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Lot 1141
Marshall, John (1755-1835) Revolutionary War officer; American jurist; 4th Chief Justice of the United States (1801-35). He was the principal founder of the American system of constitutional law, including judicial review; he participated in over 1000 reviews.
Autograph Letter Signed ("J Marshall") as Chief Justice of the U.S., Richmond (Virginia), Aug. 11, 1833, 2½ pp quarto plus integral address leaf. To Major Henry Lee, son of "Light Horse Harry" Lee and brother of Confederate general Robert E. Lee. Henry Lee was a soldier and author of books defending his father's record. Marshall discusses some views and questions pertaining to the five-volume biography, Life of Washington (published in 1805 then revised and a second edition published in the 1820s), as they relate to Major Lee's father, to Thomas Jefferson, The Champe Affair, James Madison, John Jay, etc. The seal tear has been repaired and the letter professionally conserved. Excellent content. In part:
"…I wish very much that your remarks had occurred to me before the book was published. Some alterations would have taken place in it./ The battle of Bunkers hill is not noticed because it occurred before General Washington took command of the army….I regret that Champe's affair is entirely pretermitted. Had I suspected that the effect of this silence could have been such as you suggest, I should have made some allusions to it. But the statement made by General Lee must of itself…refute the malignant remark of Mr. Jefferson….The letters of General Washington which he has published, the desertion and reception of Champe on his return, are facts of public notoriety - with the knowledge of many persons who must have been living when your Fathers memoirs were published. I have not alluded to it because, for all that part of the narrative for which no authority is cited, I profess to rely on the manuscript papers of General Washington. Had his letter to your Father of October 20th 1780, been among the papers placed in my hands, I think it almost impossible that I could have omitted to notice it in the original work….Had I mentioned Champe's affair, when proposing the 2d edition, I must have referred to your Father's memoirs as my authority….But the great object of the second edition was to reduce the compass of the first, and I avoided occasions of enlarging it. You mention some instances of the insertion of fresh matter furnished by Lafayette. The General himself addressed to me a long communication the object of which was believed to be the introduction of the matter it contained…./ I was personally acquainted with General Davie and entertained no doubt of the correctness of his letter respecting Washington's movement at Hobkirks Hill….I will add that it did and does appear to me improbable, considering the smallness of the columns engaged in battle, that the cavalry could have made an impetuous charge on the rear, whose impression would not have been felt in the front. I recollected too, having heard Colonel Carrington say that Washington fell on the rear among the medical staff and captured all the surgeons. / I believe…that Mr. Jefferson, in his letter to Mr. Gerry designed to comprehend me with that gentleman as favoring pacific measures. the injustice is not in supposing that I should be found in favor of them, but that General Pinckney would be opposed to them…./ I cannot comprehend the paragraph to which you refer in the letter from Mr. Jefferson to Mr. Madison of the 28th of Dec. [17]94. I could not doubt that he alludes to a letter addressed by Mr. Jay to Mr. Madison had you not informed me that no such letter exists….It may be that Mr. Jays letter was inclosed in one from the secretary of state to Mr. Madison, who is requested by Mr. Jefferson to answer Mr. Randolph's letter, not Mr. Jay's…."
Estimated Value $4,000 - 6,000.
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