Colonial Williamsburg Foundation Library Research Report Series - 1372
Colonial Williamsburg Foundation Library
Williamsburg, Virginia
1990
Department of Research and Record
Colonial Williamsburg, Incorporated
September 23, 1938
In the early history of Virginia the public records of the colony were normally stored in the Clerk's or Secretary's office. After the erection of a Statehouse, the records were stored there and in the several fires which destroyed these buildings serious losses occurred.
When the first Capitol was erected in Williamsburg, the Secretary's Office was included in the building, and the records were stored there in boxes and presses. Fire, which had several times destroyed the Statehouses at Jamestown, burned the Capitol in Williamsburg in 1747. At this time it was decided to build a record office apart from the Capitol building but convenient to it.
There are practically no records concerning this building. These few, the acts directing its building and the subsequent acts concerning it, have been assembled in the following report.
After the removal of the capital to Richmond, the building was used as a Clerk's Office and for various public purposes. Benjamin Waller, as clerk of the Admiralty Court, had his office in the building after the official records of the Colony and Commonwealth of Virginia were ordered removed December 24, 1779. During the Revolution, Waller kept the Clerk's Office in this building; and it has been so-called in more recent times.
In October, 1782, the following bill was proposed:
This was passed on December 3, 1782, and the Admiralty Court continued to meet at the Capitol. On January 5, 1784, Walker Maury opened a grammar school in the Capitol, having altered the buildings in the Capitol Square for the purpose. He made many changes in the Capitol and in the Public Records Office, which are indicated by his account with the mason and builder, Humphrey Harwood.An act to vest the capitol square, with the buildings thereon, in the city of Williamsburg, in the mayor, recorder, aldermen, and common council of the said city.
2aI. WHEREAS it hath been represented to this present general assembly, that the public lands, with the buildings thereon, in the city of Williamsburg, commonly called the capitol square, may be usefully employed as a residence for a grammar master, and as a place fit for the tuition and instruction of youth:
II. BE it therefore enacted, That the said lands and the buildings thereon, shall be, and the same are hereby vested in the mayor, recorder, aldermen and common council of the city of Williamsburg, for the term of ten years, and from thence to the end of the next session of assembly, for the purpose of accommodating a grammar master, and fitting it for the education and instruction of youth, except the room commonly used for the court of admiralty to hold their sessions in which is still reserved for the public use hereby.
(Hening, Statutes at Large, Vol 11, p. 151-152)
According to his advertisement on May 31, 1786, "Mr. Maury, with his family" were "fixed on the Square." This, no doubt, means he was living in the former Public Records Office, which was then called "The Secretary's Office."
His account with Harwood covered a period from June 24, 1784, to November, 1786, and was for work on both buildings. In some cases, the "Secretary's Office" is mentioned specifically (see items on page 19). Since the building has become available for archaeological examination, the following items in Maury's account with Harwood have been established as being for work on the Public Records Office:
1785 Septemr 13 - To 22 bushels of lime a 1/ . & cuting out Wall & working 8 window frames 96/ . 5:18: 0 3 Octr 23 To taking out door Frame, & working in one 12/. office 12: 0 Novr 22 To larthing & plasterg 471 yds a 6½d. 12:14: 9½ Decr 22 To altering 2 Doors 10/. & labours work 3/ 13: 1786 January 5 To vaulting 3 Chimneys and Laying 3 harthes & 10 days labr a 2/6 3: 8: 0
After Maury's school closed, William Russell, clerk of the District Court, complained that a squatter, Philip Bidgood, had established his residence in the former "Secretary's Office" before May 1, 1789 (page 20). In 1793 an act was passed permitting the city to rent the "Secretary's Office" (p. 20-21).
In 1824 William T. Banks, Clerk of the Superior Court of Chancery for the Williamsburg District had his office and residence there (p. 22-23). It was then properly called The Clerk's Office. In 1832, the Capitol burned, (p. 23) and the next year the titles to all the properties in the Capitol Square were vested in the city authorities of Williamsburg (p. 24). They in turn conveyed it in 1839 to the Trustees of the Female Academy which was incorporated that year (p. 24-25).
The property passed back to private ownership after that date and the earliest surviving nineteenth century records indicate that it was purchased by Morgan I. Smead on November 4, 1855, from John B. Christian, in which deed it was mentioned as being known as "The Chancery Office Lot." Smead gave Christian a deed of trust on the property and under this Christian's executors sold the property on February 5, 1870, to E. Willard Smith—again it was described as "The Chancery Office Lot." Smith also gave a deed of trust to William W. Vest on February 15, 1872, which was executed by default on December 11, 1876. Vest deeded the property to D. R. Jones on July 7, 1879. 4 In his will, Mr. Jones left his wife a life interest in the property with authority to dispose of it if necessary; and at her death it was to be divided equally between the children. The will was probated Feb. 12, 1890.
It is by the Jones' heirs that the property was conveyed to the Williamsburg Restoration, Incorporated.
Preliminary study seems to indicate that the Colony of Virginia was the first British Colony to recognize the value of a separate "Building for the Preservation of the Public Records"—anticipating by almost two centuries the great National Archives Building in Washington, D. C. The Secretary, who had the records in his custody was a person of great power and influence. William Standard, describing the office of Secretary of State, said:
SECRETARY OF STATE.—Lord Culpeper, writing in 1683, said, "The Secretary is a patent officer, from the first seating of the country, the very next in dignity to the Governor, or Commander-in-Chief." The office was one which conferred much power and influence on the occupant. He had the right to appoint all county clerks, and as these were men of weight in their respective communities, it was frequently charged that through them the Secretary exercised too much influence in the House of Burgesses. He was keeper of the colonil seal and ex-officio clerk of the Council and General Court, though the duties of these offices were actually performed by the titular clerks of the respective bodies.
