MARSHALL, Thomas, planter, b. in Virginiaabout 1655; d. in Westmoreland county, Va., in1704. His father, John, a captain of cavalry in theservice of Charles I., emigrated to Virginia about1650. He owned a large plantation in Virginia, andwas the head of the Marshall family of Virginia andKentucky. — His grandson, Thomas, b. inWashington parish, Westmoreland co., Va., 2 April,1730; d. in Mason county, Ky., 22 June, 1802, wasthe son of “John of the Forest,” so called from theestate that he owned, was educated in Rev. ArchibaldCampbell's school, and subsequently assistedWashington in his surveying excursions for LordFairfax and others, for which he received severalthousand acres of land in West Virginia. He was alieutenant of Virginians in the French and Indianwar, and participated in the expedition of Gen.Braddock against Fort Duquesne, but, having beendetailed as one of the garrison at Fort Necessity,was not at the defeat. In 1753 he accepted theagency of Lord Fairfax to superintend a portion ofhis estate in the “Northern neck,” and in 1754married Mary Randolph, daughter of Rev. JamesKeith, an Episcopal clergyman of Fauquier. In1765 he removed to Goose Creek, and in 1773purchased “The Oaks” or “Oak Hill” in Leeds parishin the northern part of Fauquier county. In 1767he was high sheriff of Fauquier county, and he wasfrequently a member of the house of burgesses. Hecondemned and pledged resistance to the encroachmentsof the crown, and was a member of theVirginia convention that declared her independence.In 1775, on the summons of Patrick Henry, herecruited a battalion and became major of a regimentknown as the “Culpepper minute-men.” He afterwardbecame colonel of the 3d Virginia regiment.At the battle of Brandywine his command wasplaced in a wood on the right, and, though attackedby greatly superior numbers, maintained its positionwithout losing an inch of ground until itsammunition was nearly expended and more thanhalf its officers and one third of the soldiers werekilled or wounded. The safety of the patriot army on this occasion was largely due to the goodconduct of Col. Marshall and his command. Thehouse of burgesses voted him a sword. AtGermantown his regiment covered the retreat of thepatriot army. He was with Washington at ValleyForge. He was afterward ordered to the south,and was surrendered by Gen. Lincoln at Charlestonin 1780. When paroled he took advantage ofthe circ*mstance to make his first visit to Kentuckyon horseback over the mountains, and then locatedthe lands on which he subsequently lived in Woodford.Having been exchanged, he resumed hiscommand and held it until the close of the war.In 1781 he was for a time in command at York.He was appointed surveyor-general of the lands inKentucky in 1783, in that year established hisoffice in Lexington, and removed his family toKentucky in 1785. In 1787 and 1788 he representedFayette county in the Virginia assembly. Inthe latter year he was also a delegate to theconvention in Danville to consider the separation ofKentucky from Virginia. He was appointed byWashington collector of revenue for Kentucky.He and all his family were Federalists. —
The secondThomas's eldest son, John, jurist, b. inGermantown, Fauquier co., Va., 24 Sept., 1755; d. inPhiladelphia, Pa., 6 July, 1835, received from childhooda thorough course of domestic educationin English literature,and when he wassufficiently advancedhis father procuredthe services of aprivate teacher, Rev.James Thompson, anEpiscopal clergymanfrom Scotland, whowas afterward ministerof Leeds parish.At fourteen years ofa*ge John was sent toWestmoreland county,and placed at theschool where hisfather and Washingtonhad been pupils.James Monroe wasone of hisfellow-students. After remaining there for a year hereturned to Oak Hill and continued his classicalstudies under the direction of Mr. Thompson, buthe never had the benefit of a college education.He began the study of law at the age of eighteen,and used Blackstone's “Commentaries,” thenrecently published, but he had hardly begun his legalstudies when the controversy with the mothercountry came to a crisis. The tea bill, the Bostonport bill, the congress of 1774, followed one anotherin quick succession, and every question at issuewas thoroughly discussed at Oak Hill just at theperiod of young Marshall's life to make the mostindelible impression upon his intellectual andmoral character. Military preparations were notneglected. John Marshall joined an independentbody of volunteers and devoted himself with muchzeal to the training of a company of militia in hisneighborhood. Among the first to take the fieldwas Thomas Marshall. A regiment of minutemenwas raised in the summer of 1775 in Culpeper,Orange, and Fauquier counties, of which he wasappointed major, and his son John a lieutenant.On their green hunting-shirts they bore the motto“Liberty or death!” and on their banner was theemblem of a coiled rattlesnake, with the inscription“Don't tread on me!” They were armedwith rifles, knives, and tomahawks. They had anengagement with Gov. Dunmore's forces at GreatBridge on 9 Dec., in which Lieut. Marshall showedcoolness and skill in handling his men. After this,in 1776, the father and son were in separateorganizations. Thomas Marshall was appointed colonelin the 3d Virginia infantry of the Continental line,and John's company was reorganized and attachedto the 11th regiment of Virginia troops, which wassent to join Washington's army in New Jersey.Both were in