CHAPTER V

MARRIAGE AND LAW BEGINNINGS

He was always and under all circumstances an enthusiast in love.

(Mrs. Carrington, of Marshall's devotion to his wife.)

It was upon a night of gentle gayety in the late winter or early spring

of 1779-80 that Captain John Marshall first met Mary Ambler. When he

went back to Virginia to take charge of troops yet to be raised, he

visited his father, then commanding at the village of Yorktown.[482]

More than a year had gone by since Colonel Marshall had left his son at

Valley Forge. On this visit befell the most important circumstance of

John Marshall's private life. While he was waiting for his new command,

an event came to pass which relieved his impatience to prolong still

further his four years of active warfare and inspired him to improve

this period of enforced absence from the front, by preparing himself

for his chosen profession.

Jacquelin Ambler had been one of Yorktown's wealthiest men, and his

house was called a "mansion." But the war had ruined him

financially;[483] and the year 1780 found the Ambler family dwelling in

humble quarters. "The small retired tenement" to which reduced

circumstances forced him to take his invalid wife and young children

stood next door to the headquarters of Colonel Thomas Marshall. The

Ambler family was under Colonel Marshall's protection, for the father's

duties as State Councillor kept him at Williamsburg.[484] But the

reverse of Jacquelin Ambler's fortunes did not make this little house

less attractive than his "mansion" had been.

The unusual charm of his daughters rendered that modest abode very

popular. Indeed, this quality of pleasing seems to have been a common

possession of the Ambler family, and has become historic. It was this

very Jacquelin Ambler for whom Rebecca Burwell threw over Thomas

Jefferson. This Virginia belle was the love of Jefferson's youth. She

was the "Campana in die,"[485] "Belinda," "Adnileb," and "R. B." of

Jefferson's letters.[486] But Rebecca Burwell preferred Jacquelin

Ambler and became his wife.[487] The Ambler daughters inherited from

both mother and father that beauty, grace, and goodness which gave them

their extraordinary personal appeal.

During John Marshall's visit to his father the young ladies of Yorktown

saw to it that a "ball" was given. All the officers had been invited, of

course; but none of them aroused such interest as did Captain John

Marshall of the Eleventh Virginia Regiment of the line.

The fame of this young soldier, fresh from the war, was very bright in

Virginia. His name was on the lips of all the fair attendants of the

dance. They were in a quiver of expectancy at the prospect of meeting

the gallant captain who had fought under the great Washington and who

had proved himself a hero at Brandywine and Germantown, at Valley Forge

and Monmouth.

Years afterwards, Eliza, the eldest of the Ambler daughters, described

the event in a letter full of color written to her sister. "We had been

accustomed to hear him [Marshall] spoken of by all as a very _paragon_,"

writes Mrs. Carrington, "we had often seen letters from him fraught

with filial and paternal affection. The eldest of fifteen children,

devoted from his earliest years to his younger brothers and sisters, he

was almost idolized by them, and every line received from him was read

with rapture."[488]

"Our expectations were raised to the highest pitch," writes the elder

sister, "and the little circle of York was on tiptoe on his arrival. Our

girls particularly were emulous who should be first introduced"; but

Mary Ambler, then only fourteen years old, and very diffident and

retiring, astonished her sister and friends by telling them that "we

were giving ourselves useless trouble; for that she, for the first time,

had made up her mind to go to the ball, though she had not even been at

dancing school, and was resolved to set her cap at him and eclipse us

all."[489]

Great was their disappointment when finally Captain Marshall arrived.

His ungainly dress, slouch hat, and rustic bearing instantly quenched

their enthusiasm.[490] They had looked forward to seeing a handsome,

romantic figure, brilliantly appareled, and a master of all the pleasing

graces; instead they beheld a tall, loose-jointed young man, thin to

gauntness, whose clothes were hanging about him as if upon a rack, and

whose manners were awkward and timid to the point of embarrassment. No

game was he for Cupid's bow, thought these belles of old Yorktown.

"I, expecting an Adonis, lost all desire of becoming agreeable in his

eyes when I beheld his awkward figure, unpolished manners, and total

negligence of person";[491] thus writes Eliza Ambler of the impression

made upon her by the young soldier's disheveled aspect and unimpressive

deportment. But Mary Ambler stuck to her purpose, and when John Marshall

was presented to her, both fell in love at first sight. Thus began a

lifelong romance which, in tenderness, exaltation, and constancy is

unsurpassed in the chronicle of historic affections.

It was no longer alone the veneration for a father that kept the son in

Yorktown. Day followed day, and still the gallant captain tarried. The

unfavorable first judgment gave way to appreciation. He soon became a

favorite at every house in the village.[492] His gift of popularity was

as great, it seems, among women as among men; and at the domestic

fireside as well as in the armed camp. Everybody liked John Marshall.

There was a quality in him that inspired confidence. Those who at first

had been so disappointed in his dress and manners soon forgot both in

his wholesome charm. They found him delightfully companionable.[493]

Here was preëminently a social being, they discovered. He liked people,

and wanted people to like him. He was full of fun and hearty laughter;

and his rare good sense and sheer manliness furnished solid foundation

to his lighter qualities.

[Illustration: PAGE OF A LETTER FROM JOHN MARSHALL TO HIS WIFE

DESCRIBING THEIR COURTSHIP DATED AT WASHINGTON, FEBRUARY 23, 1824

(_Facsimile_)]

So every door in Yorktown was thrown open to Captain John Marshall. But

in Jacquelin Ambler's house was the lodestone which drew him. April had

come and the time of blossoming. On mellow afternoons, or by candlelight

when the sun had set, the young lover spent as much time as the

proprieties would permit with Mary Ambler, telling her of the war, no

doubt; and, as her sister informs us, reading poetry by the hour.[494]

Through it all he made love as hard as he could. He wooed as ardently

and steadily as he had fought.[495]

The young lover fascinated the entire Ambler family. "Under the slouched

hat," testifies Mary Ambler's sister, "there beamed an eye that

penetrated at one glance the inmost recesses of the human character; and

beneath the slovenly garb there dwelt a heart complete with every

virtue. From the moment he loved my sister he became truly a brother to

me.... Our whole family became attached to him, and though there was

then no certainty of his becoming allied to us, we felt a love for him

that can never cease.... There was no circumstance, however trivial, in

which we were concerned, that was not his care."

He would "read to us from the best authors, particularly the Poets, with

so much taste and feeling, and pathos too, as to give me an idea of

their sublimity, which I should never have had an idea of. Thus did he

lose no opportunity of blending improvement with our amusements, and

thereby gave us a taste for books which probably we might never

otherwise have had."[496]

The time had come when John Marshall must acquire a definite station in

civil life. This was especially necessary if he was to take a wife; and

married he would be, he had decided, whenever Mary Ambler should be old

enough and would consent. He followed his parents' wishes[497] and began

his preparation for the bar. He told his sweetheart of his purpose, of

course, and her family "learned [of it] with pleasure."[498] William and

Mary College, "the only public seminary of learning in the State,"[499]

was only twelve miles from Yorktown; and there the young officer

attended the law lectures of George Wythe for perhaps six weeks[500]--a

time so short that, in the opinion of the students, "those who finish

this Study [law] in a few months, either have strong natural parts or

else they know little about it."[501] Recalling a criticism of one of

Marshall's "envious contemporaries" some years later, Mrs. Carrington

says: "Allusion was made to his short stay at William and Mary, and that

he could have gained little there."[502]

It is said also that Marshall took a course in philosophy under

President Madison, then the head of the little college and afterwards

Bishop of Virginia; but this is unlikely, for while the soldier-student

took careful notes of Wythe's lectures, there is not a word in his

notebook[503] concerning any other college activity. The faculty

consisted of five professors.[504] The college was all but deserted at

that time and closed entirely the year after John Marshall's flying

attendance.[505]

Although before the Revolution "the Necessary Expence of each Scholar

_yearly_ ... [was] only 15 £ Currency,"[506] one of Marshall's fellow

students testifies that: "The amazing depreciation of our Currency has

raised the price of Every Article so enormously that I despair'd of my

Father's ability to support me here another year.... Board & entring

under two Professors amounts to 4000^{wt} of Tobacco."[507]

The intercourse of students and faculty was extremely democratic. There

was a "college table" at which the students took their meals. According

to the college laws of that time, beer, toddy, and spirits and water

might be served, if desired.[508] The students were not required to wear

either coats or shoes if the weather was warm.[509]

At a later period the students boarded at private houses in the

town.[510] Jefferson, who, several years before Marshall's short

attendance, was a student at William and Mary, describes the college and

another public building as "rude, mis-shapen piles, which, but that they

have roofs, would be taken for brick-kilns."[511] Chastellux, however,

declares that "the beauty of the edifice is surpassed [only] by the

richness of its library and that still farther, by the distinguished

merit of several of the professors," and he describes the college as "a

noble establishment ... which does honour to Virginia."[512]

The youths attending William and Mary during Marshall's brief sojourn

were disgusted by the indifference of the people of the vicinity toward

the patriot cause. "The want of Men, Money, Provisions, & still more of

Public Virtue & Patriotism is universal--a melancholy Lethargick

disposition pervades all Ranks in this part of the Country, they appear

as if determined to struggle no more, but to 'stand still & see what the

Lord will do for them,'" wrote John Brown in July, 1780.[513]

Mr. Wythe, the professor of law, was the life of the little institution

in this ebbing period of war-time. He established "a Moot Court, held

monthly or oftener ... Mr. Wythe & the other professors sit as Judges.