All patents and other papers from the executive were issued from the Secretary's office, and all of the executive records, as well as those of the General Court were in his custody.
An important part of the Secretary's duties was to keep the English government constantly informed in regard to affairs in Virginia, and send home copies of all public papers.
(William G. and Mary Newton Stanard, The Colonial Virginia Register, p. 6)
Virginia had many notable Secretaries. The list of those 5 who served at Jamestown and [illegible] follows:
LIST OF THE COLONIAL SECRETARIES.
The Secretaries had under their jurisdiction clerks who had responsibility for the valuable public records in their care. When the committee of historians and townspeople who were to recommend names for the various buildings in the city met, they found that this building,like so many others in the city, was called "Clerk's Office" or "Chancery Office," the more recent name having obscured the ancient one. It was decided, in view of the act "for erecting a Building for the public Records and papers of the Colony," and the name given in England to the Public Records Office to give the building the official designation, "Public Record: Office."— as the first in America to be erected for such a purpose the building has a prestige which only such an explicit name could convey.
An historical study of the public records of Virginia and of their value, the efforts to preserve them,and their loss is now in preparation 6 which will give added interest to the Public Records Office of the Colony of Virginia.
Helen Bullock, Archivist
Department of Research and Record
10:21
Copies to:
Architectural Department
The Misses Jones
Perry, Shaw & Hepburn—Boston
Research Department
Virginia Magazine of History2.
Vol. 36, p. 337-338ROBERT BEVERLEY, THE HISTORIAN
OF VIRGINIA[The material for the following paper was assembled as the basis for a short notice which will be included in the Dictionary of American Biography, now in preparation under the auspices of a Committee of the American Council of Learned Societies. It is here printed in order to make available in Virginia the detailed examination it rehearses of Beverley's participation in Virginia politics, in which respect it supplements Dr. Stanard's notice of the historian in Va. Mag., iii, 170, . F. H. ]
…
In the preface of the second (1722) edition of this book Beverley explains that he was moved to authorship by a bookseller in London who invited his criticism of the MS of Oldmixon's British Empire in America, while it was under consideration for the press; in which he found the account of Virginia jejune, inaccurate, and inadequate. His statement of his equipment for such criticism is that he had with him notes made, for his own use, from 'the public records of my country' during the years he worked among those records; and it may be observed that his sources, now available to us, amply bear out Beverley's claim that he was familiar with them. It appears from the Journals of the House of Burgesses that he had been diligent in transcribing, for preservation, the older muniments in the Secretary's office; that after the fire which destroyed the last Statehouse at Jamestown in 1698, it was he who saved, and subsequently re-classified, the accumulated state papers which had been stored in that building; and that to this experience he added the constructive education in the Virginia political tradition implicit in protracted service on the select committee of Council and House which produced the Revisal of the Laws, enacted in 1705; which Virginia lawyers agree was the best piece of work of its kind produced before the American Revolution. What he did not claim is that, pending his weary waiting on the slow processes of the Privy Council, he had ample leisure for authorship.
…
Hening, William Waller
The Statutes at Large...
Vol. 2, p. 404FEBRUARY, 1676-7—29th CHARLES II.
Records of secretary's office to be removed to his own house, at Rich Neck.
IT is ordered for the present safety of the generall court and secretaryes office records, and for the convenience of the inhabitants of this county to have recourse to them they be removed to, and kept at Mr. Secretaryes house, at Rich Neck untill some further orders can be taken for them.
Calendar of State Papers
Vol. 1, p. 73Colledge of )
Willm & Mary.)
ff.By the House of Burgesses:
Dec'r 17th Removal of Government records to Williamsburg
Tuesday, December 17th, 1700.
Resolved,
That the Records of this Governmt, which stil remaine at James City, be, with all Convenient Expedition, removed from thence to the place Appointed for Keeping the Secretary's office in his Majties Royal Colledge of William and Mary, Adjacent to the City of _____Williamsburg, according to the petition of Edmd Jennings, Esqr, Depty, Secy, made to his Excelly and the honble Council in that respect.Resolved,
That the Records and papers belonging to this house and how lodged at James City, be, with all Convenient Expedition, removed from thence and placed in the Chamber appointed for the Clerk of this house in his Majties Royal Colledge of Wm & Mary, adjacent to the city of Wmsburgh.Ordered,
That a Message be sent to ye Councill to desire their Concurrence to the Resolves of this house, touching the removal of the Records belonging to the Secretary's office and to 3. this house.Test: WM RANDOLPH, Clk. H. of Burgesses.
Executive Journals,
Council of Colonial Virginia, Vol. II, p. 118Dec. 18, 1700.
A Message being sent from the house of Burgeses by Wm. Leigh Gent, and others who presented his Excellency and the Councill with the Resolve of the house that the Records of this Government which still Remaines at James City be, with all Convt. Expedition Removed from thence to the Place appointed for keeping the Secretaries office in his Majties. Royall College of William and Mary adjacent to the City of Williamsburgh and that the Records and Papers belonging to the house of Burgeses and Now Lodged at James City be also with like Convt. Expedition Removed from thence and placed in the Chamber appointed for the clk: of the house of Burgeses in the aforesaid College his Excell: and the Councill upon Reading thereof Concur with the house in that Resolve and the honorable Edmund Jenings, Esqr Deputy Secry. is Required to Cause the same to be done with all Convt. Speed.
