FOOTNOTES:

John Marshall had long been the attorney in Virginia for Robert Morris, who frequently visited that State, sometimes taking his family with him. In all probability, it was upon some such journey that James M. Marshall, the brother of John Marshall, met and became engaged to Hester Morris, daughter of the great speculator, whom he married on April 19, 1795.[520]James M. Marshall—nine years younger than his brother—possessed ability almost equal to John Marshall and wider and more varied accomplishments.[521]

It is likely that the Pennsylvania financier, before the marriage, suggested to the Marshall brothers the purchase of what remained of the Fairfax estate in the Northern Neck, embracing over one hundred and sixty thousand acres of the best land in Virginia.[522]At any rate, sometime during 1793 or 1794 JohnMarshall, his brother, James M. Marshall, his brother-in-law, Rawleigh Colston, and General Henry Lee contracted for the purchase of this valuable holding.[523]In January of that year James M. Marshall sailed for England to close the bargain.[524]The money to buy the Fairfax lands was to be advanced by Robert Morris, who, partly for this purpose, sent James M. Marshall to Europe to negotiate[525]loans, immediately after his marriage to Hester Morris.

At Amsterdam "some Capitalists proposed to supply on very hard terms a Sum more than Sufficient to pay Mr. Fairfax," writes Morris, and James M. Marshall "has my authority to apply the first Monies he receives on my accotto that Payment."[526]By the end of 1796 Morris's over-speculations had gravely impaired his fortune. The old financier writes pathetically to James M. Marshall: "I am struggling hard, very hard, indeed to regain my Position." He tells his son-in-law that if a loan cannot be obtained on his other real estate he "expects these Washington Lotts will be the mostcertain of any Property to raise Money on"; and that "[I] will have a number of them Placed under your Controul."[527]

The loan failed, for the time being, but, writes Morris to John Marshall, "Mr. Hottenguer[528]who first put the thing in motion says it will come on again" and succeed; "if so, your brother will, of course, be ready for Mr. Fairfax." Morris is trying, he says, to raise money from other sources lest that should fail. "I am here distressed exceedingly in money matters," continues the harried and aging speculator "as indeed every body here are but I will immediately make such exertions as are in my power to place funds with your brother and I cannot but hope that his and my exertions will produce the needful in proper time to prevent mischief."[529]

A month later Morris again writes John Marshall that he is "extremely anxious & fearing that it [theAmsterdam loan] may fall through I am trying to obtain a loan here for the purposes of your Brother in London. This," says the now desperate financier, "is extremely difficult, for those who have money or credit in Europe seem to dread every thing that is American." He assures John Marshall that he will do his utmost. "My anxiety ... [to make good the Fairfax purchase] is beyond what I can express." Alexander Baring "could supply the money ... but he parries me. He intends soon for the Southward I will introduce him to you."[530]

The title to the Fairfax estate had been the subject of controversy for many years. Conflicting grants, overlapping boundaries, sequestration laws, the two treaties with Great Britain, were some of the elements that produced confusion and uncertainty in the public mind and especially in the minds of those holding lands within the grant. The only real and threatening clouds upon the title to the lands purchased by the Marshall syndicate, however, were the confiscatory laws passed during the Revolution[531]which the Treaty of Peace and the Jay Treaty nullified.[532]There were also questions growing out of grants made by the colonial authorities between 1730 and 1736, but these were not weighty.

The case of Huntervs.Fairfax, Devisee, involving these questions, was pending in the Supreme Court of the United States. John Marshall went to Philadelphia and tried to get the cause advanced and decided. He was sadly disappointed at his failure and so wrote his brother. "Your Brother has been here," writes Morris to his son-in-law, "as you will see by a letter from him forwarded by this conveyance. He could not get your case brought forward in the Supreme Court of the U. S. at which he was much dissatisfied & I am much concerned thereat, fearing that real disadvantage will result to your concern thereby."[533]

The case came on for hearing in regular course during the fall term. Hunter, on the death of his attorney, Alexander Campbell, prayed the Court, by letter, for a continuance, which was granted over the protest of the Fairfax attorneys of record, Lee and Ingersoll of Philadelphia, who argued that "from the nature of the cause, delay would be worse for the defendant in error [the Fairfax heir] than a decision adverse to his claim." The Attorney-General stated that the issue before the Court was "whether ... the defendant in error being an alien can take and hold the lands by devise. And it will be contended that his title is completely protected by the treaty of peace." Mr. Justice Chase remarked: "I recollect that ... a decision in favor of such a devisee's title was given by a court in Maryland. It is a matter, however, of great moment and ought to be deliberately and finally settled."[534]The Marshalls, of course, stood in the shoes of the Fairfax devisee; had the Supreme Court decided against the Fairfax title,their contract of purchase would have been nullified and, while they would not have secured the estate, they would have been relieved of the Fairfax indebtedness. It was, then, a very grave matter to the Marshalls, in common with all others deriving their titles from Fairfax, that the question be settled quickly and permanently.

A year or two before this purchase by the Marshalls of what remained of the Fairfax estate, more than two hundred settlers, occupying other parts of it, petitioned the Legislature of Virginia to quiet their titles.[535]Acting on these petitions and influenced, perhaps, by the controversy over the sequestration laws which the Marshall purchase renewed, the Legislature in 1796 passed a resolution proposing to compromise the dispute by the State's relinquishing "all claim to any lands specifically appropriated by ... Lord Fairfax to his own use either by deed or actual survey ... if the devises of Lord Fairfax, or those claiming under them, will relinquish all claims to lands ... which were waste and unappropriated at the time of the death of Lord Fairfax."[536]

Acting for the purchasing syndicate, John Marshall, in a letter to the Speaker of the House, accepted this legislative offer of settlement upon the condition that "an act passes during this session confirming ... the title of those claiming under Mr. Fairfax the lands specifically appropriated andreserved by the late Thomas Lord Fairfax or his ancestors for his or their use."[537]

When advised of what everybody then supposed to be the definitive settlement of this vexed controversy, Robert Morris wrote John Marshall that "altho' you were obliged to give up a part of your claim yet it was probably better to do that than to hold a contest with such an opponent [State of Virginia]. I will give notice to MṛJaṣMarshall of this compromise."[538]John Marshall, now sure of the title, and more anxious than ever to consummate the deal by paying the Fairfax heir, hastened to Philadelphia to see Morris about the money.