most of the principal battles of thewar until the end of 1779. John was promoted to acaptaincy in May, 1779. His company distinguisheditself at the battle of the Brandywine. He wasengaged in the pursuit of the British and thesubsequent retreat at Germantown, was with the army inwinter-quarters at Valley Forge, and took part inthe actions at Monmouth, Stony Point, and PaulusHook. His marked good sense and discretion andhis general popularity often led to his being selectedto settle disputes between his brother officers, andhe was frequently employed to act as deputyjudge-advocate. This brought him into extensiveacquaintance with the officers, and into personalintercourse with Gen. Washington and Col.Alexander Hamilton, an acquaintance that subsequentlyripened into sincere regard and attachment. Theterm of enlistment of his regiment having expired,Capt. Marshall, with other supernumerary officers,was ordered to Virginia to take charge of any newtroops that might be raised by the state, and whilehe was detained in Richmond during the winter of1779-'80, awaiting the action of the legislature, heavailed himself of the opportunity to attend thelaw lectures of George Wythe, of William andMary college, and those of Prof. (afterward Bishop)Madison on natural philosophy. In the summerof 1780 Marshall received a license to practise law,but, on the invasion of Virginia by Gen. AlexanderLeslie in October, he joined the army again underBaron Steuben, and remained in the service untilArnold, after his raid on James river, had retiredto Portsmouth. This was in January, 1781. Hethen resigned his commission, and studied law.
He had spent nearly six years in arduous militaryservice, exposed to the dangers, enduring thehardships, and partaking the anxieties of that tryingperiod. The discipline of those six years couldnot have failed to strengthen the manliness of hischaracter and greatly enlarge his knowledge of thechief men, or those who became such, from everypart of the country, and of their social and politicalprinciples. Though it was a rough and severeschool, it was instructive, and produced a maturityand self-dependence that could not have beenacquired by a much longer experience underdifferent circ*mstances. As soon as the courts werere-opened young Marshall began practice, andquickly rose to high distinction at the bar. In thespring of 1782 he was elected to the house ofburgesses, and in the autumn a member of the stateexecutive council. On 3 Jan., 1783, he marriedMary Willis Ambler, daughter of the state treasurer,with whom he lived for nearly fifty years, andabout the same time he took up his permanentresidence in Richmond. In the spring of 1784 heresigned his seat at the council board in order todevote himself more exclusively to his profession,but he was immediately returned to the legislatureby Fauquier county, though he retained only anominal residence there. In 1787 he was electedto represent Henrico, which includes the city ofRichmond. He was a decided advocate of thenew U. S. constitution, and in 1788 was elected tothe state convention that was called to consider
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its ratification. His own constituents were
opposed to its provisions, but chose him in spite ofhis refusal to pledge himself to vote against itsadoption. In this body he spoke only on importantquestions, such as the direct power of taxation, thecontrol of the militia, and the judicial power themost important features of the proposed government,the absence of which in the Confederationwas the principal cause of its failure. On theseoccasions he generally answered Patrick Henry,the most powerful opponent of the constitution,and he spoke with such force of argument andbreadth of views as greatly to affect the finalresult, which was a majority in favor of ratification.The acceptance of the constitution by Virginia wasentirely due to the arguments of Marshall andJames Madison in the convention which recordedeighty-nine votes for its adoption against seventy-ninecontrary voices. When the constitution wentinto effect, Marshall acted with the party thatdesired to give it fair scope and to see it fully carriedout. His great powers were frequently called intorequisition in support of the Federal cause, and indefence of the measures of Washington'sadministration. His practice, in the mean time, becameextended and lucrative. He was employed innearly every important cause that came up in thestate and United States courts in Virginia. Inaddition to these labors, he served in the legislaturefor the two terms that followed the ratificationof the constitution, contemporary with thesittings of the first congress under it, when thoseimportant measures were adopted by which thegovernment was organized and its system of financewas established, all of which were earnestlydiscussed in the house of burgesses. He also servedin the legislatures of 1795 and 1796, when thecontroversies that arose upon Jay's treaty and theFrench revolution were exciting the country. Atthis post he was the constant and powerfuladvocate of Washington's administration and themeasures of the government. The treaty wasassailed as unconstitutionally interfering with thepower of congress to regulate commerce; butMarshall, in a speech of remarkable power,demonstrated the utter fallacy of this argument, and itwas finally abandoned by the opponents of thetreaty, who carried a resolution simply declaringthe treaty to be inexpedient.
