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HUMPHREY MARSHALL.
1760— 1841.

X

Lire ftND TiMes

OP^

Hon. HUMPHREY MARSHALL.
Ax Offiche in the Eevolutionaby Wak; MEirsEB fob the
Di.sTEicT OF Kentucky or the Virginia Conventiost (1788)
WHICH ADOPTED THE FEDERAL CONSTITUTION; MeMBEB
ITboji Fatette County, Ky., of one ob mobe of
THE Conventions at Danttlle looking to thb
EEECTION of KENTUCKY INTO A SEPAEATE
State ; sevebal times a member of the
Kentucky Lbgislatube ; Sbnatob
in congbess fbom 1795 to 1801 ;
AUTHOR OF MARSHALL'S HISTORY OF KENTUCKY,
Etc., Etc., Etc.

:iay A., c:. QT_ji^E>r>j:^E;p«p«'vr.

WINCHESTER, KY. :
The Sun Publishing Company,
1892.

Iisnri^oiDXjrcToi^Y^.

HE elder Humphrey Marshall, the stormy petrel of Kentucky's
earlier years, presents one of the most unique and picturesque
fignres that has yet been fumished by American history. So strange
and varying were the fortunes and vicissitudes of his tempestuous
career, that the recital of them by a more competent biographer than
the present one would prove more striking and more interesting than a
romance. He was a man of the most inflexible integrity, of the highest order
of intelligence, and of the most dauntless moral and physical courage.
He had, at one time, a flattering promise of a long and illustrious public
career, but his very integrity and force of character proved the ruin of
his political hopes. Never for an instant would he hold his convictions
in abeyance as a matter of policy. With him to think was to say and to
do, regardless of consequences.
His loftier political aspirations were frustrated by a cabal between
the flower and the fruition of whose ambitions he interposed the chilling
frost of his unpurchaseable integrrity. As he could neither be seduced
by the prospect of power nor influenced by the promise of gain to depart
from the line of duty and the pathway of honor, the cabal, by means
they knew only too well how to em^ploy, crushed him to the earth, as
they fondly imagined. His character was blackened in a thousand insid
ious ways, and every means that could be devised to disgrace, degrade
and humiliate him, was put into operation. Mobs were even incited to
inflict upon him personal outrage. The leaders in the dark rooms pulled
the wires, and innumerable puppets assailed him in innumerable ways,
until it came to be said that he was the best hated man of his day. But
at this distance ai time, and in this era of Kentucky's history, the scenes

have shifted ; and while the memory of many of the men who persecuted
him rest under either absolute disgrace or else the shadow of suspicion,
no disinterested persons doubt the integrity of Humphrey Marshall's
purposes, however much they may think he may have been led into error
by the strength of his prejudices. To this generation of Kentuckians it
is harflly necessary to say more in vindication of the man than that he
he was the bosom friend and possessed the perfect confidence and esteem
of Washington. The people of Kentucky should have a biography of so illustrious
and so remarkable a Kentucldan as Humphrey Marshall. The author of
this sketch had long hoped that such a work might be written by some
historian competent to do it justice, and, iat last, in despair of this, un
dertook it himself.
Humphrey Marshall has now lain for fifty years in his grave. After
so long a time has elapsed it has been an exceedingly difficult matter to
collect data for the work. Mr. Marshall himself left no materials for
his biography. If he did this writer has been unable, after a most
patient and thorough inquiry, to find them. Much matter which would
have added greatly to the interest and value of this biography has been,
by the lapse of many years, irrecoverably lost. As it is, the compiler of
the work, snatching when he could a few hours from the daily require
ments of a busy life, has gone through a long and laborious search
among public records, old pamphlets, files of old newspapers, &c., &c.,
and ajjpropriated for his purpose every available scrap of information
which he thought might serve to make his work full, authentic, and
interesting. This labor has also been supplemented by an extensive
correspondence — numerous letters having been written to all parts of the
country, and to every person from whom there was reason to believe that
information of value concerning Mr. Marshall might be obtained. In
this way much authentic tradition and many actual observations have
been gathered. But, after all, it is feared that the work is very imper
fect and meager.
This biography of Humphrey Marshall was prepared for the Filson
Club, of Louisville, Ky., before which body it was read at the meetings
for December 1890, and January and February, 1891.
Col. Thomas Marshall Green's "Spanish Conspiracy," though printed
more than a year ago, was not written until after this sketch had been

completed. It is earnestly recommended for the perusal of all who may
become interested in this book ; for the two works, without any intention
or prearrangement, are .supplemental to each other. The "Spanish Con
spiracy" is an important contribution to Kentucky History ; and its
author has uttered it iu uo uncertain tones. a. c. quisenbebby.
Washington, D. C,
October 16, 1892.

THe Lire snd tmes

OF^

THE HON. HUMPHREY MKRSHRLL.
MUthor of the Hlstoru of KentUcku.

Patepnal Ancestfy.
In the Northern Neck of Virginia there settled at an early day many
families which have since become distinguished, socially and politically.
Among these the Marshall family is by no means the least. During
more than a century of the sluggish, monotonous life, which preceded
the Revolution they, like the ¦ most of their neighbors, were plain, sub
stantial people, not at all distinguished for anything, perhaps, except
the simple integrity of their characters.
But the outbreak of the Revolution was the signal of a revolution
indeed in Old Virginia. Almost imperceptibly the race of plain, simple
planters became a race of statesmen and soldiers, nearly peerless on the
field and in the forum. While the Virginians as a whole became distin
guished in this respect, the "Tuckahoes," or citizens of the Northern
Neck, became pre-eminent in the same respect among Virginians. The
coimty of Westmoreland alone fumished the illustrious names of the
Washingtons, the Lees, the Marshalls, the Madisons, the Monroes, the
Popes, and many others ; and of these the Marshall family has furnished
many members who have been distinguished in every publio and private
walk of life, and who have contributed no small share to the lustre of
their country's history.
There are families of the name of Marshall in England, Ireland,

8 THE LIFE AND TIMES OF
Scotland and Wales, but it is not now known from which of these the
family of Virginia Marshalls sprung. There are traditions, indeed, but
they rest upon no authenticated records, or proof of any kind, and even
the traditions vary. The farthest back to which they can be certaMly
traced is to Thomas Marshall, a planter in the Washington Parish of
Westmoreland County, Virginia, who is supposed to have settled there
about 1649. The tradition held by Dr. Louis Marshall, of Woodford
County, Kentucky, during his lifetime, has been accepted with some
degree of credit by later members of the various branches of the family,
and is certainly as authentic as any mere tradition could be. It is that
the Thomas Marshall mentioned above, was the son of a John Marshall,
whioh John Marshall was the son of a Thomas Marshall, an Irishman,
who had been in the army of Charles I. , and who had left England and
come to America during the usurpation of Cromwell.
In what is called "The Acts of Settlement of 1649" in the "Landed
Gentry of Ireland in Crom.well's Time," there is a list of offlcers to whom
arrears of pay were due for services in the royal army of Charles I. , and
in this list stands the name of "Lieutenant-Colonel Thomas Marshall."
An unsuccessful effort has been made to connect this man with the Vir
ginia Marshalls, but he is, in all probability, the Irish Royalist contem
plated in Dr. Louis Marshall's tradition.
On the other hand; in a Wii of persons sentenced to be transported
from various English and Irish ports, is the name of Thomas Marshall,
an Irishman, who was transported to the Barbadoes for participation in
Monmouth's rebellion against James II., and as many people came from
the Barbadoes to Virginia, this man may have been the same Thomas
Marshall to whom the Virginia Marshalls can be traced with absolute
certainty. ;
Thomas Marshall had an estate of twelve hundred acres of land,
located in the Washington Parish of Westmoreland County, Virginia,
two hundred acres of which he purchased from Major Prancis Wright,
whose wife was the daughter of the first John Washington and Anne
Pope. He died in 1704, and by his will, which is still to be seen among
the records of the Westmoreland County Court, he left all his land to his
eldest son, William Marshall, who was the ancestor of Gen. Robert An-

HUMPHREY MARSHALL THE ELDER. 9
derson (of Fort Sumpter fame) of Gov. Charles Anderson, of Marshall
Anderson, Larz Anderson, William Anderson and John Anderson; of
Chief Justice William S. Pryor ; and of the Marshalls of Henderson, Ky.
Thomas Marshall's second son, John Marshall, married Elizabeth
Markham, and by her had four sons ; viz :
Thomas, who was a Colonel in the Revolutionary army, and the
father of Chief Justice John Marshall, of the United States Supreme
Court ; of Dr. Louis Marshall; of Alexander K. Marshall ; of Mary Mar
shall (who married Humphrey Marshall, the subject of this sketch) and
of Nancy Marshall, who married Joseph Hamilton Daveiss ;
William, an eloquent and famous Baptist preacher of early days,
who was the ancestor of the Marshalls of Bracken County, Kentucky ;
John, who married Mary Quisenberry, and became the father of
Humphrey Marshall ; and
Maekham, who was the ancestor of Gen. DufE Green, the editor of
the old Washington Telegraph, which was so famous and so powerful in
its day. CDatefnal Aneestpy.
As has been .stated, John Marshall married Mary Quisenberry, and
to them was bom, among numerous other children, Humphrey Marshall,
the subject of this sketch. Mary Quisenberry was the daughter of
Humphrey Quisenberry, a wealthy planter of the Washington Parish, of
Westmoreland County, Virginia, and in whose honor Humphrey Mar
shall was evidently named. He was the neighbor of the elder John
Marshall, as his grand-father, John Quisenberry, had been of the first
Thomas Marshall ; and they were all buried in the Pope's Creek Cem
etery, an old colonial burying ground in Westmoreland County, where
inscribed tombstones once abounded, but where not one is now to be
seen. Humphrey Quisenberry died in 1776, and his will, probated that
year, gives the bulk of his property to his children by his second wife ;
but other bequests to his elder set of children give some information
about them, and show that one of them, his daughter Jane, was the
wife of Lawrence Pope. There is no certain proof of it, but it is alto-

10 THE LIFE AND TIMES OF
gether probable that this Lawrence and Jane Pope were the ancestors of
that John Pope who was afterwards a Senator in Congress from Ken
tucky, and who was Humphrey Marshall's political and personal friend
throughout life.
The Quisenberrys, like all their neighbors prior to the Revolution,
were plain, respectable people, and they were among the earlier settlers
of Virginia, coming there from England at a very early day. A numer
ous family of them were living in 1653 in that portion of Northumber
land County which was that year cut off and erected into Westmoreland
¦County. The exact date of the arrival of the first of the name from
England is not certainly known.

Jlamphfey ODafshall's SiPth and Voatti.
John Marshall and Mary Quisenberry were married about 1758 or '59.
Both had been born and reared in the Washington Parish of Westmore
land County, but some time before his marriage John Marshall had
bought land in Fauquier County, where his brother. Col. Thomas Mar
shall, had also purchased an estate, and to that county he took his young
wife, and therfe they set to work to establish a home. They were in
very humble circumstances, and they had a large family of children,
nearly all of whom afterwards went to Kentucky and became wealthy.
John Marshall was not a Baptist preacher, as is stated in Perrin's
"Pioneer Press of Kentucky," nor wa,s he, indeed, a preacher of any
kind. He was a plain farmer ; a man of good, strong sense, but unam
bitious, and unassuming.
Humphrey Marshall was born in Fauquier County, Virginia, in the
year 1760. There is little or no account of how he spent his boyhood
days. There is a tradition that he never went to a school, but that his
cousin, Mary Marshall, who afterwards became his wife, and who w^as
his senior, taught him to read. She was a very intellectual, gifted, and
highly cultivated woman, who from the beginning took naturally to
books. Gen. DufE Green, the editor of the old Washington Telegraph,
whose mother' was a daughter of Markham Marshall and a full first

HUMPHREY MARSHALL THE ELDER. U
cousin to both Humphrey Marshall and his wife, in giving an account of
his boyhood and youth, says: "Mrs. Humphrey Marshall gave me the
use of books from her library, aud when I returned them she examined
me upon what I had read." This was her custom with many.
Certain it is that Humphrey Marshall, by the display of his natural
and instinctive manliness and integrity, early attracted the fondness
and esteem of his uncle. Col. Thos. Marshall, who was, in very many
respects, perhaps, the greatest of all the Marshall race, and who was
Humphrey's patron and benefactor in his youth, and his ardent friend
throughout life. Col. Thomas Marshall always had employed in his
family educated Scotchmen as private tutors for his children;* and,
after the first pleasant lessons from his future wife, it is altogether
probable that such education as Hunjphrey Marshall had, he received
from these tutors in the family of his uncle.

flis SeFViees in tlae l^evolutionapy USaP.
At the age of about eighteen years, Humphrey Marshall enlisted for
a term of three years in the Virginia State Regiment of Artillery. All
accounts of his services in that w^ar now appear to be lost, except the
following records in the offices of the Commissioner of Pensions, at
Washington, and of the Register of the Land Office, at Richmond, Vir
ginia, which are here given entire ; viz :
Department of the Interior,
Bureau of Pensions,
Washington D. C, Sept. i8, 1888.
Sir : — In accordance with your request of the 12th for information of
Humphrey Marshall, an officer in the Revolutionary War from Virginia, you

* Justice Joseph P. Bradley, of the Supreme Court, in an article on Chief Justice John
Marshall, in the Century Magazine for September, 1889, says :
"His father, Col. Thomas Marshall, was an intimate friend and old schoolmate of
Washington, and was associated with him in the surveys of the Fairfax estates * * * *
His mother was Mary Keith, daughter of the Episcopal clergyman of the Parish, and
educated in the choicest English literature of that day. The home was a constant and
regularly organized school. The best English poets and historians were made as familiar
ashousehold words, and the mathematical and other sciences were not neglected. * * • *
When he had become sufficiently advanced a private tutor was procured to initiate him
into the mysteries of classical lore. Rev. James Thomson, an Episcopal minister from
Scotland, was employed for this duty."
Humphrey Marshall undoubtedly enjoyed all these advantages.

12 THE LIFE AND TIMES OF
will receive herewith enclosed, a statement on separate sheets of so much
history as is<;ontained in his application for pension. Very Respectfully, John C. Black,
Commissioner.

In July, 1832, he stated that he was a native of Virginia, and residing in
Franklin County, Kentucky ; and that he was an officer in the Revolutionary
War in t778-'9-'8o and 17^1 ; and on February 6, 1781, he became a super
numerary officer, at which date he was a Captain-Lieutenant, having been in
1778 a 3d Lieutenant , and in 1779 a First-Lieutenant in a regiment of Vir
ginia Artillery commanded by Col. Thomas Marshall of the State Line. He
enlisted to serve three years, being first attached to the company of Capt.
Elisha Edwards, and afterwards to others. He entered the service in said
regiment on January 4, 1778, as a Cadet. (There were many cadet appoint
ments during the early part and in the middle period of the war.)
John Marshall (probably a Captain in the Virginia Line), a witness,
testified that the Act for raising the above State Regiment of Artillery, was
passed by the Legislature at its Spring Session in 1777 ; and his father, Col.
Thomas Marshall was appointed to the command, and left the Northern
Army, where he commanded the Virginia Third Regiment of the Continental
Line, in December, 1777, for the purpose of. visiting his family before taking
charge of the new regiment. (The witness was then in the historic camp of
Valley Forge). Col. Thomas Marshall appointed Humphrey Marshall a cadet
or subaltern officer in the Artillery regiment. When the "term" of the three
years men expired the Virginia regiments were broken up, and the few men
who had enlisted for the war were marched into Virginia ; and the officers
not needed came home to wait until measures should be taken to procure
men. In March, 1780, the witness went to Williamsburg, where he remained
until July. In March and April he was occasionally at York, where a portion
of the regiment was stationed, and where he regularly saw Humphrey Mar
shall in actual service. A part of this regiment composed a part of the corps
which marched South under Lt.-Col. Porterfield, but he did not recollect
whether Humphrey Marshall marched with the detachment, or not ; rather
thought he did not. (Deposition taken in Richmond, Va., in June, 1832).
James M. Marshall (deposition taken in June, 1832, in Frederick County,
Va.) testified that Humphrey Marshall continued with the regiment until the
three years term of the men had expired, and it was disbanded ; and Hum
phrey was then a Captain-Lieutenant. (James M. Marshall was a Lieutenant
in the State troops, and served to the end of the war).

HUMPHREY MARSHALL THE ELDER. 13
December 19, 1782, was allowed a warrant for four thousand acres of
land to Humphrey Marshall, as a Captain, by the State of Virginia.
His death, as officially reported to the Pension Office, was July 3, 1841.

Commonwealth of Virginia, Land Office,
Richmond, Sept. 17, 1888.
Sir : I find the following in the records of this office ; to-wit :
Richmond, Dec. 14, 1782.
I certify that Humphrey Marshall was a cadet in the State Artillery in
1777 ; was made an officer in the same regiment in 1778, a Captain-Lieutenan t
on December i8th, 1779; and that he is now a supernumerary.
George Muter, Col. S. G. R.
Benjamin Harrison.
Warrant for 4000 acres issued to Humphrey Marshall December 19th,
1782. Respectfully, W. R. Gaines, Register Va. Land Office.
A letter from the Secretary of State, at Washington, in whose De
partment the military records of the Revolutionary War are preserved,
states that the name of Humphrey Marshall does not appear upon the
indices of those records, though the records themselves, if carefully
searched, might reveal some interesting matter in reference to his servi
ces in that war.
As Humphrey Marshall performed all the public duties which fell to
his lot conscientiously, and without fear or favor, it may be reasonably
assumed, in the absence of actual information, that he acquitted him
self with equal credit in the army. His courage, at any rate, is known
to liave been of the very first-class; and courage, is undoubtedly the
chief and indispensable quality of a good soldier.
^-
t^emoval to F^^^^taeky.
Collins' History of Kentucky says that "Humphrey Marshall emi
grated to Kentucky in 1780." This is evidently a mistake, since he must
have been with his regiment in Virginia at that time ; and, as we have

li ' THE LIFE AND TIMES OF
seen, his term of service as a soldier did not expire until February, 1781,
Marshall's History of Kentucky states that in the year 1780 "Col. Thomas
Marshall, who had distinguished himself by his bravery and good con
duct at the battle ot Brandywine, and then comraander of the regiment
of State Artillery" came to Kentucky on a special permit from the Gov
ernor of Virginia; and that "his immediate object was to locate land
warrants as a provision for a numerous family which he intended to
remove to the country on the restoration of peace."
Humphrey Marshall, indeed, in the 1813 edition of his history states
that it was in the fall of 1781 that he first visited Kentucky, and then
but temporarily.* John Marshall, the -father of Humphrey, came to
Kentucky in 1779, with his younger brother, Markham Marshall, and
settled in what is now Bourbon County, and' lived there until the time of
his dealsh, years afterwards.
In 1781, Col. Thomas Marshall, whose regiment of Artillery had
dissolved in February of that year, was appointed Surveyor for Payette
County, Ky. , but ' 'he was in the Atlantic part of the State, and did not
arrive in Kentucky during the year." He reached Kentucky in Septem
ber, 1783, with the view of opening an office as public Surveyor for
Payette, but this was postponed, on account of an expedition against
the Indians of the North, which occurred at that time ; and it w^as not
until late in November of 1783 that the office was actually opened, and
he began his operations as Surveyor.
Humphrey Marshall came with Col. Thomas Marshall to Kentucky
in 1783, and from that date commenced his permanent residence in "the
dark and bloody ground." He began his career here as a deputy in the
Surveyor's office ; and he had probably picked out the land to be covered
by the military land warrant for four thousand acres which he returned

* Pages 148-9.— Tbe autumn of this year (1781) introduced a greater accession of new
settlers. * * * * It was now for the flrst time that we saw Kentucky, and had our eyes
opened to the prospect of resources never before contemplated. We found the people of
the country in their stations cheerful, inquisitive and hospitable. It was delightful to see
them so delighted with the brightening prospect of security, arising from their accession
of numbers. A determination to return to the old settlement (as the phrase then was for
going into the Atlantic part of the State) and prepare for a permanent residence in Ken
tucky, limited our stay, as it circumscribed our excursions ; nor were we at any time be
yond the limits of Lincoln county. , ^

HUMPHREY MARSHALL THE ELDER. 15
to Virginia to secure, in December, 1783, on account of his services in
the Revolutionary war.
In the year 1788, Humphrey Marshall had a renoontre in Lexington
with a Mr. Jordan Harris, which shall be described in due course. The
fact is mentioned in this connection because Mr. Harris, who brought on
the trouble and got decidedly the worst of it, in order to "get even,'"
published an alleged "History of Humphrey Marshall" in a series of
communications to the Kemtucke Oazette. Under the circumstances, Mr.
Harris's statements must be taken with a grain of salt; but what he
states in regard to such facts in Humphrey Marshall's career as the
holding of office, seeking office, &c., can be allowed full credibility; and
lie states several such facts, which would otherwise have been lost. Mr.
Harris says (Kentizcke Oazette, April 5, 1788) : "The first knowledge we
had of Capt. Marshall in this country was in 1783-'83, when the bounty
of an indulgent uncle raised him from a state of extreme indigence and
obscurity, made him a deputy surveyor, and placed him as an assistant
in the Surveyor's office of the county. **«»** The Surveyor's office
w^as then kept in the fort, in this place" (Lexington).
It is, perhaps, true that when Humphrey .Marshall flrst came to Ken
tucky, he was in a measure, indigent and obscure, and without capital,
except such as was comprised by his intellect and courage. His father,
being a younger son, had inherited but little, owing to the old English
system of primogeniture which prevailed in the laws of Virginia until
after the Revolution ; and he continued through life in moderate circum
stances. The Revolution broke out before the son had reached manhood,
and the times in Virginia were not propitious for money-making by
honest men. While' still young, perhaps barely twenty-two, Humphrey
Marshall came to Kentucky, and brought some money with him — ratire,
probably, than the generalty of the settlers at that time brought, but
still the sum could not have been large. And his military land warrant
for four thousand acres was certainly valuable.
His career was a successful one, financially, from the day of his
arrival in the State, and he grew to be immensely wealthy. The bulk of
his large fortune he amassed at his practice of the law, and by invest
ments and speculations in lands, military claims, &c.

le . THE LIFE AND TIMES OF
He settled first in Lexington, and was one of the earliest purchasers
of lots in that town in 1783. * He aftei-wards lived at various times in
Bourbon, Woodford and Franklin counties, and entered or bought large
tracts in these and many other counties, and doubtless at one time was
one ol the largest single landowners in Kentucky. A young gentleman
who went to the Land Office at Frankfort recently to get a memorandum.
of the dates of Humphrey Marshall's land entries, and the number of
acres in each, for use in this work, wrote to the author: "It would
involve a week's hard work to take down what you want." There are
hundreds of such entries on the books of Register of the Land Office at
Frankfort, ranging in amount from four hundred to forty thousand acres
each. The Register of the Land Office in Richmond, Virginia, writes
that there are a great many entries of public lands in Kentucky ranging
from four hundred to four thousand acres each, in the name of Hum
phrey Marshall, on thfe books of that office.
Humphrey Marshall seemed to have had a Midas touch, and a harvest
of gold ripened wherever he laid his hands. There is a tradition in
Frankfort that it was once his boast that he could ride from that town
to Versailles, a distance of about twenty miles, entirely upon his own
land ; and that he counted his silver money by the peck, not having time
to go through the tedious process of counting it coin by coin !
All this is, perhaps, a digression, but it is matter which may as well
be related in this connection as in any other.
¦flis CQappiage.
In 1784 Humphrey Marshall returned to Virginia, and was married
to his cousin "Mary" Marshall, as she was called, at Col. Thomas Mar
shall's estate of "Oak Hill," in Fauquier County, on September 18th, of
that year. While 'Col. Thomas Marshall had settled permanently in
Kentucky in 1783, his family remained at Oak Hill until 1785, when he
removed them, also, to Lexington. Humphrey Marshall's wife was

* Ranck's History of Lexington.

HUMPHREY MARSHALL THE ELDER. 17
called ' 'Mary ;" numerous deeds of record in the Fayette County Court
are signed by her as "Anna Maria," (which is also inscribed upon her
tomb) ; and she is named in her father's will as "Mary Anne." She was
born September 19th, 1759, and was Col. Thomas Marshall's second
daughter. It is recorded of her that she was beautiful alike in features,
mind and character, and crowned with all the vs-omanly virtues. She
retumed with her husband to Kentucky, and even his bitter enemies (of
whom he had more than one man's share) gave him credit for his love
and devotion to her throughout life.

Pefsonal Cfaafaetefisties.
Being now fully arrived at manhood, married, and settled down to
the serious business of life, it may be as well to give here, as elsewhere,
that account of Humphrey Marshall's personal characteristics which
have descended to his friends by tradition, or otherwise.
He is described as having been a man of splendid physical mould,
as well as of great mental superiority. He stood six feet two inches high,
and was of a slender though Hthe and muscular build. His handsome
face was set off by a luxuriant growth of black hair, and by a pair of
piercing, coal-blaili-eyss. Ons writer [Col. S. I. JI. Major] in a brief
sketch of him. states that he gave offense to the mob, or common herd, by
"eccentricities of dress and manner." A gentleman still living, who knew
Humphrey Marshall intimately during twenty or more of the last years
of his life, says that "his dress was always very plain, being generally of
homespun, but the best and finest that could be made, and cut by a tailor
so as to fit him well and show off his fine form to advantage. His linen
was always of the finest and whitest, and scrupulously clean. In man
ners he was very graceful — the most graceful man I ever saw. He was
stately, but punctiliously courteous. It may be that he carried his
gfraciousness to .an extent that some regarded as condescension or pat
ronage. He was fond of children, and was kind, amiable and attractive
to them. At the same time he was not at all conciliatory to his enemies.
The leaders he met with haughty defiance; their catspaivs he did not
notice. The latter would abuse him, and he would treat them as if

IS THE LIFE AND TIMES OF
entirely ignorant of their assaults upon him, and this contemptuous
indifference made him more hated by such men than if he had shot at
them." Humphrey Marshall was the very perfection of physical and moral
courage, and never knew fear. It was said of him by one of his enemies,
that "he feared neither God, man, nor the devil." Impelled by an innate
honesty and candor, he never failed to give utterance to his convictions,
no matter how unpopular they might be. It was morally impossible
for him to be untrue to his convictions, and to this cause may be traced
much of the unpopularity which his enemies worked up against him
among the ignorant or unthinking masses, for whom he always had' the
most supreme contempt. Says Amos Kendall, writing of him in the
Frankfort Argus in 1834: "The old man has one virtue * * * * this is
candor. He is an ultra Federalist himself and often expressed — ^what he
always felt — an utter contempt for the great mass of the people, whom
he, in derision, denominated the 'nether end of societij ! ' "
When pursued by his enemies, Mr. Marshall boldly faced them with
a blistering tongue and a. biting pen. He was an avowed Federalist at a
time when Federalism was as unpopular in Kentucky as Toryism had
been in Virginia during the Revolutionary War. As to the Tories them
selves who remained in the States after the close of that ¦war, he gave
offense to the public because he advocated the policy of treating them
with common humanity, and of affording them the protection of the
law^s of the country. He stood in the way of some men with his out
spoken, unselfish views, and they were not slow to use against him, with
the ignorant, the many means which he, in his irrepressible candor,
contiiiually offered them. The New York Herald of June 1st, 1803 (Wm.
T. Coleman, editor,) says: "In Kentucky, Federalism is of all political
sins deemed the most mortal, and the charge of it once proved on the most
popular man in the State would as effectually terminate his political
respectability as a conviction of sheep stealing would ruin his moral
character." At the time they were written, these words were true. But as
if his Federalism, boldly avowed, was not club enough in the hands of
his enemies, "Old Humphrey,'.' (as he was nearly always called) must
needs be skeptical in his religious views, and let that be known also.

HUMPHREY MARSHALL THE ELDER. 19
This, in the midst of an intensely religious community, doubtless added
the cap-sheaf to his offensiveness. He was not only an avowed disbe
liever in all forms of revealed religion, but an active and aggressive
enemy to them. He wrote infidel tracts or pamphlets and printed them
at his own expense, and the doctrines of these perhaps rankled like
poison in the breasts of a people then sincere, serene and undisturbed in
their faith ; and doubtless in raany instances made for him enemies of
people who might otherwise have been his warm friends. At any rate,
we may w^ell believe that his prominent enemies, many of whom were
doubtless as unbelieving as he, but who obscured their real convictions
under an assumed odor of sanctity, did not leave undeveloped so fruit
ful a source of unpopularity. These infidel pamphlets have perished
from the face of the earth. It is believed that they were collected' and
destroyed by Mr. Marshall's relatives many years ago.
While Humphrey Marshall's sincerity, honesty of purpose and integ
rity of character are now freely admitted and greatly admired by every
disinterested student of Kentucky history, yet it must be admitted that
in the midst of his career he was sincerely execrated by his numerous
enemies, who gave him credit for no good quality, accused him freely
of nearly every crime in the calendar, and referred to him generally as
"the sum of all villainies;" and there are not lacking, even in this day,
some who would adorn his character with the blackest and the vilest
coat of paint that could be made to stick.
But after all, the people knew almost instinctively that Humphrey
Marshall "would do to tie to," to use the homely phraseology of his
times ; and so we shall see in the course of this sketch that he was rarely
defeated when he offered for office, notwithstanding the ceaseless
machinations of his powerful enemies, and notwithsfending the hope
less minority and general offensiveness of the Federal party in Ken
tucky in his day and generation. It was in times of crises that he was
invincible ; when the measures of the opposition party ended in signal
failure, and the schemes of its leaders, (generally his enemies) went
down in defeat or, as was sometimes the case, in the odium of exposure,
it was then that the people tumed to Humphrey Marshall as to an anchor
sure and steadfast.

20 THE LIFE AND TIMES OF

Rs a liaoayep.
As Mr. Marshall went into the Revolutionary army , when only
eighteen years of age, his legal studies must have been desultory. It is
not known with whom he studied law, but it must have been while he
was a deputy in the Surveyor's office in Lexington, for he is known to
have been a practitioner as early as 1785. He practiced law, more or
less, to the end of his life, though he generally conducted extensive
farming operations also. He was an able and successful lawyer. His
remarkable vigor of intellect, at once acute and comprehensive, and his
great powers of concentration made him one of the very ablest, if not
most learned, lawyers of the State. He was an exceedingly able con
stitutional lawyer, an aggressive and very bold advocate, a strong
debater, and his success was ever commensurate with his talents and
ability. It was as a lawyer, in 1785, that he discovered a flaw in the McAfee
survey of the land whereon Frankfort now stands* (the survey having
never been recorded at Williamsburg) and he at once located a claim
covering almost the entire site of North Frankfort. There were then
no settlers on the McAfee survey, and McAfee himself did not then or
afterwards make any assertion of his claim, having located and entered
other surveys in what he doubtless considered more desirable localities.
Mr. Marshall afterwards made Frankfort his home, and he was the
friend of the town to the end of his days. He even stops long enough
in his History of Kentucky to defend Frankfort from the sarcastic
onslaught which Henry Clay made upon it in a famous speech in the
Legislature, in 1^06, when an almost successful effort to have the seat
of government removed to Lexington w^as made.

, * Perrin's History of Kentucky, page 2go. — "The land on which Frankfort stands was
surveyed as early as 1774 by the McAfees, but these adventurers, finding richer lands
elsewhere, neglected to record the plat made. ^ The survey was well known, however,
aud subsequent locaters were careful not to infringe upon its boundaries. Thus the adja
cent lands were entered at various times, np to 1789; the omission of the McAfees
escaping notice until 17S5, when Humphrey Marshall learned of it, and promptly took
advantage of the fact to enter it for himself. The following year Frankfort was estab
lished as a town."
Mr. Marshall also owned the present site of Covington, at one time.

HUMPHREY MARSHALL THE ELDER. 21

fieginning of flis Public CaPcep.
When Humphrey Marshall settled in Kentucky his rare and com
manding talents and great force of character, together with his insa
tiable desire for official position, soon put him into public notice and
gave him a front rank among the leaders of the day. First and last, he
was often honored with office. First, he was deputy surveyor of Fayette
County, in 1783 ; then Deputy Lieutenant of Bourbon County at its
formation in 1785 ; in 1787, and again in 1789, he was a member of the
Convention at Danville .preliminary to the formation of a State Consti
tution ; in 1787 a delegate from Kentucky to the Virginia State Conven
tion which ratifled the Federal Constitution ; in 1790 Surveyor of Wood
ford County ; in 1793 and 1794 a member of the Lower House of the
Kentucky Legislature from the same county. In 1795 he was elected
United States Senator from Kentucky, serving until 1801 ; and his advo
cacy, in this body, of the Jay Treaty, which was very unpopular in
Kentucky, and his vote to ratify it, gave his enemies a pretext to under
mine him with his people which they knew well enough how to use, and
did use. They then delivered to his popularity a blow from which it
never fully recovered. "But," says Col. Major's sketch, "^vhen driven
from larger fields, he centered his aspirations upon offices within the
gift of the people of the county in which he resided." In 1807, 1808,
1809 and 1833 he represented Franklin County in the State Legislature ;
and he was defeated for the same position in 1810, and again in 1813. In
1813 and 1813 he was Chairman of the Board of Trustees of the Town of
Frankfort. This enumeration, it is believed, comprises every official
position he ever held, large and small, exclusive of those which he held
in the army.
To the ire of Mr. Jordan Harris, whose rencontre with Mr. Marshall
in the streets of Lexington in 1788 has been mentioned, we owe the
following contribution to the history of Humphrey Marshall which,
though highly colored, is racy; and it is doubtless true as to events,
however inaccurately Mr. Harris' prejudices may have led him to view
those facts:

22 THE LIFE AND TIMES OF
EXTEACT FEOM LETTEE OF JOEDAN HAEEIS.
[Kentucke Gazette, April 26th, 1788.]
He [Humphrey Marshall] accordingly ofiered himself for the General
Assembly,* but was rejected by the people. * * * * Soon after this we find
him offering himself in opposition to the separation from Virginia, and.
placing much confidence in his oratorical powers, he ventured to harangue
the people upon the occasion. The issue of that attempt is well known to
all, and again terminated in Mr. Marshall's disgrace and disappointment. * *
* * Again, the veneration due to a long course of political experience, the
gratitude due to a benefactor who had raised him from the dust, and the
strong ties of filial duty were not sufficient to- prevent his appearance in
opposition to Col. Thomas Marshall. * * * * Again defeated, he was not
proof against this discomfiture. It shocked his vanity, wounded his pride,
appalled his vigor, and was received as the death-blow of all his political
hopes in Fayette County. He therefore determined to change his residence,
and as apian was in agitation to divide the county of Bourbon, he conceived
he could nick the time to a hair, and by seasonable application procure from
the Legislature a portion of those honors and that power for which he panted,
and which the people stubbornly denied him. For this purpose he made
application to Col. Crockett and Capt. Fowler, the delegates of Fayette
County, to nominate him for the Lieutenantcy of the new county.
It appears that this office had been promised to another, and Mr.
Marshall then applied for the Deputy Lieutenantcy. "It was then
urged," adds Mr. Harris, "that it would be inconsistent to nominate him
to any office in a county in which he did not reside ; and to obviate this
objection he pledged his word of honor that he would be a resident
therein before the Act could possibly pass the Legislature!"
It is impossible that Mr. Harris's statement that Humphrey Marshall
ran against Col. Thomas Marshall for any office can be true. It may be
true that Fayette County sent several delegates to the Virginia Legisla
ture, and that bot?i were candidates and Humphrey was defeated. (Col.
Thomas Marshall and John Fowler were elected in 1786). But they
were in no sense candidates against each other. Col. Marshall, as has
been observed, loots the benefactor of his nephew, but not any more than
he should have been ; and Humphrey Marshall never did repay him with

* Perhaps in 1782 or 1783.