"Your Brother John Marshall Esqṛis now in this City," writes Robert Morris to his son-in-law, "and his principal business I believe is to see how you are provided with Money to pay Lord Fairfax.... I am so sensible of the necessity there is for your being prepared for Lord Fairfax's payment that there is nothing within my power that I would not do to enable you to meet it."[539]

The members of the Marshall syndicate pressed their Philadelphia backer unremittingly, it appears, for a few days later he answers what seems to have been a petulant letter from Colston assuring that partner in the Fairfax transaction that he is doing his utmost to "raise the money to enable Mr. James Marshall to meet the Payments for your Purchase at least so far as it is incumbent on me to supply the means.... From the time named by John Marshall Esqrewhen here, I feel perfect Confidence, because I will furnish him before that period with such Resources & aid as I think cannot fail."[540]

PAGE OF JAMES MARSHALL'S ACCOUNT WITH ROBERT MORRIS SHOWING PAYMENT OF £7700 TO FAIRFAXPAGE OF JAMES MARSHALL'S ACCOUNT WITH ROBERT MORRIS SHOWING PAYMENT OF £7700 TO FAIRFAX(Facsimile)

Finally Marshall's brother negotiated the loan, an achievement which Morris found "very pleasing, as it enables you to take the first steps with Lord Fairfax for securing your bargain."[541]Nearly forty thousand dollars of this loan was thus applied. In his book of accounts with Morris, James M. Marshall enters: "Jany 25 '97 To £7700 paid the RevḍDenny Fairfax and credited in your [Morris's] account with me 7700" (English pounds sterling).[542]Thetotal amount which the Marshalls had agreed to pay for the remnant of the Fairfax estate was "fourteen thousand pounds British money."[543]When Robert Morris became bankrupt, payment of the remainder of the Fairfax indebtedness fell on the shoulders of Marshall and his brother.

This financial burden caused Marshall to break his rule of declining office and to accept appointment as one of our envoys to France at the time of Robert Morris's failure and imprisonment for debt; for from that public employment of less than one year, Marshall, as we shall see, received in the sorely needed cash, over and above his expenses, three times the amount of his annual earnings at the bar.[544]"Mr. John Marshall has said here," relates Jefferson after Marshall's return, "that had he not been appointed minister [envoy] to France, he was desperate in his affairs and must have sold his estate [the Fairfax purchase] & that immediately. That that appointment was the greatest God-send that could ever have befallen a man."[545]Jefferson adds: "I have this from J. Brown and S. T. Mason [Senator Mason]."[546]

So it was that Marshall accepted a place on the mission to France[547]when it was offered to him byAdams, who "by a miracle," as Hamilton said, had been elected President.[548]

