Thomas Jefferson to Wythe, 16 January 1796 (Madison Draft with List of Virginia Laws)

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How many of the precious works of antiquity were lost while they were preserved only in manuscript?
Has there ever been one lost since the art of printing has rendered it practicable to multiply
& disperse copies? This leads us then to the only means of preserving those remains of our laws now
under consideration, that is, a multiplication of printed copies. I think therefore that there
should be printed at public expense, an edition of all the laws ever passed by our legislatures
which can now be found; that a copy should be deposited in every public library in America, in the
principle public offices within the State, and some perhaps in the most distinguished public
libraries of Europe... — Thomas Jefferson

Note: Jefferson produced multiple copies of the text of this letter. The copy transcribed below includes Mr. Jefferson's list of the Laws of Virginia in his personal library. It was sent to James Madison. For the Jefferson's personal copy of the message of this letter, see Thomas Jefferson to Wythe, 16 January 1796 (Copy of Madison Draft).

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"Thomas Jefferson to Wythe, 16 January 1796, pg 1." Image from the Library of Congress, The Thomas Jefferson Papers.

Th. Jefferson to G. Wythe
    In my letter which accompanied the box containing my collection of Printed laws, I promised to send you by post a statement of the contents of the box. On taking up the subject I found it better to take a more general view of the whole of the laws I possess, as well Manuscript as printed, as also of those which I do not possess, and suppose to be no longer extant. This general view you will have in the enclosed paper, whereof the articles stated to be printed constitute the contents of the box I sent you. Those in MS. were not sent, because not supposed to have been within your view, and because some of them will not bear removal, being so rotten, that in turning over a leaf it sometimes falls into powder. These I preserve by wrapping & sewing them up in oiled cloth, so that neither air nor moisture can have access to them. Very early in the course of my researches into the laws of Virginia, I observed that many of them were already lost, and many more on the point of being lost, as existing only in single copies in the hands of careful or curious individuals, on whose death they would probably be used for waste paper. I set myself therefore to work, to collect all which were then existing, in order that when the day should come in which the public should advert to the magnitude of their loss in these precious monuments of our property, and our history, a part of their regret might be spared by information that a portion has been saved from the wreck, which is worthy of their attention & preservation. In searching after these remains, I spared neither time, trouble, nor expense; and am of opinion that scarcely any law escaped me, which was in being as late as the year 1778 in the middle or Southern parts of the State. In the Northern parts, perhaps something might still be found. In the clerk's office in the antient counties, some of these MS. copies of the laws may possibly still exist, which used to be

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"Thomas Jefferson to Wythe, 16 January 1796, pg 2." Image from the Library of Congress, The Thomas Jefferson Papers.