HUMPHREY MARSHALL THE ELDER. Z)
ingratitude, but admired him above all other men, loved him more,
perhaps, than he did his own father, and stood by him at all times, and
under all circumstances. His History shows how he venerated his uncle.
The uncle and nephew were always friendly. Col. Marshall in his will,
' made in 1798 and probated in 1803, named his sons Thomas and Alexan
der K., and his nephew and son-in-law, Humphrey Marshall, his execu
tors, which he certainly never would have done had Humphrey acted
toward him as Mr. Harris represented. To his daughter "Mary Anne,"
Humphrey's wife, he specifically bequeathed, in addition to what he
had already given her "500 acres adjoining Crittenden's pre-emption;"
also 400 acres on the Ohio, at the mouth of Hardin's Creek, and large
tracts of military lands.
Another position of importance, not official in any sense, however,
which Humphrey Marshall occupied about this time, was that of a,
member of "The Kentiicke Society for Prornoting Useful Knowledge ;" * with
headquarters at Danville. This Society was designed to diffuse useful
information to farmers, mechanics, and, indeed, to every class of citizens
of the new^ country, in contradistinction to the politicians. It appears

* The following advertisement appeared in the Kentu(;ke Gazette of December i, 1787 :
Whereas, the subscribers to the proposals for establishing a society to be called The
Kentucke Society Jor promotine useful I^OTuledge, were prevented from meeting on the
fourth Monday in September last, according to appointment, and as it is probable that a
meeting of the subscribers can not in any short time be had, and absolutely necessary
that something should be done for the benefit of the Society without further loss of time,
it is proposed by sundry subscribers that a Select Committee, Curator, and Treasurer
shall be ftjrthwith chosen by the subscribers in the (only) manner which their dispersed
situation will, at present, admit of. The Committee, Curator and Treasurer to act in their
several capacities till a meeting of the subscribers can be had.
£ach subscriber is therefore requested to forward to Mr. Thomas Speed, at Danville,
before the first day of February next a list of suSh gentlemen as he chuses to constitute a
Select Committee; and also the names of such gentlemen as he wishes to, be appointed
Curator and Treasurer.
It is proposed that such gentlemen as are found, on the said first day of Feb. next, to
have a majority of snch votes in their favonr as have then come to hand, shall be a Select
Committee, and act as Curator and Treasurer, till a meeting, as above mentioned, can be
had. A list of all the subscribers is hereunto subjoined, and it is necessary to observe that
the Select Committee shall consist of seven members, including the chairman, who is to
be chosen by the committee.
Geo. Muter. Step. Ormsby. 'Will Irvine. Robt. Barr.
Sam. McDowell. J. dverton, junr. Chas. Scott. Hor. Turpin.
Harry Innes. J. Brown. Levi Todd. Robt. Johnson. '
Tas. Speed. 1?'"'' Jon^tt- James Parker. John Craig.

"will McDowell. 'Tho. Allin. Alex. Parker. Jas. Garrard.
Willis Green. Rob't Todd. John Fowler. Isaac Shelby.
Thos. Todd. Jos. Crockett. 1°'"* Coburn. David Leitch.
Thos. Speed. Ebenr. Brooks. Geo. Gordon. H. Marshall.
Gabriel J. Johnson. T. Hall. Alex. D. Orr. Christo. Greenup.
Joshua Barbee. Qaleb Wallace.

2i THE LIFE AND TIMES OF
that he was not a member of the famous "Political Club," also seated at
Danville, which was formed in 1786, for the discussion of political sub
jects, and which lasted until 1790. Indeed, Col. John Mason Brown, in
his admirable "Centennial Address" at Frankfort, in 1886, says: "As
far back as 1786, the 'Political Club' at Danville, had black-balled Mr.
Marshall. * The affront was never forgotten or forgiven, and each
member of it from that time lived under his gloomy suspicion of all
that was disloyal and dishonorable."
Many leading men of the times belonged to both of these societies,
and Humphrey Marshall, black-balled by the "Political Club" in 1786,
had no difficulty, it appears, in gaining admittance the following year
to the "Kentucke Society," although it numbered among its members
many of those men who were subsequently affected by his alleged
"gloomy suspicions." To the disinterested student of Kentucky history
it will appear probable that his suspicions against some of these men
rested upon more substantial grounds.
The Vipginia Convention.
The year 1788 was replete with memorable events in the history of
Kentucky, and in these Humphrey Marshall was a distinguished actor.
In this year the State ,of Virginia held her convention for taking into
consideration the adoption of the present Federal Constitution. Each
county in the "District of Kentucky" was entitled to send two delegates,
and Humphrey Marshall was one of the delegates from the county of
Fayette. The adoption of the constitution was an extremely unpopular
measure in Kentucky, except, perhaps, in Jefferson County. The elec
tion of Mr. Marshall from Fayette County, which was the hot-bed of the
opposition, appears strange, as he was a Federalist from the very first of
his political career. All the Marshall family were Federalists, and he
was the most extreme Federalist among them. His eldest son, born in
1785, he named John Jay, and this fact is significant. And there is reason

* The Political Club black-balled Mr. Marshall by a vote of 8 to 5. Other prominent
men of the day black-balled by this Club were Willis Green, John Reed, jr., and Maurice
Nagle.

HUMPHREY MARSHALL THE ELDER. 25
to believe that ho made his canvass for election to the convention upon
the platform of the ratification of the constitution — mith certain amend
ments \ but of this fact there can now be no certain proof adduced. He
was impressed as a soldier, and again as a pioneer to Kentucky, with the
inefficiency of the old Conferation. As a soldier, before he had reached
manhood, he saw the necessity of a government with the power to
enforce its own laws. As a pioneer, he was constantly a witness of the
inefficiency of the Confederation to protect the people from their savage
foes, and the inadequacy of the States for that purpose. He wanted a
government clothed with all the necessary powers for national purposes,
and with the authority to give effect to those powers, and not to hold
and exercise th^m at the discretion df the States, and subject to con
tinual vetoes and defeat by the latter. Therefore, it almo.st necessarily
follows that he went to the Virginia Convention strongly in favor of the
ratification of the constitution, unpopular as the measure was in Ken
tucky. * The adverse feeling there had been worked up by the leading
men of Kentucky, most of whom were opposed to the "scheme of a more
perfect union" upon grounds that appeared reasonable, and wer6 then
tenable. It would be going too far to say that more than a few of them
were opposed to it upon private and personal grounds, and for illegal
purposes. The biographer of John Jay says that most of the opponents
of the constitution, not only in Kentucky, but throughout the Union,
were "men who wanted to be little kings at home!"
Mr. Marshall was of considerable weight in the Virginia Convention.
Not that he was prominent as a debater on the floor, for that he was not.
Many public men were never prominent or conspicuous in that way in
deliberative bodies, and among these may be named Washington and
Jefferson ; but it virould certainly be erroneous to conclilde that on this
account they were without very great weight in controlling the action
of such bodies. ,
Mr. Marshall voted for the ratification of the constitution, as did two
others out of the fom-teen delegates from the District of Kentucky ; to-

* Butler, p. 167. — "Mr. Humphrey Marshall says the first copy of the Federalist he
saw was in the hands of George Nicholas, when the former was on his journey to meet
with the above memorable convention."

26 THE LIFE AND TIMES OF
wit : Eobert Breckinridge and Rice Bullock, of Jefferson County. These
gentlemen, although representing a constituency at that time Federal-
istic, were brought under a strong pressure from Kentucky to throw their
weight against the constitution ; and it is stated that but for the influ
ence of Humphrey Marshall they might have done so. He, defiant upon
all occasions, was particularly ,so upon this one ; and his influence with
Breckinridge and Bullock induced them to stand with him for the con
stitution. The weight of these three Kentuckians, * from a country sup
posed to be unanimously hostile, helped greatly to turn the tide which
had at first set in strongly in opposition to the adoption of the Federal
Constitution. The adoption of the constitution in the Virginia conven
tion was carried by a majority of only ten votes ; and a distinguished
Kentuckian, now^ living, who has made a study of the history of that
convention, gives it as his opinion that the adoption of the constitution
by Virginia was brought about by the action of Humphrey Marshall
more than by that of any other one man ; and that except for him the
measure would have been defeated in the "Old Dominion."
I One object of this work being to allow the subject to tell his own
story, so far as may be feasible, the account of this convention given by
Mr. Marshall in his history of Kentucky is here inserted ; as follows :
In the meantime, also another subject of great interest had been thrown
upon the public mind, and mingled itself with the other topics of conversa
tion. It was the Federal Constitution, formed in 1787, aud now offered to

* Butler, p. 166. — "The two members from the county of Jefferson, the venerable
Robert Breckinridge- lately deceased, and Rice Bullock: and Ifumphrey Marshall, from
Fayette, now silvered with years and public services, had the honor to enroll their names
in favor of the constitution, and thereby the ever enduring renown of having contributed
to preserve the fruits of the Revolution: and to allow it the opportunity of ripening into
the present glorious harvest of, liberty, happiness, plenty and peace." [1834.]
Perrin, p. 277. — "Of the Kentucky members, Rice Bullock, Robert Breckinridge and
Humphrey Marshall voted with the majority, the latter alone disappointing his constitu
ents. When the result of the convention was known in Kentucky there was a deep feel
ing of resentment and disappointment experienced, especially in regard to the conduct of
Mr. Marshall. He undoubtedly acted upon the proper view of the relation of represen
tative and constituency; and provided he made no expressed or implied engagement to
act otherwise (of which there is no evidence) the member from Fayette can not reasona
bly be charged with a violation of good faith. But the people did not view the matter in
so calm a manner, and the independent delegate narrowly escaped the violent expression
o'f his constituency's displeasure."
Collins, p. 268, Vol. I.— "Nearly every leading man in Kentucky, and an immense ma
jority of the people were warmly anti-federal; yet three of the Kentucky delegation, one
from Fayette and two from Jefferson, vote(i in favor of its adoption. The member from
Fayette was no other than the veteran historian of Kentucky, Humphrey Marshall who
certainly voted against the opinion of a majority of his constituents." '

HUMPHREY MARSH^iLL THE ELDER. 27
the adoption of the American people. It is confidently believed that the
advocates for immediate, in other words, violent separation, of which there
were more than a few, were universally opposed to the adoption of this Con
stitution. Many there were who became opposed to it who were in favor of
a regular seperation, in consequence of objactions which they heard ; and
others, from the same cause, who were opposed to a separation on any terms.
Of the last it may be remarked that they had not much to say ; while the tone
of public opinion was certainly given by the first.
The most common and ostensible objection was that it would endanger
State rights and personal liberty — that it was too strong. While, neverthe
less, the existing Confederation, weak and inefiScient, was not only a cause of
complaint but a subject of ridicule to some of those very men. It was, they
said, a rope of sand, a sovereign without subjects, a body whose head could
not move its limbs ; a thing to be pitied, not feared or respected. Tbis was
but too true ; and yet, that those who set out its defects should be opposed to
the constitution which promised a remedy for them involves no contradiction,
will be apparent upon the introduction of a third idea, which is to be devel
oped and elucidated in the course of this history ; and that is a ccmtection
between the Spanish provinces and Kentucky, under the protection of his Catholic
Majesty, at tliat time contemplated, and known to be incompatible with Federal
relations. The scheme of tbis treachery was yet, however, managed with
much caution, as the pnblic mind was thought not to be prepared for it ; that
it must await events already in embryo, and, as it was hoped, fast approach
ing maturity. The rejection of the proposed revisal of the government of the United
States was, without doubt, anticipated as an event of the most flattering
promise and. importance, by the Spaniardized republicans.
There were, indeed, in Kentucky, many respectable and well-informed
citizens who could not give their entire approbation to the Constitution then
offered to them, but who, nevertheless, were not willing to lose it, aiid whose
wish it evidently was that it should be adopted with some amendments. But
whether amendments were to be prior or subsequent to the ratification, pro
duced a question not free from difficulty.
A crisis more important to Kentucky had never occurred. The Legisla
ture had authorized each county in the Commonwealth to elect two members
at the general election in April, to meet on the ensuing June at the seat of
government for the purpose of accepting or rejecting the new federal consti
tution. At the same election were also to be chosen five members, it will be
recollected, in each county, to form a convention at Danville, tvhose business
it was to form a constitution for the proposed State of Kentucky.
These elections now approached, and it seemed to be with the great mass
of the people, (who, it is to be confessed, seldom see speculative objects in

28 THE LIFE AND TIMES OF
politics with very clear discrimination) settled into an opinion that the ratifi
cation of the Federal Constitution was to be rejected for want of previo-iis
amendments — with the exception of Jefferson county, where public opinion
at that time was governed by strong federal views and wishes.
The requisite number of members were everywhere elected, and without
a failure, it is believed, took their seats in the convention, attended a session
of three weeks, and voted on the question of ratification — eleven against, and
three for it, Humphrey Marshall from Fayette, and the two members from
Jefferson — under a conviction that previous amendments, amidst the divided,
agitated and conflicting opinions and views of the popular leaders throughout
the continent, were impracticable — that the attempt would hazard the exis
tence of the Union — whereas, by the adoption of the constitution, aU, would
be secured. Time and experience have proved the correctness of that course.
The vote for ratification took place on the 20th of June — eighty-eight to
seventy-eight — Virginia being the tenth adopting State. And thus were de
feated many factions, no less hostile to the Union than that embodied as "The
Hartford Convention." In Kentucky it was deeply felt and strongly censured
by those who were themselves personally implicated, and who had yet influ
ence enough to sway popular opinion. A strenuous effort was made to direct
this against the Fayette member, who had voted for the constitution, and not
without effect. He had, it is true, been abundantly forewarned of the lo'ss
of popularity while in the convention, and admonished that it was Mr.
Brown's decided opinion, rendered in a letter to a member, that the constitu
tion ought to be REJECTED. This, however, was not his first sin against the
light and knowledge of" such men. He had participated in the active scenes
of the Revolution ; heard the want of power in Congress often deplored, and
witnessed its defects as to Indian affairs and the Union generally, to which he
¦was strongly attached. He had also been an observer of Gen. Wilkinson's
conduct, which was not to be accounted for upon legitimate motives ; and he
deemed the new constitution an important improvement of the Federal sys
tem, 'after hearing it ably discussed. His own convictions he could not
violate ; these taught him that he was subserving the real interests of his con
stituents, and according to these he acted, putting to hazard and at naught
his own popularity ; thinking, withal, for his experience was then in its bud,
that the people possessed intelligence and justice enough to perceive and
applaud the propriety of the course pursued. '
Strange as it may appear at this distance of time, and in the light of
subsequent history, Humphrey Marshall's course and vote in this con
vention were made the pretext for representing him to the people at
home as a man who had betrayed his trust, gone against the interests of
his people, and was therefore unworthy of further confidence or respect.

HUMPHREY MARSHALL TBE ELDER. 29
It was continually recurred to, also, for years afterwards, as a matter of
reproach to him. In 1806, nearly twenty years after, during the agita
tion and commotion which attended the exposure of the so-called
"Spanish Associates" by the Western World newspaper at Frankfort, Mr.
Thomas Bodley, in defense of several of the implicated parties, brought
on a newspaper controversy with Humphrey Marshall, in which, while
acknowledging the benefits of the Union and commending the wisdom
and statesmanship which had brought it about, he made it a matter of
complaint against Mr. Marshall that he had voted in the Virginia con
vention for the adoption of the constitution 1 _ To this Mr. Marshall made
the following reply : *
If there ever was a man {and the fact cannot be denied) who voted on
any public question from pure motives, from a high sense of public trust, from
the full conviction of his best judgment, and from a perfect conception of
his standing and responsibility, I am bold to say that, on that question, I was
that man. Nearly twenty years have elapsed since that vote was given ; it
has been the subject of much invective with my enemies, it has been an
object of much refiection with myself. This is the first time I have noticed
it publicly, and will probably be the last ; and I now solemnly declare (and
my adversaries are welcome to the full extent of it) that if the same thing were
tb do again, under the same circumstances, I am the man who would do it ;
and, greatly daring, (in the opinion of my adversaries) to save my country I
WOULD sacrifice MY POPULARITY ! But upon that occasion I was not punished by
the people to the full extent of my deserts, for on my return home the next
"yearf they elected me to the convention which was to determine, and did
determine, on the legal separation which afterwards took place. But what the
people did not chuse to do, the Spanish Associates, their minions and to,ols have
executed with ample measure. Now whom did I offend by that vote, the
people, or the Spanish Associates? * * * * [Here Mr Marshall states explicitly
and voluminously that he made no pledge to the people to vote against the
ratification of the constitution, and that he had no instructions from them so
to vote. — Author.] * * * * Thus stood the case, and I had no means of con
sulting my constituents, nor did I deem it necessary. I stood in their place,
and it was necessary only to understand the public interest, and to pursue it
according to my best judgment. And notwithstanding I found that a great
majority of the Kentucky members were against the adoption, and although

* Kentucky Gazette, October 13, 1806.
+ 1789.

¦^ THE LIFE AND TIMES OF
^I was kindly admonished that I should lose my popularity ; yet committing all
to my conscience and my coimtry I voted (and 1 glory in it !) the United
States from anarchy to order, from despair to hope, from poverty to afSuence,
from impotence to pov/er, to public security, and to private happiness — ^for
such has been the effect of adopting the constitution. * * * *
But this vote of adoption was to the Spanish Associates "the unkindesfc
cut of all." It must have appeared to them, and will nov/ appear probable,
in a retrospective view, that in the debilitated and weak state of the old con
federation, which hardly kept the States together at that time, that but for
the change of government tbey might have carried their scheme into effect.
On the subject of not receiving Kentucky into the Union and on the subject
of the navigation of the Mississippi, there is much reason to apprehend that
the people of Kentucky might have been irritated into a declaration of inde
pendence, and into a connection with Spain.
The adoption of the new and energetic government, which held out to
the people the promise of those blessihgs which it has since realized, was
therefore to be deprecated by those who were intriguing for a dismemberment
of the Union.
This new government not only held out to the people a new and inter
esting object of attachment, but it held up to \^ehAssocicites an image of power
which appalled them. It was necessary to make, before the new government
was put into motion, their utmost efforts for a declaration of independence;
-and, accordingly, it was made, and failed, in 1788. * * * *
For this vote of adoption the Spanish junto raised the cry against me,
and they have foundyelpers to repeat it, upon all suitable occasions, frora that
time down to the days of Thomas Bodley. * * * *

The flffaiP initla Jof dan fla»i»is.
With the opening of the year l'?88, an attack was begun upon Hum
phrey Marshall all along the line, upon the occasion of his candidacy for
delegate to the Virginia constitutional convention. His vote a short
time afterwards in that convention for the ratification of the Federal
constitution gained for him the hatred of certain men who, as Mr.
Marshall himself charges, had in view other arrangements for the dispo
sition of Kentucky, and whose plans were thwarted, or, at least retarded,
by the adoption by Virginia of the "scheme of a more perfect union."
He had been threatened with the loss of his popularity in Kentucky If
he persisted in voting fbr the adoption of the constitution, but he voted

HUMPHREY MARSHALL THE ELDER. 31
ior it, nevertheless ; and soon measures to carry the threat into execution
¦\vere adopted.
His defeat as a delegate to the convention was ardently desired by
his enemies, as they well knew^ what his course would be should he
be elected. Rumors and charges affecting his character were circu
lated freely. In the Kentiicke Gazette of February 23, 1788, Mr. Marshall
printed a card protesting against the violent assaults upon his character,
from which the following extract is taken :
When a combination of men persevere in a violent opposition to one
man, there is reason to believe that one side or the other is extremely to
blame, and hence the necessity of a candid inquiry. If the party oppose this
individual merely in the political line, and do not descend to attack his private
character, this, it must be supposed, can proceed from nothing but a diversity
in political sentiment. * * * * But my enemies do not pretend to lay hold on
my political sentiments, though frequently and fully expressed ; yet it is
my progress in the political line which they would wish to obstruct. And in
order to effect this they attack my private character, and endeavor to bring
me into contempt among my fellow-citizens. * * * *
Now, it is a fundamental principle with me neither to insult nor injure any
man without cause. And as I am totally ignorant of having done anything to
deserve that train of vulgar epithets, too gross to repeat, which have been
thrown upon me by licentious tongues, I request those people, I demand it of
them, I defy them, to exhibit a. charge of the facts against me which will
justify their conduct. Let them commit the facts to writing * * * * and let
them make their mark or sign their name. And to this I will appear. ¦
It seems from this that the attacks upon him were not from any
known responsible source, at least generally. But that the author of
(me of them was sufBciently known will appear from the following lan
guage used by Mr. Marshall in another card in the same issue of the
Oazette: "I have been told that a certain Jordan Harris asserted in a
public and very positive manner that I had acknowledged myself a liar
and scoundrel in a letter to Major Crittenden. This letter was merely
private, but since the motive which procured it and the matter it con
tains have both been mistaken and misrepresented, I demand the publi
cation of the genuine letter from under my own hand. The public will
then see who is the liar and scoundrel."
The letter to Major Crittenden was subsequently published. It

S2 THE LIFE AND TIMES OF
appears that Major Crittenden had asked for some information about ai
certain tract of laiid which he had bought, or contemplated buying, and
that Mr. Marshall, of whom the information was asked, gave him the
information, which was perfectly correct as far as it went, but for
reasons of his own he did not state all that he knew about the land.
Afterwards when taxed by Major Crittenden with concealing a part of
his information on the subject, he replied in a very friendly letter, giving-
Ms reasons for his action, stating that he was under no obligation to
give any part of the desired information, and adding these words, upon
which Jordan Harris's charge against him was founded; to-wit: "You
know. Major, that it is not always necessary to tell the whole truth
under all circumstances."
But Mr. Harris was insulted by Mr. Marshall's card calling for the
publication of the letter to Major Crittenden, and he resolved "to give
him a caning," and did actually assault him with two jpistols, both of
which he fired at Mr. Marshall, who then "boarded him" with a stick,
belaboring him so lustily that he precipitately left the field. This affair
occasioned something of a sensation at the time ; and as each of the
parties soon afterwards published his own account of it in the Gazette,
both accounts will be given here.
JOEDAN HABBIS'e ACCOUNT. *
Mr. Bradford * * « « Mr. Marshall having, in your paper of the 23d'
inst., offered me an insult, I determined to punish him for the same the first
time I saw him. This happened in Lexington on the 27th of February, when
Mr. Marshall passed through the town. I followed him on horseback with a
brace of pistols.; and, having strong reasons tob,elieve him a coward, intended
just to have caned him ; but when I came near him I thought it would be but
generous to give him an equal chance, and with this intent I took the pistols
in my right hand and offered him his choice. Mr. Marshall refused the pistol,.
and at the same time aimed a blow at the small of my arm, which was ex
tended toward him, with a cudgel which he carries. He struck me, but not
with such force as to destroy the use of my hand, at which, being enraged at
the unmanly advantage which he meant, I turned the pistol and, as he dodged
about, fired it at him ; but, from the motion of my horse and Mr." Marshall's
dodging, I missed both fires. I then rode to town for a supply of ammunition,

* Ke. Gazette, March 8, 17

HUMPHREY MARSHALL THE ELDER. 33
when the interference of my friends stopped the affair. If I acted improperly
in this affair I must plead my passion in excuse to the public ; but I hope I
was justifiable, for if Mr. M,arshall had broke my arm, which I am certain
was his intention, I have no doubt but he would have taken my life !
KUJIFHEEY MABSlIALI/'S ACCOUNT. *
* « * * jje thus sets out most courageously, on horseback, with a brace of
pistols, avowedly to kill me (as witness the gentlemen present) tho' he says,
having strong reasons to beliez'e me a coward, only to have caned tne. This was
very kind in Mr. Harris, indeed, but why the pistols ? * * « * When he came
up to me at the end of the lane in Lexington, accosting me in the words of
friendship, tho' with a jesture and tone of voice which gave them the direct-
est contradiction, he instantly after asked me if I would take a pistol. With
a look of the utmost contempt I asked what he meant, and if I had injured
him. He swore most violently that he would let me know, and that if I did
not take a pistol he would put me to immediate death. I then told him that
I would not take a pistol. He, with the same violence as before, repeated his
oath that he would put me to instant death. He talked nothing of his cane,
but presented his pistol. Till that moment I did not think Mr. Harris so
much of an assassin as to fire. It was then, however, time to defend myself,
and I immediately levelled a blow at the pistol and deranged it. I could,
with the same ease have given it to him over the head the instant before.
Gentlemen who saw me raise the stick and saw the fire of the pistol, can tell
whether there was time for the many maneuvres which Mr. Harris describes.
The poor soul seems to think that I aimed the blow at the small of his arm ;
what could have possessed him of that idea is more than I can devise, for I
believe even his most partial friends never suspected him of much sagacity.
And I should suppose he could only judge of the intention by the action,
which operated on the pistol and the end of his finger. His arm, he acknowl
edges, was extended towards me ; and he is sure that I intended to brake it, and
is certain that if I could have broke his arm I would have taken his life. This
is really a most distressing conclusion, from premises the most pitiful. It is
worthy of being told to his grandmother. The cudgel he talks of is the stick
his- Uncle Ratha attacked me with, it is needles to say where, or with what
consequence. But, to bestow a little more attention upon our hero, as this is
the last time I intend to take the least notice of him. He says much of dodg
ing. I never knew till now that rage, berhaps fear had the same effect upon
some men as drunkenness. The drunken man, whose head turns round in
cessantly, thinks every one he sees drunk and reeling. The dizzy eyes and

* Ke. Gazette, March 15, 17

Si THE LIFE AND TIMES OF
trembling hand of Mr. Harris at once account for the dodging which he so
frequently mentions. How, indeed, could I dodge, when I received the first
fire on horseback at the distance of six or eight feet ? And finding that I
could not get my horse up, as he had taken fright, (for I confess that I then
intended to have knocked him off his horse, and this upon a principle of self-
defense), I dismounted ; and advancing, received the second fire at the distance
of four feet. But how did our champion behave after discharging his pistols ?
He saw that they had not taken effect ; that was certainly a very proper tirae to
have caned me. But he tells you that he rode to town to get a supply of ammuni
tion — some fifty or an hundred weight, I suppose, to attack an unarmed man ;
and that the interference of his friends put an end to the affair. I am well in
formed that some of his friends assisted him to load his pistol (for he had left
one on the ground) and that he swore in the former strain that he would put
me to death ; if not then, afterwards, even if it should be privately ; and that
Mr. Hogan's offering to meet me and lend me his rifle put an end to the affair.
I have not yet told that his flight to town was after I had boarded him with
his uncle's stick, and after he had made several faint attempts to stand, which
was seen by several people in town ; * at once giving an example ot rashness
and timidity ; at once showing that a man who is capable of attacking like a
villain, is also capable of flying like a poltroon. Mr. Harris, however, would
make you believe that he has recovered his wonted courage. He tells you
that he has since put me to a fair trial; that is, he has sent me a challenge,
which I declined without returning him an answer. * * * »
It seems from this that Mr. Marshall had previously had an encounter
with Mr. Harris's uncle, from whom he had captured the cudgel which
he habitually carried, as a trophy of the victory, perhaps. In one of his
subsequent communications to the Gazette, Mr. Harris alludes to an en
counter whioh Mr. Marshall had had with a Major Martin. Says he;
"The Major made certain pugnatioiis applications to his cranium which
divided one of the temporal arteries, and rendered a surgical operation
necessary to stop the effusion of blood." There is no further account of
this affair, of which we have Mr. Harris's version only.
For several weeks after this Mr. Harris used the columns of the
Gazette freely with an alleged history of Humphrey Marshall, several

* One of the witnesses of this affair was Gen. Charles Scott, who is said to have put
his arms akimbo and laughed heartily at it, saying: "By G  , I haven't seen such a de
feat since the battle of Monmouth I " It so happened that Gen. Scott afterwards became
the subject of Humphrey Marshall's ridicule, and there is a tradition that so keenly did
he feel it, that when he became Governor of Kentucky he let it be understood that any
body who should kill "old Humphrey Marshall" might expect the benefit of full execu
tive clemency. »

HUMPHREY MARSHALL THE ELDER. 35
extracts from which have already been used in this work. It was very
offensive throughout, and the language used, and the epithets applied
by him to ilr. Marshall v/ere often absolutely vile. Mr. Marshall,
how^ever, paid no attention to them, at least in the paper. * It is true
they called from him one other communication, but in this he contempt
uously brushed Mr. Harris aside as the ignorant catspaw of craftier but
more prudent men. These he appealed to to come out from behind the
cover of their tool and to say what they had to say about him like men ;
and to these promised a full and satisfactory answer. Indeed, during a
portion of the time that Mr. Harris's numbers were being published, Mr.
Marshall was not at home. In the Gazette of April 30, 1788, he notifies
his clients that during his absence Capt. T. Marshall would attend to
their business.
In reference to the epithets bestowed upon Mr. Marshall by Mr.
Harris, and subsequently by many others, it is well to say here that in
all that remains of Mr. Marshall's numerous newspaper controversies
with his enemies, there is a singular freedom from low language, though
the terms he used are generally strong and severe, and often bitter.

* The Kentucke Gazette established by John Bradford, a native of Pennsylvania, in
Lexington, on August ii, 1787 (the date of thefirst number) was then the only newspaper
in Kentucky. Subsequently the Legislature of Virginia (1789) changed the spelling from
Kentucke to Kentucky, and a corresponding change was made in the name of the news
paper. The Act of the Virginia Legislature upon which the etymology of Kentucky hinged,
was passed in November. r7S8, and was entitled "An Act concerning the importation of
slaves into the District of Kentucky .'¦'' Previous to this time the name had been spelled
Kentucke. This Act was published in the Gazette of February 14, 1789, by authority, and
from that date the Gazette spelled the name'with a terminal j/ instead of e; and this fixed
the snelling of "Kentucky," perhaps for all time. Thus, we see that the institution of
slavery decided, indirectly though it wae, the way in which the word Kentucky should be
On'january 4, 1797, ten years after its establishment, John Bradford, in giving a short
history of the Gazette, says: "As the circumstances which first gave birth to this paper
are unknown to the greater part of its present patrons, it may not be disagreeable to any
of them to take a retrospective view of its origin and progress, as well as the motives
which first induced me to undertake the business of a printer.
"In the year 1786, whilst a convention of the citizens of Kentucky, by Delegates, were
deliberating on the propriety of separating from the State of Virginia, the want of a
proper channel through which to communicate to the people at large political sentiments
on a subject so extremely interesting to them, and in which unanimity was so very neces
sary, induced them to appoint a committee of their own body to encourage a Printer to
settle in the District. The critical situation in which the District of Kentucky was at
that time placed, being surrounded on every side by a cruel and savage foe, and which
almost put an entire stop to emigration, consequently to the influx of a sufiicient circulat
ing medium, occasioned the belief that no encouragement could be given by the com-
mfttee that would encourage a Printer to remove to Kentucky. This belief was much
strengthened by an unsuccessful attempt which had been made by sundry gentlemen to
induce a Mr. Miles Hunter (a Printer) to settle in this country; who refused, unless he
could have secured to him certain stipulated emoluments, to continue for a given time,
which they could not venture to promise.
"Having duly weighed all the circumstances, and from a conhdence in my own

36 THE LIFE AND TIMES OF
This is the more singular when we find, as we do, that the burden of his
adversaries' arguments, as a general thing, was to prove that he was a
blackguard, and an abandoned, if not an infamous character. This class
of weapon had been effectually used before, as it has been since, in
breaking down the influence of a formidable opponent.

The Spanish IntviQue,
In 1784 James Wilkinson, a Pennsylvanian, who had been an of&cer
in the Revolutionary Army, appeared upon the scene in Kentucky, and
became a prominent actor in the events which shortly afterwards occur
red in the infant community. He located himself at Lexington, and
there established the third store, or mercantile house, that Kentucky
ever knew. The first had been established at Boonesboro' in 1775 by
Henderson & Co, , which survived only a short time, and the second at
Louisville by Daniel Brodhead in 1783. Wilkinson was a man of many
engaging qualities, and readily established himself in the esteem of the
people. No man, perhaps, ever possessed in a larger degree the arts of

mechanical talents (notwithstanding I had not the least knowledge of the printing art),
together with the belief that I could execute the business on a small scale until I should
be able to instruct my sons (of which I had five) added to the prospects of future advan
tages to them and myself, I was prompted to make a tender of my services to the com
mittee. They accepted them, and made report thereof to the Convention, who concurred
with their committee, and as the highest mark of approbation, gave me their unanimous
promise of patronage. ^
"Satisfied of having obtained every encouragement that I had a right to expect, or that
they, as a body, had power to grant, and in which I had the fullest confidence, I employed
every possible means in my power to perform the engagements made on my part; and on
the nth day of Angust, 1787, presented to the world the first number of the Kentucke
Gazette, It is impossible to express the grateful sensations I experienced at the approba
tion with which it vp^as received by its patrons — notwithstanding its almost innumerable
imperfections. What a striking difference between that paper and the one now before
you! "From the great scarcity of money and low state of population at that time, I was
enabled to procure about 180 subscribers only; notwithstanding which, and the high prices
of every article used in the prosecution of tne business, I w^as determined to persevere, if
possible. And although the whole of my income was not suflicient to procure the im
ported articles necessary to be employed, yet the friendly assistance which I received
from the Merchants of Lexington enabled me to continue the paper on that small scale
until the 17th of September, 1791, * * * *
"Under the auspices of your patronage, you have seen the progress of the Kentucky
Gazette until it has obtained a rank of Equality with most papers published in the United
States; and perhaps superior to almost any in the world whose origin and progress have
been marked with equal disadvantages." * * * *
The Gazette continued to he published until 18^, when it ceased to exist. In the Lex
ington Library there is au almost complete set of its annual files from 1787 to 1848, a period
of more than sixty years; and these old papers, now rarely referred to, contain a vast fund
of curious information about the early times in Kentucky. They were extensively drawn
upon in the preparation of this sketch.

HUMPHREY MARSHALL THE ELDER. 37
gaining popularity. And he was really, in many ways, a benefit to the
community. From the earliest ^ays the navigation of the Mississippi had been a
matter of great interest and importance to the settlers of Kentucky.
They saw in it the only outlet to market for their surplus products, as
the Allegheny mountains, infested with their savage foes, shut them off
from any extensive commercial intercourse with the older settlements.
But the lower portion of the river Mississippi and its left bank in entirety
belonged to Spain. The treaty with Great Britain at the close of the
-war for independence had left the question of the navigation of the Mis
sissippi in a peculiar position,* and the Kentuckians found themselves
deprived of this, their only outlet to market.
The Spanish Government wished to possess the American territory
west of the AUeghenies, and early began movements intended to seduce
the people of this country from their natural allegience. General Wil
kinson was perhaps the first citizen of Kentucky who was tampered with
Tjy the emissaries of Spain, with the view of inaugurating a movement
for the purpose of getting the people of Kentucky to separate from Vir
ginia and form a commercial, or perhaps political alliance with Spain,
which country, as an inducement to this end, offered to the Kentuckians
the much coveted navigation of the Mississippi, as well as a market for
their produce at New Orleans. These offers were not made to the mass
of the Kentuckians, but secretly to some of the leaders, who, it was
¦doubtless hoped, might influence the masses. Wilkinson, as a man then
unrivalled in popularity, perhaps, in the Western country, and also as
a man of a pliable disposition, of a "willing mind," of an adventurous
inclination, and of undoubted influence, was clearly the most promising
subject for the wiles and blandishments of Spain.
Accordingly, in 1787 he visited New Orleans, doubtless upon invita
tion, carrying thither a small cargo of tobacco. He was received with
distinction, sold his tobacco for five times the current price of that staple
in Kentucky, and returned home with much pomp in a carriage drawn
by four horses, and surrounded by a retinue of slaves. Humphrey Mar
shall charges that he retumed a Spanish subject. At any rate, Wilkinson
* Shaler.

