FOOTNOTES:[1298]Grayson to Dane, June 18, 1788; Dane MSS., Lib. Cong.[1299]Logan and Story to Stephen Collins, Petersburg, Nov. 2, 1787; Collins MSS., Lib. Cong.[1300]See Grigsby, i, 278-79, for an able and sympathetic account from the point of view of the settler and debtor.[1301]Ib., 280-84; Elliott, iii, 517-21.[1302]Elliott, iii, 522; Grigsby, i, 284. So overwhelming was the popular feeling against a strong National Government that, if the Anti-Constitutionalists had concentrated their attack upon this secret purpose of the leading Constitutionalists to make it such by easy stages, it is more than probable that the Constitution would have been defeated.[1303]Elliott, iii, 524.[1304]His own and his father's lands in Fauquier County were derived through the Fairfax title.[1305]Grigsby, i, 290.[1306]Elliott, iii, 530-39. For Marshall's repetition seeib., 551-62.[1307]Elliott, iii, 539-46.[1308]Grigsby, i, 297.[1309]Virginia judges were, at this period, appointed by the General Assembly. (Constitution, 1776.)[1310]"There are upwards of 4,000 suits now entered on the docket in the General Court; and the number is continually increasing. Where this will end the Lord only knows—should an Act pass to extend the term of the Courts sitting—it is thought that the number of Executors [executions] that would issue ... would be too heavy for our government to bear and that such a rapid transfer of Property would altogether stop the movement of our Machine." (Logan and Story, to Stephen Collins, Petersburg, Nov. 2, 1787; Collins MSS., Lib. Cong.)[1311]This form of argument by asking questions to which the answers must needs be favorable to his contention was peculiarly characteristic of Marshall.[1312]The reporter makes Mason assert the reverse.[1313]It is hard to see how Marshall arrived at this conclusion. But for the fact that Marshall prepared this speech, one would think the reporter erred.[1314]See Marshall's argument in Hitevs.Fairfax, chap,V,supra; and see vol.IIIof this work.Randolph made the clearest statement of the whole debate on the Fairfax question:—"Lord Fairfax ... died during the war. In the year 1782, an act passed sequestering all quitrents, then due, in the hands of the persons holding the lands, until the right of descent should be known, and the General Assembly should make final provision therein. This act directed all quitrents, thereafter becoming due, to be paid into the public treasury; so that, with respect to his descendants, this act confiscated the quitrents. In the year 1783, an act passed restoring to the legal representative of the proprietor the quitrents due to him at the time of his death. But in the year 1785 another act passed, by which the inhabitants of the Northern Neck are exonerated and discharged from paying composition and quitrents to the commonwealth." But Randolph then asserted that: "This last act has completely confiscated this property. It is repugnant to no part of the treaty, with respect to the quitrents confiscated by the act of 1782." So, continued he, "I ask the Convention of the free people of Virginia if there can be honesty in rejecting the government because justice is to be done by it? I beg the honourable gentleman to lay the objection to his heart." (Elliott, iii, 574-75.)[1315]Elliott, iii, 551-62.[1316]In summarizing Marshall's speech, it is necessary to collect his arguments on any given point, and present them consecutively. In Robertson's (Elliott) report Marshall scatters his points in distracting fashion.[1317]Madison to Hamilton, June 20, 1788; Hamilton MSS., Lib. Cong.[1318]The members of the Convention were carefully watched and each side made, every night, a minute estimate of its votes.[1319]Madison to his father, June 20, 1788;Writings: Hunt, v, footnote to 216.[1320]Madison to Hamilton, June 22, 1788; Hamilton MSS., Lib. Cong.[1321]Ib.[1322]Madison to Hamilton, June 22, 1788; Hamilton MSS., Lib. Cong.[1323]Elliott, iii, 576.[1324]Elliott, iii, 577-80.[1325]Grigsby, i, 300. See Washington's letters to Stephen during the year of Marshall's birth, when Stephen, under Washington, was fighting the French and Indians. (Writings: Ford, i, 227, 322, 332, 360; alsoProceedings, Council of War, Oct. 30, 1756;ib., 364-71; in which Colonel Adam Stephen was presiding officer.)[1326]Elliott, iii, 580.[1327]Elliott, iii, 581-82.[1328]Elliott, iii, 585-86.