Volume 2

2 January 1777 to 18 June 1779, including the Revisal of the Laws, 1776-1786

Volume Details

Description

Volume 2 of The Papers of Thomas Jefferson covers the period from January 1777 to June 1779, when Jefferson became the second governor of the State of Virginia. He had retired from Congress and had declined a diplomatic appointment to France with the deliberate purpose of remolding the legal structure of Virginia.

Jefferson became a veritable legislative drafting bureau. He drew, or had a hand in, bills for preventing the importation of slaves, for ratifying the Articles of Confederation, for inoculation against smallpox, for establishing a land office and settling the titles of unpatented lands, etc. In addition, he was the principal figure in the critical struggle between the two houses of the legislature on the question of the Senate’s right to alter money bills.

During this entire period Jefferson was also at work on the grand project, instigated by himself and known as the Revisal of the Laws. The result was a Report containing 126 bills, submitted in June 1779 and never before included with any degree of completeness in an edition of Jefferson’s writings. Indeed, the Revisal has hitherto been only very imperfectly known and studied, though it contains such monuments of Jeffersonian thought as the Bill for Proportioning Crimes and Punishments, the Bill for the More General Diffusion of Knowledge, and the Bill for Establishing Religious Freedom. Concerning the last of these—a major charter of American liberties—new light on both its history and its text is provided in this volume.

Apart from lawmaking, the volume contains records of Jefferson’s activities as county lieutenant, concerned with local defense and the treatment of British sympathizers; as an amateur of science, corresponding with Rittenhouse and other learned men in Europe and America; as a protector and friend of the German officers of Burgoyne’s army interned at Charlottesville; as a farmer and gardener; as a book collector. Here, too, appear the first letters exchanged between Jefferson and John Adams—the beginnings of an incomparable correspondence.

Table of Contents

From Thomas Nelson, 2 January 1777	3
From John Goodrich, 20 January 1777	4
From Patrick Henry, 26 February 1777	5
Subscription to Support a Clergyman in Charlottesville, [February 1777]	6
Subscription to Support a Clerk of the Congregation in Charlottesville, [February 1777]	8
From Patrick Henry, 31 March 1777	9
To George Washington, [ca. 1 April 1777]	10
Election Return for Delegates from Albemarle County, [10 April 1777]	10
Receipt for Bounty Money, 15 April 1777	11
From John Harvie, [before 18 April 1777]	11
To George Washington, [18 April 1777]	12
To ——, 18 April 1777	12
From Richard Henry Lee, 29 April 1777	13
Petition from Some Inhabitants of Albemarle County, [before 12 May 1777]	14
Bill for Regulating the Appointment of Delegates to the Continental Congress, [12 May 1777]	15
To John Adams, 16 May 1777	18
From Richard Henry Lee, 20 May 1777	20
From John Adams, 26 May 1777	20
Bill to Prevent the Importation of Slaves, &c., [16 June 1777]	22
Election Writ Issued to Sheriff of Fluvanna County, 30 June 1777	24
To Silas Deane, 13 August 1777	25
To Benjamin Franklin, 13 August 1777	26
To John Adams, 21 August 1777	27
From Richard Henry Lee, 25 August 1777	29
List of British Prisoners and Their Quarters in Albemarle County, [25 September 1777]	31
Account of Guard for British Prisoners, [5 October 1777]	32