3S THE LIFE AND TIMES OF
boasted in Kentucky, publicly, that he had been granted the sole privi
lege of navigating the Mississippi from Kentucky, and of trading at
New Orleans. This privilege was his'first "pension" — the realization of
his first bribe from Spain.
It may well be imagined that the "friendly move" with Spain gained
its first force from this event, and that Wilkinson at least tried to earn
his fee by attempting to influence others to join him in his compact with.
the Spaniards. That others did join him is not denied, for the times
were ripe for such \i project. But how many of these there were, and
with what degree of illegal intent, will never be known, for the Spanish
intrigue, . historically speaking, is but shadowy, as its character was
"shady." The Kentuckians were poor in everything material except in unim
proved lands, and the idea intended to be presented to them, was that
what Wilkinson could accomplish by a complaisant and accommodating
disposition toward Spain, any other Kentuckian might accomplish by the
same means. Soon after his return from New Orleans, Wilkinson began
to build flatboats at various points on the Kentucky river, and to buy up
the produce of the country for shipment into the Spanish territory. He
it was who flrst encouraged the culture of tobacco by the setUers — a crop
in which the State has now for many years been pre-em^inent. At
Boonesborough there may be seen to this day the ruins of some old
tobacco warehouses which were built about that tirae, for the recep
tion and storage of Wilkinson's purchases pending his stated voyages to
New Orleans. He plied this trade for years, and filled the country with
Spanish coin, which was almost the sole currency in Kentucky at that
time. The early issues of the Kentucke Gazette contain advertisements
in which he offers "the most liberal encouragement" for men to steer his
boats down the river. However questionable Wilkinson's own purposes
may have been, it must be admitted that he incited and fostered the flrst
commercial impulses of the settlers, and opened for them a market for
their produce and peltry.* But his ulterior designs were frustrated and

* The Historical Sketch Book of New Orleans, p. 15, says that of the 10,000 people then
(about 1790) comprising the population of New Orleans: "Of the Americans some were
of the Kaintock (Kentucky) element, worthy fellows who came periodically to the city in
their ilatboats, floating down the river laboriously and bringing with them up-country
produce from the banks of the Ohio and the Illinois, and returning on horseback to their

HUMPHREY MARSHALL THE ELDER. 39
Tendered of no avail by Crockett, Muter, Edwards, Thomas and Hum
phrey ^Marshall, and others.
The history of the various attempts of Kentucky to secure a legal
separation from Virginia and admission as a State into the Union would
be too long, in detail, for the limits of this work. The effort was begun
in 1784, and after nine different conventions had been held (all at Dan-
¦ville), was flnally crowned with success iu 1791, although Kentucky was
not admitted as a State until 1793. While the flrst convention developed
the fact that a majority of the people desired to separate from the
mother State, there was then no thought of other than a legal and peace
able separation, and the same is true of the second and third conventions,
held in May and August, 1785. Bnt in the elections which took place in
the spring of 1786 for the fourth conveution, General Wilkinson became
a candidate to represent the countv of Fayette, and boldly and openly
attempted the formation of a party upon the basis of an immediate and
violent separation from Virginia. This doctrine, though eloquently
upheld by a very popular man, shocked the good people of Fayette
county, who opposed it strongly. General Wilkinson was elected only
after the public recantation of his revolutionary sentiments, supple
mented by the most despicable fraud and trickery in the election.
It was before the fifth convention was held that Wilkinson made his
trip to New Orleans and entered into a "friendly move" with Spain; and
this convention quietly met in Sept., 1787, and repeated the uniform de
cision of its predecessors for a legal separation by an unanimous vote.
Mr. John Brown, an eminent and distinguished citizen of Kentucky,
and then sitting with Congress in New York as a Representative of the
State of Virginia from the District of Kentucky, on July 10, 1788, wrote
to his friend Judge Muter a letter which is made to play an important
part in these matters by Mr. Marshall, in his History of Kentucky ; and.

distant homes. * » * * Kaintock was a generic name given by the Creoles of those day«
to the Americans who came from the XJpper Mississippi, and as the name imports, chiefly
from the flourishing State of Kentucky. They were regarded as in some way interlopers
on the profound conservatism of the city. There was an idea of something objectionable
 even more so than in the later phrase, Americain — attached to the word. Creole mothers
would sometimes say to ill-behaved and rude children, "Tbj' tu n^es qu^un mauvais Kain
tock." But still, fortunately for the future of New Orleans, the Kaintock continued to
come, clad in his homespun and home-dyed jeans,— sometimes in the hunter's garb of
buckskin— the advance guard of that subsequent great immigration of Americams.

40 THE LIFE AND TISIES OF
therefore, so mush of the letter as bears upon the subject in hand' is here?
reproduced :
* * * * Before this reaches you I expect you will have heard the determi
nation of Congress relative to the separation of Kentucky, as a copy of the
proceedings has been forwarded to the District by the Secretary of Congress a
few days ago. It was not in my power to obtain a decision earlier than the 3d
iiist. Great part of the Winter and Spring there was not a representation of
the States sufficient to proceed in this business, an«£ after it was referred to a
grand committee they could not be prevailed upon to report, a majority of
them being opposed to the measure. The Eastern States would not, nor do
i think they ever will, assent to the admission of the District into the Union
as an independent State, unless Vermont or the province of Maine is brought
forward at the same time. The change whicb has taken place in the general
government is made the ostensible objection to the measure ; but tbe jealousy
of the growing importance of the Western country, and an unwillingness to
add a vote tO' the Southern interest, are the real causes of opposition, and I
am inclined to believe that they will exist to a certain degree, even under the
new government, to wbich tije application is referred by Congress. The
question which the District will now have to determine upon will be whether
or not it will be most expedient to continue the connection with Virginia, or
to declare their independence and to proceed to«frame a constitution of Gov
ernment. 'Tis generally expected th-at the latter will be the determination,
as you have proceeded too far to think of relinquishing the measure, and
(he interest of the District will render it altogether inexpedient to continue in
your present situation until an application for admission into the Union can
be made in a constitutional mode to tbe new government. This step will, in my
opinion tend to preserve unanimity, and will enable you to adopt with effect
such measures as may be necessary to promote the interests of the District.
In private conferences I have had with Mr. Gardoqui, the Spanish Minister
at this place, I have been assured by bim in the most explicit terms that if
Kentucky will declare her independence, and empower some person to nego
tiate with him, that he has authority, and will engage to open the navigation
of the Mississippi for the exportation of their produce on terms of mutual
advantage. But that this privilege never can be extended to them while a
part of the United States, by reason of commercial treaties existing between
that Court and other powers of Europe. As there is no reason to doubt the
sincerity of this declaration, I have thought proper to communicate it to a
few confidential friends in the District, with his permission, not doubting but
they will make a prudent use of the information, which is in part confirmed
by dispatches yesterday received by Congress from Mr. Carmichael, our Min
ister at that Court, the contents of which I am not at liberty to disclose.

HUMPHREY MARSHALL THE ELDER. 41
Congress is now engaged in framing an ordinance for putting the new
government into motion ; it is not yet completed; but as it now stands the
elections are to be made in December, and the new Congress to meet in Feb
ruary, but it may undergo alteration. Ten States have ratified — this State is
now in session— what the result of their deliberations will be is, as yet doubt
ful ; two-thirds of the members are opposed, but 'tis probable they may be
influenced by motives of expediency. N. Carolina will adopt. Time alone
can deterraine how far the new government will answer the expectations of
its friends ; my hopes are sanguine, the change was necessary.
I fear, should not the present treaty at Muskingum prove successful, that
we shall have an Indian war upon all our borders. I do not expect that the
present Congress will, in that case, be able to take any efiectual measures for
our defense. There is not a dollar in the Federal treasury which can be
appropriated to that purpose. I shall leave this place shortly, and expect to
be at the September term. I have enjoyed my usual good state of health,
and have spent my time here agreeably. I am, with great esteem, your most
humble sevt. J. Brown.
T'o Hon. George Muter.
This letter which was not made public until 1790, as will afterwards
appear, is similar to one received about the same time by Hon. Samuel
McDowell, who had presided at most of the Danville conventions ; and
the letter to him, or the substance of it, was not published until 1806.
Who the other "few confldential friends" were, who were addressed in a
like strain, has not yet been developed. Mr. Marshall's analysis of these
letters, in his history of Kentucky, makes them appear treasonable to
all intents and purposes. And let it be said in this connection that the
publication of the letter in this work, and the synoptical sketch of the so-
called Spanish Intrigue, are necessary to explain the bitter enmity which
long existed between Humphrey Marshall, on the one part, and James
Wilkinson, John Brown, Harry Innes, Benjamin Sebastian and others,
on the other part ; as well as to show the grounds upon which Mr. Mar
shall attacked them in his history of Kentucky..
The sixth convention met at Danville in July 1788, and it was made
known to them that Congress had refused Kentucky admission to the
Union, and had referred the whole matter to the new government which
was, soon after that time, to go into operation under the present Federal
constitution. It appears that Mr. Brown did not notify the convention

i2 THE LIFE AND TIMES OF
that the Congress of the old Confederation, as expressly stated in resolu
tions upon the matter, declined to admit Kentucky into the Union solely
upon the ground that Virginia had recently entered into the new Union,
which was shortly to go into effect ; and that an Act of admission by the
Congress of the old Confederation would have no force; and that the
matter was therefore referred to the new Congress. As the representa
tive of Kentucky in Congress it was plainly Mr. Brown's duty to give
the convention full information upon this point ; and that he omitted to
do so is made a matter of serious import in Marshall's History.*
The news, as it reached the convention, caused much anger and dis
appointment, ab may reasonably be supposed. The people, for lack of
full information, imagined that they had been unfairly dealt with by
Congress, and much indignation ensued.
Gen. Wilkinson, who had now returned from New Orleans, became
bolder than ever^in the advocacy of his "friendly move" with Spain.
The pretexts offered by him were now numerous and cogent. Under
the existing circumstances Kentucky was almost powerless to defend
herself from the Indians ; Congress had refused (as the people were led
to believe) to admit Kentucky to the Union, even with the consent of
Virginia ; and the subject of the navigation of the Mississippi was again
brought to the front. In 1786 John Jay, the Minister of Foreign Affairs,
and also the special envoy to treat with Spain, but without authority to
concede the claim of the United States to the navigation of the Missis
sippi without the consent of Congress, had proposed to the Spanish Min
ister to suspend this claim for a period of twenty-five or thirty years in
exchange for stated concessions to American commerce highly favorable
to certain Eastern States, but of no importance whatever to the people

* "Political Beginnings of Kentucky'' pages 179 and 180. The matter of the Danville
convention of July, 1788, being under discussion, the stateirtent is made in connection
with the vote of thanks passed by that convention to Hon. John Brown for his faithful
services in Congress, that *'the letter from Brown to Muter was known to Marshall and
Edwards, and McDowell had its duplicate. The estimate of those who knew of the let
ter and its contents, and of the interview with Gardoqui was expressed in a resolution
[tke one referred to] for which Muter and Marshall voted, along -with every other dele
gate." The Marshall here mentioned was Col. Thos. Marshall.
Brown's letter to Muter was written in New York on July 10, 1788; the convention met
in Danville, Ky., on July 28, 1788. It is hardly probable that at that time a letter could
reach Danville from 'New York in eighteen days. It may be safely claimed that Muter
did not receive the letter until after the adjournment of the Convention.

HUMPHREY MARSHALL THE ELDER. 43
of Kentucky, whose commercial welfare depended almost entirely upon
their right to navigate the Mississippi.
* "Wilkinson's party — ^we must believe with fraudulent intent —
spread the report that it was Congress that was making this arrangement
with the Spaniards ; when, in fact, it was only a matter of discussion
between Mr. Jay and the Spanish envoy, and never was presented to
Congress." The people, not taking favorably to the revolutionary project, were
edified with recitations of what might be done for their advantage if
they would only shake off the thralls of the impotent Federal govem
ment and act for themselves. General Wilkinson's performance on the
occasion of his visit to New Orleans was paraded with great tact — "he
had secured by his personal negotiation that which the Federal govem
ment had offered to barter away. The results of his work were used as
evidence that the Kentucky community could do very well with its in
terests if the impotent Federal Govemment no longer had a hold upon
them."t MarshaU's History says (p. 353, edition of 1812) : "At the July con
vention in 1788, the Spanish party, in a manner, became organized. The
most of them met face to face, they convened together on the subject of
declaring Kentucky independent, and organizing a government separate
and distinct from the Union. They became acquainted with each other's
opinions, and they acted in concert, as men having in view a common
object whicli required their joint efforts, without any express stipulations
as to the means, or specific contract as to contribution."
fLutxipintey CQaPshall in the Danville Convention.
Collins and other historians of Kentucky state that Humphrey Mar
shall was a member of the Danville convention of 1787. Mr. Marshall
himself, in his open letter to Thomas Bodley, in the Kentucky Oazette of
October 13, 1806, in reference to his vote in the Virginia convention of

* Shaler, p. lOO.
f Idem, p. loi.

'44 THE LIFE AND TIMES OF
1788, says': "But upon this occasion I was not punished by the people
to the full extent of my deserts, for on my return home the next year
they elected me to the convention which was to determine and did deter
mine the legal separation which afterwards took place." The "next
year" alluded to was 1789, and we are therefore bound to conclude that
Humphrey Marshall sat in the convention of that year, as well as in the
convention of 1787, as stated by the historians.
Treating of the November, 1788, convention in his history, the question
before the body being a motion to refer to the committee of the whole
the resolutions of a previous convention advocating the right of Ken
tucky to take independent measures for securing the navigation of the
Mississippi, Mr. Marshall says :
Vol. I., p. 318 : General Wilkinson was iu favor of the reference. He
was laborious in the exposition of the document, but dwelt particularly on
the importance of the navigation of the Mississippi to the people of Ken
tucky — a subject which he again observed was not before the Committee of
the Whole although, by its interest and magnitude entitled to the first place
in their deliberations. He was ambiguous as to the proper course to be pur
sued in order to obtain its use, nor was this the time to propose, as he said,
any particular measure for that purpose.
Spain had objections, he remarked, to granting the navigation in question
to the United States ; it was not to be presumed that Congress would obtain
it for Kentucky, or even the Western country only, as her treaties must be
general. There was one way, and but one that he knew of, for obviating
these difficulties, and that was so fortified by constitutions and guarded by
laws that it was dangerous of access, and hopeless of attainment under
present circumstances. It was the certain but proscribed course which had
been indicated in the former convention, which he would not now repeat, but
¦which every gentleman present would connect with a declaration of inde
pendence, the formation of 3, constitution, and the organization of a new
State which, he added, might safely be left to find its way into the Union on
terms advantageous to its interests and prosperity.
He expatiated on the prosperous circumstances of the country, its iiicreas-
ing population, its rich productions, and its imperious claims to the benefits
of commerce through the Mississippi, its only outlet.
That the sam6 difficulties did not exist on the part of Spain to concede to
the people on the western waters the right of navigating the river, which she
had to a treaty with the United States, there were many reasons for suppos
ing. That there was information of the first importance on that subject

HUMPHREY MARSHALL THE ELDER. 4S
¦within the power of the convention, which he doubted not it would be equally
agreeable for the members to have and for the gentleman who possessed it to
communicate. This, in substance, said, the orator seated himself, and all
eyes were turned on Mr. Brown, then, as has been said, a meraber of the
convention, as well as of Congress. A member then desired the gentleman to
communicate what he knew.
He, with all the mysterious gravity of one possessed of raore than Del
phic knowledge and ready to deliver the oracles of fate, "rose profound" and
said :
"That he did not consider himself at liberty to disclose what had passed
in private conferences between the Spanish Minister, Don Gardoqui, and him
self ; but this much in general he would venture to inform the convention —
that, provided we are unanimous, everything we could loish for is within our
reach!" And down he sat — pregnant with conspiracy, but ill-concealed beneath
bis cloak of Spanish taciturnity. Whether, in his speech, his eye caught
some other marked with a curious and penetrating scrutiny (for such there
were) and under which he felt rebuked into silence ; or he had previously
limited himself to this ambiguous response, it would be useless to conjecture.
So truly oracular and laconic was it, that, although a confirmation of what
Wilkinson had said as to information, since it avowed the fact of private con
ferences with the Minister of Spain, yet it seemed unsatisfactory, even to himi
and was quite so to those who had expected some information which was to
be useful by its details. However, nothing more being expected from Mr.
Brown at that time, the General rose once more, and as if impatient for the
further information of the convention and the further display of his own
knowledge and talents, and yet more anxious to make a strong impression on
the minds of his audience on the subject of navigation, said it was a topic he
had much at heart ; that he had some practical knowledge of the utility of a
commerce with Orleans, and ever desirous of imparting his information as ot
sharing his profits for the general good, he would, with submission, read an
essay on the subject of the navigation and commerce of the Mississippi. This
spoken, he paused, and the reading was called for, no doubt by previous con
cert. The manuscript was immediately produced — it occupied some fifteen or
twenty sheets of paper — and the reading commenced. As it progressed each
sheet, being loose, was handed to Mr. Sebastian, then known as one of the
General's particular friends — since as a pensioner of Spain — and one of the
Judges of the Kentucky Court of Appeals.
The essay was addressed to the Intendant of Louisiana! •
Vol. I. p. 324 : That the people generally did not execrate these machi-

* THE LIFE Aim TIMES OF
nations at the time is to be imputed to their not knowing of them, and to the
difficulty of bringing the proof of them in such form as to convince them of
the nature and consequence of the facts tbat were known. That the authors
and coadjutors of the nefarious project of putting Kentucky ont of the Union
retained tbeir popularity can only be ascribed to the same cause — an ignorance
of their real characters, of their double dealings, of the efiects of their plot,
of the official situation of most of tbem, and the care with which they all
concealed or denied the fact or the consequences of their intrigue. That the
danger was over before it was publicly understood is no reason why the re
membrance of it should not be perpetuated, although it may be assigned as
the cause for tolerating those who were concerned.
The party, headed by Col. Thomas Marshall, in favor of a legal
separation from Virginia, proved the stronger in this convention, and
adopted resolutions leading, to the subsequent separation and admission
of the State into the Union ; and in these resolutions the opposing party
concurred without a murmur, so far as could be heard. The Spanish
intrigue then died out, but a futile effort was made to revive it in 1794.
It was partially exposed in 1806 by the Western World newspaper, and
later by Marshall's History of Kentucky, references to which exposures
will again be made.
As to Humphrey Marshall's prominepce in the Dan^sille convention,
or as to what notable part he acted there, nothing is said by the histo
rians. He probably was not much upon the floor of that body, which.
had in it many very able men ; and he was only twenty-eight years old at
the time. One thing is sure : he was pronouncedly and actively opposed to
any and every scheme looking to an alliance with Spain, or any other
foreign power ; to any and every step for separating Kentucky from the
Union ; to all illegal and revolutionary proceedings for a separation from
Virginia. He was for patiently waiting, trusting to the sense of justice
of both Virginia and Congress. For this he was resolute, bold and
aggressive ; ready to risk all and to dare all, and, if necessary, to fight
all. He was one of those who stood by and backed Col. Thomas Mar
shall, then the leader of the Federalists in Kentucky, and aided him in
thwarting the schemes of Wilkinson, Sebastian and company. There
are other ways of being active and influential in a convention besides
making speeches upon the floor.

HUMPHREY MARSHALL THE ELDER. 47
The Connolly Affaif.
In October, 1788, Dr. Connolly, then a resident of Canada, and pre
sumably if not actually an agent of the British Govemment for the
seduction of Kentucky from her allegiance to the Atlantic States, visited
Kentucky and conferred -with, several Kentuckians, among them Col.
Thomas Marshall. From this fact an effort has more than once been
made to connect the Marshall family with what may be called "the
British Conspiracy" — ^though, so far as is known, no such conspiracy was
ever actually formed, or even seriously discussed. Wilkinson claims to
have frightened Dr. Connolly out of the State, and probably he did. At
any rate Connolly left, and stood not upon the order of his leaving.
One result of his visit to Kentucky, however, was the obtaining by
him of a paper headed "Desultory Reflections by a Gentleman of Ken
tucky" in which strong grounds are taken in beha.lf of an alliance
between Kentucky and Great Britain. This paper was forwarded by
Connolly to Lord Dorchester, at Quebec, and by him to Lord Sydney at
London. A copy of it was only recently found in the Canadian archives ;
and the matter was for the first time printed in Col. John Mason Brown's
cunningly devised work, "The Political Beginnings of Kentucky."
In that work, page 188, the statement is made that Dr. Connolly, in
his ¦visit to Kentucky in October, 1788, "conferred with no more than
four men of importance in Ken'tuoky — Gen. James Wilkinson, Gen.
Charles Scott, Colonel Thomas Marshall and Judge George Mu'ter."
Then, in relation to the "Desul'tory Reflections by a Gentleman of Ken
tucky," in which an alliance between Great Britian and Kentucky is not
only suggested but in^vited, by the Kentuckian, the author of "Political
Beginnings" argues that these "desultory reflections" could not have
been written by either Wilkinson or Scott, for reasons stated, and that
therefore "there is left the unpleasant suggestion that Thomas Mar
shall or G«orge Muter was its author," &c., &c.
It is impossible at this day to say ¦with how many prominent Ken
tuckians Connolly had conferred. There was certainly another besides
the four named. Marshall's History, ed. 1812, page 389, states that
Connolly's conference with Thomas Marshall and George Muter "was

48 THE LIFE AND TIMES OF
brought about by Col. John Campbell, who introduced him as a gentle
man from Canada, who had come to look after some land which had been
confiscated during the revolutionary war."
Wilkinson was doubtless the author of the "Desultory Reflections."
He was a conspirator by nature, and as such was likely to have as many
schemes as possible on foot, so that in the event of one failing he might
have others to fall back upon. He says himself (despatch to Miro, Feb.
13, 1789) referring to Connolly: "I received him courteously ,v and. as I
manifested favorable dispositions towards the interests of his Britannic
Majesty, I soon gained his confidence," &c., &c. (see Smith's History of
Kentucky, page 439.)
This information Wilkinson pretended to be revealing, as a spy, to
Miro. While it is not to be supposed that such a man would, in such a
.connection, state all that he knew, or had done, still, he states en6ugh
to lead the rcEider of to-day, to whom his character is fully revealed, to
presume that he furnished Dr. Connolly those "Desultory Reflections"
as one means of gaining his confldence. He could scarcely have gained
it thoroughly with less. Marshall's History, edition of 1813, page 389,
says, referring to the conference with Col. Marshall and Judge Muter :
' 'Circumstances were not thought favorable by the Doctor to a full dis
closure ; and he took his leave after an imperfect communication of his
views and projects." In other words, he did not receive sufiBcient
encouragement to induce him to yield his full confldence, as was the
ease when he met Wilkinson.
The author of "Politipal Beginnings" states (page 188) as one reason
why Wilkinson could not be the author of the "Desultory Reflections,"
that "he was fully committed to Spain." Yet on pages 186 and 187 of
"Political Beginnings" is a quotation from a letter from Lord Dorchester
to Lord Sydney, retailing the information gathered by Connolly in Ken
tucky, in which it is distinctly stated that the project "to declare inde
pendence of the Pederal Union, take possession of New Orleans, and
look to Great Britain for such assistarice as might enable them to accom
plish these designs," was "the general result of the more private coun
sels among" "those ¦who are gained over to Spanish ¦views." This is not
the sequence of the words as they are used, but it is what they mean ;

HUMPHREY MARSHALL THE ELDER. 40
and Wilkinson was the leader of those then gained over to Spanish
views, among whom can not be reckoned Col. Thomas Marshall and
Judge George Muter.
The foot-note on page 184, ••Political Beginnings," states that Col.
Marshall did not inform Washington of his conference with Connolly in
October, 1788, until February, 1789 ; all of which is true enough, but
nothing derogatory to Col. Marshall may be inferred from this. Mar
shall's History, page 387, says: "January, 1789, the elections were held
for choosing electors for President and Vice President of the United
States, under the constitution. No votes were given in Kentucky. The
flrst Wednesday in February the electors were to meet at the seat of
government and vote for those officers. The new government was to
commence its operation on the flrst Wednesday in March succeeding.
General Washington had already been designated in public opinion ; and
it was thought that the electors would have little difficulty in consecrat
ing this beloved man to the office of President. * * * * Under this im
pression Col. Thomas Marshall, as early as the 8th of Februaiy, 1789,
wrote to the President-elect and gave an account of the state of the
District and of such symptoms of foreign intrigues and internal disaffec
tion as had manifested themselves to him," etc.
For Col. Marshall to have ¦written earlier, before Washington had any
official authority, could have accomplished nothing ; and it suffices that
he so timed his letter as to reach the new President at or about the time
when it was presumed that he would be invested with his great office.
The country was vrithout a head and in an inchoate state from the disso
lution of the Continental Congress in the summer of 1788 until the 30th
of April, 1789, w^hen Washington was inaugurated President under the
ne^w constitution. -JK-
flis {Relations With the Pablie ^Wen of I^entaeky.
It has already been seen that Mr. Marshall lost caste with the polit
ical leaders of Kentucky by his vote in the Virginia convention ; but after
the part he took in the Danville conventions, and in the discussions of
the times, the dislike in which he was held by these men became accent-

so THE LIFE AND TIMES OF
uated, and more sharply defined. He was "marked down" for political
destruction, and from that time forward his life was almost a continual
contention with men who frequently prevailed, against him, so far as his
political aspirations were concerned, but who could neither silence nor
crush him. Stricken down in one place, he immediately arose in another,
¦and always with a defiant front. He was the problem of his times, and
"was never solved by his contemporaries. It appears that while he was a
markedly brilliant and intellectual man, possessed of all the statesman
like qualities, he lacked the one essential quality of the successful poli
tician—' 'policy. " This hehadnot. His candor was his ruin. Conscious of
the perfect rectitude of his own motives and impulses, he imputed, and
probably often unjustly, disreputable motives and impulses to those who
held opposing ¦views. In this way he became hostile to most of the
leading Kentuckians of his times. With the exception of Joseph Hamil
ton Daveiss, John Rowan, John Allen, John Pope, Gabriel Slaughter,
the Marshalls, McDowells, and some others, he had few political friends
in Kentucky of the prominent class.
Dr. Samuel Johnson, who "loved a hearty hater," would have been
well-pleased with Humphrey Marshall, who hated, where he did hate,
with an intensity almost sublime. In response to a challenge from Hon.
'Richard M. Johnson in 1811, he said: "Self defense, and the severest retali
ation in my power are among the flrst rules of my morality ; and he or
they who assault me should anticipate a resistance to the extent
of my capacity." In 1806, in a newspaper controversy with Judge John
Coburn, he -wrote : * * * * "And I demand of Judge Coburn an instance
of my enmity to any man of worth until after he had shown himself to
be my enemy. I have, at some times, at least, been supposed to have
some influence, and I defy the whole host of my enemies to produce an
instance where that influence has been used against a man of merit in
favor of one deflcient in worth. In fact I can aver, and the occasion
will justify me, that I have never imbibed the exclusive spirit of party,
nor ever would I permit myself to be governed by it, although it has so
often and so unjustly been made to operate against me — a spirit which
sets truth at defiance, holds justice in chains, sanctions acts of vice, and
upholds the knave in office — a spirit, in fine, which ¦vitiates the officer,

HUMPHREY MARSHALL THE ELDER. 51
prostitutes the man to the basest practices, for party purposes." And in
another open letter he says : "Could I have been the tool of any man or
set of men, I might have been the companion of Judge Cobum ! I might
have escaped the malice and power of his masters and prompters — I
might have avoided the most serious difficulties with which I have had
to encounter. That I would not be a tool is the primary reason why I
am at this moment involved in a controversy, and am told by this very
tool of a Judge that I have been at variance with so many first a^nd ¦useful
characters in Kentucky. * * * » I know my enemies. I know that if they
can injure me they will do it, because the independence of my character
is in their way, as it has heretofore been."*
The study of Marshall's History of Kentucky shows that of all the
author's enemies, he hated Hon. John Brown the best — or worst — as he
doubtless had good reason to do. Mr. Brown was one of the most brill
iant and gifted men of his day, and combined in his handsome person
and -winning address the subtlest arts of obtaining and holding popu
larity. He represented Kentucky in the Federal Congress (mostly in the
Senate) for eighteen years in succession, retiring finally in 1806, at the
early age of forty-eight years. He had access to the popular ear, and
found but little trouble, perhaps, in bringing aboiit the unpopularity of
Humphrey Marshall, and in holding him up to public odium and indig-na-
tion. Hon. John Mason Brown, in his Frankfort Centennial Address,
says: "Between Mr. Humphrey Marshall on the one hand and Senator
John Brown and Judge Harry Innes on the other, an enmity had existed
for twenty years [before 1806]. It originated in intuitive mutual dislike,
and grew and endured because of the utter dissimilarity of the men. In
tastes, in habits of life, in political feeling, in religious views, they
differed completely." This is, doubtless, essentially true; but Mr. Mar
shall's enmity toward Mr. Brown does not appear to have extended back
so far. In 1807 Mr. William Littell published a little book, written for hire
at the instance of Mr. Brown's friends and others, (as Mr. Littell stated
under oath) in which he made it appear that in 1793 Humphrey Marshall,
then a member of the Legislature from Woodford county, voted for Mr.
^ 
* Kentucky Gazette, November 3, 1806.

52 THE LIFE AND TIMES OF
Brown for the long term in the United States Senate. If this is a fact
Mr. Marshall must at that time have held at least friendly feelings for
Mr. Brown, who, in the nature of the case, must have heen secretly his
enemy. The probability is, however, that Mr. Marshall did not vote for
Mr. Brown for Senator.

fie Sfeaks iJp a Dttel.
Somewhere about this general time, to-wit, in 1790, considerable pub
lic excitement was produced by the discussion of Mr. Brown's secret and
confidential letter to Judge Muter, which has already been quoted from,
and which, until this time had not been made public. Mr. James Mark
ham Marshall had recently come to Kentucky, and was then a candidate
for Congress against Mr. Brown. In his canvass he sprung some charges,
based upon this letter, upon Mr. Brown, and publicly denounced him.
Mr. James Brown, a younger brother of Hon. John Brown, and by many
considered the ablest of his family, took umbrage at this, and he not
only resented Mr. James M. Marshall's characterization of the -writer of
the letter, but he denounced as false the statement that his brother had
written such a letter. Judge Muter, who had hitherto resisted all in
ducements to publish the letter, now gave it for publication to the Ken-
fucky Gazette, for the purpose of averting, as he stated, a duel between
James Brown and James M. Marshall, between whom a challenge had
already passed.
Judge Muter's amiable designs in this matter, however, were frus
trated by his tardiness, and the arrangements for the hostile meeting
were carried forward to completion. Among the terms of the meeting
¦was the clause that none but the principals, seconds and surgeons should
be present. Humphrey Marshall, however, desiring to witness the affair,
allowed his curiosity to get the better of his discretion, and he posted off
to the duelling-ground, near which he concealed himself behind a large
log, from whence he inight have a good view of the proceedings. He
generally carried a long staff, or stick, and this he placed across the top
of the log. The duellists reached the ground and the preliminaries had
been ari^anged, when Humphrey Marshall was discovered in his retreat.

HUMPHREY MARSHALL THE ELDER. 5.}
Mr. Brown and his friends then refused to fight, alleging that "Old
Humphrey Marshall" was in ambush on the field with a gun trained from
a dead rest to assassinate Mr. Brown in case he should kill his opponent.
Mr. James M. Marshall laughed and said, "I understand you, gentle
men," and the combatants left the field.

The Defection of Judge JWuter.
Previous to this time Judge Muter had been friendly with Humphrey
Marshall, and the whole Marshall family, but soon afterwards his friend
ship changed to an enmity which lasted during the remainder of his
life. He had been friendly and intimate with Col. Thomas Marshall in
Virginia, and after both had come to Kentucky, Judge Muter, who was
impecunious, stayed a good deal of his time at Col. Marshall's house,
and was placed under many obligations to him. When John Brown
vsTote his confidential letter to Judge Muter, the latter showed it to Col.
Marshall, or communicated to him its contents, and it was this informa
tion which enabled Col. Marshall, Humphrey Marshall, and others, to
take measures to circumvent the designs of Spain, a work in which they
received the hearty co-operation of Judge Muter.
Mr. Marshall, in his history of Kentucky, makes the following refer
ence to Judge Muter's defection from his long-trusted friends, the Mar
shalls :
Vol. 2, p. 78, (1792). In filling up the Court of Appeals George Muter,
who, as it has appeared, had been the Chief Justice of the Old District Court,
and the coadjutor of Col. Marshall in opposing the violent separation then
offered to be imposed upon the country, was left out of the nomination — in
fact, was unprovided for under the new government, and Harry Innis was
appointed Chief Justice.
This gentleman, being in high favor, was, about the same time, appointed
upon the recommendation of a partisan to the Kentucky District Court of the
United States, by the nomination of the President, &c.
After some suspense for the result, the United States gave the best salary,
and Mr. Innis became the Federal Judge. This produced a vacancy in the
Court of Appeals. During all this time the Ex-Judge, Muter, had been on his
former terms, in a manner, the intimate of Colonel Marshall ; while several
individuals of the family had interested themselves to get him appointed to

54 THE LIFE AND TIMES OF
the vacant seat in the Court. Others also interested themselves, nor was he
inactive. At length he received the appointment ; and from that day forth,
as if faithful to some new contract, he dropped all acquaintance with the
family, and never afterwards entered Col. Marshall's door. The tenor of his
new lesson could not be mistaken.

ils SuPVeyop of Woodfopd County.
Soon after Woodford was erected into a county, Mr. Marshall moved
into its boundaries and established his home there, upon one of the
tracts of land which he already owned in the county. In 1790 he was
appointed surveyor of Woodford county, by Beverly Kandolph, then the
Governor of Virginia. This office, which was then quite a lucrative
one, he held for two years or more. In 1792 there was a proposition to
divide the county, which had passed the lower house of the Virginia
Legislature, but was defeated by a few votes in the Senate, and over
this rnatter arose one of those bitter controversies which so thickly
checkered Humphrey Marshall's whole life. Mr. John Craig, Sr., pub
lished a statement that Humphrey Marshall had appeared in Richmond
the day before the bill was put upon its passage in the Senate, and by
personal solicitation had secured its defeat, and Mr. Craig ascribed as Mr.
Marshall's motive in the matter the fact that the division of the county
would necessarily and materially lessen his fees as public surveyor. Mr.
Marshall denied this statement in the forcible manner characteristic of
all his denials, and hence arose the controversy between the two men.
Strange to say, eaeh proved the truth of his statement by incontrovert
ible witnesses, as it appeared. John Brown certified that Mr. Marshall
talked with him in Richmond the day before the bill was voted on in the
Senate, and, in fact, brought him letters from Kentucky. Arthur Fox,
and other gentlemen of Richmond, published statements to the same
effect. On the other hand, Mr. Marshall brought forward the certificate
of a tavern-keeper living some forty miles from Richmond, to the effect
that Humphrey Marshall had spent the night before the day in question
at his tavern, as his books showed, Mr. Marshall being then on his way
from Kentucky to Richmond. John Marshall, afterwards Chief Justice

HUMPHREY MARSHALL THE ELDER. S.5
of the United States Supreme Court, also published a statement that
Humphrey Marshall reached his hoiise in Richmond on the evening of
the day in question, and that one of the flrst things he told his cousin
Humphrey was that the Senate had refused to pass the bill dividing
V/oodford county. Mr. Marshall brought forward various other wit
nesses who proved that the bill had been defeated by the Senate before
he reached Richmond. This incident is in itself tri^vial, but it is a singu
lar instance of how men may be mistaken on any matter of fact, as no
less persons than John Brown and John ^Marshall, either one or the other
— ¦was as to the time of Humphrey Marshall's arrival in Richmond.

