CHAPTER I

THE LIFE OF JOHN MARSHALL

Standard Library Edition

IN FOUR VOLUMES

VOLUME I

[Illustration: JOHN MARSHALL AT 43

From a miniature painted in Paris]

THE LIFE

OF

JOHN MARSHALL

BY

ALBERT J. BEVERIDGE

VOLUME I

FRONTIERSMAN, SOLDIER

LAWMAKER

1755-1788

[Illustration]

BOSTON AND NEW YORK

HOUGHTON MIFFLIN COMPANY

The Riverside Press Cambridge

COPYRIGHT, 1916, BY ALBERT J. BEVERIDGE

COPYRIGHT, 1919, BY HOUGHTON MIFFLIN COMPANY

ALL RIGHTS RESERVED

PREFACE

The work of John Marshall has been of supreme importance in the

development of the American Nation, and its influence grows as time

passes. Less is known of Marshall, however, than of any of the great

Americans. Indeed, so little has been written of his personal life, and

such exalted, if vague, encomium has been paid him, that, even to the

legal profession, he has become a kind of mythical being, endowed with

virtues and wisdom not of this earth.

He appears to us as a gigantic figure looming, indistinctly, out of the

mists of the past, impressive yet lacking vitality, and seemingly

without any of those qualities that make historic personages

intelligible to a living world of living men. Yet no man in our history

was more intensely human than John Marshall and few had careers so full

of movement and color. His personal life, his characteristics and the

incidents that drew them out, have here been set forth so that we may

behold the man as he appeared to those among whom he lived and worked.

It is, of course, Marshall's public work with which we are chiefly

concerned. His services as Chief Justice have been so lauded that what

he did before he ascended the Supreme Bench has been almost entirely

forgotten. His greatest opinions, however, cannot be fully understood

without considering his previous life and experience. An account of

Marshall the frontiersman, soldier, legislator, lawyer, politician,

diplomat, and statesman, and of the conditions he faced in each of these

capacities, is essential to a comprehension of Marshall the constructive

jurist and of the problems he solved.

In order to make clear the significance of Marshall's public activities,

those episodes in American history into which his life was woven have

been briefly stated. Although to the historian these are twice-told

tales, many of them are not fresh in the minds of the reading public. To

say that Marshall took this or that position with reference to the

events and questions of his time, without some explanation of them,

means little to any one except to the historical scholar.

In the development of his career there must be some clear understanding

of the impression made upon him by the actions and opinions of other

men, and these, accordingly, have been considered. The influence of his

father and of Washington upon John Marshall was profound and

determinative, while his life finally became so interlaced with that of

Jefferson that a faithful account of the one requires a careful

examination of the other.

Vitally important in their effect upon the conduct and attitude of

Marshall and of the leading characters of his time were the state of the

country, the condition of the people, and the tendency of popular

thought. Some reconstruction of the period has, therefore, been

attempted. Without a background, the picture and the figures in it lose

much of their significance.

The present volumes narrate the life of John Marshall before his epochal

labors as Chief Justice began. While this was the period during which

events prepared him for his work on the bench, it was also a distinctive

phase of his career and, in itself, as important as it was picturesque.

It is my purpose to write the final part as soon as the nature of the

task permits.

For reading one draft of the manuscript of these volumes I am indebted

to Professor Edward Channing, of Harvard University; Dr. J. Franklin

Jameson, of the Carnegie Foundation for Historical Research; Professor

William E. Dodd, of Chicago University; Professor James A. Woodburn, of

Indiana University; Professor Charles A. Beard, of Columbia University;

Professor Charles H. Ambler, of Randolph-Macon College; Professor

Clarence W. Alvord, of the University of Illinois; Professor D. R.

Anderson, of Richmond College; Dr. H. J. Eckenrode, of Richmond College;

Dr. Archibald C. Coolidge, Director of the Harvard University Library;

Mr. Worthington C. Ford, of the Massachusetts Historical Society; and

Mr. Lindsay Swift, Editor of the Boston Public Library. Dr. William G.

Stanard, of the Virginia Historical Society, has read the chapters which

touch upon the colonial period. I have availed myself of the many

helpful suggestions made by these gentlemen and I gratefully acknowledge

my obligations to them.

Mr. Swift and Dr. Eckenrode, in addition to reading early drafts of the

manuscript, have read the last draft with particular care and I have

utilized their criticisms. The proof has been read by Mr. Swift and the

comment of this finished critic has been especially valuable.

I am indebted in the highest possible degree to Mr. Worthington C. Ford,

of the Massachusetts Historical Society, who has generously aided me

with his profound and extensive knowledge of manuscript sources and of

the history of the times of which this work treats. His sympathetic

interest and whole-hearted helpfulness have not only assisted me, but

encouraged and sustained me in the prosecution of my labors.

In making these acknowledgments, I do not in the least shift to other

shoulders the responsibility for anything in these volumes. That burden

is mine alone.

I extend my thanks to Mr. A. P. C. Griffin, Assistant Librarian, and Mr.

Gaillard Hunt, Chief of the Manuscripts Division, of the Library of

Congress, who have been unsparing in their efforts to assist me with all

the resources of that great library. The officers and their assistants

of the Virginia State Library, the Boston Public Library, the Library of

Harvard University, the Manuscripts Division of the New York Public

Library, the Massachusetts Historical Society, the Pennsylvania

Historical Society, and the Virginia Historical Society have been most

gracious in affording me all the sources at their command.

I desire to express my appreciation for original material furnished me

by several of the descendants and collateral relatives of John Marshall.

Miss Emily Harvie, of Richmond, Virginia, placed at my disposal many

letters of Marshall to his wife. For the use of the book in which

Marshall kept his accounts and wrote notes of law lectures, I am

indebted to Mrs. John K. Mason, of Richmond. A large number of original

and unpublished letters of Marshall were furnished me by Mr. James M.

Marshall, of Front Royal, Virginia, Mr. Robert Y. Conrad, of Winchester,

Virginia; Mrs. Alexander H. Sands, of Richmond, Virginia; Miss Sallie

Marshall, of Leeds, Virginia; Mrs. Claudia Jones, and Mrs. Fannie G.

Campbell of Washington, D.C.; Judge J. K. M. Norton, of Alexandria,

Virginia; Mr. A. Moore, Jr., of Berryville, Virginia; Dr. Samuel Eliot

Morison, of Boston, Massachusetts, and Professor Charles William Dabney,

of Cincinnati, Ohio. Complete copies of the highly valuable

correspondence of Mrs. Edward Carrington were supplied by Mr. John B.

Minor, of Richmond, Virginia, and by Mr. Carter H. FitzHugh, of Lake

Forest, Illinois. Without the material thus generously opened to me,

this narrative of Marshall's life would have been more incomplete than

it is and many statements in it would, necessarily, have been based on

unsupported tradition.

Among the many who have aided me, Judge James Keith, of Richmond,

Virginia, until recently President of the Court of Appeals of Virginia;

Judge J. K. M. Norton and the late Miss Nannie Burwell Norton of

Alexandria, Virginia; Mr. William Marshall Bullitt, of Louisville,

Kentucky; Mr. Thomas Marshall Smith, of Baltimore, Maryland; Mr. and

Mrs. Alexander H. Sands; Mr. W. P. Taylor and Dr. H. Norton Mason, of

Richmond, Virginia; Mr. Lucien Keith, Mr. William Horgan, and Mr.

William C. Marshall, of Warrenton, Virginia; Judge Henry H. Downing and

Mr. Aubrey G. Weaver, of Front Royal, Virginia, have rendered notable

assistance in the gathering of data.

I am under particular obligations to Miss Emily Harvie for the use of

the striking miniature of Marshall, the reproduction of which appears as

the frontispiece to the first volume; to Mr. Roland Gray, of Boston, for

the right to reproduce the portrait by Jarvis as the frontispiece of the

second volume; to Mr. Douglas H. Thomas of Baltimore, Maryland, for

photographs of the portraits of William Randolph, Mary Isham, and Mary

Randolph Keith; and to Mr. Charles Edward Marshall, of Glen Mary,

Kentucky, for permission to photograph the portrait of Colonel Thomas

Marshall.

The large number of citations has made abbreviations necessary. At the

end of each volume will be found a careful explanation of references,

giving the full title of the work cited, together with the name of the

author or editor, and a designation of the edition used.

The index has been made by Mr. David Maydole Matteson, of Cambridge,

Massachusetts, and his careful work has added to whatever of value these

volumes possess.

ALBERT J. BEVERIDGE

CONTENTS

I. ANCESTRY AND ENVIRONMENT 1

The defeat of Braddock--Influence on American opinion--

Washington's heroism--Effect on Marshall's parents--

Marshall's birth--American solidarity the first lesson

taught him--Marshall's ancestry--Curious similarity to

that of Jefferson, to whom he was related--The paternal

line: the "Marshall legend"--Maternal line: the Randolphs,

the Ishams, and the Keiths--Character of Marshall's

parents--Colonial Virginia society--Shiftless agriculture

and abundant land--Influence of slavery--Jefferson's

analysis--Drinking heavy and universal--Education of the

gentry and of the common people--The social divisions--

Causes of the aristocratic tone of Virginia society--

The backwoodsmen--Their character--Superiority of an

occasional frontier family--The Marshalls of this class--

The illustrious men produced by Virginia just before the

Revolution.

II. A FRONTIER EDUCATION 33

Marshall's wilderness birthplace--His father removes to

the Blue Ridge--The little house in "The Hollow"--Neighbors

few and distant--Daily life of the frontier family--

Marshall's delight in nature--Effect on his physical and

mental development--His admiration for his father--The

father's influence over and training of his son--Books:

Pope's Poems--Marshall commits to memory at the age of

twelve many passages--The "Essay on Man"--Marshall's father

an assistant of Washington in surveying the Fairfax grant--

Story of Lord Fairfax--His influence on Washington and on

Marshall's father--Effect on Marshall--His father elected

Burgess from Fauquier County--Vestryman, Sheriff, and

leading man of his county--He buys the land in "The

Hollow"--John Thompson, deacon, teaches Marshall for a

year--His father buys more land and removes to Oak Hill--

Subscribes to the first American edition of Blackstone--

Military training interferes with Marshall's reading of

Blackstone--He is sent to Campbell's Academy for a few

months--Marshall's father as Burgess supports Patrick

Henry, who defeats the tidewater aristocracy in the Robinson

loan-office contest--Henry offers his resolutions on the

Stamp Act: "If this be treason, make the most of it"--

Marshall's father votes with Henry--1775 and Henry's

"Resolutions for Arming and Defense"--His famous speech:

"Give me liberty or give me death"--Marshall's father again

supports Henry--Marshall learns from his father of these

great events--Father and son ready to take the field against

the British.

III. A SOLDIER OF THE REVOLUTION 69

The "Minute Men" of Virginia--Lieutenant John Marshall

drills his company and makes a war speech--His appearance

in his nineteenth year--Uniforms of the frontier--The

sanguinary fight at Great Bridge--Norfolk--The Marshalls

in the Continental service, the father as major, the son as

lieutenant--Condition of the army--Confusion of authority--

Unreliability of militia "who are here to-day and gone

to-morrow"--Fatal effect of State control--Inefficiency

and powerlessness of Congress--Destitution of the troops:

"our sick naked and well naked"--Officers resign, privates

desert--The harsh discipline required: men whipped, hanged,

and shot--Impression on Marshall--He is promoted to

be captain-lieutenant--The march through disaffected

Philadelphia--Marshall one of picked men forming the

light infantry--Iron Hill--The battle of the Brandywine--

Marshall's father and his Virginians prevent entire

disaster--Marshall's part in the battle--The retreat--

The weather saves the Americans--Marshall one of rear guard

under Wayne--The army recovers and tries to stop the British

advance--Confused by false reports of the country people who

are against the patriots "almost to a man"--Philadelphia

falls--The battle of Germantown--Marshall at the bloodiest

point of the fight--The retreat of the beaten Americans--

Unreasonable demands of "public opinion"--Further decline

of American fortunes--Duché's letter to Washington:

"How fruitless the expense of blood"--Washington faces the

British--The impending battle--Marshall's vivid description--

The British withdraw.