From Lucy Chiswell Nelson, 13 October 1777	33
From John Harvie, 18 [October] 1777	34
To Lucy Chiswell Nelson, 24 October 1777	36
From John Hancock, 25 October 1777	37
From John Harvie, [25 October 1777]	37
The Petition of Thomas Johnson (and the Resultant Controversy between the House of Delegates and the Senate concerning the Right of the Latter to Amend Money Bills), [11 November 1777–24 January 1778]	40
I. Petition of Thomas Johnson, [before 11 November 1777]	45
II. Report of Committee of House of Delegates on Right of Senate to Alter Money Bills, [4 December 1777]	46
III. Reply of Senate to House of Delegates concerning Money Bills, [9 December 1777]	46
IV. Notes on Money Bills, [before 9 January 1778]	50
V. Communication from House of Delegates to Senate concerning Money Bills, [9 January 1778]	54
VI. Reply of Senate to House of Delegates concerning Money Bills, [15 January 1778]	59
VII. Draft of a Resolution concerning Money Bills, [before 13 January 1778]	62
VIII. Resolution of the House of Delegates respecting the Claims of Thomas Johnson and Others, [24 January 1778]	63
Notes and Documents relating to the Transylvania and Other Claims for Lands under Purchases from the Indians, [19 November 1777]	64
I. Notes of Thomas Burke's Speech before the House of Delegates, [19 November 1777]	66
II. Depositions concerning Claims to Lands under Purchases from the Indians, [April 1777–October 1778]	68
Draft of a Bill to Give the Articles of Confederation the Force of Law, [after 15 December 1777]	111
Bill for Dissolving the Vestries of the Parishes of Meherrin and St. Anne, [16 December 1777]	112
Bill for Dividing the Counties of Augusta and Botetourt, [16 December 1777–12 January 1778]	113
Bill Indemnifying the Executive for Removing and Confining Suspected Persons, [16–26 December 1777]	119
To John Adams, 17 December 1777	120
Act to Empower the Justices of Cumberland and Fluvanna Counties to Appoint New Places for Holding Their Courts, 24 December 1777	121
Bill concerning Inoculation for Smallpox, [27 December 1777]	122
From John Harvie, 29 December 1777	125
Oath of Allegiance Signed by Citizens of Albemarle County, [1777]	128
List of Militia by Counties, [1777]	130
To George Rogers Clark, 3 January 1778	132
Bills for Establishing a Land Office and for Adjusting and Settling Titles, [8–14 January 1778]	133
I. Bill for Establishing a Land Office and Ascertaining the Terms and Manner of Granting Waste and Unappropriated Lands, [8 January 1778]	139
II. Bill for Settling Titles to Unpatented Lands, [14 January 1778]	155
Bill for Sequestering British Property, [13 January 1778]	168
Draft of a Resolution concerning Money Due British Subjects, [ca. 13 January 1778]	171
Bill Appointing the Place for Holding the High Court of Chancery and the General Court, [20 January 1778]	172
From Patrick Henry, 21 February 1778	173
From Edmund Randolph, 22 February 1778	173
To Isaac Zane, 26 February 1778	174
From Richard Henry Lee, 2 May 1778	175
From Richard Henry Lee, 3 May 1778	176
From Richard Henry Lee, 11 May 1778	177
Bill Granting Free Pardon to Certain Offenders, [13 May 1778]	178
Bill for Raising a Battalion for Garrison Duty, [16 May 1778]	179
Bill Establishing a Clerkship of Foreign Correspondence, [18 May 1778]	181
Bill Providing Speedy Remedy against Defaulters to the United States, [18 May 1778]	182
Bill Empowering the High Court of Chancery to Supply Vacant Offices, [19 May 1778]	183
Bill Providing a Supply for the Public Exigencies, [20 May 1778]	184
Bill to Amend an Act for Raising a Supply of Money, [21 May 1778]	186
