Volume 2 — APPENDIX

I. LIST OF CASES

Argued by Marshall before the Court of Appeals of Virginia

Case DateReported

Joseph Cutchin v. William WilkinsonSpring Term, 17971 Call, 1

William Fairclaim, lessee, v. Richardand Elizabeth GuthrieSpring Term, 17971 Call, 5

Cabell et al. v. HardwickFall Term, 17981 Call, 301

Hopkins v. BlaneFall Term, 17981 Call, 315

Pryor v. AdamsFall Term, 17981 Call, 332

Proudfit v. MurrayFall Term, 17981 Call, 343

Harrison v. Harrison, et al.Fall Term, 17981 Call, 364

Shaw et al. v. ClementsFall Term, 17981 Call, 373

Graves v. WebbFall Term, 17981 Call, 385

Jones v. JonesFall Term, 17981 Call, 396

Auditor of Public Accounts v. GrahamFall Term, 17981 Call, 411

Beverley v. FoggSpring Term, 17991 Call, 421

Rowe et al. v. SmithSpring Term, 17991 Call, 423

Ritchie & Co. v. LyneSpring Term, 17991 Call, 425

Eckhols v. Graham, et al.Spring Term, 17991 Call, 428

Noel v. SaleSpring Term, 17991 Call, 431

Lee v. Love & Co.Spring Term, 17991 Call, 432

Wilson v. RuckerSpring Term, 17991 Call, 435

Garlington v. CluttonSpring Term, 17991 Call, 452

Taliaferro v. MinorSpring Term, 17991 Call, 456

Hacket v. AlcockSpring Term, 17991 Call, 463

Rose v. ShoreSpring Term, 17991 Call, 469

Smith v. DyerSpring Term, 17991 Call, 488

Macon v. CrumpSpring Term, 17991 Call, 500

Flemings v. Willis et ux.Fall Term, 17992 Call, 5

Eppes, Ex'r, v. DeMoville, Adm'rFall Term, 17992 Call, 19

Cooke v. SimmsFall Term, 17992 Call, 33

Lawrason, Adm'r v. Davenport et al.Fall Term, 17992 Call, 79

Price et al. v. CampbellFall Term, 17992 Call, 92

Eppes et al., Ex'rs, v. RandolphFall Term, 17992 Call, 103

Taliaferro v. MinorFall Term, 17992 Call, 156

Anderson v. AndersonFall Term, 17992 Call, 163

Crump et al. v. Dudley et ux.June, 17903 Call, 439

Beall v. EdmondsonJune, 17903 Call, 446

Johnsons v. MeriwetherJuly, 17903 Call, 454

Barrett et al. v. Floyd et al.July, 17903 Call, 460

Syme v. JohnstonDecember, 17903 Call, 482

Ross v. PynesDecember, 17903 Call, 490

Rev. John Bracken v. The Visitors of William and Mary CollegeDecember, 17903 Call, 495

Hite et al. v. Fairfax et al.May, 17864 Call, 42

Pickett v. ClaiborneOctober, 17874 Call, 99

Beall v. CockburnJuly, 17904 Call, 162

Hamilton v. MazeJune, 17914 Call, 196

Calvert v. BowdoinJune, 17914 Call, 217

Tabb v. GregoryApril, 17924 Call, 225

Ross v. Gill et ux.April, 17944 Call, 250

White v. JonesOctober, 17924 Call, 253

Marshall et al. v. ClarkNovember, 17914 Call, 268

Foushee v. LeaApril, 17954 Call, 279

Braxton et al. v. Winslow et al.April, 17914 Call, 308

Commonwealth v. Cunningham & Co.October, 17934 Call, 331

Johnston v. MaconDecember, 17904 Call, 367

Hooe v. MarquessOctober, 17984 Call, 416

Chapman v. ChapmanApril, 17994 Call, 430

Mayo v. BentleyOctober, 18004 Call, 528

Turberville v. SelfApril, 17954 Call, 580

Executors of William Hunter and the Executors of Herndon v. Alexander SpotswoodFall Term, 17921 Wash. 145

