Thomas Jefferson Papers

Thomas Jefferson to James Oldham, 7 October 1823

To James Oldham

Monticello Oct. 7.1 23.

Sir

I recieved yesterday, during the session of the Visitors of the University, and laid before them,2 your two Memorials addressed to them, the one on your participation in the future work to be done on the Rotunda, and the second on the difference between yourself & the Proctor in the settlement of your accounts.

As to the first their answer is the fact that they do not propose that any further work on that building shall be engaged, until3 the part already engaged be finished; when their further proceedings will be determined by the state in which they shall find their funds to be. but in any case, the letting the works to Undertakers is not within their functions.4

As to the 2d they observe that the law has established the Proctor as the Executive agent of the institution; that within his duties lie those of making all necessary contracts, attending to the execution of those contracts and finally of settling them in the way he thinks it his duty to do: & if he refuses to do justice to those who have contracted with him, the act establishing his office5 has laid the courts of justice6 open to the person injured (as to all other persons suffering injustice) by making him liable to their suit7 in the ordinary courts. it is not within the duties prescribed by the law to the board of Visitors to take on themselves the office8 of the Courts of justice; nor would it be compatible with their plan9 of proceedings, to recieve all appeals which might be made from the Proctor, & to go into the course of fending & proving between the parties,10 which that might require. this would be more especially a waste of their time, as their decision would nothing bind the complaining party, to whom the courts of justice would still be open, and thus give him two chances of a favorable decision, instead of one,11 and would occasion all appeals to be first made to them. I return you your papers and assure you of my best wishes & respects.

Th: Jefferson

RC (ViHi); at foot of text: “Capt James Oldham.” Dft (facsimile in Profiles in History, Beverly Hills, Calif., autograph catalogue 35, Fall 2002, lot 56, pp. 34–5); on verso of reused address cover of John Winn and Others to TJ, 24 June 1823; endorsed by TJ. Tr (ViU: Oldham Papers); in the hand of chancery court clerk William S. Eskridge; exhibit “V” conjoined with Tr of Oldham’s Bill of Complaint against the University of Virginia Board of Visitors and Proctor, [before 26 Sept. 1825]. Enclosed in Oldham’s Bill of Complaint. Enclosures: Oldham’s Memorial to the University of Virginia Board of Visitors, 3 Oct. 1823, and enclosures. Other enclosure not found.

The act establishing the proctor’s office was the 14 Feb. 1816 “Act for establishing a College in the county of Albemarle” (Acts of Assembly [1815–16 sess.], 191–3).

1Reworked in Dft from “6.”

2Preceding four words added in margins of Dft.

3Manuscript: “unil.” Dft and FC: “until.”

4Sentence added and partially interlined in Dft.

5Preceding three words interlined in Dft.

6Dft: “law.”

7Reworked in Dft from “making the Proctor liable to suits.”

8Word interlined in Dft in place of “function.”

9Word interlined in Dft in place of “course.”

10Preceding three words interlined in Dft.

11Remainder of sentence interlined in Dft.

Index Entries

  • An Act for establishing a College in the county of Albemarle (1816) search
  • Brockenbrough, Arthur Spicer; as University of Virginia proctor search
  • Eskridge, William Scott; as chancery court clerk search
  • Oldham, James; as builder for University of Virginia search
  • Oldham, James; complaint against A. S. Brockenbrough search
  • Oldham, James; letters to search
  • Virginia, University of; Board of Visitors; and construction of University of Virginia search
  • Virginia, University of; Board of Visitors; meetings of search
  • Virginia, University of; Construction and Grounds; builders search
  • Virginia, University of; Construction and Grounds; disputes with workmen search
  • Virginia, University of; Construction and Grounds; Rotunda (library) search