Bill to Enforce Attendance of Members of Assembly, [26 May 1778]	188
Bill to Enable Judges of the General Court to Hold Two Additional Sessions, [27 May 1778]	189
Bill to Attaint Josiah Philips and Others, [28 May 1778]	189
To Richard Henry Lee, 5 June 1778	194
To Giovanni Fabbroni, 8 June 1778	195
To Samuel Henley, 9 June 1778	197
To James Mercer, 14 June 1778	199
From Richard Henry Lee, 16 June 1778	200
From Richard Henry Lee, 23 June 1778	201
To David Rittenhouse, 19 July 1778	202
From Richard Henry Lee, 20 July 1778	204
From Rev. James Madison, 26 July 1778	205
From Robert Carter, 27 July 1778	206
From Alexander Purdie, 27 July 1778	207
From Richard Henry Lee, 10 August 1778	208
From John Page, 19 August 1778	210
To Richard Henry Lee, 30 August 1778	210
From John Harvie, 15 September 1778	211
Virginia Troops in Continental Service, [30 September 1778]	213
From Richard Henry Lee, 5 October 1778	214
From Cyrus Griffin, 6 October 1778	216
Bill to Amend an Act for Raising a Supply of Money, [14 October 1778]	217
To John Hancock, 19 October 1778	224
Bill to Amend the Act Establishing a General Court, [27 October 1778]	226
To George Wythe, 1 November 1778	229
Bill for Giving the Members of the General Assembly an Adequate Allowance, [12 December 1778]	231
From John Hook, 5 January 1779	233
From Edward Rutledge, 12 February 1779	234
To George Wythe, 1 March 1779	235
From Richard Henry Lee, 15 March 1779	236
To Patrick Henry, 27 March 1779	237
To George Rogers Clark, [March or April 1779]	246
From Samuel Stanhope Smith, [March? 1779]	246
From George Mason, 3 April 1779	249
From William Phillips, 11 April 1779	252
From William Phillips, 12 April 1779	252
From Samuel Stanhope Smith, 19 April 1779	252
To Richard Henry Lee, 21 April 1779	255
George Rogers Clark to Patrick Henry, 29 April 1779	256
To Gabriel Jones, 29 April 1779	260
To William Phillips, [April? 1779]	261
From Richard Henry Lee, 3 May 1779	262
From William Fleming, 10 May 1779	264
From Edmund Pendleton, 11 May 1779	266
From William Fleming, 22 May 1779	267
From Richard Henry Lee, 22 May 1779	270
Bill for the Removal of the Seat of Government of Virginia, [29 May 1779]	271
Bill Amending Act for Fixing the Allowance of Members of the General Assembly, [31 May 1779]	273
Bill for Allowing Salaries to Certain Officers of Government, [May 1779]	274
Bill for Lessening the Evils of Securityship, [before June 1779?]	275
Message Accepting Election as Governor, [2 June 1779]	277
From John Page, 2 June 1779	278
To John Page, [3 June 1779]	279
Bill concerning Escheats and Forfeitures from British Subjects, [4 June 1779]	279
Evan Shelby to Patrick Henry, 4 June 1779	285
[To Benjamin Harrison, 7 June 1779]	286
To Theodorick Bland, 8 June 1779	286
To William Fleming, 8 June 1779	288
To Conrad Alexandre Gérard, 8 June 1779	290
To Benjamin Harrison, 8 June 1779	290
To Charles de Klauman, 12 June 1779	291
From Theodorick Bland, 14 June 1779	291
From John Jay, 16 June 1779	292
Order of Virginia Council Placing Henry Hamilton and Others in Irons, 16 June 1779	292
Inventory of Furniture in the Governor's Palace, 16 June 1779	296
[To Benjamin Harrison, 17? June 1779]	297
To Richard Henry Lee, 17 June 1779	298
To Theodorick Bland, 18 June 1779	299
To the Continental Board of War, 18 June 1779	300
Thomas Jefferson and George Wythe to Benjamin Harrison, 18 June 1779	301
The Revisal of the Laws 1776–1786	305
I. Plan Agreed upon by the Committee of Revisors at Fredericksburg, [13 January 1777]	325
