CHAPTER II

A FRONTIER EDUCATION

"Come to me," quoth the pine tree,

"I am the giver of honor." (Emerson.)

I do not think the greatest things have been done for the world by

its bookmen. Education is not the chips of arithmetic and grammar.

(Wendell Phillips.)

John Marshall was never out of the simple, crude environment of the near

frontier for longer than one brief space of a few months until his

twentieth year, when, as lieutenant of the famous Culpeper Minute Men,

he marched away to battle. The life he had led during this period

strengthened that powerful physical equipment which no strain of his

later years seemed to impair; and helped to establish that extraordinary

nervous equilibrium which no excitement or contest ever was able to

unbalance.[104] This foundation part of his life was even more

influential on the forming mind and spiritual outlook of the growing

youth.

Thomas Marshall left the little farm of poor land in Westmoreland County

not long after the death of his father, John Marshall "of the forest."

This ancestral "estate" had no attractions for the enterprising young

man. Indeed, there is reason for thinking that he abandoned it.[105] He

lifted his first rooftree in what then were still the wilds of Prince

William County.[106] There we find him with his young wife, and there in

the red year of British disaster his eldest son was born. The cabin has

long since disappeared, and only a rude monument of native stone,

erected by college students in recent years, now marks the supposed site

of this historic birthplace.

The spot is a placid, slumberous countryside. A small stream runs hard

by. In the near distance still stands one of the original cabins of

Spotswood's Germans.[107] But the soil is not generous. When Thomas

Marshall settled there the little watercourse at the foot of the gentle

slope on which his cabin stood doubtless ran bank-full; for in 1754 the

forests remained thick and unviolated about his cabin,[108] and fed the

waters from the heavy rains in restrained and steady flow to creek and

river channels. Amidst these surroundings four children of Thomas

Marshall and Mary Keith were born.[109]

The sturdy young pioneer was not content to remain permanently at

Germantown. A few years later found him building another home about

thirty miles farther westward, in a valley in the Blue Ridge

Mountains.[110] Here the elder son spent the critical space of life from

childhood to his eighteenth year. This little building still stands,

occupied by negroes employed on the estate of which it forms a part. The

view from it even now is attractive; and in the days of John Marshall's

youth must have been very beautiful.

The house is placed on a slight rise of ground on the eastern edge of

the valley. Near by, to the south and closer still to the west, two

rapid mountain streams sing their quieting, restful song. On all sides

the Blue Ridge lifts the modest heights of its purple hills. This valley

at that time was called "The Hollow," and justly so; for it is but a cup

in the lazy and unambitious mountains. When the eldest son first saw

this frontier home, great trees thickly covered mountain, hill, and

glade, and surrounded the meadow, which the Marshall dwelling

overlooked, with a wall of inviting green.[111]

Two days by the very lowest reckoning it must have taken Thomas Marshall

to remove his family to this new abode. It is more likely that three or

four days were consumed in the toilsome task. The very careful maps of

the British survey at that time show only three roads in all immense

Prince William County.[112] On one of these the Marshalls might have

made their way northward, and on another, which it probably joined, they

could have traveled westward. But these trails were primitive and

extremely difficult for any kind of vehicle.[113]

Some time before 1765, then, rational imagination can picture a strong,

rude wagon drawn by two horses crawling along the stumpy,

rock-roughened, and mud-mired road through the dense woods that led in

the direction of "The Hollow." In the wagon sat a young woman.[114] By

her side a sturdy, red-cheeked boy looked out with alert but quiet

interest showing from his brilliant black eyes; and three other children

cried their delight or vexation as the hours wore on. In this wagon,

too, were piled the little family's household goods; nor did this make a

heavy load, for all the Lares and Penates of a frontier settler's family

in 1760 would not fill a single room of a moderately furnished household

in the present day.

[Illustration: _"The Hollow," Markham, Virginia_

_John Marshall's boyhood home._]

By the side of the wagon strode a young man dressed in the costume of

the frontier. Tall, broad-shouldered, lithe-hipped, erect, he was a very

oak of a man. His splendid head was carried with a peculiar dignity; and

the grave but kindly command that shone from his face, together with the

brooding thoughtfulness and fearless light of his striking eyes, would

have singled him out in any assemblage as a man to be respected and

trusted. A negro drove the team, and a negro girl walked behind.[115]

So went the Marshalls to their Blue Ridge home. It was a commodious one

for those days. Two rooms downstairs, one fifteen feet by sixteen, the

other twelve by fourteen, and above two half-story lofts of the same

dimensions, constituted this domestic castle. At one end of the larger

downstairs room is a broad and deep stone fireplace, and from this rises

a big chimney of the same material, supporting the house on the

outside.[116]

Thomas and Mary Marshall's pride and aspiration, as well as their social

importance among the settlers, are strongly shown by this frontier

dwelling. Unlike those of most of the other backwoodsmen, it was not a

log cabin, but a frame house built of whip-sawed uprights and

boards.[117] It was perhaps easier to construct a one and a half story

house with such materials; for to lift heavy timbers to such a height

required great effort.[118] But Thomas Marshall's social, religious, and

political status[119] in the newly organized County of Fauquier were the

leading influences that induced him to build a house which, for the

time and place, was so pretentious. A small stone "meat house," a

one-room log cabin for his two negroes, and a log stable, completed the

establishment.