IV. VALLEY FORGE AND AFTER 108

The bitter winter of 1777--The British in Philadelphia:

abundance of provisions, warm and comfortable quarters,

social gayeties, revels of officers and men--The Americans

at Valley Forge, "the most celebrated encampment in the

world's history": starvation and nakedness--Surgeon Waldo's

diary of "camp-life": "I'll live like a Chameleon upon

Air"--Waldo's description of soldiers' appearance--Terrible

mortality from sickness--The filthy "hospitals"--Moravians

at Bethlehem--The Good Samaritans to the patriots--Marshall's

cheerfulness: "the best tempered man I ever knew"--His pranks

and jokes--Visitors to the camp remark his superior

intelligence--Settles disputes of his comrades--Hard

discipline at Valley Forge: a woman given a hundred lashes--

Washington alone holds army together--Jealousy of and

shameful attacks upon him--The "Conway Cabal"--His dignity in

the face of slander--His indignant letter to Congress--Faith

of the soldiers in Washington--The absurd popular demand that

he attack Philadelphia--The amazing inferiority of Congress--

Ablest men refuse to attend--Washington's pathetic letter on

the subject: "Send your ablest men to Congress; Where is

Jefferson"--Talk of the soldiers at Valley Forge--Jefferson

in the Virginia Legislature--Comparison of Marshall and

Jefferson at this period--Marshall appointed Deputy Judge

Advocate of the army--Burnaby's appeal to Washington to stop

the war: efforts at reconciliation--Washington's account of

the sufferings of the army--The spring of 1778--Sports in

camp--Marshall the best athlete in his regiment: "Silver

Heels" Marshall--The Alliance with the King of France--

Rejoicing of the Americans at Valley Forge--Washington has

misgivings--The services of Baron von Steuben--Lord Howe's

departure--The "Mischianza"--The British evacuate

Philadelphia--The Americans quick in pursuit--The battle of

Monmouth--Marshall in the thick of the fight--His fairness to

Lee--Promoted to be captain--One of select light infantry

under Wayne, assigned to take Stony Point--The assault of

that stronghold--Marshall in the reserve command--One of the

picked men under "Light Horse Harry" Lee--The brilliant dash

upon Powles Hook--Term of enlistment of Marshall's regiment

expires and he is left without a command--Returns to Virginia

while waiting for new troops to be raised--Arnold invades

Virginia--Jefferson is Governor; he fails to prepare--Marshall

one of party to attack the British--Effect of Jefferson's

conduct on Marshall and the people--Comment of Virginia

women--Inquiry in Legislature as to Jefferson's conduct--

Effect of Marshall's army experience on his thinking--The

roots of his great Nationalist opinions run back to Valley

Forge.

V. MARRIAGE AND LAW BEGINNINGS 148

Marshall's romance--Visits his father who is commanding

at Yorktown--Mythical story of his father's capture at

Charleston--The Ambler family--Rebecca Burwell, Jefferson's

early love--Attractiveness of the Amblers--The "ball" at

Yorktown--High expectations of the young women concerning

Marshall--Their disappointment at his uncouth appearance and

rustic manners--He meets Mary Ambler--Mutual love at first

sight--Her sister's description of the ball and of Marshall--

The courtship--Marshall goes to William and Mary College for

a few weeks--Description of the college--Marshall elected to

the Phi Beta Kappa Society--Attends the law lectures of

Mr. Wythe--The Ambler daughters pass though Williamsburg--

The "ball" at "The Palace"--Eliza Ambler's account:

"Marshall was devoted to my sister"--Marshall leaves college

and follows Mary Ambler to Richmond--Secures license to

practice law--Resigns his command--Walks to Philadelphia to

be inoculated against smallpox--Tavern-keeper refuses to

take him in because of his appearance--Returns to Virginia

and resumes his courtship of Mary Ambler--Marshall's account

of his love-making--His sister-in-law's description of

Marshall's suit--Marshall's father goes to Kentucky and

returns--Marshall elected to the Legislature from Fauquier

County--He marries Mary Ambler: "but one solitary guinea

left"--Financial condition of Marshall's father at this

time--Lack of ready money everywhere--Marshall's account--

He sets up housekeeping in Richmond--Description of Richmond

at that time--Brilliant bar of the town--"Marshall's slender

legal equipment"--The notes he made of Mr. Wythe's lectures--

His Account Book--Examples of his earnings and expenditures

from 1783 until 1787--Life of the period--His jolly letter to

Monroe--His books--Elected City Recorder--Marshall's first

notable case: Hite vs. Fairfax--His first recorded argument--

His wife becomes an invalid--His tender care of her--Mrs.

Carrington's account: Marshall "always and under every

circumstance, an enthusiast in love."

VI. IN THE LEGISLATURE AND COUNCIL OF STATE 200

In the House of Delegates--The building where the Legislature

met--Costumes and manners of the members---Marshall's

popularity and his father's influence secure his election--

He is appointed on important committees--His first vote--

examples of legislative business--Poor quality of the

Legislature: Madison's disgust, Washington's opinion--

Marshall's description and remarkable error--He is elected

member of Council of State--Pendleton criticizes the

elevation of Marshall--Work as member of Council--Resigns

from Council because of criticism of judges--Seeks and

secures reëlection to Legislature from Fauquier County--

Inaccuracy of accepted account of these incidents--Marshall's

letter to Monroe stating the facts--Becomes champion of needy

Revolutionary soldiers--Leads fight for relief of Thomas

Paine--Examples of temper of the Legislature--Marshall favors

new Constitution for Virginia--The "Potowmack Company"--Bills

concerning courts--Reform of the High Court of Chancery--

The religious controversy--State of religion in Virginia--

Marshall's languid interest in the subject--Great question

of the British debts--Long-continued fight over payment or

confiscation--Marshall steadily votes and works for payment

of the debts--Effect of this contest on his economic and

political views--His letter to Monroe--Instability of

Legislature: a majority of thirty-three changed in two weeks

to an adverse majority of forty-nine--No National Government--

Resolution against allowing Congress to lay any tax whatever:

"May prove destructive of rights and liberties of the

people"--The debts of the Confederation--Madison's extradition

bill--Contempt of the pioneers for treaties--Settlers' unjust

and brutal treatment of the Indians--Struggle over Madison's

bill--Patrick Henry saves it--Marshall supports it--Henry's

bill for amalgamation of Indians and whites--Marshall regrets

its defeat--Anti-National sentiment of the people--Steady

change in Marshall's ideas--Mercantile and financial interests

secure the Constitution--Shall Virginia call a Convention to

ratify it?--Marshall harmonizes differences and Convention is

called--He is in the first clash over Nationalism.

VII. LIFE OF THE PEOPLE: COMMUNITY ISOLATION 250

The state of the country--A résumé of conditions--Revolutionary

leaders begin to doubt the people--Causes of this doubt--

Isolation of communities--Highways and roads--Difficulty and

danger of travel--The road from Philadelphia to Boston: between

Boston and New York--Roads in interior of New England, New York,

Philadelphia, and New Jersey--Jefferson's account of roads from

Richmond to New York--Traveler lost in the "very thick woods" on

way from Alexandria to Mount Vernon to visit Washington--Travel

and transportation in Virginia--Ruinous effect on commerce--

Chastellux lost on journey to Monticello to visit Jefferson--

Talleyrand's description of country--Slowness of mails--Three

weeks or a month and sometimes two months required between

Virginia and New York--Mail several months in reaching interior

towns--News that Massachusetts had ratified the Constitution

eight days in reaching New York--Ocean mail service--letters

opened by postmasters or carriers--Scarcity of newspapers--

Their untrustworthiness--Their violent abuse of public men--

Franklin's denunciation of the press: he advises "the liberty

of the cudgel" to restrain "the liberty of the press"--

Jefferson's disgust--The country newspaper: Freneau's "The

Country Printer"--The scantiness of education--Teachers and

schools--The backwoodsmen--The source of abnormal American

individualism--The successive waves of settlers--Their

ignorance, improvidence, and lack of social ideals--Habits and

characteristics of Virginians--Jefferson's harsh description

of them--Food of the people--Their houses--Continuous drinking

of brandy, rum, and whiskey--This common to whole country--

Lack of community consciousness--Abhorrence of any National

Government.

VIII. POPULAR ANTAGONISM TO GOVERNMENT 288

Thomas Paine's "Common Sense"--Its tremendous influence:

"Government, even in its best state, is but a necessary

evil"--Popular antagonism to the very idea of government--

Impossibility of correcting falsehoods told to the people--

Popular credulity--The local demagogue--North Carolina

preacher's idea of the Constitution--Grotesque campaign story

about Washington and Adams--Persistence of political canard

against Levin Powell--Amazing statements about the Society of

the Cincinnati: Ædanus Burke's pamphlet; Mirabeau's pamphlet;

Jefferson's denunciation--Marshall and his father members of

the Cincinnati--Effect upon him of the extravagant abuse of

this patriotic order--Popular desire for general division of

property and repudiation of debts--Madison's bitter comment--

Jay on popular greed and "impatience of government"--Paper

money--Popular idea of money--Shays's Rebellion--Marshall's

analysis of its objects--Knox's report of it--Madison comes

to the conclusion that "the bulk of mankind" are incapable

of dealing with weighty subjects--Washington in despair--He

declares mankind unfit for their own government--Marshall

also fears that "man is incapable of governing himself"--

Jefferson in Paris--Effect on his mind of conditions in

France--His description of the French people--Jefferson

applauds Shays's Rebellion: "The tree of liberty must be

refreshed by the blood of patriots and tyrants"--Influence

of French philosophy on Jefferson--The impotence of Congress

under the Confederation--Dishonorable conduct of the States--

Leading men ascribe evil conditions to the people themselves--

Views of Washington, Jay, and Madison--State Sovereignty the

shield of turmoil and baseness--Efforts of commercial and

financial interests produce the Constitution--Madison wants

a National Government with power of veto on all State laws

"whatsoever"--Jefferson thinks the Articles of Confederation

"a wonderfully perfect instrument"--He opposes a "strong

government"--Is apprehensive of the Constitution--Thinks

destruction of credit a good thing--Wishes America "to stand

with respect to Europe precisely on the footing of China"--

The line of cleavage regarding the Constitution--Marshall for

the Constitution.

IX. THE STRUGGLE FOR RATIFICATION 319

The historic Convention of 1788 assembles--Richmond at that

time--General ignorance of the Constitution--Even most members

of the Convention poorly informed--Vague popular idea of

Constitution as something foreign, powerful, and forbidding--

People in Virginia strongly opposed to it--The Virginia debate

to be the greatest ever held over the Constitution--The

revolutionary character of the Constitution: would not have

been framed if the people had known of the purposes of the

Federal Convention at Philadelphia: "A child of fortune"--

Ratification hurried--Pennsylvania Convention: hastily called,

physical violence, small number of people vote at election of

members to Pennsylvania Convention--People's ignorance of the

Constitution--Charges of the opposition--"The humble address

of the low born"--Debate in Pennsylvania Convention--Able

"Address of Minority"--Nationalism of the Constitution the

principal objection--Letters of "Centinel": the Constitution

"a spurious brat"--Attack on Robert Morris--Constitutionalist

replies: "Sowers of sedition"--Madison alarmed--The struggle

in Massachusetts--Conciliatory tactics of Constitutionalists--

Upper classes for Constitution--Common people generally

opposed--Many towns refuse to send delegates to the

Convention--Contemporary descriptions of the elections--

High ability and character of Constitutionalist members--

Self-confessed ignorance and incapacity of opposition: Madison

writes that there is "Scarcely a man of respectability among

them"--Their pathetic fight against the Constitution--Examples

of their arguments--The bargain with Hancock secures enough

votes to ratify--The slender majority: one hundred and

sixty-eight vote against ratification--Methods of

Constitutionalists after ratification--Widgery's amusing

account: hogsheads of rum--Gerry's lament--Bribery charged--

New Hampshire almost rejects Constitution--Convention adjourned

to prevent defeat--"Little information among the people," but

most "men of property and abilities" for Constitution--

Constitution receives no deliberate consideration until debated

in the Virginia Convention--Notable ability of the leaders of

both sides in the Virginia contest.