II. Catalogue of Bills Prepared by the Committee of Revisors, 1–5 June 1779	329
III. Bills Reported by the Committee of Revisors	336
1. A Bill to Arrange the Counties into Senatorial Districts, 18 June 1779
2. A Bill concerning the Election of Members of General Assembly, 18 June 1779
3. A Bill Empowering One of the Privy Council to Officiate in Certain Cases as Lieutenant Governor, 18 June 1779
4. A Bill Empowering the Governor, with Advice of the Privy Council, to Lay Embargoes, 18 June 1779
5. A Bill for Regulating and Disciplining the Militia, 18 June 1779
6. A Bill Making Provision against Invasions and Insurrections, 18 June 1779
7. A Bill Giving Certain Powers to the Governor and Council for a Limitted Time, 18 June 1779
8. A Bill Establishing a Board of War, 18 June 1779
9. A Bill Establishing a Board of Trade, 18 June 1779
10. A Bill for the Annual Appointment of Delegates to Congress, and of a Member for the Committee of the States, 18 June 1779
11. A Bill Establishing a Board of Auditors, 18 June 1779
12. A Bill concerning the Public Treasurer, 18 June 1779
13. A Bill for Appointing Naval Officers, 18 June 1779
14. A Bill for the Appointment of Clerks to the Governor and Council, 18 June 1779
15. A Bill for the Enlistment of Soldiers, Sailors and Marines, 18 June 1779
16. A Bill for Apprehending Deserters, and Preventing the Loss of Arms and Other Things Delivered to Soldiers, 18 June 1779
17. A Bill concerning Seamen, 18 June 1779
18. A Bill for Supplying the Public with Lead, 18 June 1779
19. A Bill for Establishing Cross Posts, 18 June 1779
20. A Bill Directing the Course of Descents, 18 June 1779
21. A Bill concerning Wills; the Distribution of Intestate's Estates; and the Duty of Executors and Administrators, 18 June 1779
22. A Bill for Regulating Conveyances, 18 June 1779
23. A Bill Securing the Rights Derived from Grants to Aliens, 18 June 1779
24. A Bill concerning Escheators, 18 June 1779
25. A Bill to Prevent Frauds and Perjuries, 18 June 1779
26. A Bill of Mortmain, 18 June 1779
27. A Bill concerning the Dower and Jointures of Widows, 18 June 1779
28. A Bill for the Preservation of the Estates of Ideots and Lunatics, 18 June 1779
29. A Bill Providing that Wrongful Alienations of Lands Shall Be Void So Far as They Be Wrongful, 18 June 1779
30. A Bill for Amending an Act, Intitled, “An Act for Raising a Supply of Money for Public Exigencies,” 18 June 1779
31. A Bill for Levying County Rates, 18 June 1779
32. A Bill for Support of the Poor, 18 June 1779
33. A Bill for Ascertaining the Salaries and Fees of Certain Officers, 18 June 1779
34. A Bill Declaring Bills of Credit to Be Equal to Gold and Silver Coin of the Same Denominations, 18 June 1779
35. A Bill to Prevent the Circulation of Private Bank Notes, 18 June 1779
36. A Bill for Withholding British Property, to Indemnify Citizens Who May Suffer by Confiscation and to Prevent Succour to the Enemy Thereby, 18 June 1779
37. A Bill to Prevent Losses by Pirates, Enemies, and Others on the High Seas, 18 June 1779
38. A Bill for Preservation of Vessels Wrecked, or in Distress, and of Their Crews and Cargoes, 18 June 1779
39. A Bill concerning Estrays, 18 June 1779
40. A Bill for Restitution of Stolen Goods, 18 June 1779
41. A Bill for Preventing Infection of the Horned Cattle, 18 June 1779
42. A Bill for Improving the Breed of Horses, 18 June 1779
43. A Bill for Preservation of Deer, 18 June 1779
44. A Bill for Preventing Frauds by the Dealers in Flour, Beef, Pork, Tar, Pitch and Turpentine, 18 June 1779
45. A Bill for Licensing and Regulating Taverns, 18 June 1779