In August, 1795, Washington offered him theplace of attorney-general, which had been madevacant by the death of William Bradford, but hefelt obliged to decline it. In February, 1796, heattended the supreme court at Philadelphia toargue the great case of the British debts, Warevs. Hylton, and while he was there received unusualattention from the leaders of the Federalist partyin congress. He was now, at forty-one years ofa*ge, undoubtedly at the head of the Virginia bar;and in the branches of international and publiclaw, which, from the character of his cases and hisown inclination, he had profoundly studied, heprobably had no superior, if he had an equal, inthe country. In the summer of 1796 Washingtontendered him the place of envoy to France tosucceed James Monroe, but he declined it, andGen. Charles C. Pinckney was appointed. As theFrench Directory refused to receive Mr. Pinckney,and ordered him to leave the country, no otherrepresentative was sent to France until JohnAdams became president. In June, 1797, Mr.Adams appointed Messrs. Pinckney, Marshall, andElbridge Gerry as joint envoys. Marshall'sappointment was received with great demonstrationsof satisfaction at Richmond, and on setting outfor Philadelphia he was escorted several miles outof the city by a body of light horse, and hisdeparture was signalized by the discharge of cannon.The new envoys were as unsuccessful in establishingdiplomatic relations with the French republicas Gen. Pinckney had been. They arrived atParis in October, 1797, and communicated withTalleyrand, the minister for foreign affairs, butwere cajoled and trifled with. Secret agents ofthe minister approached them with a demand formoney — 50,000 pounds sterling for private account,and a loan to the government. Repelling theseshameful suggestions with indignation, the envoyssent Talleyrand an elaborate paper, prepared byMarshall, which set forth with great precision andforce of argument the views and requirements ofthe United States, and their earnest desire formaintaining friendly relations with France. Butit availed nothing. Pinckney and Marshall, whowere Federalists, were ordered to leave the territoriesof the republic, while Gerry, as a Republican,was allowed to remain. The news of these eventswas received in this country with the deepestindignation. “History will scarcely furnish theexample of a nation, not absolutely degraded, whichhas experienced from a foreign power such opencontumely and undisguised insult as were on thisoccasion suffered by the United States, in thepersons of their ministers,” wrote Marshall afterwardin his “Life of Washington.”
Marshall returned to the United States in June,1798, and was everywhere received withdemonstrations of the highest respect and approval. At apublic dinner given to him in Philadelphia, one ofthe toasts was “Millions for defence; not a cent fortribute,” which sentiment was echoed and re-echoedthroughout the country. Patrick Henry wrote toa friend: “Tell Marshall I love him because hefelt and acted as a republican, as an American.”In August Mr. Adams offered him a seat on thesupreme bench, which had been made vacant bythe death of Judge James Wilson, but he declinedit, and his friend, Bushrod Washington, wasappointed. In his letter to the secretary of state,declaring his intention to nominate Marshall, PresidentAdams said: “Of the three envoys theconduct of Marshall alone has been entirely satisfactory,and ought to be marked by the most decidedapprobation of the public. He has raised theAmerican people in their own esteem, and if theinfluence of truth and justice, reason and argument,is not lost in Europe, he has raised theconsideration of the United States in that quarter ofthe world.” As the elections approached, Mr.Marshall was strongly urged to become a candidatefor congress, consented much against his inclination,was elected in April, 1799, and served asingle session. One of the most determinedassaults that was made against the administrationat this session was in relation to the case of JonathanRobbins, alias Thomas Nash, who had beenarrested in Charleston at the instance of theBritish consul, on the charge of mutiny and murderon the British frigate “Hermione,” and who,upon habeas corpus, was delivered up to the Britishauthorities by Judge Thomas Bee, in pursuance ofthe requisition of the British minister upon thepresident, and of a letter from the secretary ofstate to Judge Bee advising and requesting thedelivery. Resolutions censuring the president andJudge Bee were offered in the house; butMarshall, in a most elaborate and powerful speech,triumphantly refuted all the charges and assumptionsof law on which the resolutions were based,and they were lost by a decided vote. This speech settled the principles that have since guided thegovernment and the courts of the United States inextradition cases, and is still regarded as anauthoritative exposition of international law on thesubject of which it treats. The session lasted till14 May, but on the 7th Marshall was nominated assecretary of war in place of James McHenry, whohad resigned; and before confirmation, on the 12th,he was nominated and appointed secretary of statein place of Timothy Pickering, who had beenremoved. He filled this office with ability and creditduring the remainder of Adams's administration.His state papers are luminous and unanswerable,especially his instructions to Rufus King, ministerto Great Britain, in relation to the right of search,and other difficulties with that country.