Journals of the House of Burgesses of Virginia, 1742-17494.
p. 246Wednesday, April 15, 1747.
…
Mr Secretary Nelson moved for Leave to bring in a Bill, for erecting a Building for the Preservation of the Public Records of this Colony; and the Question being put thereupon,
Resolved in the Affirmative.
Ordered, That Mr Secretary Nelson, Mr Benjamin Waller, and Mr Carter, do prepare and bring in the same.
…
Journals of the House of Burgesses of Virginia, 1742-1749
p. 247Thursday, April 16, 1747
…
Mr Secretary Nelson, according to Order, presented to the House, a Bill, for erecting a Building for the Preservation of the Public Records and Papers of this Colony; and the same was received, and read the First Time.
Ordered, That the Bill be immediately read a Second Time.
And it was read accordingly; and committed to Mr Secretary Nelson, Mr Ludwell, Mr Carter, Mr Hedgman, Mr Beverley, Mr Richard Randolph, and Mr Benjamin Waller.
Mr Secretary Nelson reported from the Committee to whom the Bill for erecting a Building for the Preservation of the Public Records and Papers of this Colony was committed, That they had made several amendments to the Bill, which he was directed to report to the House: And he read the report in his Place, and then delivered the same in at the Table; where it was again read, and agreed to by the House.
Ordered, That the Bill, with the Amendments, be Ingrossed.
Ibid, p. 248.5.Thursday, April 16, 1747
…
An Ingrossed Bill, intituled, An Act, for erecting a Building for the Preservation of the Public Records and Papers of this Colony, was read the Third Time, and an Amendment made to the Bill, and a Blank therein filled up.
Resolved, That the Bill do pass.
Ordered, That Mr Secretary Nelson carry the Bill to the Council, and desire their Concurrence.
Ibid, p. 249-507Saturday, April 18, 1747
…
A Message from the Council by Mr. Walthoe:...
...And that they have agreed to the Bill, intituled, An Act, for erecting a Building for the Preservation of the Public Records and Papers of this Colony, with an Amendment; to which they desire the Concurrence of this House.
The House took the said Amendment into their immediate Consideration; and the same being read, was disagreed to by the House.
Ordered, That Mr Carter do go up with a Message to the Council, and acquaint them, That this House cannot agree to the Amendment by them proposed to the said Bill; and desire they will pass the Bill, without the Amendment.
A Message from the Council, by Mr Walthoe:
That they insist on their Amendment to the Bill, intituled, An Act, for erecting a Building for the Preservation of the Public Records and Papers of this Colony; and desire this House will pass the Bill, without the Amendment.
The House took the said Message into their immediate Consideration; and thereupon.
Resolved, That this House doth adhere to their Disagreement to the said Amendment.
Ordered, That Mr Bland do go up with a Message to the Council, and acquaint them therewith.
A Message from the Council, by Mr Walthoe:
That they desire an immediate free Conference, upon the subject Matter of their Amendment to the Bill, intituled, An Act, for erecting a Building for the Preservation of the Public Records and Papers of this Colony; and have appointed Three of their Members Managers, to meet such Members as shall be appointed Conferees by this House, in the Room adjoining to the Council Chamber.
Resolved, That the House doth agree to the said Conference.
Ordered, That Mr Richard Randolph, Mr Carter, Mr Bland, Mr Beverley, Mr Braxton, and Mr Whiting, do acquaint the Council therewith; and that they are appointed Managers for this House, and are ready to enter upon an immediate Conference with the Managers by them 6. appointed: And they withdrew accordingly; and being returned, Mr Randolph reported the Conference.
Resolved, That a Conference be desired with the Council, upon the subject Matter of the last Conference; and that the Managers for this House do acquaint the Managers for the Council, that some of the Reasons by them given for the Councils insisting on their Amendment to the Bill, intituled, An Act, for erecting a Building for the Preservation of the Public Records and Papers of this Colony, appear to be so very extraordinary and foreign to the Purpose, that this House doth expect they will, according to the regular Method, deliver them in Writing.
Ordered, That the Managers of the last Conference do manage this; and that they do go up to the Council and desire a Conference, pursuant to the Resolution for that Purpose.
And the Managers withdrew; and being returned,
Mr. Randolph reported, That the Conferees for the House had met the Conferees for the Council, in the Room adjoining to the Council Chamber, and had acquainted them with the Resolution of this House; and that they answered, they would inform the Council of it.
A Message from the Council, by Mr Walthoe:
That they desire an immediate Conference, upon the subject Matter of the last Conference.
Resolved, That this House doth agree to the said Conference.
Ordered, That the Managers of the last Conference do manage this; and that they acquaint the Council, that this House have agreed to the Conference by them desired.
And the Managers withdrew; and being returned,
Mr Randolph reported, That the Managers for this House had met the Managers for the Council, who told them that the Council were of Opinion, That the Reasons given by their Managers at the first Conference, for their insisting on their Amendment to the Bill, For erecting a Building for the Preservation of the Public Records and Papers of this Colony, were so plain and short, that it was unnecessary to commit them to writing.
Resolved, Nemine Contradicente,
That it is the constant Practice of Parliament, at the first Conference on any Matter, to deliver the Reasons for agreeing or disagreeing to such Matter, in Writing; and that the Council, in refusing to do so, have departed from that Practice; and thereby interrupted that Harmony which has, and always ought, to subsist between them and this House.
