“ Collection of the Virginia laws, being that in which the Sessions acts were bound together. should there be in the volume any acts not yet published nor copied, you could perhaps have them copied within the time the library will still remain here, which will probably be yet two or three weeks. I had always expected that the library would have been valued volume by volume, in which case I meant to reserve these acts and journals of the legislature of Virginia: but instead of that they took it in a lump as it stood on the catalogue at a sum in gross, so that I cannot retain a single volume. be so good as to have it well packed and addressed to me by the mail stage to Milton . . . ”

On March 15 Hening wrote requesting permission to retain this volume: “Previously to the receipt of your letter of the 11 ^th. Inst. I had carefully packed up all your M.S.S. with a view to return them to you by the first safe conveyance.--The V ^th Vol. containing the sessions acts was all that I meant to retain; and that only, till I could complete the publication of that part. I have finished the 5 ^th. Vol. of the Statutes at Large; and had made considerable progress on the 6 ^th. (bringing down the sessions acts to about the middle of your V ^th. vol.) when the late War commenced.--The interruptions unavoidable, from the state of the country, in the first instance, and lastly from the death of Mr Pleasants, the publisher, has so far suspended the work, that it has been absolutely impossible to print off the whole of the matter contained in your V. Volume.--From the year 1771, to the present time, I have a complete collection of the Acts of the General Assembly, and Ordinances of the convention, during the interregnum. But, deprived of your V ^th. Vol. I cannot possibly complete the work.--To transcribe what remains of the 5 ^th. Vol. would not only be a very laborious and expensive undertaking, but I could not vouch for the accuracy of the impression, unless it could be examined by the original.--Indeed, I do now know, [ i.e. “not know”?-- Ed.] how the Examiners could certify the edition to have been published agreeably to law, unless they could compare it with the printed copy.--Under these circumstances, I should presume, Congress could have no difficulty in your retaining the 5 ^th. Vol. until the matter now remaining, can be transferred to the Statutes at Large . . . If, from this candid representation of facts, you deem it indispensible, that I should send you, the V ^th. Vol. of your sessions acts, I will certain comply with your request; on receiving an intimation, to that effect.”

Jefferson replied on March 25: ““ I would do any thing rather than defeat the invaluable collection you are making of our statutes and will therefore undertake to apoligize to the library committee of Congress for the detention of the V ^th volume of the laws, and it’s safe delivery in time. but I must pray you to send off the rest without delay, as within 10. days or a fortnight an agent will be on from Washington to recieve the library . . .

" It was never my intention to have included this collection of our laws in the sale to Congress, and in my original offer I reserved a right to retain some books. but they have lumped the transaction in such a manner as that I am not able to retain a single volume, which became known to me so late that no time was left to get a change made before Congress rose . . . ”

To this Hening replied on April 1: “. . . As soon as I come down to the Sessions acts of 1769, from which date my own collection is complete, I will advise you, and will either send your 5 ^th. Volume to Monticello, or to the City of Washington as shall be most agreeable to yourself . . .”

The volume was not sent to the Library of Congress until 1820. On August 19 of that year Hening sent Jefferson a copy of the Statutes at Large as far as published and wrote: “The 8 ^th. volume will terminate the laws under the colonial government, and embrace all those in your 5 ^th. Volume of the Sessions acts; after which I shall send it on the the librarian of Congress . . .”