In such an abode, and amidst such surroundings, the fast-growing

family[120] of Thomas Marshall lived for more than twelve years. At

first neighbors were few and distant. The nearest settlements were at

Warrenton, some twenty-three miles to the eastward, and Winchester, a

little farther over the mountains to the west.[121] But, with the horror

of Braddock's defeat subdued by the widespread and decisive counter

victories, settlers began to come into the country on both sides of the

Blue Ridge. These were comparatively small farmers, who, later on,

became raisers of wheat, corn, and other cereals, rather than tobacco.

Not until John Marshall had passed his early boyhood, however, did these

settlers become sufficiently numerous to form even a scattered

community, and his early years were enlivened with no child

companionship except that of his younger brothers and sisters. For the

most part his days were spent, rifle in hand, in the surrounding

mountains, and by the pleasant waters that flowed through the valley of

his forest home. He helped his mother, of course, with her many labors,

did the innumerable chores which the day's work required, and looked

after the younger children, as the eldest child always must do. To his

brothers and sisters as well as to his parents, he was devoted with a

tenderness peculiar to his uncommonly affectionate nature and they, in

turn, "fairly idolized" him.[122]

There were few of those minor conveniences which we to-day consider the

most indispensable of the simplest necessities. John Marshall's mother,

like most other women of that region and period, seldom had such things

as pins; in place of them use was made of thorns plucked from the bushes

in the woods.[123] The fare, naturally, was simple and primitive. Game

from the forest and fish from the stream were the principal articles of

diet. Bear meat was plentiful.[124] Even at that early period, salt pork

and salt fish probably formed a part of the family's food, though not

to the extent to which such cured provisions were used by those of the

back country in later years, when these articles became the staple of

the border.[125]

Corn meal was the basis of the family's bread supply. Even this was not

always at hand, and corn meal mush was welcomed with a shout by the

clamorous brood with which the little cabin soon fairly swarmed. It

could not have been possible for the Marshall family in their house on

Goose Creek to have the luxury of bread made from wheat flour. The

clothing of the family was mostly homespun. "Store goods," whether food,

fabric, or utensil, could be got to Thomas Marshall's backwoods dwelling

only with great difficulty and at prohibitive expense.[126]

But young John Marshall did not know that he was missing anything. On

the contrary, he was conscious of a certain wealth not found in cities

or among the currents of motion. For ever his eye looked out upon noble

yet quieting, poetic yet placid, surroundings. Always he could have the

inspiring views from the neighboring heights, the majestic stillness of

the woods, the soothing music of meadow and stream. So uplifted was the

boy by the glory of the mountains at daybreak that he always rose while

the eastern sky was yet gray.[127] He was thrilled by the splendor of

sunset and never tired of watching it until night fell upon the vast and

somber forests. For the boy was charged with poetic enthusiasm, it

appears, and the reading of poetry became his chief delight in youth and

continued to be his solace and comfort throughout his long life;[128]

indeed, Marshall liked to make verses himself, and never outgrew the

habit.

There was in him a rich vein of romance; and, later on, this manifested

itself by his passion for the great creations of fiction. Throughout his

days he would turn to the works of favorite novelists for relaxation and

renewal.[129]

The mental and spiritual effects of his surroundings on the forming mind

and unfolding soul of this young American must have been as lasting and

profound as were the physical effects on his body.[130] His environment

and his normal, wholesome daily activities could not have failed to do

its work in building the character of the growing boy. These and his

sound, steady, and uncommonly strong parentage must, perforce, have

helped to give him that courage for action, that balanced vision for

judgment, and that serene outlook on life and its problems, which were

so notable and distinguished in his mature and rugged manhood.

Lucky for John Marshall and this country that he was not city born and

bred; lucky that not even the small social activities of a country town

drained away a single ohm of his nervous energy or obscured with lesser

pictures the large panorama which accustomed his developing intelligence

to look upon big and simple things in a big and simple way.

There were then no public schools in that frontier[131] region, and

young Marshall went untaught save for the instruction his parents gave

him. For this task his father was unusually well equipped, though not by

any formal schooling. All accounts agree that Thomas Marshall, while not

a man of any learning, had contrived to acquire a useful though limited

education, which went much further with a man of his well-ordered mind

and determined will than a university training could go with a man of

looser fiber and cast in smaller mould. The father was careful,

painstaking, and persistent in imparting to his children and

particularly to John all the education he himself could acquire.