Stevens v. Taliaferro, Adm'rSpring Term, 17931 Wash. 155

Kennedy v. BaylorSpring Term, 17931 Wash. 162

Baird and Briggs v. Blaigove, Ex'rSpring Term, 17931 Wash. 170

Bannister's Ex'rs v. ShoreSpring Term, 17931 Wash. 173

Clayborn, Ex'r v. HillSpring Term, 17931 Wash. 177

Anderson v. BernardSpring Term, 17931 Wash. 186

Johnson v. BournSpring Term, 17931 Wash. 187

Eustace v. Gaskins, Ex'rSpring Term, 17931 Wash. 188

Wilson and McRae v. KeelingFall Term, 17931 Wash. 195

Payne, Ex'r, v. Dudley, Ex'rFall Term, 17931 Wash. 196

Hawkins v. BerkleyFall Term, 17931 Wash. 204

Hooe & Harrison et al. v. MasonFall Term, 17931 Wash. 207

Thweat & Hinton v. FinchFall Term, 17931 Wash. 217

Brown's Adm'r v. Garland et al.Fall Term, 17931 Wash. 221

Jones v. Williams & TomlinsonFall Term, 17931 Wash. 230

Coleman v. Dick & PatFall Term, 17931 Wash. 233

Taylor's Adm'rs v. Peyton's Adm'rsSpring Term, 17941 Wash. 252

Smith and Moreton v. WallaceSpring Term, 17941 Wash. 254

Carr v. GoochSpring Term, 17941 Wash. 260

Cole v. ClaybornSpring Term, 17941 Wash. 262

Shermer v. ShermerFall Term, 17941 Wash. 266

Ward v. Webber et ux.Fall Term, 17941 Wash. 274

Applebury et al. v. Anthony's Ex'rsFall Term, 17941 Wash. 287

Smallwood v. Mercer et al.Fall Term, 17941 Wash. 290

Minnis Ex'r, v. Philip AylettFall Term, 17941 Wash. 300

Brown's Ex'rs v. PutneyFall Term, 17941 Wash. 302

Leftwitch et ux. v. StovallFall Term, 17941 Wash. 303

Lee, Ex'r, v. CookeFall Term, 17941 Wash. 306

Burnley v. LambertFall Term, 17941 Wash. 308

Cooke v. Beale's Ex'rsFall Term, 17941 Wash. 313

Dandridge v. HarrisFall Term, 17941 Wash. 326

Nicolas v. FletcherFall Term, 17941 Wash. 330

Watson & Hartshorne v. AlexanderFall Term, 17941 Wash. 340

Wroe v. Washington et al.Fall Term, 17941 Wash. 357

Cosby, Ex'r, v. HiteFall Term, 17941 Wash. 365

Hewlett v. ChamberlayneFall Term, 17941 Wash. 367

Pendleton v. VandevierFall Term, 17941 Wash. 381

Walden, Ex'r, v. PayneFall Term, 17942 Wash. 1

James Roy et al. v. Muscoe GarnettFall Term, 17942 Wash. 9

James Ferguson et al. v. MooreSpring Term, 17952 Wash. 54

Currie v. DonaldSpring Term, 17952 Wash. 58

Shelton v. BarbourSpring Term, 17952 Wash. 64

Brock et al. v. PhilipsSpring Term, 17952 Wash. 68

Turner v. MoffettSpring Term, 17952 Wash. 70

Turberville v. SelfSpring Term, 17952 Wash. 71

Brydie v. LanghamSpring Term, 17952 Wash. 72

Bernard v. BrewerFall Term, 17952 Wash. 76

Philip McRae v. Richard WoodsFall Term, 17952 Wash. 80

Newell v. The CommonwealthFall Term, 17952 Wash. 88

White v. AtkinsonFall Term, 17952 Wash. 94

Martin & William Picket v. James DowdallFall Term, 17952 Wash. 106

Claiborne v. ParrishFall Term, 17952 Wash. 146

Brown et al. v. Adm'r, Thomas Brown, dec'dFall Term, 17952 Wash. 151

Harrison, Ex'r, v. SampsonFall Term, 17952 Wash. 155

Harvey et ux. v. BordenFall Term, 17952 Wash. 156

Lee v. TurbervilleFall Term, 17952 Wash. 162

Jordan v. NeilsonFall Term, 17952 Wash. 164

Ruffin v. Pendleton & CourtneySpring Term, 17962 Wash. 184

Pearpoint v. HenrySpring Term, 17962 Wash. 192

Sarah Walker & Thomas Walker, Ex'rs, v. Thomas Walke[r]Spring Term, 17962 Wash. 195