X. IN THE GREAT CONVENTION 357

Virginia the deciding State--Anxiety of Constitutionalists

in other States--Hamilton writes Madison: "No hope unless

Virginia ratifies"--Economic and political importance of

Virginia--Extreme effort of both sides to elect members to the

Convention--Preëlection methods of the Constitutionalists--

They capture Randolph--Marshall elected from opposition

constituency--Preëlection methods of Anti-Constitutionalists--

The Convention meets--Neither side sure of a majority--

Perfect discipline and astute Convention tactics of the

Constitutionalists--They secure the two powerful offices

of the Convention--The opposition have no plan of action--

Description of George Mason--His grave error in parliamentary

tactics--Constitutionalists take advantage of it: the

Constitution to be debated clause by clause--Analysis of the

opposing forces: an economic class struggle, Nationalism

against provincialism--Henry tries to remedy Mason's mistake--

Pendleton speaks and the debate begins--Nicholas speaks--His

character and personal appearance--Patrick Henry secures the

floor--Description of Henry--He attacks the Constitution:

why "_we the people_ instead of _we_ the States"? Randolph

replies--His manner and appearance--His support of the

Constitution surprises the opposition--His speech--His

about-face saves the Constitution--The Clinton letter: if

Randolph discloses it the Anti-Constitutionalists will win--

He keeps it from knowledge of the Convention--Decisive

importance of Randolph's action--His change ascribed to

improper motives--Mason answers Randolph and again makes

tactical error--Madison fails to speak--Description of Edmund

Pendleton--He addresses the Convention: "the war is between

government and licentiousness"--"Light Horse Harry" Lee--The

ermine and the sword--Henry secures the floor--His great

speech: the Constitution "a revolution as radical as that

which separated us from Great Britain"--The proposed National

Government something foreign and monstrous--"This government

is not a Virginian but an American government"--Marshall

studies the arguments and methods of the debaters--Randolph

answers Henry: "I am a child of the Revolution"--His error

concerning Josiah Philips--His speech ineffective--Description

of James Madison--He makes the first of his powerful

expositions of the Constitution, but has little or no effect

on the votes of the members--Speech of youthful Francis

Corbin--Randolph's futile effort--Madison makes the second

of his masterful speeches--Henry replies--His wonderful art--

He attacks Randolph for his apostasy--He closes the first

week's debate with the Convention under his spell.

XI. THE SUPREME DEBATE 401

Political managers from other States appear--Gouverneur

Morris and Robert Morris for the Constitutionalists and

Eleazer Oswald for the opposition--Morris's letter:

"depredations on my purse"--Grayson's letter: "our affairs

suspended by a thread"--Opening second week of the debate--

The New Academy crowded--Henry resumes his speech--Appeals

to the Kentucky members, denounces secrecy of Federal

Convention, attacks Nationalism--Lee criticizes lobbying

"out of doors" and rebukes Henry--Randolph attacks Henry:

"If our friendship must fall, _let it fall like Lucifer,

never to rise again_"--Randolph challenges Henry: a duel

narrowly averted--Personal appearance of James Monroe--

He speaks for the Revolutionary soldiers against the

Constitution and makes no impression--Marshall put forward

by the Constitutionalists--Description of him: badly dressed,

poetic-looking, "habits convivial almost to excess"--

Best-liked man in the Convention; considered an orator--

Marshall's speech: Constitutionalists the "firm friends of

liberty"; "we, sir, idolize democracy"; only a National

Government can promote the general welfare--Marshall's

argument his first recorded expression on the Constitution--

Most of speech on necessity of providing against war and

inspired by his military experience--Description of Benjamin

Harrison--Mason attacks power of National taxation and sneers

at the "well-born"--He denounces Randolph--Lee answers with

a show of anger--William Grayson secures the floor--His

character, attainments, and appearance--His learned and

witty speech: "We are too young to know what we are good

for"--Pendleton answers: "government necessary to protect

liberty"--Madison makes his fourth great argument--Henry

replies: "the tyranny of Philadelphia [National Government]

may be like the tyranny of George III, a horrid, wretched,

dreadful picture"; Henry's vision of the West--Tremendous

effect on the Convention--Letter of Gouverneur Morris to

Hamilton describing the Convention--Madison's report to

Hamilton and to Washington: "the business is in the most

ticklish state that can be imagined"--Marshall speaks again--

Military speech: "_United we are strong, divided we fall_"--

Grayson answers Marshall--Mason and Henry refer to "vast

speculations": "we may be taxed for centuries to give

advantage to rapacious speculators"--Grayson's letter to

Dane--The advantage with the Anti-Constitutionalists at the

end of the second week.

XII. THE STRATEGY OF VICTORY 444

The climax of the fight--The Judiciary the weakest point for

the Constitutionalists--Reasons for this--Especially careful

plans of the Constitutionalists for this part of the debate--

Pendleton expounds the Judiciary clause--Mason attacks it--

His charge as to secret purpose of many Constitutionalists--

His extreme courtesy causes him again to make a tactical

error--He refers to the Fairfax grant--A clever appeal to

members from the Northern Neck--Madison's distinguished

address--Henry answers Madison--His thrilling speech: "Old

as I am, it is probable I may yet have the appellation of

_rebel_. As to this government [the Constitution] I despise

and abhor it"--Marshall takes the floor--Selected by the

Constitutionalists to make the principal argument for the

Judiciary clause--His speech prepared--The National Judiciary

"will benefit collective Society"; National Courts will be

as fair as State Courts; independence of judges necessary;

if Congress should pass an unconstitutional law the National

Courts "_would declare it void_"; they alone the only

"protection from an infringement of the Constitution";

State courts "crowded with suits which the life of man will

not see determined"; National Courts needed to relieve this

congestion; under the Constitution, States cannot be sued

in National Courts; the Constitution does not exclude trial

by jury: "Does the word _court_ only mean the judges?";

comparison with the Judiciary establishment of Virginia;

reply to Mason's argument on the Fairfax title; "what

security have you for justice? The independence of your

Judiciary!"--Marshall's speech unconnected and discursive,

but the Constitutionalists rest their case upon it--Madison's

report to Hamilton: "If we can weather the storm against the

Judiciary I shall hold the danger to be pretty well over"--

Anti-Constitutionalists try to prolong debate until meeting

of Legislature which is strongly against the Constitution--

Secession threatened--Madison's letter to Hamilton--Contest

so close that "ordinary casualties may vary the result"--

Henry answers Marshall--His compliment to the young lawyer--

His reference to the Indians arouses Colonel Stephen who

harshly assails Henry--Nicholas insults Henry, who demands

an explanation--Debate draws to a close--Mason intimates

forcible resistance to the Constitution--Lee rebukes him--

The Constitutionalists forestall Henry and offer amendments--

Henry's last speech: "Nine-tenths of the people" against

the Constitution; Henry's vision of the future; a sudden

and terrific storm aids his dramatic climax; members and

spectators in awe--The Legislature convenes--Quick, resolute

action of the Constitutionalists--Henry admits defeat--The

Virginia amendments--Absurdity of some of them--Necessary

to secure ratification--Marshall on the committee to report

amendments--Constitutionalists win by a majority of only

ten--Of these, two vote against their instructions and eight

vote against the well-known desires of their constituents--

The Clinton letter at last disclosed--Mason's wrath--Henry

prevents Anti-Constitutionalists from talking measures to

resist the new National Government--Washington's account:

"Impossible for anybody not on the spot to conceive what the

delicacy and danger of our situation have been."

APPENDIX 481

I. WILL OF THOMAS MARSHALL, "CARPENTER" 483

II. WILL OF JOHN MARSHALL "OF THE FOREST" 485

III. DEED OF WILLIAM MARSHALL TO JOHN MARSHALL "OF THE FOREST" 487

IV. MEMORIAL OF THOMAS MARSHALL FOR MILITARYE MOLUMENTS 489

WORKS CITED IN THIS VOLUME 491

ILLUSTRATIONS

JOHN MARSHALL AT 43 _Colored Frontispiece_

From a miniature painted on ivory by an unknown artist. It was

executed in Paris in 1797-98, when Marshall was there on the X. Y.

Z. Mission. It is now in the possession of Miss Emily Harvie, of

Richmond, Virginia. It is the only portrait in existence of

Marshall at this period of his life and faithfully portrays him as

he was at the time of his intellectual duel with Talleyrand.

COLONEL WILLIAM RANDOLPH 10

From a copy in the possession of Mr. Douglas H. Thomas, of

Baltimore, after the original portrait in the possession of Mr.

Edward C. Mayo, of Richmond. The painter of the original is

unknown. It was painted about 1673 and has passed down through

successive generations of the family. Mr. Thomas's copy is a

faithful one, and has been used for reproduction here because the

original is not sufficiently clear and distinct for the purpose.

MARY ISHAM RANDOLPH, WIFE OF COLONEL WILLIAM RANDOLPH 10

From a copy in the possession of Mr. Douglas H. Thomas, of

Baltimore, after the original in the possession of Miss Anne

Mortimer Minor. The original portrait was painted about 1673 by an

unknown artist. It is incapable of satisfactory reproduction.

COLONEL THOMAS MARSHALL, THE FATHER OF JOHN MARSHALL 14

From a portrait in the possession of Charles Edward Marshall, of

Glen Mary, Kentucky. This is the only portrait or likeness of any

kind in existence of John Marshall's father. It was painted at

some time between 1790 and 1800 and was inherited by Charles

Edward Marshall from his parents, Charles Edward and Judith

Langhorne Marshall. The name of the painter of this unusual

portrait is not known.

MARY RANDOLPH (KEITH) MARSHALL, WIFE OF THOMAS MARSHALL AND

MOTHER OF JOHN MARSHALL 18

From a portrait in the possession of Miss Sallie Marshall, of

Leeds, Virginia. The portrait was painted at some time between

1790 and 1800, but the painter's name is unknown. The reproduction

is from a photograph furnished by Mr. Douglas H. Thomas.

"THE HOLLOW" 36

The Blue Ridge home of the Marshall family where John Marshall

lived from early childhood to his eighteenth year. The house is

situated on a farm at Markham, Va. From a photograph.

OAK HILL 56

From a water-color in the possession of Mr. Thomas Marshall Smith,

of Baltimore. The small house at the rear of the right of the main

building was the original dwelling, built by John Marshall's

father in 1773. The Marshall family lived here until after the

Revolution. The large building was added nearly forty years

afterward by Thomas Marshall, son of the Chief Justice. The name

of the painter is unknown.

OAK HILL 64

This is the original house, built in 1773 and carefully kept in

repair. The brick pavement is a modern improvement. From a

photograph.

FACSIMILE OF THE LAST PAGE OF A LETTER FROM JOHN MARSHALL TO

HIS WIFE, DESCRIBING THEIR COURTSHIP 152

This letter was written at Washington, February 23, 1824,

forty-one years after their marriage. No part of it has ever

before been published.

MARY AMBLER MARSHALL, THE WIFE OF JOHN MARSHALL 168

A crayon drawing from the original painting now in the possession

of Mrs. Carroll, a granddaughter of John Marshall, living at Leeds

Manor, Va. This is the only painting of Mrs. Marshall in existence

and the name of the artist is unknown.