[1329]"Virginia is the only instance among the ratifying states in which the Politics of the Legislature are at variance with the sense of the people, expressed by their Representatives in Convention." (Madison to Washington, Nov. 5, 1788;Writings: Hunt, v, 302.)[1330]Grigsby, i, 307.[1331]The two amazing speeches which Henry made that day should be taken together. While both were inspired by what happened on the floor, yet they are in reality one. The reports give no idea of the tremendous effect which those who heard Henry tell us these speeches had.[1332]Grigsby, i, 307-08.[1333]Henry's amendments were practically the same as those which the Convention finally adopted as recommendations subsequent to ratification instead of previous amendment on which ratification was conditioned.[1334]Elliott, iii, 587-96.[1335]Elliott, iii, 625. This extract is badly mangled. The reporter confesses that he could take only a little of Henry's peroration. Elliott's reprint of Robertson's reports gives scarcely a suggestion of its dramatic appeal. We are indebted to Grigsby's patient work in collecting from eye and ear witnesses first-hand accounts, for a reasonably accurate description of the scene.[1336]Grigsby, i, 316-17; also Wirt, 313; Henry, ii, 370-71; and Conway, 113.[1337]Grigsby, i, 316-17.[1338]Grigsby, i, 317.[1339]Very few of the Constitutionalists wanted any amendments; and Madison sorrowfully offered in Congress the following year those that were reluctantly adopted. See vol.II, chap.II, of this work.[1340]Elliott, iii, 627.[1341]Grigsby, i, 323-29.[1342]Ib., 328.[1343]Ib., 332.[1344]Elliott, iii, 644-49.[1345]Henry, ii, 377. "At least ten members voted, either in disobedience of positive instructions of their constituents, or in defiance of their well known opinions." (Grigsby, i, 41.)[1346]Scott, 235-38.[1347]Elliott, iii, 616. Madison frankly admitted that only the prominence of the framers of the Constitution secured even a consideration of it by many of its warmest friends, much less by the people. "Had the Constitution been framed and recommended by an obscure individual," wrote Madison, "instead of a body possessing public respect and confidence, there cannot be a doubt, that, although it would have stood in the identical words, it would have commanded little attention from those who now admire its wisdom." (Madison to Randolph, Jan. 10, 1788;Writings: Hunt, v, 81.)[1348]Grigsby, i, footnote to 110.[1349]Elliott, iii, 652.[1350]Elliott, iii. 653-63.[1351]Ib., 659-61.[1352]Clinton's letter was not read, however, because all the members of the Legislature had gone to hear Henry's last great speech. (Conway, 112.)[1353]Conway, 114; Henry, ii, 363.[1354]For Mason's resolutions and a careful review of the incident, see Rowland, ii, 274-80.[1355]Henry, ii, 377.[1356]Southern Literary Messenger, i, 332; also quoted in Rowland, ii, 274.[1357]Washington to Pinckney, June 28, 1788;Writings: Ford, xi, 285.[1358]Washington to Jefferson, Aug. 31, 1788;ib., 321.
[1298]Grayson to Dane, June 18, 1788; Dane MSS., Lib. Cong.
[1298]Grayson to Dane, June 18, 1788; Dane MSS., Lib. Cong.
[1299]Logan and Story to Stephen Collins, Petersburg, Nov. 2, 1787; Collins MSS., Lib. Cong.
[1299]Logan and Story to Stephen Collins, Petersburg, Nov. 2, 1787; Collins MSS., Lib. Cong.
[1300]See Grigsby, i, 278-79, for an able and sympathetic account from the point of view of the settler and debtor.
[1300]See Grigsby, i, 278-79, for an able and sympathetic account from the point of view of the settler and debtor.
[1301]Ib., 280-84; Elliott, iii, 517-21.
[1301]Ib., 280-84; Elliott, iii, 517-21.
[1302]Elliott, iii, 522; Grigsby, i, 284. So overwhelming was the popular feeling against a strong National Government that, if the Anti-Constitutionalists had concentrated their attack upon this secret purpose of the leading Constitutionalists to make it such by easy stages, it is more than probable that the Constitution would have been defeated.
[1302]Elliott, iii, 522; Grigsby, i, 284. So overwhelming was the popular feeling against a strong National Government that, if the Anti-Constitutionalists had concentrated their attack upon this secret purpose of the leading Constitutionalists to make it such by easy stages, it is more than probable that the Constitution would have been defeated.
[1303]Elliott, iii, 524.
[1303]Elliott, iii, 524.
[1304]His own and his father's lands in Fauquier County were derived through the Fairfax title.