Chief-Justice Ellsworth having resigned his seaton the bench in November, 1800, the president,after offering the place to John Jay, who declinedit, conferred the appointment on Mr. Marshall.The tradition is, that after the president had hadthe matter under consideration for some time, Mr.Marshall (or Gen. Marshall, as he was then called)happened one day to suggest a new name for theplace, when Mr. Adams promptly said: “GeneralMarshall, you need not give yourself any furthertrouble about that matter. I have made up mymind about it.” “I am happy to hear that youare relieved on the subject,” said Marshall. “MayI ask whom you have fixed upon?” “Certainly,”said the president; “I have concluded to nominatea person whom it may surprise you to hearmentioned. It is a Virginia lawyer, a plain man bythe name of John Marshall.” He was nominatedon 20 Jan., unanimously confirmed, and presidedin the court at the February term, though he wasstill holding the office of secretary of state. Heat once took, and always maintained, a commandingposition in the court, not only as its nominalbut as its real head. The most important opinions,especially those on constitutional law, werepronounced by him. The thirty volumes ofreports, from 1st Cranch to 9th Peters, coveringa period of thirty-five years, contain the monumentsof his great judicial power and learning,which are referred to as the standard authority onconstitutional questions. They have imparted lifeand vigor not only to the constitution, but to thenational body politic. It is not too much to saythat for this office no other man could have beenselected who was equally fitted for the task he hadbefore him. To specify and characterize the greatopinions that he delivered would be to write atreatise on American constitutional law. Theymust themselves stand as the monuments andproper records of his judicial history. It isreported by one of his descendants that he often saidthat if he was worthy of remembrance his bestbiography would be found in his decisions in thesupreme court. Their most striking characteristicsare crystalline clearness of thought, irrefragablelogic, and a wide and statesman-like view of allquestions of public consequence. In these respectshe has had no superior in this or any other country.Some men seem to be constituted by natureto be masters of judicial analysis and insight. Suchwere Papinian, Sir Matthew Hale, and LordMansfield, each in his particular province. Such wasMarshall in his. They seemed to handle judicialquestions as the great Euler did mathematicalones, with giant ease. As an instance of thesimplicity with which he sometimes treated greatquestions may be cited his reasoning on the powerof the court to decide upon the constitutionalityof acts of congress. It had been claimed before;but it was Marshall's iron logic that settled itbeyond controversy. “It is a proposition too plainto be contested,” said he, in Marbury vs. Madison,“that the constitution controls any legislative actrepugnant to it; or that the legislature may alterthe constitution by an ordinary act. Between thesealternatives there is no middle ground. Theconstitution is either a superior, paramount law,unchangeable by ordinary means, or it is on a levelwith ordinary legislative acts, and, like other acts,is alterable when the legislature shall please toalter it. If the former part of the alternative betrue, then a legislative act contrary to the constitutionis not law; if the latter part be true, thenwritten constitutions are absurd attempts, on thepart of the people, to limit a power in its ownnature illimitable.”
The incidents of Marshall's life, aside from hisjudicial work, after he went upon the bench, arefew. In 1807 he presided, with Judge Cyrus Griffin,at the great state trial of Aaron Burr, who wascharged with treason and misdemeanor. Few publictrials have excited greater interest than this.President Jefferson and his adherents desired Burr'sconviction, but Marshall preserved the most rigidimpartiality and exact justice throughout the trial,acquitting himself, as always, to the public satisfaction.In 1829 he was elected a delegate to theconvention for revising the state constitution ofVirginia, where he again met Madison and Monroe,who were also members, but much enfeebled byage. The chief justice did not speak often, butwhen he did speak, though he was seventy-fouryears of age, his mind was as clear and his reasoningas solid as in younger days. His deepestinterest was excited in reference to the independenceof the judiciary. He remained six years after thison the bench of the supreme court. In the springof 1835 he was advised to go to Philadelphia formedical advice, and did so, but without anybeneficial result, and died in that city.