be furnished at the public expense to every county, before the use of the press was introduced; and in the same places, and in the hands of antient magistrates or of their families, some of the fugitive sheets of the laws of separate sessions, which have been usually distributed since the practice commenced of printing them. But recurring to what we actually possess, the question is, what means will be the most effectual for preserving these remains from future loss? All the care I can take of them, will not preserve them from the worm, from the natural decay of the paper, from the accidents of fire, or those of removal when it is necessary for any public purposes, as in the case of those now sent you. Our experience has proved to us that a single copy, or a few, deposited in MS. in the public offices, cannot be relied on for any great length of time. The ravages of fire and of ferocious enemies have had but too much part in producing the very loss we are now deploring. How many of the precious works of antiquity were lost while they were preserved only in manuscript? Has there ever been one lost since the art of printing has rendered it practicable to multiply & disperse copies? This leads us then to the only means of preserving those remains of our laws now under consideration, that is, a multiplication of printed copies. I think therefore that there should be printed at public expense, an edition of all the laws ever passed by our legislatures which can now be found; that a copy should be deposited in every public library in America, in the principle public offices within the State, and some perhaps in the most distinguished public libraries of Europe, and that the rest should be sold to individuals, towards reimbursing the expences of the edition. Nor do I think that this would be a voluminous work. The MSS. would probably furnish matter for one printed volume in folio, would comprehend all the laws from 1624 to 1701, which period includes Purvis. My collection of Fugitive sheets forms, as we know, two volumes, and comprehends all the extant laws from 1734 to 1783; and the laws which can be gleaned up from the Revisals to supply the chasm between 1701 & 1734, with those from 1783 to the close of the present century, (by which term the work might be compleated,) would not be more than the matter of another volume. So that four volumes in folio, would give every law ever passed which is now extant; whereas those who wish to posses as many of them as can be procured, must now buy the six folio volumes of Revisals, to wit, Purvis & those of 1732, 1748, 1768, 1783, & 1794, and in all of them possess not one half of what they wish. What would be the expence of the edition I cannot say, nor how much would be reimbursed by the sales; but I am sure it would be moderate, compared with the rates which the public have hitherto paid for printing their laws, provided a sufficient latitude be given as to printers & places. The first step would be to make out a single copy for the MSS., which would employ a clerk about a year or something more, to which expence about a fourth should be added for the collation of the MSS., which would employ 3. persons at a time about half a day, or a day in every week. As I have already spent more time in making myself acquainted with the contents & arrangement of these MSS. than any other person probably ever will, & their condition does not admit their removal to a distance, I will chearfully undertake the direction & superintendence of this work, if it can be done in the neighboring towns of Charlottesville or Milton, farther than which I could not undertake to go from home. For the residue of the work, my printed volumes might be delivered to the Printer.
    I have troubled you with these details, because you are in the place where they may be used for the public service, if they admit of such use, & because the order of assembly, which you mention, shews they are sensible of the necessity of preserving such of these laws as relate to our landed property; and a little further consideration will perhaps convince them that it is better to do the whole work once for all, than to be recurring to it by piece-meal, as particular parts of it shall be required, & that too perhaps when the materials shall be lost. You are the best judge of the weight of these observations, & of the mode of giving them any effect they may merit. Adieu affectionately.
              Monticello Jan. 16. 1796.

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"Thomas Jefferson to Wythe, 16 January 1796, pg 3." Image from the Library of Congress, The Thomas Jefferson Papers.

    A statement of the Volumes of the Laws of Virginia, Manuscript & Printed in my possession

A M.S. marked A. given me by the late Peyton Randolph. It had belonged to his father Sr. John Randolph, who had collected papers with a view to write the history of Virginia. It is attested by R. Hickman, & contains the acts of 1623/4 Mar. 5. 35 acts.

M.S. marked {43} purchased of the ex.rs. of the late Peyton Randolph, having been among the collections of Sr. John Randolph. From the resemblance of the mark to some I have formerly seen in the Secretary’s office, I suspect this to be an original volume of records, probably borrowed by Sr. J. R. it contains the laws from 1629. to 1633.

M.S. marked F purchased from the admr. Of Col. Richard Bland decd. It contains laws from 1639 to 1667.

M.S. marked D. purchased from the admr. Of Col. Richard Bland decd. it contains laws from 1642/3 to 1661/2.

M.S. copied by myself of the laws of 1660/1 Mar. 23.

M.S. from the Charles city office, to which it belonged probably. I found it in Lorton’s tavern, brought in to be used for waste paper. Much had been already cut off for thread papers & other uses. Debnam, the then clerk very readily gave it to me, as also another hereafter mentioned. It still contains from chap. 31. Of the session of 1661/2 to 1702.

M.S. marked B. purchased of the ex.rs. of the late Peyton Randolph, part of Sr. John Randolph’s collection. It contains laws from 1662 to 1697.

M.S. appendix to a copy of Pervis’s collection from the Westover library, given by the late Col. W. Byrd to Mr. Wayles, whose library came to my hands.

M.S. from the Charles city office, given to me by Debnam as above mentioned. It contains from c.2. to c.53. of the laws of 1705.

M.S. given me by the present John Page of Rosewell. It had belonged to Matthew Page his grandfather who was one of the commissioners of 1705 for revising the laws and was probably furnished with this copy for that work.



Printed laws.

Pervis’s collection. This forms the 1st vol. of my collection of the Printed laws of Virginia.