Sepviee in the Iiegislatufe.
In 1793 Humphrey Marshall was elected to represent Woodford
county in the Lower House of the Kentucky Legislature, a position to
which he was re-elected in 1794. He appears to have been an active mem
ber, and ¦to have acquired considerable popularity on account of his
efforts in behalf of the in^terests of the people. In the session of 1793
he introduced an act, which was passed, regulating, classifying and sim
plifying the assessment and taxation of lands, which gave very general
content for many years ; whereas the law which his act superceded was
crude, vexatious and oppressive.
About this time Kentucky was beset by many opposing forces. It
seems that the Spanish intrigue was re-opened in the State in 1793, and
about the same time the great mass of the people went wild, almost,
over the French revolution, and so-called "Democratic Clubs" were estab
lished in various parts of the State, all known to be favorable to France ;
and agents of the French Govemment were in the State commissioning
officers and recruiting soldiers to march in behalf of France to the over
throw of the Spanish dominion in Louisiana. Many leading Kentuckians
were engaged in a constant endeavor to excite the prejudices of the peo
ple, if not against the Federal Govemment itself, at least against the
administration of Washington. In this they made especial use not only of
the question of the navigation of the Mississippi, but of the failure of

56' THE LIFE AND TIMES OF
the goyernment to thoroughly suppress the incursions and depredations
of the Indians. The defeat of St. Clair, who was a Federalist, supplied
them with much of their campaign thunder, and the people were sys
tematically wrought to the highest pitch of dissatisfaction with the
supposed impotency of the General government. A meeting of the Dem
ocratic Society at Lexington in 1794 is often alluded to by the historians
of the times as especially seditious, or, at least, extravagant, in its
temper and proceedings. The following extract from the Western World
of October 6th, 1806, is interesting in this connection ; but in justice to
Mr. Brown it must first be said that he afterwards established the fact
that he was not present at the meeting in question :
* * * * Brown, Wallace and Sebastian were, about the same period, in
cessantly convening meetings of the citizens from different parts of the State
under the plausible pretense of petitioning Congress for the redress of some
grievance or other ; but, in reality, to procure an opportunity of pouring
forth their vindictive spleen against the executive government. A celebrated
meeting of this description was called together at Lexington on the 28th of
March, 1794, where what Mr. Magruder calls "the misguided impetuosity of
democratical licentiousness'''' was sufficiently displayed. Although the meeting
was convened by the happy triumvirate which we have named, yet it was
judged prudent that a person of opposite principles should be placed in the
chair. They fixed upon George Muter for this purpose ; but their entreaties
appearing to have no effect upon the stubborn humor of the old Scotchman,
Wallace took hold of him by the right shoulder, and Sebastian by the left ;
while John Brown, pushing up his rear, literally forced him into the
chair." * * * *
Throughout all the clamor of these times Humphrey Marshall was
not only a warm champion of the Government, the Constitution and the
Union, but a zealous friend of Washington's administration. In the
darkest hour of the Government's troubles light beamed again with the
bloodless suppression of the Pennsylvania whisky insurrection by Gov.
Henry Lee, of Virginia, at the head of a little Federal army ; as well as
by the the victory of Gen. Wayne, at the head of a larger Federal army,
over the Indians of the Northwest. The Federal government, in these
movements, showed its strength, and its power to protect its citizens
and enforce its laws, and commended itself to their approbation. The

HUMPHREY MARSHALL THE ELDER. 57
result was a powerful reaction in favor of the Govemment and the ad
ministration. ¦JK-
Eleeted to the United States Senate.
As the champion of both the Govemment and the administration,-
Humphrey Marshall was the beueflciary of the reaction in their favor.
In the vsrinterof 1794, then a member of the Legislature himself, he was
taken up by the Federalists as their candidate for United States Senator,
as a proper recognition of his services, and a just tribute to his superior
abilities and unquestioned courage. He was opposed by no less able and
distinguished a gentleman than Hon. John Breckinridge, a statesman of
the highest ability and of unimpeachable integrity — a pillar of strength
in his day ; and now chiefly known as the author of the Kentucky Reso
lutions of 1798. Mr. Marshall was elected by a small majority. He
makes the follo'wing reference to the event in his history :
Speaking of the Legislature of Ky., 1794, (Vol. 2, p. 161). A corrobora
tion of the good temper of this Assembly towards the General Government
is the election of Humphrey Marshall to the Senate of the United States to
fill the vacancy occasioned by the expiration of the term of John Edwards
who had drawn out, pursuant to the Constitution of the United States. On
this occasion the factions opposed to the administration of the Federal
Government, both French and Spanish, with mortal antipathy to l\Ir. Mar
shall's politics, brought John Breckinridge, then, or recently. President of the
Democratic Society of Lexington, to oppose him. The majority in favour of
Marshall was but small. And without donbt, that he had the majority is to
be ascribed to the recent success of Federal measures under Generals Wayne
and Lee.
Mr. Marshall's career in the Senate was a notable and courageous
one. It does not appear that he ¦was active in debate, for though he was
a strong and bold speaker he ¦was no orator, and it is likely that he was
seldom on the floor. But he was urgent for all the Federal measures —
the Jay treaty and the alien and sedition laws among others — all of
which were peculiarly obnoxious to the majority of his constituents. It
is worthy of note that all of Mr. Marshall's public acts which drew odium
and unpopularity upon him have been vindicated by subsequent history
and the logic of events, except his advocacy of the alien and sedition

58 THE LIFE AND TIMES OF
laws alone. • It has, perhaps, fallen to the lot of no other public man to
be condemned for so many things, and to have future, generations com
mend so many of these things as right. This fact alone is a sufficient
refutation o| the mean imputations which cling to the memory of "Old
Humphrey Marshall," even to this day.
It was his advocacy of the Jay treaty which gave him the most of
his unpopularity, and almost killed him utterly, politically. Of this he
says in his history :
¦ 1795. (Ky. Legislature) Vol. 2, p. 172. It was attempted at this session
to instruct Mr. Marshall, one of the Senators from the State in the Congress
of the United States, personally, how to vote in future on the subject of
the treaty recently formed with Great Britain, and called "Jay's Treaty," for
the conditional ratification of which he had voted the preceding June ; his
colleague, who had voted against it, needing no instructions. After debate,
however, the resolution was amended so as to make it read "Senators ;" who
were charged to vote against the treaty in all subsequent stages of its appear
ance. This instruction was eventually rendered inoperative by the British
Government, who at once acceded to the modification proposed by the Senate,
and thereby took from the President the necessity of laying the subject again
before that body — which saved the erratic Senator from another offence ; for
certain it is that with the impressions under the influence of which he
acted, he should have disobeyed the instruction. The subject was one of no
local character, but general to the United States — of which he was a Senator.
But peace was of infinite importance to Kentucky, as well as to the United
States ; the treaty was of a nature to insure' it to both. Free of the Indian
war and of her embarassments with Britain, the Federal government could
attend to Spain, and to the factions within her own bosom, with an undivided
observation. And notwithstanding this untrained Senator had heard an argu-'
ment from his colleague, the burden of which was to prove that should tlie
treaty be executed and the posts on the lakes put into the possession of the
United States, that, nevertheless, the British would still control the Indiansi
and keep them at war with the frontiers, so that e^ven Kentucky could gain
nothing in fact ; while the United States made concessions in giving Up her
negro claim, &c., for which they would get nothing, &c. All of which
seemed so much like prejudice, party spirit and folly, as to be ascribed to
them, without in the least moving the judgment toward a change. While the
instruction, being a peremptory mandate, without any argument, was as little
calculated to have that effect. In vain, therefore, were they addressed to one
who acted on his owu convictions, without interposing calculations of popu
larity in the line of his understanding of his duty, and how to discharge it,

HUMPHREY MARSHALL THE ELDER. 59
The ratification of the treaty was indeed a severe blow to the French
faction throughout the United States, and to both that and the Spanish
intrigue in Kentucky ; where, exasperated against their Senator, his colleague,
Mr. Brown, even thought himself justified in saying publicly, in the idiom of
the nation he then subserved, that "he ought to be decapitated.''^
To counteract the enthusiasm, folly and misrepresentations which circu
lated in newspapers, for there were then two in Lexington, the offending
Senator wrote a series ol explanations of the treaty in a style both decorous
and temperate, which he signed with his own name, and offered to be printed
as articles of useful public intelligence ; but which were refused publication
by one editor ; the other agreeing, on application, to print them if he was
paid ; and actually charged and was paid for printing them, as for articles of
a private nature.
Vol. 2, p. 182 — 1795 — At tbis session it was made a complaint that 6 years
was too long a term for a U. S. Senator. A memorial on the subject was
referred, hut never came to maturity.
The paper in which Mr. Marshall's defense of the Jay treaty was
published was the Kmtucfcj/ Gazette, where it may still be seen iu the fide
for 1795. This defense consists of a series of about fifteen numbers,
which would make a good-sized book, all of which are pregnant with
the fire of the author's genius. They conclude with these words: "In
considering the objections to this treaty I am frequently ready to ex
claim : Ah ! men of faction ! friends of anarchy ! enemies and willful
perverters of the Federal Govemment ! ho^w noisy in clamor and abuse,
how weak in reason and judgment appear all your arguments 1"
Mr. Marshall's trouble and expense in printing this defense, however,
availed him naught, for there at once burst upon his devoted head a
storm-cloud of public wrath, which is probably unequaled in the history
of the United Sta^tes. He was burned in effigy, denounced by public
meetings in various counties,* taken out by a mob to be "ducked;" Villi-

* Ky. Gazette, Oct. 3j 1795: At a numerous meeting of the freemen of Mercer Co.
at the Court-house, in Harrodsburg, on the zad day of Sept. 1735, being Court day for the
said county, the time and occasion of the meeting having previously been advertised, the
following resolutions were unanimously agreed to, and ordered published:
Resolved, as the opinion of this meeting that Humphrey Marshall, one of the Sen
ators from this State iri the Congress of the United States, has betrayed the trust reposed
in him by voting for the conditional ratification of the treaty lately concluded between
America and Great Britian, and has thereby proved himself to be unworthy of the confi
dence of the people of Ky.
Resolved, therefore, that it be recommended to the Legislature of this State to in
struct the said Marshall to vote against any further ratification, of the said treaty upou
every future occasion on which it may be brought before the Senate. * * * *

so THE LIFE AND TIMES OF
fied in print ; avoided and looked upon askance by former friends, and
rated as chief among ten thousand villains, and altogether villainous.
He did not even bow his head to meet the storm, but faced it defiantly,
as only a brave man with a clear conscience and conscious integrity
could have done.
A writer in the Kentucky Gazette for October 10, 1795, signing himself
"A. B.," says:
For God's sake, Mr. Bradford, find out and tell us what materials this
man is made of. There must be something in his composition different from
what is to be found in any other of the human race. No other man could
have acted as he has done. Upon his return to this country, after having
done everything in his power to injure it, he has met with the universal
curses of his fellow-citizens ; those who had voted for him publicly confessed
their error, and declared their repentance of that act ; his friends deserted
him ; his acquaintances would not speak to him ; he was obliged to withdraw
precipitately from a large meeting of the people ; and every face he saw spake
a detestation of hiin. Thus situated, instead of withdrawing himself from
public observation ; instead oi waiting a more favorable opportunity o£ palli
ating the infamy of his conduct, he comes forward, fills the public prints with
a false but studied justification of himself ; and, not content with this, attacks
every individual and every meeting of free men who have ventured to give
their opinions of his favorite treaty.
The reader of to-day can at once see that there was nothing in the
Jay treaty to call for such persecution of a man who had voted for it,
and the motive for the persecution of Mr. Marshall must be looked for
elsewhere than in his support of the treaty. Twenty-two out pf thirty
"Senators voted for it, and it was approved and signed by Washington; and
if any culpability attached to the matter Washington was more culpa
ble than Humphrey Marshall, for it was drawn up by John Jay in accord
ance with Washington's suggestions. Mr. Marshall says that the Jay
treaty, which is now universally acknowledged to have been a good
thing, broke up the plots of the French and Spanish intriguers in Ken
tucky; and that they, in the raging malice of disappointed ambition,
turned upon him to crush and destroy him, in revenge ; a matter which
they could easily accomplish, as they had the ear of a vast multitude of
the unthinking, who always sneezed when these men took snuff. But

HUMPHREY MARSHALL THE ELDER. 61
"Old Humphrey" was not the kind of a man who would stoy crushed
Years afterwards some of them regretted the mistake they had made.
In 1806, when Judge Coburn taunted Mr. Marshall with his vote for
the Jay treaty, the old war-horse disposed of him with these few terse
sentences in the Kent'ucl<y Gazette (Nov. 3, 1806) :
* » » * xhat treaty has been executed these twenty years, had his honor
but known it, and it has been found much more beneficial than otherwise. It
preserved peace with England, and kept us out of the arms of France ; these
were two good things. It defeated the schemes of the Spanish Associates —
that was a third good thing. It enabled the Government of the United States
to obtain from Spain the right of navigation and deposit on the Mississippi —
that was a fourth good thing. It gave the United States the possession of the
northwestern posts — that was a fifth good thing. It gave the command of the
Northwest Territory to the United States — that was a sixth good thing. It
gave us peace with the Indians — that was a seventh good thing. I thought it
right to ratify it, therefore I voted for it. Now it is a good thing to have a
man in office who, upon such occasions, will vote according to his judg
ment. * * * *
Notwithstanding all these good things contemplated and accom
plished by the Jay treaty, certain men made it the pretext of inciting a
mob, upon one occasion, to drag Mr. Marshall from his home at night
vTith the avowed intention of ducking him in the Kentucky river, hard
by.* It may well be imagined that people who could be incited to mob a
United States Senator for a vote like Mr. Marshall's on the Jay treaty,
w^ere mentally incapable of determining whether that vote, or any other,
was good or bad ; and the conviction is unavoidable that they were mere
puppets neither knowing nor caring whether the vote was good or bad,
but perfectly willing to carry out the purposes of the men who had
incited them to the performance of the outrage. The incident of the
mob is strong proof of what Mr. Marshall always charged ; namely : that
he w^as the victim of a cabal bent upon his humiliation and destruction,
by whatever means.
But even this humiliation was not fully consummated. Arri'ying at
the brink of the river, the United States Senator called a halt ; and with

* Warfield.

«2 THE LIFE AND TIMES OF
inimtable humor, coolness and courage, said, in substance : "My friends,
all this is irregular. In the ordinance of immersion as practiced in the
good old Baptist Church, it is the rule to require the candidate to relate
his experience before his baptism is performed. Now, in accordance
with established rules and precedents, I desire to give in my experience
before you proceed to my immersion."
Such an appeal, coming from such a man, tickled the humor of the
mob, and he was placed upon a convenient stump and ordered to relate
his experience. Proceeding first in a way to humor the mob, the Senator
finally warmed to his work, and with all the pent-up indignation of a
man who felt that he was approaching the culmination of a long series
of outrages and injustices, he fairly blistered the miscreants with the
well-timed fury of his scathing tongue, until one by one they sneaked
away shamefacedly and left him the triumphant master of the fleld.
This outrage, of course, was degrading only to the weak and foolish,
if not vicious, men who engaged in it. It- is now remembered only to
Mr. Marshall's credit. But he was twitted and taunted with it for many
years. In 1806, a dozen years afterwards, Mr. Thomas Bodley, in a lettei^
to the KenlMCky Gazette (Sep. 4) under the name "Independence," speak
ing of Humphrey Marshall, says :
* « » * jjas he forgot when he was. a_ member of the Virginia Conven
tion, and abused the trust reposed in him by violating his promise and voting
contrary to the known will of his constituents ? Can he have forgotten how
he deceived his country while a Senator of the United States by voting in
favour of the ratification of the British treaty ? (But no doubt he had pow
erful reasons for this). What did he receive for this vote ? Was he not
afterwards led to the river in Frankfort to be ducked ? What was the experi
ence he gave in ? Was he not stoned out of town with the Rogue's March
beating after him ? Was he not burnt'in effigy > * * * »
To this Mr. Marshall effectively replied in the Gazette, of October 1&,
1806, as follows :
* »«» If I am to be upbraided with follies, vices, or crimes, at least let
it be said that they were iny own — do not attempt to lay to my charge and to
put upon me those of the Spanish Associates, of their minions., ox of t\i.<ipoor,
ignorant beings who were collected on the bank of the river by Frankfort for

HTTMPHREY MARSHALL THE ELDER. 83
the very honorable purpose ot ducking me for giving an independent opinion.
Among this patriotic group old John Byrnes, the drunken butcher, was one of
the most respectable. The two ring-leaders, to do Mr. Bodley justice, have
by their vices and follies sunk themselves rather below his standard — I mean
Baker Ewing and Hayden Edwards. They, I am informed, have fled the
country. The rest I shall leave to inscribe their own names on the column of
fame, where I hope ^hey will reserve a place for Mr. Bodley ; and where, if
he pleases, he may take with him the torch with which he lighted the effigy of
which he informs me for the first time. There is, however, one act of justice
which 1 owe to those deluded strangers who had been assembled in order to do
me violence; not one of them, however urged, put the weight of his hand
ON ME ; while the others, most respectable citizens of Frankfort and its vicinity,
had too much magnanimity to execute the patriotic ordeal, as they had intend
ed, upon a Senator of the United States for doing his duty by giving an inde
pendent VOTE !
The experience was that of a man who, believing himself greatly outraged,
knew how to sustain his firmness in the midst of a mob. It is true stones
were thrown, and it might have been to the tune of the Rogue's March — fof
such action the tune was well-chosen, and Mr. Bodley is welcome to the full
credit of both. * * » «

Jlis Chafactep flttaeked by the Iiegislature.
Humphrey Marshall's opponen^ts were relentless and untiring. After
having him denounced by public meetings, burned in effigy, mobbed,
and run away by violence from the hustings when he attempted to justify
his course, they were still not satisfied. He was "boycotted" to the
extent that his friends deserted him, and few were bold enough ¦to speak
a word in his behalf. But after all this he was still undaunted and defl»
ant, and fought back ¦with all the force he could command, and fought
so well that his enemies hated him ¦worse than ever.
About this time George Muter and Benjamin Sebastian, Judges of
the Kentucky Supreme Court, issued a pamphlet charging that Humphrey
Marshall had committed perjury in gi^ving his evidence in a suit pending
before them between himself and James Wilkinson. This pamphlet
probably is not now extant.
The files of the Kent^ucky Oazette preserved in the Lexington Library
show the following card in the issue for October 9, 1795 ; viz :

di THE LIFE AND TIMES OF
To the Honorable George Muter and Benjamin Sebastian :
Having notified you in a pamphlet addressed to you in answer to one
written by yourselves that if you would be more specific in certain charges
therein alleged against me that they should be answered, I did expect that
you would have exhibited tbose charges specifically — stating particularly the
fact or facts on which they were founded, and the testimony in each particular
case. This not yet having been done, nor, as far as I know, intended to be
done, by you, I take this method to cal! on you. And I require of you to ex
hibit under your signatures the facts and evidence (since if there be any they
are in your possession) in which those charges against me personally are
founded, that I may know how to meet them and to defend myself against
them ; thinking it improper to take any further notice of them in their present
shape, though tbe malice of my enemies, sanctioned by your authority, should
continue to reverberate them against me. If you have any sense of justice
remaining you will comply with this request ; otherwise you must be content
to receive the imputation due to the vilest calumniators.
I desire to have those charges brought forward in the manner above-
stated before the first of next month, at which time I shall leave tbis State on
business. Mr. Bradford is requested to give this a weekly publication in his paper
until the ist of November, unless I shall be sooner notified that your honors
will comply' with this call.
And I further notify those who may feel themselves affected, that I mean
to expose to the public view the decree of the Court, and the points upon
-which it was given, between Gen. Wilkinson and myself.
I am, genilemen, Your very humble serv't,
H. Marshall.
It appears that Judges Muter and Sebastian replied to this card,
and they doubtless complied with its requests, but the paper containing-
their reply is missing from the flies of the Gazette. Mr. Marshall being
about to set out for Philadelphia, where the Congress of the United
States then sat, propbsed an arbitration as the quickest and best way of
settling the matter, as will be seen from the following communication
in the Gazette of October 33d, 1795 :
To the Honorables Geo. Muter and Benj' n. Sebastian, now at Frankfort :
In reply to your note in Mr. Bradford's paper of Saturday last, I can ,
with the utmost frankness and sincerity, assure your honours that your asser
tion of me is not true and cannot be justified — and anxious to have the matter

HUMPHREY MARSHALL THE ELDER. 65
between us, thus brought to issue, determined before I leave the country —
which cannot possibly be done by suit, I propose that it be left to twelve of the
most respectable citizens of Woodford county, in which one of your honours
resides. That the persons be named by us reciprocally — that you specify
your charge in writing, with the facts on which you found it, and transmit a
copy to me ; that I will answer in writing ; upon which and the depositions
and other exhibits in the case between Gen. Wilkinson and myself, let the
question between us be settled. This will be coming to the point in a fair
and speedy manner — and a decision so obtained will be equally as valid as the
verdict of a jury. To facilitate the object of this proposition, I will now
name six persons on my part ; to-wit ; Peyton Short, John Watkins, William
Steele, Robert Alexander, John Finney and Marquis Calmes. Gentlemen,
you can name as many more, and a joint request for their attendance at Wood
ford Court-house on some day in the first week in November next (which you
may insert in the request to be sent to the persons named) and I will charge
myself with having it presented, if you will enclose it to me in the answer
which I shall expect to this application. The originals of all the papers in
the case above alluded to are in the oflSce of your court ; consequently, now
immediately accessible to you ; and I have copies of almost all of them, of
which I will forthwith furnish you a list. Should you want others, you can
easily procure them, to be used on the trial. Nor shall the expense be an
objection — I will pay that if you come into the proposal, and request it.
Your honours' humble Servant,
H. Marshall.
This proposition, than which it appears nothing could have been
fairer, was not accepted. Nor did the honorable Judges have Mr. Mar
shall indicted for perjury, as it was clearly their duty to do if they be
lieved what they charged. He was too wise to bring suit in court, where
a jury inight easily have been packed against him. But the Legislature
of Kentucky was supposed to be clearly unfavorable to Mr. Marshall, be
ing composed largely of his political opponents, and the fight against
him was renewed in that body, as may be seen by the following extracts :
FKOM THE JOUBNAI. OF THB HOUSE OF REPBBSENTATrVTES, 1795.
Saturday, Nov. 21, 1795. — On motion, resolved, that a committee ought to
be appointed to draught a memorial to Congress, setting forth that Humphrey
Marshall, one of our Senators from this State, has been publicly charged with
being guilty of perjury, and request that an investigation be made on the
subject ; and that if the fact is sufiSciently proved, be ought to be expelled

ee THE LIFE AND TIMES OF
from the Senate. And a committee was appointed of Messrs. Young, Thomas,
Davis, Jouette and Calmes.
Dec. i6, 1795. — The address to the Senate of the United States concern
ing certain charges that have been exhibited against Humphrey Marshall,
respecting his being guilty of perjury, was taken up, read, and then agreed to
by the House, as follows, viz. :
To the Senate of the United States:
"The representatives of the freemen of Kentucky, in general assembly
met, feel themselves bound by every tie of honor and patriotism to represent
to you the following facts and ,refiections —
"In the month of February, 1795, not long after the election of Hum
phrey Marshall, one of the Senators of this State in the Congress of the
United States, a pamphlet was published by George Muter and Benjamin
Sebastian, two of the Judges of the Court of Appeals of this State, in which
they say that 'Humphrey Marshall had a suit in chancery in the Court of
Appeals, in which it appearing manifest from the oath of the complainant,
from disinterested testimony, from records, from documents furnisned by
himself, and from the contradictions contained in his own answer, that he
had committed a gross fraud, the Court gave a decree against him ; and though
in the course of the investigation, he was publicly charged with being guilty
bf willful and corrupt perjury in order to screen himself from th'e conse
quences of his fraud ; yet so conscious was he of guilt, that he has never since
dared by 'way of suit, or any other mode, to bring forward an examination
into the truth of the charges. Indeed, callous as he is, he appeared at the
time to be so fully convicted that he scarcely had effrontery enough to
deny it.'
"Though this passage evidently contains in effect a' charge that Hum
phrey Marshall was guilty not only of fraud, but perjury ; yet he appears in
his pamphlet, published at Philadelphia, as alluded to in his publication in
the Kentucky Gazette, and in that publication on the  day of  ,
1795, to think the expressions too vague, and calls for a specification of the
charge. To this demand George Muter and Benjamin Sebastian replied that
he was guilty of perjury in his answer to the bill in chancery exhibited against
him by James Wilkinson, and pledge themselves that they will plead a justifi
cation to any suit brought against them therefor. No such suit, as we believe,
or that we can learn, has been brought.
"Our duty under these circumstances strongly and unequivocally requires
that we should request your serious attention to the considerations which this
case suggests — important indeed it is to society, that those intrusted with the
exercise of the powers of government, should be men of unshaken virtue and
integrity. Without these qualities in vain shall they require the confidence

HUMPHREY MARSHALL THE ELDER. 61
of the people, when tbe basis on which that confidence alone can be founded,
is wanting, the superstructure must totter, must fall. But it is further to be
observed that they should not only be virtuous, but free even from the impu
tations of crime ; more especially of those infamous crimes, the perpetration of
which destroys the bonds of society, prostrates the obligations of truth,
morality and religion, and violates the human criterion of truth and false
hood — the sole support of well-grounded confidence. It has been observed
that small is the distance between a disregard of reputation and the loss of
virtue — perhaps it may more justly be said that tbe latter ever precedes the
former, often are men of no virtue desirous to possess its good fame ; but a
disregard of reputation is to be found only in the most abandoned of man
kind. In these reflections we feel our own situation implicated : the character
of the Senator may involve the reputation of the State which he represents ;
nor does the situation of Humphrey Marshall, charged as he is, with an infa
mous crime, affect only himself and the State from which he is deputed ; it is
highly interesting to the honor, dignity and consideration of the highly in
trusted body of which he is a member.
"We mean not to give an opinion on the justice of the charge which has
been made against Humphrey Marshall. It has been made, and is of such a
nature as must render him unworthy, if true, of any, still more so of the
highest trust. While it is unexamined, untried and undecided, doubts will
exist — those doubts cannot but have the worst effects on the public mind.
The case calls aloud for your most serious attention, and we request you by
everything dear and honorable not to disregard the united voice of reputa
tion, virtue and patriotism. To your wisdom and justice we confide, that the
character of Humphrey Marshall shall be purged of the charge, or your
house of his presence.
"We therefore conclude with requesting that an investigation may imme
diately take place, relative to the charges stated ; and if Humphrey Marshall
can evince his innoeency, that such exculpation may be promulgated through
out the United States, that himself, as well as our State, may be exonerated
from the imputation of such a crime. But if the charges can be fixed upon
him that he may be expelled from a seat in your house."
On motion of Mr. Merriwether, seconded by Mr. Jouette, the yeas and
nays were ordered to be taken on the said address. Those who voted in
the affirmative are Messrs. Abell, Adams, Blane, Bryan, Casey, Davis, Estill,
Garrard, Gregg, Jouette, Parker, Pittman, Rowan, Rawlings, J. Smith, C.
Smith, Walker and Young. And those who voted in the negative are Messrs.
Calmes, Crist, Caldwell, Furman, Grant, Hughes, Hodgens, Logan, Merri-
¦wether, M'Dowell, Pawling, Pickett and Wells. Yeas, 19 ; na3rs, i j.
The statement that Mr. Marshall had made no denial of the charges

'68 THE LIFE AND TIMES OF
of perjury and fraud brought against him by Judges Muter and Sebas
tian, was not true. When the charges were first made Mr. Marshall was
in Philadelphia attending to his duties as a Senator in Congress. While
at Philadelphia he did write and publish a pamphlet denying and dis
proving the charges. i
The Legislature, in its memorial to the United States Senate, states
that Mr. Marshall had brought no suit against the men who had charged
him with fraud and perjury, but neglected to mention the fair and reason
able proposal of arbitration which he had then recently made to his
assailants. It appears to have been impossible for men to be simply just
to Humphrey Marshall. And this writer can not refrain from saying
here that Judge Benjamin Sebastian, then a traitor in the pay of Spain,
standing pleclged to betray his country into the hands of His Catholic
Majesty, convenient upon demand, was indeed a proper person to hound
and humiliate in every conceivable way and by all manner of vile
charges, an honest man, whose only crime was that he had tried to do
his duty by his people and his country honestly, faithfully and con
scientiously. The memorial of the Kentucky Legislature was actually forwarded
to the United States Senate ; and the action taken upon it by that body
may be seen by the following extract taken from the journal of the
Senate, to-wit:
Senate of the United States, March 22, 1796. In the case of the Kentucky
Memorialists exhibiting certain allegations against Humphrey Marshall,
a Senator from that State :
On the question to adopt the report as amended, it passed in the afiSrma-
tive ; yeas, 16 ; nays, 8. The yeas and nays being required by one-fifth of the
Senators present.
Those who voted in the affirmative are Messrs. Bingham, Bradford,
Cabot, Foster, Freylinghuysen, Gunn, Latimer, Livermore, Payne, Reed,
Ross, Rutherford, Strong,- Trumbull and Vining. 1
Those who voted in the negative are Messrs. Bloodworth, Brown, Burr,
Landon, Martin, Mason, Robinson and Tazewell.
So the report was adopted as follows :
The Committee to whom were referred the letter of the Governor and .the
memorial of the Representatives of Kentucky, with the papers accompanyinK
them, report :

HUMPHREY MARSHALL THE ELDER. 69
That the representatives o£ the freemen of Kentucky state in their me
morial that in February, 1795, a pamphlet was published by George Muter
and Benjamin Sebastian (who were two Judges of the Court of Appeals) in
which they say that Humphrey Marshall had a suit in chancery in the said
Court of Appeals, in which it appearing manifest from the oath of the com
plainant, from disinterested testimony, from records, from documents furn
ished by himself, and from the contradictions contained in his own answer,
that he had committed a gross fraud, the Court gave a decree against him ;
and that in the course of the investigation he was publicly charged with
perjury. That Mr. Marshall, in a publication in the Kentucky Gazette, called
for a specification of the charge. To wbich the said George Muter and Ben
jamin Sebastain, in a like publication, replied that he was guilty of perjury in
his answer to the bill in chancery exhibited against him by James Wilkinson,
and that they would plead justification to any suit brought against them
therefor. That no such suit, so far as the Representatives could learn, had
been brought. The said Representatives further say that they do not mean to
give an opinion on the justice of the said charge ; but request that an investi
gation may immediately take place in relation thereto.
Your Committee observe that the said suit was tried eighteen months be
fore Mr. Marshall was chosen a member of the Senate ; and that previous to
his election mutual accusations had taken place between him and the Judges
of the said Court, relating to the same suit.
The Representatives of Kentucky have not furnished any copy of Mr.
Marshall's answer on oath ; nor have they stated any part of the testimony,
or produced any of the said records or documents, or the copy of any paper
in the cause, nor have they intimated a design to bring forward these or
other proofs.
Your Committee are informed by the other Senator and two Representa
tives in Congress from Kentucky that they have not yet been requested by
the Legislature of that Stale to prosecute this inquiry, and that they are not
possessed of any evidence in the case, and that they believe no person is au
thorized to appear on behalf of the Legislature.
Mr. Marshall is solicitous that a full investigation of the subject should
take place in the Senate, and urges the principle that consent takes away
error, as applying on this occasion, to give the Senate jurisdiction ; but as no
person appears to prosecute, and as there is no evidence adduced to the
Senate, nor even a specific charge, the Committee think any further inquiry
by the Senate would be improper. If there were no objections of this sort
the Committee would still be of opinion that the memorial could not be sus
tained. They think that in a case of this kind no person can be held to
answer for an infamous crime unless on a presentment or an indictment of a
grand jury, and that in all such prosecutions the accused ought to be tried by

70 THE LIFE AND TIMES OF
an impartial jury of the State and district wherein the crime shall have been
committed. If, iu the present case, the party has been guilty in the manner
suggested, no reason has been alleged by the memorialists why he has not
long since been tried in the State and district where he committed the offense.
Until he is legally convicted the 'principles of the Constitution and of the
common law concur in presuming that he is innocent. And the Committee
are compelled by a sense of justice to declare that, in their opinion, this pre
sumption in favor of Mr. Marshall is not diminished by recriminating publi
cations which manifest strong resentment against him.
And they are also of opinion that as the Constitution does not give juris
diction to the Senate, the consent of the party can not give it ; and that,
therefore, the said memorial ought to be dismissed.
On motion, Resolved, that the Vice President of the United States be re
quested to transmit a copy of the foregoing report to the Governor of Ken
tucky. Thus did this assault upon Mr. Marshall's character receive its
quietus. If Judges Muter and Sebastian had confidence in the truth of
their charges, nothing appears mor^ reasonable than the supposition that
they would have procured an indictment against Mr. Marshall ; or else
would have accepted his offer to have the matter arbitrated by twelve
good citizens of Woodford county. Taking into account the course of
the accusers, their charges appear to have been a deliberately planned
persecution. Hon. John Brown was Mr. Marshall's colleague in the Senate, and
although he stated to the Senate Committee to whom the matter ¦was
referred, that he was not authorized to prosecute the charges, that he
believed that no one else had been, and that neither he nor any other
person, so far as he knew, had been fumished with evidence upon which
to prosecute the charges — in spite of all this — ^he voted against the report
of the Committee dismissing the memorial. Yet we have the statement
of William Littell ¦that in 1793, only three years before, Mr. Marshall,
then a member of the Legislature, had voted for Mr. Brown for Senator
in Congress.

Mr. Marshall served in the United States Senate until the expiration
of his term in 1801, and then retired to private life, politically dead for
the time. His course in the Senate has been amply vindicated by subse-

HXTMPHRET MARSHALL THE ELDER. Ifi
quent history, although it was bitterly denounced at the time. In his
history of Kentucky he takes occasion to justify his support of the Alien
and Sedition la^ws. And it may be said in passing that in view of the
gathering force of conamunism and anarchism in some of our American
cities at this time, forces which work in secret and culminate in dyna
mite, even Alien and Sedition laws and the power they gave to the
President, might not seem so terrible as they once did if they could be
enforced now.
Humphrey Marshall, retired perforce \o his farm and to his law
office, appears but slightly in the public affairs of the times for a fe^w
years after 1801. He bided his time in silence, awaiting the day he kne'w
must come ¦when other hearts Would be made to bleed. And come it
did in the year 1806.
The Mitposnve of the Spanish Intfigae.
In the year 1806, John Wood and Joseph M. Street came from Rich-
tuond, Virginia, and established in Frankfort a newspaper which they
called "The Western World." Its initial number created a sensation in
Kentucky, for it contained the first installment of what purported to be
an exposure of the French, Spanish, and other intrigues which had vexed
the settlers on the western waters for more than twenty years. The f ol-
lovnng extract from the first number of the Western W'orld •will give an
idea of the character of the alleged exposure :
« 4f * • Thus was the State of Kentucky set up for sale, and to be courted
and intrigued for by two European powers. Gardoque, the Spanish Minister
at Philadelphia, was applied to for that purpose by the King of Spain ; while
Lord Dorchester, the Governor of Canada, was informed with a similar view
by the Ministry of Great Britain. A copy of Wilkinson's report* was trans
mitted to Lord Dorchester, which is probably yet in Lord Dorchester's
possession ; but another manuscript is preserved in the private library of the
Earl of Bute, at his family seat of Mt. Stuart, in Scotland.
ist. With regard to the Spanish negotiation, Gardoque commenced his
operations by sounding John Brown, member of Congress from Kentucky,
* Perhaps this report was the "Desultorj Reflections by a gentleman of Keatocky."

72 THE LIFE AND TIMES OF
then in Philadelphia, on the subject. Having discovered in Mr. Brown an
accommodating disposition toward the Spanish Government, he directly made
proposals for a separation of the State of Kentucky from the United States,
in favor of Spain, on the following conditions ; with an assurance to Mr.
Brown, if they were carried into effect, he himself should be raised to tbe
position of a Spanish Grandee, with a suitable pension for life.
ist. That the citizens would be allowed the privilege of tbeir laws, and
no restraint placed on them in respect to religious matters.
2d. That the navigation of the Mississippi would be equally free to the
Kentuckians as to the otber subjects of Spain.
3d. That in all other matters the Kentuckians would remain on the same
footing with the Louisianians.
Whether these terms were complied with on the part of Mr. Brown, we
know not ; but they are narrated in a letter written at that period by Mr.
Brown to Hon. Samuel McDowell, of Jessamine county, one of the Circuit
Judges of the State. Mr. Brown was then said to be on the point of mar
riage with Mr. McDowell's daughter ; and it is very natural to suppose he
should embrace the first opportunity of informing his intended father-in-law
of the honours which were to be conferred npon him at the Spanish Court.
Part of this scheme is also mentioned in another letter written by Mr.
Brown, about tbe same time, to Judge Muter, the present President of the
Kentucky Court of Appeals. This letter, being obtained in some way from
Judge Muter, was published about 1789, in \the Kentucky Gazette ; 'bnt only
one copy of that paper, we believe, is at this day in existence.* It is in the
possession of Col. Bullitt, of Jefferson county. So careful were the members
of this Association to have every document which gave light upon their
transactions destroyed. * * * *
The letter to Judge Muter, referred to, has already been reproduced
in this sketch. Judge McDowell denied ha^ving received any such letter
from Mr. Brown as was charged by the Western World, but admitted thfe
receipt of a letter from that gentleman which he stated was, in sub
stance, about the same as the letter which Judge Muter received from
Mr. Brown. This statement he made from memory, as the letter had (in
1806) been lost about ten years, as he said. Both Judge Muter and
Judge McDowell, in the heated controversies whioh attended the Western
World publications, printed cards in behalf of Mr. Brown in which they
did all they could, in that way, to clear and exonerate him from the
charges brought against him^ by the World.

^ It is missing from the Gazette file in the Lexington Library.

