the Federalists; Kościuszko returns to politics from the deepest of falls), sometimes technical (Jefferson enthusiastically asks his opinion on a moldboard plow of his own design). Benjamin Rush, the physician of the Declaration, attends to the wounds in Kościuszko’s head and back — pain that has not subsided in three years. Kościuszko himself paints — among other things, he sketches a portrait of Jefferson. Others call as well: the architect Benjamin Latrobe, Justice Paterson, the chiefs Little Turtle and Joseph Brant. Niemcewicz, his secretary, conducts the correspondence — with England, France, Solothurn, Warsaw.

The second weeks bring practicalities. The Treasury pays Kościuszko his back pay from the war: twelve thousand two hundred eighty dollars of principal on a certificate of October 1783, with six percent interest from 1784 for fourteen years of arrears — some fifteen thousand two hundred dollars. In January 1798 Congress adds a further three thousand six hundred eighty-four dollars — in all, close to nineteen thousand dollars, a colossal sum by the standards of the day (the equivalent of roughly half a million present-day dollars) — together with a warrant for five hundred acres of land on the Scioto River in Ohio, where Columbus stands today. After his death that land would pass into his estate. In sum — a fortune that Kościuszko had never possessed and had never desired. And it is precisely this fortune that he resolves to bequeath to someone he had never known.

Someone he had never known — but not someone he was unable to imagine. From to Kościuszko’s orderly was Agrippa Hull (1759–1848), a Black soldier whom he treated “as an equal and a friend.” Those four years of closeness are the biographical root of the act that is about to be drawn up in the room on Third Street.

May 5, 1798 A hundred and fifty words against slavery

The Will

Saturday, . Philadelphia, the house on Third Street. Kościuszko, in the presence of Thomas Jefferson (designated executor), sets down in his own hand a single long sentence — revising a version drafted at the end of April. The text is brief — some 150 words in English — but its content is without precedent in the eighteenth-century world:

I, Tadeusz Kościuszko, being just on my departure from America, do hereby authorize my friend Thomas Jefferson to employ the whole of my property here — should I make no other testamentary disposition of my property in the United States — in purchasing Negroes from among his own or any others, and giving them liberty in my name; in giving them an education in trades or otherwise, and in having them instructed for their new condition in the duties of morality, which may make them good neighbors, good fathers and mothers, husbands and wives — and in their duties as citizens, teaching them to be defenders of their Liberty and Country, and of the good order of Society, and in whatsoever may make them happy and useful.

Tadeusz Kościuszko, Philadelphia Will,

In this act Jefferson is named as executor; on Kościuszko had also signed a power of attorney in his favor (witnessed by Dawson and Barnes). Under it Jefferson places the money in shares of the Bank of Pennsylvania and sends the dividends through Barnes to Amsterdam — which is why the estate will keep growing long after the testator’s departure: from about twenty thousand nine hundred dollars in to forty-three thousand five hundred and four in . The document is consigned to Jefferson’s personal papers — and there it will remain for the next two decades. Kościuszko, having signed, rises from the table and extends his hand to Jefferson.

Oil portrait of Thomas Jefferson in a black coat with a white jabot, three-quarter bust facing right, on a dark brown background — Rembrandt Peale, 1800, White House Collection. Jefferson, aged 57, a few months before his election as third President of the United States and two years after Kościuszko entrusted him with the execution of his will.
Exhibit VII.1

Rembrandt Peale (1778–1860), Thomas Jefferson, , oil on canvas, 58 × 48 cm.

The most recognizable portrait of Jefferson in his mature years, painted by the younger son of Charles Willson Peale — in the year Jefferson stands for (and is subsequently elected to) the office of third President of the United States. Two years after Kościuszko entrusted him with the execution of the Philadelphia will, seventeen years before the testator’s death.

Jefferson would become executor of the will in 1817, but never put its provisions into effect — in 1819, then seventy-six years old, in debt, himself a slaveholder, he ceded the obligation to the courts; the matter dragged through American courts until .

White House Collection (gift of Paul and Bunny Mellon). Reproduction: Wikimedia Commons, public domain.

The fate of the will. The act of May 5, 1798 was never carried out in full. When, in 1819, two years after Kościuszko’s death, the will was presented in the court of Albemarle County, Jefferson — then seventy-six, in debt, himself a slaveholder — judged himself incapable of fulfilling the trust and ceded the duties to the courts. Kościuszko’s subsequent wills (Solothurn, 1816 and 1817) named other, European beneficiaries, which complicated the matter substantially in law. The dispute reached the US Supreme Court four times (1827, 1833, 1834, 1852) — only in 1852, in Ennis v. Smith, did the court rule that the Solothurn will of 1816 had revoked the act of 1798; the estate — by various reckonings between some thirty-eight and forty-three thousand dollars — passed to the descendants of Kościuszko’s sisters. They received little: after the death of Lear, the administrator of the estate, in the trust passed to Colonel George Bomford, who embezzled it — of the forty-three thousand five hundred and four dollars shown on the books in 1847, barely some five thousand six hundred and eighty were recovered. The only attempt to carry out Kościuszko’s wishes remained Lear’s project of : a school for freedmen in Newark, New Jersey, under the auspices of the African Education Society — the plan came to nothing. What remained, however, is the moral text — the earliest documented abolitionist position taken by a general of the American Revolution. In the moral history of the United States, Kościuszko’s will carries greater weight than it would have had it been executed.