[1304]His own and his father's lands in Fauquier County were derived through the Fairfax title.
[1305]Grigsby, i, 290.
[1305]Grigsby, i, 290.
[1306]Elliott, iii, 530-39. For Marshall's repetition seeib., 551-62.
[1306]Elliott, iii, 530-39. For Marshall's repetition seeib., 551-62.
[1307]Elliott, iii, 539-46.
[1307]Elliott, iii, 539-46.
[1308]Grigsby, i, 297.
[1308]Grigsby, i, 297.
[1309]Virginia judges were, at this period, appointed by the General Assembly. (Constitution, 1776.)
[1309]Virginia judges were, at this period, appointed by the General Assembly. (Constitution, 1776.)
[1310]"There are upwards of 4,000 suits now entered on the docket in the General Court; and the number is continually increasing. Where this will end the Lord only knows—should an Act pass to extend the term of the Courts sitting—it is thought that the number of Executors [executions] that would issue ... would be too heavy for our government to bear and that such a rapid transfer of Property would altogether stop the movement of our Machine." (Logan and Story, to Stephen Collins, Petersburg, Nov. 2, 1787; Collins MSS., Lib. Cong.)
[1310]"There are upwards of 4,000 suits now entered on the docket in the General Court; and the number is continually increasing. Where this will end the Lord only knows—should an Act pass to extend the term of the Courts sitting—it is thought that the number of Executors [executions] that would issue ... would be too heavy for our government to bear and that such a rapid transfer of Property would altogether stop the movement of our Machine." (Logan and Story, to Stephen Collins, Petersburg, Nov. 2, 1787; Collins MSS., Lib. Cong.)
[1311]This form of argument by asking questions to which the answers must needs be favorable to his contention was peculiarly characteristic of Marshall.
[1311]This form of argument by asking questions to which the answers must needs be favorable to his contention was peculiarly characteristic of Marshall.
[1312]The reporter makes Mason assert the reverse.
[1312]The reporter makes Mason assert the reverse.
[1313]It is hard to see how Marshall arrived at this conclusion. But for the fact that Marshall prepared this speech, one would think the reporter erred.
[1313]It is hard to see how Marshall arrived at this conclusion. But for the fact that Marshall prepared this speech, one would think the reporter erred.
[1314]See Marshall's argument in Hitevs.Fairfax, chap,V,supra; and see vol.IIIof this work.Randolph made the clearest statement of the whole debate on the Fairfax question:—"Lord Fairfax ... died during the war. In the year 1782, an act passed sequestering all quitrents, then due, in the hands of the persons holding the lands, until the right of descent should be known, and the General Assembly should make final provision therein. This act directed all quitrents, thereafter becoming due, to be paid into the public treasury; so that, with respect to his descendants, this act confiscated the quitrents. In the year 1783, an act passed restoring to the legal representative of the proprietor the quitrents due to him at the time of his death. But in the year 1785 another act passed, by which the inhabitants of the Northern Neck are exonerated and discharged from paying composition and quitrents to the commonwealth." But Randolph then asserted that: "This last act has completely confiscated this property. It is repugnant to no part of the treaty, with respect to the quitrents confiscated by the act of 1782." So, continued he, "I ask the Convention of the free people of Virginia if there can be honesty in rejecting the government because justice is to be done by it? I beg the honourable gentleman to lay the objection to his heart." (Elliott, iii, 574-75.)
[1314]See Marshall's argument in Hitevs.Fairfax, chap,V,supra; and see vol.IIIof this work.
Randolph made the clearest statement of the whole debate on the Fairfax question:—
"Lord Fairfax ... died during the war. In the year 1782, an act passed sequestering all quitrents, then due, in the hands of the persons holding the lands, until the right of descent should be known, and the General Assembly should make final provision therein. This act directed all quitrents, thereafter becoming due, to be paid into the public treasury; so that, with respect to his descendants, this act confiscated the quitrents. In the year 1783, an act passed restoring to the legal representative of the proprietor the quitrents due to him at the time of his death. But in the year 1785 another act passed, by which the inhabitants of the Northern Neck are exonerated and discharged from paying composition and quitrents to the commonwealth." But Randolph then asserted that: "This last act has completely confiscated this property. It is repugnant to no part of the treaty, with respect to the quitrents confiscated by the act of 1782." So, continued he, "I ask the Convention of the free people of Virginia if there can be honesty in rejecting the government because justice is to be done by it? I beg the honourable gentleman to lay the objection to his heart." (Elliott, iii, 574-75.)