FOOTNOTES:[456]Southern Literary Messenger, 1836, ii, 181-91; also see Howe, 266.[457]Southern Literary Messenger, ii, 181-91; also Howe, 266. Apparently the older lawyer had been paid the one hundred dollars, for prepayment was customary in Virginia at the time. (See La Rochefoucauld, iii, 76.) This tale, fairly well authenticated, is so characteristic of Marshall that it is important. It visualizes the man as he really was. (See Jefferson's reference, in his letter to Madison, to Marshall's "lax, lounging manners,"supra, 139.)[458]Story, in Dillon, iii, 363.[459]Wirt:The British Spy, 110-12.[460]Mazzei'sRecherches sur les États-Unis, published in this year (1788) in four volumes.[461]Marshall himself could not read French at this time. (Seeinfra, chap.vi.)[462]In this chapter of Marshall's receipts and expenditures all items are from his Account Book, described in vol.i, chap.v, of this work.[463]Marshall's third child, Mary, was born Sept. 17, of this year.[464]La Rochefoucauld, iii, 75-76.[465]Records, Henrico County, Virginia, Deed Book, iii, 74.[466]In 1911 the City Council of Richmond presented this house to the Association for the Preservation of Virginia Antiquities, which now owns and occupies it.[467]Mordecai, 63-70; andib., chap. vii.[468]La Rochefoucauld, iii, 63. Negroes made up one third of the population.[469]Ib., 64; also Christian, 30.[470]This celebrated French playwright and adventurer is soon to appear again at a dramatic moment of Marshall's life. (Seeinfra, chaps.vitoviii.)[471]Marshall's bill in equity in the "High Court of Chancery sitting in Richmond," January 1, 1803; Chamberlin MSS., Boston Public Library. Marshall, then Chief Justice, personally drew this bill. After the Fairfax transaction, he seems to have left to his brother and partner, James M. Marshall, the practical handling of his business affairs.[472]Memorial of William F. Ast and others; MS. Archives, Va. St. Lib.[473]Christian, 46.[474]This company is still doing business in Richmond.[475]Christian, 46.[476]The enterprise appears not to have filled the public with investing enthusiasm and no subscriptions to it were received.[477]Seeinfra, chap.x.[478]Marshall to James M. Marshall, April 3, 1799; MS. This was the only one of Marshall's sisters then unmarried. She was twenty years of age at this time and married Major George Keith Taylor within a few months. He was a man of unusual ability and high character and became very successful in his profession. In 1801 he was appointed by President Adams, United States Judge for a Virginia district. (Seeinfra, chap.xii.) The union of Mr. Taylor and Jane Marshall turned out to be very happy indeed. (Paxton, 77.)Compare this letter of Marshall with that of Washington to his niece, in which he gives extensive advice on the subject of love and marriage. (Washington to Eleanor Parke Custis, Jan. 16, 1795;Writings: Ford, xiii, 29-32.)[479]Marshall to Everett, July 22, 1833.[480]Christian, 28.[481]Richmond and Manchester Advertiser, Sept. 24, 1795.[482]Proceedingsof the M. W. Grand Lodge of Ancient York Masons of the State of Virginia, from 1778 to 1822, by John Dove, i, 144; see also 121, 139.[483]Seeinfra, chap.x.[484]See vol.i, chap.v, of this work.[485]Gilmer, 23-24.[486]Gustavus Schmidt, inLouisiana Law Journal(1841), 81-82.[487]For a list of cases argued by Marshall and reported in Call and Washington, with title of case, date, volume, and page, see Appendix I.[488]A good illustration of a brilliant display of legal learning by associate and opposing counsel, and Marshall's distaste for authorities when he could do without them, is the curious and interesting case of Colemanvs.Dick and Pat, decided in 1793, and reported in 1 Washington, 233. Wickham for appellant and Campbell for appellee cited ancient laws and treaties as far back as 1662. Marshall cited no authority whatever.[489]See Stevensvs.Taliaferro, Adm'r, 1 Washington, 155, Spring Term, 1793.[490]Johnsonvs.Bourn, 1 Washington, 187, Spring Term, 1793.[491]Ib.[492]Marshall to Archibald Stuart, March 27, 1794; MS., Va. Hist. Soc.[493]Ib., May 28, 1794.[494]Munford, 326-38.[495]See vol.iiiof this work.[496]Constitution of the United States, article vi.[497]Ib., article iii, section 2.[498]The Fairfax deal; seeinfra, 203et seq.[499]Henry, ii, 475.[500]Howe, 221-22.[501]3 Dallas, 256-57, and footnote. In his opinion Justice Iredell decided for the debtors. When the Supreme Court of the United States, of which he was a member, reversed him in Philadelphia, the following year, Justice Iredell, pursuant to a practice then existing, and on the advice of his brother justices, placed his original opinion on record along with those of Justices Chase, Paterson, Wilson, and Cushing, each of whom delivered separate opinions in favor of the British creditors.[502]For Marshall's argument in the British Debts case before the Supreme Court, see 3 Dallas, 199-285.[503]King to Pinckney, Oct. 17, 1797; King, ii, 234-35. King refers to the British Debts case, the only one in which Marshall had made an argument before the Supreme Court up to this time.[504]Seeinfra, chap.xi.[505]Kennedy, ii, 76. Mr. Wirt remembered the argument well; but twenty-four years having elapsed, he had forgotten the case in which it was made. He says that it was the Carriage Tax case and that Hamilton was one of the attorneys. But it was the British Debts case and Hamilton's name does not appear in the records.[506]Kennedy, ii, 66. Francis W. Gilmer was then the most brilliant young lawyer in Virginia. His health became too frail for the hard work of the law; and his early death was universally mourned as the going out of the brightest light among the young men of the Old Dominion.[507]Gilmer, 23-24.[508]Wirt:The British Spy, 112-13.[509]La Rochefoucauld, iii, 120. Doubtless La Rochefoucauld would have arrived at the above conclusion in any event, since his estimate of Marshall is borne out by every contemporary observer; but it is worthy of note that the Frenchman while in Richmond spent much of his time in Marshall's company. (Ib., 119.)[510]Ib., 75. "The profession of a lawyer is ... one of the most profitable.... In Virginia the lawyers usually take care to insist on payment before they proceed in a suit; and this custom is justified by the general disposition of the inhabitants to pay as little and as seldom as possible."[511]Jefferson to Monroe, Feb. 8, 1798;Works: Ford, viii, 365. Marshall was in France at the time. (Seeinfra, chaps.vitoviiiinclusive.)[512]Story, in Dillon, iii, 354. Warevs.Hylton was argued Feb. 6, 8, 9, 10, 11, and 12. The fight against the bill to carry out the Jay Treaty did not begin in the National House of Representatives until March 7, 1796.[513]Morris to Marshall, May 3, 1796; Morris's Private Letter Book; MS., Lib. Cong. The stock referred to in this correspondence is probably that of the Bank of the United States.[514]Morris to Marshall, June 16, 1796; Morris's Private Letter Book; MS., Lib. Cong.[515]Morris to Marshall, Aug. 24, 1796;ib.[516]The commission failed and war was narrowly averted by the payment of a lump sum to Great Britain. It is one of the curious turns of history that Marshall, as Secretary of State, made the proposition that finally concluded the matter and that Jefferson consummated the transaction. (Seeinfra, chap.xii.)[517]Lee means a debtor under the commission. Marshall was a debtor to Fairfax. (Seeinfra.)[518]Lee to Washington, March 20, 1796;Cor. Rev.: Sparks, iv, 481-82.[519]William Bingham of Philadelphia was reputed to be "the richest man of his time." (Watson:Annals of Philadelphiai. 414.) Chastellux estimates Morris's wealth at the close of the Revolution at 8,000,000 francs. (Chastellux, 107.) He increased his fortune many fold from the close of the war to 1796.The operations of Robert Morris in land were almost without limit. For instance, one of the smaller items of his purchases was 199,480 acres in Burke County, North Carolina. (Robert Morris to James M. Marshall, Sept. 24, 1795; Morris's Private Letter Book; MS., Lib. Cong.)Another example of Morris's scattered and detached deals was his purchase of a million acres "lying on the western counties of Virginia ... purchased of William Cary Nicholas.... I do not consider one shilling sterling as one fourth the real value of the lands.... If, therefore," writes Morris to James M. Marshall, "a little over £5000 Stg. could be made on this security it would be better than selling especially at 12ḍper acre." (Robert Morris to James M. Marshall, Oct. 10, 1795;ib.)Morris owned at one time or another nearly all of the western half of New York State. (See Oberholtzer, 301et seq.) "You knew of Mr. Robert Morris's purchase ... of one million, three hundred thousand acres of land of the State of Massachusetts, at five pence per acre. It is said he has sold one million two hundred thousand acres of these in Europe." (Jefferson to Washington, March 27, 1791;Cor. Rev.: Sparks, iv, 365.)Patrick Henry acquired considerable holdings which helped to make him, toward the end of his life, a wealthy man. Washington, who had a keen eye for land values, became the owner of immense quantities of real estate. In 1788 he already possessed two hundred thousand acres. (De Warville, 243.)[520]Oberholtzer, 266et seq.Hester Morris, at the time of her marriage to John Marshall's brother, was the second greatest heiress in America.[521]Grigsby, i, footnote to 150.