Our Audience consists of the most respectable of the Citizens, before

whom we plead our Causes, given out by Mr. Wythe Lawyer like I assure

you." The law professor also "form'd us into a Legislative Body,

Consisting of about 40 members." Wythe constituted himself Speaker of

these seedling lawmakers and took "all possible pains to instruct us in

the Rules of Parliament." These nascent Solons of old William and Mary

drew original bills, revised existing laws, debated, amended, and went

through all the performances of a legislative body.[514]

The parent chapter of the Phi Beta Kappa Society had been instituted at

the college; and to this Marshall was immediately elected. "At a meeting

of the Society the 18 of May, 1780, Capt. John Marshall being

recommended as a gentleman who would make a worthy member of this

Society was balloted for & received."[515] This is an important date;

for it fixes with reasonable certainty the time of Marshall's entrance

at William and Mary. He was probably the oldest of all the students; his

army service made him, by far, the most interesting and notable; his

extraordinary social qualities never failed to render him popular. It

is, therefore, certain that he was made a member of Phi Beta Kappa

without much delay. He probably entered college about May 1.[516]

At once we find the new member appointed on the society's debating team.

Two students were selected to "declaim" the question and two to "argue"

it.

"Mr. Cabell & Mr. Peyton Short appointed to declaim the Question whether

any form of government is more favorable to our new virtue than the

Commonwealth.

"Mr. Joseph Cabell and Mr. Marshall to argue the same. An adjournment.

William Short President.

"At a meeting in course Saturday June y^e 3^{rd}, 1780, Mr. President

leaving y^e chair with Mr. Fitzhugh to y^e same. Mr. W^m Cabell

according to order delivered his declamation on y^e question given out.

Mr. Peyton Short, being unprepared, was silent on y^e occasion. Mr.

Marshall, a gentleman not immediately interested, argued y^e

Question."[517]

But it was not debating on which John Marshall was intent, nor any other

college duties. He had hard work, it appears, to keep his mind on the

learned words that fell from the lips of Mr. Wythe; for on the inside

cover and opposite page of the book in which he made notes of Wythe's

law lectures,[518] we find in John Marshall's handwriting the words,

"Miss Maria Ambler"; and again "Miss M. Ambler"; and still again, this

time upside down, "Miss M. Ambler--J. Marshall"; and "John Marshall,

Miss Polly Am."; and "John, Maria"; and "John Marshall, Miss Maria"; and

"Molly Ambler"; and below this once more, "Miss M. Ambler"; on the

corner of the page where the notes of the first lecture are recorded is

again inscribed in large, bold letters the magic word, "Ambler."[519]

Jacquelin Ambler had been made Treasurer of State, and, early in June,

1780, the family removed from Yorktown to Richmond, stopping for a day

or two in Williamsburg. While there "a ball was ... given ... by certain

gentlemen in compliment ... 'to the Misses Amblers.'" Eliza Ambler

describes the incidents of this social event. The affair was "simple and

frugal as to its viands," she writes, "but of the brilliancy of the

company too much cannot be said; it consisted of more Beauty and

Elegance than I had ever witnessed before.... I was transported with

delight." Yet she could not "treat ... the prime mover in this civility

with common good manners.... His more successful friend Marshall, was

devoted to my sister."[520]

This "ball" ended John Marshall's college studies; the lure of Mary

Ambler was greater than that of learning to the none too studious

captain. The abrupt ending[521] of the notes he was making of Mr.

Wythe's lectures, in the midst of the course, otherwise so inexplicable,

was caused by her two days' sojourn in the college town. Forthwith he

followed to Richmond, where, for two weeks he gayly played the part of

the head of the family (acted "Pa," as Marshall quaintly expresses it),

apparently in Jacquelin Ambler's absence.[522]

Although he had scarcely begun his studies at William and Mary; although

his previous instruction by professional teachers was meager and

fragmentary; and although his father could well afford the small expense

of maintaining him at Williamsburg long enough for him to secure at

least a moderate education, John Marshall never returned to

college.[523] No more lectures of Professor Wythe for the young lover.

He would begin his professional career at once and make ready for the

supreme event that filled all his thoughts. So while in Richmond he

secured a license to practice law. Jefferson was then Governor, and it

was he who signed the license to the youth who was to become his

greatest antagonist. Marshall then went to Fauquier County, and there,

on August 28, 1780, was admitted to the bar. "John Marshall, Gent.,

produced a license from his Excellency the Governor to practice law and

took the oaths prescribed by act of Assembly," runs the entry in the

record.[524]

He waited for the recruiting of the new troops he was to command, and

held himself in readiness to take the field, as indeed he rushed to do

without orders when Arnold's invasion came. But the new troops never

were raised and Marshall finally left the service. "I continued in the

army until the year 1781," he tells us, "when, being without a command,

I resigned my commission in the interval between the invasion of

Virginia by Arnold and Phillips."[525]

During this season of inaction he resolved to be inoculated against the

smallpox. This was another effect which falling in love had on the young

soldier; for he could, had he wished, have had this done more than once

while with Washington's army.[526] He would now risk his health no

longer. But the laws of Virginia made the new method of treating

smallpox almost impossible.[527] So away on foot[528] went John Marshall

to Philadelphia to be made proof against this disfiguring malady.

According to Marshall's own account, he covered the ground at an amazing

pace, averaging thirty-five miles a day; but when he arrived, so

disreputable did he appear that the tavern refused to take him in.[529]

Long-bearded and slovenly clothed, with battered hat and uncouth

manners, he gave the unfavorable first impression which the same causes

so often produced throughout his life. This is not to be wondered at,

for, writing twenty years afterward, when Marshall as Chief Justice was

at the height of his career, his sister-in-law testifies that his "total

negligence of person ... often produced a blush on her [Marshall's

wife's] cheek."[530] But he finally secured lodgings, was inoculated,

and, made secure from the attacks of the dreaded scourge, back he fared

to Virginia and Mary Ambler.

And Marshall made love as he made war, with all his might. A very

hurricane of a lover he must have been; for many years afterward he

declared to his wife's sister that "he looked with astonishment at the

present race of lovers, so totally unlike what he had been

himself."[531] In a touching letter to his wife, written almost half a

century later, Marshall thus recalls the incidents of his courtship:--

"I begin with the ball at York, and with the dinner on the fish at your

house the next day: I then retrace my visit to York, our splendid

assembly at the Palace[532] in Williamsburg, my visit to Richmond where

I acted Pa for a fortnight, my return the ensuing fall and the very

welcome reception you gave me on your arrival from Dover, our little

tiffs & makings up, my feelings while Major Dick[533] was courting you,

my trip to the cottage,[534] the lock of hair, my visit again to

Richmond the ensuing fall, and all the thousand indescribable but deeply

affecting instances of your affection or coldness which constituted for

a time the happiness or misery of my life and will always be recollected

with a degree of interest which can never be lost while recollection

remains."[535]

When he left the army in 1781, Marshall, although a member of the bar,

found no legal business to do.[536] He probably alternated between the

Oak Hill plantation in Fauquier County, where his help was sadly needed,

and Richmond, where the supreme attraction drew him. Thus another year

wore on. In this interval John Marshall engaged in politics, as was the

custom of young gentlemen of standing and ambition; and in the fall of

1782 was elected to the House of Delegates from Fauquier County.[537]

This honor was a material help, not only in his career, but in his suit

for the hand of Mary Ambler.

Also, membership in the Legislature required him to be, where his heart

was, in Richmond, and not two months had John Marshall been in the

Capital as a member of Virginia's Legislature when he was married. "In

January [3d] 1783," writes Marshall, "I intermarried with Mary Willis

Ambler, the second daughter of Mr. Jacquelin Ambler, then Treasurer of

Virginia, who was the third son of Mr. Richard Ambler, a gentleman who

had migrated from England, and settled at York Town, in Virginia."[538]

The Ambler abode in Richmond was not a romantic place for the wedding.

The primitive town was so small that when the Ambler family reached it

Eliza exclaimed, "_where_ we are to lay our weary heads Heaven knows!"

And she describes the house her father rented as "a little dwelling" so

small that "our whole family can scarcely stand up altogether in it";

but Jacquelin Ambler took it because, poor as it was, it was "the only

decent tenement on the hill."[539]

The elder Ambler sister thus pictures the Richmond of 1780: "This little

town is made up of Scotch factors who inhabit small tenements scattered

here and there from the river to the hill. Some of them look, as Colonel

[Thomas] Marshall has observed, as if the poor Caledonians had brought

them over on their backs, the weakest of whom being glad enough to stop

at the bottom of the hill, others a little stronger proceeding higher,

whilst a few of the stoutest and the boldest reached the summit."[540]

Eight years after the Amblers moved to Richmond, Jefferson wrote: "The

town below Shockoe creek is so deserted you cannot get a person to live

in a house there rent free."[541]

But Mary's cousin, John Ambler, who, at twenty-one years of age, found

himself "one of the richest men in the State of Virginia,"[542] solved

the difficulty by offering his country seat for the wedding.[543] Mary

Ambler was only seventeen when she became the young lawyer's bride,[544]

and John Marshall was a little more than ten years older. After the

bridegroom had paid the minister his fee, "he had but one solitary

guinea left."[545]

This does not mean that John Marshall was without resources, but it

indicates the scarcity of ready money in Virginia at the close of the

war. Indeed, Marshall's father, while not yet the wealthy man he

afterwards became,[546] had, as we have seen, already acquired very

considerable property. He owned at this time at least two thousand acres

in Fauquier County;[547] and twenty-two negroes, nine of them tithable

(sixteen years old), twelve horses, and twenty-two head of cattle.[548]

When John Marshall married Miss Ambler, his father gave him one negro

and three horses.[549] The following year (1784) the Tithable Book shows

but five tithable negroes, eight young negroes, eight horses, and

eighteen head of cattle in Thomas Marshall's name. He evidently sold his

other slaves and personal property or took them with him to Kentucky. So

it is likely that the slaves, horses, and cattle left behind were given

to his son, together with a part of Thomas Marshall's Fauquier County

farm.[550]

During the Revolution Thomas Marshall was, like most other Continental

officers, in sore need of money. He tried to sell his land to Washington

for cash. Washington was anxious to buy "Lands in my own Neck at

(almost) any price ... in ye way of Barter ... for Negroes ... or ...

for any thing else (except Breeding Mares and Stock)." But he could not

pay money. He estimated, by memory, Thomas Marshall's land at £3000, at

a time when, because of depreciated money and inflated prices, "a Barrl.

