Lawyers and Lawmakers of Kentucky, by H. Levin, editor, 1897. Published by Lewis Publishing Company, Chicago. Reprinted by Southern Historical Press. p. 171. Woodford County. HUMPHREY MARSHALL. At the time Kentucky sought separation from the Old Dominion and endeavored to gain recognition from the United States government as a free and independent state, this gentleman was a leading factor in the movement, and from that day down to the present time the name of Humphrey Marshall, as borne by father, grandson and great-grandson, has seldom been absent from the annals that record the progress and development of this commonwealth. Humphrey Marshall, whose name introduces this review, was born in Westmoreland county, Virginia, in 1756, a son of John and Jane (Quisenberry) Marshall. His father was born in 1732 and died in 1805. The ancestry is traced back to Captain John M. Marshall, of Ireland, who after the deposing of Charles I came to America, about 1650, and settled in Jamestown, Virginia, when he went to Westmoreland county. There was born his son, Thomas Marshall, who died in that county in 1704. His second son was known as John Marshall of the Forest, who married Elizabeth Markham, and from their two sons, John and Thomas, are descended the various members who have made the name famous in connection with the legal profession, the former being the father of Humphrey Marshall. Humphrey Marshall obtained a good education, studied law and soon gained a conspicuous place among the public men of Virginia. When the colonies attempted to throw off all allegiance to the British crown he became a captain in the American army. In 1780 he removed to Kentucky and married his cousin, Mary Marshall, daughter of Colonel Thomas and Mary R. (Keith) Marshall. The former, of Revolutionary fame, was born in 1730 and died in 1802; the latter, born in 1737, died in 1809. Mary Marshall was a sister of Chief Justice John marshall, of the United States supreme court. Humphrey Marshall and his wife had three children, but the daughter died in infancy. The two sons will be mentioned later on in this connection. From the time that Humphrey Marshall established a home within the borders of the state he figured most prominently in its public affairs. WHile Kentucky was still a part of the Old Dominion he was a member of the Virginia convention which ratified the present constitution of the United States, and to him was greatly due the conversion of a large majority that at first opposed its adoption. His identification with the material as well as the political history of Kentucky is shown by the fact that in 1783 he purchased a town lot in Lexington. This was just two years after the adoption of the town plan by the trustees. An old file of the Kentucky Gazette, published in Lexington at the close of the eighteenth century and now in the Lexington library, shows that he was a member of the "Kentucky society for promoting useful knowledge." In 1787 he was a delegate from Fayette county to the Danville convention, where was considered the question of separation from Virginia and also that of an alliance with Spain. Subsequently he removed to Woodford county and was its representative in the general assembly in 1793, during which session he opposed the plan for the enlistments of troops in this state under General George Rogers Clark to attack the Spanish settlements at the mouth of the Mississippi river. The published communications which led to the legislative investigation into the conduct of Judge Benjamin Sebastian and established the fact that for years he had been the paid pensioner of Spain, and compelled his resignation from the bench of the court of appeals, were mainly from the pen of Humphrey Marshall. He was next elected to the United States senate as a Federalist over the popular and talented John Breckenridge, the Republican candidate, serving from December, 1795, to March 3, 1801, during which time he voted for the conditional ratification of the treaty that had been negotiated with Great Britain and opposing alliance with any foreign power. This was greatly against the wishes of many of his constituency, who bitterly denounced him, but it showed forth the true character of the man in his able defense of what he believed to be right. In 1806 he took an active part in denouncing and thwarting the plots of Aaron Burr and his coadjutors. He served again in the legislature in 1807, 1808, 1809 and 1823, and in 1810 was a candidate but was defeated by George Adams. A dispute in which he was engaged with Henry Clay in the legislature resulted in a duel, January 19, 1809, in which Mr. Clay was wounded. Mr. Marshall was also the author of the first published history of Kentucky. It was printed in Frankfort and first appeared in 1812, after which time another volume was published. Mr. Marshall was an unrelenting a foe as he was a stanch friend, and the prejudice and partisan spirit which so largely characterized the time was shown forth in his first volume; but when the second volume appeared in 1824 he had largely revised the first, and the events which formed the history of the state and nation were set forth with much less partiality and prejudice than was at first shown. Written by a participant in the public affairs of the state, it is a valuable record of that early period, and in later years has come to be much appreciated. In 1863 the library committee of the Kentucky legislature reported that of the early works of the Kentucky historians no copies were to be found in the library, and urged upon the assembly the necessity of procuring those volumes, "many of which will be more enduring than any monument." Mr. Marshall was one of those strong, courageous spirits that triumph over all obstacles. It is such men that have laid the foundation for the American republic. He was a man of brilliant talents, a statesman of great moral strength, fearless in defense of the right. He took a very active part in shaping the policy of Kentucky in that formulative period when the state was carving a place for itself that largely foreshadowed its future brilliant destiny. He died near Frankfort, Kentucky, July 1, 1841. Marshall Quisenberry Markham Keith = Fayette-KY Westmoreland-VA Ireland http://www.rootsweb.com/~kygenweb/kybiog/woodford/marshall.h.txt