Thomas Jefferson Papers

William W. Hening to Thomas Jefferson, 31 March 1823

From William W. Hening

Richmond. March 31. 1823

Sir.

I sent you, to the care of Mr Winn Mercht of Charlottesville, a few days past, two copies of the 10th Vol of the Statutes at Large, for yourself, and the 9th Vol. for the University.1—retaining the 10th for the purpose of preserving uniformity in the binding.

The three first volumes are now re-publishing in New York and Philadelphia, with some additional matter, gleaned from ancient M.SS since the publication of the first edition. The caption in the acts, taken from your M.S. which I received from Edmund Randolph esqr has been corrected.—As soon as they are published, I will send you another complete copy.

In the appendix to the 10th Volume, I have given a series of papers in relation to the cession of the north western territory.—On page 565, you will find the Resolution of the General Assembly of Virginia, of the 2d of January 1781,2 as taken verbatim from the Original M.S. now in the clerks office of the House of Delegates. The words “and upon their own state establishment,” which occur in the original, are omitted in our act of Novr3 1783, and in the deed of cession.—I have been utterly at a loss to account for the omission, except on the ground of mistake, in the copy of the resolution first made for the governor, to be sent on to our delegates in Congress.—For, in the resolutions of congress of the 13th of Septr 1783, our resolution of the 2nd of Jany 1781, there called an act, is truly recited, except as to the omission above noticed.—Those words, consequently, do not appear to have been drawn into discussion in Congress.—Our act of cession of Novr 1783, conforms to the resolutions of Congress, and the deed literally recites it.

As you were a party to the deed of cession, which I intend to publish in the Appendix to the 11th Volume, I have thought it probable that you could cast some light on this subject. If so, I should be4 much gratified in receiving a communication5 from you.

I am respy Yrs

Wm W: Hening

RC (DLC); endorsed by TJ as received 3 Apr. 1823 and so recorded in SJL.

The Virginia resolution of the 2d of january 1781 provided “For a cession of the lands on the north west side of Ohio to the United States” (Hening, description begins William Waller Hening, ed., The Statutes at Large; being a Collection of all the Laws of Virginia, Richmond, 1809–23, 13 vols.; Sowerby, no. 1863; Poor, Jefferson’s Library, 10 (no. 573) description ends 10:564–7). The misdated act of novr 1783, which the Virginia House of Delegates actually passed on 19 Dec. 1783 and the Senate of Virginia confirmed a day later, was “An Act to authorize the Delegates of this State in Congress, to convey to the United States in Congress assembled, the right of this Commonwealth to the territory north westward of the river Ohio” (JHD description begins Journal of the House of Delegates of the Commonwealth of Virginia description ends [Oct.–Dec. 1783 sess.], 131, 148; Hening, description begins William Waller Hening, ed., The Statutes at Large; being a Collection of all the Laws of Virginia, Richmond, 1809–23, 13 vols.; Sowerby, no. 1863; Poor, Jefferson’s Library, 10 (no. 573) description ends 11:326–8). It was copied into the 1 Mar. 1784 deed of cession, which TJ drafted and cosigned as a delegate to the United States Confederation Congress (PTJ description begins Julian P. Boyd, Charles T. Cullen, John Catanzariti, Barbara B. Oberg, James P. McClure, and others, eds., The Papers of Thomas Jefferson, 1950– , 45 vols. description ends , 6:571–80; Hening, description begins William Waller Hening, ed., The Statutes at Large; being a Collection of all the Laws of Virginia, Richmond, 1809–23, 13 vols.; Sowerby, no. 1863; Poor, Jefferson’s Library, 10 (no. 573) description ends 11:571–5). This body had previously reviewed Virginia’s 2 Jan. 1781 resolution offering to cede the state’s northwest territory to the federal government and agreed to accept such a cession on the 13th of septr 1783 (JCC description begins Worthington C. Ford and others, eds., Journals of the Continental Congress, 1774–1789, 1904–37 description ends , 25:558–64; Hening, description begins William Waller Hening, ed., The Statutes at Large; being a Collection of all the Laws of Virginia, Richmond, 1809–23, 13 vols.; Sowerby, no. 1863; Poor, Jefferson’s Library, 10 (no. 573) description ends 11:567–70).

In the appendix to the 11th volume of his Statutes at Large, Hening concluded that the phrase in question was mistakenly omitted because in the original text a word was repeated at the beginning and end of the same line and the transcriber, “seeing the same word again at the end of the line, passed on to the next line; a circumstance which frequently occurs in copying” (Hening, description begins William Waller Hening, ed., The Statutes at Large; being a Collection of all the Laws of Virginia, Richmond, 1809–23, 13 vols.; Sowerby, no. 1863; Poor, Jefferson’s Library, 10 (no. 573) description ends 11:566).

A missing letter from TJ to Hening of 11 Apr. 1823 is recorded in SJL.

1Manuscript: “Universty.”

2Preceding six words interlined.

3Word interlined.

4Manuscript: “me.”

5Manuscript: “comnunication.”

Index Entries

  • An Act to authorize the Delegates of this State in Congress, to convey to the United States in Congress assembled, the right of this Commonwealth to the territory north westward of the river Ohio (1783) search
  • books; binding of search
  • Confederation Congress; and Va.’s cession of Northwest Territory search
  • Confederation Congress; TJ as member of search
  • Hening, William Waller; letters from search
  • Hening, William Waller; letter to accounted for search
  • Hening, William Waller; The Statutes at Large search
  • Jefferson, Thomas; Books & Library; manuscript collection of Va. laws search
  • Jefferson, Thomas; Books & Library; works sent to search
  • Jefferson, Thomas; Public Service; in Confederation Congress search
  • Northwest Territory; ceded by Va. legislature search
  • Randolph, Edmund; and manuscript of Va. laws search
  • The Statutes at Large (W. W. Hening); publication of search
  • The Statutes at Large (W. W. Hening); sent to TJ search
  • The Statutes at Large (W. W. Hening); sources for search
  • Virginia, University of; Books and Library; books and manuscripts for search
  • Virginia; and cession of Northwest Territory search
  • Virginia; General Assembly search
  • Virginia; governor search
  • Virginia; House of Delegates, journals of search
  • Virginia; laws of search
  • Virginia; TJ’s collection of laws of search
  • Winn, John (d.1837); Charlottesville postmaster search