Forensic Bibliography: Reconstructing The Library of George Wythe

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College of William & Mary Law School William & Mary Law School Scholarship Repository Library Staff Publications The Wolf Law Library 2013 Forensic Bibliography: Reconstructing The Library of George Wythe Linda K. Tesar William & Mary Law School, lktesar@wm.edu Repository Citation Tesar, Linda K., "Forensic Bibliography: Reconstructing The Library of George Wythe" (2013). Library Staff Publications. Paper 90. http://scholarship.law.wm.edu/libpubs/90 Copyright c 2013 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. http://scholarship.law.wm.edu/libpubs

Linda Tesar Virginia Association of Law Libraries April 12, 2013

Launched in 2005 by Kevin Butterfield and Jim Heller Re-create the legal portion of George Wythe s library Purchase list based on 1975 Colonial Williamsburg memo by Barbara C. Dean 72 titles : law, ethics, history, and political science

Three Categories: Books Wythe assigned to his students Books known to have been owned by Wythe Books Wythe was known to have read or thought to have owned Focused on treatises over reporters Collection, 2005-2009: 19 purchases 11 transfers

William Blackstone s Commentaries on the Laws of England Matthew Hale s History of the Pleas of the Crown Daniel Call s copy of Wythe s own case reports, Decisions of Cases in Virginia by the High Court of Chancery

Born in 1726 in Elizabeth City County, Virginia Legal apprenticeship with an uncle, Stephen Dewey Moved to Williamsburg in 1748 to become clerks for two committees of the House of Burgesses Briefly Virginia s youngest-ever attorney general Clients included George Washington and Richard Henry Lee

Delegate to Continental Congress Signer of Declaration of Independence Member of Committee to Rewrite Virginia Laws Presided over Virginia Constitutional Ratifying Convention Appointed to Virginia s High Court of Chancery

Professor of Law and Police 1779

Mock Trials Mock Legislatures

No inventory created by Wythe. No Wythe papers survived. Some of Wythe s books sold by a grandnephew. Collection bequeathed to Thomas Jefferson. Estimated to be worth 500.

Sowerby s Catalogue 15 volumes had Wythe bookplate 1 book signed by Wythe 1 copy dedicated to Wythe 18 volumes included manuscript notes attributed to Wythe 2 titles from Wytherelated collections

Library of Congress College of William and Mary John D. Rockefeller, Jr., Library, Colonial Williamsburg Library of Virginia University of Virginia Virginia Historical Society

Decisions of Cases in Virginia by the High Court of Chancery (1795) and 2 nd ed. (1852) Cases in pamphlet form, 1797-1798 Report of the Committee of Revisors Appointed by the General Assembly of Virginia in 1776 1769 and 1785 Compilations of Virginia Statutes

Goodwin Dean Library Thing Brown

Written in 1958 by Mary R.M. Goodwin Included in The George Wythe House: Its Furniture and Furnishings Divided titles into 3 categories: Law Books Journals Miscellaneous Relied upon Sowerby s Catalogue

To John Norton Esq. Merchant in London Dear Sir: I beg the favour of you to get the under-mentioned books, and send them by an early opportunity to Your humble servant G. Wythe Williamsburg 7th May 1770

Books to be sent to G. W. Andrews reports Atkyns reports Bunbury s reports Burrow s reports Fortescue s reports Foster s reports Melmoth s reports Shower s cases in parliament [Enclosure] Be pleased to add to the catalogue in the letter the journals of the house of commons since 1766. G. W. 8:May 1770

the bulk represents notes taken by Jefferson on law, political science, and religion during his formative years there is little doubt that the first hundred pages or so were compiled at a time when Jefferson [was] a student of law or a young lawyer the articles on feudal laws, the survey of the federative system the extracts from Montesquieu and Beccaria, the history of the Common law were written after 1774 and not later than 1776

Created in 1975 by Barbara C. Dean An expansion of Goodwin s shorter bibliography Divided into 6 categories: 1. Titles known to have been owned by Wythe 2. Titles Wythe purchased from the Virginia Gazette office or ordered from John Norton and Sons 3. Titles noted in the commonplace books of Wythe s students and presumably assigned by Wythe 4. Titles known to have been read by Wythe 5. Titles written or collaborated on by Wythe 6. Other titles illustrative of Wythe s time

Books Wythe owned: 22 from Goodwin s research 9 additional titles from Sowerby including Wythe case report s 1 additional title from Hemphill 8 received from Jefferson in France 1 advertised in the Virginia Gazette 3 in Special Collections of University of Virginia 1 in Rockefeller Library with Wythe s signature 1 (3 journal volumes) from Lord Botetourt s estate

Section follows Goodwin s research Added 4 new titles 3 from the Virginia Gazette Daybooks 1 from Jefferson-Wythe correspondence Titles differ from Goodwin in 3 cases

OR

OR

OR

Largest portion of the bibliography comprising 87 titles 5 duplicated in other bibliography sections 14 derived from Goodwin s list 41 from John Marshall s Law Notes Uses multiple sources including : Papers, commonplace book and biographies of Jefferson Alan Smith s Virginia Lawyers, 1680-1776 William Clarkin s Serene Patriot: A Life of George Wythe

Manuscript list in the hand of Thomas Jefferson Records dispersal decisions for Wythe s books Eight pages representing 338 titles (649 volumes) Lacks specific bibliographic detail Wide range of subjects

1697 1702 OR

Combines the research of Goodwin, Dean, Tay and Dibbell No subcategories Latest version (Dec. 2012) includes 478 entries Incorporates all known sources for each title Added more than 50 new titles

One of the more valuable 18 th century Commonwealth libraries Large number of case reports Few of the popular manuals for clerks and officials Not exhaustive in any one area of legal treatises More than 100 Greek and Roman classics

Three subject categories Law (treatises, reporters, and legislative journals) Political Science, History, and Philosophy Religion, Literature, and Science Priority given to legal treatises, political science, history and philosophy

1. Same title and edition as Wythe s actual books 2. Specific titles/editions definitively linked to Wythe though actual book may be lost 3. Titles derived from the notes and records of Wythe s students 4. Entries from Jefferson s inventory

174 titles 97 purchases since 2009 46 titles transferred from existing collections Three of Wythe s books on permanent loan from Swem Library Construction begins in July (2013) for a separate display room for the collection.