HUMPHREY MARSHALL THE ELDER. 73
The Western World continued its "exposure" articles through many
numbers, and the circulation of the paper at once went up to a figure
which had hitherto been unknown in newspaper subscriptions in Ken
tucky. The publishers boasted of having "more than a thousand sub
scribers." Their "sensation" increased with its continued agitation,
and finally culminated in the exposure and disgrace of Judge Sebastian,
of the Court of Appeals, who tacitly admitted that he had for years
been a pensioner of Spain. The names of other prominent Kentuckians,
such as Judge Harry Innes, Col. George Nicholas, and Senator John
Brown, were given an unenviable notoriety and implication in these
publications. The Western World was largely instrumental in the expo
sure of Aaron Burr's treasonalde schemes, also ; and led to his quasi
trial at Frankfort by Col. Joseph Hamilton Daveiss, the United States
Attorney for the District of Kentucky.
At the beginning of the publication of the Western World, it is
almost certain that Humphrey Marshall had little or nothing to do with
the paper; but it is equally certain that he was afterwards drawn into
the discussions by being assaulted himself in the prints of the day ; and
it is a reasonalde presumption" — ^nay, almost an absolute certainty — that
he fumished a great part of the thunder with which Wood & Street
made the Kentucky welkin ring. The World was hardly started before
a ¦writer in the Kentnuiky Gazette made the following slash — one of innu
merable others of its kind — at Humphrey MarshaU :
Can Wood be anything more than tbe puppet of a principal juggler, who,
sitting behind tbe curtain, demon-like, to obtain revenge of men whose firm
ness and integrity on former occasions put him off the political stage and
consigned bim to private life ? Why do not men who have proof of the fact
in their possession, drag him from bis den,, and put him into pnblic view in
all his native colors ?
Mr. Marshall, at this time, had many land suits pending before the
Court of Appeals, two of the Judges of which were openly charged witb
complicity in the Spanish intrigue. Marshall had been forced into
newspaper controversies during this time with Judge Coburn, Thomas
Bodley, and others — and in these controversies he signed his name to his
articles. Therefore, much diplomacy was used by his opponents to force

n THE Lim AND TIMES OF
him to use language toward those Judges which might prejudice tliem In
their decisions in his land suits. The man was assailed in every conceiv
able way, and no method by which he might be tortured, annoyed or
injured, was omitted. Like a lion at bay, Humphrey Marshall met these
movements at last in a letter to the Kent'Udky Gazette of Nov. 6, 1806.
He says :
That I have some enemies, for causes originating with themselves, and
who are unwilling to meet me on a correct statement of facts, or who, in the
field of argument, would depress me by means of their tools, is what I well
know, and what the public at least suspect. I can but feel the inequality of a
contest between a private citizen and men in power who, surrounded by their
minions, have ever detachments at command to defame their adversaries, or
to eulogize themselves. The great body of the people, uninformed as to the
feal facts, know only what they hear, and often hear without any means of
corregtly judging. Therefore, frequent and bold assertion assumes the place
of proof, without regard to the source whence it comes. * * * * My situation
is almost without a precedent. I have dared to raise my voice, as to some
particulars, against men who have my property at their disposal, and by a
blow may annihilate my labours for twenty years. Did I not foresee this ?
Yes ; and I would have avoided it, but I had duties to fulfill which, in my
estimation, were paramount to pecuniary considerations as they successively
presented themselves to my view. I have been forced into the conflict by
circumstances and events over which I had no control. 1 have been brought
to a point where it became necessary to submit to imputations and injustice
in silence, or to speak at the risk of still greater outrage ; and in these cases
I have not long hesitated. The same determination will bear me through,
whatever may be the result. I regret one thing ; which is, that assailed as I
am, I have replied in a tone of severity which may have the appearance of
ill-nature to those who do not consider that I am perfectly on the defen
sive. * * * *
Humphrey Marshall's own account of the affairs of 1806, as given in
his history of Kentucky, will be here reproduced, as it is both brief and
interesting :
War with Spain, or Spanish authority in Meslico, bordering on the
United States territory, seemed to be apprehended by many. The
Floridas were also in commotion; the movements of Col. Burr were
suspected ; the whole of which may be considered as concurring causes
of some U'neasiness, hardly amountingf to agitation of the public mind

HUMPHREY MARSHALL THE ELDER. 75
in this country. Early in the season the name of General Wilkinson,
who had left New Orleans about 1804, and was then at St. Louis, began
to be connected with that of Col. Burr and others embarked in enter
prises of a high, ambitious, military and political character, menacing
both the territories of the United States and those of Spain with war
and revolution. While the succession of the seasons still unrolled the
scroll on which this mystery was inscribed * * * *
In the meantime John Wood and J. M. Street * * * * the first a pro
fessed man of lettters ; the other familiar with newspapers, and of
"sterling mettle" and good capacity, as he afterwards approved himself,
formed the project of publishing a weekly newspaper in Frankfort, to
be styled "The Westebn Wobld." Professing rep^ublicanism, they were
encouraged, and by the 1st of July had their project ready for execution,
by contract with WiUiam Hunter, proprietor of the "Palladium" estab
lishment, and editor of a paper so called.
Wood had been in New York, was personally acquainted with Burr,
knew of Miranda's enterprise, and possessed indications of that which
was then generating in the Western States. With these scintillations of
knowledge he had combined information, no less imperfect, which he
had acquired in Kentucky relative to the intrigue of Wilkinson, Brown,
Innes, &c. , -with, the agents of Spain ; and working these into a narra
tive, published it about the 4th of July, to the very great astonishment
of the innocent part of its readers ; and the no less consternation of
some of the guilty — then in or about Frankfort — they being so named
or described therein as to be known. These deny the imputations of
inbrig'uers, Spanish conspirators, &c. ; their friends assert their innocence,
their connexions menace the editors ; and means how to destroy the
establishment and prevent the publication of the paper, are ruminated
¦ynfh the most profound solicitude. The people are observed to take a
deep interest in the subject, and to expect the promised disclosure ¦with
more than ordinary curiosity and anxiety. ' 'The Western World" became
the general topic and, of course, was read with avidity.
Another number appeared, in the character of the first, and existing
impressions were deepened ; society was agitated ; and while Wood kept
his closet, or evaded assault by his pusillanimity, Street met not only
those who desired to know the truth, but those whose object it was to
suppress it, with a firm and manly countenance. He was assaulted,
and repelled the assailants. His life was in jeopardy, since it was
perceived that nothing but his death could prevent an exposure of
the guilty. Two of the most criminal, Sebastian and Innes, were
then high in office. An assassination was attempted by George
Adams, armed with two pistols, and repelled by Street with a dirk,

76 THE LIFE AND TIMES OF
after receiving a wound on the breast by the discharge of one of
these firearms. The flight of Adams, and consequent pursuit, were
arrested by the interference of some of the citizens who had become
yvitnesses of the scene. The parties were taken into custody, and bail
required of them for appearance, &c. Mr. Adams found no difficulty in
giving bail ; with Mr. Street the case was very different. Everywhere
repulsed by friends, lately professed, he looked to the jail as his next
tenement ; when meeting with Humphrey Marshall, hitherto a distant
spectator and but a slight acquaintance, he found bail ; in whioh it is
believed that Col. J. H. Daveiss, then happening to be in Fratikfort,
joined ; Marshall thereby reviving, and Daveiss incurring, the malignant
resentment of the implicated Judges, &c. In due time the late combat
ants were tried. Street acquitted, and Adams found guilty, as was sup
posed, of a penitentiary crime. But, behold ! the Attorney-General, who
prosecuted for the Commonwealth, and who alleged the shooting in the
indictment, had very innocently, no doubt, and void of the least design,
being one of the opposers of the Western World, omitted to allege that
"the shooting was with intent to kill." And so fhe jwry had not fo'wnd
Mr. Adams guAlty of any crime ; when judgment was arrested, and the
late accused discharged without further prosecution. Such are believed
to have been the facts. Should any curious reader inquire, or one who
may be dissatisfied refiect, why this was so, it is thought he may find a
solution in the narrative itself ; if not, then certainly in the grade of
morals belonging to the public functionaries of the time, and in the
divided state of public opinion, ever befriending crimes.
The Western World continued, however, to revolve upon its axis, and
to acquire friends as it spread conviction.
A writer whose numbers were signed "An Obsebtbk,"* who appeared
to be possessed of many facts relative to the Spanish intrrig'ue of ea/rUer
times, as if yielding his confidence to the fortitude of Street, entered
into the controversy ; gave consistency to the narrative ; elicited evidence,
even from the implicated, which completely established the main facts
as to the Kentuckians concerned ; while he conciliated to the paper an
immense support from public opinion, however prudish and coy, where
those in power and popularity are attacked and exposed. But •what
matters public opinion in such cases, unless it can be brought to act in
some efficient, organized form? Such progress had been made in the
development of the Kentucky intrigue that it became an object to get it
before the approaching session of the Legislature. To effect this, an
address to that body was drawn up by "An Observer," stating in pretty

* This "was Humphrey Marshall.

HTTMPHREY MARSHALL THE ELDER. 71
clear terms that Benjamin Sebastian, one of the Judges of the Court of
Appeals, was a pensicmer of Spain, and praying au inquiry. This was
printed confidentially, having yet to encounter the opposition of Henry
Clay, John Allin, and others who found their interest supported by it as
attomies and politicians of the times. The efforts of these gentlemen
were directed and exerted to prevent the intended Legislative inquiry.
When the address to the people was printed some of the copies were
taken to Versailles and offered for subscription, where they were dis
countenanced by a few, but approved and signed by the independent
farmers ; taken in^to possession by William Blackburn, a member from
the county, and by him, as it is believed, made known to the other mem-
beA. The Court and its adherents, at that time a formidable phalanx,
were not to be assailed, even in one of its members, without much risk
in case of failure. What, however, had been expected, took place ;
measures being taken to bring the subject before the Legislature, where
it inight be fully and effectually investigated ; several persons of respect
ability who had withheld the evidence which they possessed of the
material facts, or' had whispered them only in confidence, hence became
more communicative, and it was soon ascertained that the receipt of a
pension by Judge Sebastian could be proved by persons in no manner
implicated in the transaction.
A resolution of inquiry was passed, and an investigating committee
appointed, by the Legislature, ¦with the following result, as stated in
MarshaU's History :
The case, thus presented, became exceedingly disagreeable, and
even embarrassing, to some of the members, whose object was to evade
the inquiry, but who did not possess assurance sufficient to oppose it by
direct means. * * * »
After the Committee met and determined to send for witnesses,
Sebastian and his friends, considering his detection unavoidable if the
investigation could not be arrested, attempted first to obtain a postpone
ment, under pretence of giving the Judge time to prepare for his
defense ; that failing, and knowing his guilt, in the next place, in order
to screen others who would unavoidably be exposed, and who had also
stood out "the patriots of their day," the Judge resigned his seat in the
Coilrt of Appeals ; of which information was sent by the Govemor to "
the Committee, who refused to take any notice of it, and proceeded.
Witnesses were sent for, and attended, among them Judge Innes.
the coadjutor of Sebastian in the Spanish intrigue. He, being sworn,
proceeded, under strong symptoms of perturbation and reluctance, to

78 THE LIFE AND TIMES OF ,
disclose some account of the mission of Mr. Sebastian in 1795 to treat
for the navigation of the Mississippi ; already mentioned ; connecting it
with the Democratic Society and French intrigue, as if to enlarge his
circle of worthies ; but being inuch embarrassed, he obtained permission
to withdraw, as it appeared he had no more to say. Either in the latter
part of the same day, or in the course of the next, having in the mean
time consulted several friends as to the propriety of disclosing the over
ture of 1797 to dismember the Union, also previously mentioned, and
being advised to do so, as it was rendered nearly impossible that it
should be much longer concealed — the Judge re-appeared before the
Committee in an agony of distress, and suggested that he had something
more to communicate. Due attention being rendered, he was desired to
proceed. He began, but found himself so affected by his reflections and
feelings that his respiration became oppressed and his voice nearly ex
hausted, when he was allowed to retire and reduce his deposition to
writing. This being done, disclosed the transactions with Mr. Power ;
which, having been placed under their proper date, needs no further
remark. * * * * ^
The effect of the explosion was indeed great, for the time ; but no
effort that could be made was omitted to reduce it, or to put down those
who had been the moving cause of the examination •which had thus
stripped of its fraud and treachery a faction which had existed in the
bosom of the State from the year 1788, and whose objects have already
been exposed.
Judge Innes, the coadjutor of Sebastian, remained unmolested, and
even uncensured by any expression of opinion on the part of any public
functionary. '^'
Innes i/s. ^afshall.
The suit of Judge Harry Innes against Humphrey Marshall was one
of the most absorbing affairs of the times. The suit was brought by
Judge Innes for damages for the alleged defamation of his character by
Marshall in charges made by him against Innes in the Western Wprld,
and other public prints of the day. Marshall was quite sure that Judge
Innes was as deeply implicated in the Spanish intrigue as Judge Sebas
tian had been ; and, proceeding upon these premises, he made matters so
warm for Judge Innes that his honor had no alternative but to bring
suit against Marshall, which he did. He also brought a similar suit

HUMPHREY MARSHALL THE ELDER. 79
against Joseph M. Street. This suit, which was tried flrst, was brought
up in the Jessamine Circuit Court and resulted in a verdict, in 1811, for
Innes, who was awarded 8750 damages ; and Street's motion for a new
trial was overruled. Mr. Street, in his deposition in the case of Innes
vs. Marshall avers that judgment was given against him by the jury
npon the promise of Henry Clay and Eobert Wickliffe, Judge Innes's
attorneys, that the damages ¦would never be collected, if awarded, since
their client was anxious only to 'vindicate his character. "And if they
should be collected, said Mr. Wickliffe, in a dry, hard tone, and vyith
much grimace, Humphrey Marshall is morally bound to pay it and not
Street."* Henry Clay made a similar statement to the jury, and the
¦verdict was brought in against Mr. Street, but no attempt was made
then to collect the damages awarded.
The case against Marshall was carried ¦to the Mercer Circuit Court,
and a great deal of testimony in the way of depositions was taken by
each party. The deposition of Joseph M. Street, already alluded to, is
perhaps one of the most remarkable documents of the kind in existence,
and gives a condensed, spicy and highly interesting history of the
troubles of the times. His account of the efforts that were made by
prominent men to suppress the World's exposures, by intimidation, .bribe
ry, &c. , are quite startling. Jchn Wood was early intimidated and after
wards bribed ; but Street was of more sterling mettle ; although he
admits that he was once upon the very point of yielding his integrity to
the seductive blandishmen^ts of Henry Clay, when they w^ere inadvert
ently interrupted by Col. Jos. Hamilton Daveiss, whose appearance
recalled Street to his sense of honor and enabled him to repel Mr. Clay's
degrading overtures. The Western World, notwithstanding it accom
plished wonders, did not long survive, and Mr. Street left Frankfort and
went to Illinois. In 1814 he retumed to Frankfort, and was applied to
by Humphrey Marshall to make a deposition in Innes vs. Marshall ; and
upon being apprised of this fact, Judge Innes swore out a writ against
Street for the paynlent of the $750 damages assessed against him in the
Jessamine Circuit Court in 1811 in Innes vs. Street. Mr. Street was
unable to pay this and was cast into prison.

* Jos. M. street's deposition.

80 THE LIFE AND TIMES OF
The cause of Innes vs. Marshall, in the Mercer Circuit Court resulted
in a "hung jury," the majority of whom were in favor of flnding for the
defendant. Marshall's History of Kentucky makes this mention of the
matter ; viz : '
Judge Innes, as he retained his office, is thought of sufficient impor
tance to justify the mention of the fact, sued Humphrey Marshall for
publishing of him "that he was a weak and partial judge, an enemy to
his government, and one whom he ranked with a Sebastian, a Blount
and an Arnold." And such was his reliance upon the countenance and
support of party that it must be supposed he expected to get a vote in
his favour. His damages were laid at many thousand dollars. A trial at
length was had which occupied ten or twelve days and terminated in a
divided jury ; in which it was understood that there were five for flnding
something for the Judge were it but a cent ; the others said, ' 'No, not
a cent." The case aftewards went off, each party paying his own cost.
As Mr. Marshall states, the suit was compromised, each party agreeing
not again to write or publish anything against the other. This was in
1814. The flrst edition of Marshall's Histoiy of Kentucky containing
much derogatory matter about Judge Innes, had appeared in 1813. In
1834 this history was revised and enlarged, and published in two
volumes, in which very little if any ne^w matter derogatory to Judge
Innes was introduced. Mr. Marshall was not obliged, under the
agreement, to suppress from future editions of his history matter whicb
had already appeared in the edition of 1813.

The Tfuth Hboat the Spanish Conspiraey.
There has been no effort made to give in this sketch any connected
history of the British, Spanish and French intrigues which vexed the
early settlers of Kentucky ; nor of the Burr conspiracy, which came to
naught in 1806, although Humphrey Marshall, more than any other one
man, was the means of frustrating them, one and all. The history of
these matters, properly written, ¦would be voluminous, and entirely
¦without the scope of this little work. What is said herein about them
is said with the view of showing the character and moral stamina of

HUMPHREY MARSHALL THE ELDER. 8f
Humphrey Marshall, as well as to explain the relations he bore to many
of his most prominent contemporaries.
The truth about the Spanish conspiracy was not known until about
twenty-five years ago, when the Legislature of Louisiana procured
from the archives of Spain, at Madrid, copies of a great many documents-
relating to the Spanish domination of Louisiana. These copies are now
preserved in the Louisiana archives, and are quoted freely by Hon.
Charles Gayarre in his admirable liistory of that State, published in 1866.
To one who reads in Ms history of Kentucky Humphrey Marshall's
acconnt of the Spanish intrigue, the revelations made by the Spanish
archives upon that subject appear almost like the fulfilment of proph
ecy. When we reflect that Humphrey Marshall wrote his account of the
affair without any positive proof, but merely as the conclusions reached
from his personal observation of men and affairs, ¦we are lost in admira
tion of the man's ¦wisdom, acumen and sagacity, when we see those
conclusions upheld and approved almost in detail by the documents ex
humed from the archives of Spain.
This is so remarkable that it is thought excusable to insert in this
connection the somewhat lengthy but very interesting account of the
matter contained in Hon. Z. F. Smith's recent history of Kentucky ;
which says :
It becomes here the imperative duty of the historian to tum back
for almost a quarter of a century [From 1806] ¦to the period when these
foreign intrigues began first to agitate the sentiment of Kentucky, and
to review them from an entirely different standpoint. So far, the testi
monies introduced as to the proceedings and parties implicated, have
been such as appeared from time to time in the discussions and investi
gations within our own State, where there could be no official records
and proofs to reinove the veil of mystery which so long hung over this
romantic episode of history. Such official records were, of course, only
in existence with the foreign authorities with whom the conspirators in
Kentucky held communication. These records are mainly on file in the
archives of Spain, at Madrid, and have become to us a revelation that
clears np all mystery and doubt as to the formidable significance of the
intrigues by which it was sought to sever the Union, by the divide of the
Alleghany range.
Of the correspondence and papers between Wilkinson and his asso-

82 THE LIFE AND TIMES OF
ciates, and the Spanish authorities at New Orleans, Gayarre says in his
"History of Louisiana under the Spanish Domination," that "Most of
these dispatches, if not all, were originally in cipher ; they are to be
found at length, and in Spanish, in the archives of Spain. Copies made
in compliance with a resolution of the Legislature of the State of
Lousiana, under the supervision of M. de Gayangos, a gentleman distin
guished for his learning and literary works, and also under the direction
of his excellency, Eomulus Saunders, who was then the United States
Minister at Madrid, are deposited in the office of the Secretary of State
at Baton Rouge." Gayarre has most liberally quoted these documents
from the latter official file, and presents to us, upon the pages of his
history, an intensely interesting account of the intrigues, from their
inceptidn to the end.,V ... 'rjj
In the letter of the Sth of January, 1788, from Miro, the Intendent
of the province of Louisiana, to Valdes, Secretary of State for the
Indies, at Madrid, his understanding of the relations of Gen. Wilkinson
are expressed in the following extracts: "The delivering up of Ken
tucky unto his majesty's hands, which is the main object to which Wil
kinson has promised to devote himself entirely, would forever constitute
this province a rampart for the protection of New Spain. The Western
people would no longer have any inducement to emigrate, if they were
put in possession of a free trade with us. This is the reason why this
privilege should be^ granted to only a few individuals having influence
among them, as is suggested in Wilkinson's memorial ; because, seeing
the advantages bestowed upon a few individuals, they niight be easily
persuaded to acquire the like by becoming Spanish subjects."
On the llth of April, 1788, Miro and Navarro, in a joint dispatch,
informed the Spanish Cabinet that they had received a communication
from Wilkinson, in cipher, from which the following is quoted : "I have
collected much European and American news, and have made various
observations for our political designs. It would take a volume to contain
all I have to communicate to you ; but I dispatch this letter with sueh
haste, and its fate is so uncertain, that I hope you will excuse me for not
saying more until the arrival of my boats ; and in the meantime I hope
you will content yourself with this assurance. All my predictions are
verifying themselves, and not a measv/re is taken on 'both sides of the moim-
taitns which does not conspijre to fa/vor ours."
In the archives is a letter of Wilkinson's, written from Kentucky to
Miro and Navarro, of date May 15th, from which we quote : "My dea/r
and venerable Sirs : I have for the second time the pleasure of addressing
you, and I flatter myself that some time ago you received my flrst, which
I sent by express in a pirogue with two oarsmen, and the answer to whioh

HUMPHREY MARSHALL THE ELDER. 83
I am continually expecting. Major Isaac Dunn, the bearer of this
dispatch, and an old military companion of mine, came to settle in these
parts during my absence. Permit me to recommend him as one worthy
of your entire confidence, and as a safe and sagacious man, acquainted
¦with the political state of the American Union, and with the circum
stances of this section of the country. On the flirst of January next,
1789, by mutual consent, this district will cease to be subjected to the
jurisdiction of Virginia. A convention has been called already ¦to form
the constitution of this section of the country, and I am persuaded that
no action on the part of Congress wiU ever induce this people to abandon
tiie plan which they have adopted, although I have intelligence that
Congress will, without doubt, recognize us as a Sovereign State.
"The convention of which I have spoken ¦will meet in July. I ¦wiU',
in the meantime, inquire into the prevailing opinions, and shall be able
to ascertain the sentiments of the members elected. When this is done,
after living previously come to an understanding with two or three
individuals, capable of assisting me, I shall disclose so much of our great
scheme as may aj^iear opportune, according to circumstances, and I have
no doubt but that it will meet with a favorable reception ; because,
although I have been communicative with no more than two individuals,
I have sounded many, and wherever it has seemed expedient to me to
make known my answer to your memorial, it has caused tbe keenest
satisfaction. Colonel Alexander Scott Bullitt, and Harry Innes, our
Attorney-General, are the only individuals to whom I have entrusted
our views, and, in case of any mishap befalling me before their accom
plishment, you may, in perfect security, address yourselves to these
gentlemen, whose political designs entirely agree ¦with yours. Thus, as
soon as the new government shaU be organized and adopted by the
people, they will proceed to elect a Govemor, members of the Legis
lature, and other officers, and I doubt not they will name a political
agent with power to treat of the affair with ¦which we are engaged, and
I think this will all be done by the month of March next.
"I do not anticipate any obstacle from Congress, because under the
present Federal compact, that body can neither dispose of men nor
money, and the new govemment, should it establish itself, will have to
encounter difficulties which wUl keep it weak for three or fours years,
before the expiration of which I have good groimds to hope we shall
have completed our negotiations, and shall have become too strong to be
snbjec^ted by any force which may be sent against us. The only fears I
have proceed from the policy which may prevail in your court. I am
afraid of a change in the present ministry, and in the administration of
Louiaana."

84 THE LIFE AND TIMES OF
The impressions made on the mind of Miro by these dispatches are
set forth in the following observations, which he forwarded to the
Cabinet at Madrid, along with the letter of Wilkinson : "The flat-boats
of Brigadier-General Wilkinson have just arrived with a cargo that cost
seven thousand dollars in Kentucky, under the care of Major Dunn, who
has delivered me the letter of which I forward the translation. It will
make you acquainted with the State in which is the principal affair
mentioned in my confidential dispatch. No. 13. The Major confirms all
Wilkinson's assertions, and gives it out as certain that next year, after
the meeting of the flrst assemblies in which Kentucky will act as an
independent State, she will separate entirely from the Federal Union.
He further declares that he has come to this conclusion from having
heard it expressed in various conversations among the most distinguished
citizens of the State, that the direction of the currents of the rivers
which- run in front of their dwellings, points clearly to the power with
which they ought to ally themselves. The said Brigadier-General, in a
private letter addressed to me, adds that he flatters himself with the
prospect of being the delegate of his State to present to me the proposi
tions which will be offered by his countrymen, and that he hopes to
embrace me in April next.
"Although his candor, and the information I have sought from
many who know him well, seem to assure us that he is working in
good earnest, yet I am aware that his intention may be to enrich
himself at our expense by inflating us with hopes and promises which
he knows to be vain. Nevertheless, I have determined to humor him
on this occasion. As you have seen, Wilkinson promised a volume
of information when his flat-boats should come down. He has kept his
word, and transmitted me various newspapers containing articles on the
Mississippi, and a paper of his own, full of reflections on the new
Federal Government, the establishments on the Ohio, and the navigation
of the Mississippi."
Navarro, an able and gifted statesman, had preceded Miro as In
tendant of Louisiana. On retuming to Spain, in a last dispatch to
Madrid, to be submitted as a memorial to the King, he seeks to portray,
in strong colors, the situation in the pro^vince over which he had charge,
and at the request of the Minister of the department for the Indies. H^
represented that Spain must apprehend imminent danger from the
thirteen American colonies which had recently become free and inde
pendent and had assumed rank among the nations of the earth, under
the appellation of the United States of America. He dwelt with marked
emphasis on the ambition and tliirst of conquest which his keen eye
could detect in the breast of the new-born giant, who, as he predicted

HUMPHREY MARSHALL THE ELDER. 85
with prophetic accuracy, would not rest satisfled until he had stretched
his domains across the continent and bathed his vigorous young limbs in
the placid waves of the Pacific. This ominous and dreaded event was
only to be prevented by severing the Atlantic States from the boundless
West, where so much power was only slumbering in the lap of the
veildemess. To do this, Spain must grant every sort of commercial
privileges to the masses in the Wes^tem region, and shower pensions and
honors on their leaders. This memorial produced a powerful impression
at Madrid, and confirmed the Govemment of Spain in the policy already
begun. On the 3rd of November, 1788, Miro wrote to Minister Valdes, at
Madrid, as follows: "This affair proceeds more rapidly than I had
presumed, and some considerable impetus is given to it by the answer of
Congress to the application of Kentucky to be admitted to the Union as
an Independent State. That answer is, that the new Federal Goverment,
which is soon to go into operation, will take their vyishes into consider
ation, and will act thereon." This information Don Diego Gardoqui
must have communicated, but he did not what follows :
"OUver PoUock, a citizen of Philadelphia who arrived here three
days ago in a vessel from Martinique, has declared to me that Brown, a
member of Congress, who is a man of property in Kentucky,- told him in
confidence that in the debates of that body on the question of the
independence of that Territory, he saw clearly the intention of his
coUeagues was that Kentucky should remain under the jurisdiction of
Congress, Uke the county of Illinois, and that a Govemor should be
appointed by them for that province, as for the other ; but that, as this
was opposed ¦to the welfare of the inhabitants of Kentucky, he was
determined to retum home (which he did before PoUock's departure
from Philadelphia) and, on his arrival, to caU for a general assembly
of his ff Uow-eitizens, in order to proceed immediately to declare them
selves independent, and to propose to Spain the opening of a commercial
intercourse, ¦with reciprocal advantages ; and that, to accomplish this
object, he would send to Pollock the necessary documents, to be laid
before me, and to be forwarded to your excellency. He requested
PoUock to prepare me for it in anticipation.
"Your excellency wUl therefore rest assured that Brown, on his
arrival in Kentucky, finding Wilkinson and his associates disposed to
surrender themselves up to Spain, or at least to put themselves under
her protection, wiU easily join them ; and it is probable, as Wilkinson
has already f ore^told it, that next spring I shall have to receive here a
deputation appointed in due form.
"I acted toward Pollock with a great deal of caution, and answered

86 THE LIFE AND TIMES OF
him as one to ¦W'hom had been communicated some new and unlooked-for
information, giving him 'to understand that I could not pledge to him
my support before seeing the documents which he expected."
On the 12th of February, 1789, Wilkinson again wrote at length to
Gov. Miro, asserting that he had, at that time, disclosed himself fully
only to Innes and Col. Bullitt ; and having since made a stricter inquiry,
discovered that the proposed new govemment of the United States had
inspired some with apprehension, and others with hopes in which he
foresaw some probable cause of opposition and delay. All idea of
Kentucky subjecting herself to Spain must be abandoned for the present ;
the only feasible plan now was to effect a separation from the Union
and an alliance with Spain, on terms to be negotiated. He had brought
this question of separation before the people with earnestness and
adroitness, speaking of it in general terms as having been recommended
by eminent politicians of the Atlantic coast, with whom he had' con
versed on the affair ; and thus, by indirect suggestions and arguments,
he had inspired the people with his o^wn views, ¦without urging them as
original with himself. He found all the men of the first class of society
in the district, with the exception of Marshall and Muter, decidedly in
favor of separation, and afterwards for an alliance with Spain. At
flrst, these two objectors had expressed the same sentiments for separa
tion, but their feelings had taken a different direction, from private
motives of interest and from personal pique. He then determined to
bring the question into the convention. From the same letter we quote :
"I was then occupied until the 38th of July, on which day our
convention met at Danville, in conformity with the ordinance you saw
in the Oazette which I sent you by Major Dunn. The Honorable Samuel
McDowell, president of the convention, had the day before received a
packet from the Secretary of Congress, containing an account of the
proceedings of that body on the subject which excited our solicitude —
that is, our in^tended separation from the State of Virginia.
"You will remember that in my memorial I was of opinion that the
Atlantic States would not consent to the admission of this district into
the Union as an independent State ; but on my return from New Orleans
I was induced to alter my opinion, from information which I received
from persons of the highest authority ; and under that new impression I
wrote you by Major Dunn. Thus we were not prepared for an unex
pected event, of which we could have received no premonition. You
will at first sight discover, on perusing the aforesaid paper No. 1, that
this act of Congress was passed with the intention to gain time, amuse
and deceive the people of this district, and make them believe that they
could rely on the good dispositions of the Atlantic States, until the

HUMPHREY MARSHALL THE ELDER. 87
formation of the new govemment, when our opponents flatter themselves
it will be able to check our designs. Unfortunately, this artifice pro
duced but too much effect on the members of this convention, and
confirmed the apprehensions of others.
"From this proceeding of Congress it resulted that the convention
was of opinion that our proposed independence and separation from
Virginia not being ratified, its mission and powers were at an end, and
we found ourselves in the altemative either of proceeding to declare our
independence, or of waiting according to the recommendation of
Congress. This was the state of affairs when the Hon. Caleb WaUace,
one of our Supreme Judges, the Attorney-General, Innes, and Benjamin
Sebastian, proposed a prompt separation from the American U|nion, and
advocated with intrepidity the necessity of the measure. The artifice of
Congress was exposed, its proceedings reprobated, the consequences of
depending on a body whose interests were opposed to ours were depicted
in the most vivid colors, and the strongest motives were set forth to
justify the separation.
"Nevertheless, sir, when the question was finaUy taken, fear and
foUy prevailed against reason and judgment. It was thought safer and
more convenient to adhere to the recommendation of Congress, and, in
consequence, it was decided that the people be advised to elect a new
convention, which should meet in the month of November, in conformity
wdth the ordinances which you wiU find in the Oazette No. 3.
"Some of my friends urged me to avaU myself of this opportunity to
revive the great ques^tion, but I thought it more judicious to indulge
those who, for the moment, wish only that a new appUcation be made
for the indepenence and separation of Kentucky from Virginia, and that
a memorial be made to Congress on the necessity of obtaining the free
use of the navigation of the Mississippi. I assented to these last propo
sitions the more readily that it was unanimously resolved that, should
any of them be rejected, then the people would be invited to adopt all
the measures necessary ¦to secure for themselves a separate govemment
from that of the United States, because it would have become evident
that Congress had neither the wUl nor the power to satisfy their hopes.
I determined, therefore, to wait for the effects which vyiU result from
the disappointment of those hopes, and on which I rely to unite the
country into one opinion. This is the basis on which the great question
now rests, and the convention has adjourned to the next month.
"Thus, sir, if we review the policy favored by the inhabitants of
Kentucky, we see that the most inteUigent and the wealthiest relish our
designs, which are opposed by only two men of rank, who, controUed by
their fear of siUy demagogues, and filUng their foUowers with hopes

88 THE LIFE AND TIMES OF
from the expected action of the new Congress, have caused the suspen
sion of the measures we had in view to unite the people, and thus to
secure the success of our plans without involving the country in violent
civil commotions.
"There are three conditions which are requisite to perpetuate the
connection of this section of the country with the Atlantic States. The
first and most important i^ the navigation of the Mississippi ; the second,
which is of equal consequence, is the admission of this district into the
Union as an independent State, and on the same footing with the others ;
the third, which is of less moment, is the exemption from taxes until
the befalling of the two events pre^viously mentioned. Now, sir, as two
of these conditions are inadmissible, either by the Atlantic States or by
Spain, can any one hesitate to declare what will be the consequences ?
With due deference, I say, no ; because, as it was not rational to sup
pose the voluntary casting away of property that another may profit by
it, so it is not to be presumed that the Eastern States, which at present
have the balance of power in' their favor in the American govemment,
will consent to strip themselves of this advantage, and increase the
weight of the Southern States, by acknowledging the independence of
this district, and admitting it to be a member of the Federal Union.
That the people of Kentucky, as soon as they are certain of being refused
what they claim, wiU separate from the United States, is proclaimed
even by Marshall and Muter, and their more timid followers.
"But, sir, should unforeseen events produce results contrary to my
wishes, to my logical deductions, and to my hopes, should an obstinate
resistance to forming a connection with Spain, or should an unexpectedly
hostile disjjosition manifest itself in the settlements, then the true
policy would be to make of emigration the principal object to be
obtained, and Spain would always have the power, through some agents
of an eminent rank here, to draw to her the most respectable portion of
the population of this district. Hundreds have applied to me on this
subject, who are determined to follow my example, and I do not deceive
myself, nor do I deceive you, sir, when I affirm that it is in my power to
lead a large body of the most opulent and most respectable of my fellow-
citizens whither I shall ^o myself at their head ; and I flatter myself
that after the dangers I have run and the sacrifices which I have made,
after putting my honor and my life in your hands, you can have no
doubt of my favorable dispositions toward the interests of His Catholic
Majesty, as long as my poor services shall be necessary.
"After having read these remarks you wiU be surprised at being
informed that lately I have, jointly with several gentlemen of this
country, applied to Don Diego Gardoqui for a concession of land, in order

HUMPHREY MARSHALL THE ELDER. 89'
to form a settlement upon the river Yazoo. The motive of this application
is to procure a place of refuge for myself and my adherents, in case it
should become necessary for us to retire from this country, in order to
avoid the resentment of Congress. It is true that there is not, so far,
the slighest appearance of it, but it is judicious to provide for aU possible
contingencies. "The British Colonel Connolly, who is mentioned in Gen. St. Clair's
letter, arrived at LouisviUe in the beginning of October, having traveled
from Detroit, through the woods, to the mouth of the river Big Miami,
from which he came down the Ohio in a boat. My agent in LouisviUe
gave me immediate information of that fact, and of the intention which
ConnoUy had to visit me. Suspecting the nature of the negotiation he
had on hand, I determined, in order to discover his secret views, ¦to be
beforehand with him, and to invite bim here. Consequently, he came to
my house on the 8th of November. I received him courteously, and as I
manifested favorable dispositions toward the interest of His Brittanic
Majesty, I soon gained his confidence, so much so that he informed me
that Great Britain, desiring to assist the American settlers in the West
in their efforts to open the navigation of the Mississippi, would join
them ¦with ready zeal to dispossess Spain of Louisiana. He remarked
that the forces in Canada were not sufficient to send detachments of
them to ns, but that Lord Dorchester would supply us ¦with aU the
implemen^ts of war, and ¦with money, clothing and supplies to equip ten
thousand men, if -we wished to engage in that enterprise. He added that,
as soon as our plan of operation should be agreed upon, these articles
w-ould be sent from Detroit, through Lake Erie, to the river Miami, and
thence to the Wabash, to be transported to any designated point on the
Ohio, and that a fleet of Ught vessels would be ready at Jamaica to take
possession of the Balize, at the same time that we should make an attack-
from above. He assured me that he was authorized by Lord Dorchester
to confer honors and other rewards on the men of influence who should
enter on that enterprise, and that aU those who ¦were officers in the late
Continental army should be provided with the same grade in the service
of Great Britain. He urged me much to favor his designs, offering me
what rank or emoluments I might wish for, and teUing me at the same
time that he was empowered to grant commissions for the raising of
t^wo regiments, which he hoped to form in Kentucky.
"After ha^ving conversed with him and found out all that I wished
to know,T began to weaken his hopes by observing that the feelings of
animosity engendered by the late revolution were so recent in the hearts
of the Americans, that I considered it impossible to entice them into an
aUiance with Great Britain ; that in this district, particularly in that