[522]Deed of Lieutenant-General Phillip Martin (the Fairfax heir who made the final conveyance) to Rawleigh Colston, John Marshall, and James M. Marshall; Records at Large, Fauquier County (Virginia) Circuit Court, 200et seq.At the time of the contract of purchase, however, the Fairfax estate was supposed to be very much larger than the quantity of land conveyed in this deed. It was considerably reduced before the Marshalls finally secured the title.[523]Lee is mentioned in all contemporary references to this transaction as one of the Marshall syndicate, but his name does not appear in the Morris correspondence nor in the deed of the Fairfax heir to the Marshall brothers and Colston.[524]JṣMarshall to —— [Edmund Randolph] Jan. 21, 1794; MS. Archives Department of State. Marshall speaks of dispatches which he is carrying to Pinckney, then American Minister to Great Britain. This letter is incorrectly indexed in the Archives as from John Marshall. It is signed "JṣMarshall" and is in the handwriting of James M. Marshall. John Marshall was in Richmond all this year, as his Account Book shows.[525]Morris to John Marshall, Nov. 21, 1795; and Aug. 24, 1796; Morris's Private Letter Book; MS., Lib. Cong.[526]Morris to Colston, Nov. 11, 1796;ib.[527]Robert Morris to James M. Marshall, Dec. 3, 1796; Morris's Private Letter Book; MS., Lib. Cong. By the expression "Washington Lotts" Morris refers to his immense real estate speculations on the site of the proposed National Capital. Morris bought more lots in the newly laid out "Federal City" than all other purchasers put together. Seven thousand two hundred and thirty-four lots stood in his name when the site of Washington was still a primeval forest. (Oberholtzer, 308-12.) Some of these he afterwards transferred to the Marshall brothers, undoubtedly to make good his engagement to furnish the money for the Fairfax deal, which his failure prevented him from advancing entirely in cash. (For account of Morris's real estate transactions in Washington see La Rochefoucauld, iii, 622-26.)[528]This Hottenguer soon appears again in John Marshall's life as one of Talleyrand's agents who made the corrupt proposals to Marshall, Pinckney, and Gerry, the American Commissioners to France in the famous X.Y.Z. transaction of 1797-98. (Seeinfra, chaps.vitoviii.)[529]Robert Morris to John Marshall, Dec. 30, 1796; Morris's Private Letter Book; MS., Lib. Cong.[530]Morris to John Marshall, Jan. 23, 1797; Morris's Private Letter Book; MS., Lib. Cong.[531]Hening, ix, chap. ix, 377et seq.; alsoib., x, chap. xiv, 66et seq.; xi, chap. xliv, 75-76; xi, chap. xlv, 176et seq.; xi, chap. xlvii, 81et seq.; xi, chap. xxx, 349et seq.[532]Such effect of these treaties was not yet conceded, however.[533]Morris to James M. Marshall, March 4, 1796; Morris's Private Letter Book; MS., Lib. Cong.[534]Huntervs.Fairfax, Devisee, 3 Dallas, 303, and footnote.[535]Originals in Archives of Virginia State Library. Most of the petitions were by Germans, many of their signatures being in German script. They set forth their sufferings and hardships, their good faith, loss of papers, death of witnesses, etc.[536]Laws of Virginia, Revised Code (1819), i, 352.[537]Laws of Virginia, Revised Code (1819), i, 352. Marshall's letter accepting the proposal of compromise is as follows:—"Richmond, November 24th, 1796."Sir, being one of the purchasers of the lands of Mr. Fairfax, and authorized to act for them all, I have considered the resolution of the General Assembly on the petitions of sundry inhabitants of the counties of Hampshire, Hardy, and Shenandoah, and have determined to accede to the proposition it contains."So soon as the conveyance shall be transmitted to me from Mr. Fairfax, deeds extinguishing his title to the waste and unappropriated lands in the Northern Neck shall be executed, provided an act passes during this session, confirming, on the execution of such deeds, the title of those claiming under Mr. Fairfax the lands specifically appropriated and reserved by the late Thomas Lord Fairfax, or his ancestors, for his or their use."I remain Sir, with much respect and esteem,"Your obedient servant,John Marshall."The Honorable, the Speaker of the House of Delegates."(Laws of Virginia.)[538]Morris to John Marshall, Dec. 30, 1796; Morris's Private Letter Book; MS., Lib. Cong.[539]Morris to James M. Marshall, Feb. 10, 1797; Morris's Private Letter Book; MS., Lib. Cong. Morris adds that "I mortgaged to ColọHamilton 100,000 acres of Genesee Lands to secure payment of $75,000 to Mr. Church in five years. This land is worth at this moment in Cash two Dollars pr Acre."[540]Morris to Colston, Feb. 25, 1797;ib.[541]Morris to James M. Marshall, April 27, 1797;ib.[542]MS. The entry was made in Amsterdam and Morris learned of the loan three months afterwards.[543]Records at Large in Clerk's Office of Circuit Court of Fauquier County, Virginia, 200et seq.The deed was not filed until 1806, at which time, undoubtedly, the Marshalls made their last payment.[544]Seeinfra, chap.viii. It was probably this obligation too, that induced Marshall, a few years later, to undertake the heavy task of writing theLife of Washington, quite as much as his passionate devotion to that greatest of Americans. (See vol.iiiof this work.)[545]"Anas," March 21, 1800;Works: Ford, i, 355.[546]Ib.Misleading as Jefferson's "Anas" is, his information in this matter was indisputably accurate.[547]Seeinfra, chap.vi. A short time before the place on the French mission was tendered Marshall, his father in Kentucky resigned the office of Supervisor of Revenue for the District of Ohio. In his letter of resignation Thomas Marshall gives a résumé of his experiences as an official under Washington's Administrations. Since this is one of the only two existing letters of Marshall's father on political subjects, and because it may have turned Adams's mind to John Marshall, it is worthy of reproduction:—Sir,Having determined to resign my Commission as Supervisor of the Revenue for the district of Ohio, on the 30th day of June next, which terminates the present fiscal year, I have thought it right to give this timely notice to you as President of the United States, in whom the nomination and appointment of my successor is vested; in order that you may in the meantime select some fit person to fill the office. You will therefore be pleased to consider me as out of office on the first day of July ensuing.It may possibly be a subject of enquiry, why, after holding the office during the most critical & troublesome times, I should now resign it, when I am no longer insulted, and abused, for endeavoring to execute the Laws of my Country—when those Laws appear to be, more than formerly, respected—and when the probability is, that in future they may be carried into effect with but little difficulty?In truth this very change, among other considerations, furnishes a reason for the decision I have made. For having once engaged in the business of revenue I presently found myself of sufficient importance with the enemies of the Government here to be made an object of their particular malevolence—and while this was the case, I was determined not to be driven from my post.At this time, advanced in years and declining in health, I find myself unfit for the cares, and active duties of the office; and therefore cheerfully resign a situation, which I at first accepted and afterwards held, more from an attachment to the Government, than from any pecuniary consideration, to be filled by some more active officer, as still more conducive to the public service.To the late President I had the honor of being known, and combined, with respect and veneration for his public character, the more social and ardent affections of the man, and of the friend.You Sir I have not the honor to know personally, but you have filled too many important stations in the service of your country; & fame has been too busy with your name to permit me to remain ignorant of your character; for which in all its public relations permit me to say, I feel the most entire respect and esteem: Nor is it to me among the smallest motives for my rejoicing that you are the President; and of my attachment to your administration to know that you have ever been on terms of friendship with the late President—that you have approved his administration,—and that you propose to yourself his conduct as an example for your imitation.On this occasion I may say without vanity that I have formerly and not infrequently, given ample testimony of my attachment to Republican Government, to the peace, liberty and happiness of my country and that it is not now to be supposed that I have changed my principles—or can esteem those who possess different ones.And altho' I am too old [Thomas Marshall was nearly sixty-five years of age when he wrote this letter] and infirm for active services, (for which I pray our country may not feel a call) yet my voice shall ever be excited in opposition to foreign influence, (from whence the greatest danger seems to threaten, as well as against internal foes) and in support of a manly, firm, and independent, exercise of those constitutional rights, which belong to the President, and Government of the United States. And,even opinions, have their effect.I am Sir with the mostJohn Adams, Esq.entire respect and esteemPresident of theYour very humble Servt,United States.T. Marshall.(Thomas Marshall to Adams, April 28, 1797; MS., Dept. of State.)[548]Seeinfra, chaps.xiandxii.