RICHMOND IN 1800 184

From a painting in the rooms of the Virginia Historical Society.

FACSIMILE OF A PAGE OF MARSHALL'S ACCOUNT BOOK, MAY, 1787 198

In this book Marshall kept his accounts of receipts and expenses

for twelve years after his marriage in 1783. In the first part of

it he also recorded his notes of law lectures during his brief

attendance at William and Mary College. The original volume is

owned by Mrs. John K. Mason, of Richmond.

FACSIMILES OF SIGNATURES OF JOHN MARSHALL AT TWENTY-NINE AND

FORTY-TWO AND OF THOMAS MARSHALL 210

These signatures are remarkable as showing the extreme

dissimilarity between the signature of Marshall as a member of the

Council of State before he was thirty and his signature in his

mature manhood, and also as showing the basic similarity between

the signatures of Marshall and his father. The signature of

Marshall as a member of the Council of State in 1784 is from the

original minutes of the Council in the Archives of the Virginia

State Library. His 1797 signature is from a letter to his wife,

the original of which is in the possession of Miss Emily Harvie,

of Richmond. The signature of Thomas Marshall is from the original

roster of the officers of his regiment in the Manuscripts Division

of the Library of Congress.

FACSIMILE OF THE FIRST PAGE OF A LETTER FROM MARSHALL TO JAMES

MONROE, APRIL 17, 1784 212

From the original in the Manuscript Division of the New York

Public Library. This letter has never before been published. It is

extremely important in that it corrects extravagant errors

concerning Marshall's resignation from the Council of State and

his reëlection to the legislature.

JOHN MARSHALL 294

From a profile drawing by Charles Balthazar Julien Fèvre de Saint

Mémin, in the possession of Miss Emily Harvey of Richmond, Va., a

granddaughter of John Marshall. Autograph from manuscript

collection in the Library of the Boston Athenæum.

GEORGE WYTHE 368

From an engraving by J. B. Longacre after a portrait by an unknown

painter in the possession of the Virginia State Library. George

Wythe was Professor of Law at William and Mary College during

Marshall's brief attendance.

JOHN MARSHALL 420

From a painting by J. B. Martin in the Robe Room of the Supreme

Court of the United States, Washington, D.C.

PATRICK HENRY 470

From a copy (in the possession of the Westmoreland Club, of

Richmond) of the portrait by Thomas Sully. Sully, who never saw

Patrick Henry himself, painted the portrait from a miniature on

ivory done by a French artist in Richmond about 1792. John

Marshall, under date of December 30, 1816, attested its excellence

as follows: "I have been shown a painting of the late Mr. Henry,

painted by Mr. Sully, now in possession of Mr. Webster, which I

think a good likeness."

LIST OF ABBREVIATED TITLES MOST FREQUENTLY CITED

_All references here are to the List of Authorities at the end of

this volume._

Beard: _Econ. I. C._ _See_ Beard, Charles A. Economic Interpretation of

the Constitution of the United States.

Beard: _Econ. O. J. D._ _See_ Beard, Charles A. Economic Origins of

Jeffersonian Democracy.

Bruce: _Econ._ _See_ Bruce, Philip Alexander. Economic History of

Virginia in the Seventeeth Century.

Bruce: _Inst._ _See_ Bruce, Philip Alexander. Institutional History of

Virginia in the Seventeeth Century.

_Cor. Rev._: Sparks. _See_ Sparks, Jared. Correspondence of the

Revolution.

Eckenrode: _R. V._ _See_ Eckenrode, H. J. The Revolution in Virginia.

Eckenrode: _S. of C. and S._ _See_ Eckenrode, H. J. Separation of Church

and State in Virginia.

Jefferson's _Writings_: Washington. _See_ Jefferson, Thomas. Writings.

Edited by H. A. Washington.

Monroe's _Writings_: Hamilton. _See_ Monroe, James. Writings. Edited by

Stanislaus Murray Hamilton.

_Old Family Letters._ _See_ Adams, John. Old Family Letters. Edited by

Alexander Biddle.

Wertenbaker: _P. and P._ _See_ Wertenbaker, Thomas J. Patrician and

Plebeian in Virginia; or the Origin and Development of the Social

Classes of the Old Dominion.

Wertenbaker: _V. U. S._ _See_ Wertenbaker, Thomas J. Virginia Under the

Stuarts, 1607-1688.

_Works_: Adams. _See_ Adams, John. Works. Edited by Charles Francis

Adams.

_Works_: Ford. _See_ Jefferson, Thomas. Works. Federal Edition. Edited

by Paul Leicester Ford.

_Works_: Hamilton. _See_ Hamilton, Alexander. Works. Edited by John C.

Hamilton.

_Works_: Lodge. _See_ Hamilton, Alexander. Works. Federal Edition.

Edited by Henry Cabot Lodge.

_Writings_: Conway. _See_ Paine, Thomas. Writings. Edited by Moncure

Daniel Conway.

_Writings_: Ford. _See_ Washington, George. Writings. Edited by

Worthington Chauncey Ford.

_Writings_: Hunt. _See_ Madison, James. Writings. Edited by Gaillard

Hunt.

_Writings_: Smyth. _See_ Franklin, Benjamin. Writings. Edited by Albert

Henry Smyth.

_Writings_: Sparks. _See_ Washington, George. Writings. Edited by Jared

Sparks.

THE LIFE OF JOHN MARSHALL

THE LIFE OF JOHN MARSHALL

CHAPTER I

ANCESTRY AND ENVIRONMENT

Often do the spirits of great events stride on before the events

and in to-day already walks to-morrow. (Schiller.)

I was born an American; I will live an American; I shall die an

American. (Webster.)

"The British are beaten! The British are beaten!" From cabin to cabin,

from settlement to settlement crept, through the slow distances, this

report of terror. The astounding news that Braddock was defeated finally

reached the big plantations on the tidewater, and then spread dismay and

astonishment throughout the colonies.

The painted warriors and the uniformed soldiers of the French-Indian

alliance had been growing bolder and bolder, their ravages ever more

daring and bloody.[1] Already the fear of them had checked the thin wave

of pioneer advance; and it seemed to the settlers that their hereditary

enemies from across the water might succeed in confining British

dominion in America to the narrow strip between the ocean and the

mountains. For the royal colonial authorities had not been able to cope

with their foes.[2]

But there was always the reserve power of Great Britain to defend her

possessions. If only the home Government would send an army of British

veterans, the colonists felt that, as a matter of course, the French and

Indians would be routed, the immigrants made safe, and the way cleared

for their ever-swelling thousands to take up and people the lands beyond

the Alleghanies.

So when at last, in 1755, the redoubtable Braddock and his red-coated

regiments landed in Virginia, they were hailed as deliverers. There

would be an end, everybody said, to the reign of terror which the

atrocities of the French and Indians had created all along the border.

For were not the British grenadiers invincible? Was not Edward Braddock

an experienced commander, whose bravery was the toast of his fellow

officers?[3] So the colonists had been told, and so they believed.

They forgave the rudeness of their British champions; and Braddock

marched away into the wilderness carrying with him the unquestioning

confidence of the people.[4] It was hardly thought necessary for any

Virginia fighting men to accompany him; and that haughty, passionate

young Virginia soldier, George Washington (then only twenty-three years

of age, but already the chief military figure of the Old Dominion), and

his Virginia rangers were invited to accompany Braddock more because

they knew the country better than for any real aid in battle that was

expected of them. "I have been importuned," testifies Washington, "to

make this campaign by General Braddock, ... conceiving ... that the ...

knowledge I have ... of the country, Indians, &c. ... might be useful to

him."[5]

So through the ancient and unbroken forests Braddock made his slow and

painful way.[6] Weeks passed; then months.[7] But there was no

impatience, because everybody knew what would happen when his scarlet

columns should finally meet and throw themselves upon the enemy. Yet

this meeting, when it came, proved to be one of the lesser tragedies of

history, and had a deep and fateful effect upon American public opinion

and upon the life and future of the American people.[8]

Time has not dulled the vivid picture of that disaster. The golden

sunshine of that July day; the pleasant murmur of the waters of the

Monongahela; the silent and somber forests; the steady tramp, tramp of

the British to the inspiriting music of their regimental bands playing

the martial airs of England; the bright uniforms of the advancing

columns giving to the background of stream and forest a touch of

splendor; and then the ambush and surprise; the war-whoops of savage

foes that could not be seen; the hail of invisible death, no pellet of

which went astray; the pathetic volleys which the doomed British troops

fired at hidden antagonists; the panic; the rout; the pursuit; the

slaughter; the crushing, humiliating defeat![9]

Most of the British officers were killed or wounded as they vainly tried

to halt the stampede.[10] Braddock himself received a mortal hurt.[11]

Raging with battle lust, furious at what he felt was the stupidity and

cowardice of the British regulars,[12] the youthful Washington rode

among the fear-frenzied Englishmen, striving to save the day. Two horses

were shot under him. Four bullets rent his uniform.[13] But, crazed with

fright, the Royal soldiers were beyond human control.

Only the Virginia rangers kept their heads and their courage. Obeying

the shouted orders of their young commander, they threw themselves

between the terror-stricken British and the savage victors; and,

fighting behind trees and rocks, were an ever-moving rampart of fire

that saved the flying remnants of the English troops. But for Washington

and his rangers, Braddock's whole force would have been annihilated.[14]

Colonel Dunbar and his fifteen hundred British regulars, who had been

left a short distance behind as a reserve, made off to Philadelphia as

fast as their panic-winged feet could carry them.[15]

So everywhere went up the cry, "The British are beaten!" At first rumor

had it that the whole force was destroyed, and that Washington had been

killed in action.[16] But soon another word followed hard upon this

error--the word that the boyish Virginia captain and his rangers had

fought with coolness, skill, and courage; that they alone had prevented

the extinction of the British regulars; that they alone had come out of

the conflict with honor and glory.

Thus it was that the American colonists suddenly came to think that they

themselves must be their own defenders. It was a revelation, all the

more impressive because it was so abrupt, unexpected, and dramatic, that

the red-coated professional soldiers were not the unconquerable warriors

the colonists had been told that they were.[17] From colonial "mansion"

to log cabin, from the provincial "capitals" to the mean and exposed

frontier settlements, Braddock's defeat sowed the seed of the idea that

Americans must depend upon themselves.[18]

As Bacon's Rebellion at Jamestown, exactly one hundred years before

Independence was declared at Philadelphia, was the beginning of the

American Revolution in its first clear expression of popular rights,[19]

so Braddock's defeat was the inception of that same epoch in its lesson

of American military self-dependence.[20] Down to Concord and Lexington,

Great Bridge and Bunker Hill, the overthrow of the King's troops on the

Monongahela in 1755 was a theme of common talk among men, a household

legend on which American mothers brought up their children.[21]

Close upon the heels of this epoch-making event, John Marshall came into

the world. He was born in a little log cabin in the southern part of

what now is Fauquier County, Virginia (then a part of Prince William),

on September 24, 1755,[22] eleven weeks after Braddock's defeat. The

Marshall cabin stood about a mile and a half from a cluster of a dozen

similar log structures built by a handful of German families whom

Governor Spotswood had brought over to work his mines. This little

settlement was known as Germantown, and was practically on the

frontier.[23]

Thomas Marshall, the father of John Marshall, was a close friend of

Washington, whom he ardently admired. They were born in the same county,

and their acquaintance had begun, apparently, in their boyhood.[24]

Also, as will presently appear, Thomas Marshall had for about three

years been the companion of Washington, when acting as his assistant in

surveying the western part of the Fairfax estate.[25] From that time

forward his attachment to Washington amounted to devotion.[26]

Also, he was, like Washington, a fighting man.[27] It seems strange,

therefore, that he did not accompany his hero in the Braddock

expedition. There is, indeed, a legend that he did go part of the

way.[28] But this, like so many stories concerning him, is untrue.[29]

The careful roster, made by Washington of those under his command,[30]

does not contain the name of Thomas Marshall either as officer or

private. Because of their intimate association it is certain that

Washington would not have overlooked him if he had been a member of that

historic body of men.

