Thomas Jefferson Papers

Thomas Jefferson to William Marshall, 7 February 1816

To William Marshall

Monticello Feb. 7. 16.


Mr Higgenbotham presented me on your part 2 tickets in the suit of Livingston v. myself for 13.91 D for which I inclose you an order on mr Gibson. I shall be glad to recieve from you a copy of the decree, and if costs were allowed me (as I believe they were) process for their recovery against whomsoever was made responsible for them. you will percieve that provision is made in the inclosed order for the charges for these articles also. accept the assurance of my respect.

Th: Jefferson

PoC (MHi); on verso of a reused address cover from Jerman Baker to TJ, 7 Jan. 1816; at foot of text: “Mr Wm Marshall”; endorsed by TJ.

The 2 tickets were bills for costs in the suit of Livingston v. Jefferson, to be paid to Marshall in his capacity as clerk of the United States Circuit Court for the Virginia District. The first ticket included a charge of forty-eight cents from May 1810 for “Atto: ads [attorney at the suit of] Livingston 24. order for secy. [security] for costs 24,” along with a $6.72 charge from June 1810 for “2 Copies of declaration ads Livingston” and another from December 1810 of $1.18 for “filing plea 47. order 24 filing secy: for costs 47,” for a total of $8.38 (MS in DLC: TJ Papers, 190:33811; in an unidentified hand; undated; docketed on verso: “Mr Jefferson $8.38 Cts” and “albemarle”; with TJ’s calculation on verso that he owed a total of $13.91). The second ticket consisted of charges from January 1811 of $1.88 for “filing 4 additional pleas ads Livingston,” forty-seven cents for “filing demurrer to his repl [replication] to plea of Jurisdiction,” and $2.35 for “filing 5 demurrers to 5 Counts in declaration.” A final charge of eighty-three cents from November 1811 covered “Judgment & Copy ads Livingston 48. filing papers 35,” bringing the total for the ticket to $5.53 (MS in DLC: TJ Papers, 192:34149; in an unidentified hand; undated; docketed on verso: “$5:53 Costs” and “albemarle”; with TJ’s notations on verso again calculating that he owed a total of $13.91 and indicating that this sum was “pd by ord. of Feb. 7. 16 on Gibson & Jefferson”).

The enclosed order on mr gibson for Marshall, not found, is recorded by TJ at 6 Feb. 1816: “13.91 for 2 tickets in Livingston’s suit + his charge for a copy of the decree & exn.” (MB description begins James A. Bear Jr. and Lucia C. Stanton, eds., Jefferson’s Memorandum Books: Accounts, with Legal Records and Miscellany, 1767–1826, 1997, The Papers of Thomas Jefferson, Second Series description ends , 2:1319).

When the United States Circuit Court decided the case of Livingston v. Jefferson on 5 Dec. 1811, costs were allowed to TJ, with John Wickham serving as security. For a different charge of defendant’s costs, see Decision of United States Circuit Court in Livingston v. Jefferson, 5 Dec. 1811, one of a group of documents on the dismissal of Livingston v. Jefferson; and TJ to Marshall, 13 July 1812.

Index Entries

  • Gibson, Patrick; payments made for TJ search
  • Higginbotham, David; presents bill to TJ search
  • Livingston v. Jefferson; U.S. Circuit Court dismisses search
  • Marshall, William; circuit court clerk search
  • Marshall, William; letters to search
  • United States Circuit Court, Virginia District; decision inLivingston v. Jefferson search
  • Wickham, John; andLivingston v. Jefferson search