Books and Manuscripts

Chief Justice John Marshall Grants His Son Power of Attorney

Washington, (D.C.), Jan(ua)ry 13, 1834. One sheet folded to make four pages, 10 x 8 in. (254 x 203 mm). One-page autograph letter, signed by Chief Justice of the Supreme Court, John Marshall, to his son, James K. Marshall, granting him power of attorney to deal with trespassers on his father's land in Virginia: "I received your letter respecting the trespasser on the mountain the day before I left Richmond. You require no authority in writing from me to proceed in my name against them. If I do not disavow your act no person can inquire into it. As it will be performed in my name it must be considered as if done by myself. But to remove your scruples I hereby constitute you James K. Marshall my attorney in fact with full power for me and in my name to institute actions of trespass or any other action or actions against any person or persons who shall enter upon any lands to which I have a legal title or do any injury whatever thereto, and to take all such steps or proceedings respecting the said lands as I might myself take were I present.” Integral address leaf in Marshall's hand, docketing to same. Creasing from contemporary folds.

On the opening day of the 1834 term of the Supreme Court of the United States, Chief Justice John Marshall writes to his son with legal advice and grants him power of attorney. During the Court's term, which lasted from January through March, Marshall stayed in Washington, D.C., and while there, entrusted the management of his vast land holdings in his native Virginia to his son, James K. Marshall. As this letter indicates, squatters or other unauthorized people had begun to trespass on his land and his son, who wished to take legal action against them, sought authority from his father to proceed. Although the elder Marshall gives his son his blessing to proceed, to alleviate his son's concern over the legality of the matter, he provides him with this written declaration to act on his behalf.

A rare legal document, signed by the fourth and longest-serving Chief Justice during his second-to-last term at the helm of the Court. Marshall letters with legal content, especially those granting power of attorney, are rare.