of Corn which used to sell for 10/ will now fetch 40--when a Barl. of

Porke that formerly could be had for £3 sells for £15." So Washington

in 1778 thought that "Marshall is not a necessitous man." When it came

to trading, the father of his country was keen and suspicious, and he

feared, it would seem, that his boyhood friend and comrade in arms would

"practice every deception in his power in order to work me ... up to his

price."[551]

Soon after John Marshall met Mary Ambler at the "ball" at Yorktown, and

just before he went to William and Mary College, his father sold this

very land that Washington had refused to purchase. On March 28, 1780,

Thomas Marshall conveyed to Major Thomas Massey [Massie] one thousand

acres in Fauquier County for "thirty thousand pounds Currency."[552]

This was a part of the seventeen hundred acres for which the elder

Marshall had paid "nine hundred and twelve pounds ten shillings" seven

years before.[553] The change shows the startling depreciation of

Virginia currency as well as Continental paper, both of which in 1780

had reached a very low point and were rapidly going down.[554]

[Illustration: _Mary Ambler Marshall_]

It reveals, too, the Marshall family's extreme need of cash, a want

sorely felt by nearly everybody at this period; and the familiar fact

that ownership of land did not mean the ready command of money. The year

after John Marshall's marriage he wrote to James Monroe: "I do not know

what to say to your scheme of selling out. If you can execute it you

will have made a very capital sum, if you can retain your lands you

will be poor during life unless you remove to the western country, but

you have secured for posterity an immense fortune"; and Marshall tells

Monroe that the latter can avail himself of the knowledge of Kentucky

lands possessed by the members of the Marshall family who were on the

ground.[555]

Writing twenty years later of economic conditions during the period now

under review, Marshall says: "Real property was scarcely vendible; and

sales of any article for ready money could be made only at a ruinous

loss.... In every quarter were found those who asserted it to be

impossible for the people to pay their public or private debts."[556]

So, although his father was a very well-to-do man when John Marshall

began married life, he had little or no ready money, and the son could

not expect much immediate paternal assistance. Thomas Marshall had to

look out for the bringing-up of a large number of other children and to

consider their future; and it is this fact which probably induced him to

seek fortune anew in the Kentucky wilderness after he was fifty years of

age. Legend has it that Thomas Marshall made his venture on Washington's

advice. At any rate, he settled, permanently, in Kentucky in the fall of

1783.[557]

The fledgling lawyer evidently expected to start upon a legal career in

the county of his birth; but immediately after marrying Miss Ambler, he

established himself at Richmond, where her family lived, and there began

the practice of the law. While his marriage into the Ambler family was

inspired exclusively by an all-absorbing love, the alliance was a

fortunate one for John Marshall from the practical point of view. It

gave him the support of a powerful State official and one of the

best-liked men in all Virginia. A favor asked by Jacquelin Ambler was

always granted if possible; and his recommendation of any one was final.

The Ambler household soon became the most attractive in Richmond, as it

had been in Yorktown; and Marshall's marriage to Mary Ambler gave him a

social standing which, in the Virginia of that day, was a very great

asset in business and politics.

The house to which he took his bride was a tiny one-story affair of

wood, with only two rooms; the best house the Amblers themselves could

secure, as we have seen, was so small that the "whole family" could

scarcely crowd into it. Three years before John Marshall and his young

wife set up housekeeping, Richmond could "scarce afford one comfort in

life."[558] According to Mrs. Carrington the dwelling-houses had no

curtains for the windows.[559] The streets were open spaces of earth,

unpaved and without sidewalks. Many years after Marshall established

himself at the new and raw Virginia Capital, Main Street was still

unpaved, deep with dust when dry and so muddy during a rainy season that

wagons sank up to the axles. Footways had been laid only at intervals

along the town's chief thoroughfare; and piles of ashes and cinders were

made to serve as street-crossings, from which, if one misstepped on a

dark and rainy night, he found himself deep in the mire. A small stream

flowed diagonally across Main Street, flooding the surface; and the

street itself ended in gullies and swamps.[560] In 1783 the little town

was, of course, still more primitive.

There were no brick or stone buildings in Richmond when Marshall was

married. The Capitol, itself, was an ugly structure--"a mere wooden

barn"--on an unlovely site at the foot of a hill.[561] The private

dwellings, scattered about, were the poor, mean, little wooden houses

already described by Eliza Ambler.

Trade was in the hands of British merchants who managed to retain their

commercial hold in spite of the Revolution.[562] Rough, heavy wagons

drawn by four or six horses brought in the produce of the country, which

included "deer and bear skins, furs, ginseng, snake-root," and even

"dried rattlesnakes ... used to make a viper broth for consumptive

patients."[563] These clumsy vehicles were sometimes a month in covering

less than two hundred miles.[564] Specie was the money chiefly used in

the back country and the frontier tradesmen made remittances to Richmond

by placing a "bag of gold or silver in the centre of a cask of melted

wax or tallow ... or [in a] bale of hemp."[565]

There was but one church building and attendance was scanty and

infrequent.[566] The principal amusement was card-playing, in which

everybody indulged,[567] and drinking was the common practice.[568] The

town sustained but one tavern which was kept by a Neapolitan named

Farmicola. This hostelry had two large rooms downstairs and two above.

The beds were under the roof, packed closely together and unseparated by

partitions. When the Legislature met, the inn was crowded; and

"Generals, Colonels, Captains, Senators, Assembly-men, Judges, Doctors,

Clerks, and crowds of Gentlemen of every weight and calibre and every

hue of dress, sat altogether about the fire, drinking, smoking,

singing, and talking ribaldry."[569]

Such were conditions in the town of Richmond when John Marshall hazarded

his adventure into the legal profession there in 1783. But it was the

seat of the State Government, and the place where the General Court of

Appeals and the High Court of Chancery were located. Yet small, poor,

and mean as was the Virginia Capital of that day, not even Philadelphia,

New York, or Boston could boast of a more brilliant bar.

Randolph and Wickham, Innes and Ronald, Campbell and Call, and others

whose distinction has made the bar of the Old Dominion historic,

practiced at Richmond. And the court around which this extraordinary

constellation gathered was equally eminent. Pendleton, whose intellect

and industry more than supplied early defects in education, was

president of the Court of Appeals; Wythe was one of the judges of the

High Court of Chancery, of which he afterwards became sole chancellor;

Paul Carrington and others of almost equal stature sat with Pendleton on

the Supreme Bench. Later on appeared the erudite, able, and commanding

Roane, who, long afterwards, when Marshall came into his own, was to be

his most formidable antagonist in the clash of courts.

Among such lawyers and before a court of this high quality the young

attorney from the backwoods of Fauquier County began his struggle for a

share of legal business. He had practically no equipment except his

intellect, his integrity, and his gift for inspiring confidence and

friendship. Of learning in the law, he had almost none at all. He had

read Blackstone, although not thoroughly;[570] but the only legal

training that Marshall had received was acquired during his few weeks at

William and Mary College. And in this romantic interval, as we have

seen, he was thinking a good deal more about Mary Ambler than about

preparing himself for his career.

We know exactly to which of Wythe's lectures Marshall had listened; for

he took notes of them. He procured a thick, blank book strongly bound in

calf. In this he wrote in a large, firm hand, at the top of the page,

the topics of lectures which Wythe had announced he would give, leaving

after each headline several pages for notes.[571] Since these notes are

a full record of Marshall's only formal instruction in the law, a

complete list of the subjects, together with the space allotted to each,

is as important as it is interesting.

On the subject of Abatement he wrote three pages; on Accounts, two

pages; on Accord and Satisfaction, one page; Actions in General, one and

a half pages; Actions Local and Transitory, one fourth page; Actions Qui

Tam, one and one fourth pages; Actions on the Case, three and one half

pages; Agreements, three pages; Annuity and Rent Charge, two pages;

Arbitrament and Award, one and one half pages; Assault and Battery, two

thirds of a page; Assignment, one half page; Assumpsit, one and a half

pages; Attachment, one half page; Audita Querela, one fourth page;

Authority, one fourth page; Bail in Civil Causes, one half page; Bail in

Criminal Causes, one and two thirds pages; Bailment, two pages; Bargain

and Sale, one half page; Baron and Feme, four pages; Bastardy, three

quarters page; Bills of Sale, one half page; Bills of Exceptions, one

half page; Burglary, one page; Carriers, one page; Certiorari, one half

page; Commitments, one half page; Condition, five and one half pages;

Coparceners, one and one half pages; Costs, one and one fourth pages;

Covenant, three pages; Curtesy of England, one half page; Damages, one

and one half pages; Debt, one and one half pages; Descent, one and one

half pages; Detinue, one half page; Devises, six and one half pages;

Disseisin, two lines; Distress, one and two thirds pages; Dower, two

pages; Duress, one third page; Ejectment, two and two thirds pages;

Election, two thirds page; Error, two and one third pages; Escape in

Civil Cases, one and one fifth pages; Estates in Fee Simple, three

fourths page; Estate for Life and Occupancy, one and four fifths pages;

Evidence, four pages, two lines; Execution, one and five sixths pages;

Executors and Administrators, eleven pages; Extinguishment, two thirds

page; Extortion, one half page; Felony, three and one sixth pages;

Forcible Entry and Detainer, three fourths page; Forgery, three pages;

Forfeiture, two and four fifths pages; Fraud, three pages, one line;

Grants, three and three fourths pages; Guardian, two and five sixths

pages; Heir and Ancestor, five pages, two lines; Idiots and Lunatics,

three pages; Indictments, four pages, three lines; Infancy and Age, nine

and one half pages; Information, one and one fifth pages; Injunction,

one and two thirds pages; Inns and Innkeepers, two and two thirds pages;

Joint Tenants and Tenants in Common, nine and one sixth pages; Jointure,

three pages.