[1315]Elliott, iii, 551-62.
[1315]Elliott, iii, 551-62.
[1316]In summarizing Marshall's speech, it is necessary to collect his arguments on any given point, and present them consecutively. In Robertson's (Elliott) report Marshall scatters his points in distracting fashion.
[1316]In summarizing Marshall's speech, it is necessary to collect his arguments on any given point, and present them consecutively. In Robertson's (Elliott) report Marshall scatters his points in distracting fashion.
[1317]Madison to Hamilton, June 20, 1788; Hamilton MSS., Lib. Cong.
[1317]Madison to Hamilton, June 20, 1788; Hamilton MSS., Lib. Cong.
[1318]The members of the Convention were carefully watched and each side made, every night, a minute estimate of its votes.
[1318]The members of the Convention were carefully watched and each side made, every night, a minute estimate of its votes.
[1319]Madison to his father, June 20, 1788;Writings: Hunt, v, footnote to 216.
[1319]Madison to his father, June 20, 1788;Writings: Hunt, v, footnote to 216.
[1320]Madison to Hamilton, June 22, 1788; Hamilton MSS., Lib. Cong.
[1320]Madison to Hamilton, June 22, 1788; Hamilton MSS., Lib. Cong.
[1321]Ib.
[1321]Ib.
[1322]Madison to Hamilton, June 22, 1788; Hamilton MSS., Lib. Cong.
[1322]Madison to Hamilton, June 22, 1788; Hamilton MSS., Lib. Cong.
[1323]Elliott, iii, 576.
[1323]Elliott, iii, 576.
[1324]Elliott, iii, 577-80.
[1324]Elliott, iii, 577-80.
[1325]Grigsby, i, 300. See Washington's letters to Stephen during the year of Marshall's birth, when Stephen, under Washington, was fighting the French and Indians. (Writings: Ford, i, 227, 322, 332, 360; alsoProceedings, Council of War, Oct. 30, 1756;ib., 364-71; in which Colonel Adam Stephen was presiding officer.)
[1325]Grigsby, i, 300. See Washington's letters to Stephen during the year of Marshall's birth, when Stephen, under Washington, was fighting the French and Indians. (Writings: Ford, i, 227, 322, 332, 360; alsoProceedings, Council of War, Oct. 30, 1756;ib., 364-71; in which Colonel Adam Stephen was presiding officer.)
[1326]Elliott, iii, 580.
[1326]Elliott, iii, 580.
[1327]Elliott, iii, 581-82.
[1327]Elliott, iii, 581-82.
[1328]Elliott, iii, 585-86.
[1328]Elliott, iii, 585-86.
[1329]"Virginia is the only instance among the ratifying states in which the Politics of the Legislature are at variance with the sense of the people, expressed by their Representatives in Convention." (Madison to Washington, Nov. 5, 1788;Writings: Hunt, v, 302.)
[1329]"Virginia is the only instance among the ratifying states in which the Politics of the Legislature are at variance with the sense of the people, expressed by their Representatives in Convention." (Madison to Washington, Nov. 5, 1788;Writings: Hunt, v, 302.)
[1330]Grigsby, i, 307.
[1330]Grigsby, i, 307.
[1331]The two amazing speeches which Henry made that day should be taken together. While both were inspired by what happened on the floor, yet they are in reality one. The reports give no idea of the tremendous effect which those who heard Henry tell us these speeches had.
[1331]The two amazing speeches which Henry made that day should be taken together. While both were inspired by what happened on the floor, yet they are in reality one. The reports give no idea of the tremendous effect which those who heard Henry tell us these speeches had.
[1332]Grigsby, i, 307-08.
[1332]Grigsby, i, 307-08.
[1333]Henry's amendments were practically the same as those which the Convention finally adopted as recommendations subsequent to ratification instead of previous amendment on which ratification was conditioned.
[1333]Henry's amendments were practically the same as those which the Convention finally adopted as recommendations subsequent to ratification instead of previous amendment on which ratification was conditioned.
[1334]Elliott, iii, 587-96.
[1334]Elliott, iii, 587-96.
[1335]Elliott, iii, 625. This extract is badly mangled. The reporter confesses that he could take only a little of Henry's peroration. Elliott's reprint of Robertson's reports gives scarcely a suggestion of its dramatic appeal. We are indebted to Grigsby's patient work in collecting from eye and ear witnesses first-hand accounts, for a reasonably accurate description of the scene.
