[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_, lx.x.xiv, 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 ...

s.p.a.cious 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_, lx.x.xiv, 537.

[540] Betsy Ambler to Mildred Smith, 1780; _Atlantic Monthly_, lx.x.xiv, 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 circ.u.mstance 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_, lx.x.xiv, 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_, lx.x.xiv, 548.

[546] Thomas Marshall"s will shows that he owned, when he died, several years later, an immense quant.i.ty of land.

[547] _Supra_, chap. II.

[548] Fauquier County t.i.thable 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_, lx.x.xiv, 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 a.s.signed for study. It is probable that many of these notes were made after Marshall left college.

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