Davenport v. MasonSpring Term, 17962 Wash. 200

Lewis Stephens v. Alexander WhiteFall Term, 17962 Wash. 203

Picket v. MorrisFall Term, 17962 Wash. 255

Booth's Ex'rs v. ArmstrongFall Term, 17962 Wash. 301

II. GENERAL MARSHALL'S ANSWER TO AN ADDRESS OF THE CITIZENS OF RICHMOND, VIRGINIA

I will not, Gentlemen, attempt to describe the emotions of joy which my return to my native country, and particularly to this city, has excited in my mind; nor can I paint the sentiments of affection and gratitude towards you which my heart has ever felt, and which the kind and partial reception now given me by my fellow citizens cannot fail to increase. He only who has been ... absent from a much loved country, and from friends greatly and deservedly esteemed—whose return is welcomed with expressions, which, di[rec]ted by friendship, surpass his merits or his ho[pes,] will judge of feelings to which I cannot do justice.

The situation in which the late Envoys from [the] United States to the French Republic found themselves in Paris was, indeed, attended with the unpleasant circumstances which you have traced.—Removed far from the councils of their country, and receiving no intelligence concerning it, the scene before them could not fail to produce the most anxious and disquieting sensations. Neither the ambition, the power, nor the hostile temper of France, was concealed from them; nor could they be unacquainted with the earnest and unceasing solicitude felt by the government and people of the United States for peace. But midst these difficulties, they possessed, as guides, clear and explicit instructions, a conviction of the firmness and magnanimity, as well as of the justice and pacific temper of their government, and a strong reliance on that patriotism and love of liberty, which can never cease to glow in the American bosom. With these guides, however thorny the path of duty might be, they could not mistake it. It was their duty, unmindful of personal considerations, to pursue peace with unabating zeal, through all the difficulties with which the pursuit was embarrassed by a haughty and victorious government, holding in perfect contempt the rights of others, but to repel, with unhesitating decision, any propositions, an acceptance of which would subvert the independence of the United States.—This they have endeavoured to do. I delight to believe that their endeavours have not dissatisfied their government or country, and it is most grateful to my mind to be assured that they receive the approbation of my fellow-citizens in Richmond, and its vicinity.

I rejoice that I was not mistaken in the opinion I had formed of my countrymen. I rejoice to find, though they know how to estimate, and therefore seek to avoid the horrors and dangers of war, yet they know also how to value the blessings of liberty and national independence:—They know that peace would be purchased at too high a price by bending beneath a foreign yoke, and that peace so purchased could be but of short duration. The nation thus submitting would be soon involved in the quarrels of its master, and would be compelled to exhaust its blood and its treasure, not for its own liberty, its own independence, or its own rights, but for the aggrandizement of its oppressor. The modern world unhappily exhibits but too plain a demonstration of this proposition. I pray heaven that America may never contribute its still further elucidation.

Terrible to her neighbors on the continent of Europe, as all must admit France to be, I believe that the United States, if indeed united, if awake to the impending danger, if capable of employing their whole, their undivided force—are so situated as to be able to preserve their independence. An immense ocean placed by a gracious Providence, which seems to watch over this rising empire, between us and the European world, opposes of itself such an obstacle to an invading ambition, must so diminish the force which can be brought to bear upon us, that our resources, if duly exerted, must be adequate to our protection, and we shall remain free if we do not deserve to be slaves.