Between Thomas Marshall and his eldest son a mutual sympathy, respect,

and admiration existed, as uncommon as it was wholesome and beneficial.

"My father," often said John Marshall, "was a far abler man than any of

his sons."[132] In "his private and familiar conversations with me,"

says Justice Story, "when there was no other listener ... he never named

his father ... without dwelling on his character with a fond and winning

enthusiasm ... he broke out with a spontaneous eloquence ... upon his

virtues and talents."[133] Justice Story wrote a sketch of Marshall for

the "National Portrait Gallery," in which Thomas Marshall is highly

praised. In acknowledging the receipt of the magazine, Marshall wrote:

"I am particularly gratified by the terms in which you speak of my

father. If any contemporary, who knew him in the prime of manhood,

survived, he would confirm all you say."[134]

So whether at home with his mother or on surveying trips with his

father, the boy continually was under the influence and direction of

hardy, clear-minded, unusual parents. Their lofty and simple ideals,

their rational thinking, their unbending uprightness, their religious

convictions--these were the intellectual companions of John Marshall's

childhood and youth. While too much credit has not been given Thomas

Marshall for the training of the eldest son, far too little has been

bestowed on Mary Randolph Keith, who was, in all things, the equal of

her husband.

Although, as we have seen, many books were brought into eastern Virginia

by the rich planters, it was difficult for the dwellers on the frontier

to secure any reading material. Most books had to be imported, were

very expensive, and, in the back country, there were no local sources of

supply where they could be purchased. Also, the frontier settlers had

neither the leisure nor, it appears, the desire for reading[135] that

distinguished the wealthy landlords of the older parts of the

colony.[136] Thomas Marshall, however, was an exception to his class in

his eagerness for the knowledge to be gathered from books and in his

determination that his children should have those advantages which

reading gives.

So, while his small house in "The Hollow" of the Blue Ridge probably

contained not many more books than children, yet such volumes as were on

that frontier bookshelf were absorbed and made the intellectual

possession of the reader. The Bible was there, of course; and probably

Shakespeare also.[137] The only book which positively is known to have

been a literary companion of John Marshall was a volume of Pope's poems.

He told Justice Story that, by the time he was twelve years old (1767),

he had copied every word of the "Essay on Man" and other of Pope's moral

essays, and had committed to memory "many of the most interesting

passages."[138] This would seem to prove that not many other attractive

books were at the boyhood hands of so eager a reader of poetry and

fiction as Marshall always was. It was quite natural that this volume

should be in that primitive household; for, at that time, Pope was more

widely read, admired, and quoted than any other writer either of poetry

or prose.[139]

For those who believe that early impressions are important, and who wish

to trace John Marshall's mental development back to its sources, it is

well to spend a moment on that curious work which Pope named his "Essay

on Man." The natural bent of the youth's mind was distinctively logical

and orderly, and Pope's metred syllogisms could not but have appealed to

it powerfully. The soul of Pope's "Essay" is the wisdom of and necessity

for order; and it is plain that the boy absorbed this vital message and

made it his own. Certain it is that even as a beardless young soldier,

offering his life for his country's independence, he already had grasped

the master truth that order is a necessary condition of liberty and

justice.

It seems probable, however, that other books were brought to this

mountain fireside. There was a limited store within his reach from which

Thomas Marshall could draw. With his employer and friend, George

Washington,[140] he was often a visitor at the wilderness home of Lord

Fairfax just over the Blue Ridge. Washington availed himself of the

Fairfax Library,[141] and it seems reasonable that Thomas Marshall did

the same. It is likely that he carried to his Blue Ridge dwelling an

occasional Fairfax volume carefully selected for its usefulness in

developing his own as well as his children's minds.

This contact with the self-expatriated nobleman had more important

results, however, than access to his books. Thomas Marshall's life was

profoundly influenced by his early and intimate companionship with the

well-mannered though impetuous and headstrong young Washington, who

engaged him as assistant surveyor of the Fairfax estate.[142] From youth

to manhood, both had close association with Lord Fairfax, who gave

Washington his first employment and secured for him the appointment by

the colonial authorities as public surveyor.[143] Washington was related

by marriage to the proprietor of the Northern Neck, his brother Lawrence

having married the daughter of William Fairfax. When their father died,

Lawrence Washington took the place of parent to his younger

brother;[144] and in his house the great landowner met George

Washington, of whom he became very fond. For more than three years the

youthful surveyor passed most of his time in the Blue Ridge part of the

British nobleman's vast holdings,[145] and in frequent and intimate

contact with his employer. Thus Thomas Marshall, as Washington's

associate and helper, came under the guidance and example of Lord

Fairfax.