[1335]Elliott, iii, 625. This extract is badly mangled. The reporter confesses that he could take only a little of Henry's peroration. Elliott's reprint of Robertson's reports gives scarcely a suggestion of its dramatic appeal. We are indebted to Grigsby's patient work in collecting from eye and ear witnesses first-hand accounts, for a reasonably accurate description of the scene.
[1336]Grigsby, i, 316-17; also Wirt, 313; Henry, ii, 370-71; and Conway, 113.
[1336]Grigsby, i, 316-17; also Wirt, 313; Henry, ii, 370-71; and Conway, 113.
[1337]Grigsby, i, 316-17.
[1337]Grigsby, i, 316-17.
[1338]Grigsby, i, 317.
[1338]Grigsby, i, 317.
[1339]Very few of the Constitutionalists wanted any amendments; and Madison sorrowfully offered in Congress the following year those that were reluctantly adopted. See vol.II, chap.II, of this work.
[1339]Very few of the Constitutionalists wanted any amendments; and Madison sorrowfully offered in Congress the following year those that were reluctantly adopted. See vol.II, chap.II, of this work.
[1340]Elliott, iii, 627.
[1340]Elliott, iii, 627.
[1341]Grigsby, i, 323-29.
[1341]Grigsby, i, 323-29.
[1342]Ib., 328.
[1342]Ib., 328.
[1343]Ib., 332.
[1343]Ib., 332.
[1344]Elliott, iii, 644-49.
[1344]Elliott, iii, 644-49.
[1345]Henry, ii, 377. "At least ten members voted, either in disobedience of positive instructions of their constituents, or in defiance of their well known opinions." (Grigsby, i, 41.)
[1345]Henry, ii, 377. "At least ten members voted, either in disobedience of positive instructions of their constituents, or in defiance of their well known opinions." (Grigsby, i, 41.)
[1346]Scott, 235-38.
[1346]Scott, 235-38.
[1347]Elliott, iii, 616. Madison frankly admitted that only the prominence of the framers of the Constitution secured even a consideration of it by many of its warmest friends, much less by the people. "Had the Constitution been framed and recommended by an obscure individual," wrote Madison, "instead of a body possessing public respect and confidence, there cannot be a doubt, that, although it would have stood in the identical words, it would have commanded little attention from those who now admire its wisdom." (Madison to Randolph, Jan. 10, 1788;Writings: Hunt, v, 81.)
[1347]Elliott, iii, 616. Madison frankly admitted that only the prominence of the framers of the Constitution secured even a consideration of it by many of its warmest friends, much less by the people. "Had the Constitution been framed and recommended by an obscure individual," wrote Madison, "instead of a body possessing public respect and confidence, there cannot be a doubt, that, although it would have stood in the identical words, it would have commanded little attention from those who now admire its wisdom." (Madison to Randolph, Jan. 10, 1788;Writings: Hunt, v, 81.)
[1348]Grigsby, i, footnote to 110.
[1348]Grigsby, i, footnote to 110.
[1349]Elliott, iii, 652.
[1349]Elliott, iii, 652.
[1350]Elliott, iii. 653-63.
[1350]Elliott, iii. 653-63.
[1351]Ib., 659-61.
[1351]Ib., 659-61.
[1352]Clinton's letter was not read, however, because all the members of the Legislature had gone to hear Henry's last great speech. (Conway, 112.)
[1352]Clinton's letter was not read, however, because all the members of the Legislature had gone to hear Henry's last great speech. (Conway, 112.)
[1353]Conway, 114; Henry, ii, 363.
[1353]Conway, 114; Henry, ii, 363.
[1354]For Mason's resolutions and a careful review of the incident, see Rowland, ii, 274-80.
[1354]For Mason's resolutions and a careful review of the incident, see Rowland, ii, 274-80.
[1355]Henry, ii, 377.
[1355]Henry, ii, 377.
[1356]Southern Literary Messenger, i, 332; also quoted in Rowland, ii, 274.
[1356]Southern Literary Messenger, i, 332; also quoted in Rowland, ii, 274.
[1357]Washington to Pinckney, June 28, 1788;Writings: Ford, xi, 285.
[1357]Washington to Pinckney, June 28, 1788;Writings: Ford, xi, 285.
[1358]Washington to Jefferson, Aug. 31, 1788;ib., 321.