You do me justice, gentlemen, when you suppose that consolation must be derived from a comparison of the Administration of the American Government, with that which I have lately witnessed. To a citizen of the United States, so familiarly habituated to the actual possession of liberty, that he almost considers it as the inseparable companion of man, a view of the despotism, which borrowing the garb and usurping the name of freedom, tyrannizes over so large and so fair a proportion of the earth, must teach the value which he ought to place on the solid safety and real security he enjoys at home. In support of these, all temporary difficulties, however great, ought to be encountered, and I agree with you that the loss of them would poison and embitter every other joy; and that deprived of them, men who aspire to the exalted character of freemen, would turn with loathing and disgust from every other comfort of life.

To me, gentlemen, the attachment you manifest to the government of your choice affords the most sincere satisfaction. Having no interests separate from or opposed to those of the people, being themselves subject in common with others, to the laws they make, being soon to return to that mass from which they are selected for a time in order to conduct the affairs of the nation, it is by no means probable that those who administer the government of the United States can be actuated by other motives than the sincere desire of promoting the real prosperity of those, whose destiny involves their own, and in whose ruin they must participate. Desirable as it is at all times, a due confidence in our government, it is peculiarly so in a moment of peril like the present, in a moment when the want of that confidence must impair the means of self defence, must increase a danger already but too great, and furnish, or at least give the appearance of furnishing, to a foreign real enemy, those weapons, which have so often been so successfully used.

Accept, gentlemen, my grateful acknowledgments for your kind expressions concerning myself, and do me the justice to believe, that your prosperity, and that of the city of Richmond and its vicinity, will ever be among the first wishes of my heart.

(From Columbian Centinel, Saturday, Sept. 22, 1798.)

III. FREEHOLDER'S QUESTIONS TO GENERAL MARSHALL

VIRGINIA. Fredericksburg, Oct. 2 POLITICAL QUESTIONS

Addressed to General MARSHALL with his Answer thereto To J. MARSHALL, Esq.

Richmond, Sept. 12.

Dear Sir,

Under a conviction that it will be of utility, should the answers to the following questions be such as I anticipate, I state them with a confidence of your readiness to give replies. They will, at all events, greatly satisfy my mind.

1st. Do you not in heart, and sentiment, profess yourself an American—attached to the genuine principles of the Constitution, as sanctioned by the will of the people, for their general liberty, prosperity and happiness?

2d. Do you conceive that the true interest and prosperity of America, is materially, or at all, dependent upon an alliance with any foreign nation? If you do, please state the causes, and a preference, if any exists, with the reasons for that preference.

3d. Are you in favor of an alliance, offensive and defensive, with Great Britain? In fine, are you disposed to advocate any other, or a closer connection with that nation, than exists at the ratification of the treaty of 1794? If so, please state your reasons.

4th. By what general principles, in your view, have the measures of our Administration and Government, in respect to France, been consistent with true policy or necessity? And could not the consequences have been avoided by a different line of conduct on our part?

5th. Are you an advocate for the Alien and Sedition Bills? Or, in the event of your election, will you use your influence to obtain a appeal of these laws?

A Freeholder

(Columbian Centinel, Boston, Mass., Saturday, October 20, 1798.)

MARSHALL'S ANSWERS TO FREEHOLDER'S QUESTIONS

Richmond, Sept. 20, '98.

Dear Sir:—

I have just received your letter of yesterday, [sic] and shall with equal candor and satisfaction, answer all your queries. Every citizen has a right to know the political sentiments of the man who is proposed as his representative; and mine have never been of a nature to shun examination. To those who think another gentleman more capable of serving the district than myself, it would be useless to explain my opinions because whatever my opinions may be, they will, and ought, to vote for that other; but I cannot help wishing that those who think differently, would know my real principles, and not attribute to me those I never possessed; and with which active calumny has been pleased to asperse me.

Answ. 1. In heart and sentiment, as well as by birth and interest, I am an American, attached to the genuine principles of the constitution, as sanctioned by the will of the people, for their general liberty, prosperity and happiness. I consider that constitution as the rock of our political salvation, which has preserved us from misery, division and civil wars; and which will yet preserve us if we value it rightly and support it firmly.