In private Chief-Justice Marshall was a man ofunassuming piety and amiability of temper. Hewas tall, plain in dress, and somewhat awkward inappearance, but had a keen black eye, andoverflowed with geniality and kind feeling. He wasthe object of the warmest love and veneration ofall his children and grandchildren. JudgeMarshall published, at the request of the firstpresident's family, who placed their records and privatepapers at his disposal, a “Life of Washington” (5vols., Philadelphia, 1804-'7), of which the first volumewas afterward issued separately as “A Historyof the American Colonies” (1824). The whole wassubsequently revised and condensed (2 vols., 1832).In this work he defended the policy of Washington'sadministration against the arguments anddetractions of the Republicans. A selection fromhis decisions has been published, entitled “TheWritings of John Marshall, late Chief Justice ofthe United States, upon the Federal Constitution”(Boston, 1839), under the supervision of JusticeJoseph Story. His life has been written by GeorgeVan Santvoord, in his “Sketches of the ChiefJustices” (New York, 1854); and by Henry Flanders,in his “Lives and Times of the Chief Justices”(2d series, Philadelphia, 1858). See also “Eulogyon the Life and Character of Marshall,” by HoraceBinney (Philadelphia, 1835); “Discourse upon theLife, Character, and Services of John Marshall,”in Joseph Story's “Miscellaneous Writings” (Boston,1852); “Chief-Justice Marshall and theConstitutional Law of his Time,” an address byEdward J. Phelps (1879); and “John Marshall,” byAllan B. Magruder (Boston, 1885). — Another son of the second Thomas, Thomas, soldier, b. inFauquier county, Va., 27 Oct., 1761; d. in Masoncounty, Ky., 19 March, 1817, served in theRevolution, and attained the rank of captain. Hesettled in Kentucky in 1790, and was an activemember of the convention that formed the secondconstitution of the state in 1799. — Another son,James Markham, lawyer, b. in Fauquier county,Va., 12 March, 1764; d. there, 26 April, 1848, waseducated at home, and when fifteen years of ageentered the Revolutionary army as a private,becoming a lieutenant in Alexander Hamilton'sregiment. He went to Kentucky with his fatherin 1785 and bore a conspicuous part in the discussionsconcerning the “Spanish conspiracy.” Hisstatement that Gardoqui, the Spanish minister atWashington, had been in communication withJohn Brown looking to the withdrawal ofKentucky from the United States, was bitterlydenounced by James Brown, afterward minister toFrance, which led to a challenge from Marshall,but the duel was prevented after the parties reachedthe ground. He returned to Virginia in 1795, andsoon afterward married Hester, daughter of RobertMorris, the financier of the Revolution. Mr.Marshall was the commercial agent of New York, Boston,and Charleston in France during the reign of terror,and was employed by Washington as the agentof the United States to negotiate for the releaseof Lafayette, who was then a prisoner in Austria.While in England he negotiated for the purchaseof the Fairfax estates in the northern neck ofVirginia, and he and his brother John received all thelands in “Leeds Manor,” where their posteritycontinue to reside. The last night of the administrationof John Adams, Mr. Marshall was appointedone of the “midnight judges,” but was soon legislatedout of office by the Republicans. — Anotherson, Alexander Keith, lawyer, b. in Fauquiercounty, Va., in 1770; d. in Mason county, Ky., 7 Feb.,1825, received a classical education from privatetutors, and became one of the ablest pioneer lawyersof his day. He represented Mason county in thelegislature from 1797 till 1800, had an activeparticipation in the discussions of the Burr conspiracyin 1806, was for years clerk of the court of appeals,and in 1818 was appointed reporter of that court.He edited “Decisions of the Court of Appeals ofKentucky, 1817-'21” (3 vols., Washington, 1819-'26).