We find six pages he had reserved for notes on the subject of Juries

left blank, and two blank pages follow the caption, "Justice of the

Peace." But he made seventeen and two thirds pages of notes on the

subjects of Leases and Terms for Years, and twelve and one half pages on

the subject of Legacies. This ended his formal legal studies; for he

made no notes under the remaining lecture subjects.[572]

Not an ideal preparation to attract clients, we must admit, nor to serve

them well when he got them. But slender and elementary as was his store

of learning, his apparel, manners, and habits were even less likely to

bring business to this meagerly equipped young advocate.

Marshall made practically no money as a lawyer during his first year in

Richmond. Most of his slender income seems to have been from his salary

as a member of the Legislature.[573] He enters in his Account Book in

1783 (where it begins) several receipts "by my civil list warrants,"

and several others, "Rec^d. from Treasury." Only four fees are entered

for the whole year--one for three pounds, another for two pounds, eleven

shillings, one for two pounds, ten shillings, and a fourth for two

pounds, eight shillings.

On the contrary, he paid one pound, two shillings, sixpence for "advice

fee given the attorney for opinion on surveyors fees." He bought "one

pair Spectacles" for three shillings and ninepence. His sociable nature

is revealed at the beginning of his career by entries, "won at Whist

24-1-4" and "won at Whist 22/"; and again "At Backgammon 30/-1-10." Also

the reverse entry, "Lost at Whist £3 14/."[574]

The cost of living in Richmond at the close of the Revolution is shown

by numerous entries. Thirty-six bushels of oats cost Marshall three

pounds, ten shillings, sixpence. He paid one pound for "one pair

stockings"; and one pound, eighteen shillings, sixpence for a hat. In

1783 a tailor charged him one pound, eight shillings, sixpence for

"making a Coat." He enters "stockings for P.[olly][575] 6 dollars." A

stove "Dutch Oven" cost fourteen shillings and eightpence; and "150

bushels coal for self 7-10" (seven pounds, ten shillings).

In October of the year of his marriage he paid six shillings for wine

and "For rum £9-15." His entries for household expenditures for these

months give an idea of the housekeeping: "Given Polly 6 dollars

£4-10-6; ... a coffe pot 4/; 1 yd. Gauze 3/6; 2 Sugar boxes £1-7-6;

Candlestick &c. 3/6 1 y^{d}. Linnen for P. 2/6; 2 pieces of bobbin 1/6;

Tea pot 3/; Edging 3/6; Sugar pot 1/6; Milk 1/; Thimble 4/2;

Irons 9/,... Tea 20/."[576]

The entries in Marshall's Account Book for the first year and a half of

his married life are indiscriminately and poorly made, without dates of

receipts and expenditures. Then follows a period up to June, 1785, where

the days of the month are stated. Then come entries without dates; and

later, the dates sometimes are given and sometimes not. Marshall was as

negligent in his bookkeeping as he was in his dress. Entries in the

notebook show on their face his distaste for such details. The Account

Book covers a period of twelve years, from 1783 to 1795.

He was exceedingly miscellaneous in his expenses. On January 14, 1784,

he enters as items of outlay: "Whist 30/" and "Whist 12/," "cow

£3-12-8" and "poker 6/," "To Parson 30/." This date is jammed in,

plainly an afterthought, and no more dates are specified until June 7.

Other characteristic entries at this time are, on one day, "Turkeys 12/

Wood 24/ Whist £18"; and on another day, "Beef 26/8--Backgammon £6." An

important entry, undated, is, "Paid the University in the hands of Mr.

Tazewell for Col^o Marshall as Surveyor of Fayette County 100"

(pounds).[577]

On July 5, 1784, he enters among receipts "to my service in the Assembly

34-4" (pounds and shillings); and among his expenses for June 22 of that

year, he enters "lost at Whist £19" and on the 26th, "Col^o [James]

Monroe & self at the Play 1-10"[578] (one pound, ten shillings). A week

later the theater again cost him twelve shillings; and on the third he

enters an outlay "to one Quarter cask wine 14" (pounds, or about fifty

dollars Virginia currency). On the same day appears a curious entry of

"to the play 13/" and "Pd for Col^o Monroe £16-16." He was lucky at

whist this month, for there are two entries during July, "won at whist

£10"; and again, "won at whist 4-6" (four pounds, six shillings). He

contributes to St. John's Church one pound, eight shillings. During this

month their first child was born to the young couple;[579] and there are

various entries for the immediate expenses of the event amounting to

thirteen pounds, four shillings, and threepence. The child was

christened August 31 and Marshall enters, "To house for christening 12/

do. 2/6."

The Account Book discloses his diversified generosity. Preacher,

horse-race, church, festival, card-game, or "ball" found John Marshall

equally sympathetic in his contributions. He was looking for business

from all classes in exactly the same way that young lawyers of our own

day pursue that object. Also, he was, by nature, extremely sociable and

generous. In Marshall's time the preachers bet on horses and were

pleasant persons at balls. So it was entirely appropriate that the young

Richmond attorney should enter, almost at the same time, "to Mr.

Buchanan 5" (pounds)[580] and "to my subscription for race £4-4";[581]

"Saint Taminy 11 Dollars--3-6"[582] (three pounds, six shillings); and

still again, "paid my subscription to the ball 20/-1"; and later,

"expenses at St. John's [church] 2-3" (pounds and shillings).

Marshall bought several slaves. On July 1, 1784, he enters, "Paid for

Ben 90-4"[583] (ninety pounds, four shillings). And in August of that

year, "paid for two Negroes £30" and "In part for two servants £20."

And in September, "Paid for servants £25," and on November 23, "Kate &

Evan £63." His next purchase of a slave was three years later, when he

enters, May 18, 1787, "Paid for a woman bought in Gloster £55."

Shoeing two horses in 1784 cost Marshall eight shillings; and a hat for

his wife cost three pounds. For a bed-tick he paid two pounds, nine

shillings. We can get some idea of the price of labor by the following

entry: "Pd. Mr. Anderson for plaistering the house £10-2." Since he was

still living in his little rented cottage, this entry would signify that

it cost him a little more than thirty-five dollars, Virginia currency,

to plaster two rooms in Richmond, in 1784. Possibly this might equal

from seven to ten dollars in present-day money. He bought his first

furniture on credit, it appears, for in the second year of his married

life he enters, December "31st P^d. M^r. Mason in part for furniture 10"

(pounds).

At the end of the year, "Pd balance of my rent 43-13" (pounds and

shillings). During 1784, his third year as a lawyer, his fees steadily

increased, most of them being about two pounds, though he received an

occasional fee of from five to nine pounds. His largest single fee

during this year was "From Mr. Stead 1 fee 24" (pounds).

He mixed fun with his business and politics. On February 24, 1784, he

writes to James Monroe that public money due the latter could not be

secured. "The exertions of the Treasurer & of your other friends have

been ineffectual. There is not one shilling in the Treasury & the keeper

of it could not borrow one on the faith of the government." Marshall

confides to Monroe that he himself is "pressed for money," and adds that

Monroe's "old Land Lady Mrs. Shera begins now to be a little

clamorous.... I shall be obliged I apprehend to negotiate your warrants

at last at a discount. I have kept them up this long in hopes of drawing

Money for them from the Treasury."

But despite financial embarrassment and the dull season, Marshall was

full of the gossip of a convivial young man.

"The excessive cold weather," writes Marshall, "has operated like magic

on our youth. They feel the necessity of artificial heat & quite wearied

with lying alone, are all treading the broad road to Matrimony. Little

Steward (could you believe it?) will be married on Thursday to Kitty

Haie & Mr. Dunn will bear off your old acquaintance Miss Shera.

"Tabby Eppes has grown quite fat and buxom, her charms are renovated &

to see her & to love her are now synonimous terms. She has within these

six weeks seen in her train at least a score of Military & Civil

characters. Carrington, Young, Selden, Wright (a merchant), & Foster

Webb have alternately bow'd before her & been discarded.

"Carrington 'tis said has drawn off his forces in order to refresh them

& has march'd up to Cumberland where he will in all human probability be

reinforced with the dignified character of Legislator. Webb has returned

to the charge & the many think from their similitude of manners &

appetites that they were certainly designed for each other.

"The other Tabby is in high spirits over the success of her antique

sister & firmly thinks her time will come next, she looks quite spruce &

speaks of Matrimony as of a good which she yet means to experience.

Lomax is in his county. Smith is said to be electioneering. Nelson has

not yet come to the board. Randolph is here and well.... Farewell, I am

your J. Marshall."[584]

Small as were the comforts of the Richmond of that time, the charm,

gayety, and hospitality of its inhabitants made life delightful. A young

foreigner from Switzerland found it so. Albert Gallatin, who one day was

to be so large a factor in American public life, came to Richmond in

1784, when he was twenty-two years old. He found the hospitality of the

town with "no parallel anywhere within the circle of my travels....

Every one with whom I became acquainted," says Gallatin, "appeared to

take an interest in the young stranger. I was only the interpreter of a

gentleman, the agent of a foreign house that had a large claim for

advances to the State.... Every one encouraged me and was disposed to

promote my success in life.... John Marshall, who, though but a young

lawyer in 1783, was almost at the head of the bar in 1786, offered to

take me in his office without a fee, and assured me that I would become

a distinguished lawyer."[585]

During his second year in Richmond, Marshall's practice showed a

reasonable increase. He did not confine his legal activities to the

Capital, for in February we find thirteen fees aggregating thirty-three

pounds, twelve shillings, "Rec^d. in Fauquier" County. The accounts

during this year were fairly well kept, considering that happy-go-lucky

John Marshall was the bookkeeper. Even the days of the month for

receipts and expenditures are often given. He starts out with active

social and public contributions. On January 18, 1785, he enters, "my

subscription to Assemblies [balls] 4-4" (pounds and shillings), and

"Jan. 29 Annual subscription for Library 1-8" (pound, shillings).