[456]Southern Literary Messenger, 1836, ii, 181-91; also see Howe, 266.

[457]Southern Literary Messenger, ii, 181-91; also Howe, 266. Apparently the older lawyer had been paid the one hundred dollars, for prepayment was customary in Virginia at the time. (See La Rochefoucauld, iii, 76.) This tale, fairly well authenticated, is so characteristic of Marshall that it is important. It visualizes the man as he really was. (See Jefferson's reference, in his letter to Madison, to Marshall's "lax, lounging manners,"supra, 139.)

[458]Story, in Dillon, iii, 363.

[459]Wirt:The British Spy, 110-12.

[460]Mazzei'sRecherches sur les États-Unis, published in this year (1788) in four volumes.

[461]Marshall himself could not read French at this time. (Seeinfra, chap.vi.)

[462]In this chapter of Marshall's receipts and expenditures all items are from his Account Book, described in vol.i, chap.v, of this work.

[463]Marshall's third child, Mary, was born Sept. 17, of this year.

[464]La Rochefoucauld, iii, 75-76.

[465]Records, Henrico County, Virginia, Deed Book, iii, 74.

[466]In 1911 the City Council of Richmond presented this house to the Association for the Preservation of Virginia Antiquities, which now owns and occupies it.

[467]Mordecai, 63-70; andib., chap. vii.

[468]La Rochefoucauld, iii, 63. Negroes made up one third of the population.

[469]Ib., 64; also Christian, 30.

[470]This celebrated French playwright and adventurer is soon to appear again at a dramatic moment of Marshall's life. (Seeinfra, chaps.vitoviii.)

[471]Marshall's bill in equity in the "High Court of Chancery sitting in Richmond," January 1, 1803; Chamberlin MSS., Boston Public Library. Marshall, then Chief Justice, personally drew this bill. After the Fairfax transaction, he seems to have left to his brother and partner, James M. Marshall, the practical handling of his business affairs.

[472]Memorial of William F. Ast and others; MS. Archives, Va. St. Lib.

[473]Christian, 46.

[474]This company is still doing business in Richmond.

[475]Christian, 46.

[476]The enterprise appears not to have filled the public with investing enthusiasm and no subscriptions to it were received.

[477]Seeinfra, chap.x.

[478]Marshall to James M. Marshall, April 3, 1799; MS. This was the only one of Marshall's sisters then unmarried. She was twenty years of age at this time and married Major George Keith Taylor within a few months. He was a man of unusual ability and high character and became very successful in his profession. In 1801 he was appointed by President Adams, United States Judge for a Virginia district. (Seeinfra, chap.xii.) The union of Mr. Taylor and Jane Marshall turned out to be very happy indeed. (Paxton, 77.)Compare this letter of Marshall with that of Washington to his niece, in which he gives extensive advice on the subject of love and marriage. (Washington to Eleanor Parke Custis, Jan. 16, 1795;Writings: Ford, xiii, 29-32.)

Compare this letter of Marshall with that of Washington to his niece, in which he gives extensive advice on the subject of love and marriage. (Washington to Eleanor Parke Custis, Jan. 16, 1795;Writings: Ford, xiii, 29-32.)

[479]Marshall to Everett, July 22, 1833.

[480]Christian, 28.

[481]Richmond and Manchester Advertiser, Sept. 24, 1795.

[482]Proceedingsof the M. W. Grand Lodge of Ancient York Masons of the State of Virginia, from 1778 to 1822, by John Dove, i, 144; see also 121, 139.

[483]Seeinfra, chap.x.

[484]See vol.i, chap.v, of this work.

[485]Gilmer, 23-24.

[486]Gustavus Schmidt, inLouisiana Law Journal(1841), 81-82.

[487]For a list of cases argued by Marshall and reported in Call and Washington, with title of case, date, volume, and page, see Appendix I.

[488]A good illustration of a brilliant display of legal learning by associate and opposing counsel, and Marshall's distaste for authorities when he could do without them, is the curious and interesting case of Colemanvs.Dick and Pat, decided in 1793, and reported in 1 Washington, 233. Wickham for appellant and Campbell for appellee cited ancient laws and treaties as far back as 1662. Marshall cited no authority whatever.

[489]See Stevensvs.Taliaferro, Adm'r, 1 Washington, 155, Spring Term, 1793.

[490]Johnsonvs.Bourn, 1 Washington, 187, Spring Term, 1793.

[491]Ib.

[492]Marshall to Archibald Stuart, March 27, 1794; MS., Va. Hist. Soc.