So, while the father of John Marshall was not with his friend and leader

at Braddock's defeat, no man watched that expedition with more care,

awaited its outcome with keener anxiety, or was more affected by the

news, than Thomas Marshall. Beneath no rooftree in all the colonies,

except, perhaps, that of Washington's brother, could this capital event

have made a deeper impression than in the tiny log house in the forests

of Prince William County, where John Marshall, a few weeks afterwards,

first saw the light of day.

Wars and rumors of wars, ever threatening danger, and stern, strong,

quiet preparation to meet whatever befell--these made up the moral and

intellectual atmosphere that surrounded the Marshall cabin before and

after the coming of Thomas and Mary Marshall's first son. The earliest

stories told this child of the frontier[31] must have been those of

daring and sacrifice and the prevailing that comes of them.

Almost from the home-made cradle John Marshall was taught the idea of

American solidarity. Braddock's defeat, the most dramatic military event

before the Revolution,[32] was, as we have seen, the theme of fireside

talk; and from this grew, in time, the conviction that Americans, if

united,[33] could not only protect their homes from the savages and the

French, but defeat, if need be, the British themselves.[34] So thought

the Marshalls, father and mother; and so they taught their children, as

subsequent events show.

It was a remarkable parentage that produced this child who in manhood

was to become the master-builder of American Nationality. Curiously

enough, it was exactly the same mingling of human elements that gave to

the country that great apostle of the rights of man, Thomas Jefferson.

Indeed, Jefferson's mother and Marshall's grandmother were first

cousins. The mother of Thomas Jefferson was Jane Randolph, daughter of

Isham Randolph of Turkey Island; and the mother of John Marshall was

Mary Randolph Keith, the daughter of Mary Isham Randolph, whose father

was Thomas Randolph of Tuckahoe, the brother of Jefferson's maternal

grandfather.

Thus, Thomas Jefferson was the great-grandson and John Marshall the

great-great-grandson of William Randolph and Mary Isham. Perhaps no

other couple in American history is so remarkable for the number of

distinguished descendants. Not only were they the ancestors of Thomas

Jefferson and John Marshall, but also of "Light Horse Harry" Lee,

of Revolutionary fame, Edmund Randolph, Washington's first

Attorney-General, John Randolph of Roanoke, George Randolph, Secretary

of War under the Confederate Government, and General Robert E. Lee, the

great Southern military leader of the Civil War.[35]

The Virginia Randolphs were one of the families of that proud colony who

were of undoubted gentle descent, their line running clear and unbroken

at least as far back as 1550. The Ishams were a somewhat older family,

their lineage being well established to 1424. While knighthood was

conferred upon one ancestor of Mary Isham, the Randolph and Isham

families were of the same social stratum, both being of the English

gentry.[36] The Virginia Randolphs were brilliant in mind, physically

courageous, commanding in character, generally handsome in person, yet

often as erratic as they were gifted.

[Illustration: COLONEL WILLIAM RANDOLPH]

[Illustration: MARY ISHAM RANDOLPH]

When the gentle Randolph-Isham blood mingled with the sturdier currents

of the common people, the result was a human product stronger, steadier,

and abler than either. So, when Jane Randolph became the wife of Peter

Jefferson, a man from the grass roots, the result was Thomas Jefferson.

The union of a daughter of Mary Randolph with Thomas Marshall, a man of

the soil and forests, produced John Marshall.[37]

Physically and mentally, Peter Jefferson and Thomas Marshall were much

alike. Both were powerful men of great stature. Both were endowed with

rare intellectuality.[38] Both were hard-working, provident, and

fearless. Even their occupations were the same: both were land

surveyors. The chief difference between them was that, whereas Peter

Jefferson appears to have been a hearty and convivial person,[39]

Thomas Marshall seems to have been self-contained though adventurous,

and of rather austere habits. Each became the leading man of his

county[40] and both were chosen members of the House of Burgesses.[41]

On the paternal side, it is impossible to trace the origin of either

Peter Jefferson[42] or Thomas Marshall farther back than their

respective great-grandfathers, without floundering, unavailingly, in

genealogical quicksands.

Thomas Marshall was the son of a very small planter in Westmoreland

County, Virginia. October 23, 1727, three years before Thomas was born,

his father, John Marshall "of the forest," acquired by deed, from

William Marshall of King and Queen County, two hundred acres of poor,

low, marshy land located on Appomattox Creek.[43] Little as the value of

land in Virginia then was, and continued to be for three quarters of a

century afterwards,[44] this particular tract seems to have been of an

especially inferior quality. The deed states that it is a part of twelve

hundred acres which had been granted to "Jno. Washington & Thos. Pope,

gents ... & by them lost for want of seating."

Here John Marshall "of the forest"[45] lived until his death in 1752,

and here on April 2, 1730, Thomas Marshall was born. During the quarter

of a century that this John Marshall remained on his little farm, he had

become possessed of several slaves, mostly, perhaps, by natural

increase. By his will he bequeaths to his ten children and to his wife

six negro men and women, ten negro boys and girls, and two negro

children. In addition to "one negro fellow named Joe and one negro woman

named Cate" he gives to his wife "one Gray mair named beauty and side

saddle also six hogs also I leave her the use of my land During her

widowhood, and afterwards to fall to my son Thomas Marshall and his

heirs forever."[46] One year later the widow, Elizabeth Marshall, deeded

half of this two hundred acres to her son Thomas Marshall.[47]

Such was the environment of Thomas Marshall's birth, such the property,

family, and station in life of his father. Beyond these facts, nothing

positively is known of the ancestry of John Marshall on his father's

side. Marshall himself traces it no further back than his grandfather.

"My Father, Thomas Marshall, was the eldest son of John Marshall, who

intermarried with a Miss Markham and whose parents migrated from Wales,

and settled in the county of Westmoreland, in Virginia, where my Father

was born."[48]

It is probable, however, that Marshall's paternal great-grandfather was

a carpenter of Westmoreland County. A Thomas Marshall, "carpenter," as

he describes himself in his will, died in that county in 1704. He

devised his land to his son William. A William Marshall of King and

Queen County deeded to John Marshall "of the forest," for five

shillings, the two hundred acres of land in Westmoreland County, as

above stated.[49] The fair inference is that this William was the elder

brother of John "of the forest" and that both were sons of Thomas the

"carpenter."

[Illustration: THOMAS MARSHALL]

Beyond his paternal grandfather or at furthest his great-grandfather,

therefore, the ancestry of John Marshall, on his father's side, is lost

in the fogs of uncertainty.[50] It is only positively known that his

grandfather was of the common people and of moderate means.[51]

Concerning his paternal grandmother, nothing definitely is established

except that she was Elizabeth Markham, daughter of Lewis Markham, once

Sheriff of Westmoreland County.[52]

John Marshall's lineage on his mother's side, however, is long, high,

and free from doubt, not only through the Randolphs and Ishams, as we

have seen, but through the Keiths. For his maternal grandfather was an

Episcopal clergyman, James Keith, of the historic Scottish family of

that name, who were hereditary Earls Marischal of Scotland. The Keiths

had been soldiers for generations, some of them winning great

renown.[53] One of them was James Keith, the Prussian field marshal and

ablest of the officers of Frederick the Great.[54] James Keith, a

younger son of this distinguished family, was destined for the

Church;[55] but the martial blood flowing in his veins asserted itself

and, in his youth, he also became a soldier, upholding with arms the

cause of the Pretender. When that rebellion was crushed, he fled to

Virginia, resumed his sacred calling, returned to England for orders,

came back to Virginia[56] and during his remaining years performed his

priestly duties with rare zeal and devotion.[57] The motto of the Keiths

of Scotland was "Veritas Vincit," and John Marshall adopted it. During

most of his life he wore an amethyst with the ancient Keith motto

engraved upon it.[58]

When past middle life the Scottish parson married Mary Isham

Randolph,[59] granddaughter of William Randolph and Mary Isham. In 1754

their daughter, Mary Randolph Keith, married Thomas Marshall and became

the mother of John Marshall. "My mother was named Mary Keith, she was

the daughter of a clergyman, of the name of Keith, who migrated from

Scotland and intermarried with a Miss Randolph of James River" is

Marshall's comment on his maternal ancestry.[60]

Not only was John Marshall's mother uncommonly well born, but she was

more carefully educated than most Virginia women of that period.[61] Her

father received in Aberdeen the precise and methodical training of a

Scottish college;[62] and, as all parsons in the Virginia of that time

were teachers, it is certain that he carefully instructed his daughter.

He was a deeply religious man, especially in his latter years,--so much

so, indeed, that there was in him a touch of mysticism; and the two

marked qualities of his daughter, Mary, were deep piety and strong

intellectuality. She had, too, all the physical hardiness of her

Scottish ancestry, fortified by the active and useful labor which all

Virginia women of her class at that time performed.

[Illustration: MARY RANDOLPH KEITH MARSHALL (Mrs. Thomas Marshall)]

So Thomas Marshall and Mary Keith combined unusual qualities for the

founding of a family. Great strength of mind both had, and powerful

wills; and through the veins of both poured the blood of daring. Both

were studious-minded, too, and husband and wife alike were seized of a

passion for self-improvement as well as a determination to better their

circumstances. It appears that Thomas Marshall was by nature religiously

inclined;[63] and this made all the greater harmony between himself and

his wife. The physical basis of both husband and wife seems to have been

well-nigh perfect.

Fifteen children were the result of this union, every one of whom lived

to maturity and almost all of whom rounded out a ripe old age. Every one

of them led an honorable and successful life. Nearly all strongly

impressed themselves upon the community in which they lived.

It was a peculiar society of which this prolific and virile family

formed a part, and its surroundings were as strange as the society

itself. Nearly all of Virginia at that time was wilderness,[64] if we

look upon it with the eyes of to-day. The cultivated parts were given

over almost entirely to the raising of tobacco, which soon drew from the

soil its virgin strength; and the land thus exhausted usually was

abandoned to the forest, which again soon covered it. No use was made of

the commonest and most obvious fertilizing materials and methods; new

spaces were simply cleared.[65] Thus came a happy-go-lucky improvidence

of habits and character.

This shiftlessness was encouraged by the vast extent of unused and

unoccupied domain. Land was so cheap that riches measured by that basis

of all wealth had to be counted in terms of thousands and tens of

thousands of acres.[66] Slavery was an even more powerful force making

for a kind of lofty disdain of physical toil among the white

people.[67] Black slaves were almost as numerous as white free men.[68]

On the great plantations the negro quarters assumed the proportions of

villages;[69] and the masters of these extensive holdings were by

example the arbiters of habits and manners to the whole social and

industrial life of the colony. While an occasional great planter was

methodical and industrious,[70] careful and systematic methods were

rare. Manual labor was, to most of these lords of circumstance, not only

unnecessary but degrading. To do no physical work that could be avoided

on the one hand, and on the other hand, to own as many slaves as

possible, was, generally, the ideal of members of the first estate.[71]

This spread to the classes below, until it became a common ambition of

white men throughout the Old Dominion.

While contemporary travelers are unanimous upon this peculiar aspect of

social and economic conditions in old Virginia, the vivid picture drawn

by Thomas Jefferson is still more convincing. "The whole commerce

between master and slave," writes Jefferson, "is a perpetual exercise of

the most boisterous passions, the most unremitting despotism on the one

part, and degrading submissions on the other. Our children see this and

learn to imitate it.... Thus nursed, educated, and daily exercised in

tyranny ... the man must be a prodigy who can retain his manners and

morals undepraved.... With the morals of the people their industry also

is destroyed. For in a warm climate, no man will labour for himself who

can make another labour for him.... Of the proprietors of slaves a very

small proportion indeed are ever seen to labour."[72]

Two years after he wrote his "Notes on Virginia" Jefferson emphasized

his estimate of Virginia society. "I have thought them [Virginians] as

you found them," he writes Chastellux, "aristocratical, pompous,

clannish, indolent, hospitable ... careless of their interests, ...

thoughtless in their expenses and in all their transactions of

business." He again ascribes many of these characteristics to "that

warmth of their climate which unnerves and unmans both body and

mind."[73]

From this soil sprang a growth of habits as noxious as it was luxuriant.