On January 25, 1785, he enters, "laid out in purchasing Certificates

35-4-10." And again, July 4, "Military Certificates pd for self £13-10-2

at 4 for one £3-7-7. Interest for 3 years £2-8 9." A similar entry is

made of purchases made for his father; on the margin is written, "pd

commissioners."

[Illustration: _Richmond in 1800_]

He made his first purchase of books in January, 1785, to the amount of

"£4-12/." He was seized with an uncommon impulse for books this year, it

appears. On February 10 he enters, "laid out in books £9-10-6." He

bought eight shillings' worth of pamphlets in April. On May 5, Marshall

paid "For Mason's Poems" nine shillings. On May 14, "books 17/-8" and

May 19, "book 5/6" and "Blackstones Commentaries[586] 36/," and May

20, "Books 6/." On May 25, there is a curious entry for "Bringing books

in stage 25/." On June 24, he purchased "Blair's Lectures" for one

pound, ten shillings; and on the 2d of August, a "Book case" cost him

six pounds, twelve shillings. Again, on September 8, Marshall's entries

show, "books £1-6," and on October 8, "Kaim's Principles of Equity 1-4"

(one pound, four shillings). Again in the same month he enters, "books

£6-12," and "Spirit of Law" (undoubtedly Montesquieu's essay), twelve

shillings.

But, in general, his book-buying was moderate during these formative

years as a lawyer. While it is difficult to learn exactly what

literature Marshall indulged in, besides novels and poetry, we know that

he had "Dionysius Longinus on the Sublime"; the "Works of Nicholas

Machiavel," in four volumes; "The History and Proceedings of the House

of Lords from the Restoration," in six volumes; the "Life of the Earl of

Clarendon, Lord High Chancellor of England"; the "Works of C.

Churchill--Poems and Sermons on Lord's Prayer"; and the "Letters of Lord

Chesterfield to his son." A curious and entertaining book was a

condensed cyclopædia of law and business entitled "Lex Mercatoria

Rediviva or The Merchant's Directory," on the title-page of which is

written in his early handwriting, "John Marshall Richmond."[587]

Marshall also had an English translation of "The Orations of Æschines

and Demosthenes on the Crown."[588]

Marshall's wine bills were very moderate for those days, although as

heavy as a young lawyer's resources could bear. On January 31, 1785, he

bought fourteen shillings' worth of wine; and two and a half months

later he paid twenty-six pounds and ten shillings "For Wine"; and the

same day, "beer 4d," and the next day, "Gin 30/." On June 14 of the same

year he enters, "punch 2/6," the next day, "punch 3/," and on the next

day, "punch 6/."[589]

Early in this year Marshall's father, now in Kentucky and with opulent

prospects before him, gave his favorite son eight hundred and

twenty-four acres of the best land in Fauquier County.[590] So the

rising Richmond attorney was in comfortable circumstances. He was

becoming a man of substance and property; and this condition was

reflected in his contributions to various Richmond social and religious

enterprises.

He again contributed two pounds to "S^t. Taminy's" on May 9, 1785, and

the same day paid six pounds, six shillings to "My club at

Farmicolas."[591] On May 16 he paid thirty shillings for a "Ball" and

nine shillings for "music"; and May 25 he enters, "Jockie Club 4-4"

(pounds and shillings). On July 5 he spent six shillings more at the

"Club"; and the next month he again enters a contribution to "S^t. Johns

[Episcopal Church] £1-16." He was an enthusiastic Mason, as we shall

see; and on September 13, 1785, he enters, "p^d. Mason's Ball

subscription for 10" (pounds). October 15 he gives eight pounds and four

shillings for an "Episcopal Meeting"; and the next month (November 2,

1785) subscribes eighteen shillings "to a ball." And at the end of the

year (December 23, 1785) he enters his "Subscription to Richmond Assem.

3" (pounds).

Marshall's practice during his third year at the Richmond bar grew

normally. The largest single fee received during this year (1785) was

thirty-five pounds, while another fee of twenty pounds, and still

another of fourteen pounds, mark the nearest approaches to this

high-water mark. He had by now in Richmond two negroes (tithable), two

horses, and twelve head of cattle.[592]

He was elected City Recorder during this year; and it was to the efforts

of Marshall, in promoting a lottery for the purpose, that the Masonic

Hall was built in the ambitious town.[593]

The young lawyer had deepened the affection of his wife's family which

he had won in Yorktown. Two years after his marriage the first husband

of his wife's sister, Eliza, died; and, records the sorrowing young

widow, "my Father ... dispatched ... my darling Brother Marshall to

bring me." Again the bereaved Eliza tells of how she was "conducted by

my good brother Marshall who lost no time" about this errand of comfort

and sympathy.[594]

February 15, 1786, he enters an expense of twelve pounds "for moving my

office" which he had painted in April at a cost of two pounds and

seventeen shillings. This year he contributed to festivities and social

events as usual. In addition to his subscriptions to balls, assemblies,

and clubs, we find that on May 22, 1786, he paid nine shillings for a

"Barbecue," and during the next month, "barbecue 7/" and still again,

"barbecue 6/." On June 15, he "paid for Wine 7-7-6," and on the 26th,

"corporation dinner 2-2-6." In September, 1786, his doctor's bills were

very high. On the 22d of that month he paid nearly forty-five pounds

for the services of three physicians.[595]

Among the books purchased was "Blair's sermons" which cost him one pound

and four shillings.[596] In July he again "P^d. for S^t. Taminy's feast

2" (pounds). The expense of traveling is shown by several entries, such

as, "Expenses up & down to & from Fauquier 4-12" (four pounds, twelve

shillings); and "Expenses going to Gloster &c 5" (pounds); "expenses

going to W^{ms}burg 7" (pounds); and again, "expenses going to and

returning from Winchester 15" (pounds); and still again, "expenses going

to W^{ms}burg 7" (pounds). On November 19, Marshall enters, "For quarter

cask of wine 12-10" (twelve pounds and ten shillings). On this date we

find, "To Barber 18" (shillings)--an entry which is as rare as the

expenses to the theater are frequent.

He appears to have bought a house during this year (1786) and enters on

October 7, 1786, "P^d. Mr. B. Lewis in part for his house £70 cash & 5£

in an order in favor of James Taylor----75"; and November 19, 1786,

"Paid Mr. B. Lewis in part for house 50" (pounds); and in December he

again "P^d. Mr. Lewis in part for house 27-4" (twenty-seven pounds, four

shillings); and (November 19) "P^d. Mr. Lewis 16" (pounds); and on the

28th, "Paid Mr. Lewis in full 26-17-1 1/4."

In 1786, the Legislature elected Edmund Randolph Governor; and, on

November 10, 1786, Randolph advertised that "The General Assembly having

appointed me to an office incompatible with the further pursuit of my

profession, I beg leave to inform my clients that John Marshall Esq.

will succeed to my business in General &c."[597]

At the end of this year, for the first time, Marshall adds up his

receipts and expenditures, as follows: "Received in the Year 1786

according to the foregoing accounts 508-4-10." And on the opposite page

he enters[598]--

To my expenses 432______________________

1 8

---------------------------

433 -- 8

In 1787 Marshall kept his accounts in better fashion. He employed a

housekeeper in April, Mrs. Marshall being unable to attend to domestic

duties; and from February, 1787, until May of the following year he

enters during each month, "Betsy Mumkins 16/." The usual expenditures

were made during this year, and while Marshall neglects to summarize his

income and outlay, his practice was still growing, although slowly. On

December 3, 1787, his second child was born.[599]

In January of 1787 occurred the devastating Richmond fire which

destroyed much of the little city;[600] and on February 7, Marshall

enters among his expenses, "To my subscription to the sufferers by fire

21" (pounds).

Marshall's name first appears in the reports of the cases decided by the

Virginia Court of Appeals in 1786. In May of that year the court handed

down its opinion in Hite _et al. vs._ Fairfax _et al._[601] It involved

not only the lands directly in controversy, but also the validity of the

entire Fairfax title and indirectly that of a great deal of other land

in Virginia. Baker, who appears to have been the principal attorney for

the Fairfax claimants, declared that one of the contentions of the

appellants "would destroy every title in the Commonwealth." The case was

argued for the State by Edmund Randolph, Attorney-General, and by John

Taylor (probably of Caroline). Marshall, supporting Baker, acted as

attorney for "such of the tenants as were citizens of Virginia." The

argument consumed three days, May 3 to 5 inclusive.[602]

Marshall made an elaborate argument, and since it is the first of his

recorded utterances, it is important as showing his quality of mind and

legal methods at that early period of his career. Marshall was a little

more than thirty years old and had been practicing law in Richmond for

about three years.

The most striking features of his argument are his vision and foresight.

It is plain that he was acutely conscious, too, that it was more

important to the settlers who derived their holdings from Lord Fairfax

to have the long-disputed title settled than it was to win as to the

particular lands directly in controversy. Indeed, upon a close study of

the complicated records in the case, it would seem that Joist Hite's

claim could not, by any possibility, have been defeated. For, although

the lands claimed by him, and others after him, clearly were within the

proprietary of Lord Fairfax, yet they had been granted to Hite by the

King in Council, and confirmed by the Crown; Lord Fairfax had agreed

with the Crown to confirm them on his part; he or his agents had

promised Hite that, if the latter would remain on the land with his

settlers, Fairfax would execute the proper conveyances to him, and

Fairfax also made other guarantees to Hite.

But it was just as clear that, outside of the lands immediately in

controversy, Lord Fairfax's title, from a strictly legal point of view,

was beyond dispute except as to the effect of the sequestration

laws.[603] It was assailed, however, through suggestion at least, both

by Attorney-General Randolph and by Mr. Taylor. There was, at this time,

a strong popular movement on foot in Virginia to devise some means for

destroying the whole Fairfax title to the Northern Neck. Indeed, the

reckless royal bounty from which this enormous estate sprang had been

resented bitterly by the Virginia settlers from the very beginning;[604]

the people never admitted the justice and morality of the Fairfax grant.