…
Legislative Journals of the Council of Colonial Virginia9
Vol. II, p. 1001-2Saturday April 18, [1747]
A Message from the Burgesses by Mr. Carter that they had consider'd the Ament propos'd by the Council to the Bill intd An Act for erecting a Building for the Preservation of the public Records &c. and had disagreed to the same and desired the Council would pass it without any Amendment.
The Council having taken the same into their Consideration
Order'd
That the Clerk of the Genl Assy go down & acqt the Burgesses that the Council insist upon their Amendment, and desire they will recede from their Disagreement, & pass the Bill with their Amendment.
A Message from the Burgesses by Mr. Bland that they adhere to their Disagreement to the Amendmt propos'd by the Council and insisted upon by them to the Bill intd An Act for erecting a Building for the Preservation of the public Records &c.
Order'd
That the Clerk of the Genl Assy go down and acquaint the Burgesses that the Council desire an immediate free Conference with the Burgesses in the Room adjoining the Council Chamber on the Subject Matter of the Council's Amendment to the Bill intd An Act for erecting a Building for the Preservation of the public Records &c. and have appointed three of their Members to manage the sd Conference with such a Number of the Burgesses as the House shall think fit.
A Message from the Burgesses by Mr. Richd Randolph that the House agreed to the Conference desir'd by their Honours and had appointed Six of their Members to manage the sd Conference who will be ready at the Place appointed.
Order'd
That John Grymes, Wm Nelson, Esqrs & Wm Dawson Clk. be appointed Managers of the Conference.
John Grymes Esq: from the Conference with the Burgesses reported that they had met the Burgesses and acquainted them with their Reasons for insisting on the Amendment to the Bill intd An Act for erecting a Building for the Preservation of the public Records &c. and that the Burgesses answer'd they would report the same to their House.
8A Message from the Burgesses by Mr. Ricd Randolph, that they desire an immediate Conference on the Subject of their last Conference.
John Grymes Esq: from the Conference reported that the Burgesses desir'd the Council's Reasons for insisting on their Amendment in Writing.
Order'd
That the Clerk of the Genl Assy go and acquaint the Burgesses that the Council desire an Immediate Conference on the Subject of their Last Conference.
A Message by Mr. Ricd Randolph that the Burgesses agreed to the said Conference.
John Grymes Esq: from the Conference reported that they had inform'd the Burgesses that the Reasons they offer'd at the former Conference for insisting on their Amendment were so short and plain that the Council did not think it Necessary To give them in Writing.
Mr. Whiting brought up the inroll'd Bills to be Examin'd by their Honours.
The Burgesses not having desir'd any further Conference on the Subject of their last
Ordered
That the Clerk of the Genl Assy go down and acquaint them that the Council Adhere to their Amendment to the Bill intd An Act for erecting a Building for the Preservation of the public Records &c.
Journals of the House of Burgesses, 1742-1749
p. 310-311Wednesday, November 30, 1748.
…
A Petition of William Wyatt, Keeper of the Public Gaol, was presented to the House, and read, setting forth, That the Fees Established by Law for keeping of the Publick Gaol, are very small; and the Times that such Fees become due and payable, are uncertain: That for some Years past Corn and Provisions of all Kinds have been very dear, occasion'd by the great Droughts: That the dearness of Wood, added to other extraordinary Expences, makes it extreamly difficult for the Petitioner to support himself and Family: That he is obliged, for Want of the Tobacco due him, which is not paid him oftener than once in Two Years, to purchase his Provisions and Wood upon Credit, at a certain Interest; and that he is very often sued on his Contracts, and thereby put to great Expences: (That after the Capitol was burnt, the Papers and Records were put under his Care: That the Room they took up in his House obliged him, for some Time, to board out two of his Children: And praying, That this House will take his Case into their Consideration, and give him such Relief as they shall think fit.
Ordered, That the said Petition do lie on the Table.
And then the House adjourn'd 'till To-morrow Morning Eleven o'clock.
Ibid, p. 319Friday, December 9, 1748.
…
A Petition of Thomas Everard was presented to the House, and read; setting forth, That at the Burning of the Capitol, the Books and Papers belonging to the General Court and Secretary's Office, were thrown together in great Disorder, and intermixed with many of the Books and Papers belonging to the Council-Office and this House: That he was at very great Labour and Pains in sorting and separating the same; and praying that this House will make him such Satisfaction as is reasonable.
Resolved, That the sum of Thirty Pounds be paid to the Secretary of this Colony, out of the Public Money in the Hands of the Treasurer; to be by him distributed among the several Clerks 10 of his Office, for their Care and Trouble in preserving and sorting the Papers belonging to the Council and this House, in Proportion to their respective Services.
Ordered, That an Allowance be made in the Book of Claims, pursuant to the said Resolution.
Hening, William Waller
The Statutes at Large...
Vol. 6, p. 337NOVEMBER 1753—27th GEORGE II
ANNO REGNI
GEORGII II,Regis, Angliae, Scotiae, Franciae, et Hiberniae, vicessimo septimo.
Robert Dinwiddie, esq Governor
At a General Assembly, begun and held at the College in the City of Williamsburg, on Thursday the twenty seventh day of February, in the twenty fifth year of the reign of our sovereign lord George II, by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, &c. and in the year of our Lord, 1752. And from thence continued by several prorogations, to Thursday the first day of November, in the 27th year of his majesty's reign, and in the year of our Lord 1753, and then held at the Capitol in the City of Williamsburg; being the second session of this Assembly.
CHAP. I.