Revisal of 1732. This forms the 2d. vol.

Revisal of 1748. This is vol. the 3d.

Revisal of 1768. This is vol. the 4th.

Fugitive sheets of the laws of particular sessions bound together from 1734 to 1772 making vol. the 5th.

         from 1775 to 1783 making vol. the 6th

Revisal of 1783 by the Chancellors making vol. 7th.

Revisal of 1794 making vol. 8th.

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"Thomas Jefferson to Wythe, 16 January 1796, pg 4." Image from the Library of Congress, The Thomas Jefferson Papers.

A statement of the particular acts of the assembly of Virginia, in my possession either M.S. or Printed, and of those not in my possession & presumed to be lost.
1619. June. The first session of assembly ever held in Virginia. Lost.
1620. May. Lost.
1622. Lost
1623/4 Mar. 5. I have in M.S.
1626. lost.
1629. Oct. 16.
1629/30 Mar. 24. I have in M.S.
1631. Feb. 21. I have in M.S.
1632. Sep. 4. 60 acts. I have in M.S.
1632/3 Feb. 1. 6. acts. I have in M.S.
1633. Aug. 21. 16 acts. I have in M.S.
1639. Jan. 6. I have in M.S.
1642. Apr. 1. I have the 21d & 22d. acts in M.S.
1642/3 Mar. 2. A revisal. I have in M.S.
1644. Oct. 1. I have in M.S.
1644/5 Feb. 17. I have in M.S.
1645. Nov. 20. I have in M.S.
1646 Oct. 5. I have in M.S.
1647 Nov. 3. I have in M.S.
1648 Oct. 12. I have in M.S.
1649 Oct. 10. I have in M.S.
1652 Apr. 26. I have in M.S.
    Nov. 25 I have in M.S.
1653 July 5. I have in M.S.
1654 Nov. 20. I have in M.S.
1655. Mar. I have in M.S.
1655/6 Mar. 10. I have in M.S.
1656 Dec. 1. I have in M.S.
1657/8 Mar. 13 a revisal. I have in M.S.
1658/9 Mar. 1 I have in M.S.
1659/60 Mar. 13. I have in M.S.
1660. Oct. 11. I have in M.S.
1660/1 Mar. 23. I have in M.S.
1661/2 Mar. 23 Chap. 1. To 138. Inclusive. Printed.
1662. Dec. 2 or 23. Chap. 1.2.3.4.5.6.7.8.9.10.11.12.13.15.17.18.21.23. Printed.
    14.16.19.20.22. in M.S.
1663. Sep. 10. Chap. 1.2.4.7.8.9.10.11.14.16.17. Printed.
         Chap. 3.5.6.12.13.15.18. in M.S.
1664. Sep. 20. 9. Acts. Printed.
1665. Oct. 10. Chap. 1.2.3.5.6.7.8.9. Printed.
              4.10. in M.S.
1666. June 5. Chap. 2.3.4. Printed.
         1. in M.S.
    Oct. 23. Chap. 1.2.3.4.5.6.9.10.11.12.13.15.16.17.18.19.20.21.22.23.24. Printed.
              4.8.14. in M.S.
1667. Sep. 3. Chap. 1.2.3.4. Printed.
              5.6.7. in M.S.
1668. Sep. 17    Chap. 1.2.3.4.5.6.7.8.9. Printed.
1669. Oct. 20. Chap. 1.2.3.4.5.6.7. Printed.
         8.9. ini M.S.
1670. Oct.3.     Chap. 1.2.3.4.5.6.7.8.9.10.12. Printed
              11. in M.S.
1671. Sep. 20. Chap. 1.4.5.6. Printed
              2.3.7. in M.S.
1672. Sep. 24. Chap. 1.2.3.4.5.7.8.9.10. Printed
              6.11. in M.S.
1673. Oct. 20. Chap. 1.2.3.4.5. Printed.
         6.7. in M.S.
1674. Sep. 21. Chap. 1.3.4.6.7. Printed.
         2.5.8.9.10. in M.S.
1675/6 Mar. 7. Chap. 3. Printed.
              1.2.4. in M.S.
1676. June 5. Chap. 1. To 20. In M.S.
1676/7 Feb. 20. Chap. 4.6.7.8.9.10.11.13.14.16.17.20. Printed.
              1.2.3.5.12.15.18.19. in M.S.
1677. Oct. 10. Chap. 1.2.3.4.5.8.9.10.11.12. Printed.
              6.7. in M.S.
1679. Apr. 25. Chap. 1.2.3.4.5.6.7.8.9. Printed
              10.11. in M.S.
1680. June 8. Chap. 1. To 17. Printed.
1682. Nov. 10. Chap. 1. To 13. Printed.
1684. Apr. 16. Chap. 2. Printed.
         1.3.4.5.6.7.8.9.10. in M.S.
1686. Oct. 20. Chap. 1 to 11 in M.S.
1691. Apr. 16. Chap. 12. Printed.
              1.2.3.4.5.6.7.8.9.10.11.13.14.15.16.17.18.19.20.21. in M.S.
1692. Apr. 1. Chap. 1. to 7. in M.S.
1692/3. Mar. 2. Chap. 1. to 7. in M.S.
1693. Oct. 10. Chap. 1. to 5. in M.S.
1695. Apr. 18. Chap. 1. to 6. in M.S.
1696. Sep. 24. Chap. 1 to 14. in M.S.
1697. Oct. 21. Chap. 1 in M.S.
1698. Sep. 28. No law past at this session.
1699. Apr. 27. Chap. 1. to 16. in M.S.
1700. Dec. 5. Chap. 1. to 6 in M.S.
1701. Aug. 6. Chap. 1. to 6. in M.S.