— Another son, Louis, educator, b. in Fauquiercounty, Va., 7 Oct., 1773; d. in Buckpond, Ky.,in April, 1866, was educated at home, studiedmedicine in Edinburgh, and spent several years inParis, participating in the attack upon the Bastile.He was arrested during the reign of terror andcondemned to death, but was rescued by theintervention of his elder brothers. He attained note asa physician, but his taste for literature andlanguages caused him to abandon his profession, andhe then established an academy at Woodford. Hewas president of Washington college, Va., in 1838,and afterward of Transylvania university, Ky. Dr.Marshall was regarded by many as superior innative talent to the chief justice, his brother, buthis eccentricities limited his influence. — The thirdThomas's son, Thomas, soldier, b. in Mason county,Ky., 13 April, 1793; d. in Lewis county, Ky., 28March, 1853, was well educated. He was severelywounded in a political duel with Charles S. Mitchellin 1812, served as a lieutenant in the war of thatyear, and was in the legislature several timesbetween 1817 and 1844, serving one term as speaker ofthat body. He was commissioned by President Polka brigadier-general of volunteers in the Mexicanwar, and commanded the Kentucky brigade underGen. John E. Wool. In consequence of disagreementswith that officer, Marshall was left with onlya part of his brigade to guard Rineonada pass andto drill raw recruits. He received orders to marchfor Buena Vista, cut his way through the forces ofGen. Minon, but reached the field after the victoryhad been won. Gen. Marshall, in conjunction withGen. Worth, preferred the charges against Gen.Winfield Scott which led to a court of inquiry onthat officer's conduct. After his return to Kentuckyhe was murdered by a tenant at his home in Lewiscounty. He was originally a Federalist, but becamean ardent Democrat. — Another son of the thirdThomas, Charles Alexander, soldier, b. in Masoncounty, Ky., 2 May, 1809, was educated in Woodfordby his uncle, Dr. Louis Marshall, and servedin the legislature in 1840, 1855, and 1857. He wasa determined friend of the Union, recruited the16th Kentucky infantry in 1861, at the headof that regiment led the advance of Gen. WilliamNelson in his campaign in eastern Kentucky in theautumn of 1861, and bore the brunt of the fight atthe battle of Ivy Creek. — Louis's son, ThomasFrancis, lawyer, b. in Frankfort, Ky., 7 June,1801; d. near Versailles, Ky., 22 Sept., 1864, waseducated by private tutors, studied law under JohnJ. Crittenden, and began practice in Versailles. Heserved in the legislature from 1832 till 1836, andwas conspicuous in its debates. In 1833 heremoved to Louisville, was defeated as an Independentcandidate for congress, returned to Versaillesin 1837, and again served in the legislature in1838-'9, resisting the repeal of the law of 1833which prohibited the importation of slaves intoKentucky. His reports on the judiciary, reviewingexisting defects in that department of state polityand urging its entire independence, and uponbanks, are state papers of great ability. He wasfinally elected to congress as a Whig, serving from31 May, 1841, till 3 March, 1843, and during histerm moved a series of resolutions censuring JohnQuincy Adams for introducing a petition for thedissolution of the Union. He opposed Clay's U. S.bank bill, and subsequently favored the annexationof Texas and the election of Polk to the presidency.In 1846 he raised a company of cavalry and servedin Col. Humphrey Marshall's regiment in theMexican war. He was a presidential elector in1852, was defeated as a candidate for the Kentuckyconstitutional convention, and during its sittingsedited the “Old Guard,” which he continued severalmonths. He devoted the latter years of his life tothe study of geology and history, and lecturedsuccessfully through the northern and eastern states.A collection of his writings and speeches was editedby W. L. Barre (Cincinnati, 1858). — Another sonof Louis, Edward Colston, lawyer, b. in Woodford,Ky., in 1820, was educated at Washingtoncollege, Va., Central college, and Transylvania, andpractised law in Nicholasville and Cincinnati. In1847 he was made 1st lieutenant of U. S. infantry,served in the Mexican war, and became captain on6 May, 1848, but was cashiered for duelling on 22May, 1848, and in 1849 went to California, where hesat in the legislature, and was elected to congressas a Democrat, serving from 1 Dec., 1851, till 3March, 1853. In 1856 he returned to Kentucky,where he attained note as a lawyer and orator. In1878 he returned to California and was electedattorney-general of that state. — The second Thomas'sgreat-grandson, Charles, lawyer, b. in Warrenton,Va., 3 Oct., 1830, is the son of Alexander John, alawyer of Virginia. He was graduated in 1849 atthe University of Virginia, was professor ofmathematics from 1849 till 1852 in