46. A Bill concerning Public Roads, 18 June 1779
47. A Bill for Establishing Public Ferries, 18 June 1779
48. A Bill concerning Mill Dams and Other Obstructions of Water Courses, 18 June 1779
49. A Bill for Unlading Ballast and Burial of Dead Bodies from on Board Ships, 18 June 1779
50. A Bill concerning Public Store-Houses, 18 June 1779
51. A Bill concerning Slaves, 18 June 1779
52. A Bill concerning Servants, 18 June 1779
53. A Bill for Apprehending and Securing Runaways, 18 June 1779
54. A Bill Declaring What Persons Shall Be Deemed Mulattoes, 18 June 1779
55. A Bill Declaring Who Shall Be Deemed Citizens of This Commonwealth, 18 June 1779
56. A Bill concerning Aliens, 18 June 1779
57. A Bill Declaring that None Shall Be Condemned without Trial, and that Justice Shall Not Be Sold or Deferred, 18 June 1779
58. A Bill Directing What Prisoners Shall Be Let to Bail, 18 June 1779
59. A Bill Directing the Mode of Suing Out and Prosecuting Writs of Habeas Corpus, 18 June 1779
60. A Bill concerning Guardians, Infants, Masters, and Apprentices, 18 June 1779
61. A Bill to Enable Guardians and Committees to Perform Certain Acts for the Benefit of Those Who Are under Their Care, 18 June 1779
62. A Bill for the Restraint, Maintenance, and Cure of Persons not Sound in Mind, 18 June 1779
63. A Bill for Registering Births and Deaths, 18 June 1779
64. A Bill for Proportioning Crimes and Punishments in Cases Heretofore Capital, 18 June 1779
65. A Bill Punishing Persons Guilty of Certain Forgeries, 18 June 1779
66. A Bill concerning Treasons, Felonies and Other Offences Committed Out of the Jurisdiction of this Commonwealth, 18 June 1779
67. A Bill concerning Truces, Safe Conducts, Passports, Licenses and Letters of Marque, 18 June 1779
68. A Bill for the Employment, Government and Support of Malefactors Condemned to Labour for the Commonwealth, 18 June 1779
69. A Bill to Encourage the Apprehending of Horse Stealers, 18 June 1779
70. A Bill for Preserving the Privileges of Ambassadors, 18 June 1779
71. A Bill for the Suppression and Punishment of Riots, Routs, and Unlawful Assemblies, 18 June 1779
72. A Bill Forbidding and Punishing Affrays, 18 June 1779
73. A Bill against Conspirators, 18 June 1779
74. A Bill against Conveying or Taking Pretensed Titles, 18 June 1779
75. A Bill to Punish Bribery and Extortion, 18 June 1779
76. A Bill Prescribing the Punishment of Those Who Sell Unwholesome Meat or Drink, 18 June 1779
77. A Bill to Prevent the Spreading of the Small-Pox, 18 June 1779
78. A Bill for Compelling Vessels and Persons Coming, and Goods Brought from Infected Places, to Perform Quarantine, 18 June 1779
79. A Bill for the More General Diffusion of Knowledge, 18 June 1779
80. A Bill for Amending the Constitution of the College of William and Mary, and Substituting More Certain Revenues for Its Support, 18 June 1779
81. A Bill for Establishing a Public Library, 18 June 1779
82. A Bill for Establishing Religious Freedom, 18 June 1779
83. A Bill for Saving the Property of the Church Heretofore by Law Established, 18 June 1779
84. A Bill for Punishing Disturbers of Religious Worship and Sabbath Breakers, 18 June 1779
85. A Bill for Appointing Days of Public Fasting and Thanksgiving, 18 June 1779
86. A Bill Annulling Marriages Prohibited by the Levitical Law, and Appointing the Mode of Solemnizing Lawful Marriage, 18 June 1779
87. A Bill against Usury, 18 June 1779
88. A Bill to Prevent Gaming, 18 June 1779
89. A Bill to Prevent Forestalling, Regrating, and Engrossing, and Sales by Auction, 18 June 1779