Amusements to break the monotony of unemployed daily existence took the

form of horse-racing, cock-fighting, and gambling.[74] Drinking and all

attendant dissipations were universal and extreme;[75] this, however,

was the case in all the colonies.[76] Bishop Meade tells us that even

the clergy indulged in the prevailing customs to the neglect of their

sacred calling; and the church itself was all but abandoned in the

disrepute which the conduct of its ministers brought upon the house of

God.[77]

Yet the higher classes of colonial Virginians were keen for the

education of their children, or at least of their male offspring.[78]

The sons of the wealthiest planters often were sent to England or

Scotland to be educated, and these, not infrequently, became graduates

of Oxford, Cambridge, and Edinburgh.[79] Others of this class were

instructed by private tutors.[80] Also a sort of scanty and fugitive

public instruction was given in rude cabins, generally located in

abandoned fields. These were called the Old Field Schools.[81]

More than forty per cent of the men who made deeds or served on juries

could not sign their names, although they were of the land-owning and

better educated classes;[82] the literacy of the masses, especially that

of the women,[83] was, of course, much lower.

An eager desire, among the "quality," for reading brought a considerable

number of books to the homes of those who could afford that luxury.[84]

A few libraries were of respectable size and two or three were very

large. Robert Carter had over fifteen hundred volumes,[85] many of which

were in Latin and Greek, and some in French.[86] William Byrd collected

at Westover more than four thousand books in half a dozen languages.[87]

But the Carter and Byrd libraries were, of course, exceptions. Byrd's

library was the greatest, not only in Virginia, but in all the colonies,

except that of John Adams, which was equally extensive and varied.[88]

Doubtless the leisure and wealth of the gentry, created by the peculiar

economic conditions of the Old Dominion, sharpened this appetite for

literature and afforded to the wealthy time and material for the

gratification of it. The passion for reading and discussion persisted,

and became as notable a characteristic of Virginians as was their

dislike for physical labor, their excessive drinking, and their love of

strenuous sport and rough diversion.

There were three social orders or strata, all contemporary observers

agree, into which Virginians were divided; but they merged into one

another so that the exact dividing line was not clear.[89] First, of

course, came the aristocracy of the immense plantations. While the

social and political dominance of this class was based on wealth, yet

some of its members were derived from the English gentry, with, perhaps,

an occasional one from a noble family in the mother country.[90] Many,

however, were English merchants or their sons.[91] It appears, also,

that the boldest and thriftiest of the early Virginia settlers, whom the

British Government exiled for political offenses, acquired extensive

possessions, became large slave-owners, and men of importance and

position. So did some who were indentured servants;[92] and, indeed, an

occasional transported convict rose to prominence.[93]

But the genuine though small aristocratic element gave tone and color to

colonial Virginia society. All, except the "poor whites," looked to this

supreme group for ideals and for standards of manners and conduct.

"People of fortune ... are the pattern of all behaviour here," testifies

Fithian of New Jersey, tutor in the Carter household.[94] Also, it was,

of course, the natural ambition of wealthy planters and those who

expected to become such to imitate the life of the English higher

classes. This was much truer in Virginia than in any other colony; for

she had been more faithful to the Crown and to the royal ideal than had

her sisters. Thus it was that the Old Dominion developed a distinctively

aristocratic and chivalrous social atmosphere peculiar to herself,[95]

as Jefferson testifies.

Next to the dominant class came the lesser planters. These corresponded

to the yeomanry of the mother country; and most of them were from the

English trading classes.[96] They owned little holdings of land from a

few hundred to a thousand and even two thousand acres; and each of these

inconsiderable landlords acquired a few slaves in proportion to his

limited estate. It is possible that a scanty number of this middle class

were as well born as the best born of the little nucleus of the genuine

aristocracy; these were the younger sons of great English houses to whom

the law of primogeniture denied equal opportunity in life with the elder

brother. So it came to pass that the upper reaches of the second estate

in the social and industrial Virginia of that time merged into the

highest class.

At the bottom of the scale, of course, came the poverty-stricken whites.

In eastern Virginia this was the class known as the "poor whites"; and

it was more distinct than either of the two classes above it. These

"poor whites" lived in squalor, and without the aspirations or virtues

of the superior orders. They carried to the extreme the examples of

idleness given them by those in higher station, and coarsened their

vices to the point of brutality.[97] Near this social stratum, though

not a part of it, were classed the upland settlers, who were poor

people, but highly self-respecting and of sturdy stock.

Into this structure of Virginia society Fate began to weave a new and

alien thread about the time that Thomas Marshall took his young bride to

the log cabin in the woods of Prince William County where their first

child was born. In the back country bordering the mountains appeared the

scattered huts of the pioneers. The strong character of this element of

Virginia's population is well known, and its coming profoundly

influenced for generations the political, social, industrial, and

military history of that section. They were jealous of their "rights,"

impatient of restraint, wherever they felt it, and this was seldom.

Indeed, the solitariness of their lives, and the utter self-dependence

which this forced upon them, made them none too tolerant of law in any

form.

These outpost settlers furnished most of that class so well known to our

history by the term "backwoodsmen," and yet so little understood. For

the heroism, the sacrifice, and the suffering of this "advance guard of

civilization" have been pictured by laudatory writers to the exclusion

of its other and less admirable qualities. Yet it was these latter

characteristics that played so important a part in that critical period

of our history between the surrender of the British at Yorktown and the

adoption of the Constitution, and in that still more fateful time when

the success of the great experiment of making out of an inchoate

democracy a strong, orderly, independent, and self-respecting nation was

in the balance.

These American backwoodsmen, as described by contemporary writers who

studied them personally, pushed beyond the inhabited districts to get

land and make homes more easily. This was their underlying purpose; but

a fierce individualism, impatient even of those light and vague social

restraints which the existence of near-by neighbors creates, was a

sharper spur.[98] Through both of these motives, too, ran the spirit of

mingled lawlessness and adventure. The physical surroundings of the

backwoodsman nourished the non-social elements of his character. The log

cabin built, the surrounding patch of clearing made, the seed planted

for a crop of cereals only large enough to supply the household

needs--these almost ended the backwoodsman's agricultural activities and

the habits of regular industry which farming requires.

While his meager crops were coming on, the backwoodsman must supply his

family with food from the stream and forest. The Indians had not yet

retreated so far, nor were their atrocities so remote, that fear of

them had ceased;[99] and the eye of the backwoodsman was ever keen for a

savage human foe as well as for wild animals. Thus he became a man of

the rifle,[100] a creature of the forests, a dweller amid great

silences, self-reliant, suspicious, non-social, and almost as savage as

his surroundings.[101]

But among them sometimes appeared families which sternly held to high

purposes, orderly habits, and methodical industry;[102] and which clung

to moral and religious ideals and practices with greater tenacity than

ever, because of the very difficulties of their situation. These chosen

families naturally became the backbone of the frontier; and from them

came the strong men of the advanced settlements.

Such a figure among the backwoodsmen was Thomas Marshall. Himself a

product of the settlements on the tidewater, he yet was the

personification of that spirit of American advance and enterprise which

led this son of the Potomac lowlands ever and ever westward until he

ended his days in the heart of Kentucky hundreds of miles through the

savage wilderness from the spot where, as a young man, he built his

first cabin home.

This, then, was the strange mingling of human elements that made up

Virginia society during the middle decades of the eighteenth century--a

society peculiar to the Old Dominion and unlike that of any other place

or time. For the most part, it was idle and dissipated, yet also

hospitable and spirited, and, among the upper classes, keenly

intelligent and generously educated. When we read of the heavy drinking

of whiskey, brandy, rum, and heady wine; of the general indolence,

broken chiefly by fox-hunting and horse-racing, among the quality; of

the coarser sport of cock-fighting shared in common by landed gentry and

those of baser condition, and of the eagerness for physical encounter

which seems to have pervaded the whole white population,[103] we wonder

at the greatness of mind and soul which grew from such a social soil.

Yet out of it sprang a group of men who for ability, character, spirit,

and purpose, are not outshone and have no precise counterpart in any

other company of illustrious characters appearing in like space of time

and similar extent of territory. At almost the same point of time,

historically speaking,--within thirty years, to be exact,--and on the

same spot, geographically speaking,--within a radius of a hundred

miles,--George Mason, James Madison, Patrick Henry, Thomas Jefferson,

John Marshall, and George Washington were born. The life stories of

these men largely make up the history of their country while they lived;

and it was chiefly their words and works, their thought and purposes,

that gave form and direction, on American soil, to those political and

social forces which are still working out the destiny of the American

people.

FOOTNOTES:

[1] For instance, the Indians massacred nine families in Frederick

County, just over the Blue Ridge from Fauquier, in June, 1755.

(_Pennsylvania Journal and Weekly Advertiser_, July 24, 1755.)

[2] Marshall, i, 12-13; Campbell, 469-71. "The Colonial contingents were

not nearly sufficient either in quantity or quality." (Wood, 40.)

[3] Braddock had won promotion solely by gallantry in the famous

Coldstream Guards, the model and pride of the British army, at a time

when a lieutenant-colonelcy in that crack regiment sold for £5000

sterling. (Lowdermilk, 97.)

[4] "The British troops had been looked upon as invincible, and

preparations had been made in Philadelphia for the celebration of

Braddock's anticipated victory." (_Ib._, 186.)

[5] Washington to Robinson, April 20, 1755; _Writings_: Ford, i, 147.

[6] The "wild desert country lying between fort Cumberland and fort

Frederick [now the cities of Cumberland and Frederick in Maryland], the

most common track of the Indians, in making their incursions into

Virginia." (Address in the Maryland House of Delegates, 1757, as quoted

by Lowdermilk, 229-30.) Cumberland was "about 56 miles beyond our

[Maryland] settlements." (_Ib._) Cumberland "is far remote from any of

our inhabitants." (Washington to Dinwiddie, Sept. 23, 1756; _Writings_:

Ford, i, 346.) "Will's Creek was on the very outskirts of civilization.

The country beyond was an unbroken and almost pathless wilderness."

(Lowdermilk, 50.)

[7] It took Braddock three weeks to march from Alexandria to Cumberland.

He was two months and nineteen days on the way from Alexandria to the

place of his defeat. (_Ib._, 138.)

[8] "All America watched his [Braddock's] advance." (Wood, 61.)

[9] For best accounts of Braddock's defeat see Bradley, 75-107;

Lowdermilk, 156-63; and Marshall, i, 7-10.

[10] "Of one hundred and sixty officers, only six escaped." (Lowdermilk,

footnote to 175.)

[11] Braddock had five horses killed under him. (_Ib._, 161.)

[12] "The dastardly behavior of the Regular [British] troops," who

"broke and ran as sheep before hounds." (Washington to Dinwiddie, July

18, 1755; _Writings_: Ford, i, 173-74.)

[13] Washington to John A. Washington, July 18, 1755. (_Ib._, 176.)

[14] "The Virginia companies behaved like men and died like soldiers ...

of three companies ... scarce thirty were left alive." (Washington to

Dinwiddie, July 18, 1755; _Writings_: Ford, i, 173-74.)

[15] Lowdermilk, 182-85; and see Washington's _Writings_: Ford, i,

footnote to 175. For account of battle and rout see Washington's letters

to Dinwiddie, _ib._, 173-76; to John A. Washington, July 18, 1755,

_ib._; to Robert Jackson, Aug. 2, 1755, _ib._, 177-78; also see

Campbell, 472-81. For French account see Hart, ii, 365-67; also,

Sargent: _History of Braddock's Expedition_.

