The Life of John Marshall Volume II Part 23

(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's _Recherches sur les etats-Unis_, published in this year (1788) in four volumes.

[461] Marshall himself could not read French at this time. (See _infra_, 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 a.s.sociation for the Preservation of Virginia Antiquities, which now owns and occupies it.

[467] Mordecai, 63-70; and _ib._, 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. (See _infra_, chaps. VI to VIII.)

[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] See _infra_, 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. (See _infra_, 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 Was.h.i.+ngton to his niece, in which he gives extensive advice on the subject of love and marriage.

(Was.h.i.+ngton 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] _Proceedings_ of 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] See _infra_, chap. X.

[484] See vol. I, chap. V, of this work.

[485] Gilmer, 23-24.

[486] Gustavus Schmidt, in _Louisiana Law Journal_ (1841), 81-82.

[487] For a list of cases argued by Marshall and reported in Call and Was.h.i.+ngton, with t.i.tle of case, date, volume, and page, see Appendix I.

[488] A good ill.u.s.tration of a brilliant display of legal learning by a.s.sociate and opposing counsel, and Marshall's distaste for authorities when he could do without them, is the curious and interesting case of Coleman _vs._ d.i.c.k and Pat, decided in 1793, and reported in 1 Was.h.i.+ngton, 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 Stevens _vs._ Taliaferro, Adm'r, 1 Was.h.i.+ngton, 155, Spring Term, 1793.

[490] Johnson _vs._ Bourn, 1 Was.h.i.+ngton, 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. III of this work.

[496] Const.i.tution of the United States, article vi.

[497] _Ib._, article iii, section 2.

[498] The Fairfax deal; see _infra_, 203 _et 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 Cus.h.i.+ng, 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] See _infra_, chap. XI.