time we know that nearly two centuries and a half of statutes were in preservation.  In later times, on the introduction of the chancery branch of law, the term common law began to be used in a third sense, as the correlative of chancery law.  This, however, having been long after Prisot’s time, could not have been the sense in which he used the term.  He must have meant the ancient lex, non scripta, because, had he used it as inclusive of the lex scripta, he would have put his finger on the statute which had enjoined on the judges a deference to the laws of holy church.  But no such statute existing, he must have referred to the common law in the sense of a lex non scripta.  Whenever, then, the term common law is used in either of these senses, and it is never employed in any other, it is readily known in which of them by the context and subject matter under consideration; which, in the present case, leave no room for doubt.  I do not remember the occasion which led me to take up this subject, while a practitioner of the law.  But I know I went into it with all the research which a very copious law library enabled me to indulge; and I fear not for the accuracy of any of my quotations.  The doctrine might be disproved by many other and different topics of reasoning; but having satisfied myself of the origin of the forgery, and found how, like a rolling snow-ball, it had gathered volume, I leave its further pursuit to those who need further proof, and perhaps I have already gone further than the feeble doubt you expressed might require, I salute you with great esteem and respect.

Th:  Jefferson.

LETTER CLXXXIV.—­TO JOSEPH C. CABELL, January 11, 1825

TO JOSEPH C. CABELL.

Monticello, January 11, 1825.

Dear Sir,

We are dreadfully nonplussed here by the non-arrival of our three Professors.  We apprehend that the idea of our opening on the 1st of February prevails so much abroad (although we have always mentioned it doubtfully), as that the students will assemble on that day without awaiting the further notice which was promised.  To send them away will be discouraging, and to open an University without Mathematics or Natural Philosophy would bring on us ridicule and disgrace.  We therefore publish an advertisement, stating that on the arrival of these Professors, notice will be given of the day of opening the institution.

Governor Barbour writes me hopefully of getting our fifty thousand dollars from Congress.  The proposition has been originated in the House of Representatives, referred to the committee of claims, the chairman of which has prepared a very favorable report, and a bill conformable, assuming the repayment of all interest which the State has actually paid.  The legislature will certainly owe to us the recovery of this money; for had they not given it in some measure the reverenced character of a donation for the promotion