2. I do not think the interest and prosperity of America, at all dependent on the alliance with any foreign nation; nor does the man exist who would regret more than myself the formation of such an alliance. In truth, America has, in my opinion, no motive for forming such connection, and very powerful motives for avoiding them. Europe is eternally engaged in wars in which we have no interest; and with which the fondest policy forbids us to intermeddle.

We ought to avoid any compact which may endanger our being involved in them. My sentiments on this subject are detailed at large in the beginning of the memorial addressed by the late envoys from the United States to the minister of foreign affairs of the French Republic, where the neutrality of the United States is justified, and the reasons for that neutrality stated.

3rd. I am not in favor of an alliance offensive and defensive with Great Britain nor for closer connection with that nation than already exists. No man in existence is more decidedly opposed to such an alliance, or more fully convinced of the evils that would result from it. I never have, in thought, word, or deed, given the smallest reason to suspect I wished it; nor do I believe any man acquainted with me does suspect it. Those who originate and countenance such an idea, may (if they know me) design to impose on others, but they do not impose on themselves.

The whole of my politics respecting foreign nations are reducible to this single position. We ought to have commercial intercourse with all, but political ties with none. Let us buy cheap and sell as dear as possible. Let commerce go wherever individual, and consequently national interest, will carry it; but let us never connect ourselves politically with any nation whatever.

I have not a right to say, nor can I say positively, what are the opinions of those who administer the Government of the United States; but I believe firmly that neither the President, nor any one of those with whom he advises, would consent to form a close and permanent political connection with any nation upon earth.

Should France continue to wage an unprovoked war against us, while she is also at war with Britain, it would be madness and folly not to endeavor to make such temporary arrangements as would give us the aid of the British fleets to prevent our being invaded; but I would not, even to obtain so obvious a good, make such a sacrifice as I think we should make, by forming a permanent political connection with that, or any other nation on earth.

4th. The measures of the administration and government of the United States with respect to France have in my opinion been uniformly directed by a sincere and unequivocal desire to observe, faithfully, the treaties existing between the two nations and to preserve the neutrality and independence of our country.—Had it been possible to maintain peace with France without sacrificing those great objects, I am convinced that our government would have maintained it.

Unfortunately it has been impossible. I do not believe that any different line of conduct on our part, unless we would have relinquished the rights of self government, and have become the colonies of France, could have preserved peace with that nation.—But be assured that the primary object of France is and for a long time past has been, dominion over others. This is a truth only to be disbelieved by those who shut their eyes on the history and conduct of that nation.

The grand instruments by which they effect this end, to which all their measures tend, are immense armies on their part, and divisions, which a variety of circumstances have enabled them to create, among those whom they wish to subdue. Whenever France has exhibited a disposition to be just toward the United States, an accurate attention to facts now in possession of the public, will prove that this disposition was manifest in the hope of involving us in her wars, as a dependent and subordinate nation.

5th. I am not an advocate for the alien and sedition bills; had I been in Congress when they passed, I should, unless my judgment could have been changed, certainly have opposed them. Yet, I do not think them fraught with all those mischiefs which many gentlemen ascribe to them. I should have opposed them because I think them useless; and because they are calculated to create unnecessary discontents and jealousies at a time when our very existence, as a nation, may depend on our union—

I believe that these laws, had they been opposed on these principles by a man, not suspected of intending to destroy the government, or being hostile to it, would never have been enacted. With respect to their repeal, the effort will be made before I can become a member of Congress.

If it succeeds there will be an end of the business—if it fails, I shall on the question of renewing the effort, should I be chosen to represent the district, obey the voice of my constituents. My own private opinion is, that it will be unwise to renew it for this reason: the laws will expire of themselves, if I recollect rightly the time for which they are enacted, during the term of the ensuing Congress. I shall indisputably oppose their revival; and I believe that opposition will be more successful, if men's minds are not too much irritated by the struggle about a repeal of laws which will, at the time, be expiring of themselves.

J. Marshall.

(From Times and Virginia Advertiser, Alexandria, Va., Oct. 11, 1798.)