90 THE LIFE AND TIMES OF
part of it where the inhabitants had suffered so much from the barbar
ous hostility of the Indians, which were attributed to British influence,
the resentment of every individual was much more intense and implaca
ble. In order to justify this opinion of mine, and induce him to go back,
I employed a hunter who feigned attempting his life. The pretext
assumed by the hunter was the avenging the death of his son, murdered
by the Indians at the supposed instigation of the English. As I hold
the commission of a civil judge, it was, of course, to be my duty to
protect him against the pretended murderer, whom I caused to be
arrested and held in custody. I availed myself of this circumstance to
communicate to Connolly my fear of not being able to answer for the
security of his person, and I expressed my doubts whether he could
escape with his life. It alarmed him so much that he begged me to give
him an escort to conduct lum out of our territory, which I readily
assented to ; and on the SOth of November he re-crossed the Ohio upon
his way back to Detroit. I did not dismiss him without having previously
impressed upon him the propriety of informing me, in as short a time as
possible, of the ultimate designs of Lord Dorchester. As this man was
under the protection of the laws of nations, and as he carefuUy avoided
to commit any oflense against our government, I considered the measure
I had resorted to as the most appropriate to destroy his hopes with
regard to this country, and I think the relation that he will make on his
retum to Canada will produce the desired effect. But should the
British be disposed to renew the same attempt, as it may very well tum
out to be the case, I shall be ready to oppose and crush it in the bud.
"I deem it useless to mention to a gentleman well versed in political
history that the great spring and prime mover in all negotiations is
m,oney. For these objects I have advanced flve thousand dollars out of
my own funds ; and half of this sum, applied opportunely, would attract
Marshall and Muter on our side, but it is now impossible for me to
disburse it."
General St. Clair, in a letter to Major Dunn, of date December 5th,
says: "Dear Dunn — I am much grieved to hear that there are strong
dispositions on the part of the people of Kentucky to break off their
connections with the United States, and that our friend Wilkinson is
at the head of this affair. Such a consummation would involve our
country in the greatest difficulties, and completely ruin it. Should
there be any foundation for these reports, for God's sake make use of
your influence to detach Wilkinson from that party."
Though Wilkinson promised no further dispatches until May, yet on
the 14th of February, he again wrote to Miro, from which letter we
quote : "If you have felt some disquietude over the sUence of the

HUMPHREY MARSHALL THE ELDER. 91
Ministry on my memorial, and if you have nothing satisfactory from our
dear friend Navarro, I think you should be satisfied, because it seems
our plan has been eagerly accepted. Don Gardoqui has received ample
powers to make proper arrangements in order to estrange our people
from the Union, and induce them to form an alliance with Spain.- I
received this information first from Mr. Brown, Congressman from this
district, who, since our application for admission into the Union has
been suspended, entered into some free communications on this matter
¦with Gardoqui. He retumed home in September, and, finding some
objection to our project, positively refused to advocate in pubUc the
propositions of Gardoqui, as he deemed them fatal to our cause. Brown
is one of our deputies or agents ; he is a young man of respectable
talents, but timid, ¦without experience, and wdth very little knowledge
of the world. Nevertheless, as he perseveres in his adherence to our
interests, we have sent him to the new Congress, apparently as our
Kepresentative, but in reaUty as a spy on the actions of that body. I
¦would myself have undertaken that charge, but I did not for two
reasons — ffirst, my presence was necessary here ; and next, I should have
found myself under the obUgation of sweating to support the new
govemment, which in duty 1 am bound to op/pose."
This lengthy supplemental dispatch closes ¦with the pithy and
facetious expression : "Herein enclosed (Doc. No. 3.), you ¦wiU flnd two
Gazettes, which contain aU the proceedings of our last convention. You
wUl observe that the memorial fo Congress was presented by me, and
perhaps your first impression wiU be one of surprise that such a docu
ment should have issued from the pen of so good a Spaniard. But my
poUcy is to justify in the eye of the world our meditated separation
from the Union, and to quiet the apprehensions of some friends in the
Atlantic States. Thus having pubUcly represented our rights and
established our pretensions, if Congress does not support them, which it
ean not do, even if it had the inclination, not only wiU aU the people of
Kentucky, but also the whole world, approve our seeking protection
from another quarter."
On the llth of April, Miro forwarded the two very expressive
dispatches of Wilkinson to Madrid, and the documents annexed to them.
He shares Wilkinson's opinion that the independence of the Western
people, under protection of and aUiance with Spain, would be more to
the interest of Spain than direct annexa^tdon to her dominions, on
account of the responsibiUties and expenses which such an^ acquisition
would entaU, and also on account of tbe jealousies and oppositions it
¦would eUcit from other powers. He urgently inquires of the Cabinet
what he shaU do in case Kentucky declares her independence and sends

92 THE LIFE AND TIMES OF
delegates to him. He is unprepared to supply her people with ammuni
tion, arms, and other ' implements they may need to resist any action of
the Federal Government, should it attempt to coerce them into submis
sion. Said he further to the Minister: "In paragraph B you will find
an account of the bold act which Wilkinson has ventured to take, in
presenting his flrst memorial in a public convention. In this act he has
so completely bound himself that, should he not be able to obtain the
separation of Kentucky from the Union, it has become impossible for
him to live there, unless he lias swpx/ressed, which is possible, certain
passages which might injure him. On account of the opposition of
Marshall and Muter the convention ordered new memorials to be
presented to Virginia and to Congress, to obtain the independence of
Kentucky, her admission into the Union, and the free navigation of the
Mississippi." Miro adds that he disagreed with Wilkinson as to the solution of the
first two questions, and expressed the opinion that their separation from
Virginia and reception into the Union, would be conceded to them ; that
the answer of Congress was not deceitful, because the right of Kentucky
to what she claims is incontestable, and derived from the articles of
confederation on which the United States established their first govern
ment. He thought, with Wilkinson, that it was a bad stroke of policy
on the part of Spain to have granted the Kentuckians the navigation of
the Mississippi, as it withdrew a motive of self interest to become
independent, and to rely on Spain. * * * * On the 5th day of January,
1790, Sebastian addressed a letter to Wilkinson, urging, as this affair
had taken up the greater portion of his time, that the Spanish govern
ment should indemnify him, if it did not generously reward him. On
principle, he professed to be as much attached to the interests of
Louisiana as any one of the subjects of His Catholic Majesty. This
letter Wilkinson forwarded to Miro. About the 36th of January a letter
from Wilkinson to Miro was couched in less flattering tones. The grant
of the navigation of the Mississippi had satisfled the people, and even
left them with little desire or motive to emigrate to Louisiana. On his
retum to Kentucky he had found a great change, even among the
warmest friends. "I attribute this," said he, "either to the hope of
promotion, or the fear of punishment. According to my prognostic,
Washington has begun to operate on the chief heads of this district.
Innes has been appointed a Federal Judge ; George Nicholas, District
Attorney ; McDowell, son of the President of the Convention, and
Marshall, to offices resembling that of Alguazil Mayor ; and Peyton Short
is made a Court-house officer. I place little reliance on Nicholas and
McDowell ; but Innes is friendly to Spain and hostile to Congress, and I

HUMPHREY MARSHALL THE ELDER. 93
am authorized to say that he would much prefer recei^ving a pension
from New Orleans than one from New York. I fear we can rely on but
few of our countrymen, if we can not make use of Uberal means.
Should the King approve our desig^ns on this point it will have to be
broached with difficulty."
Relative to the Convention to be held in June, he promises to attend,
and, with the help of Sebastian and other friends to do all in his power
to promote the cause. He is strongly suspected by Congress, which
spies his movements at every step. An open avowal of plans now to
separate from the Union would endanger his personal security and
deprive him of the power of serving the interests of Spain. The
situation was painful and mortifying, that, while abhorring aU deceit,
he was obUged to dissemble. This condition leads bim to devise an
opportunity to "publicly propose himself a vassal of His CathoUc
Majesty, and contingently claim his protection."
On the 33d of May, Miro rendered an account of his last transactions
with Wilkinson, with the correspondence, in dispatches to Madrid. He
agreed that the concessions of the right of navigation and trade to the
KentucMans had prejudiced the hopes of separation and aUiance with
Spain; yet he had not imagined that the effects would be so sudden.
WUkinson's hosts of influential foUowers had mysteriously vanished,
excepting Sebastian. He considered that he was liable to be misled in
his opinions of a man operating six hundred leagues away, and who had
rendered, and was yet rendering, services to His Majesty, as explained
before. But now he is fuU of invincible obstacles and personal risks
should he declare himself, and avaUs himself of the motive which he
puts forth to cover his precipitation. Nevertheless, he thinks the said
Brigadier-General ought to be retained in the service of His Majesty,
¦with an annual pension af two thousand doUars, which he had already
proposed in his confidential dispatch. No. 46, that he may communicate
anything affecting the interest of the province, and may dissuade the
Kentuckians from any evil designs against it. Miro further recom
mended a similar pension to Sebastian, "because I think it proper to
treat this individual, who wiU be able to enlighten me on the conduct
of WUkinson, and on what we have to expect from the plans of the
General." Thus, the code of corruption was compUed with to its utmost
details. A spy was set to watch a spy, while both consented to play
the part of dissembling conspirators against the govemment towards
which they were openly professing aUegiance, thus bartering honor and
good faith for Spanish gold.
These extracts from Smith's History of Kentucky, based upon the

94 THE LIFE AND TIMES OF
original documents in the Spanish archives, are sufficient to throw 3
flood of light upon many questions which have long remained in the
dark ; and it is therefore not necessary to follow the disgraceful Spanish
intrigue through its further movements to its final complete failure.
Enough has been reproduced to show that the old-time charge that
Humphrey Marshall's aecount of the Spanish intrigue, as published in
his history of Kentucky, was based only upon his prejudice and malice,
is •without foundation in fact ; but, on the other hand that his account
was substantiaUy true. These revelations from the tomb of by-gone
years also serve to show the animus of the assault upon Humphrey
Marshall's character on account of his vote in the Virginia Constitutional
Convention, as well as his vote in the United States Senate on the
ratiflcation of the Jay treaty. The adoption of the Constitution by
Virginia, and of the Jay treaty by Congress, more than anything else,
served to frustrate the schemes and plots of the Spanish and French
intriguers ; and naturally these men could neither forget nor forgive it ;
so they poured out the vials of their wrath upon the sturdy mafh whose
rugged integrity of character and devoted love o€ his own people and
country made him an insuperable obstacle in the way of the consum
mation of their treasonable designs.
If Joseph M. Street could have procured this testimony, which is
now history. Judge Innes could not have obtained against him a judg
ment for damages which ruined him ; nor would there have been a
"divided jury" in the cause of Innes vs. Marshall. It does not appear
that Judge Innes ever received a pension from Spain (though Wilkinson
made an open bid for one for him), but the testimony shows that he was
deeply implicated in the intrigfues. Wilkinson himself was court-
martialed in 1811 upon the chaise of receiving a pension from Spain,
and succeeded in being acquitted. The charge was not proven. After
wards he wrote a voluminous history of his own times, comprising three
large volumes. This work was collated from seventeen large trunks
full of evidence going to establish his innocence. Throughout this
whole work the name of Humphrey MarshaU does not once appear,
though Marshall was chiefly instrumental in making the charges against
him public, and bringing them to a head. There are several things to

HUMPHREY MARSHALL THE ELDER. 95
show that Wilkinson had a contempt for Humphrey MarshaU — the kind
of contempt which a conscious knave always has for an honest man.
The MarshaU to whom Wilkinson refers in his letters to Miro was
Col. Thomas Marshall, and the statement that he could buy him to the
Spanish scheme, ¦with Muter thrown in, for S2,500, was undoubtedly a
plan to beat the Spanish Government out of that much money to put
into his own pocket ; and perhaps it soothed his maUgnity to thus
asj>etse, although fruitlessly, the character of a man whose unpurchasa-
ble integrity he had good reason to believe might be fatal to the success
of the intrigues vsdth Spain.
At that time Humphrey MarshaU, though only twenty-eight years
old, was certainly of the first-class of society in Kentucky, and withal
then a man of considerable influence in the district ; and he was undoubt
edly very much opposed to the intrigue, but Wilkinson ignored him
altogether in his correspondence with Miro.
Furthermore, Wilkinson's statement that aU the leading men of
Kentucky except MarshaU and Muter were in sympathy ¦with his
movement, was a deliberate exaggeration, made, no doubt, to magnify
his own importance in the minds of the Spaniards. Marshall's History
of Kentucky say :
Vol. 1, p. 368. — It is not that society is deficient in honest and
capable men. No ; nature is bountiful, and delights in their production ;
every country has them. Kentucky has always possessed her share, but
they have not always been employed. They are not generaUy favourites
with the people — they stand but little chance of success in a contest
with demagogues — they cannot practice those arts which but too often
oonciUate popular favor, and they are put in the background. The
consequence is fhey are lost to the country for all ¦public pu/rposes. * « * »
It is nevertheless a truth, which may be related at this place, that
so long as the leaders of the faction for violent separation continued to
offer themselves to the people in elections, they were elected ; and that
they did not disturb the country and infest the conventions of 1789 and
'90 is because they were defeated in 1788, saw no favourable opening for
success, and withdrew themselves from the contest. They could
manage the ignorant part of the community ; they were counteracted
and defeated by the inteUigent. To this counteraction and defeat is
Kentucky to attribute her escape from degradation, from internal

S6 THE LIFE AND TIMES OF
discord and civil war ; and to the same causes does she owe the high
and honourable standing which she occupies in the fbdbbal ttstion.
SafP's Conspifaey.
The first step in the exposure of the Burr Conspiracy was taken, as
is well known, in Kentucky, by Joseph Hamilton Daveiss, then (1806)
the District Attorney for the State. Col. Daveiss preferred his charges
against Aaron Burr in Judge Innes's Court at Frankfort, and though
Burr was undoubtedly guilty, the case did not come to trial, the jury
refusing to indict, and the arch conspirator was discharged with great
eclat, and went on his way rejoicing ; soon to be overtaken however by
exposure and irreparable disaster. Humphrey Marshall did not appear
in the case, but it is known that he fumished many of the facts and
suggestions upon which his brother-in-law and warm personal friend,
Col. Joseph Hamilton Daveiss, proceeded in the matter. Henry Clay
was chief counsel for Burr, and from that time began the hostility
between himself and Humphrey Marshall which culminated a few years
later in a duel between them. They were afterwards reconciled, only
again to become enemies.
But little is kno^wn of the Kenuckians who ¦were implicated in the
Burr conspiracy. Wilkinson is known to have been deeply in it, and it
is believed that the scheme had involved very many of those Kentuckians
who, twenty years before, had been concerned in the Spanish, and later
ini the French, intrigue. It surely is glory enough for the memory of
Humphrey Marshall that he was the chief ins^trument in exposing and
exploding all these conspiracies against the peace and integrity of his
country !
Humphrey Marshall's papers, which might have thrown new light
upon the Burr episode, were long since destroyed ; and the envelope
marked "Burr Conspiracy," in the papers of Col. Joseph Hamilton
Daveiss, is empty. It is believed that they were destroyed by Col.
Daveiss's brother, in order to spare the feelings and reputations of
people toward whom he felt kindly.

HUMPHREY MARSHALL THE ELDER. 97

In the liegislatofe Again.
In 1807, soon after the Sebastian and Burr exposures, Mr. MarshaU
determined to again enter poUtics, and became a candida^te to represent
FrankUn county in the lower house of the General A ssembly ; for
notwithstanding he was stiU a Federalist, and Franklin county strongly
BepnbUcan, the part he had taken in the recent stirring events had
restored bim to pubUc confidence, and perhaps revealed to the people
something of the real nature of the causes which had operated orignaUy
to make him unpopular. Mr. MarshaU says, in his history : "It.
devolved on Humphrey MarshaU, laboring under the imputation of
being a Federalist, to reduce his former resolution for becoming a can
didate for the house of representatives, to practice, in order, if elected,
to try the sense of ¦the country in relation to the Judge [Innes]. Accord
ingly he declared himself a candidate, and produced almost as much.
agitation among the immediate adherents of the Judge, as the com
mencement of "The Western World." To defeat him was the grand
object — and for this purpose one opposing candida^te was to be selected,
aU others on their side to be kept back. Mr. Nathaniel Eichardson, a
very worthy farmer who had for some years before unsuccessfuUy
essayed the practice of the law, ¦was selected, and seldom had greater
efforts been made on any similar occasion, by newspaper pubUcations,
or otherwise, than those which forth^with ensued. AU the horrors of
federalism were now conjured up, and set out in new dresses, or the old.
Mr. MarshaU, not merely called upon to answer for his own offenses,
real or imputed, was to be made responsible for such as had been or
might be ascribed to others ; and that to Spanish conspirators, French
partisans and Burrites — among whom might be found the most profligate
members of society, and certainly very many worthy citizens, whose
prejudices, long trained, could the more easily be employed to mislead
their judgments. About eleven hundred votes were given at the election,
which terminated in Mr. MarshaU's favor by a small majority. This
point gained, he thought on further means. The sum of his federalism
was to enable the people to see the foul blotch which fiUed the Feder^

9S THE LIFE AND TIMES OF
Court, as a necessary inducement to them to unite in an attempt to wipe
it out." Mr. Marshall's majority over Mr. Eichardson was eleven votes, but
even that number was quite a triumph for "an old Federalist" in a strong
Eepublican county ; especially does it appear so when we remember the
Odium in which Federalists stood in Kentucky in that day. Mr. E. D.
Warfleld, in his "Kentucky Eesolutions of 1798," gives an instance from
O. H. Smith's "Early Trials in Indiana," which goes far to show the
standing of Federalists in those days. He says : "In early times in
Indiana a political libel suit was tried in the Franklin Circuit Court.
The principal allegation was that the defendant had called the plaintiff
an old Federalist. The issue was made up on this as an agreed state-*
ment of facts, and proof was taken as to whether the offense constituted
a libel. The chief witness was an old man named Herndon who had
moved to Indiana from Kentucky. He swore that he considered it
libelous to call a man a Federalist ; that he would shoot a man who
called him either a horse-thief or a Federalist ; that he would rather be
caUed anything under heaven than a Federalist ; and considered a
thousand dollars the least measure of damages ; that he considered the
term as equi^yalent to Tory, or enemy of his country, and from the
earliest days of Kentucky such he believed to have been the common
acceptation of the term. Other witnesses coroborated this testimony
and the jury found a verdict to the effect that 'to call a man a Federalist
was libelous,' and flxed the damages at one thousand dollars."
Mr. MarshaU, Federalist though he was, was again elected to the
Legislature in 1808, defeating his opponent, Mr. John M. Scott, by eleven
votes ; and in 1809 was again re-elected by a small majority.
Scarcely had Mr. MarshaU taken his seat in the Legislature of 1807
when Mr. Thomas Bodley, a member for Fayette county, preferred
against him grave charges ; to-wit : that he had committed a gross
fraud in mutilating and' defacing the plat and certificate of a certain
survey of land made in the name of John and Eobert Todd, which he
had ptu-chased from them ; that he had sworn falsely and corruptly in
an affidavit ; that he had obtained land twice upon one warrant, &o. ;
and specifications accompanied these charges. The matter was referred

HUMPHREY MARSHALL THE ELDER. 99
to a committee, which Mr. Marshall charged was packed against him
by the Speaker ; and this committee, in February, 1808, reported that
Humphrey MarshaU was guilty of the charges and "ought to be, and is
hereby expeUed from his seat as a member of the house of representa
tives." The House then took up the report of the committee. Mr. Brents
proposed ¦to amend the report by submitting in Ueu of it this resolution :
"Eesolved, that the charges against H. MarshaU contained in the letter
of T. Bodley, as specified by the committee, are not supported by
evidence, and that he ought to be exonerated from further answer
thereto." And although Mr. MarshaU was the only FederaUst in the
House, this amendment was adopted by a vote of thirty yeas to twenty-
three nays.
In the meantime, Mr. MarshaU, unterrified by the charges broTight
against him by Judge Innes's son-in-law, Mr. Bodley, had, in January,
1808, introduced a resolution providing for an inquiry into Judge Innes's
conduct in regard to the Spanish conspiracy, and looking to his degrada
tion from the Federal bench. Judge Innes met the proposition with
great frankness, before the resolutions were fairly committed, by sending
to the Legislature a formal note, inviting the fuUest inquiry and
investigation into his conduct. The matter, however, came to naught,
as the Legislature finaUy decided that it had no jurisdiction. Judge
Innes being a Federal, and not a State officer ; though the opinion was
expressed that the constituted authorities of the United States should
make an inquiry into the matter.
The records of Humphrey MarshaU's services in the Legislature at
this time are scanty, the journals of the session being not in existence,
as it is beUeved; or, at any rate, extremely rare. Collins states that
"in the session of 1808-9 the Umitation in actions of ejectment was
changed from twenty to seven years, where the defendant actuaUy
resided upon the land, and claimed under an adverse entry or patent,
and the new limitation was made avaUable in aU sidts at law, or in
eqmty for the recovery of land. This celebrated act has quieted all
Utigation upon original conflicting claims, and was introduced by
Humphrey MarshaU." . .

iOO THE LIFE AND TIMES OF

The Duel With flenpy Clay.
It was in the session of 1808-9 that the celebrated duel between
Humphrey Marshall and Henry Clay occurred. These two gentlemen
were at that time boiling over with animosity toward each other, from
causes arising a few years before during the Western World and Burr
excitements. Criminations and recriminations had passed, and it was
believed that the two men would engage in an altercation upon almost any
provocation. It has been stated that Mr. Clay was defeated for the
Speakership of the House by several of his friends withholding their
votes from him, because they wanted him to stay on the floor, where he
would have a better chance to meet the attacks of Mr. Marshall, which.
it was supposed would be made.* Collins states that Clay and MarshaU
sat near each other, being separated in fact by only one chair, whioh
was occupied by Gen. Christopher Eiffe, the member from Lincoln
county, a buriey German of almost gigantic size and herculean strength.
Several little "spats" had occurred between the two gentlemen in
the discussion of various matters which had come up ; but, on the whole,
the peace had been pretty well preserved until in the latter part of
December, when Mr. Clay introduced, with a grand flourish, a resolution
to the effect that all members of the Kentucky Legislature should refuse
¦to buy any article of British manufacture, and should wear jeans, or
homespun apparel ; and it must be admitted that if Mr. Clay was sincere
in this matter it reflected but little credit upon his good sense. Hum
phrey Marshall considered it a apiece of demagoguery, and introduced a
substitute which received no vote except his own. Mr. Clay's resolution
was debated for some days. Mr. Marshall wore homespun nearly aU
the time as a matter of convenience and choice. Mr. Clay, on the
contrary, was usuaUy a fine dresser, but after the introduction of his
resolution, began to wear a suit of jeans. Mr. Marshall then had a
tailor make him a suit of the very finest English broadcloth that could
be found. Donning this, to show the contempt he had for what he
considered Mr. Clay's demagoguery, as well as for the spirit it was

* Prentice's Life of Henry Clay.

HUMPHREY MARSHALL THE ELDER. Idl
intended to excite, he ¦would come strutting do^wn the aisles of the
honse for the express purpose of annoying Mr. Clay.
FinaUy, toward the close of the debate, Mr. Clay made a stinging
speech to which Mr. MarshaU repUed more than stingingly. With all
the bitterness of his sarcastic tongue, he openly charged Mr. Clay with
demagoguery, and his words were so offensive that they reached the
point of deadly insult. Clay resented the insult on the spot, attacking
MarshaU, but Gen. Eiffe seized each with one hand, and held them
apart, saying earnestly: "come poys, no fighting here, I vips you
both,"* and closed the scene for the present.
But it was not closed for good. Clay immediately chaUenged
MarshaU, who as speedUy accepted the gage of battle, and a meeting
w^as soon afterwards had in Indiana, opposite, or nearly opposite Louis
viUe. The seconds in the affair published an official account of it in the
Lexington Reporter of Jannary 36tli, 1809, which is here reproduced in
full, as there is no satisfactory account of the affair to be found in any
of the numerous biographies of Mr. Clay.

For the purpose of preventing any misconstruction or misrepresen
tations that might arise ont of the la^te affair of honor between Mr.
Heniry Clay and Mr. Hwmphrey MairshaXl, the foUo^wing documents are
submitted to the pnbUc : Javmary ith, 1809.
H. MAESHALL, Esq.— Present.
Sib. — ^After the occurrences in the house of representa^tives on this
day, the receipt of this note wiU excite ¦with you no surprise. I hope,
on my part, I shaU not be disappointed in the execution of the pledge
yon gave on that occasion, and in your disclaimer of the character
attributed to you. To enable yon to fnlfiU these reasonable and just
expectations, my friend, Major Campbell, is authorized by me to adjust
the ceremonies proper to be observed. I am, Sir, Yours, &c.,
HENEY CLAY.

Jamudry 40i, 1809.
H. CLAY, Esq.,— Frankfort.
Sib. — ^Your note of this day was handed me by Mkjor CampbeU.

•Collins.

10& THE LIFE AND TIMES OF
The object is understood ; and without designing to notice the insinua
tion it contains as to character; the necessary arrangements are, on my
part, submitted to my friend. Col. Moore. Yours, &c., H. MAESHALL.

EULES to be observed by Mr. Clay and Mr. Marshall, on the ground, in
settling the affair now pending between them :
1. — Each gentleman will take his station at ten paces distance from
the other, and wiU stand as may suit his choice, with his arms hanging
down, and after the words Attention 1 Fire ! both may fire at their
leisure. 3. — A snap or flash shaU be equivalent to a fire.
3.---If one should fire before the other, he who fires first shall stand
in the position in which he was when he fired, except that he may let
his arms fall down by his side.
4.— A violation of the above rules by either of the parties (accidents
excepted) shall subject the offender to instint death.
JOHN B. CAMPBELL.
JAMES F. MOOEE.

Conformably to previous arrangements, Mr. Clay and Mr. Marshall,
attended by their friends, crossed the Ohio at Shippingport, and
an eligible spot of ground presenting itself immediately below the
mouth of Silver Creek ; ten steps, the distance agreed on, was measured
off, and each gentleman took his position. Th'e word being given, both
gentlemen fired. Mr. Marshall's fire did not take effect — Mr. Clay's
succeeded so far as to give Mr. Marshall a slight wound on the belly.
Preparations were then made for a second fire. Mr. Marshall again
'fired without effect — Mr. Clay snapped, whioh, agreeably to rules agreed
on, was equivalent to a flre. A third preparation was made, when each
gentleman stood at his station, waiting for the word. Mr. Marshall
fired first, and gave Mr. Clay a flesh wound in the thigh. Mr. Clay flred
without effect. Mr. Clay insisted on another flre very ardently ; but his
situation, riesulting from the wound, placing him on unequal grounds,
his importunate request was not complied with. We deem it justice to
both the gentlemen to pronounce their conduct on the occasion, cool,
determined, and brave in the highest degree. Mr. Clay's friend was
nnder the impression that Mr. Marshall, at the third fire, violated a rule
which required that he who fired flrst should stand in the position in '

HUMPHREY MARSHALL THE ELDER. 103
which he was when he fired ; but Mr. MarshaU's friend, being convinced
that Mr. Clay had fired previous to Mr. MarshaU's moving from his
position ; ' this circumstance is considered as one in w^hich gentlemen
may be mistaken on such occasions, and is not to be noticed in this
affair. JOHN B. CAMPBELL.
Thursday, January 19, 1809. JAMES F. MOOEE.

The pistols with which this celebrated duel was fought belonged to
Col. Joseph Hamilton Daveiss, and are now (1889) in the possession of
a member of the family living in Harrodsburg, Ky. *
No biography of Humphrey MarshaU has heretofore been written,
and of the various biographies of Henry Clay, aU except that by Hon.
Greorge D. Prentice, pubUshed in 1833, make merely a passing aUusion to
this dueL Mr. Prentice does not make much more, but what he had to
say caUed Humphrey MarshaU from his retirement for his last newspa
per controversy, in reply. Mr. Prentice says, (pp. 43, 43) : "In the year
1808, Humphrey MarshaU, a gentleman of whom we have already made
mention, became a member of the Kentucky Legislature. He was at
that time a man of strong mind and extensive information, but a bitter
Federalist, and an unwearied opponent of Mr. Clay. Mr. MarshaU had
repeatedly assaUed Mr. Clay and his friends in the newspapers ; and, as
a natural consequence, their political hostiU^ty was tumed to personal
hatred. Both now^ being members of the Legislature, there appeared to
be a willingness on the part of the other members to bring them into
direct collision. To this end, several gentlemen declined voting for
Mr. C's re-appointment to the office of Speaker, kno'sving that if he
were in the Speaker's chair he ¦would not have an opportunity of meet
ing his antagonist without restraint. During the first weeks of the

*The following letter from Mr. Clay, addressed to Hon. James Clarke (afterwards
Governor of Kentucky) may be of interest in this connection: Louisville, 19 January, — 9.
'^Dear Clakke :
"I have this moment retamed from the field of battle. We had three shots. On the
first I grazed him jnst above the navel — ^fae missed me. On the second my damned pistol
snapped, and he missed me. On the third I received a flesh wound in the thigh, and
owing to my receiving his fire first, etc., I missed him.
"Sfy -wound is in no way serious, as the bone is unhurt, but prudence will require me
to remain here some days. "Vours, H. Clay."
The original of this is in the possession of a lady at Henderson, Ky.

i0.4 THE LIFE AND TIMES OF
session Clay and MarshaU frequently met each other in debate, and the
former was uniformly victorious ; being, in fact, incomparably superior
in all respects to his antagonist. At length Mr. C. brought a resolution
before the House, that each member, for the purpose of encouraging the
industry of the country, should clothe himself in articles of domestic
'industry. This resolution called into exercise all Mr. Marshall's talentsj
of ¦vituperation. He denounced it as the project of a demagogue, and
applied a number of epithets ¦to its author which no parliamentary rules
could justify. Mr. Clay's language in reply was probably of a harsh
character ; and the quarrel proceeded from one stage to another, tiU,
according ¦to the laws of honor, ¦which every Kentuckian of that day was
taught to reverence, no alternative remained to Mr. Clay, and he was
required to challege his antagonist. The challenge was accepted. The
parties met, and the flrst shot was exchanged without other effects than
a slight wound to Mr. Marshall. On the second or third fire Mr.
Marshall's ball gave Mr. Clay a flesh wound in the leg, and the seconds
now interfered and prevented a continuance of the combat."
Judge Lucius J. Little, in his "Life of Ben Hardin," states that Mr.
Prentice's praise of Mr. Clay must be taken with a grain of salt, which
is true. Undoubtedly great, as Mr. Clay was, he was not nearly so great
as Mr. Prentice attempted to depict him. As Humphrey MarshaU was
the only FederaUst in the House at that time it was doubtless an easy
matter for Mr. Clay to appear "uniformly ¦victorious" in their debates.
Mr. Clay was certainly superior to Mr. Marshall as an orator ; but that
he was "incomparably his superior in all respects" is not a fact. Mr.
Marshall was his equal in inteUect and mental ability, and in every
other way except as an ora'tor ; and would have more than equaUed him
in fame if he had belonged to the popular, and Mr. Clay to the unpopu
lar, political party of the times.
Mr. Marshall published in the Kentucky Oazette oi January and
February, 1838, a series of four articles under the head of "Biography of
Henry Clay, by George D. Prentice, Eeviewed and Ee^vised by Humphrey
MarshaU." Of these four numbers only the fourth now survives, and it
appears in the Oazette of February 18th, 1833 ; the three preceding
numbers of the paper, and consequently of the re'view, being missing

HTTMPHREY MARSHALL THE ELDER. 105
from the files. It is only just to Mr. Marshall that he should be heard
in this connection. So far as is known it was his last tilt in the
newspapers. He was then about seventy-two years old ; but, as wUl
be seen, was stiU "a man of strong mind and extensive information."
He says :
NO. IV. — There is an adage that "he who puts his hand to the
plough should not look back." A sentiment of near kin to this ¦would
impel me forward to the end of my undertaking ; and consequently to
say something more of the biography of Mr. Clay, and of this embargo
resolution, as the ostensible matter of contest between us — a, source of
inexhaustible eulogy to him, to me of reproach, according to assertions
and inferences fumished in his biography. Thus we read (p. 43) : "But
to Mr. Clay's admirers there is much consolation in the faet that the
quarrel which led to the catastrophe had its origin in his devotion to the
poUcy of encouraging domestic manufactures," &c. Such as is the
representation, such should be the consolation fiowing from it ; and thus
would the latter be as evanescent as the first was destitute of truth.
For it has already been shown that the resolution, in fact, is not the
thing which the Biography represents it to be. And, therefore, this last
touch of sycophantic unction is a mere protraction of the series of false
hoods propagated in the book. It is for Mr. Clay's sake only that the
topic was noticed, since he is to be considered, if not the principal, at
least an accessory — I care not whether before or after the fact.
To the same source I look for the representation of the part I took
in the debates on the resolution.
I "This," it is said (book-^wise) , "called into exercise aU Mr. MarshaU's
talents for vituperation." Thip is declamation; mere assertion. It
shows nothing ; it proves nothing. And it now seems to me only
necessary to recite the resolution in order to demonstrate its folly and
futility. This I opposed. Not as an intelligent, practical project for
encouraging domestic or even American manufactures ; but because it
was an arbitrary attempt to regulate indi^vidual clothing, and the affairs
of a family, under color of coercing the belligerents of Europe ; and
subjecting oxirselves personally to the operation of their orders and
decrees for any indefinite length of time they might be kept in force.
For this is the language of the resolution :
"The members of the General Assembly will clothe themselves in
productions of American manufacture, and wiU abstain from the use of
cloth or linens of European fabric vmtll fhe belligerent ¦nations respect the
rights of neutrals by repealing sueh of their orders and decrees as relate to
fhe United States'."