Return to France

That same night — , at four in the morning — Kościuszko slips out of Philadelphia in secret: Jefferson drives him in a closed carriage to New Castle, with a passport in the name of Thomas Kanberg. The reasons are news of the Polish Legions, which General Jan Henryk Dąbrowski is organizing in Italy alongside the French army, and Jefferson’s request that Kościuszko act as an unofficial intermediary in easing the quarrel with France after the XYZ Affair. The departure is thus in essence a diplomatic mission: the United States and France are sliding into an undeclared naval war (the Quasi-War), and Congress is preparing the Alien and Sedition Acts, passed later that summer. On , with Kościuszko already gone, Jefferson writes him a letter — partly in cipher.

From New Castle he sails directly for France; on he lands at Bayonne and sets out for Paris. This time he is no longer returning to Poland — for Poland is no longer on the map. He returns to the margins of Poland, where the last act of his life is yet to be played out: outside Paris, in Solothurn.

Here ends the testament. There begins the long European old age.

Critical apparatus · Chapter VII

Bibliography

The source apparatus of Chapter VII — the Philadelphia will is one of the most contested and most analyzed documents in the Kościuszko corpus, with a rich abolitionist literature. Iconography (NARA, Peale’s Jefferson) — IKONOGRAFIA.md, sections VII-A through VII-C.

Primary sources
  1. Kościuszko, Tadeusz, Philadelphia Will, May 5, 1798. Original: Albemarle County Circuit Court, Charlottesville (on deposit at the University of Virginia); transcription in: Founders Online.
  2. Jefferson, Thomas, correspondence with Kościuszko 1797–1817 (35 surviving letters). In: The Papers of Thomas Jefferson, Princeton University Press; Founders Online.
  3. Niemcewicz, Julian Ursyn, Podróże po Ameryce 1797–1807 [Travels in America 1797–1807], 1959 (English edition: Under Their Vine and Fig Tree, 1965).
  4. US Congress, resolution on the supplementary payment of Kościuszko’s back pay, January 1798.
  5. US Supreme Court, Ennis v. Smith, 55 U.S. 400 (1852) — ruling on Kościuszko’s American estate; text: Justia.
Kościuszko biographical literature
  1. Storozynski, Alex, The Peasant Prince, New York 2009 — chap. “The Will.”
  2. Haiman, Mieczysław, Kosciuszko: Leader and Exile, New York 1946.
  3. Pula, James S., Thaddeus Kościuszko: The Purest Son of Liberty, New York 1999 — chap. “A Second American Sojourn.”
The will and abolitionism
  1. Nash, Gary B. / Hodges, Graham Russell Gao, Friends of Liberty: Thomas Jefferson, Tadeusz Kościuszko, and Agrippa Hull — A Tale of Three Patriots, Two Revolutions, and a Tragic Betrayal of Freedom in the New Nation, New York, Basic Books 2008 — the most recent synthesis.
  2. Lerski, Jerzy, A Polish Chapter in Jacksonian America, Madison 1958.
  3. Sundstrom, Roy Alden, “Kosciuszko’s American Will and the Abolitionist Cause,” Polish American Studies, vol. 47/2 (1990), pp. 35–55.
  4. Finkelman, Paul, Slavery and the Founders: Race and Liberty in the Age of Jefferson, 3rd ed., Routledge 2014 — chap. on Jefferson as executor.
Jefferson and Kościuszko · a correspondence in friendship
  1. Stevens-McGuckin, Anna, Thomas Jefferson and Tadeusz Kościuszko: A Correspondence of Republicanism, PhD dissertation, University of Virginia 1992.
  2. Meacham, Jon, Thomas Jefferson: The Art of Power, New York, Random House 2012 — with analysis of Kościuszko’s role in Jefferson’s second term.
Digital repositories
  1. Founders Online · National Archives — all Jefferson–Kościuszko letters (1797–1817).
  2. Monticello · Thomas Jefferson Foundation — Jefferson’s digital archive, including documents pertaining to the execution of the will.
  3. Independence National Historical Park — Peale’s portrait of Jefferson, the house on 3rd Street.

Citation: Testament (1797–1798). Chapter VII of the monograph on Tadeusz Kościuszko, in: kosciuszko.world v2, ed. FWNDK, Gorzów Wielkopolski 2026. URL: kosciuszko.world/en/rozdzial/testament/ · License: CC BY-NC 4.0.