Measures to allow enslaved blacks to join the army as well, and to reward them with their freedom in exchange for their service, were initiated over the next several years. One such scheme called for the legislatures of Georgia and South Carolina to create army units made up of slaves, who would then be freed following their discharge. This plan met with strong opposition in the two states involved, culminating in the threat that South Carolina might even withdraw its support for the war effort. Washington's silence on the matter and his tempered reaction to the failure of the plan clearly indicate that he was fully aware of the volatility of the subject and foreshadows his decision to abstain from the heated debates on slavery that were to recur during the Constitutional Convention a decade later. The basic issue that Washington saw in 1779 was that the 'Spirit of Freedom which at the commencement of this contest would have gladly sacrificed every thing to the attainment of its object has long since subsided, and every selfish Passion has take[n] its place — it is not the public but the private Interest which influences the generality of Mankind nor can the Americans any longer boast an exception.' In other words, private interest already had reestablished itself as the dominant force in American society, and all efforts to affect the institution of slavery would henceforth be held accountable to it.

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Nevertheless, the spirit of liberty that had been so invigorated by the events of the 1770s did manifest itself in a number of important measures affecting the status of America's slaves. In 1777 the constitution for the new state of Vermont completely abolished slavery, and Massachusetts soon followed suit. Many other Northern states, such as Pennsylvania in 1780, adopted legislation aimed at gradual emancipation during this period, although it was not until 1804 that New Jersey finally enacted a similar law. Not surprisingly, in the South anti-slavery gains were much more modest. But three Southern states, including Virginia in 1782, passed laws that made it possible for owners to manumit their slaves. It was the provisions of this law that Washington had to respect in formulating the manumission plan outlined in his will.

With his status as the preeminent symbol of American independence confirmed in the days following the peace of 1783, Washington became the focal point for many who sought to bring the Revolution's rhetoric on the inalienable rights of man to bear on other issues. Not surprisingly, probably the most prominent among them were men seeking to abolish slavery throughout the United States. Those who approached Washington on the subject reflected the remarkable diversity of perspectives and approaches found within the growing abolition movement. These included highly principled men, such as the Marquis de Lafayette and others who served during the Revolution, who knew Washington well. They argued their case on the proposition of universal freedom. Privately, Washington expressed his support for their views — he even encouraged schemes such as Lafayette's idea to establish a colony of freed slaves in Africa. But publicly Washington maintained his silence.

From his position as presiding officer over the Constitutional Convention, Washington had a ringside seat to observe the deep political divisions in the assembly over the question of slavery. The sectional conflicts that had arisen during the war over the enlistment of free blacks and slaves, the differing approaches taken by the individual states in the regulation of slavery within their borders and the conflict over repeated attempts to restrict the international slave trade all served as precursors to the even more highly charged debates that were to come in the convention hall in Philadelphia. Throughout the extended political maneuvering that was required to resolve the many contentious issues on the table, Washington remained silent, at least outwardly. But his fundamental support for a constitution that would unify the nation behind a strong central government remained unshakable. From this perspective, slavery was a topic fraught with danger, and one for which a compromise solution was the best that could be achieved.

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