[1358]Washington to Jefferson, Aug. 31, 1788;ib., 321.
In the Name of God Amen! I, Thomas Marshall of the County of Westmoreland of Washington Parish, Carpenter, being very weak but of perfect memory thanks be to God for it doth ordain this my last will and testament in manner and form following, first I give and bequeath my soul into the hands of my blessed Creator & Redeemer hoping through meritts of my blessed Saviour to receive full pardon and remission of all my sins and my body to the Earth to be decently bur-yed according to the discretion of my Executrix which hereafter shall be named. Imps. I make and ordain my well beloved wife Martha Marshall to be my full and whole Executrix—Item, I will that my estate shall remain in the hands of my wife as long as she remain single but in case she marrys then she is to have her lawful part & the rest to be taken out of her hands equally to be divided among my children—Item, I will that if my wife marry, that David Brown Senr. and Jno. Brown to be guardians over my children and to take the estate in their hands bringing it to appraisement giving in good security to what it is valued and to pay my children their dues as they shall come to age. Item—I will that Elizabeth Rosser is to have a heifer delivered by my wife called White-Belly to be delivered as soon as I am deceast—Item, I will that my son William Marshall shall have my plantation as soon as he comes to age to him and his heirs forever, but in case that my son William die before he comes to age or die without issue then my plantation is to fall to the next heir apparent at law.
Thomas Marshall(Seal)TestEdw: Taylor,John Hearford,John Taylor.Westmorld: ss.{At a Court held for the said County the 31st day of May 1704.
The last will and testament of Thomas Marshall within written was proved by the oaths of John Oxford and John Taylor two of the witnesses thereto subscribed and a Probat thereof granted to Martha Marshall his relict and Executrix therein named.
TestIa: WestcombCler. Com. Ped.
Record aty: sexto die Juny:1704. Pr.Eundm Clerum.
A Copy. Teste:Albert Stuart, Clerk.By:F. F. Chandler, Deputy Clerk.[A Copy. Will of Thomas Marshall. Recorded in the Clerk's Office of the Circuit Court of Westmoreland County, in Deed and Will Book no. 3 at page 232et seq.]
A Copy. Teste:Albert Stuart, Clerk.By:F. F. Chandler, Deputy Clerk.
[A Copy. Will of Thomas Marshall. Recorded in the Clerk's Office of the Circuit Court of Westmoreland County, in Deed and Will Book no. 3 at page 232et seq.]
The last will and testament of John Marshall being very sick and weak but of perfect mind and memory is as followeth.
First of all I give and recommend my soul to God that gave it and my Body to the ground to be buried in a Christian like and Discent manner at the Discretion of my Executors hereafter mentioned? Item I give and bequeath unto my beloved daughter Sarah Lovell one negro girl named Rachel now in possession of Robert Lovell. Item I give and bequeath unto my beloved daughter Ann Smith one negro boy named Danniel now in possession of Augustine Smith. Item I give and bequeath unto my beloved daughter Lize Smith one negro boy named Will now in possession of John Smith. Item I give and bequeath unto my well beloved wife Elizabeth Marshall one negro fellow named Joe and one negro woman named Cate and one negro woman named pen after Delivering the first child next born of her Body unto my son John until which time she shall remain in the possession of my wife Likewise I leave my Corn and meat to remain unappraised for the use of my wife and children also I give and bequeath unto my wife one Gray mair named beauty and side saddle also six hogs also I leave her the use of my land During her widowhood, and afterwards to fall to my son Thomas Marshall and his heirs forever. Item I leave my Tobacco to pay my Debts and if any be over for the clothing of my small children. Item I give and bequeath unto my well Beloved son Thomas Marshall one negro woman named hanno and one negroe child named Jacob? Item I give and bequeathe unto my well beloved son John Marshall one negroe fellow named George and one negroe child named Nan. Item. I give and bequeathe unto my beloved son Wm. Marshall one negro woman named Sall and one negro boy named Hanable to remain in the possession of his mother until he come to the age of twenty years. Item I give and Bequeath unto my Beloved son Abraham Marshall one negro boy named Jim and one negroe girl named bett to remain in the possession of his mother until he come to the age of twenty years. Item I give and Bequeath unto my Beloved daughter Mary Marshall one negro girl named Cate and negro boy Gus to remain in possession of her mother until she come to the age of Eighteen years or until marriage. Item, I give and Bequeath unto my beloved Daughter Peggy Marshall one negro boy named Joshua and one negro girl named Liz to remain in possession of her mother until she come to the age of Eighteen or until marriage! Item. I leave my personal Estate Except the legacies abovementioned to be equally Divided Between my wife and six children last above mentioned. Item I constitute and appoint my wife and my two sons Thos. Marshall and John Marshall Executors of this my last will & testament In witness hereof I have hereunto set my hand and fixed my seal this first day of April One thousand seven hundred and fifty two. Interlined before assigned.