Also, at this particular period, there was an epidemic of debt

repudiation, evasion of contracts and other obligations, and assailing

of titles.[605]

So, while Baker, the senior Fairfax lawyer, referred but briefly to the

validity of the Fairfax title and devoted practically the whole of his

argument to the lands involved in the case then before the court,

Marshall, on the other hand, made the central question of the validity

of the whole Fairfax title the dominant note of his argument. Thus he

showed, in his first reported legal address, his most striking

characteristic of going directly to the heart of any subject.

Briefly reported as is his argument in Hite vs. Fairfax, the qualities

of far-sightedness and simple reasoning, are almost as plain as in the

work of his riper years:--

"From a bare perusal of the papers in the cause," said Marshall, "I

should never have apprehended that it would be necessary to defend the

title of Lord _Fairfax_ to the Northern Neck. The long and quiet

possession of himself and his predecessors; the acquiescence of the

country; the several grants of the crown, together with the various acts

of assembly recognizing, and in the most explicit terms admitting his

right, seemed to have fixed it on a foundation, not only not to be

shaken, but even not to be attempted to be shaken.

"I had conceived that it was not more certain, that there was such a

tract of country as the Northern Neck, than that Lord _Fairfax_ was the

proprietor of it. And if his title be really unimpeachable, to what

purpose are his predecessors criminated, and the patents they obtained

attacked? What object is to be effected by it? Not, surely, the

destruction of the grant; for gentlemen cannot suppose, that a grant

made by the crown to the ancestor for services rendered, or even for

affection, can be invalidated in the hands of the heir because those

services and affection are forgotten; or because the thing granted has,

from causes which must have been foreseen, become more valuable than

when it was given. And if it could not be invalidated in the hands of

the heir, much less can it be in the hands of a purchaser.

"Lord _Fairfax_ either was, or was not, entitled to the territory; if he

was, then it matters not whether the gentlemen themselves, or any

others, would or would not have made the grant, or may now think proper

to denounce it as a wise, or impolitic, measure; for still the title

must prevail; if he was not entitled, then why was the present bill

filed; or what can the court decree upon it? For if he had no title, he

could convey none, and the court would never have directed him to make

the attempt.

"In short, if the title was not in him, it must have been in the crown;

and, from that quarter, relief must have been sought. The very filing of

the bill, therefore, was an admission of the title, and the appellants,

by prosecuting it, still continue to admit it....

"It [the boundary] is, however, no longer a question; for it has been

decided, and decided by that tribunal which has the power of determining

it. That decision did not create or extend Lord _Fairfax's_ right, but

determined what the right originally was. The bounds of many patents are

doubtful; the extent of many titles uncertain; but when a decision is

once made on them, it removes the doubt, and ascertains what the

original boundaries were. If this be a principle universally

acknowledged, what can destroy its application to the case before the

court?"

The remainder of Marshall's argument concerns the particular dispute

between the parties. This, of course, is technical; but two paragraphs

may be quoted illustrating what, even in the day of Henry and Campbell,

Wickham and Randolph, men called "Marshall's eloquence."

"They dilate," exclaimed Marshall, "upon their hardships as first

settlers; their merit in promoting the population of the country; and

their claims as purchasers without notice. Let each of these be

examined.

"Those who explore and settle new countries are generally bold, hardy,

and adventurous men, whose minds, as well as bodies, are fitted to

encounter danger and fatigue; their object is the acquisition of

property, and they generally succeed.

"None will say that the complainants have failed; and, if their

hardships and danger have any weight in the cause, the defendants shared

in them, and have equal claim to countenance; for they, too, with

humbler views and less extensive prospects, 'have explored, bled for and

settled a, 'till then, uncultivated desert.'"[606]

Hite won in this particular case; but, thanks to Marshall's argument,

the court's decision did not attack the general Fairfax title. So it was

that Marshall's earliest effort at the bar, in a case of any magnitude,

was in defense of the title to that estate of which, a few years later,

he was to become a principal owner.[607] Indeed, both he and his father

were interested even then; for their lands in Fauquier County were

derived from or through Fairfax.

Of Marshall's other arguments at this period, no record exists. We know,

however, from his Account Book, that his business increased steadily;

and, from tradition, that he was coming to be considered the ablest of

the younger members of the distinguished Richmond bar. For his services

in this, his first notable case, Marshall received one hundred and nine

pounds, four shillings, paid by fifty-seven clients. Among those

employing the young attorney was George Washington. In the account of

fees paid him in Hite vs. Fairfax, he enters: "Gen^l G. Washington 1-4"

(pounds and shillings) and "A. Washington 1-4." Marshall's record of

this transaction is headed: "List of fees rec'd from Ten^{ts} Fairfax

Ad^s Hite," referring to the title of the case in the lower court.

An evidence of his growing prosperity is the purchase from Aquella and

Lucy Dayson of two hundred and sixty acres of land in Fauquier County,

for "one hundred and sixty pounds current money of Virginia."[608] This

purchase, added to the land already given him by his father,[609] made

John Marshall, at thirty-one years of age, the owner of nearly one

thousand acres of land in Fauquier.

Marshall's Account Book shows his generosity toward his brothers and

sisters, who remained in Virginia when Thomas Marshall went to Kentucky

to establish himself. There are frequent entries of money advanced to

his brothers, particularly James M., as, "Given my brother James £3-9";

or, "To my brother James £36-18," etc. Marshall's sister Lucy lived in

his house until her marriage to the wealthy John Ambler.[610] The young

lawyer was particularly attentive to the wants of his sister Lucy and

saw to it that she had all the advantages of the Virginia Capital. In

his Account Book we find many entries of expenses in her behalf; as, for

example, "for Lucy £5-8-3"; and again, a few days later, "given

Eliza[611] for Lucy" four pounds, sixteen shillings; and still later,

"for Lucy 10-6" (ten pounds, six shillings); and, "P^d. for Lucy

entering into dancing school 2-2" (two pounds, two shillings).

Throughout Marshall's Account Book the entries that most frequently

occur are for some expense for his wife. There is hardly a page without

the entry, "given Polly" so much, or "for Polly" so much, and the

entries are for liberal amounts. For instance, on January 15, 1785, he

enters, "Sundries for Polly £8-6-8 1/2"; on the 18th, "Given Polly 6/";

on the 25th, "for Polly 11/ 7 1/2"; and on the 29th, "Given Polly for a

hat 36/." And later, "Given Polly 56/" and "Given Polly 2-16" (pounds

and shillings); and "for Polly £3." "For Polly 5-7-5"; "Sundries for

Polly, 12-6" and "Left with Polly 10-4" (pounds and shillings). "Given

Polly £1-8"; "Gloves for Polly 7/6." Such entries are very numerous.

The young wife, who had become an invalid soon after her marriage,

received from her husband a devotion and care which realized poetic

idealism. "His exemplary tenderness to our unfortunate sister is without

parallel," testifies Mrs. Carrington. "With a delicacy of frame and

feeling that baffles all description, she became, early after her

marriage, a prey to an extreme nervous affliction which more or less has

embittered her comfort thro' life; but this only served to increase his

care and tenderness.... He is always and under every circumstance an

enthusiast in love."[612]

Marshall's affection for his wife grew with the years and was nourished

by her increasing infirmities. It is the most marked characteristic of

his entire private life and is the one thing which differentiates him

sharply from most of the eminent men of that heroic but, socially,

free-and-easy period. Indeed, it is in John Marshall's worship of his

delicate and nerve-racked wife that we find the beginnings of that

exaltation of womankind, which his life, as it unrolls, will disclose.

[Illustration: PAGE OF MARSHALL'S ACCOUNT BOOK, MAY, 1787

(_Facsimile_)]

John Marshall's respect, admiration, reverence, for woman became so

notable that it was remarked by all who knew him, and remains to this

day a living tradition in Richmond. It resembled the sentiment of the

age of chivalry. While the touching incidents, glowing testimonials, and

most of the letters that reveal this feature of Marshall's character

occur more vividly after he ascended the bench,[613] the heart of the

man cannot be understood as we go along without noting the circumstance

in his earlier married life.

FOOTNOTES:

[482] Mrs. Carrington to her sister Nancy, 1810; _Atlantic Monthly_,

lxxxiv, 546; and same to same, March, 1809; MS. Thomas Marshall was now

Colonel of the Virginia State Regiment of Artillery and continued as

such until February 26, 1781, when his men were discharged and he became

"a reduced officer." (Memorial of Thomas Marshall, _supra._ See Appendix

IV.) This valuable historical document is the only accurate account of

Thomas Marshall's military services. It disproves the statement

frequently made that he was captured when under Lincoln at Charleston,

South Carolina, May 12, 1780. Not only was he commanding the State

Artillery in Virginia at that time, but on March 28 he executed a deed

in Fauquier County, Virginia, and in June he was assisting the Ambler

family in removing to Richmond. (See _infra._) If a Thomas Marshall was

captured at Charleston, it must have been one of the many others of that

name. There was a South Carolina officer named Thomas Marshall and it is

probably he to whom Heitman refers. Heitman (ed. 1914), 381. For account

of the surrender of Charleston, see McCrady, iii, 507-09.

[483] "Certain it is that another Revolutionary War can never happen to

affect and ruin a family so completely as ours has been!" It "involved

our immediate family in poverty and perplexity of every kind." (Mrs.

Carrington to her sister Nancy; _Atlantic Monthly_, lxxxiv, 545-47.)

[484] _Ib._

[485] Dog Latin and crude pun for "bell in day."

[486] Jefferson to Page and to Fleming, from Dec. 25, 1762, to March 20,

1764; _Works_: Ford, i, 434-52. In these delightful letters Jefferson

tells of his infatuation, sometimes writing "Adnileb" in Greek.

"He is a boy and is indisputably in love in this good year 1763, and he

courts and sighs and tries to capture his pretty little sweetheart, but

like his friend George Washington, fails. The young lady will not be

captured!" (Susan Randolph's account of Jefferson's wooing Rebecca

Burwell; _Green Bag_, viii, 481.)