An Act for reducing the several laws made for establishing the General Court, and for regulating and settling the proceedings therein, into one act of Assembly
Rules in personal action at the common law Records of cause
XXIV. And for the more speedy determination of all causes depending in the said court, Be it-further enacted, by the authority aforesaid, That these following rules and methods shall be observed, to wit,
That for the more entire and better preservation of the records of the court, when any cause shall be finally determined, the clerk shall enter all the pleadings therein, and other matters relating thereto, together in a book to be kept for that purpose, so that an entire and perfect record may be made 11 thereof; and where the title of any estate in land is determined, the pleadings shall be all in writing, and shall be entered at large, with the judgment thereupon, in particular books for that purpose.
That for prevention of errors in entering up the judgments of the court, the proceedings of every day shall be drawn at large, by the clerk, against the next sitting of the court, when the same shall be read in open court, and such corrections as are necessary made therein, and then the same shall be signed by the secretary of this dominion, for the time being, or his deputy, and carefully preserved among the records.
…
Calendar of Virginia State Papers
Vol. VIII, p. 143FRIDAY, March 29th, 1776.
…
The Comm'ee do not think it necessary to remove the public Records immediately, but when it shall become so, they also ought to be removed to Richmond.
Virginia. State.12
Auditor's Papers #184
Vouchers, 1777, 1778
Virginia State Library ArchivesSeptember 28, 1777.
…
This work was done by order of Govr & Council. Wm Rose
To ¼ Day's Work of four Negroes in Removing Book-Cases from the Capitol to the Palace and Secretary's office 17: 6
…
Hening, William Waller13
The Statutes at Large...
Vol. 10, 50-51MAY 1779—3d OF COMMONWEALTH
CHAP. XIII.
An act for establishing a Land office, and ascertaining the terms and manner of granting waste and unappropriated lands.
Preamble.
Land office established
Register of how appointed and qualifiedI. WHEREAS there are large quantities of waste and unappropriated lands within the territory of this commonwealth, the granting of which will encourage the migration of foreigners hither, promote population, increase the annual revenue, and create a fund for discharging the publick debt: Be it enacted by the General Assembly, That an office shall be, and is hereby constituted for the purpose of granting lands within this commonwealth, into which all the records now in the secretary's office, of patents or grants for lands heretofore issued, with all papers and documents relating thereto, and all certificates of surveys of lands now in the said office, and not patented, shall be removed and lodged for their safe keeping; and all future grants of lands shall issue from the said office in manner and form herein after mentioned. A register of the said land office shall be appointed, from time to time, by joint ballot of both houses of assembly, who shall give bond with sufficient security to the governour or first magistrate of this commonwealth, in the penalty of fifty thousand pounds current money; shall hold his office during good behaviour; be entitled to receive such fees as shall hereafter be allowed by law, and shall have power to appoint a deputy and clerks to assist in executing the business of the said office, but shall nevertheless reside there himself.
Ibid, p. 89MAY 1779—3d of COMMONWEALTH
CHAP. XXI
An act for the removal of the seat of government.
…
When the courts and general assembly to sit at Richmond.
And be it farther enacted, That from and after the last day of April which shall be in the year of our Lord one thousand seven hundred and eighty, the said court of appeals, high court of chancery, general court, and court of admiralty shall hold their sessions in the apartments prepared for them by the said directors; that the first meeting of the general assembly after the same day shall be in such house or houses as shall be provided by the said directors; that the clerks of the two houses of assembly and of the several courts before mentioned, shall previously cause to be removed thither at the publick expence, the records, papers, and other things belonging to their respective offices; and that the keeper of the publick jail shall in like manner cause all prisoners in his custody to be removed to the publick jail so to be built as before directed, which shall thenceforward be deemed and used as the publick jail spoken of by the laws whether heretofore or hereafter passed.
Journals of the House of Delegates14
Begun October 1779, p. 108Friday, December 24, 1779.
Ordered, That the clerk of this House do remove, at the public expense, the books, papers and records of this House, together with such of the books, papers and records of the General Assembly, as are in his possession, to the town of Richmond, in the county of Henrico, previous to the next session of the General Assembly.
[The following is a copy of the original petition in the Virginia State Library, Richmond, Virginia. The note which follows the petition was enclosed in the folder with it.]May 22, 1780.
To the Honble the Speaker & Members of the House of Delegates
The Petition of Alexander Wyllie humbly sheweth
That your Petitioner agreeable to the Appointment of the honble the Governour & Council, and by Continuation of this House at the last session of Assembly hath acted in the Capacity of Keeper to the Capitol in Williamsburg to the first Instant, and that by directions from the Governour & Council he took Charge of & attended the Removal of the Records, papers &c. of the Capitol and the Several executive Boards from Williamsburg to this Place. For which services he has received no Reward, and now craves such Recompence as your honourable House in its great Wisdom shall think expedient. And your Petitioner as in duty bound will ever pray.
I do hereby certify that Alexr Wylly was charged with the business of packing up the public records, & moving them from Wmsburg; which duty he has faithfully discharged by delivering them safe at Richmond.
Arch: Blair C. C.
Journals of the House of Delegates15
Begun May 1780, p.17Monday, May 22, 1780.
A petition of Alexander Wily, was presented to the House, and read; setting forth, that in consequence of his appointment by the Governor and Council, and afterwards confirmed by this House, he acted as keeper of the Capitol in Williamsburg, until the first instant; that upon the removal of the several executive boards from thence, he did by order of the Governor and Council, take charge of, and attend the records and papers to this place; and praying to be made compensation for the said services.
Ordered, That the said petition be referred to the committee of Trade; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House.
Ibid, p. 26Monday, May 29, 1780.