the University of Indiana. Afterward he practised law in Baltimore,and upon the secession of Virginia enteredthe Confederate army and served on the staff ofhis kinsman, Gen. Robert E. Lee, as assistantadjutant- and inspector-general, until the close of thecivil war, and was charged with the duty ofpreparing the official reports of the Army of NorthernVirginia from 1862 till 1865, and was directed byGen. Lee to prepare a general order, embodyinghis farewell address to his army, dated 10 April,1865. He now (1888) practises law in Baltimore.He was requested by Gen. Lee's family to prepare abiography of him, which work is practically readyfor publication. — The second Thomas's brother,William, clergyman, b. in Washington parish,Westmoreland co., Va., in 1735; d. near Eminence,Shelby co., Ky., in 1809, removed to Fauquiercounty, Va., in 1752, became a Baptist clergyman,and, owing to his zealous preaching and influenceover the masses, was arrested by the enemies of hissect. In 1780 he removed to Kentucky andestablished in Henry county the Fox river church. — Hisson, Martin, lawyer, b. in Fauquier county, Va.,11 Sept., 1777; d. in Augusta, Ky., 19 Sept., 1853,studied law under his cousin, Thomas Marshall,and removed to Kentucky in 1804. He served inthe legislature, and had a large law practice innorthern Kentucky and Ohio. He resembled hiscousin, the chief justice, in appearance andintellect. He married Matilda, daughter of Capt.Nicholas Taliaferro, a Revolutionary officer ofVirginia. — Their son, William Champe, lawyer, b.in Augusta, Ky., 9 Aug., 1807; d. there, 2 May,1873, studied law under his father, and served inthe Kentucky legislature for many years. He wasa member of the State constitutional convention of1850, and was commonwealth attorney for Brackencounty. He was a strong Whig and a brilliantand popular orator. — Another son, NicholasTaliaferro, physician, b. in Augusta, Ky., 1 March,1810; d. in Minerva, Ky., 7 June, 1858, was graduatedat Augusta college, and received his medicaldegree at the University of Pennsylvania in 1853.He practised in Washington, Ky., and in Cincinnati,where he was elected professor in the Ohiomedical college. — Another son, Thomas Alexander, jurist, b. in Augusta, Ky., 29 March, 1812,was graduated at Augusta college, studied lawunder his father, and settled in Vicksburg, Miss.,where he became eminent in his profession. Hewas judge of the Vicksburg circuit court, and apublisher and editor of “Swedes and Marshall'sReports of the Supreme Court of Mississippi”(Vicksburg, 1857). — Another son, ThorntonFrancis, lawyer, b. in Augusta. Ky., 19 July, 1819, wasgraduated at Augusta college, studied law underhis father, and served in the state senate. He wasat first a Whig, but became a Democrat, and gavethe decisive vote in 1860 for the support of theUnion. He was presidential elector on theMcClellan ticket in 1864, and has since been a successfullawyer in Kentucky. —
The second Thomas'snephew, Humphrey, statesman, b. in Westmorelandcounty, Va., in 1756; d. near Frankfort, Ky.,1 July, 1841, was the son of John. He receivedno education, and entered the Revolutionary army,in which he became captain. He removed toKentucky in 1780 and married his cousin, the daughterof Col. Thomas Marshall, who had taught him toread. In 1787 he was a delegate to the Danvilleconvention to consider the question of separation fromVirginia, opposing the independence of Kentucky,and taking an active part in exposing the projectfor an alliance with Spain. He was also a delegateto the Virginia convention that ratified the constitution of the United States, and to him was largelydue the conversion of a large majority that opposedits adoption. In 1793 he was a member of thegeneral assembly, and opposed the plans for theenlistment of troopsin Kentucky,under Gen. GeorgeRogers Clarke, toattack the Spanishsettlements at themouth of theMississippi. He wasthen elected to theU. S. senate as aFederalist, servingfrom 7 Dec., 1795,till 3 March, 1801,voting for theconditional ratificationof the treatythat had beennegotiated by JohnJay with GreatBritain, andopposing allianceswith any foreignpower. In 1806 he took an active part in denouncingand thwarting the plots of Aaron Burr and hiscoadjutors. The published communications thatled to the legislative inquiry into the conduct ofJudge Sebastian, establishing the fact that he hadfor years been the paid