[487] Tradition says that George Washington met a like fate at the hands

of Edward Ambler, Jacquelin's brother, who won Mary Cary from the young

Virginia soldier. While this legend has been exploded, it serves to

bring to light the personal attractiveness of the Amblers; for Miss Cary

was very beautiful, heiress of a moderate fortune, and much sought

after. It was Mary Cary's sister by whom Washington was captivated.

(Colonel Wilson Miles Cary, in Pecquet du Bellet, i, 24-25.)

[488] Mrs. Carrington to her sister Nancy; _Atlantic Monthly_, lxxxiv,

547. Of the letters which John Marshall wrote home while in the army,

not one has been preserved.

[489] _Ib._

[490] _Ib._

[491] Mrs. Carrington to her sister Nancy; _Atlantic Monthly_, lxxxiv,

547.

[492] _Hist. Mag._, iii, 165. While this article is erroneous as to

dates, it is otherwise accurate.

[493] _Ib._, 167.

[494] Mrs. Carrington to her sister Nancy; _Atlantic Monthly_, lxxxiv,

547.

[495] _Hist. Mag._, iii, 167.

[496] Mrs. Carrington to her sister Nancy; _Atlantic Monthly_, lxxxiv,

547.

[497] _Supra_, chap. II.

[498] Mrs. Carrington to her sister Nancy; _Atlantic Monthly_, lxxxiv,

547.

[499] "Notes on Virginia": Jefferson; _Works_: Ford, iv, 65.

[500] Mrs. Carrington to her sister Nancy; _supra._ William and Mary was

the first American institution of learning to adopt the modern lecture

system. (Tyler; _Williamsburg_, 153.) The lecture method was inaugurated

Dec. 29, 1779 (_ib._, 174-75), only four months before Marshall entered.

[501] John Brown to Wm. Preston, Feb. 15, 1780; _W. and M. C. Q._, ix,

76.

[502] Mrs. Carrington to her sister Nancy; MS.

[503] See _infra._

[504] The Reverend James Madison, Professor of Natural Philosophy and

Mathematics; James McClung, Professor of Anatomy and Medicine; Charles

Bellini, Professor of Modern Languages; George Wythe, Professor of Law;

and Robert Andrews, Professor of Moral and Intellectual Philosophy.

(_History of William and Mary College_, Baltimore, 1870, 70-71.) There

was also a fencing school. (John Brown to Wm. Preston, Feb. 15, 1780;

_W. and M. C. Q._, ix, 76.)

[505] _History of William and Mary College_, Baltimore, 1870, 45.

"Thirty Students and three professors joined the army at the beginning

of the Revolutionary War." (_Ib._, 41.) Cornwallis occupied

Williamsburg, June, 1781, and made the president's house his

headquarters. (Tyler: _Williamsburg_, 168.)

[506] Fithian, 107.

[507] John Brown to Wm. Preston, Jan. 26, 1780; _W. and M. C. Q._, ix,

75. Seventeen years later the total cost to a student for a year at the

college was one hundred and fifty to one hundred and seventy dollars.

(La Rochefoucauld, iii, 49-56.) The annual salary of the professors was

four hundred dollars and that of the president was six hundred dollars.

[508] In Marshall's time the college laws provided that "No liquors

shall be furnished or used at [the college students'] table except beer,

cider, toddy or spirits and water." (_History of William and Mary

College_ (Baltimore, 1870), 44; and see Fithian, Feb. 12, 1774, 106-07.)

Twelve years after Marshall took his hasty law course at William and

Mary College, a college law was published prohibiting "the drinking of

spirituous liquors (except in that moderation which becomes the prudent

and industrious student)." (_History of William and Mary College_, 44.)

In 1769 the Board of Visitors formally resolved that for professors to

marry was "contrary to the principles on which the College was founded,

and their duty as Professors"; and that if any professor took a wife

"his Professorship be immediately vacated." (Resolution of Visitors,

Sept. 1, 1769; _ib._, 45.) This law was disregarded; for, at the time

when Marshall attended William and Mary, four out of the five professors

were married men.

The college laws on drinking were merely a reflection of the customs of

that period. (See chaps. VII and VIII.) This historic institution of

learning turned out some of the ablest and best-educated men of the

whole country. Wythe, Bland, Peyton and Edmund Randolph, Taylor of

Caroline, Nicholas, Pendleton, Madison, and Jefferson are a few of the

William and Mary's remarkable products. Every one of the most

distinguished families of Virginia is found among her alumni. (See

Catalogue of Alumni, _History of William and Mary College_, 73-147. An

error in this list puts John Marshall in the class of 1775 instead of

that of 1780; also, he did not graduate.)

[509] _Infra_, chap. VII.

[510] La Rochefoucauld, iii, 49; and see Schoepf, ii, 79-80.

William Wirt, writing twenty-three years after Marshall's short

attendance, thus describes the college: "They [Virginians] have only one

publick seminary of learning.... This college ... in the niggardly

spirit of parsimony which they dignify with the name of economy, these

democrats have endowed with a few despicable fragments of surveyors'

fees &c. thus converting their national academy into a mere _lazaretto_

and feeding its ... highly respectable professors, like a band of

beggars, on the scraps and crumbs that fall from the financial table.

And, then, instead of aiding and energizing the police of the college,

by a few civil regulations, they permit their youth to run riot in all

the wildness of dissipation." (Wirt: _The British Spy_, 131, 132.)

[511] "Notes on Virginia": Jefferson; _Works_: Ford, iv, 69.

[512] Chastellux, 299. It is difficult to reconcile Jefferson's

description of the college building with that of the French traveler.

Possibly the latter was influenced by the French professor, Bellini.

[513] John Brown to Col. Wm. Preston, July 6, 1780: _W. and M. C. Q._,

ix, 80.

[514] John Brown to Col. Wm. Preston, July 6, 1780; _W. and M. C. Q._,

ix, 80.

[515] Records, Phi Beta Kappa Society of William and Mary College,

printed in _W. and M. C. Q._, iv, 236.

[516] Dr. Lyon G. Tyler, now President of William and Mary College,

thinks that this date is approximately correct.

[517] Records, Phi Beta Kappa Society of William and Mary College;

printed in, _W. and M. C. Q._, iv, 236.

[518] See _infra._

[519] Marshall's Notebook; MS. See _infra._

[520] Betsy Ambler to Mildred Smith, 1780; _Atlantic Monthly_, lxxxiv,

536.

[521] See _infra._

[522] Marshall to his wife, _infra._

[523] Marshall could have had at least one year at William and Mary, for

the college did not close until June, 1781. Also he could have continued

to attend for several weeks after he left in June, 1780; for student

John Brown's letters show that the college was still open on July 20 of

that year.

[524] County Court Minutes of Fauquier County, Virginia, 1773-80, 473.

[525] _Autobiography._

[526] Marshall, with other officers, did go to Philadelphia in January

or February of 1777 to be inoculated for smallpox (Marshall to Colonel

Stark, June 12, 1832, supporting latter's pension claim; MSS. Rev. War,

S. F. no. 7592, Pension Bureau); but evidently he was not treated or the

treatment was not effective.

[527] First, the written permission to be inoculated had to be secured

from all the justices of the county; next, all the neighbors for two

miles around must consent--if only one of them refused, the treatment

could not be given. Any physician was fined ten thousand dollars, if he

inoculated without these restrictions. (Hening, ix, 371.) If any one was

stricken with smallpox, he was carried to a remote cabin in the woods

where a doctor occasionally called upon him. (La Rochefoucauld, iii,

79-80; also De Warville, 433.)

[528] Horses were very scarce in Virginia at this time. It was almost

impossible to get them even for military service.

[529] _Southern Literary Messenger_ (quoting from a statement by

Marshall), ii, 183.

[530] Mrs. Carrington to her sister Nancy; _Atlantic Monthly_, lxxxiv,

547.

[531] _Ib._, 548. A story handed down through generations of lawyers

confirms Mrs. Carrington. "I would have had my wife if I had had to

climb Alleghanys of skulls and swim Atlantics of blood" the legend makes

Marshall say in one of his convivial outbursts. (The late Senator Joseph

E. McDonald to the author.)

[532] "The Palace" was a public building "not handsome without but ...

spacious and commodious within and prettily situated." ("Notes on

Virginia": Jefferson; _Works_: Ford, iv, 69.)

[533] Richard Anderson, the father of the defender of Fort Sumter.

(Terhune: _Colonial Homesteads_, 97.)

[534] A country place of Edward Ambler's family in Hanover County. (See

Pecquet du Bellet, i, 35.) Edward Ambler was now dead. His wife lived at

"The Cottage" from the outbreak of the war until her death in 1781.

(_Ib._, 26; and Mrs. Carrington to Mrs. Dudley, Oct. 10, 1796; MS.)

[535] Marshall to his wife, Feb. 23, 1826; MS.

[536] Most of the courts were closed because of the British invasion.

(Flanders, ii, 301.)

[537] _Infra_, chap. VI.

[538] _Autobiography._

[539] Betsy Ambler to Mildred Smith, 1780; _Atlantic Monthly_, lxxxiv,

537.

[540] Betsy Ambler to Mildred Smith, 1780; _Atlantic Monthly_, lxxxiv,

537.

[541] Jefferson to Short, Dec. 14, 1788; _Works_: Ford, vi, 24. Twelve

years after Marshall's marriage, there were but seven hundred houses in

Richmond. (Weld, i, 188.)

[542] Pecquet du Bellet, i, 35-37. He was very rich. (See inventory of

John Ambler's holdings, _ib._) This opulent John Ambler married John

Marshall's sister Lucy in 1792 (_ib._, 40-41); a circumstance of some

interest when we come to trace Marshall's views as influenced by his

connections and sympathies.

[543] Mrs. Carrington to her sister Nancy; _Atlantic Monthly_, lxxxiv,

548.

[544] She was born March 18, 1766, and married January 3, 1783. (Paxton,

37.) Marshall's mother was married at the same age.