Mr. Richard Lee reported, from the committee of Trade, that the committee had, according to order, had under their consideration the petition of Alexander Wiley to them referred, and had agreed upon a report, and come to a resolution thereupon, which he read in his place, and afterwards delivered in at the clerk's table, where the same were again twice read and agreed to by the House, as followeth:
It appears to your committee, from a certificate of Mr. Archibald Blair, clerk of the Council, that the said Alexander Wiley, agreeable to the direction of the Governor and Council, packed up and attended the removal of the records and papers, belonging to the different executive boards at Williamsburg, to the town of Richmond, where he faithfully delivered the same.
It also appears to your committee that the said Alexander Wiley continued to act in the capacity of keeper of the capitol in Williamsburg, from the last session of Assembly to the first day of May, in this present year.
Whereupon, your committee came to the following resolution:
Resolved, that it is the opinion of this committee, That the petition of the said Alexander Wiley, praying that compensation may be made him for his said services, is reasonable; and that the petitioner ought to be allowed the sum of 50 l. as keeper of the capitol in Williamsburg, from the last session of Assembly to the first instant.
Hening, William Waller16
The Statutes at Large...
Vol. 10, p. 285May 1780 Session - 4th of Commonwealth
An act for emitting and funding a sum of money for supplying the present urgent necessities of this commonwealth.
WHEREAS the exigencies of the war require...
If the events of war should render any of the aforesaid funds unproductive, then the houses and lands with their appurtenances in the city of Williamsburg, which have been heretofore used as a capitol, and palace, as also the publick lands in the county of James City, as well as those on the eastern shore, shall and the same are hereby ordered to be sold under the direction of the governour and council for gold or silver, or the bills of credit emitted by virtue of this act, which money arising from the sale thereof, shall be applied for the purpose of making good such deficiency.
Virginia State Library Archives
Auditor's Account Book, No. 5, 1780
Page 155.June 7th 1780.
409.
Contingent Accot Dr
Warrant to Alexander Wiley for packing up and removing the records and papers. & for his Services as Keeper of the Capitol. . . . . . . . . .£270.
Calendar of Virginia State Papers
Vol. 1, p. 586-5871781 March 21st
Report of the Committee appointed to inspect the affairs of the War Office, &c.
Mr Page, "from the Committee appointed to confer with the Commissioner of the War Office, and to enquire into the State of the Military Stores, &c." reported,
"That the Commissioner was appointed some time in July last, when, he says no Arms or Ammunition were ever delivered to him, nor had he any returns of what were the property, or in the possession of the State. That all the Books belonging to the War Office being lost with the Council Books, no exact return of the Military Stores can be had; but from such as the Commissioner has been able to make out, it appears that including the Arms furnished to the State of North Carolina, to the Militia serving under Genl: Stevens, and for the use of the Militia during the former and present Invasion, a very considerable number has been issued, but none having been returned to the care of the Commissioner, there now remain in the public Stores very few that are fit for service.
March 21st
There is still a considerable number of Muskets wanting repair; a considerable number of Cartridges were issued during the former Invasion, but none were ever returned, so that from the quantity of Powder lent to the Continent, the loss sustained in that Article at the Foundry, and the considerable issues of Cartridges, the stock remaining on Hand is small, and the quantity of Lead much more inconsiderable. Of the Cannon belonging to this State, many are unfit for service, and most of the others are rendered useless by not being mounted on Carriages.
17No returns are made from the Commisary and Quarter Master's Departments, neither does the Commissioner think that correct ones can be obtained. In short, the whole Business of the War Office appears to be entirely deranged, arising from the following causes: the loss of the papers belonging to the Office, the want of a sufficient number of Assistants, and their regular [sic] manner in which the Business seems heretofore to have been conducted"
Whereupon it was "Resolved, that George Muter, Esquire, the present Commissioner of the War Office, is not qualified to fill that important post, and ought to be discharged thereform."
Recommended that Col. Muter be discharged from the office.
Journals of the Council of the State of Virginia
Vol. II, p. 327Wednesday April 4th 1781
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The Board are of opinion that Arch. Blair should be allowed for keeping the public Library five hundred pounds of Tobacco per Annum, or its worth in paper money as shall be fixed by the Grand Jury next preceding paiment.
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Ibid, p. 36018Wednesday July 18, 1781
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On requisition by letter from Mr. Beckley for assistance in the removal of the public records to a place of security; the Board advise that the Quarter Master be directed to aid Mr Coleman, who is entrusted by Mr Beckley with the care of said records, in the procuring proper packages for them & furnishing waggons for their removal.
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Calendar of State Papers
Richmond: 1881
Vol. 2, p. 5361781
October 10th JAMES HAYES, TO HON: DAVID JAMESON, informing him he has sent by some wagons on their way to Richmond, copies of "the Laws and Journals of the last Session."
Ibid, p. 66619Williamsb'g Decem'r 18th, 1781.
Benj: Waller to the Governor
Sir,
By law the Court of Admiralty is appointed to be held at the Capitol in this City, as the most convenient Place for the Judges and Suitors; that house is, and for some Time past has been, full of the sick French Soldiers; and the Town Court-House is used as a Barrack; so that the Court by consent of the Parties has been lately held in my office, which with much Intercession is left empty. You Sir, and the Council have a Power to adjourn the court from the Capitol, and as there is a cause of some consequence lately instituted, and more may be brought, wherein the parties may not consent, to avoid Error, I must beg the Favor of you to send an order for adjourning the Court to the place where it has been lately held, which I know will be agreeable to the Judges, and I believe to all Parties, during the present Inconvenience _____I have the Honor to be,
Sir
Your most obt. hbl. Servt.