[16] Washington to John A. Washington, July 18, 1755; _Writings_: Ford,

i, 175.

[17] "The Defeat of Braddock was totally unlooked for, and it excited

the most painful surprise." (Lowdermilk, 186.)

[18] "After Braddock's defeat, the Colonists jumped to the conclusion

that all regulars were useless." (Wood, 40.)

[19] See Stanard: _Story of Bacon's Rebellion_. Bacon's Rebellion

deserves the careful study of all who would understand the beginnings of

the democratic movement in America. Mrs. Stanard's study is the best

brief account of this popular uprising. See also Wertenbaker: _V. U.

S._, chaps. 5 and 6.

[20] "The news [of Braddock's defeat] gave a far more terrible blow to

the reputation of the regulars than to the British cause [against the

French] itself." (Wood, 61.)

[21] "From that time [Braddock's defeat] forward the Colonists had a

much less exalted opinion of the valor of the royal troops."

(Lowdermilk, 186.) The fact that the colonists themselves had been

negligent and incompetent in resisting the French or even the Indians

did not weaken their newborn faith in their own prowess and their

distrust of British power.

[22] _Autobiography._

[23] Campbell, 494. "It is remarkable," says Campbell, "that as late as

the year 1756, when the colony was a century and a half old, the Blue

Ridge of mountains was virtually the western boundary of Virginia." And

see Marshall, i, 15; also, _New York Review_ (1838), iii, 330. For

frontier settlements, see the admirable map prepared by Marion F.

Lansing and reproduced in Channing, ii.

[24] Humphrey Marshall, i, 344-45. Also Binney, in Dillon, iii, 283.

[25] See _infra_, chap. II.

[26] Humphrey Marshall, i, 344-45.

[27] He was one of a company of militia cavalry the following year,

(Journal, H.B. (1756), 378); and he was commissioned as ensign Aug. 27,

1761. (Crozier: _Virginia Colonial Militia_, 96.) And see _infra_,

chaps, III and IV.

[28] Paxton, 20.

[29] A copy of a letter (MS.) to Thomas Marshall from his sister

Elizabeth Marshall Martin, dated June 15, 1755, referring to the

Braddock expedition, shows that he was at home at this time.

Furthermore, a man of the quality of Thomas Marshall would not have left

his young wife alone in their backwoods cabin at a time so near the

birth of their first child, when there was an overabundance of men eager

to accompany Braddock.

[30] Washington MSS., Lib. Cong.

[31] Simon Kenton, the Indian fighter, was born in the same county in

the same year as John Marshall. (M'Clung: _Sketches of Western

Adventure_, 93.)

[32] Neither the siege of Louisburg nor the capture of Quebec took such

hold on the public imagination as the British disaster on the

Monongahela. Also, the colonists felt, though unjustly, that they were

entitled to as much credit for the two former events as the British.

[33] The idea of unity had already germinated. The year before, Franklin

offered his plan of concerted colonial action to the Albany conference.

(_Writings_: Smyth, i, 387.)

[34] Wood, 38-42.

[35] For these genealogies see Slaughter: _Bristol Parish_, 212; Lee:

_Lee of Virginia_, 406 _et seq._; Randall, i, 6-9; Tucker, i, 26. See

Meade, i, footnote to 138-39, for other descendants of William Randolph

and Mary Isham.

[36] _Va. Mag. Hist. and Biog._, iii, 261; xviii, 86-87.

[37] The curious sameness in the ancestry of Marshall and Jefferson is

found also in the surroundings of their birth. Both were born in log

cabins in the backwoods. Peter Jefferson, father of Thomas, "was the

third or fourth white settler within the space of several miles" of his

cabin home, which he built "in a small clearing in the dense and

primeval forest." (Randall, i, 11.) Here Jefferson was born, April 2,

1743, a little more than twelve years before John Marshall came into the

world, under like conditions and from similar parents.

Peter Jefferson was, however, remotely connected by descent, on his

mother's side, with men who had been burgesses. His maternal

grandfather, Peter Field, was a burgess, and his maternal

great-grandfather, Henry Soane, was Speaker of the House of Burgesses.

But both Peter Jefferson and Thomas Marshall were "of the people" as

distinguished from the gentry.

[38] Morse, 3; and Story, in Dillon, iii, 330.

[39] Randall, i, 7. Peter Jefferson "purchased" four hundred acres of

land from his "bosom friend," William Randolph, the consideration as set

forth in the deed being, "Henry Weatherbourne's biggest bowl of arrack

punch"! (_Ib._)

[40] Peter Jefferson was County Lieutenant of Albemarle. (_Va. Mag,

Hist. and Biog._, xxiii, 173-75.) Thomas Marshall was Sheriff of

Fauquier.

[41] Randall, i, 12-13; and see _infra_, chap. II.

[42] Tucker, i, 26.

[43] Records of Westmoreland County, Deeds and Wills, viii, I, 276.

[44] _Ib._ Seventy years later La Rochefoucauld found land adjoining

Norfolk heavily covered with valuable timber, close to the water and

convenient for shipment, worth only from six to seven dollars an acre.

(La Rochefoucauld, iii, 25.) Virginia sold excellent public land for two

cents an acre three quarters of a century after this deed to John

Marshall "of the forest." (Ambler, 44; and see Turner, Wis. Hist. Soc,

1908, 201.) This same land which William Marshall deeded to John

Marshall nearly two hundred years ago is now valued at only from ten to

twenty dollars an acre. (Letter of Albert Stuart, Deputy Clerk of

Westmoreland County, to author, Aug. 26, 1913.) In 1730 it was probably

worth one dollar per acre.

[45] A term generally used by the richer people in referring to those of

poorer condition who lived in the woods, especially those whose abodes

were some distance from the river. (Statement of W. G. Stanard,

Secretary of the Virginia Historical Society and Dr. H. J. Eckenrode of

Richmond College, and formerly Archivist of the Virginia State Library.)

There were, however, Virginia estates called "The Forest." For example,

Jefferson's father-in-law, John Wayles, a wealthy man, lived in "The

Forest."

[46] Will of John Marshall "of the forest," made April 1, 1752, probated

May 26, 1752, and recorded June 22, 1752; Records of Westmoreland

County, Deeds and Wills, xi, 419 _et seq._ (Appendix II.)

[47] _Ib._, 421.

[48] _Autobiography_. Marshall gives the ancestry of his wife more fully

and specifically. See _infra_, chap. V.

[49] Will of Thomas Marshall, "carpenter," probated May 31, 1704;

Records of Westmoreland County, Deeds and Wills, iii, 232 _et seq._

(Appendix I.)

[50] Most curiously, precisely this is true of Thomas Jefferson's

paternal ancestry.

[51] There is a family tradition that the first of this particular

Marshall family in America was a Royalist Irish captain who fought under

Charles I and came to America when Cromwell prevailed. This may or may

not be true. Certainly no proof of it has been discovered. The late

Wilson Miles Cary, whose authority is unquestioned in genealogical

problems upon which he passed judgment, decided that "the Marshall

family begins absolutely with Thomas Marshall, 'Carpenter.'" (The Cary

Papers, MSS., Va. Hist. Soc. The _Virginia Magazine of History and

Biography_ is soon to publish these valuable genealogical papers.)

Within comparatively recent years, this family tradition has been

ambitiously elaborated. It includes among John Marshall's ancestors

William le Mareschal, who came to England with the Conqueror; the

celebrated Richard de Clare, known as "Strongbow"; an Irish king,

Dermont; Sir William Marshall, regent of the kingdom of England and

restorer of Magna Charta; a Captain John Marshall, who distinguished

himself at the siege of Calais in 1558; and finally, the Irish captain

who fought Cromwell and fled to Virginia as above mentioned. (Paxton, 7

_et seq._)

Senator Humphrey Marshall rejected this story as "a myth supported by

vanity." (_Ib._) Colonel Cary declares that "there is no evidence

whatever in support of it." (Cary Papers, MSS.) Other painstaking

genealogists have reached the same conclusion. (See, for instance,

General Thomas M. Anderson's analysis of the subject in _Va. Mag. Hist.

and Biog._, xii, 328 _et seq._)

Marshall himself, of course, does not notice this legend in his

_Autobiography_; indeed, it is almost certain that he never heard of it.

In constructing this picturesque genealogical theory, the kinship of

persons separated by centuries is assumed largely because of a

similarity of names. This would not seem to be entirely convincing.

There were many Marshalls in Virginia no more related to one another

than the various unrelated families by the name of Smith. Indeed,

_maréchal_ is the French word for a "shoeing smith."

For example, there lived in Westmoreland County, at the same time with

John Marshall "of the forest," another John Marshall, who died intestate

and the inventory of whose effects was recorded March 26, 1751, a year

before John Marshall "of the forest" died. These two John Marshalls do

not seem to have been kinsmen.

The only prominent person in Virginia named Marshall in 1723-34 was a

certain Thomas Marshall who was a member of the colony's House of

Burgesses during this period; but he was from Northampton County.

(Journal, H.B. (1712-23), xi; _ib._ (1727-40), viii, and 174.) He does

not appear to have been related in any way to John "of the forest."

There were numerous Marshalls who were officers in the Revolutionary War

from widely separated colonies, apparently unconnected by blood or

marriage. For instance, there were Abraham, David, and Benjamin Marshall

from Pennsylvania; Christopher Marshall from Massachusetts; Dixon

Marshall from North Carolina; Elihu Marshall from New York, etc.

(Heitman, 285.)

At the same time that John Marshall, the subject of this work, was

captain in a Virginia regiment, two other John Marshalls were captains

in Pennsylvania regiments. When Thomas Marshall of Virginia was an

officer in Washington's army, there were four other Thomas Marshalls,

two from Massachusetts, one from South Carolina, and one from Virginia,

all Revolutionary officers. (_Ib._)

When Stony Point was taken by Wayne, among the British prisoners

captured was Lieutenant John Marshall of the 17th Regiment of British

foot (see Dawson, 86); and Captain John Marshall of Virginia was one of

the attacking force. (See _infra_, chap. IV.)

In 1792, John Marshall of King and Queen County, a boatswain, was a

Virginia pensioner. (_Va. Hist. Prs._, v, 544.) He was not related to

John Marshall, who had become the leading Richmond lawyer of that time.

While Hamilton was Secretary of the Treasury he received several letters

from John Marshall, an Englishman, who was in this country and who wrote

Hamilton concerning the subject of establishing manufactories. (Hamilton

MSS., Lib. Cong.)

Illustrations like these might be continued for many pages. They merely

show the danger of inferring relationship because of the similarity of

names, especially one so general as that of Marshall.

[52] The Cary Papers, _supra_. Here again the Marshall legend riots

fantastically. This time it makes the pirate Blackbeard the first

husband of Marshall's paternal grandmother; and with this freebooter she

is said to have had thrilling and melancholy experiences. It deserves

mention only as showing the absurdity of such myths. Blackbeard was one

Edward Teach, whose career is well authenticated (Wise, 186.) Colonel

Cary put a final quietus on this particular tale, as he did on so many

other genealogical fictions.

[53] See Douglas: _Peerage of Scotland_ (1764), 448. Also Burke:

_Peerage_ (1903), 895; and _ib._ (1876). This peerage is now extinct.

See Burke: _Extinct Peerages_.

[54] For appreciation of this extraordinary man see Carlyle's _Frederick

the Great_.

[55] Paxton, 30.

[56] From data furnished by Justice James Keith, President of the Court

of Appeals of Virginia.

[57] Paxton, 30; and see Meade, ii, 216.

[58] Data furnished by Thomas Marshall Smith of Baltimore, Md.