pensioner of Spain, andcompelling his resignation from the bench of thecourt of appeals, were mainly the products of hispen. He served again in the legislature in 1808-'9,and a dispute with Henry Clay resulted in a duel,19 Jan., 1809, in which Mr. Clay was wounded. Mr.Marshall was the author of a “History ofKentucky,” which is rather a defence of himself thana record of the events of the period (1812;enlarged ed., 2 vols., Frankfort, 1824). — Humphrey'sson, John Jay, jurist, b. in Woodford county, Ky.,4 Aug., 1785; d. in Louisville, Ky., in June, 1846,was graduated at Princeton in 1806, studied lawunder his father, and served in the legislature formany years. From 1829 till 1833 he was reporterof the court of appeals, and from 1836 till hisdeath he was judge of the circuit court of Louisville.In the financial crisis of 1837 he lost hisproperty through the generous support that hegave to his friends. He published “Reports ofCases at Law and Equity in the Court of Appeals ofKentucky” (7 vols., Frankfort, 1831-'4). — Anotherson of Humphrey, Thomas Alexander, jurist, b.in Woodford county, Ky., 15 Jan., 1794; d. inLouisville, Ky., 17 April, 1871, was graduated atYale in 1815, studied law, and practised in Frankfort,Ky. In 1819 he removed to Paris, Ky. Heserved in the legislature in 1827-'8, and was thenelected a representative to congress as a Whig,serving from 5 Dec., 1831, till 3 March, 1835. Hewas judge of the court of appeals from 1835 till1856, professor in the law-school of Transylvaniafrom 1836 till 1849, and chief justice of the courtof appeals in 1866-'7. Yale gave him the degreeof LL. D. in 1866. — John Jay's son, Humphrey,soldier, b. in Frankfort, Ky., 13 Jan., 1812; d. inLouisville, Ky., 28 March, 1872, was graduated atthe U. S. military academy in 1832, assigned to themounted rangers, and served on the Black Hawkexpedition. He resigned on 30 April, 1833, studiedlaw, and practised in Frankfort and Louisville.He became captain in the Kentucky militia in1836, major in 1838, and lieutenant-colonel in 1841.In 1836 he raised a company of volunteers and marched to defend the Texas frontier against theIndians, but his force disbanded on hearing ofGen. Houston's victory at San Jacinto. He becamecolonel of the 1st Kentucky volunteer cavalry, 9June, 1846, served in the war with Mexico, wongreat distinction at the Battle of Buena Vista, andafterward retired to his farm in Henry county, Ky.He was subsequently elected to congress as a Whig,serving from 3 Dec., 1849, till 4 Aug., 1852, andsupported Clay's compromise measures. From 1852till 1854 he was U. S. minister to China, and on hisreturn he was elected to congress from Kentuckyas an American, serving from 3 Dec., 1855, till 3March, 1859. In 1856 he was a member of theNational American council in New York city, wherehe was instrumental in abolishing all secrecy inthe political organization of his party. In 1860 hecanvassed Kentucky for John C. Breckinridge, andhe afterward recruited in that state a large bodyof men for the Confederate army, in which heaccepted a commission as brigadier-general. He wasplaced in command of the Army of EasternKentucky, with which it was designed to invade thestate through the mountain-passes. In January,1862, he fought the battle of Middle Creek, in Floydcounty, with Gen. James A. Garfield (q.v.). InMay, 1862, Gen. Marshall surprised Gen. Jacob D.Cox at Princeton, Va., the result of the actionbeing the relief of the Lynchburg and Knoxvillerailroad, for which service he received the thanksof Gen. Lee. He resigned his commission soonafterward, practised law in Richmond, and waselected to the Confederate congress, serving on thecommittee on military affairs. Subsequently heremoved to Louisville, Ky., and acquired a largelaw-practice. He was one of the first Confederateswhose disabilities were removed by congress. — Thesecond Humphrey's daughter, Nelly Nichol,author, b. in Louisville, Ky., 8 May, 1845; d. inWashington, D. C., 19 April, 1898. She married,in 1871, Col. John J. McAfee, of the Confederatearmy. In addition to numerous poems, she haspublished novels entitled “Eleanor Morton, or Lifein Dixie” (New York, 1865); “Sodom Apples”(1866); “Fireside Gleanings” (Chicago, 1866); “Asby Fire” (New York, 1869); “Wearing the Cross”(Cincinnati, 1868); “Passion, or Bartered andSold” (Louisville, 1876); and “A Criminal throughLove” (1882); also many magazine articles.