Harwood, Humphrey (Brickmason)
MSS Ledger
Ledger B p. 621786
Mr. Walker Maury (Master of Grammar School at Capitol) 1786 Jan. 5 ... [Miscellaneous repairs at Capitol] To makeing a fier place in Celler of Secretary's Office 7/6 : 7: 6 To 1550 bricks at 3/ 2: 6: 6 Feb. 11 To 1 days labour 2/6 & Cutting out Cellar door & workg in Frame 12/ :14: 6 ...March 15 To contracting Chimney in the Secretary's Office 10/ :10: To 2 days labour at 2/6 : 5: March 24 To white-washing 3 Rooms & a passage in Secretary's Office at 4/6 :18:
Calendar of Virginia State Papers20
Vol. 4, p. 331[1787]
A. Blair to Col. Wm. Heth, August 10th
In Regard to western accounts, Bills, &c., drawn by G. R. Clark and others. He cannot furnish from his office any information concerning them, in as much as the books for 1779 and 1780 were all destroyed by the Enemy.
Ibid, p. 6021789 May 1st
WM. RUSSELL TO GOVERNOR BEVERLEY RANDOLPH.
WilliamsburgSir:
I have the honor to inclose you a Report made of the State of the public Jail here pursuant to an order of the District Court. I beg leave to observe that, in December last, the Common Hall of this City relinquished to the public that right which the Legislature had sometimes before given them in the Capitol Square in this City, and the buildings thereon, in consequence thereof the District Court was, by the law, directed to be holden there, and the Clerk ordered to keep his office at the Courthouse. The House formerly used as the Secretary's Office, being one of the buildings on the square, and the most proper for an office, I wish to use for this purpose, but I am prevented by a person who is at present in it (one Philip Bidgood), who refuses to give it up, altho' he pays no Rent, nor was he put there under any authority. Upon application to the Court I am directed by them to apply to the Executive. I have to request, Sir, that such order may be made in this business as to your Board may seem proper, and that I may be directed in what manner I am to proceed to possess myself of the House which I much want for an Office.I have the honor to be with the greatest Resp't, &c.
Shepherd, Samuel
The Statutes at Large of Virginia
Vol. 1, page 273December 9, 1793.
CHAP. 66. An Act concerning the capitol in the city of Williamsburg.
1. Whereas it is represented that the building called the capitol, in the city of Williamsburg, is in a ruinous condition, and must soon, if not repaired, be unfit for the public purposes, to which it has been applied, and that it is not necessary to reserve the whole of the said building for public use:
212. Be it therefore enacted by the general assembly, That the mayor, recorder and aldermen of the city of Williamsburg, shall be, and they are hereby authorized and empowered to sell, in the manner they shall judge most advantageous, the eastern wing of the said capitol, in the city of Williamsburg, and to apply the money arising from the sale, or so much thereof as shall be necessary, to the repairing of the western or front wing; and if the money produced by the sale shall be more than sufficient for the purpose herein before mentioned, the said mayor, recorder and aldermen shall place out the surplus at interest, and the interest of the said surplus shall be a fund for keeping the said capitol in repair.
3. And the said mayor, recorder and alderman shall be, and they are hereby empowered to rent out the building called the secretary's office, in the said city, and apply the rents to the repairing of the aforesaid capitol, as the same may be required.
4. This act shall commence in force from the passing thereof.
Calendar of Virginia State Papers22
Vol. 10, p. 174PAYTON DREW TO THE GOVERNOR.
November [1812] Gen. Court
It appearing to the Court upon inspection, that many of the Records of the proceedings of the General Court before the Revolution, are in a state of great decay and will probably in a few years become illegible, It is Ordered that the clerk do represent the same to the Executive with the Request of this Court that the same may be communicated to the Legislature.
I am, &c.
Ibid, p. 199ROBT NELSON TO THE GOVERNOR
1813 March 10, York
The Capitol in the City of Williamsburg in which the Court of Chancery for this district is directed by Law to be holden, is so much out of order as to make it not only very disagreeable to hold the Court in it, but really hazardous to the health of the Court and Bar.
It might be repaired at an inconsiderable expense, as the repairs are principally wanting to the windows and doors; the roof and other parts of the house being in tolerably good order. I believe it has been usual for the Courts to direct repairs to be made to the houses in which they sit, and have the accounts certified to the Auditor, but as the repairs in this case may require more of the public money than I am willing to appropriate on my own responsibility, I have thought it most advisable to consult the Executive on this subject. If it would be more satisfactory to them before they act on this subject to have an estimate of the expense, which will be incurred in repairs, I would get a workman to make an estimate and forward it to Richmond.
As early an attention to this communication as can conveniently be bestowed on it is very desirable.
I am, &c.
