“ were deficient, except the acts of a few Sessions; contained in the MS. procured from the ex ^rs of M ^r. Bland.--I had no difficulty, however, in supplying the defect, having procured from M ^r. E. Randolph a very correct M.S. embracing the laws of that period . . .”

Six years later, after the sale of Jefferson’s library to Congress, the borrowed volumes were returned by Hening to Jefferson at the latter’s request. On April 8, 1815, Jefferson wrote to Hening acknowledging the receipt of the manuscripts but noted that two were missing, of which one was an “ MS. marked D. of laws from 1642/3 to 1661/2.”

To this Hening replied on April 15, 1815: “I should have answered your letter of the 8 ^th. by the return of the mail, had I not found it necessary to occupy much time in searching for the two MS. Vols, which you say are still wanting . . . The MS. marked D, containing the laws from 1642/3 to 1661/2 I certainly received from the late Edmund Randolph Esq. as his property; and, had he lived, I should as certainly have returned it to him.--I have several times offered it to his son Peyton, but he declined taking it.--It is now in my possession, & I have no doubt, that it is your property:--for I dosciver, that it is, in fact, marked D,--a circumstance which never before arrested my attention . . .

"I will make another effort, to find the thin M.S. marked A. & in any event, will send up that marked D, being well satisfied that it is your property.”

Jefferson answered on April 25: “ . . . With respect to the MS. D. your information gives me great joy, inasmuch as it’s existence is established. I was wrong in saying it was sent with the others, and you are right in saying you received it from m ( ^~ r) Randolph. the history of it is this. m( ^~ r) Randolph contemplating the writing a history of Virginia, borrowed all the MSS. from my library while I was in France. when he was to go on to reside with the General gov ( ^~ m) t as Att( ^~y ) Gen. he sent his books (and these MS. with them) to N. York. on sending them back from there to Philadelphia the box containing these MS. was found missing, & no enquiry could discover what was become of them. he communicated it to me, and we both considered them as lost. but some 2. or 3. years afterwards, on removing a pile of hides in the warehouse where his books had been stored this box was found & sent to him. he returned to me the MSS. but on comparing those he sent me with my catalogue, one was missing, & exactly the one I had always deemed the most valuable as comprehending the greatest number of the laws. I have long believed & deplored the loss of this volume. but the MS. D. is the very one, was overlooked by m ( ^~ r) Randolph when he returned me the others; and I have no doubt you recieved it from him. it escaped my memory, when I wrote you my last letter that this was the very volume which had never been returned to me, and which I therefore imagined without sufficient reflection, I had sent you with the rest. I shall be happy therefore to recieve and replace it with it’s companions. ”

On September 23, 1816, Hening wrote: “. . . I have still, in my possession, the M.S. vol. of laws, which I received, from the late Edmund Randolph Esq, and which, from the description you gave, I had no doubt was your property. I do not recollect, that you gave me any specific direction in relation to it.--Will you have it sent to you, or shall I send it to Washington?--and, if to the latter place, to whose address?”

Jefferson replied to this on October 12: “ . . . with respect to the MS. volume in your hands, as it belongs to Congress, it will be best when you are done with it, to forward it by the stage to Washington, addressed to m ( ^~ r) George Watterston, librarian of Congress. you would oblige me at the same time by dropping me a line of information, as it would be satisfactory to me to know that I stand there discharged from my obligations. ”

The “line” was not dropped until August 19, 1820, when Hening sent Jefferson a copy of the Statutes at Large and mentioned that on the completion of the 8th volume he would return to the Librarian of Congress Jefferson’s fifth volume of the Sessions Acts, “ as I have already done with M.S. D. which I received from M ^r. Randolph, but which you satisfied me belonged to your library. ”