[493]Ib., May 28, 1794.

[494]Munford, 326-38.

[495]See vol.iiiof this work.

[496]Constitution of the United States, article vi.

[497]Ib., article iii, section 2.

[498]The Fairfax deal; seeinfra, 203et seq.

[499]Henry, ii, 475.

[500]Howe, 221-22.

[501]3 Dallas, 256-57, and footnote. In his opinion Justice Iredell decided for the debtors. When the Supreme Court of the United States, of which he was a member, reversed him in Philadelphia, the following year, Justice Iredell, pursuant to a practice then existing, and on the advice of his brother justices, placed his original opinion on record along with those of Justices Chase, Paterson, Wilson, and Cushing, each of whom delivered separate opinions in favor of the British creditors.

[502]For Marshall's argument in the British Debts case before the Supreme Court, see 3 Dallas, 199-285.

[503]King to Pinckney, Oct. 17, 1797; King, ii, 234-35. King refers to the British Debts case, the only one in which Marshall had made an argument before the Supreme Court up to this time.

[504]Seeinfra, chap.xi.

[505]Kennedy, ii, 76. Mr. Wirt remembered the argument well; but twenty-four years having elapsed, he had forgotten the case in which it was made. He says that it was the Carriage Tax case and that Hamilton was one of the attorneys. But it was the British Debts case and Hamilton's name does not appear in the records.

[506]Kennedy, ii, 66. Francis W. Gilmer was then the most brilliant young lawyer in Virginia. His health became too frail for the hard work of the law; and his early death was universally mourned as the going out of the brightest light among the young men of the Old Dominion.

[507]Gilmer, 23-24.

[508]Wirt:The British Spy, 112-13.

[509]La Rochefoucauld, iii, 120. Doubtless La Rochefoucauld would have arrived at the above conclusion in any event, since his estimate of Marshall is borne out by every contemporary observer; but it is worthy of note that the Frenchman while in Richmond spent much of his time in Marshall's company. (Ib., 119.)

[510]Ib., 75. "The profession of a lawyer is ... one of the most profitable.... In Virginia the lawyers usually take care to insist on payment before they proceed in a suit; and this custom is justified by the general disposition of the inhabitants to pay as little and as seldom as possible."

[511]Jefferson to Monroe, Feb. 8, 1798;Works: Ford, viii, 365. Marshall was in France at the time. (Seeinfra, chaps.vitoviiiinclusive.)

[512]Story, in Dillon, iii, 354. Warevs.Hylton was argued Feb. 6, 8, 9, 10, 11, and 12. The fight against the bill to carry out the Jay Treaty did not begin in the National House of Representatives until March 7, 1796.

[513]Morris to Marshall, May 3, 1796; Morris's Private Letter Book; MS., Lib. Cong. The stock referred to in this correspondence is probably that of the Bank of the United States.

[514]Morris to Marshall, June 16, 1796; Morris's Private Letter Book; MS., Lib. Cong.

[515]Morris to Marshall, Aug. 24, 1796;ib.

[516]The commission failed and war was narrowly averted by the payment of a lump sum to Great Britain. It is one of the curious turns of history that Marshall, as Secretary of State, made the proposition that finally concluded the matter and that Jefferson consummated the transaction. (Seeinfra, chap.xii.)

[517]Lee means a debtor under the commission. Marshall was a debtor to Fairfax. (Seeinfra.)

[518]Lee to Washington, March 20, 1796;Cor. Rev.: Sparks, iv, 481-82.

[519]William Bingham of Philadelphia was reputed to be "the richest man of his time." (Watson:Annals of Philadelphiai. 414.) Chastellux estimates Morris's wealth at the close of the Revolution at 8,000,000 francs. (Chastellux, 107.) He increased his fortune many fold from the close of the war to 1796.The operations of Robert Morris in land were almost without limit. For instance, one of the smaller items of his purchases was 199,480 acres in Burke County, North Carolina. (Robert Morris to James M. Marshall, Sept. 24, 1795; Morris's Private Letter Book; MS., Lib. Cong.)Another example of Morris's scattered and detached deals was his purchase of a million acres "lying on the western counties of Virginia ... purchased of William Cary Nicholas.... I do not consider one shilling sterling as one fourth the real value of the lands.... If, therefore," writes Morris to James M. Marshall, "a little over £5000 Stg. could be made on this security it would be better than selling especially at 12ḍper acre." (Robert Morris to James M. Marshall, Oct. 10, 1795;ib.)Morris owned at one time or another nearly all of the western half of New York State. (See Oberholtzer, 301et seq.) "You knew of Mr. Robert Morris's purchase ... of one million, three hundred thousand acres of land of the State of Massachusetts, at five pence per acre. It is said he has sold one million two hundred thousand acres of these in Europe." (Jefferson to Washington, March 27, 1791;Cor. Rev.: Sparks, iv, 365.)Patrick Henry acquired considerable holdings which helped to make him, toward the end of his life, a wealthy man. Washington, who had a keen eye for land values, became the owner of immense quantities of real estate. In 1788 he already possessed two hundred thousand acres. (De Warville, 243.)

The operations of Robert Morris in land were almost without limit. For instance, one of the smaller items of his purchases was 199,480 acres in Burke County, North Carolina. (Robert Morris to James M. Marshall, Sept. 24, 1795; Morris's Private Letter Book; MS., Lib. Cong.)

Another example of Morris's scattered and detached deals was his purchase of a million acres "lying on the western counties of Virginia ... purchased of William Cary Nicholas.... I do not consider one shilling sterling as one fourth the real value of the lands.... If, therefore," writes Morris to James M. Marshall, "a little over £5000 Stg. could be made on this security it would be better than selling especially at 12ḍper acre." (Robert Morris to James M. Marshall, Oct. 10, 1795;ib.)

Morris owned at one time or another nearly all of the western half of New York State. (See Oberholtzer, 301et seq.) "You knew of Mr. Robert Morris's purchase ... of one million, three hundred thousand acres of land of the State of Massachusetts, at five pence per acre. It is said he has sold one million two hundred thousand acres of these in Europe." (Jefferson to Washington, March 27, 1791;Cor. Rev.: Sparks, iv, 365.)

