James Markham Marshall was a lawyer, government diplomat and United States federal judge.
Background
James Markham Marshall was the fifth child of Mary Randolph (Keith) and Thomas Marshall and a brother of John and Louis Marshall. He was born on March 12, 1764 in Fauquier County, Va. , and died there, though much of his life was spent elsewhere. He was educated at home by his parents, both of whom were of high intellectual attainments.
Education
Marshall was educated at home.
Career
When he was fifteen years of age, he joined the 16t Virginia Artillery, State Line, in which his father was colonel and in which he became captain. His father removed to Kentucky in 1785, but he did not follow until about three years later. When he arrived the district was in a state of excitement over problems of statehood and the unfolding schemes of Spanish plotters to join Kentucky to Louisiana. He became a strong partisan of the central government and joined the Federalist party as soon as it was crystallized. In 1790 he opposed John Brown, 1757-1837, for Kentucky's seat in Congress. He charged that Brown had plotted with Gardoqui, the Spanish minister, to deliver Kentucky to Spain, and as proof he cited a letter Brown had written Judge George Muter on July 10, 1788. Marshall forced the publication of the letter to substantiate his contention, but not before he had so embroiled himself with James Brown, a younger brother of John, that a duel was averted only through a trick by Humphrey Marshall, 1760-1841, his cousin and brother-in-law. He was defeated for Congress, but soon he was selected as a delegate to the ninth convention held by Kentucky in her quest for statehood. Here he drew up the memorial to the president of the United States and to Congress, declaring Kentucky's warm attachment to the federal government and reiterating her desire to enter the Union. He returned to Virginia, and he lived for a short time in Philadelphia. In the meantime he had joined a group made up of his brother John Marshall, his brother-in-law Raleigh Colston, and General Henry Lee, 1756-1818, to buy up the large Fairfax estates in Virginia, and in January 1794 he had gone to England to negotiate the purchase from the Fairfax heirs. As the purchase price of £14, 000 was much more money than his group could command at the time, at the instigation of his father-in-law, he was sent to Europe again in October 1795 in order to obtain the necessary loans. The money was finally borrowed and the Fairfax heirs were satisfied, but the situation in America had become considerably complicated with Virginia confiscation laws, squatters, and other disturbances. Finally an agreement with the Virginia legislature and the decision in the case of Martin vs. Hunter's Lessee (1 Wheaton, 304), resulted in clearing the title. About 180, 000 acres were secured, confined to the Northern Neck, and through trading and purchase he personally acquired half of this estate. While in Europe he witnessed some of the excesses of the French Revolution, and, when Lafayette was arrested and thrown into prison in Berlin, he was appointed to bring about his release, which was obtained, however, before Marshall could act. When trouble developed with France in 1798, Marshall offered his services as aide-de-camp to Washington. Being in the good graces of John Adams, he was chosen by the president near the end of his term as assistant judge of the District of Columbia. Though he had been appointed before the judiciary act of 1801 had been passed, he went out with the "midnight judges. " In Winchester, Va. , he then took up the practice of law, which he had studied years before. He also gave time to the management of his estate. Long before his death he divided most of his great landholdings among his six children.
Achievements
Personality
While in Paris, Mr. Marshall witnessed the outrages of the Reign of Terror, and when Marie Antionette's fabulous furnishings at Versailles were sold at public auction, he bought a luxurious wall-to-wall carpet and a handsome mahogany Pembroke table for his "Happy Creek House. " The rug was lost when the house burned, but the table was saved and remains in the family. Marshall remained abroad for two years as agent of the North American Land Company which was developing extensive properties in Pennsylvania, Maryland, Virginia, and Kentucky. Mrs. Marshall had accompanied him, and their two eldest sons were born during this period. As this patriotic American couple did not wish their children to be born on English soil, arrangement were made for the events to take place on an American ship in the English harbor. While in England, James Marshall bought from the heirs of Lord Fairfax some 180, 000 acres of the vast Northern Neck Proprietary of Virginia. This purchase was made in his own name and in those of his brother, Chief Justice John Marshall, Rawleigh Colson, and "Light Horse" Harry Lee. He later bought out Lee, and with a double portion of the lands thus acquired, he became a large proprietor and a wealthy Virginia gentleman. He practiced law in Winchester, attaining eminence in that profession, and established his home on his Happy Creek lands. Here he built his spacious 16 room mansion of native limestone with wide halls, lofty ceilings, windows 18 feet high, and a magnificent stairway. There were separate utility buildings and quarters for his servants and tenants, all of limestone like the main house. An English gardener attended beautiful flower beds and the vegetable garden which featured the asparagus bed so prized by the nineteenth century Virginia planter. Cut flowers were assured the year around by a "sunken flower pit", rock-walled and glazed over the top, in which even Marechal Niel roses bloomed in winter. The front lawn was laid off in a sweeping semi-circle outlined by a stone wall flanked with lilacs, hollyhocks, and white mulberry trees.
Connections
He married in April 1795 to Hester, the daughter of Robert Morris, who was considered one of the richest heiresses in America.