Benjamin Rallins}John Marshall(Seal)William HoustonAugustine SmithWestmorland Sct.{At a Court held for the said County the 26th day of May 1752.
This Last will and testament of John Marshall decd. was presented into Court by Eliza. his relict and Thomas Marshall two of his Executors therein named who made oath thereto and being proved by the oaths of Benja. Rallings and Augustine Smith two of the witnesses thereto is admitted to record, and upon the motion of the said Eliza. & Thos. and their performing what the Law in such cases require Certificate is granted them for obtaining a probate thereof in due form.
TestGeorge LeeC. C. C. W.
Recorded the 22d. day of June 1752.PerG. L. C. C. W. C.
A Copy. Teste:Frank Stuart, Clerk of the Circuit Court of Westmoreland County, State of Virginia.[A copy. John Marshall's Will. Recorded in the Clerk's Office of Westmoreland County, State of Virginia, in Deeds and Wills, no. 11, at page 419et seq.]
A Copy. Teste:Frank Stuart, Clerk of the Circuit Court of Westmoreland County, State of Virginia.
[A copy. John Marshall's Will. Recorded in the Clerk's Office of Westmoreland County, State of Virginia, in Deeds and Wills, no. 11, at page 419et seq.]
This indenture made the 23d day of October in ye first year of ye reign of our sovereign Lord George ye 2d. by ye. grace of God of Great Brittain France & Ireland King defendr. of ye faith &c. and in ye year of our Lord God one thousand seven hundred & twenty seven, between William Marshall of ye. County of King & Queen in ye. Colony of Virginia planter of the one part & John Marshall of ye. County of Westmoreland Virginia of the other part:WITNESSETHthat ye sd. William Marshall for and in consideration of ye. sum of five shillings sterling money of England to him in hand paid before ye sealing & delivery hereof ye. receipt whereof he doth hereby acknowledge & thereof & of every part thereof doth hereby acquit & discharge ye. sd John Marshall his heirs Exectrs & administrators by these presents, hath granted bargained & sold & doth hereby grant bargain & sell John Marshall his heirs Exectrs administrs & assigns all that tract or parsel of land (except ye parsel of land wch was sold out of it to Michael Hulburt) scitute lying & being in Westmoreland County in Washington parish on or near Appamattox Creek & being part of a tract of land containing 1200 acres formerly granted to Jno: Washington & Tho: Pope gents by Patent dated the 4th Septbr. 1661 & by them lost for want of seating & since granted to Collo. Nicholas Spencer by Ordr. Genll. Court dated Septbr. ye 21st 1668 & by ye said Spencer assign'd to ye. sd. Jno: Washington ye 9th of Octobr. 1669 which sd. two hundred acres was conveyed & sold to Thomas Marshall by Francis Wright & afterwards acknowledged in Court by John Wright ye. 28th day of May 1707 which sd two hundred acres of land be ye. same more or less and bounded as follows beginning at a black Oak standing in ye. southermost line of ye sd. 1200 acres & being a corner tree of a line that divideth this two hundred acres from One hundred acres of Michael Halbarts extending along ye. sd southermost lines west two hundred poles to a marked red Oak, thence north 160 poles to another marked red Oak thence east 200 polesto a black Oak of ye sd. Halberts to ye place it began, with all houses outhouses Orchards water water courses woods under woods timbers & all other things thereunto belonging with the revertion & revertions remainder & remainders rents issues & yearly profits & every part & parcell thereof. To have and to hold ye. sd. land & premises unto ye. sd John Marshall his heirs Executors Administrs & assignes from ye. day of ye date thereof for & during & untill the full end & term of six months from thence next ensuing fully to be compleat & ended to ye. end that by virtue thereof & of the statutes for transferring uses into possessions ye. sd John Marshall might be in actual possession of ye premises & might be enabled to take and accept of a grant release of the same to him ye. sd John Marshall his heires & assignes forever. In Witness whereof the parties to these present Indentures interchangeably have set——hands & seals ye. day & year first above written.