106 THE LIFE AND TIMES OF
And is this the basis of the "American System ?" It is the te/TTOpiin
system only ! Did I ridicule it ? If I had possessed talents for ridicule,
I would. Did I say it was the project of a demagogue ? So the
Biography has it ; and this was vituperation ; and even now-^o correct
was the remark, that even now — 1 might repeat the description. Mr.
Clay, then dressed in belligerent cloth — British, I believe — declaimed
most manfully and patriotically against the use of it. In the habit of
wearing homespun in the summer, then in a pair of pantaloons of it, I
felt no necessity of giving similar proofs of my love of country.
I might possibly have contrasted the zeal and eloquence of the orator
in support of his resolution, with his conduct at the preceding session in
support of Judge Innes ; with that of the winter of 1806 in defending
Burr and Sebastian.
The idea of demagogue, I admit, was strong, as the character was
played often before my eyes, and perhaps never in a more masterly
inanner than by Mr. Clay. Only suppose that he represented the resolu
tion as Ms scheme of American manufactwres and Internal imvprovements,
as his Biography now represents it, and that it was voted for as such,
would he not have sported the demagogue on the voters ? that is fought
under false colors ? Could any man who voted for that resolution,
1808-9, take it up now and say it is a project, a system of internal
improvement, or even for encouraging domestic manufactures, which
merited support ? It seems to me hardly possible. But I am done ¦with
both the resolution and the duel ; unless it is to say that I neither
offered the resolution, opened the debate, gave the insult (I mean the
flrst) nor sent the challenge, but throughout was on the defensive. And
am so still — although, after being stricken, I strike.
Mr. Clay and myself had a previous intercourse for some years before
we met as legislators. I had important law-suits in the courts, and
employed Mr. Clay in some cases, which readily enough led to civilities.
But I was a proscribed FederaUst, and Mr. Clay's sagacity required no
prompting as to poUtics. Doubtless, antl-federaUsm was bred in his
bones. But Mr. Clay gave early proofs of superior talents and eloquence,
as weU as of aspirations to distinction. The occurrences of 1806, made
known or alluded to in these numbers, induced a dimunition of courtesy,
and infused much coldness in^to our intercourse previous to flnal rupture.
I mention, as a necessary explanation of my situation, aUuded to in
relation to the State Court of Appeals (See No. 1), that a case of mine,
involving my fortune, was before it, had been heard, and the decision
against me was suspended (as I afterwards learned) in consequence of
one of the four Judges witholding his concurrence from the decree. The
suspension is attested by the record ; whUe the occurrences of 1806-7

HUMPHREY MARSHALL THE ELDER. IW
resulted in a new court ; every Judge was changed ; the Spanish phalanx
was broken; and my case was taken up anew, was re-argued, and
decided unanimously in my favor. Thus I escaped Charybdis, but was
stiU involved in Seylla, as wiU be shown.
About 1805 or '6, Mr. Clay had, as counsel for Currie's heirs, obtained
a decree against me from his friend. Judge Innes, in a land case of con
siderable value ; and, suing out a ¦writ of error, I went on to the term of
the Supreme Court, 1807, in order to attend to the case ; and found Mr.
Clay, who was in the Senate of the United States, again opposed me ;
but not uncivil, nor entirely forgetful of our relations as ci'tizens of the
same State. We argued the case, and I succeeded. But Mr. Clay, not
satisfied with one of his best efforts to sustain the decree of his friend,
Jndge Innes, thongh most palpably unjust, and with aU the Supreme
Court who heard the cause against him, he moved for a rehearing. This
told me tbat Mr. Clay felt more on the subject than a necessary attach
ment to his cUent's interests. And yet, but Uttle impression was effected
by it, so much are attorneys aUowed to do without prejudice when they
have a cUent's name for an .^gis. There hardly remained, in fact, any
form of friendship between us when we next met. We were not yet
¦virulent enemies, even in feelings, so far as I knew ; and certainly not
in overt acts, ever, on my part, untU ¦the last extremity. Mr. Clay was
in the triumphant party ; myself, not only on the vanquished side, but
almost, if not entirely, of that party in the House. It was but a common
prudence in me to be circumspect and inoffensive. I was so, without
unseemly stooping to any man. Mr. Clay rode the high horse of party
with much gallantry indeed,; but also wdth much pride and some
frowardness. Had he not run his brute on me I never should have
encountered him. The Biography puts me in the wrong ; it does great
injnstice. Having, however, set it right, I have no more to say on that
part of my task.
Should it be remembered that this is an old subject, untimely
revived, I agree that it is ; and that circumstance has increased my
complaint. But I have not called it up. Who has ? Whom was it designed to
profit ? Whom to injure ? No man can read the book ¦without finding
the answer. Mr. Clay rises on the prostration of J. H. Daveiss and
myself exactly in those parts of the conduct of each where ¦we should
rise and he should sink.
No American statesman, or writer of Mr. Clay's life, can form a
proper estimate of his character without being intimately acquain^ted
¦with his conduct in 1805, '6 and '7, in relation to Burr, Sebastian, Innes,
&c., somewhat detailed in these numbers in order that he might be

iOB THE LIFE AND TIMES OF
known. Whether proper use will be made of the information, or not,
is quite another affair. Whether a party ever possessed sufficient candor
to profit by the truth in reference to a favorite or leader, or to allow
reason its due weight in estimating a fact, are probably events yet in
the crucible of experiment. All I proposed was to state the facts
material to a fair and correct judgment, without troubling myself about
the effect ; not that I am indifferent, but that it is wholly problematical,
and I can have no other control over the result. The Biography of Mr.
Clay presents the case of Col. Burr as one involving Mr. Clay in censure
for the part he actedj and as requiring an apology for his conduct.
Thus (p. 31) : "But as 'Mr. Clay's conduct in this affair has been the
subject of many unwarrantable remarks from his enemies, we have
thought it expedient to give a brief sketch of the important facts con
nected with it," &c. And thence has proceeded,* as pre^viously shown, a
perversion, or else a suppression of the facts, and a slander of Burr's
prosecutor as unfounded, and, I may say, as unrighteous as ever fell from
a guilty pen ; and in this way is the apology for Burr and Clay
conducted in the Biography. Well, who is the authoir ? O, George D.
Prentice. And where did he get his story but from Mr. Clay? Why
should Mr. Clay calumniate Mr. Daveiss ? He possessed rival talents,
was about the same age, had a bold spirit, was in Mr. Clay's way,
prosecuted Col. Burr, was a Federalist, and left a brilliant fame. He
was no less feared than hated by the whole set of Burrites. To mortify
him, when alive, was their delight. Doubtless it was gratifying to Mr.
Clay to see his name traduced in the book. Gentle reader, how else
came it there ? Explain that. Why else the abuse ?
Yes, Mr. Clay was censu/red ; not by Burrites ; not by Sebastian and
Innes, or their adherents. Says the Biography, "by his enemies ;" but
who were his enemies ? Why, every man, in the meaning of the book,
who did not applaud him ; yes, every honest man in the community who
believed Burr was guilty, was, according to Mr. Clay's Biography, 'his
enemy. Burr was guilty, and the' evidence of it was abundant for
ordinary belief. So he had enemies, and so had Mr. Clay.
In Payette, Mr. Clay's county, the book takes notice (p. 38) : "but
the fact of his [Clay's] ha^ving been the attorney of Col. Burr gave courage
to the Federalists, and emboldened them to bring out a candidate in
opposition to him." AU, however, to no purpose. The Federalists, says
the book, had hoped to turn their indignation against Burr on Mr. Clay.
But aU in vain. Such has been the general, if not the invariable, effect
of party spirit. But Mr. Clay addressed the people of Fayette, in 1807,
on the occasion, and so played fhe orator as to give his own representation
of the facts, and doubtless made the people believe what they were very

HTTMPHREY MARSHALL THE ELDER. 109
ready to beUeve (for Mr. Clay had been high in their confidence, and
was affecting in speech) and protesting his beUef of Burr's innocence, of
his o^wn ignorance of his guilt, and that he was but his attorney-at-law.
and the greatest criminals were aUowed attorneys — even Mr. Clay had
appeared for many an one, without participating in his crimes ; then
why the worse for appearing in Burr's case ? Did they want more
coaxing ? then nobody better or easier than Mr. Clay could give it to
them. But if, indeed, Mr. Clay was censured only by his enemies, and
these were confined to the Federalists, they were, I apprehend, not
con^vinced by his speech ; and the rest (nine-tenths, or ninety-nine
hundredths) needed no speech but au assertion that their orator had
measured beards with Mr. Jefferson before he had left Washington City, in
order to fi-atemize as before ; and so he was forgiven ; innocent soul !
Says the Biography : "The shameless calumny feU crumbUng from
his name, Uke filth thrown from the hands of a clovsm against the
columns of a magnificent edifice." No^w, the calumny was, that he, being
a ¦member of the Legislature, had countenanced, supported ond defended
Burr, 'knowing — unavoidably knowing — bi'm to be engaged in fhe iUicit
enterprise ctiarged wi him by fhe attorney for fhe United States. This was
TSVE I Such ¦was the charge, not stated, but intended to be apologized
for in the Biography ; and Tvhich is so poeticaUy described as faUing
from him, in the summer of 1807, after sticking from 1S06. But then
the Lioif shook himself, and, to keep np the figure, the iUth and vermin
contracted in his lair f eU from the superb crest of the mighty beast, and
left bim as clean as if he had been washed in popular tears.
In this effort of the biographer to absterse his subject from the
Burr stain, he has passed in careful sUence over the conduct of Mr. Clay
in reference to Sebastian and Innes, convicted before his eyes (and he
no less a member of the Legislature) of intrigues ¦with Spain, as already
sho^wn. But avhere no apology could suffice, and as no repentance had
taken place, the path of prudence was through the cave of silence. My
reconciliation with Mr. Clay was founded on the idea that he had seen
and repented his f oUy ; of that I am undeceived by his Biography. While
that, ¦with other ¦views, fumish the damning evidence of his conscious
guilt. As thus (p. 36), Mr. Clay is now exhibited in the Senate of the
United States. Says the book : "Up to the time when the vote on the
bridge biU was about to be taken, he had not given the sUghtest
intimation of his opinions on the subject. His first speech was upon
that biU. An eloquent and most praised effort, wherein he gave a
powerful and triumphant vindication of the poUcy of authorizing the
erection of the bridge. His speech was of far more value than his single
vote, for he carried ¦with him a majority of the members of the Senate."

110 THE LIFE AND TIMES OF
This is to show his importance by the effect of his speech. On the 37th
page is to be seen what was the conduct of Mr. Clay where Mr. Burr might
be affected. This is important. Says the book : "The most important
question that was discussed in the Senate during the Congressional
session related to the suspension of the act of habeas corpus. The sus
pension was moved in order to give the Executive (Mr. Jefferson) the
power of arresting Col. Burr, if necessary, and keeping him in confine
ment, without being delayed by the dila^tory operations of the law. On
this subject Mr. Clay did not speak. And why ? I would ask. The
answer is in the book : "Having been Col. Burr's counsel he deemed it
inadvisable ¦to take part in the discussion," &c. "And the suspension of
the law was voted with great unanimity." The House of Eepresetatives
refused its concurrence, and the liberties of the people were saved. But
here we are presented with Mr. Clay, the Senator, the orator, the!
popular — shall I say demagoue ? No I — statesman ! — pairalyzed and btjmb
in a case of the flrst consequence to pubUc Uberty, beea-use he 'had been fhe
counsel for Col. Burr, the culprit in question. Can stronger proof of the
totai impropriety of Mr. Clay's conduct toward Col. Burr be exhibited ?
Impossible. He had just been a member of the Kentucky Legislature.
Could he do anything ¦there which might effect Col. Burr? Certainly
not. An act of that body was deemed necessary, and passed, to "pre
vent unlawful warlike enterprises," having also regard to Col. Burr. It
would be in vain to inquire of the part acted by Mr. Clay. Look back
to his conduct in relation ¦to Burr, Sebastian and Innes ; it was consistent,
but was that of a political prostitute ! His services to, these men pre
ceded every duty he really owed to his country as a legislator and a
counselor. I have now corrected the Biography of Mr. Clay so far as I have
thought it my duty. The facts are before the public ; the event is with
the people, October, 1831. H. MAESHALL.
Much of this language is harsh, but Mr. Marshall, at that time, was
not alone in applying such, or even stronger terms to Mr. Clay, in criti
cism of his public acts. HappUy, with the lapse of years all animosities
have died away, and the American people retain now toward "the great
commoner" none but the sincerest feelings of admiration and esteem.
Humphrey Marshall, in his time, however, was not the man to rest
quietly under what he considered unjust reflections or imputations upon
himself ; and so, at the ripe age of seventy-two years he tumed upon

HXTMPBRET MARSHALL THE ELDER. Ill
Clay and Prentice with a virility and sprightliness of style vthich showed
that his pen had not forgot its ciinniug.

During the time he remained in the Legislature Mr. MarshaU con
tinued his usual bold and fearless course, in no vrise deterred from doing '
his duty, as he saw it, by the fact that he stood alone, or almost alone,
poUticaUy; and it is certain that he secured the enactment of some
valuable legislation. As he was the only pronounced Federalist in the
body his vote was often the only one recorded for, or against a measure,
as the case nught be, thus maintaining his weU-deserved reputation for
independence of character. The Oazet^ for March 13, 1810, contains the
foUovring from its Frankfort correspondent: "The resolutions intro
duced into the House of Eepresentatives * * • * by Wm. T. Barry,
relative to the rupture between the United States and Jackson, were
called up. They expressed most entire disapprobation and hearty con
tempt for the conduct of Jackson, and the most unqualifled and cordial
approbation of the conduct of our Executive, ¦with the most sacred
pledges by way of backer ; and what did me good, even to the core of my
heart, was the prompt and undi-vided voice wliich was given in favor of
the resolutions — but to account for this perfect unanimity and concord,
and by way of apology for the indi^vidual, I must inform you that
Humphrey MarshaU was not in the house when the resolutions were
acted on.''
Mr. MarshaU was a candidate for re-election to the Legislature from
Franklin county in 1810, but was defeated by a small majority by Mr.
George Adams. The Kentucky Gazette of August 14, 1810, says: "We
congratulate the Eepublican citizens of FrankUn county on their
trinmph at the late election. The number of Mr. Adams's majority
being 76, ought not to increase friend Humphrey's dislike to the year '76
> at aU, as we are weU-assured a number more could have been added to
it. The firm stand made against Federalism in this (Fayette) county,
also reflects much credit on the independence and steadiness of the
voters. After an electioneering campaign of three or four months, of
uneqnaUed perseverance and exertion, J. H. Daveiss, Esq., (the Federal
candidate) obtained 834 votes out of between two and three thousand.

112 THE LIFE AND TIMES OF
And this number, too, at the expense and trouble of attending all the
meetings, musters, barbecues, and public gatherings of every kind in the
country; besides visits and written circulars to almost every private
family ; and of stump-speeches many a score.' Alas ! that all the men of
talents should be doomed to stay at home ! These cursed republicks! hovy
illy suited 'to men above the dull pursuits of civil life !' "
Whether Mr. Marshall was a candidate for the Legislature in 1811
and 1813, or not, is not novy known ; but it is a fact that he was a candi
date in 1813, when Mr. John Arnold defeated him by a small majority.
He made his next and last appearance in public life in 1833, during,
the Old Court and New Court excitement, being a very ardent Old Court
partisan. Gen. Martin D. Hardin, who had been elected in August of
that year, died before the assembling of the Legislature, and Mr. Mar
shall was elected in his place, after a very close and exciting canvass.
Says the Kentucky Reporter for November 3, 1833 : "Humphrey Marshall
has been elected a member of the Legislature from Franklin and Owen
counties, in the place of Gen. M. D.' Hardin, deceased, by a majority of
. three votes over Mr. Jeptha Dudley. Mr. Dudley belongs to the nonde
script party called 'Judge-Breakers.' "
Mr. MarshaU served this term^with his usual distinguished ability,
but did not again offer for office, though, at that period, he enjoyed a
larger portion of popularity, on account of his Old Court and "Anti-
Eelief " views, than had been accorded him for many years before.
Rs a Joavnalist.
Humphrey Marshall's ready and able pen fumished many articles to
the pioneer newspapers of Kentucky. In the flrst days of the Common
wealth newspaper "communications," as they are called, were even more
in vogue than they are at the present time. Sometimes they were four
or flve columns long, small as the weekly publications of the day were ;
and it was no infrequent thing for the newspapers of those times to be
almost entirely filled ¦with communications from their subscribers.
Humphrey Marshall did his share of this kind of work, and the files of

HTTMPHREY MARSHALL THE ELDER. flS'
the old Lexington papers, still preserved in the Lexington library have
many articles from his pen, pubUshed over his name or pseudonym.
These articles were generaUy upon the subjects then absorbing the
attention of Kentuckians, and it is very evident from a perusal of them
that he afterwards utiUzed them largely in preparing his history of
Kentucky. It was not, however, until June 36th, 1810, that he became an editor
in his o^wn proper person. On that da^te he issued the first number of
the A^merican Rep^ublic, a smaU quarto of five columns to the page. The
Republic was the only FederaUst paper in the State, and its numerous
Democratic (or, as they were then caUed, "EepuUcan") con^temporaries
soon dubbed it "The Snake." Acting upon this suggestion, Mr. MarshaU
then added to the heading of the paper a wood-cut of a rattlesnake
coUed ready to strike, with the motto —
Tread Not on Me. (fnake!) Fw My Country.
In a subsequent number he gave the foUowing poetical description
of his rattlesnake device :
"This noble foe, so ¦terrible to sight.
Though armed with death, he' ne'er provokes the fight.
Stem, yet magnanimous, he forms his den
Far from the noisy, dangerous haunts of men.
The unconscious foot that presses him, he spares.
And what was harmless meant, forgi^ving bears ;
But dare his Ufe, behold he rises brave
To guard that being boun^teous nature gave I "
On April 19, 1811, the editor states, in a dunning notice, that the
RepubUe liad started with but a smaU number of subscribers, which had
increased, up to that date, to nearly eight hundred. That was a very
creditable showing, indeed, for the times, and is probably higher than
the average circulation of Kentucky weeklies of the present day.
In the course of a year or two the name of the American Republic
was changed to The Harbinger, which flourished under Mr. MarshaU's
editorial guidance untU the year 1835, when he sold it to a lawyer lately
come from Tennessee, named Patrick H. Darby, and retired permanently

¦ii4 THE LIFE AND TIMES OF
from the newspaper business. Mr. Darby immediately changed t!he
name of the paper from Harbinger to Constitutional Advocate.
Humphrey Marshall's abilities as an editor were of the flrst order,
and he ranked as high as a writer, perhaps, as any journalist the State
ever produced. So far as is known, but few copies of his papers have
survived the ravages of "the mordant tooth of time." None are now
¦known to be in e:iistence, except those in the library of Col. ' E. T.
Durrett, of Louisville, Ky., — a library which may be called the Mecca to
which every literary treasure and rarity affecting Kentucky or its
history infallibly flnds its way.
The late Col. S. I. M. Major, of Frankfort, Ky., in a history of the
Frankfort press, written a short time before his death, gave a very
interesting account, though a brief one, of Mr. Marshall's career as a
journalist, from which the following is extracted ;
"From the remains of the flrst organ of Federalism in Kentucky
[The Western World} sprang some llVely ephemera, sustained in their
brief career by the purse and pen of Old Humphrey Marshall, who per
sisted in the Quixotic effort to inoculate the Capital and the State with
his peculiar Federal views in politics and his infidel views in religion.
In 1810 he established the A^merican Republic. This was succeeded by
the Ha/rbinger, and this latter by the Coristitutio^nal Advocate, founded
about the beginning of the Court question, and gaining a foothold in
public estimation which its predecessors failed to obtain, by reason of
its zealous advocacy of Old Court principles. Marshall transferred this
last paper to the notorious Patrick H. Darby. * * * * The files of these
papers have probably been consigned to the tomb of the Capulets. I do
not remember to have seen a copy of either. The oldest inhabitants
remember nothing of the Republic and Harbinger except that their title-
heads were adorned with a rough wood cut of a rattlesnake coiled, with
the motto: 'Wake Snakes.' It was by most persons of that day con
sidered either moral or political contamination — perhaps both — ^to be
found with a copy in possession, though we can well believe that from
the promptings of natural curiosity, or of 'Old Nick,' many read the
productions of such an able pen with more than ordinary enjoyment,
especially when reporters were not about.
» * * * "Patrick H. Darby was a lawyer from Tennessee who settled
in Frankfort about 1831-33, and succeeded Marshall as editor of the
Advocate. He is reported as a noisy and mischief-making demagogue,
entering with more zeal than brains into the lively canvasses of the

HUMPHREY MARSHALL THE ELDER. OS
Court times as both stumper and penny-a-liner. In the hot contest of
1825, in Franklin county, for a, seat in the Legislature, when John J.
Crittenden led the Old Court party and Solomon P. Sharpe championed
the New Court, resulting in a dead heat (both Sharpe and Crittenden
being elected, as the county was entitled to two Representatives, while
their respective co-adjutors upon the several tickets were left out) Darby
disgusted almost every one by his coarse assaults upon the private life
of Sharpe, made not only in the columns of the Advocate, but upon the
stump. The shocking assassination of Sharpe on the moming of the
meeting of the Assembly, when the real perpetrator was unknown and
unsuspected — when the victim was at the zenith of his popularity, and .
was not supposed to have but the one calumniator and enemy in the
community, together with Darby's zealous efforts to fix the guilt upon
some one else, led to a deep-seated belief that he was an accomplice in
the horrid crime. This impression was heightened by charges founded
on circumstantial evidence adduced in pubUc print by the widow of
Sharpe. Darby's efforts, however, to turn suspicion from himself led to
the detection and con^viction of the real murderer ; but he himself waa
unfortunate to the last. His testimony against Beauchamp was a maze
of taU and varied swearing ; and the latter, on his way to the gaUows,
refused the appeals of the editor to acquit him of compUcity in the
murder. Darby found it a relief to his pent-up feelings to doff the
editorial garments in the summer of 1836, and try the more genial
atmosphere of a State where he was not so notorious. Thus died the
Constitutional Advocate, the last of the World's unacclimated progeny;
since which time unadulterated FederaUsm found no organ until the
late civU war 'waked snakes' again, and tumed Jefferson and the Eeso
lutions of 1798 upside down in Kentucky."
It may weU be imagined that Mr. Marshall's bold pen involved him
in many journalistic frays, remains of which are still to be seen in the
files of the newspapers of the times which have survived. Their chief
interest is lost, however, because one can not see his rejoinders in these
tilts. As early as 1811 some of his contemporaries dubbed his paper
(then the American Republic) "The Snake," which doubtless fumished
the suggestion of the celebrated "wake snake" design which adorned
the title line of the Harbinger a few years later. Nor did he escape
other unpleasant episodes, some of which stiU attend the Journalistic
profession. In 1811, when an editor of not more than a year's standing,
he was challenged to mortal combat by Eichard M. Jcdinson, The cor-

lie THE LIFE AND TIMES OF
respondence, which explains itself, is here reproduced for the first time,
as is believed : Fbankfokt, Kt., May 39, 1811.
Mr. Marshall is requested to appoint his friend to make arrange
ments with my friend, Mr. Brown, for a personal interview. For the
cause of which request, Mr. Marshall is referred to various personal re
flections upon myself, my itather, and my famUy, as made by him in
"The American Eepublic." Eh. M. Johnson.

Fbankport, Kt., May 39, 1811.
Sib. — A moment's reflection, after perusing the note handed me by
you from Eh. M. Johnson, determined the course I would take. I am
requested by Mr. Johnson to appoint a friend to make arrangements
with you for a personal interview ; for the cause of which request I am
referred to various personal reflections upon himself, his father, and
family made by me in the American Eepublic. As the agent and cham
pion of the family Mr. Johnson has not explained or apologized to me
for the malignant misrepresentations and personal abuse which I have
received from them directly or indirectly, through the "Argpis," which
will be found to have preceded those things for which, as I must suppose,
this attempt is made to call me to account. If Mr. Johnson did not
know it, he will not be ignorant hereafter that self-defense and the
severest retaliation in my power are among the flrst rules of my moral
ity ; and he or they who assault me should anticipate a resistance to the
extent of my capacity. Nor will I ever hold myself responsible in any
other way for what shall proceed from me in such a case. As the editor
of a public paper I have rights and duties which are not to be confound
ed with my personal identity. If Mr. Johnson's object is a duel — which
I shall suppose — ^he should have foreseen, if he did not, that there are
inequalities between us which will forever render such ¦ a resort nugato
ry ; unless I would consent, for his gratification, to sacriflce the most
evident propriety — which he has no right to expect from me. Was not
this the case, there are special considerations apparent in the Argus,
which will render this late resort to chivalry unworthy of my notice.
If Mr. Johnson desires that there should be a cessation of remarks on
himself and family, as connected with their publications in the Argus,
he ought to know how to attain it. Until the cause ceases the effect will
flow. As a public cliarac:j;er, a speech-maker, and as a writer of circu
lars, he is forever within the purview of an editor of a public paper ; I

HUMPHREY MARSHALL THE ELDER. 117
am such an editor. In these observations, which I have chosen to
address to you for Mr. Johnson's information, he will perceive what is
left to him. With esteem. Your Humble Servant,H. Masshall.
To Wm. Brown, Esq.
Colonel Major was mistaken when he stated in his sketch that Mr.
Marshall veas editor of the ConstitutioTMl Advocate, and sold it to Darby,
and Mr. Perrin perpetuated the same error in "The Pioneer Press of Ken
tucky." . He sold the HcurHnger to Darby, who at once changed the name
to Constit'utMmal Advocate; and, notwithstanding the compUmentary
notice he made of Mr. MarshaU in his first issue. Darby soon became his
bitter enemy, and the old Eoman might have looked for countenance
and praise anywhere else on earth sooner than in the columns of the
Constitutional Advocate.
The Argus of September 31, 1835, quoting from Mr. Darby's saltfta-
tory, says :
Patrick H. Darby says : "The subscriber having become the editor
and proprietor of the newspaper and printing establishment of the
"Harbinger" wiU continue to publish the same in Frankfort under the
name of "The Constitutional Advocate." * *» * In receiving this inf ant
institution from the hands of so able an editor and so experienced a
politician as Mr. MarshaU, the subscriber is not unmindful of the high
responsibiUty with which he stands charged, in the attempt to supply
his place in the tribunal of pubUc opinion."
And the Argus adds, editoriaUy, in lunging a double-heeled kick at
both Mr. Marshall and Mr. Darby :
Mr. MarshaU's political friends, we beUeve, are much more gratified
with his retirement than his enemies. The old man has one virtue ¦which
is very inconvenient to his party, and calculated sadly to thwart their
designs. This is candor. He is an ultra Federalist himself, and often
expressed — ^what he always f eltr-an utter contempt for the great mass
of the people, whom he, in derision, denomina'ted "the nether end of
society." Many of his party do not feel the same degree of contempt
for the people, and do not express, except in unguarded moments, that
which they do feel. They were, therefore, fearful that if Mr. Marshall
continued at the head of a printing establishment, tliey would^'not be
able to continue those deceptions on which their power is founded.

lis THE LIFE AND TIMES OF
Hence their joy at his retirement, while they continued to entertain his
principles in different degrees, and eulogize his virtues and his services.
Thus ended, in 1835, Humphrey MarshaU's care^er as a joumalist,
and, indeed as a public man, for after that time he retired to private life
to emerge no more in any public capacity whatever. It has been well
said of him that he "was a shining ornament to the Frankfort press,
and would compare favorably with the ablest editors, not only of his
own time, but of the present, had his time and attention been given
regularly to the profession."* Mr. WiUiam H. Perrin, in his "Pioneer
Press of Kentucky," says of him, that "as a writer he had no equal in
the period in which he lived."
But it was not alone as a journalist that Mr. Marshall courted the
muse of literature, for it appears from frequent paragraphs in the press.
of the tjmes that he often wrote poetry. Unfortunately, none of his
efforts in this direction appear to have survived. One who handled a
pen so vigorously and effectively in prose composition must have suc
ceeded at least fairly well in the field of poesy, especially if satire had
been his theme — and we may well suppose that it generally was. One
q{ his poems in especial, which it seems he published in book-form and
then suppressed, must have been particularly "rich," judging from the
newspaper comments upon it. It was called "The Aliens." The Ken-
t'ucky Gazette (August 13, 1811), in an effort to be funny, or sarcastic, or
possibly both at once, says : "We perceive that the renowned Humphrey
Marshall, the famous Alien Poet, is again under the inspiration of the
muses, upon which fact we congratulate all its readers and the whole
literary world. In order that he may receive the tribute of applause
which is so very eminently due to all the productions of his muse, we
propose, in future numbers of our paper to republish his famous poem
called The Aliens, a copy of which a friend has lately fumished us.
The greatest admirer of the ancient poets, upon the revival of literature,
did not with more joy fasten upon an ode of Horace, than we did upon
this preciou§ monument of American genius and taste, ¦which the
modesty of the author snatched from the public before its merits were

* Col. Major's sketch.

HUMPHREY MARSHALL THE ELDER. 119
generaUy known. There will now be filled a, great void in American
liturature." The Gazette, however, was not as good as its word. Its files, though
complete for some time after the pubUcation of this promise, do not
even give a line of "The Aliens."

^WaFshall's flistopy of I^entucky.
Humphrey MarshaU's History of Kentucky is not only "the chief
monument remaining to us of his ability as a writer," but it is also the
chief monument left to us of his services and career as a public man. It
was, in fact, the first real history of the State ever printed.
John FUson published a smaU work on Kentucky in 1784, the chief
merit of which was the exceUent map of Kentucky which accompanied
it ; and even this map ¦would have actually passed into obUvion, as it had
already apparently done, but for the efforts and researches of Mr. E. T.
Durrett, the founder and President of the Filson Club, who rescued and
republished it, thereby incurring a debt of gratitude from Kentuckians
which they can never sufficiently repay. The matter in FUson's book,
however, ¦with one notable exception, was greatly of the kind which
railroad companies now print in their advertising pamphlets to induce
people to buy the lands ¦which have been granted them in the West. It
may be that Filson ¦wrote his account of Kentucky for the purpose of
inducing immigration, at the instigation of some of the o^wners of large
tracts of land in this State. The exception referred to is the aUeged
autobiography of Daniel Boone, which is the real beauty of the work,
and which gained for it very nearly all the literary reputation it ever
enjoyed ; and which certainly secured for Filson the reprinting of his
book in England, France and Germany before the close of the last
century. Even the autobiography of Boone has been attributed by
many to the pen of Humphrey MarshaU ; but while it is too sophomorical
to be compared with the stately sentences of MarshaU, it is stiU so
unUke the other portions of Filson's work as to induce a strong suspi
cion that it and they were not the work of a single pen.
In 1787 Gilbert Imlay, an officer of the American army who ¦visited

120 THE LIFE AND TIMES OF
the Western country, wrote a book about it, but his work contained
little more about Kentucky than had already been published in Filson's
history, which was incorporated bodily into Imlay's. William LitteU, a
lawyer of Frankfort, also pubUshed in 1806 his "Political Transactions,"
which, while it could hardly be dignifled with the name of "A History
of Kentucky," preserved much that proved of value to the real histori
ans of the State when they began their work. Mr. Littell stated on
oath, also, that he wrote the work for hire at the instance of several
persons whom the Western World had tried to impUcate as associates in
the "Spanish conspiracy.'' •
The first edition of Humphrey Marshall's History of Kentucky was
printed at Frankfort, in 1813; in one octavo volume of 407 pages. It is
perhaps a fact that Marshall, who had since 1801 been almost the foot
ball of fate in his political fortunes, unable to longer stand single-
handed in defense of his unpopular convictions against the army of able
men who opposed him, succumbing at last through sheer impotence, bnt
not in despair, and nursing "the unconquerable will and study of
revenge," sat down, when he could no longer stand against them in the
political fleld, to smite them sore in a History of Kentucky. If such
was his purpose, he did his work well, for the sting of his pen left poison
where it touched, and is felt ¦to this day by the descendants of some of
the men who incurred his vengeance. But leaving out of the question the
gratiflcation of his own revenge, he ¦wrote a good history of Kentucky —
it is a book, in fact, ¦without which the later historians could never have
written a satisfactory history of the first years of the State. Nothing
seemed too trivial for him to record, if it bore upon the history of Ken
tucky ; and when he treated the main subjects of his work — the Spanish
conspiracy and the Burr conspiracy — becoming wanned with his theme
his sonorous sentences approached in grandeur the massive style of
Gibbon in his imperishable history of later Eome.
In 1834 his work was republished at Frankfort in two octavo
volumes of 533 and 534 pages, the first volume being greatly re^vised ;
and much of the strong language of the first edition was left out
entirely. The grand object of the work was ostensibly the exposure of
those public men whom he denotinced freely as conspirators with Burr

HUMPHREY MARSHALL THE ELDER. 12r
and the agents of the King of Spain. He probably made some charges
upon suspicion which he did not then have-the facts to sustain, and did
it fearlessly, for he was wdthout fear ; but he evidently earnestly
believed, himself, every charge that he made. The keenness of his
perception was verified, years after he was laid in his grave, by the
finding in the archives of Spain, at Madrid, by Hon. Charles Gayarre,
the historian of Louisiana, of documents which established beyond a
donbt the guilt of some of the parties ¦whom "Old Humphrey" had fear
lessly charged with treasonably conspiring against their country ¦with
the minions of Spain, ¦when he "had not the proofs at hand to estabUsh
his grave and serious imputations.
Except for Humphrey MarshaU this portion of the history of
Kentucky ¦would never have been written, for there was no other man
of his titne w^ho had the courage and the nerve to ¦write it. Even later
historians touch Ughtly upon it, as though afraid "to caU a spade a
spade." Old Humphrey had none of this squeamishness. Men had
ruthlessly overborne him, and tried to crush him to po^wder — ^he, a patriot,
and a man of sincere convictions, incapable of being a demagogue or of
becoming mentally untrue to himself — and when he saw a flaw in the
armor of any of these men he relentlessly struck — and struck home !
MarshaU's History of Kentucky has become almost as rare as Filson's,-
and it is next to impossible to secure a complete copy, especially of the
two volume edition of 1834. It seeins strange indeed that so noted a
work should be so scarce and so hard to lay hands on less than seventy
years after its publication. Though there are several theories to account
for this fact, probably the correct one is that the edition was orignaUy
smaU, only a thonsand copies having been printed, and of these a very
large number must have naturaUy disappeared in the course of sixty or"
seventy years. It has been stated that some people have made it almost a
Ufe business to hunt out and destroy all the copies of this book they eould
find. The few copies which have survived are naturaUy preserved with
the most jealous care, not only on account of the rarity of the work, but
more, perhaps, on account of its great merit. In the course of time
many copies of the history have been in the Lexington library, but none
remained there permanently xmtil a few years ago Eev. L. B. Woolfolk

t22 THE LIFE AND TIMES OF
donated to it a copy of the two volume edition of 1834, laying the strict
injuction, however, as the imperative condition of the gift, that it
should be kept Under lock and key, never be taken out of the Ubrary
building, and that it should be read, when read at all, under the
immediate espionage of the librarian. These conditions have served to
preserve it intact in the library. This vrriter tried in every direction to
buy the work, but could nowhere hear of a copy for sale ; nor did he,
indeed, hear of more than a dozen copies in existence, at all. FinaUy,
he was presented by Mr. W. H. Murray, of Frankfort, who has for many
years resided at Humphrey Marshall's old home, "Glenwillis," with a
sadly-mutilated copy of the one volume edition of 1813, which Mr.
Marshall had personaUy presented to Mr. Murray's aunt many years
ago. Collins states that the history was savagely attacked on its appear
ance l)y the newspapers of the day. The writer of this sketch has
examined the files of almost every paper published in Kentucky in 1813,
when the first edition of the history appeared, as well as the files of
various papers published in the State in 1834, when the second edition
was given to the world, and failed to find any mention of the work in
any of them, with one exception. It appears that in 1835 Patrick H.
Darby attacked the history quite viciously in the Constitutional Advocate,
and then refused Mr. Marshall the liberty of his columns for a reply to
the criticism. No copy of that paper is now known to be in existence,
so of course the criticism itself is lost, but its tenor may be judged by
the brief allusions to it in contempory prints, and by Mr. Marshall's
reply to it, which is still preserved in the flies of the Argus. This
paper (October 36, 1835) says : *
Poor BeUisarius ! The 'venerable' Humphrey Marshall, like the old
Eoman General, can not now get an oboVus from the men whom he has
so zealously and faithfully served. Darby promised the public a
review of his history of Kentucky, and Marshall solicited the privilege
of replying to it in the Advocate, which was denied. Marshall then
applied to the editors of the Commentator for the privilege, and Dana
denied it. Where the poor old veteran •will go next we know not.

* Amos Kendall was at that time editor of the Argvs.

