From Isaac Shelby to John Adams, 23 December 1795
From Isaac Shelby
State of Kentucky Decr. 23rd. 1795.
Sir,
A Resolution of the Legislature of this State, passed on the 21 Inst. directs, “that the Governor shall transmit to the Senate of the United States, a Memorial Respecting Humphrey Marshall, a Senator from this State, in the Congress of the United States.” I now have the honor of complying with that Resolution by inclosing the said Memorial, together with those Numbers of the Kentucky Gazette which contain the publications therein alluded to, and of requesting that they may be laid before the Senate for their consideration.1
With every sentiment of respect and esteem I have the Honor to be, / Sir, / Your Most Obedient, / Humble Servant,
Isaac Shelby.
RC and enclosure (DNA:RG 46, Records of the U.S. Senate); internal address: “The Speaker President of the / Senate of the United States”; docketed: “Legis: 1st. Sess: 4th. Cong: / Comminication / to the Vice President / from the Governor of / Kentucky relative / to Humphrey Marshall / Feby 26th. / 1796.”; notation: “March 11th. 1796 Read:”
1. Surveyor Isaac Shelby (1750–1826), originally of Hagerstown, Md., was governor of Kentucky from 1792 to 1796 and again from 1812 to 1816. Lawyer Humphrey Marshall (1760–1841), originally of Fauquier County, Va., represented Kentucky in the Senate from 1795 to 1801. Shelby enclosed a memorial from Kentucky legislators informing U.S. senators that a pamphlet published after Marshall was elected alleged he was guilty of fraud and perjury in a suit James Wilkinson brought against him. Noting that politicians “should be Men of unshaken Virtue & Integrity,” the legislature asked the Senate to investigate and if it found Marshall guilty, to expel him.
JA laid the memorial before the Senate on 26 Feb. 1796, and a committee was formed. Samuel Livermore of New Hampshire reported on 11 March that the suit was eighteen months before Marshall’s election to the Senate, that there were mutual accusations between Marshall and the judges of the court, that the Kentucky legislature had provided no documents to prove the accusations against Marshall, and that although Marshall was willing to be tried by the Senate, the committee did not think the Senate had jurisdiction; therefore, the committee recommended that the Senate dismiss the memorial. On 19 March the Senate voted to postpone any decision until after a Kentucky state trial could be held, requesting that JA relay its decision to Shelby (10:347; , Miscellaneous, 1:141, 144; , 4th Cong., 1st sess., p. 225).
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