Patrick Henry acquired considerable holdings which helped to make him, toward the end of his life, a wealthy man. Washington, who had a keen eye for land values, became the owner of immense quantities of real estate. In 1788 he already possessed two hundred thousand acres. (De Warville, 243.)

[520]Oberholtzer, 266et seq.Hester Morris, at the time of her marriage to John Marshall's brother, was the second greatest heiress in America.

[521]Grigsby, i, footnote to 150.

[522]Deed of Lieutenant-General Phillip Martin (the Fairfax heir who made the final conveyance) to Rawleigh Colston, John Marshall, and James M. Marshall; Records at Large, Fauquier County (Virginia) Circuit Court, 200et seq.At the time of the contract of purchase, however, the Fairfax estate was supposed to be very much larger than the quantity of land conveyed in this deed. It was considerably reduced before the Marshalls finally secured the title.

[523]Lee is mentioned in all contemporary references to this transaction as one of the Marshall syndicate, but his name does not appear in the Morris correspondence nor in the deed of the Fairfax heir to the Marshall brothers and Colston.

[524]JṣMarshall to —— [Edmund Randolph] Jan. 21, 1794; MS. Archives Department of State. Marshall speaks of dispatches which he is carrying to Pinckney, then American Minister to Great Britain. This letter is incorrectly indexed in the Archives as from John Marshall. It is signed "JṣMarshall" and is in the handwriting of James M. Marshall. John Marshall was in Richmond all this year, as his Account Book shows.

[525]Morris to John Marshall, Nov. 21, 1795; and Aug. 24, 1796; Morris's Private Letter Book; MS., Lib. Cong.

[526]Morris to Colston, Nov. 11, 1796;ib.

[527]Robert Morris to James M. Marshall, Dec. 3, 1796; Morris's Private Letter Book; MS., Lib. Cong. By the expression "Washington Lotts" Morris refers to his immense real estate speculations on the site of the proposed National Capital. Morris bought more lots in the newly laid out "Federal City" than all other purchasers put together. Seven thousand two hundred and thirty-four lots stood in his name when the site of Washington was still a primeval forest. (Oberholtzer, 308-12.) Some of these he afterwards transferred to the Marshall brothers, undoubtedly to make good his engagement to furnish the money for the Fairfax deal, which his failure prevented him from advancing entirely in cash. (For account of Morris's real estate transactions in Washington see La Rochefoucauld, iii, 622-26.)

[528]This Hottenguer soon appears again in John Marshall's life as one of Talleyrand's agents who made the corrupt proposals to Marshall, Pinckney, and Gerry, the American Commissioners to France in the famous X.Y.Z. transaction of 1797-98. (Seeinfra, chaps.vitoviii.)

[529]Robert Morris to John Marshall, Dec. 30, 1796; Morris's Private Letter Book; MS., Lib. Cong.

[530]Morris to John Marshall, Jan. 23, 1797; Morris's Private Letter Book; MS., Lib. Cong.

[531]Hening, ix, chap. ix, 377et seq.; alsoib., x, chap. xiv, 66et seq.; xi, chap. xliv, 75-76; xi, chap. xlv, 176et seq.; xi, chap. xlvii, 81et seq.; xi, chap. xxx, 349et seq.

[532]Such effect of these treaties was not yet conceded, however.

[533]Morris to James M. Marshall, March 4, 1796; Morris's Private Letter Book; MS., Lib. Cong.

[534]Huntervs.Fairfax, Devisee, 3 Dallas, 303, and footnote.

[535]Originals in Archives of Virginia State Library. Most of the petitions were by Germans, many of their signatures being in German script. They set forth their sufferings and hardships, their good faith, loss of papers, death of witnesses, etc.

[536]Laws of Virginia, Revised Code (1819), i, 352.

[537]Laws of Virginia, Revised Code (1819), i, 352. Marshall's letter accepting the proposal of compromise is as follows:—"Richmond, November 24th, 1796."Sir, being one of the purchasers of the lands of Mr. Fairfax, and authorized to act for them all, I have considered the resolution of the General Assembly on the petitions of sundry inhabitants of the counties of Hampshire, Hardy, and Shenandoah, and have determined to accede to the proposition it contains."So soon as the conveyance shall be transmitted to me from Mr. Fairfax, deeds extinguishing his title to the waste and unappropriated lands in the Northern Neck shall be executed, provided an act passes during this session, confirming, on the execution of such deeds, the title of those claiming under Mr. Fairfax the lands specifically appropriated and reserved by the late Thomas Lord Fairfax, or his ancestors, for his or their use."I remain Sir, with much respect and esteem,"Your obedient servant,John Marshall."The Honorable, the Speaker of the House of Delegates."(Laws of Virginia.)

[537]Laws of Virginia, Revised Code (1819), i, 352. Marshall's letter accepting the proposal of compromise is as follows:—

"Richmond, November 24th, 1796.

"Sir, being one of the purchasers of the lands of Mr. Fairfax, and authorized to act for them all, I have considered the resolution of the General Assembly on the petitions of sundry inhabitants of the counties of Hampshire, Hardy, and Shenandoah, and have determined to accede to the proposition it contains.

"So soon as the conveyance shall be transmitted to me from Mr. Fairfax, deeds extinguishing his title to the waste and unappropriated lands in the Northern Neck shall be executed, provided an act passes during this session, confirming, on the execution of such deeds, the title of those claiming under Mr. Fairfax the lands specifically appropriated and reserved by the late Thomas Lord Fairfax, or his ancestors, for his or their use.

"I remain Sir, with much respect and esteem,

"Your obedient servant,

John Marshall.

"The Honorable, the Speaker of the House of Delegates."

(Laws of Virginia.)

[538]Morris to John Marshall, Dec. 30, 1796; Morris's Private Letter Book; MS., Lib. Cong.

[539]Morris to James M. Marshall, Feb. 10, 1797; Morris's Private Letter Book; MS., Lib. Cong. Morris adds that "I mortgaged to ColọHamilton 100,000 acres of Genesee Lands to secure payment of $75,000 to Mr. Church in five years. This land is worth at this moment in Cash two Dollars pr Acre."

[540]Morris to Colston, Feb. 25, 1797;ib.

[541]Morris to James M. Marshall, April 27, 1797;ib.

[542]MS. The entry was made in Amsterdam and Morris learned of the loan three months afterwards.

