Early Political Career
A 1788 letter in the Kentucky Gazette indicated that Marshall had previously unsuccessfully sought election to the Virginia General Assembly, although the year of the contest is not given. The letter continued that the defeat convinced Marshall that he could not win elected office in Fayette County and that he subsequently lobbied for the creation of Bourbon County, hoping that he might gain an office in that new county. When the county was created in 1785, he immediately applied to become the county lieutenant, but that office had apparently already been promised to someone else. Marshall then applied for appointment as deputy lieutenant, and received the appointment.
Although it is not known when Marshall began studying law, nor who his tutor was, he was nonetheless practicing as early as 1785. In that year, he discovered a flaw in the original 1774 survey of the town of Frankfort. Due to the flaw, several choice acres of land in the northern part of Frankfort remained unclaimed, and Marshall quickly entered claims for them at the land office. Marshall also gained membership in the Kentucky Society for Promoting Useful Knowledge, a Danville-based society dedicated to disseminating information to farmers, mechanics, and other common citizens. He apparently was not accepted for membership in the Danville Political Club, although some sources report that he was accepted as a member after initially being rejected.
Around 1786, Marshall gained public attention by expressing his suspicions about James Wilkinson's negotiations with Spain for free use of the Mississippi River and the possibility of Kentucky's secession from the United States. For the remainder of his life, he vigorously opposed Wilkinson and anyone else he suspected of being involved with the Spanish Conspiracy.
Marshall was a delegate to a 1787 convention in Danville to consider separating Kentucky from Virginia. There were, at that time, two primary positions with regard to the question of separation. The first favored an immediate separation with or without Virginia's consent, while the other favored waiting for legal approval from Virginia and the U.S. Congress. Marshall was among the latter group, and his uncle Thomas was the primary spokesman for this position. Biographer Anderson Chenault Quisenberry notes "As to Humphrey Marshall's prominence in the Danville convention, or as to what notable part he acted there, nothing is said by the historians."
In 1788, Marshall announced his candidacy to be a delegate to the Virginia Ratifying Convention. The proposed constitution was very unpopular in all parts of Kentucky except Jefferson County, but Marshall openly favored its ratification. Hoping to wreck Marshall's candidacy, a man named Jordan Harris charged that Marshall had, in a letter to John Crittenden, Sr., acknowledged himself to be a liar. In the pages of the Kentucky Gazette, Marshall called on Harris to publish the letter. Harris was so insulted by Marshall's demand that he threatened to cane him, and on their next meeting, assaulted him by firing two pistols at him. Neither shot injured Marshall, who retaliated by beating Harris with a stick severely enough to force his retreat from the encounter.
Despite his favorable position toward the proposed federal constitution, Marshall was chosen as a delegate to the convention from Fayette County. On June 25, 1788, he joined Jefferson County delegates Robert Breckinridge and Rice Bullock in voting for ratification. Ten other Kentucky delegates opposed ratification and one abstained. The final convention vote was 89–79 in favor of ratification. It was reported that even the Jefferson County delegates were beginning to waver in their commitment to the proposed constitution, but that Marshall steeled their resolve and also influenced several delegates from other parts of Virginia to favor it.
Marshall was again elected to a separation convention in 1789. After Kentucky's separation from Virginia in 1792, he was elected to represent Woodford County in the Kentucky House of Representatives. The most notable piece of legislation he authored was an act that simplified the classification and taxation of land. He was reelected to his position in 1794. He opposed allocating men or supplies for George Rogers Clark's proposed attack upon the Spanish at New Orleans. The attack was motivated by Edmond-Charles Genêt, and Marshall accused sitting governor Isaac Shelby of complicity in the matter.
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