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"Thomas Jefferson to Wythe, 16 January 1796, pg 5." Image from the Library of Congress, The Thomas Jefferson Papers.

1702. May. 30. Chap. 1.2. Lost
    Aug. 14. Chap. 1. A part of it in M.S.
              2.3.4. Lost
1702/3 Mar. 19. No act passed.
1704. Apr. 20 Chap. 1 to 11. Lost.
1705. Apr. 18. Chap. 1. to 4. Lost
    Oct. 25. Chap. 2.3.5.6.7.8.9.10.12.13.14.15.17.19.20.22.23.25.27.28. 29.30.32.33.35.38.39.40.41.43.44.45.46.47.48.49.50.52.53. Printed.
         4.44.16.18.21.24.26.31.34.36.37.42.51.55. in M.S.
         1.54. Lost.
1710. Oct. 25. Chap. 3.4.5.8.11.12.13.14. Printed.
              1.2.6.7.9.10.15.16.17. in M.S.
1711. Nov. 7. Chap. 2.3. Printed
              1. in M.S.               Here the M.S.S. end.
              4.5. Lost.
1712. Oct. 22. Chap. 4.5. Printed.
              1.2.3.6.7. Lost
1713. Nov. 5. Chap. 3.4.6.7.8. Printed.
              1.2.5.9.10.11.12. Lost.
1714 Nov. 16. Chap. 1.2.3.5. Printed.
              4. Lost.
1715. Aug. 3. Chap. 1.2.3. Lost.
1718. Apr. 23. Chap. 1.3. the substance Printed in Beverley’s abridgment.
         2.4. Lost.
    Nov. 11. Chap. 1.2. Lost.
1720. Nov. 2. Chap. 3.4.5.6.7.8. Printed
              1.2. Subst.e. in Beverl. Abr.
              9.10.11.12.13.14.15.16.17.18. Lost.
1722. May 9. Chap. 1.2.3.6.7.8.9. Printed.
              4.5.10.11.12.13.14.15.16. Lost.
1723. May 9. Chap. 2.4.8.10. Printed
              1.3.5.6.7.9.11.12.13.14.15. Lost.
1726. May 12. Chap. 1.2.3.4.6.7.8. Printed.
              5.9.10.11.12.13.14. Lost.
1727/8 Feb.1. Chap. 3.5.6.7.8.9.10.11.12.13.14. Printed.
              1.2.4.15.16.17.18.19.20.21.22. Lost.
1730 May 21. Chap. 1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19. Printed.
              20.21.22.23.24.25.26.27.28.29. Lost.
1732. May 18. Chap. 1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20. Printed.
              21.22.23.24.25.26.27.28.29.30.31.32.33.34.35. Lost.
         Here begins my collection of the Fugitive sheets of Laws printed for each session.
1734. Aug. 22. 31. Acts. Printed.
1736. Aug. 5. 25. Acts. Printed.
1738. Nov. 1. 25. Acts. Printed.
1740. May 22. 15. Acts Printed.
    Aug. 1. 1. Act Printed.
1742. May.6. 33 Acts. Printed.
1744. Sep. 4. 46. Acts. Printed.
1745/6 Feb. 20. 30. Acts. Printed.