[59] With this lady the tradition deals most unkindly and in highly

colored pictures. An elopement, the deadly revenge of outraged brothers,

a broken heart and resulting insanity overcome by gentle treatment, only

to be reinduced in old age by a fraudulent Enoch Arden letter apparently

written by the lost love of her youth--such are some of the incidents

with which this story clothes Marshall's maternal grandmother. (Paxton,

25-26.)

[60] _Autobiography._

[61] In general, Virginia women at this time had very little education

(Burnaby, 57.) Sometimes the daughters of prominent and wealthy families

could not read or write. (Bruce: _Inst._, i, 454-55.) Even forty years

after John Marshall was born, there was but one girls' school in

Virginia. (La Rochefoucauld, iii, 227.) In 1789, there were very few

schools of any kind in Virginia, it appears. (Journal, H.B. (Dec. 14,

1789), 130; and see _infra_, chap. VI.)

[62] Paxton, 30. Marischal College, Aberdeen, was founded by George

Keith, Fifth Earl Marischal (1593).

[63] See _infra_, chap. II. When Leeds Parish was organized, we find

Thomas Marshall its leading vestryman. He was always a stanch churchman.

[64] Jones, 35; Burnaby,58. But see Maxwell in _William and Mary College

Quarterly_, xix, 73-103; and see Bruce: _Econ._, i, 425, 427, 585, 587.

[65] "Though tobacco exhausts the land to a prodigious degree, the

proprietors take no pains to restore its vigor; they take what the soil

will give and abandon it when it gives no longer. They like better to

clear new lands than to regenerate the old." (De Warville, 439; and see

Fithian, 140.)

The land produced only "four or five bushels of wheat per acre or from

eight to ten of Indian corn. These fields are never manured, hardly even

are they ploughed; and it seldom happens that their owners for two

successive years exact from them these scanty crops.... The country ...

everywhere exhibits the features of laziness, of ignorance, and

consequently of poverty." (La Rochefoucauld, iii, 106-07, describing

land between Richmond and Petersburg, in 1797; and see Schoepf, ii, 32,

48; and Weld, i, 138, 151.)

[66] Burnaby, 45, 59. The estate of Richard Randolph of Curels, in 1742

embraced "not less than forty thousand acres of the choicest lands."

(Garland, i, 7.) The mother of George Mason bought ten thousand acres in

Loudoun County for an insignificant sum. (Rowland, i, 51.) The Carter

plantation in 1774 comprised sixty thousand acres and Carter owned six

hundred negroes. (Fithian, 128.) Compare with the two hundred acres and

few slaves of John Marshall "of the forest," _supra_.

Half a century later the very best lands in Virginia with valuable mines

upon them sold for only eighteen dollars an acre. (La Rochefoucauld,

iii, 124.) For careful account of the extent of great holdings in the

seventeenth century see Wertenbaker: _P. and P._, 34-35, 97-99.

Jefferson in 1790 owned two hundred slaves and ten thousand acres of

very rich land on the James River. (Jefferson to Van Staphorst, Feb. 28,

1790; _Works_: Ford, vi, 33.) Washington owned enormous quantities of

land, and large numbers of slaves. His Virginia holdings alone amounted

to thirty-five thousand acres. (Beard: _Econ. I. C._, 144.)

[67] Burnaby, 54.

[68] In the older counties the slaves outnumbered the whites; for

instance, in 1790 Westmoreland County had 3183 whites, 4425 blacks, and

114 designated as "all others." In 1782 in the same county 410

slave-owners possessed 4536 slaves and 1889 horses. (_Va. Mag. Hist. and

Biog._, x, 229-36.)

[69] Ambler, 11. The slaves of some planters were valued at more than

thirty thousand pounds sterling. (Fithian, 286; and Schoepf, ii, 38;

also, Weld, i, 148.)

[70] Robert Carter was a fine example of this rare type. (See Fithian,

279-80.)

[71] Burnaby, 53-54 and 59. "The Virginians ... are an indolent haughty

people whose thoughts and designs are directed solely towards p[l]aying

the lord, owning great tracts of land and numerous troops of slaves. Any

man whatever, if he can afford so much as 2-3 [two or three] negroes,

becomes ashamed of work, and goes about in idleness, supported by his

slaves." (Schoepf, ii, 40.)

[72] "Notes on Virginia"; _Works_: Ford, iv, 82-83. See La

Rochefoucauld, iii, p. 161, on Jefferson's slaves.

[73] Jefferson to Chastellux, Sept. 2, 1785; _Thomas Jefferson

Correspondence_, Bixby Collection: Ford, 12; and see Jefferson's

comparison of the sections of the country, _ib._ and _infra_, chap. VI.

[74] "Many of the wealthier class were to be seen seeking relief from

the vacuity of idleness, not merely in the allowable pleasures of the

chase and the turf, but in the debasing ones of cock-fighting, gaming,

and drinking." (Tucker, i, 18; and see La Rochefoucauld, iii, 77; Weld,

i, 191; also _infra_, chap. VII, and references there given.)

[75] Jones, 48, 49, and 52; Chastellux, 222-24; also, translator's note

to _ib._, 292-93. The following order from the Records of the Court of

Rappahannock County, Jan. 2, 1688 (_sic_), p. 141, is illustrative:--

"It having pleased Almighty God to bless his Royall Mahst. with the

birth of a son & his subjects with a Prince of Wales, and for as much as

his Excellency hath sett apart the 16th. day of this Inst. Janr'y. for

solemnizing the same. To the end therefore that it may be don with all

the expressions of joy this County is capable of, this Court have

ordered that Capt. Geo. Taylor do provide & bring to the North Side

Courthouse for this county as much Rum or other strong Liquor with sugar

proportionable as shall amount to six thousand five hundred pounds of

Tobb. to be distributed amongst the Troops of horse, Compa. of foot and

other persons that shall be present at the Sd. Solemnitie. And that the

said sum be allowed him at the next laying of the Levey. As also that

Capt. Samll. Blomfield provide & bring to the South side Courthouse for

this county as much Rum or other strong Liquor Wth. sugar proportionable

as shall amount to three thousand five hundred pounds of Tobb. to be

distributed as above att the South side Courthouse, and the Sd. sum to

be allowed him at the next laying of the Levey."

And see Bruce: _Econ._, ii, 210-31; also Wise, 320, 327-29. Although

Bruce and Wise deal with a much earlier period, drinking seems to have

increased in the interval. (See Fithian, 105-14, 123.)

[76] As in Massachusetts, for instance. "In most country towns ... you

will find almost every other house with a sign of entertainment before

it.... If you sit the evening, you will find the house full of people,

drinking drams, flip, toddy, carousing, swearing." (John Adams's

_Diary_, describing a New England county, in 1761; _Works_: Adams, ii,

125-26. The Records of Essex County, Massachusetts, now in process of

publication by the Essex Institute, contain many cases that confirm the

observation of Adams.)

[77] Meade, i, 52-54; and see Schoepf, ii, 62-63.

[78] Wise, 317-19; Bruce: _Inst._, i, 308-15.

[79] Bruce: _Inst._, i, 317-22; and see especially, _Va. Mag. Hist. and

Biog._, ii, 196 _et seq._

[80] _Ib._, 323-30; also Fithian, 50 _et seq._

[81] Bruce: _Inst._, i, 331-42.

[82] _Ib._, 452-53.

[83] _Ib._, 456-57. Bruce shows that two thirds of the women who joined

in deeds could not write. This, however, was in the richer section of

the colony at a much earlier period. Just before the Revolution Virginia

girls, even in wealthy families, "were simply taught to read and write

at 25/ [shillings] and a load of wood per year--A boarding school was

no where in Virginia to be found." (Mrs. Carrington to her sister Nancy;

MS.) Part of this letter appears in the _Atlantic Monthly_ series cited

hereafter (see chap. V); but the teacher's pay is incorrectly printed as

"pounds" instead of "shillings." (_Atlantic Monthly_, lxxxiv, 544-45.)

[84] Bruce: _Inst._, i, 402-42; and see Wise, 313-15. Professor Tucker

says that "literature was neglected, or cultivated, by the small number

who had been educated in England, rather as an accomplishment and a mark

of distinction than for the substantial benefits it confers." (Tucker,

i, 18.)

[85] Fithian, 177.

[86] See catalogue in _W. and M. C. Q._, x and xi.

[87] See catalogue in Appendix A to Byrd's _Writings_: Bassett.

[88] See catalogue of John Adams's Library, in the Boston Public

Library.

[89] Ambler, 9; and see Wise, 68-70.

[90] Trustworthy data on this subject is given in the volumes of the

_Va. Mag. Hist. and Biog._; see also _W. and M. C. Q._

[91] Wertenbaker: _P. and P._, 14-20. But see William G. Stanard's

exhaustive review of Mr. Wertenbaker's book in _Va. Mag. Hist. and

Biog._, xviii, 339-48.

[92] "One hundred young maids for wives, as the former ninety sent. One

hundred boys more for apprentices likewise to the public tenants. One

hundred servants to be disposed among the old planters which they

exclusively desire and will pay the company their charges." (_Virginia

Company Records_, i, 66; and see Fithian, 111.)

[93] For the understanding in England at that period of the origin of

this class of Virginia colonists see Defoe: _Moll Flanders_, 65 _et

seq._ On transported convicts see _Amer. Hist. Rev._, ii. 12 _et seq._

For summary of the matter see Channing, i, 210-14, 226-27.

[94] Fithian to Greene, Dec. 1, 1773; Fithian, 280.

[95] Fithian to Peck, Aug. 12, 1774; Fithian, 286-88; and see Professor

Tucker's searching analysis in Tucker, i, 17-22; also see Lee, in Ford:

_P. on C._, 296-97. As to a genuinely aristocratic _group_, the New York

patroons were, perhaps, the most distinct in the country.

[96] Wertenbaker: _P. and P._, 14-20; also _Va. Mag. Hist. and Biog._,

xviii, 339-48.

[97] For accounts of brutal physical combats, see Anburey, ii, 310 _et

seq._ And for dueling, though at an earlier period, see Wise, 329-31.

The practice of dueling rapidly declined; but fighting of a violent and

often repulsive character persisted, as we shall see, far into the

nineteenth century. Also, see La Rochefoucauld, Chastellux, and other

travelers, _infra_, chap. VII.

[98] Schoepf, i, 261; and see references, _infra_, chap. VII.

[99] After Braddock's defeat the Indians "extended their raids ...

pillaging and murdering in the most ruthless manner.... The whole

country from New York to the heart of Virginia became the theatre of

inhuman barbarities and heartless destruction." (Lowdermilk, 186.)

[100] Although the rifle did not come into general use until the

Revolution, the firearms of this period have been so universally

referred to as "rifles" that I have, for convenience, adopted this

inaccurate term in the first two chapters.

[101] "Their actions are regulated by the wildness of the neighbourhood.

The deer often come to eat their grain, the wolves to destroy their

sheep, the bears to kill their hogs, the foxes to catch their poultry.

This surrounding hostility immediately puts the gun into their

hands,... and thus by defending their property, they soon become

professed hunters; ... once hunters, farewell to the plough. The chase

renders them ferocious, gloomy, and unsociable; a hunter wants no

neighbour, he rather hates them.... The manners of the Indian natives

are respectable, compared with this European medley. Their wives and

children live in sloth and inactivity.... You cannot imagine what an

effect on manners the great distance they live from each other has....

Eating of wild meat ... tends to alter their temper.... I have seen it."

(Crèvecoeur, 66-68.) Crèvecoeur was himself a frontier farmer.

(_Writings_: Sparks, ix, footnote to 259.)

[102] "Many families carry with them all their decency of conduct,

purity of morals, and respect of religion; but these are scarce."

(Crèvecoeur, 70.) Crèvecoeur says his family was one of these.

[103] This bellicose trait persisted for many years and is noted by all

contemporary observers.

The Life of John Marshall, Volume 1: Frontiersman, soldier, lawmaker, 1755-1788 · 第 1 / 12 章