[543]Records at Large in Clerk's Office of Circuit Court of Fauquier County, Virginia, 200et seq.The deed was not filed until 1806, at which time, undoubtedly, the Marshalls made their last payment.

[544]Seeinfra, chap.viii. It was probably this obligation too, that induced Marshall, a few years later, to undertake the heavy task of writing theLife of Washington, quite as much as his passionate devotion to that greatest of Americans. (See vol.iiiof this work.)

[545]"Anas," March 21, 1800;Works: Ford, i, 355.

[546]Ib.Misleading as Jefferson's "Anas" is, his information in this matter was indisputably accurate.

[547]Seeinfra, chap.vi. A short time before the place on the French mission was tendered Marshall, his father in Kentucky resigned the office of Supervisor of Revenue for the District of Ohio. In his letter of resignation Thomas Marshall gives a résumé of his experiences as an official under Washington's Administrations. Since this is one of the only two existing letters of Marshall's father on political subjects, and because it may have turned Adams's mind to John Marshall, it is worthy of reproduction:—Sir,Having determined to resign my Commission as Supervisor of the Revenue for the district of Ohio, on the 30th day of June next, which terminates the present fiscal year, I have thought it right to give this timely notice to you as President of the United States, in whom the nomination and appointment of my successor is vested; in order that you may in the meantime select some fit person to fill the office. You will therefore be pleased to consider me as out of office on the first day of July ensuing.It may possibly be a subject of enquiry, why, after holding the office during the most critical & troublesome times, I should now resign it, when I am no longer insulted, and abused, for endeavoring to execute the Laws of my Country—when those Laws appear to be, more than formerly, respected—and when the probability is, that in future they may be carried into effect with but little difficulty?In truth this very change, among other considerations, furnishes a reason for the decision I have made. For having once engaged in the business of revenue I presently found myself of sufficient importance with the enemies of the Government here to be made an object of their particular malevolence—and while this was the case, I was determined not to be driven from my post.At this time, advanced in years and declining in health, I find myself unfit for the cares, and active duties of the office; and therefore cheerfully resign a situation, which I at first accepted and afterwards held, more from an attachment to the Government, than from any pecuniary consideration, to be filled by some more active officer, as still more conducive to the public service.To the late President I had the honor of being known, and combined, with respect and veneration for his public character, the more social and ardent affections of the man, and of the friend.You Sir I have not the honor to know personally, but you have filled too many important stations in the service of your country; & fame has been too busy with your name to permit me to remain ignorant of your character; for which in all its public relations permit me to say, I feel the most entire respect and esteem: Nor is it to me among the smallest motives for my rejoicing that you are the President; and of my attachment to your administration to know that you have ever been on terms of friendship with the late President—that you have approved his administration,—and that you propose to yourself his conduct as an example for your imitation.On this occasion I may say without vanity that I have formerly and not infrequently, given ample testimony of my attachment to Republican Government, to the peace, liberty and happiness of my country and that it is not now to be supposed that I have changed my principles—or can esteem those who possess different ones.And altho' I am too old [Thomas Marshall was nearly sixty-five years of age when he wrote this letter] and infirm for active services, (for which I pray our country may not feel a call) yet my voice shall ever be excited in opposition to foreign influence, (from whence the greatest danger seems to threaten, as well as against internal foes) and in support of a manly, firm, and independent, exercise of those constitutional rights, which belong to the President, and Government of the United States. And,even opinions, have their effect.I am Sir with the mostJohn Adams, Esq.entire respect and esteemPresident of theYour very humble Servt,United States.T. Marshall.(Thomas Marshall to Adams, April 28, 1797; MS., Dept. of State.)

Sir,

Having determined to resign my Commission as Supervisor of the Revenue for the district of Ohio, on the 30th day of June next, which terminates the present fiscal year, I have thought it right to give this timely notice to you as President of the United States, in whom the nomination and appointment of my successor is vested; in order that you may in the meantime select some fit person to fill the office. You will therefore be pleased to consider me as out of office on the first day of July ensuing.

It may possibly be a subject of enquiry, why, after holding the office during the most critical & troublesome times, I should now resign it, when I am no longer insulted, and abused, for endeavoring to execute the Laws of my Country—when those Laws appear to be, more than formerly, respected—and when the probability is, that in future they may be carried into effect with but little difficulty?

In truth this very change, among other considerations, furnishes a reason for the decision I have made. For having once engaged in the business of revenue I presently found myself of sufficient importance with the enemies of the Government here to be made an object of their particular malevolence—and while this was the case, I was determined not to be driven from my post.

At this time, advanced in years and declining in health, I find myself unfit for the cares, and active duties of the office; and therefore cheerfully resign a situation, which I at first accepted and afterwards held, more from an attachment to the Government, than from any pecuniary consideration, to be filled by some more active officer, as still more conducive to the public service.

To the late President I had the honor of being known, and combined, with respect and veneration for his public character, the more social and ardent affections of the man, and of the friend.

You Sir I have not the honor to know personally, but you have filled too many important stations in the service of your country; & fame has been too busy with your name to permit me to remain ignorant of your character; for which in all its public relations permit me to say, I feel the most entire respect and esteem: Nor is it to me among the smallest motives for my rejoicing that you are the President; and of my attachment to your administration to know that you have ever been on terms of friendship with the late President—that you have approved his administration,—and that you propose to yourself his conduct as an example for your imitation.

On this occasion I may say without vanity that I have formerly and not infrequently, given ample testimony of my attachment to Republican Government, to the peace, liberty and happiness of my country and that it is not now to be supposed that I have changed my principles—or can esteem those who possess different ones.

And altho' I am too old [Thomas Marshall was nearly sixty-five years of age when he wrote this letter] and infirm for active services, (for which I pray our country may not feel a call) yet my voice shall ever be excited in opposition to foreign influence, (from whence the greatest danger seems to threaten, as well as against internal foes) and in support of a manly, firm, and independent, exercise of those constitutional rights, which belong to the President, and Government of the United States. And,even opinions, have their effect.

I am Sir with the mostJohn Adams, Esq.entire respect and esteemPresident of theYour very humble Servt,United States.T. Marshall.

(Thomas Marshall to Adams, April 28, 1797; MS., Dept. of State.)

[548]Seeinfra, chaps.xiandxii.

Back to Index Next