1746. July 11. 2. Acts. Printed.
1747. Mar. 30. 5. Acts. Printed.
1748. Oct. 27. Chaps. 1. To 55. Printed. also Chap. 57.77.
              56. to 89. Lost. (except Chap. 57.77.) 1752. Feb. 27. 53. Acts. Printed.
1753. Nov. 1. 28. Acts. Printed.
1754. Feb. 14. 3. Acts. Printed.
    Aug. 22. 3. Acts. Printed.
    Oct. 17. 7. Acts. Printed.
1755. May. 1. 24. Acts. Printed.
    Aug. 5. 8. Acts. Printed.
    Oct. 27. 6. Acts. Printed.
1756. Mar. 25. 13. Acts. Printed.
    Sep. 20. 3. Acts. Printed.
1757. Apr. 14. 30. Acts. Printed.
1758. Mar. 30. 2 Acts. Printed.
    Sep. 14. 13. Acts. Printed.
    Nov. 9. 1 Act Printed.
1759. Feb. 22. 34. Acts. Printed.
    Nov. 1. 6. Acts. Printed.
1760 Mar. 4. 3. Acts. Printed.
    May 19.     Printed
    Oct. 6. 4. Acts. Printed.
1761. Mar. 5. 31. Acts. Printed.
    Nov. 3. 13. Acts. Printed.
1762. Jan. 14. 3 Acts. Printed.
    Mar. 30. 7 Acts. Printed.
    Nov. 2. 44 Acts. Printed.
1763. May 19. 13 Acts. Printed.
1764. Jan. 12. 13 Acts. Printed.
    Oct. 30. 54. Acts. Printed.
1766. Nov. 6. 61 Acts. Printed.
1768. Mar. 31. 7 Acts. Printed.
1769. May 8. A convention. No act passed.
    Nov. 7. 89 Acts. Printed.
1771 July 11. 4 Acts. Printed.
1772. Feb. 10. 68 Acts. Printed.
1773 Mar. 4. 16. Acts. Lost from my collection.
1774. May 5. Dissolved before any act passed.
1775. June 1. The last assembly under the Royal government, it was discontinued by not meeting on it’s own adjournement, without having passed any Law.

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"Thomas Jefferson to Wythe, 16 January 1796, pg 6." Image from the Library of Congress, The Thomas Jefferson Papers.

         Conventions
1775. July 17. Ordinances. Printed.
    Dec. Ordinances. Printed.
1776. May. 6. Ordinances. Printed.
              Assemblies.
    Oct. 7. Acts. Printed.
1777. May 5. Acts. Printed.
    Oct. 20. Acts. Printed.
1778. May 4. Acts. Printed.
    Oct. 5. Acts. Printed.
1779. May 3. Acts. Printed.
    Oct. 4. Acts. Printed.
1780. May 1. Acts Printed.
    Oct. 16. Acts Printed.
1781 Mar.
    May 7. Acts Printed
    Nov. 5. Acts Printed
1782. May 6. Acts Printed.
1783. May 5. Acts. Printed.
    Oct. 20. Acts. Printed.
         Note that the terms ‘Printed’ or ‘in M.S.’ means that I have the Laws Printed or in          M.S.