[545] Mrs. Carrington to her sister Nancy; _Atlantic Monthly_, lxxxiv,

548.

[546] Thomas Marshall's will shows that he owned, when he died, several

years later, an immense quantity of land.

[547] _Supra_, chap. II.

[548] Fauquier County Tithable Book, 1783-84; MS., Va. St. Lib.

[549] _Ib._

[550] See _infra._

[551] Washington to Lund Washington, Aug. 15, 1778; _Writings_: Ford,

vii, 151-52.

[552] Records of Fauquier County (Va.), Deed Book, vii, 533.

[553] _Supra_, chap. II.

[554] See _infra_, chap. VIII.

[555] Marshall to Monroe, Dec. 28, 1784; Monroe MSS., vii, 832; Lib.

Cong.

[556] Marshall, ii, 104.

[557] Marshall to Monroe, Dec. 12, 1783; Draper Collection, Wis. Hist.

Soc. Thomas Marshall first went to Kentucky in 1780 by special

permission of the Governor of Virginia and while he was still Colonel of

the State Artillery Regiment. (Humphrey Marshall, i, 104, 120.) During

his absence his regiment apparently became somewhat demoralized. (Thomas

Marshall to Colonel George Muter, Feb. 1781; MS. Archives, Va. St. Lib.

and partly printed in _Cal. Va. St. Prs._, i, 549.) Upon his return to

Virginia, he was appointed Surveyor of a part of Kentucky, November 1,

1780. (Collins: _History of Kentucky_, i, 20.) The following year he was

appointed on the commission "to examine and settle the Public Accts in

the Western Country" and expected to go to Kentucky before the close of

the year, but did not, because his military certificates were not given

him in time. (Thomas Marshall to Governor Harrison, March 17, 1781;

_Cal. Va. St. Prs._, i, 578; and to Lieutenant-Governor Jameson, Oct.

14, 1781; _ib._, 549.) He opened his surveyor's office in Kentucky in

November, 1782. (Butler: _History of Kentucky_, 138.) In 1783 he

returned to Virginia to take his family to their new home, where he

remained until his death in 1802. (Paxton, 19.) Thomas Marshall was

immediately recognized as one of the leading men in this western

Virginia district, and was elected to the Legislature and became

"Surveyor [Collector] of Revenue for the District of Ohio." (See

_infra_, chaps, III and V.)

[558] Betsy Ambler to Mildred Smith; _Atlantic Monthly_, lxxxiv, 537.

[559] Mrs. Carrington to Mildred Smith, Jan. 10, 1786; MS.

[560] Mordecai, 45-47.

[561] _Ib._, 40.

[562] Mordecai, chap. ii.

[563] _Ib._, 51-52. This was more than twenty years after Marshall and

his young wife started housekeeping in Richmond.

[564] _Ib._, 53.

[565] _Ib._

[566] Meade, i, 140; Schoepf, ii, 62.

[567] Mordecai, chap, xxi; Schoepf, ii, 63 _et seq._

[568] See _supra_, chaps. I and VII.

[569] Schoepf, ii, 64. Marshall frequented this place and belonged to a

club which met there. (See entries from Marshall's Account Book,

_infra._)

[570] _Supra_, chap. II.

[571] This invaluable Marshall source is not a law student's commonplace

book alphabetically arranged, but merely a large volume of blank leaves.

It is six inches wide by eight in length and more than one in thickness.

The book also contains Marshall's accounts for twelve years after his

marriage. All reference hereafter to his receipts and expenses are from

this source.

[572] The notes are not only of lectures actually delivered by Wythe,

but of Marshall's reading on topics assigned for study. It is probable

that many of these notes were made after Marshall left college.

[573] See _infra_, chap. VI.

[574] Such entries as these denote only Marshall's social and friendly

spirit. At that period and for many years afterward card-playing for

money was universal in Virginia (La Rochefoucauld, iii, 77; and

Mordecai, ed. 1856, chap. xxi), particularly at Richmond, where the

women enjoyed this pastime quite as much as the men. (_Ib._) This,

indeed, was the case everywhere among women of the best society who

habitually played cards for money. (Also see Chastellux, 333-34.)

[575] Marshall's wife.

[576] The references are to pounds, shillings, and pence. Thus "3 14/"

means three pounds and fourteen shillings. "30-5-10" means thirty

pounds, five shillings, and tenpence; or "3/6" means three shillings,

sixpence. Where the Account Book indicates the amount without the signs

of denomination, I have stated the amount indicated by the relative

positions of the figures in the Account Book. Computation should be by

Virginia currency (which was then about three and one half dollars to

the Virginia pound) and not by the English pound sterling. This is not

very helpful, however, because there is no standard of comparison

between the Virginia dollar of that period and the United States dollar

of to-day. It is certain only that the latter has greater purchasing

power than the former. All paper money had greatly depreciated at the

time, however.

[577] The "University" was William and Mary College, then partly

supported by a portion of the fees of official surveyors. Thomas

Marshall was now Surveyor of Fayette County, Kentucky. (See _supra._)

This entry occurs several times.

[578] Such entries are frequent throughout his Account Book. During his

entire life, Marshall was very fond of the theater. (See _infra_, II,

chap, V; also vol. III of this work.)

[579] Thomas Marshall, born July 21, 1784. (Paxton, 90.)

[580] Buchanan was the Episcopal clergyman in Richmond at the time.

(Meade, i, 29, 140.)

[581] The races at Richmond, held bi-annually, were the great social

events of Virginia. (Mordecai, 178 _et seq._)

[582] This fixes the equivalent in State dollars for Virginia pounds and

shillings.

[583] He already owned one tithable negro in Fauquier County in 1783.

(Fauquier County Tithable Book, 1783-84; MS., Va. St. Lib. See _supra._)

[584] Marshall to Monroe, Feb. 24, 1784; MS., N.Y. Pub. Lib. Compare

with Jefferson's sentimental letters at the same age. Very few of

Marshall's letters during this period are extant. This one to Monroe is

conspicuously noticeable for unrestraint and joyousness. As unreserved

as he always was in verbal conversation, Marshall's correspondence soon

began to show great caution, unlike that of Jefferson, which increased,

with time, in spontaneity. Thus Marshall's letters became more guarded

and less engaging; while Jefferson's pen used ever more highly colored

ink and progressively wrote more entertaining if less trustworthy

matter.

[585] Gallatin to Maxwell, Feb. 15, 1848; Gallatin's _Writings_: Adams,

ii, 659. Also see Mordecai, 94-95.

[586] His father must have kept, for the time being, the Blackstone

purchased in 1772, although the volume later turned up in Marshall's

possession.

[587] This book, with the others named, bears the signature of Marshall

at this period of his life. They are the only books in existence which

certainly were bought by Marshall at that time, all other volumes he is

positively known to have had in his library being published at a later

date. All except one of those named, with others hereafter mentioned,

are in the possession of Judge J. K. M. Norton, Alexandria, Virginia.

The _Lex Mercatoria_ is, of course, in English. It is a large book

containing seven hundred seventy-five pages, seven by eight inches,

firmly bound in calf. It is "compiled from many standard authorities."

While it is an encyclopædia of law and business containing items such as

a comparison of the values of money of all lands, it is very readable

and entertaining. It is just the kind of book from which Marshall could

have derived information without being wearied by research. John Adams

also had a copy of Malynes's _Lex Mercatoria_, which seems to have been

a common possession of commercial lawyers throughout the country.

[588] This book is now in the possession of Hon. William Marshall

Bullitt, of Louisville, Kentucky.

[589] The numerous entries of this kind occurring throughout Marshall's

Account Book must not be misunderstood. At that time and for many

decades afterward, the habitual use of whiskey, wine, rum, brandy, etc.,

was the universal custom. They were bought in quantities and consumed

much as ordinary table waters now are. The common people, especially

those in the South, distilled their own stimulants. The people of New

England relied on the great distilleries of Boston and vicinity for rum,

of which they consumed enormous quantities. (See _infra_, chap. VII;

also chap. II, vol. II, of this work.)

[590] Records of Fauquier County (Va.), Deed Book, viii, 241, March 16,

1785.

[591] The tavern kept by Farmicola, where Marshall's club met. (See

_supra._)

[592] Henrico County Tithable Book; Va. St. Lib. He had, of course,

other slaves, horses, and cattle on his Fauquier County plantation.

[593] Christian, 28.

[594] Eliza Ambler to Mildred Smith, July 10, 1785; MS.; also printed in

_Atlantic Monthly_, lxxxiv, 540-41.

[595] Drs. McClurg, Foushee, and Mackie.

[596] This book was purchased for his wife, who was extremely religious.

The volume is in the possession of Judge J. K. M. Norton, Alexandria,

Virginia. On the fly-leaf appears, "Mrs. Mary W. Marshall," in

Marshall's handwriting. The book was also useful to Marshall for his own

study of rhetoric, since Blair's sermons stood very high, at this time,

as examples of style.

[597] Christian, 29, 30.

[598] This unbusinesslike balancing is characteristic of Marshall.

[599] Jacquelin Ambler Marshall, Dec. 3, 1787. (Paxton, 99.)

[600] _Ib._

[601] Call, i, 42.

[602] Records of the Court of Appeals.

[603] The estate had been sequestered during the Revolution.

[604] Wertenbaker: _V. U. S._, 123-26. For history of these grants, see

chap. IV, vol. II, of this work.

[605] See _infra_, chap. VI.

[606] Call, iv, 69-72.

[607] _Infra_, vol. II, chap. IV.

[608] Records Fauquier County (Va.), Deed Book, X, 29.

[609] See _supra._

[610] See _supra_, 166, footnote 3.

[611] Mrs. Carrington.

[612] Mrs. Carrington to her sister Nancy; MS. The mother and sister of

Mrs. Marshall were similarly afflicted. Mrs. Carrington frequently

mentions this fact in her correspondence.

[613] See vol. III of this work.

The Life of John Marshall, Volume 1: Frontiersman, soldier, lawmaker, 1755-1788 · 第 5 / 12 章