Acts of Virginia, 1823-1824
Pages 35-36March 5, 1824
CHAP. 33. An act concerning certain public property in the city of Williamsburg. (passed March 5, 1824)
1. Be it enacted by the General Assembly, That William T. Banks of the city of Williamsburg, shall be permitted to occupy and enjoy, during his continuance to act as the clerk or deputy clerk of the superior court of chancery for the Williamsburg district, the tenement in the said city, belonging to the Commonwealth, and known by the name of the old secretary's office; Provided, That, before the said William T. Banks shall take possession of the said tenement, he shall give bond and good security, to be 23 approved by the executive, in such penalty as they shall consider reasonable, payable to the governor or chief magistrate of this Commonwealth and his successors, conditioned that he shall, at his own expense, put the dwelling house on the said tenement in good tenantable repair, and enclose the ground around it with brick, plank or some other substantial enclosure; that he shall also, put and keep in order for the chancery court to sit in during the said term, the large room in the upper story of the old capitol in the said city, and put under a like substantial enclosure the ground around the said capitol, following the old brick wall which formerly was run; and that he, the said Banks, shall, at the expiration of the said term, deliver up, to such public officer or agent as the executive shall appoint to receive the same, the tenement and enclosures aforesaid, in good, tenantable and substantial repair, barring injuries by unavoidable accidents or disaster. And if the said Banks shall not have complied with the condition of the said bond at the end of the said term, the executive shall cause the same to be put in suit, for the benefit of the Commonwealth, in the general court; and such recovery in damages shall be had, for breach of the said condition, as a jury shall assess. The said William T. Banks shall be permitted, during the said term, to use as a garden, the ground enclosed as aforesaid, around the old capitol.
2. Provided always, That the Legislature may at any time, when they shall think the public service requires it, resume the grant herein contained; upon making to the said William T. Banks, reasonable compensation for any repairs and enclosures he may have made.
3. This act shall take effect from the passage thereof.
Calendar of Virginia State Papers
Vol. X, p. 574-575A. P. UPSHUR TO THE GOVERNOR.
1832. April 10, Williamsburg
It is my unpleasant duty to inform you that the former Capitol in this City was this day entirely consumed by fire. I am happy, however, to be able to add that all the record books and papers are saved.
1832
The term of the Superior Court of Law and Chancery commenced on Friday last, and will expire on Friday night next. In the meantime it is highly important that the Executive, in pursuance of the power vested in it by Law, should designate some other place at 24 which the future sessions of the Court may be held until provision shall be made therefor by the Legislature. The Court House of James City County is at present the only suitable place for this purpose.
Should it be in your power to act immediately upon this subject, much of the business of the present term may yet be dispatched. To enable you to do so, I send this communication by express.
I am, &c.
Acts of Virginia, 1832-1833
p. 150February 28th, 1833.
CHAP. 186 - An ACT concerning the old capitol and lot in the city of Williamsburg. (Passed February 28th, 1833)
1. Be it enacted by the general assembly, That the lot in the city of Williamsburg upon which the former capitol stood, together with the appurtenances thereto belonging, be, and the same, is hereby vested in the corporate authorities of the city of Williamsburg, and their successors in office, for the use and benefit of said city.
2. This act shall be in force from the passing thereof.
Acts of the General Assembly of Virginia, Jan.—April 1839
p. 135February 25, 1839.
CHAP. 183 - An ACT to incorporate the trustees of the female academy of Williamsburg, and for other purposes.
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IV. And be it further enacted, That the corporate authorities of the city of Williamsburg, be, and are hereby empowered to convey to the trustees of the said female academy, and their successors, the lot of ground in said city, whereon the capitol formerly stood, together with the appurtenances thereto belonging, upon such terms as to them may seem proper.
25V. And be it further enacted, That the legislature hereby reserved the right to alter or repeal at its discretion, the charter hereby granted.
VI. This act shall be in force from the passing thereof.
After the first Capitol in Williamsburg was burned in 1747, it was apparently decided that a public record office should be built apart from the Capitol to insure the safety of the public records. The Journal of the House of Burgesses shows that on April 16, 1747 a bill was presented to that body "according to Order" by "Mr. Secretary Nelson" for "erecting a Building for the Preservation of the Public Records and Papers of this Colony." [Journals of the House of Burgesses, 1742-1749, p. 247.] Apparently the present "Public Records Office" resulted from this bill. Although no written records which definitely relate to the building provided for in this bill have been located, we have records dating from the later years of the eighteenth century and the early years of the nineteenth century seem to identify that building with the present structure.
In 1786, at which time the Capitol was being used as a school building, Humphrey Harwood submitted a bill to Walker Maury, the master of the school, for "white-washing 3 Rooms & a passage in Secretary's Office" and other repairs in that office, [Harwood Ledger, B. p. 62]
William Russell, in a latter of May 1, 1789 to Governor Beverley Randolph, stated that he wished to have the clerk of the district court in Williamsburg keep his office in the "House formerly used as the Secretary's Office," [Calendar of Virginia State Papers, Vol. IV, p. 602 .]
In 1793 the Virginia legislature enacted a measure directing that the city of Williamsburg be empowered to "rent out the building called the secretary's office in the said city, and apply the rents to the repairing of the aforesaid Capitol... [Shepherd, Statutes, Vol. I, p. 273]
In 1824 the Virginia Legislature enacted a measure permitting the clerk of the superior court of chancery for the Williamsburg district to 2 occupy "the tenement in the said city, belonging to the Commonwealth, and known by the name of the old secretary's office." [Acts of Virginia, 1823-1824, pp. 35-36]
The map of Williamsburg by an unknown Frenchman of 1781 (or 1782 or 1786) indicates that a rectangular structure stood on what is apparently the site of the "Public Records Office." Both Bucktrout's map of 1800 and another map of Williamsburg of about the same period (dated by Lyon G. Tyler at c. 1790, but probably of a later date) indicate that what appears to be a story-and-a-half building with dormer windows and of apparently the same general proportions of the brick structure today, was standing on its present site at that period. On both of the later maps, this building is designated as the "clerk's office." It seems certain from these maps that the structure at that time resembled closely the appearance of the brick building today, although at a later period when the building was used as a residence, the wooden wing which is attached to the building was added. The building has been restored.
20.16