HTTMPHREY MARSHALL THE ELDER. 123
Since the foregoing article was vrritten, we have received the foUow
ing letter from Mr. MarshaU, inclosing a communication to the Arg^us,
addressed to Patrick H. Darby :
To fhe Editors of fhe Arg-us of Western America.
Gentlemen : — Under present circumstances I accompany this address
vrith my own name, and which I wish to appear in your next paper, lest
the good friend to whose continued attacks it is a reply should give so
many blows unretumed as to tiiink his own impunity reaUy secured by
his editorial caution. There is so much hefore the pubUc that more
explanation seems unnecessary. Should you make the pubUcation, the
condition is at your own option — if free of expence it wUl confer an
obUgation, as it wiU also rendeE a service in the line of your business ;
if yon make a charge it shaU be paid. In short, be the whole responsi-
¦biUty mine. Yours with due respect,
H. Mabshall.
Mr. MarshaU's article, three columns in length, was pubUshed in
the Argus of November 3, 1835 ; and from it is extracted that portion
wliich seems most pertinent to the purposes of this work ; riz :
* * ¦* Why mingle vrith it the affectation of regret that I had vtritten
the history ? Should not the country have a history ? Who would have
written one ? Who is writing one now ? ¦ More than ten years have
elapsed since the history was commenced, bul who is not governed by
circumstances ? Lately it has grown into two volumes — it requires a
third to complete the design. It will be admitted that one of a different
character might have been written, and may yet be ¦written, in which
intriguers ¦with foreigners may be justified, and the absurd idea propagated
that such things promote the duration of republics, when those who move
at their head are concerned as agents. For this doctrine I acknowledge
myself your debtor. My own is pretty clearly expressed in the history.
Were that in the hands of the public, even to the extent of the edition
published (1000 copies), it could then speak for itself, and be fairly
criticised or travestyed according to the capacity and disposition of the
critic." In a subsequent numberof fhe Argus a correspondent ("Eandolph")
in VTriting about Darby says : "And by the way, Humphrey Marshall
• » * * and his History are to be laid prostrate in the dust. The
promised effort was made, and what was the result of those weighty
powers ? Humphrey, vrith a single stroke of his quiU, sUenced aU his
batteries, and laid poor Pat flat upon his back in the mud."

3.24 THE LIFE AND TIMES OF
Comment on the flistofy.
Subsequent historians of Kentucky, and others, have commented on
Marshall's History of Kentucky as follows :
Col. Major says :
"Of that book I must be allowed to say a word. Each time that I
have read it, at intervals of years and with increased interest, it has ,
impressed me with an extraordinary characteristic, that although
evidently written out of the memory of one man, with little or no
evidence that documents, then easy of access, were consulted, it remains
*to-day ahead of all rivals both in accuracy and fulness of detail. The
prejudices of the defeated and revengeful politician sometimes get the
better of the judgment of the sober historian in its picturesquely written
pages, yet I must be allowed to display my powers of criticism when I
say that I would not give old Humphrey as the chronicler of my native
State for all the Littells, Butlers, McClungs, et id omne genus, who have
succeeded in rendering the history of Kentucky so intensely dull as to
deter any but an 'old mortality' from pursuing what, by rights, ought
to be a delightful study."
Collins' History of Kentucky, Vol. II., page 640, says :
"Humphrey Marshall's was for thirty years the most prominent of
Kentuckian histories — prominent because of his high position in public
life, and as a lawyer and editor, and because until 1834 his was the only
work generally known and quoted as a history of Keiatucky, and the
one most extensively known until 1847. It was first published at Frank
fort in 1813, 407 pp., 8vo., entitled : 'The History of Kentucky,
including an account of the Discovery, Settlement, Progressive Improve
ment, Political and Military Events and Present State of the Country.'
A second volume was promised, but was not published until 1834 ; when
the work was issued in two volumes, with the first volume much
amended and rerised, 533 and 534 pp., Svo. The work was very able
and very interesting; but was often partisan, bitter, and prejudiced,
and as such was savagely attacked by the newspapers of the day. One
of the most remarkable passages in the 1813 edition was this, from page
181: 'Already had the flattery of the Minister, and the thousand seductive
blandishments of Paris, gained over to his purpose that singular com
position of formal gaiety, of sprightly gravity, of grave wit, of borrowed
learning, of vicious morality, of patriotic treachery, of political folly, of
•casuistical sagacity and repubUcan voluptuousness — Dr. Franklin.' * * *

HUMPHREY MARSHALL THE ELDER. 125
"Tfeis language was greatly modifled in the 1834 edition, pages
156-7. Dr. Mann Butler, in the preface to his history in 1834, felt bound
to explain the extraordinary differences between his own statements
of 'the complexion of many events, and the character of most of the
early statesmen of Kentucky' and those of Mr. MarshaU ; and to express
'His solemn conriction that every man and party of men who came
into coUision with Mr. MarshaU, or his friends, in the exciting and
exasperating scenes of Kentucky story, were, essentially and profoundly
misrepresented by him — however unintentionaUy and insensibly it may
have been done. The contentions between Mr. MarshaU and his
competitors for pubUc honors were too flerce to admit of justice to the
character of either in each others representations. These enmities
transformed his history into a border feud, recorded with aU the embit
tered feeUngs of a chieftain of the marches * * * * To have been
opposed to him in the political struggles of Kentucky seeins to have
entaUed on the actors a sentence of conspiracy and every dishonorable
treachery. Isaac Shelby, Harry Innes, James Wilkinson, John Brown
and his brother, James Brown, George Nicholas, WiUiam Murray,
Thomas Todd aud John Breckinridge, were thus unjustly denounced by
Mr. MarshaU." * * *
This is strong language, used in 1834. Dr. Butler does not deny Mr.
MarshaU ¦what aU conceded who knew bim — the possession of brilliant
talents and commanding force of character. He was a FederaUst, held
to aU tbe principles and measures of that party to their fuUest extent,
and as such was elected to the United States Senate over John Breckin
ridge for six years, 1795-1801. During his term in the Senate some
pubUc men of Kentucky bitterly pursued him ; and he, years afterwards,
as bitterly pursued them.
AUen says (History of Kentucky, p. 359) :
The flrst history of Kentucky ever published was by Mr. MarshaU.
TTiR personal prejudices are often interlarded in the work, which
rendered it objectionable to many, but, taken altogether, it was a good
and valuable work, and one wldch I read with great pleasure soon after
i^ts pubUcation in 1834 or 1835, but have not been able ¦to secure one since
my present undertaking to vmte a similar work commenced. I could,
doubtless, have derived great advantage from its reperusal.
Smith's History of Kentucky (Page X.) alluding to the one volume
edition of 1813 says :
This work was published by Mr. MarshaU as the flrst of two
volumes, the second of which never appeared. In 1834 he pubUshed at

126 THE LIFE AND TIMES OF
Frankfort a re'written and enlarged work in two volumes, 8vo pp. 474
and 534, whioh was the first elaborate history of the State. He was a
Virginian by birth, and came to Kentucky at the early date of 1780. He
therefore lived through nearly the entire period about which he wrote ;
and had it not been for the fierce political conflicts in which he engaged,
and the color they gave to the portraits he sketched of opponents, hia
work would have been accepted by posterity with a credence worthy of
its great ability.
Perrin, in the "Pioneer Press of Kentucky," says that Marshall's
History is superior to all rivals in literary merit, as well as in accuracy
and fulness of detail. E. D. Warfield, in "The Kentucky Eesolutions
of 1798," speaking of Mr. Marshall, says : "He was now (1798)
politically dead in Kentucky, but he took a sharp-tongued revenge on
the times and the leaders in aiter years in his able but partisan history
of Kentucky."

COL. JOHN MASON BEOWN'S "POLITICAL BEGINNINGS OF KBNTUCK^S."
A foot-note on page 160, "PoUtical Beginnings," says : "The quota
tions by MarshaU in the eighth chapter of hi% first edition (History of
Kentnicky, edition of 1813, Vol. 1, page 341, et seq.) disclose the unusual
attempt by an author to use his own anonymous newspaper communica
tions, as historical proof of his own statements as a historian."
In the volume and on the page cited, Mr. Marshall's exact words
preceding the insertion of the anonymous newspaper communications
in question, are these : "As tbe examination and exposure of the real
objects of this letter, by An Obsebveb, are believed to have given a proper
direction to public opinion, and wUl have the same sgood effect in all
times ¦to come, we shaU insert them as disquisitions which have our
approbation, and which were published in Frankfort, where Mr. Brown
resided, without refutation or even contradiction."
"An Observer" was the pseudonym under which Mr. MarshaU wrote
for The Western World, and the letter referred to above as having its real
objects examined and exposed by "An Observer" was the letter of July
10, 1788, from Hon. John Brown to Judge George Muter. It does not

HUMPHREY MARSHALL THE ELDER. 127
appear that "An Observer's" letters were copied by Mr. MarshaU in his
history "as historical proof of his own statements as a historian.'' Mr.
MarshaU's w^ords in this connection are plain, and do not admit of such
a construction. "PoUtical Beginnings," page 199. Eeferring to an alleged motion
by John Brown in the DanriUe Convention of November, 1788, that
the District separate from Virginia and be erected into an independ
ent member of the Union, it is said that it is certainly "strange that
MarshaU should not aUude to it while rehearsing the conduct of his
enemy." Mr. MarshaU would certainly be inexcusable for omitting this
motion from the account of the convention given in his histoiy — if any
such motion had been made by John Brown. But he made no motion
of the kind ; as is shown by Littell, the very authority to whom his
grandson, Col. John Mason Bro^wn, appealed to show that he did.
MarshaU's History, in its account of the convention, is sustained by the
official minutes of the convention. >
Page 201, the author of "PoUtical Beginnings" again criticises
MarshaU for omitting to mention that the "Address to the Legislature
of Virginia" passed by the November 1788 convention, and printed in
his history, was reported by his enemy. Judge Innes.
Judge Innes was entitled to no credit for reporting this address,
which was prepared by a committee consisting of Messrs. Edwards,
MarshaU, Muter, Jouitt, Allin and WUkinson, aU of whom except Jouitt
and WUkinson were of the "Country party." Judge Innes happened to
be the chairman of the committee of the whole which considered the
address when it was submitted by the committee ; and as such it was
his bounden duty to report it to the convention (whether he approved
it or not) after the committee of the whole had risen. The fact is,
Judge Innes did not personally approve the address.
The authorship of this address probably belongs to Col. MarshaU or
Judge Muter, since the text appears to be in Une with Judge Muter's
letter in the Oazette of October 15th, 1788 ; which letter the author of
"PoUtical Beginnings" (page 193) thinks was inspired or "thought out"
by Col. MarshaU. Judge Innes could not rightfully claim any credit in

128 THE LIFE AND TIMES OF
connection with this address, and he was not wronged, in this respect,
at least, by Marshall's History of Kentucky.
Quite a number of pages in "The Political Beginnings of Kentucky"
are devoted to the task of proving that Hon. John Brown did' not utter
in the convention of November, 1788, the words attributed to him in
Marshall's History, viz :
"That he did not consider himself at liberty to disclose what had
passed in private conferences between the Spanish Minister, Mr. Gar
doqui, and himself ; but this much in general he would venture to inform
the convention, that, provided ¦we a/re ¦unanimous, everything we could ¦wish
for is ¦within our reach."
This passage is not in the official minutes of the proceedings of the
convention, as they were published at the time, or as they have come
down to us in the original manuscript. There were many ways in
which the passage might, without wrongful intent, have been omitted
from the official minutes ; which, as published, are briefly and tersely
stated, and do not appear to note any speeches or remarks that were
made by any member, on any question, but conflne themselves strictly to
the official action of the convention.
As to Mr. Brown's short speech, just quoted, it has al^ways been un
derstood that it is an excerpt from the notes of the proceedings of the
convention taken down by Col. Thomas Marshall for his own informa
tion, as was his habit upon all such occasions, and used afterwards in
one of his letters to Washington. Humphrey Marshall gave it as an
"accurate quotation," as stated by Hon. John Mason Brown ; but he
- certainly had a right to do so. It was published in the Western World
in 1806, many,years before Hon. John Brown's death, aind was repeatedly
published afterwards, yet it is nowhere shown or attempted to be
shown that Mr. Brown ever explicitly disclaimed the language.
Page 304, "Political Beginnings," it is stated that Humphrey Mar
shall "was not a member of either of the conventions of 1788, nor did he
profess to have personal knowledge of what took place at its sessions."
Also, that in his account of the convention he cites no authority other
than such extracts of the journals as were published in the Kent-ucky
Oazette. i

HUMPHREY MARSHALL THE ELDER. 129
He does not cite even that. In the preface to his history he says :
"It has neither note, reference or errata." He probably believed that
he was, in the main, stating facts which were well known to his contem
poraries, or should be. And Smith's His^tory of Kentucky, page 385,
says: * » * * "The Seventh Convention met at DanriUe in November,
1788. In October prerious there were elected as members of this body,
Messrs. Humphrey and Thomas MarshaU, Muter, Crockett," &c., &c.
The devotion of so much space in "The PoUtical Beginnings of
Kentucky" to a demonstration of the fact that so many witnesses in
Innes vs. Street, and Innes vs. MarshaU did not testify that John Brown
used the words stated, appears a work of supererogation. It should
first be shown (which is nowhere done) that the question was put to
them ; and even then, after the lapse of twenty-five years, the memory
of vritnesses as to the language used by Mr. Brown in his speech at the
convention (for he did make one) might not be reUable. Moreover,
John Brown was not a party to either of these suits, and any testimony
eUcited in them toward the clearing of his record must have been
lugged in by the shoulders. It is true that Humphrey MarshaU attacked
John Brown in his history and elsewhere more riolently than he ever
attacked Judge Innes, but Mr. Brown never sought reparation in a suit
at law for defamation of character.
"PoUtical Beginnings," page 301, referring in a foot note to WilUam
LitteU's "Political Transactions," &c., says : "The book was avowedly
based on documentary evidence fumished by Innes and Brown."
LitteU's "Political Transactions," page 43, says : "This communica
tion [WUkinson's address to the Intendant of Louisiana] brought to
recoUection information received by the president of the convention on
the same subject in a letter written by John Brown, while in Congress,
after the appUcation of Kentucky to that body had been defeated, as
hereinbefore mentioned. A motion was then made that the president
request Mr. Brown (who was then a member of the convention) to make
such communication on the subject as he should think proper. Mr.
Brown then stated in a concise manner the substance of what he had
written to Col. McDoweU. But in doing this he merely made a. naked
statement of the conversation, without recommending the adoption of

iSO THE LIFE AND TIMES OF
any measures in consequence of it, or suggesting a single sentiment of
approbation." It is unfortunate for history that Littell omitted to give the ¦words
used in this speech, which inight easily have been done, as it was avow
edly "concise" and "naked." So far as his descriptionoi it goes, it is not
incompatible with the statement quoted by Humphrey Marshall as
having been made by Brown.
Littell says further in regard to this matter (page 64) : "But in the
convention of November, 1788, Mr. Brown made a public communication
of his conferences with Gardoque in the presence of honest simplicity,
wary jealousy, and suspicious duplicity — in the hearing of confidential
friends and insinuating hypocrites, of open rivals and secret enemies."
Neither the witnesses in Innes vs. Street and Innes vs. Marshall,
nor even the official minutes of the convention made reference to this
"open communication" by Mr. Brown in the convention. But as the
fact is printed in a book "avowedly based on documentary evidence
furnished by Innes and Brown," we must believe that it was made, and
if so, Marshall had at least some basis for the statement in his history.
Littell, referring twice in his book to this matter, in neither instance
states the words which Mr. Brown claimed to have used ; nor does he, in
either instance, speaking as the mouthpiece of Mr. Brown, deny the
¦words attributed to him in Marshall's History, which had then already
been published in the Western World in nearly, if not exactly, the same
form in which they afterwards appeared in the history.
This much, it is believed, it is not inappropriate to say in defense of
Mr. MarshaU's integrity and reliability as a historian upon a point
where both his integrity and his reliability as such have been ques
tioned.

It will thus be seen that ability is conceded to Mr. MarshaU, and
that partisanship is also charged, by all. While his partisanship is
so clearly apparent, being in fact a repetition from one historian
to another of the hue and cry of a century ago, it seems impossible
for any of these gentlemen to detect any tinge or color of partisan
ship in the actions of the men who unscrupulously, by every possible

HTTTilPHREY MARSHALL THE ELDER. 131
means, destroyed to a considerable extent the influence and capacity
for pnbUc good of so great and so honorable a man as Humphrey Mar
shaU. Nor does the fact seem ever to have entered into the compre
hension, not only of the historians, but of the pubUc generaUy, that
those who have attempted to palliate or condone the conduct of treason
able conspirators are equally culpable of the charge of partisan.ship as
is Humphrey MarshaU, whose partisanship consisted in denouncing it.
In this connection it is not improper, perhaps, to give such extracts
from the prefaces of the two editions of the history as set forth the
reasons aUeged by Mr. Marshall himself for the production of the work,
as weU as his own statement of the motives which actuated him.
He says in the preface to the edition of 1813 :
It is now thirty-seven years since the first permanent settlements
were made in Kentucky. Many of the early adventurers and first settlers
have disappeared by the ordinary operations of nature or the incidents
of Indian hostiUty ; and others best acquainted ¦with its origin, rise, and
progress of its improvements, verging fast to the sUent grave. Facts
and circumstances ¦which may now be attested by the Uring, in a few
years could only be reported upon the faith of tradition. It is always
desirable that the historian should be able to ascend to the sources of
eridence, and thence to deduce his details. An important advantage
which a history of Kentucky, now written, ¦wiU have over one that should
be deferred for a number of years, is that its narrative may be attested
or corrected by li\tng tnitn-esses.
Being myself a resident of Kentucky for more than thirty years,
and baring occasion to witness or to be weU-informed of passing events ;
considering that it may be useful for the present and future ages to per
petuate the memory of the most important of those events ; and not
knowing that any other indiridual vrith the same means of information
has it in contemplation to \vrite a history of Kentucky, I have determin
ed, ¦with my feeble but best abUities, to present my countrymen ¦with one,
which may be characterized topographical, biographical, political, civU
and miUtary. These topics are, it is beUeved, sufficiently copious to
embrace the great objects of his^tory, and to admit of aU that variety
and detaU which constitute the amusement and the utiUty of historical
composition. * * * *
To those who have been accustomed to read the histories of ancient,
long-existing, or great and populous empires, the history of Kentucky
for the space of thirty-seven years only may seem a subject equally

132 THE LIFE AND TIMES OF
unworthy of the author and the reader. But when we reflect that the
little all of one man is as dear to him as the multiplied treasures of
another, we may reasonably expect that, to the people of Kentucky, at
least, the history of their own country will be an object of no common
interest or faint solicitude.
How far the history about to be offered to them will answer tteir
expectations, meet their wishes, or gratify their love of country, will
depend essentially on the materials employed, as well as on the skiU and
judgment of the workman. When the author turns his attention to the
ancient republics of Greece and Eome, or contemplates the modern
empires of the world, his mind is fllled with a crowd of interesting,
important and brilliant flgures ; the investigation and display of which
would give animation to genius, sublimity to thought, and eloquence to
style. * * ¦» * But Kentucky ! brought forth in obscurity, lapped in
simple industry, raised in peace after a few predatory alarms and simple
invasions of savages, — what has she in common with the countries just
reviewed ? What splendid subjects for history does her short period of
existence display ? How shall the historian flll his empty page ? How
shall he give interest to the narrative ? How shall he attract attention ?
How re^ward his reader ?
Cease, inconsiderate enquirer, nor think the fleld barren which has
produced an independent State encircled in the American Union. Deem
not the subject destitute of interest which involves the birth and infancy
of a growing nation which may justly claim a high destiny in the
Federal galaxy of North American constellations. Nor has Kentucky
been without her wars, revolutions, conspiracies. She, too, has had her
generals, statesmen, patriots — and traitors ! ! !
* * * * Kentucky has her moral, religious and political character.
Themes worthy the laborious investigation of the statesmen, and the
faithful record of the historian. These shall receive my most sedulous
attention in the production of the following work.
The preface to the edition of 1813 was reproduced in the edition of
1834, which contained, also, a new preface, from which the foUowing
extracts have been made :
* * * * Believing, nevertheless, that the motive with which anything
is done must always make an essential constituent of its merit, I shall
not hesitate ¦to say that public utility has been the predominant object
of my labor. * •» » *
What popular favorite could bear an examination of his political
conduct for twenty years past ? Suppose one, the least exceptionable,

HUMPHREY MARSHALL THE ELDER. 133
selected — his course retraced — his measures scrutinized — his motives
developed — his tergiversations noted — his inconsistencies set in array
against him — his pretensions, feints and deceptions, as by him played
off upon the people themselves, shown — the general selfishness of his
patriotism duly exposed : to most hbnest men who would examine the
portrait it would be repulsive. What, then, must a faithful delineation
be of those who have not the ground- work of a good moral character,
and hardly a rirtue with which to begin the picture. Consider what
that history would be which should collect and display the transactions
of such men to pubUc riew. Not that I have attempted the task. On
the contrary, deeming it expedient to decUne personal history — since
the prevalence of party feelings— although to the generaUty of the
readers of the histories of other countries peculiarly in^teresting and
agreeable ; and ¦which might have been made entertaining in this ; yet
the defect is to be acknowledged in the history of Kentucky.
For this I have sought a compensation to myself in the refiection
that indiridual peace and complacency of mind were left unmolested —
and to the reader, that even the utility of the work was enhanced by
substituting the results of public deliberation to detaUs of personal
occurrences. * * * *
In the composition of the work the materials have been drawn from
conversations with the first settlers, my own observations and expe
rience, Burck's History of Virginia, Boone's Narrative of 1784, by Filson ;
and pubUc documents of various descriptions, to which I have had
access. * * * * In relation to the indiriduals impUcated in the different
intrigries carried on in Kentucky, their exposure was demanded by every
right of justice and every principle of utility. WhUe care has been
taken to introduce no name not preriously before the public — nor of
those which were — ^has means been used to render any conspicuous
against whom the aUeged offenses could not be estabUshed in the
plentitude of historical eridence.
Hence the developments coinmenced in the first volume have been
concluded in the second.
Both editions of Marshall's History of Kentucky were printed in
Frankfort; that of 1813 by Henry Gore, and that of 1834 by George
Adams. It was eridently the intention to iUustrate the first edition, for
there is a frontispiece marked "Plate I," which is a very creditable
iUustration of a party of white men being attacked in a forest by a larger
party of Indians. The intention to iUustrate, however great in design

134 THE LIFE AND TIMES OF
it may at flrst have been, was not carried beyond this single plate ; and
the second edition has no iUustration whatever ; and the author boasts
that it is even "without foot-note or reference." The binding of both
editions is substantial leather ; but the typography of each is poor, and
the paper poorer. These observations are made because both editions
of the work are now so rare that possibly not more than one
Kentuckian in a thousand has ever seen either ; and the copies now in
existence will necessarily grow fewer as the years roll by. It may be
added that the punctuation of the work is positively miserable — so much
so as to frequently obscure the sense of the text, but whether this is the
fault of the author or of the printer, probably can not now be
ascertained. It may also be added that the extreme rarity of the history is con
sidered a good excuse for the copious extracts made from it in this
work — extracts which go to show the author's style ; and which, owing
to the inaccessibility of the history to the general public, may almost be
classed as matter culled from original sources.

The Peaceful Close of a Stofmy liife.
As has been stated, Mr. Marshall retired permanently from every
form of public life, after selling the Harbinger to Patrick H. Darby, in
1835. About this time he was paralyzed on one side, and palsied ; and
about a year previously he had the misfortune to lose his wife, who,
though blind for many years, had been a most loving and' efficient help
mate, and always his truest and most faithful friend, and wisest
adriser. i
During the troublous time of the "Old Court" and "New Court" and
"Eelief" and "Anti-Eelief" agitations in Kentucky, marking what was
doubtless the most critical era in her career as a Commonwealth, Mr.
MarshaU was one of the staunchest advocates, and, indeed, most trusted
leaders, of the "Old Court" and "Anti-Eelief" parties. Both were
immensely unpopular for a time, but both triumphed in the end, and
the part which Mr. Marshall had taken in behalf of each was not

HUMPHREY MARSHALL THE ELDER. 135
forgotten by the jwople, who, generaUy, regarded him with less pre
judice and more veneration through the remainder of his Ufe.
Eegarding the ''Court" and "EeUef"' agitations in Kentucky (no
account of which is intended to be given in this sketch) it may be
said in passing that however much the . people may have been dirided
upon them in the times when the discussion of the issues they involved
threatened, almost, to precipitate anarchy — there is but one opinion
about them now; and that is that the positions occupied by the "Old
Court" and "Anti-EeUef" parties were right. Thus has the lapse of time
and the light of history once more justifled and approved the judgment
and action of Humphrey MarshaU.
After his retirement, the fruitfid pen of the old joumalist, disputant
and historian, appears no more to have vexed the souls of his opponents.
From that time on the pubUc prints of the day had but little to say
about him, and appear to have had but little, if anything, from his pen,
except his criticism, in 1832 of Prentice's "Life of Henry Clay ;'' when,
at the age of seventy-two, his palsied hand again took up the good
gray-goose quiU with aU the force and rigor of former years. Although
he was then enfeebled by age and disease, the production itseH (a
portion of avhich is given in this work) abundantly shows that the old
man's hand had not forgot its cunning, nor his mind lost its powers.
His ¦wiU, ¦written in 1S.39, two years before his death, was indited by
his own hand, and shows the remarkable retention of his mental vigor ;
and the chirography itself, although done by a man more than seventy-
nine years old, who had been for many years both paralyzed and palsied,
is stiU bold and legible.
Mr. MarshaU early became interested in the movement begun in
Kentucky for the colonization of the slaves, and was one of the most
earnest advocates of that scheme. Although a slave-holder during
almost his entire Ufe, slavery was repulsive to him. During his Ufe he
manumitted some of his slaves, and at his death the remainder were set
free by the terms of his wUl. That he, professing a behef that slavery
was radicaUy and essentially wrong, should continue to be a slave
holder aU his days, may appear to constitute at least one inconsistency
in a character otherwise thoroughly consistent. But he was not alone in

138 . THE LIFE AND TIMES OF
this respegt. His friend, the immortal Washington, was guilty of an
exactly similar inconsistency, and so was his great opponent, Henry
Clay. It must suffice that his great heart and conscience early discerned
the wrong in a community and during a time when the general consen
sus of public opinion failed to discover and refused to admit any wrong
whatever in the fact of slavery. And it is at least some merit and some
atonement that Mr. Marshall righted the wrong, so far as he was indirid-
ually concerned, to some extent during his life, and thoroughly at his
death. After the death of his wife, Mr. Marshall continued for some years
at his mansion called "Glenwillis," on the bank of the Kentucky Eiver,
about a mile below Frankfort. But, his health faiUng, he flnally left
the town of Frankfort, (whose earnest advocate and friend he had
always been) and went to Uve with his son. Judge Thomas A. Marshall,
an eminent lawyer, then living in Lexington, where he ¦was a professor
of law in the then famous Transylvania University — famous not only
througiiout America, but in Europe as well.
Here the fading veteran continued to live, passing his few remaining
days in peace and tranquility after a most stormy and turbulent career.
Some old people of the town still remember him, going in and out among
them in those days, placidly and serenely, and always with the long
staff ^frhich he had carried even when quite a young man. There he
was regarded with awe by the younger generations who had sprung up
in latter years ; and he was looked upon by all with that interest which
a romantic career and remarkable character always inspires.
And tliere, in Lexington, where he had begun his career in Ken
tucky in 1783, he ended his life on the 3d day of July, 1841, at the ripe
age of eighty-one years. The house where he died, at the head of Sixth
street, is still standing, and is now (1890) occupied by Mr. Eobert
McMichael. Mr. Marshall's remains, according to a request he had made, were
carried to Frankfort and interred in the grounds adjacent to the family
mansion, "Glenwillis." Those who could not conceive that a man
who was so remarkable in life could be less so in death, conceived and
circulated the story that, by his own direction, he had been buried

HTTMPHREY MARSHALL THE ELDER. 13!T
standing upright — a story which it is hardly necessary to say was utterly
¦without truth or foundation, although there are many who yet believe
itfuUy. Mr. MarshaU's ¦wife had died and was buried at what was kno^wn as
his "Matt Gray Place," in Woodford county, and it was always his
intention to have her remains removed to "GlenwiUis" for re-interment.
With that intention he had erected very near the spot where his own
remains now repose a beautiful and expensive monument for the perpet-
natign of her memory. The inscription is in these words :
Anna Mabia Mabshall,
Second daughter of Col. Thomas MarshaU, was bom the 39th of Septem
ber, 1759 ; intermarried ¦with Humphrey MarshaU the 18th of September,
1784, and, dying on the 38th of September, 1834, left two sons, her
husband, and many friends, to deplore the loss.
To domestic circles she looked for temporal enjoyments ; to a Sarior
and Heaven for eternal happiness. ¦
Her person perfect ; her features comely ; her mind of the highest
order of hunian inteUect ; her heart the seat of every rirtue.
A high sense of her duties in Ufe, and great fideUty in discharging
them were the characteristic traits of her to whose memory this column
is erected by her husband. September, 1834.

The remains of Mrs. MarshaU were never removed to this spot, but
stiU rest where they were flrst laid ; and no stone of any description has
ever been erec^ted to mark the spot where repose the ashes of Humphrey
MarshaU, who was intrinsicaUy one of the greatest men, in every
attribute of true greatness, ever produced in this or any other country,
by this or any other age.
Neglected aUke by friend and foe, by kith and stranger, his lonely
grave, now without enclosure, is trampled level with the surrounding
plain by the tread of cattle that roam at will above it. A few more
years and the exact location of the grave will be forever lost and
forgotten. In 1888 a bUl passed' the Kentucky Senate appropriating the sum of

138 THE LIFE AND TIMES OF
three hundred dollars to defray the expense of removing Mr. Marshall's
remains to the State Cemetery, and erecting over them a plain, substan
tial stone, suitably inscribed. A much larger sum would have been
asked for this purpose except for the then recent defalcation, for a large
amount, of a high State official, which was supposed to have left the
State Treasury depleted. This bill, which passed the Senate, would
also have easily passed the Lower House, except for the fact that some
of Mr. Marshall's descendants requested the Legislature to allow his
ashes to remain undisturbed.
Mr. Marshall's true relation to the times in which he lived are now
just beginning to be fully understood by students of Kentucky history.
A man much maligned and greatly persecuted he certainly was.
Always misrepresented, and probably never understood, he had much to
face before which weaker men would have quailed and gone down. But
his undaunted heart never for an instant failed him, even under the •
most trying circumstances. Serene in the consciousness of honest
motives and sincere convie^ipns, he never stopped to consider the efficacy
of "policy," nor did he ever hesitate from any consideration of personal
interest, nor indeed from any consideration whatever, in pursuing the
line which, as it appeared to him, duty had so plainly marked out.
More pregnant or truer words could not be said of any man who
ever lived ; and the merited measure of praise and applause ¦which the
generations of his own times denied him, the generations of future times
will not fail to proudly award him.

THE BNB.

HTTMPHREY MARSHALL THE ELDER. 139

Postscript-

VHIS work having been printed in much smaUer type than was
originaUy intended, is comprised in about 140 pages. If it had
been published in the style of the FUson Club series, as was at
first designed, it would have made a book of more than 350 pages, as
was set forth in the prospectus ; but by the change the matter is con
tained in a handy little volume, substantiaUy and handsomely bound in
cloth. The Filson Club pubUcations are printed in large type, have ex
ceedingly wide margins, and are bound in pai)er covers.
As only a smaU edition is printed, and the work being more expen-
pensive than if it had been printed and bound in the FUson Club style,
the price originaUy set — S3. 50 per copy — is retained. THE PUBLISHEES.

iisriDE^zx:.

Ancestry — Of Humphrey Marshall ;
paternal, 7 ; maternal, g.
Birth and Youth — Of Humphrey Mar
shall, 10.
Bodley, Thos. — Extract from Mar
shall's letter to, conceming the
Virginia Convention, 29.
Brown, James — ^Duel with Jas. M.
Marshall, 52.
Brown, John — Letter to Judge Muter,
40 ; speech in DanriUe Conven
tion, November, 1788, 45, 126 ;
enmity for Marshall, 51.
Brown, John Mason — Comment on
Marshall's History of, Ken-
Kentucky, 126.
Clay, Henry — ^Dnel with Marshall,
100 ; Prentice's Life of, 103.
Cobnm, John — ^Marshall's open letter
to, si-
ConnoUy Afiair, the, 47.
Craig, John Sr., — Marshall's contro
versy with, 55.
Danville Conventions — MarshaU in,
43. 129-
"Desultory Reflections of a Gentle
man of Kentucky," 47, 48.
Duel — Marshall breaks up a, 52 ; with
Henry Clay, 100; challenged
to fight a, by Richard M. John
son, 116.
Editor — Marshall as a, 112.
Gazette, The Kentucky— Historical
sketch of, (foot note) 35.
Harris, Jordan — "History of Hum
phrey Marshall," 15; extract
from letter, 22 ; His affair with
Marshall, 30; his account of
it, 32; MarshaU's account of
it! 38.

History ot Kentucky — Marshall's, i ig;
Comment on by Major, 124 ;
by Collins, 124 ; by Butler,
125 ; by Allen, 125 ; by Smith,
125 ; by Perrin, 126 ; by War-
field, 126 ; by John Mason
Brown, 126 ; preface of quoted
from, 131, 132 ; extracts from
on Spanish Intrigue, 44, 45.
Innes vs. Marshall — Account of, 78.
Jay Treaty — ^Marshall's vote on, 58 ;
mobbed on acconnt of, 62.
Johnson, Richard M., challenges Mar
shall to fight a duel, 116.
Joumalist — Marshall as a, 112.
Kentucky — ^Marshall's removal to, 13 ;
Marshall's History of, 119;
Comment on Marshall's Histo
ry of, by Major, 125 ; by Col
lins, 125 ; by Butler, 125 ; by
Allen, 125 ; by Perrin, 126 ; by
John Mason Brown, 126 ; Lit
teU's "Political Transactions"
in, quoted from, 129, 130 ; ex
tracts from on Spanish In
trigue, 44, 45 ; Preface of Mar
shall's History of quoted from,
129, 130 ; "Political Begin
nings of," quoted from, 42,
47, 126 ; "Desultory Reflec
tions by a Gentleman of, "47.
Kentucky Society for the Promotion
of Useful Knowledge, 23.
Landowner — Marshall as a, i6.
Lawyer — Marshall as a, 20.
Legislature — Marshall's services in,
S5> 97 : his character attacked
by, 63.
LitteU, Wm.— "Political Transac
tion's in Kentucky quoted from,
129, 130.

M2

INDEX.

Major, S. I. M. — On Marshall as a
journalist, 114; as a historian,
124.
Marriage of Marshall, 16.
Marshall Family, the — Descent of, 7.
Marshall, James M. — Duel with James
Brown, 52.
Marshall, Jno. — Father of Humphrey,
9, 10.
Marshall, Mary — Wife of Humphrey,
10, i5, 17, 137.
Marshall, Col. Thomas — Surveyor of
Fayette county, 14 ; in connec
tion with the Connolly affair,
47-
Muter, Judge George — John Brown's
letter to, 40 ; Defection of, 53 ;
charges Marshall with forgery,
63 ; Marshall's reply to, 64.
Peaceful close of Marshalls stormy
life, 134.
Personal characteristics of Marshall,
17.
Poet^-Marshall as a, 118.
Political Beginnings of Kentucky —
Relative to a vote of thanks to
John Brown by the Danville
Convention, 42 ; Dr. Connol
ly, and '.'Desultory Reflections
by a Gentleman of Kentucky,"
47 ; criticisms on Marshall's
History of Kentucky, 126.
Political Club, The— Marshall black
balled by, 24.
"Political Transactions in Kentucky''
— Quoted from, 129, 130,

Prentice, George D. — His "Life of
Henry Clay " criticized by Mar
shall, 105.
Quisenberry, Mary — Mother of Hum
phrey Marshall, 9.
Relations with the public men of
Kentucky, Marshall's, 49.
Revolutionary War — Marshall's ser
vices in, II.
Sebastian, Benjamin — Charges Mar
shall with forgery ; 63 ; Mar-
-shall's reply, 64 ; a pensioner of
Spain, 77.
Senate, U. S. — Marshall elected to,
57 ; Report of on the charges
against Marshall, 68.
Spanish Intrigue, the, 3 ; extracts
concerning from Marshall's
History of Kentucky, 44, 45 ;
exposure of, 80 ; Smith's Histo
ry of Kentucky relative to, 8r.
Surveyor — Marshall as, of Woodford
county, 54.
United States Senate — Marshall elect
ed to, 57 ; report of on the
charges against Marshall, 68,.
Virginia Convention, The — Extract
from Marshall's History con-
cerriing, 26 ; Marshall's letter to
Thomas Bodley concerning, 29.
Wilkinson, Gen. James — Commence
ment of his intrigue with Spain,
36 ; his action in Danville Con
vention, 45 ; Relative to Dr.
Connolly, 47 ; and ' 'Desultory
Reflections by a Gentleman of
Kentucky," 48,
World, The Western, (newspaper)
established in Frankfort, 71.

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