90. A Bill Constituting the High Court of Chancery, 18 June 1779
91. A Bill Constituting the General Court, 18 June 1779
92. A Bill Constituting the Court of Admiralty, 18 June 1779
93. A Bill Constituting the Court of Appeals, 18 June 1779
94. A Bill for Constituting Courts Martial, 18 June 1779
95. A Bill Constituting Justices of the Peace and County Courts, 18 June 1779
96. A Bill concerning Sheriffs, 18 June 1779
97. A Bill for Licensing Counsel, Attorneys at Law, and Proctors, 18 June 1779
98. A Bill Prescribing the Oath of Fidelity, and the Oaths of Certain Public Officers, 18 June 1779
99. A Bill to Prevent the Sale of Public Offices, 18 June 1779
100. A Bill Directing the Method of Proceeding upon Impeachments, 18 June 1779
101. A Bill for Regulating Proceedings in Courts of Equity, 18 June 1779
102. A Bill for Regulating Proceedings in Courts of Common Law, 18 June 1779
103. A Bill Directing the Method of Proceeding against, and Trying Free Persons Charged with Certain Crimes, 18 June 1779
104. A Bill Directing the Method of Trying Slaves Charged with Treason or Felony, 18 June 1779
105. A Bill for Reforming the Method of Proceeding in Writs of Right, 18 June 1779
106. A Bill concerning Partitions and Joint Rights and Obligations, 18 June 1779
107. A Bill for the Speedy Determination of Suits Wherein Foreigners Are Parties, 18 June 1779
108. A Bill for Speedy Recovery of Money Due from Certain Persons to the Public, 18 June 1779
109. A Bill for Recovering Demands of Small Value in a Summary Way, 18 June 1779
110. A Bill Providing That Actions Popular, Prosecuted by Collusion, Shall Be No Bar to Those Which Be Pursued with Good Faith, 18 June 1779
111. A Bill for Preventing Vexatious and Malicious Prosecutions and Moderating Amercements, 18 June 1779
112. A Bill Providing a Means to Help and Speed Poor Persons in Their Suits, 18 June 1779
113. A Bill Providing that an Infant May Sue by His Next Friend, 18 June 1779
114. A Bill Declaring When the Death of Persons Absenting Themselves Shall be Presumed, 18 June 1779
115. A Bill Prescribing a Method of Protesting Inland Bills of Exchange and Allowing Assignees of Obligations to Bring Actions Thereupon in Their Own Names, 18 June 1779
116. A Bill for Limitation of Actions, 18 June 1779
117. A Bill for Granting Attachments against the Estates of Debtors Removing Privately or Absconding, 18 June 1779
118. A Bill concerning Inquests, 18 June 1779
119. A Bill Permitting Those Who Will Not Take Oaths to Be Otherwise Qualified, 18 June 1779
120. A Bill for Regulating the Commencement of the Year, and the Computation of Time, 18 June 1779
121. A Bill Allowing a Bill of Exceptions to Be Sealed, 18 June 1779
122. A Bill for Enforcing Performance of Awards Made by Rule of Court, 18 June 1779
123. A Bill concerning Executions, 18 June 1779
124. A Bill concerning Rents and Distresses, 18 June 1779
125. A Bill Providing Remedy and Punishment in Cases of Forcible Entries and Detainers, 18 June 1779
126. A Bill for Repealing Certain Acts of Parliament and of General Assembly, 18 June 1779
IV. Appendix
1. Bill Declaring When Laws Shall Be in Force, 1779	658
2. Jefferson's Notes of English Statutes, 1779	658
3. Jefferson's Notes of Acts of Assembly Adopted October 1777 and May 1778, October 1777–May 1778	661
4. Outline of Bill for Proportioning Crimes and Punishments, &c., 1779	663
5. Memorandum by Jefferson on Bills to be Drafted, 1779	664

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