Wm Marshall(seal)Signd. Seald & d'd in sight & presence of—}Francis Lacon,Jane Lacon,Thomas ThompsonWestmorld. ss.}At a Court held for the sd. County the 27th day of March 1728.
William Marshall personally acknowledged this lease of land by him passed to John Marshall to be his proper act and deed, which at the instance of the sd. John Marshall is admitted to record.
TestG. Turbervile, C. C. W.
Recorded the 29th day of March 1728.Pr.G. T. C. C. W.
A Copy. Teste:Frank Stuart, Clerk of the Circuit Court of Westmoreland County, State of Virginia.[A copy. William Marshall to John Marshall. Deed. Recorded in the Clerk's Office of Westmoreland County, State of Virginia, in Deeds and Wills, no. 8-1, at page 276.]
A Copy. Teste:Frank Stuart, Clerk of the Circuit Court of Westmoreland County, State of Virginia.
[A copy. William Marshall to John Marshall. Deed. Recorded in the Clerk's Office of Westmoreland County, State of Virginia, in Deeds and Wills, no. 8-1, at page 276.]
To the Honorable the Speaker and members of the house of Delegates, the Memorial of Thomas Marshall humbly sheweth.
To the Honorable the Speaker and members of the house of Delegates, the Memorial of Thomas Marshall humbly sheweth.
That your Memorialist in Augt1775 was appointed Major to the first minute Battalion raisd within this Commonwealth and early in October the same year enterd into actual service in which he continued during the following winter campaign. That while your memorialist commanded at the Great Bridge he was appointed Major to the 3dVirginia Continental Regimthe did not however retire from service but retaind his command and continued at his post till the latter end of March 1776 when the troops under his command were relieved by those of the continent rais'd in this State, by which time the 3dVirginia Regimtwas rais'd and your Memorialist immediately called on to take command in it. That in Augt1776 he together with the regiment to which he belonged in obedience to the orders they had recdbegan their march to New York, where they join'd the Grand-Army. That your Memorialist continued in hard and unremitting service from this time till the close of the campaign of 1777. That in the latter end of November 1777 your Memorialist was informed by an official letter from the then Governor, of his haveing been appointed by the General Assembly of Virginia to the command of the State regiment of Artillery;—a command he was only induced to take by a preference he ever felt for Artillery Service. That your Memorialist however retain'd his command and continued his service in the Northern Army till the end of the Campaign when the Troops were ordered into winter quarters. That your Memorialist then return'd to Virginia and about the middle of January following took command of his Regimtof Artillery, which command he rataind till the 26th of February 1781 at which time, the term of enlistment of most of the soldiers of the Regimthaving expired, they were discharged and your Memorialist became a reduced officer. Your Memorialist conceived from the Laws existingat the time he enter'd into the particular service of this State and from the different acts respecting the State Troops which have since passd the Legislature, that he should be intitled to every emolument to which he would have had a just claim had he remaind in the Continental Service. If however only particular discriptions of State Officers are to receive such emoluments as Continental are intitled to, your Memorialist humbly presumes to hope that his haveing made three of the severest campaigns in the last war before he took command of the State Regimtof Artillery, his haveing rendered, as he trusts, some services as commanding officer of that Regiment, his haveing remaind in service till there was no longer a command for him, his having held himself in readiness to return to service, had his regiment been recruited, give him as fair a claim to military emoluments as any officer who has been in the particular service of this State. Your memorialist therefore humbly prays that your honorable house will take his services into consideration and allow him those emoluments which may be given to other State Officers whose services may not be superior to his.
T. Marshall.
A true copyH. R. McIlwain,State Librarian.June 20, 1916.[Marshalls PetnNov. 25th 1784 Referred to Propositions Props. discharged and refdto whole on Bill for giving Commutation to Officers of 1st and 2d State Regiments.]
A true copyH. R. McIlwain,State Librarian.June 20, 1916.
[Marshalls PetnNov. 25th 1784 Referred to Propositions Props. discharged and refdto whole on Bill for giving Commutation to Officers of 1st and 2d State Regiments.]
The material given in parentheses and following certain titles indicates the form in which those titles have been cited in the footnotes.
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Transcriber's Note:Obvious errors in spelling and punctuation have been corrected. Footnotes have been renumbered and moved from the page end to the end of their respective chapters. Images have been moved from the middle of a paragraph to the closest paragraph break.