Thomas Jefferson Papers

Philip N. Nicholas to Thomas Jefferson, 15 March 1823

From Philip N. Nicholas

Richmond. March 15th 1823

Dear Sir,

Mr Joseph Tate, who is the son of one of the most respectable citizens of our Town, is about to publish a Digest of the laws of Virginia, with notes which will contain an explanation of the principles of the common law which may be applicable to our statutory provisions, and a reference to the adjudged cases, both here & in England.

Mr Tate is the son of Mr Benjamin Tate, who by his industry in a mechanical employment, has amassed a considerable fortune, and has given his son the best education the country could afford, after which he studied law for several years in Philadelphia, & settled there but his health compelled him to return to his native state. Mr B. T. has been always one of the most zealous & ardent republicans in this state, and tho’ probably personally unknown to you, has been a steadfast supporter of the great principles, which you so long & so successfully labored to establish.1 The work under taken by the younger Mr Tate, I have no doubt will be ably executed, and will be of great service to the lawyer, the magistrate, and even the private citizen as being the most compendious view of our complicated system, which will be extant among us. It would gratify Mr Tate the father & son, to have the sanction of your name to his work, and on that account I take the liberty to send you his prospectus; and to request, that after you have examined it, you will have the goodness to place it in the hands of Mr Alexr Garrett, to whom I have written to beg he will procure s[u]bscribers for Mr Tate. With Sentiments of the highest respect & most sincere & cordial regard I am   Dr Sir

Yr faithful friend & Sert.

P. N. Nicholas.

RC (DLC); damaged at seal; endorsed by TJ as received 19 Mar. 1823 and so recorded in SJL. RC (MHi); address cover only; with Dft of TJ to Bernard Peyton, 5 Jan. 1824, on verso; addressed: “Thomas Jefferson esq Monticello Albemarle County va”; franked; postmarked Richmond, 15 Mar.

Joseph Tate (1796–1839), attorney and public official, was born in Richmond. He was practicing law in Philadelphia by 1818. Having returned to Richmond, in 1823 Tate published there A Digest of the Laws of Virginia, which are of a permanent character and general operation; illustrated by Judical Decisions: to which is added, an Index of the Names of the Cases in the Virginia Reporters. He served as mayor of Richmond from 1826 until his death. Tate owned three slaves in 1830 (John Adems Paxton, The Philadelphia Directory and Register, for 1818 [(Philadelphia, 1818)]; W. Asbury Christian, Richmond: Her Past and Present [1912], esp. 546; DNA: RG 29, CS, Richmond, 1830; Richmond Enquirer, 28 May 1839; gravestone inscription in Shockoe Hill Cemetery, Richmond).

Benjamin Tate (ca. 1765–1823), tanner, currier, and public official, was born in Lancaster County, Pennsylvania. By 1798 he moved permanently to Richmond, where he owned a leather tanning and currying business. Tate sat on the city’s common council, 1803–12, was chosen an elector for the 1808 presidential election, and served one term as mayor of Richmond, 1811–12. He was a founding director of the Farmers’ Bank of Virginia in 1812 and an officer of the Mutual Assurance Society in 1821. Tate owned six slaves in 1810 and two a decade later (Richmond Virginia Argus, 20 Nov. 1798, 9 Apr. 1803, 7 Apr. 1804, 9 Aug. 1808; Christian, Richmond, esp. 83, 546; Richmond Enquirer, 6 Apr. 1805, 5 Apr. 1811; Richmond Virginia Patriot, 7 Apr. 1812; The Richmond Directory, Register and Almanac, for the Year 1819 [Richmond, 1819], 19, 71; DNA: RG 29, CS, Richmond, 1810, 1820; Richmond Enquirer, 17 July 1821, 29 Apr. 1823; Henrico Co. Will Book, 6:139–40).

In the enclosed prospectus, not found, but also printed in the Richmond Enquirer, 9 Jan. 1823, Thomas Ritchie & Company proposed to publish Joseph Tate’s Digest of the Laws of Virginia, which would use the Revised Code of 1819 to supply those state laws “of a permanent character and general operation,” adding legislation enacted up to the date of publication and the texts of the United States Constitution, the Bill of Rights, and the Virginia state constitution; noted that, in order to safeguard against readers relying only on the text of each law, the work would also include “the judicial construction of the words of the Legislature, by the Court of Appeals, and by the General Court; referring, occasionally, to the decisions of the Supreme Court of the United States, on the Virginia laws, and to analogous cases, from the judicial tribunals of England, and of our sister States”; anticipated that the digest “will be useful to our citizens, generally,” as well as “to those professional gentlemen who attend the circuits; to our inferior courts; and, to professional gentlemen of our sister States”; stipulated that the volume would run between 500 and 650 pages, including an index, cost subscribers $5 and nonsubscribers $6.50, and be printed as soon as three hundred subscribers were obtained; and concluded with a testimonial to the proposed publication’s utility signed by Francis Brooke, William H. Cabell, John W. Green, and William Brockenbrough. When Tate published the work later this year, the Richmond firm of Shepherd & Pollard printed it.

1Word interlined in place of “support.”

Index Entries

  • A Digest of the Laws of Virginia, which are of a permanent character and general operation (J. Tate) search
  • Brockenbrough, William; as judge search
  • Brooke, Francis Taliaferro; as Va. Court of Appeals judge search
  • Cabell, William H.; as Va. Court of Appeals judge search
  • Constitution, U.S.; Bill of Rights search
  • Constitution, U.S.; publication of search
  • Garrett, Alexander; mentioned search
  • Green, John Williams; as attorney search
  • Jefferson, Thomas; Correspondence; letters of application and recommendation to search
  • law; books on search
  • Nicholas, Philip Norborne; letter from search
  • Nicholas, Philip Norborne; recommends J. Tate and B. Tate search
  • patronage; letters of application and recommendation to TJ search
  • Richmond Enquirer (newspaper); books publicized in search
  • Shepherd & Pollard (Richmond firm) search
  • subscriptions, for publications; legal search
  • Supreme Court, U.S.; decisions of referenced in legal digests search
  • Tate, Benjamin; identified search
  • Tate, Benjamin; recommended by P. N. Nicholas search
  • Tate, Joseph; A Digest of the Laws of Virginia, which are of a permanent character and general operation search
  • Tate, Joseph; identified search
  • Tate, Joseph; recommended by P. N. Nicholas search
  • The Revised Code of the Laws of Virginia: being a collection of all such acts of the General Assembly, of a public and permanent nature, as are now in force search
  • Thomas Ritchie & Co. (Richmond firm); proposes to publish work search
  • Virginia; constitution of (1776) search
  • Virginia; Court of Appeals search
  • Virginia; General Court search
  • Virginia; laws of search