The romantic story of this strange man deserves to be told at length,

but only a résumé is possible here. This summary, however, must be given

for its bearing on the characters of George Washington and Thomas

Marshall, and, through them, its formative influence on John

Marshall.[146]

Lord Fairfax inherited his enormous Virginia estate from his mother, the

daughter of Lord Culpeper, the final grantee of that kingly domain. This

profligate grant of a careless and dissolute monarch embraced some five

million acres between the Potomac and Rappahannock Rivers back to a

straight line connecting the sources of these streams. While the young

heir of the ancient Fairfax title was in Oxford, his father having died,

his mother and grandmother, the dowager Ladies Fairfax and Culpeper,

forced him to cut off the entail of the extensive Fairfax estates in

England in order to save the heavily mortgaged Culpeper estates in the

same country; and as compensation for this sacrifice, the noble Oxford

student was promised the inheritance of this wild Virginia forest

principality.

Nor did the youthful baron's misfortunes end there. The lady of his

heart had promised to become his bride, the wedding day was set, the

preparations made. But before that hour of joy arrived, this fickle

daughter of ambition received an offer to become a duchess instead of a

mere baroness, and, throwing over young Fairfax without delay, she

embraced the more exalted station offered her.

These repeated blows of adversity embittered the youthful head of the

illustrious house of Fairfax against mother and grandmother, and, for

the time being, all but against England itself. So, after some years of

management of his Virginia estate by his cousin, William, who was in

Government employ in America, Lord Fairfax himself left England forever,

came to Virginia, took personal charge of his inherited holdings, and

finally established himself at its very outskirts on the savage

frontier. In the Shenandoah Valley, near Winchester, he built a small

house of native stone and called it Greenway Court,[147] after the

English fashion; but it never was anything more than a hunting

lodge.[148]

From this establishment he personally managed his vast estates, parting

with his lands to settlers on easy terms. His tenants generally were

treated with liberality and consideration. If any land that was leased

or sold did not turn out as was expected by the purchaser or lessee,

another and better tract would be given in its place. If money was

needed for improvements, Lord Fairfax advanced it. His excess revenues

were given to the poor. So that the Northern Neck under Lord Fairfax's

administration became the best settled, best cultivated, and best

governed of all the upper regions of the colony.[149]

Through this exile of circumstance, Fate wove another curious thread in

the destiny of John Marshall. Lord Fairfax was the head of that ancient

house whose devotion to liberty had been proved on many a battlefield.

The second Lord Fairfax commanded the Parliamentary forces at Marston

Moor. The third Lord Fairfax was the general of Cromwell's army and the

hero of Naseby. So the proprietor of the Northern Neck, who was the

sixth Lord Fairfax, came of blood that had been poured out for human

rights. He had, as an inheritance of his house, that love of liberty for

which his ancestors had fought.[150]

But much as he hated oppression, Lord Fairfax was equally hostile to

disorder and upheaval; and his forbears had opposed these even to the

point of helping restore Charles II to the throne. Thus the Virginia

baron's talk and teaching were of liberty with order, independence with

respect for law.[151]

He loved literature and was himself no mean writer, his contributions

while he was in the University having been accepted by the

"Spectator."[152] His example instructed his companions in manners, too,

and schooled them in the speech and deportment of gentlemen. All who met

George Washington in his mature years were impressed by his correct if

restricted language, his courtly conduct, and his dignified if rigid

bearing. Much of this was due to his noble patron.[153]

Thomas Marshall was affected in the same way and by the same cause.

Pioneer and backwoodsman though he was, and, as we shall see, true to

his class and section, he yet acquired more balanced ideas of liberty,

better manners, and finer if not higher views of life than the crude,

rough individualists who inhabited the back country. As was the case

with Washington, this intellectual and moral tendency in Thomas

Marshall's development was due, in large measure, to the influence of

Lord Fairfax. While it cannot be said that George Washington imitated

the wilderness nobleman, yet Fairfax undoubtedly afforded his protégé a

certain standard of living, thinking, and acting; and Thomas Marshall

followed the example set by his fellow surveyor.[154] Thus came into the

Marshall household a different atmosphere from that which pervaded the

cabins of the Blue Ridge.

All this, however, did not make for his unpopularity among Thomas

Marshall's distant, scattered, and humbly placed neighbors. On the

contrary, it seems to have increased the consideration and respect which

his native qualities had won for him from the pioneers. Certainly Thomas

Marshall was the foremost man in Fauquier County when it was established

in 1759. He was almost immediately elected to represent the county in

the Virginia House of Burgesses;[155] and, six years later, he was

appointed Sheriff by Governor Fauquier, for whom the county was

named.[156] The shrievalty was, at that time, the most powerful local

office in Virginia; and the fees and perquisites of the place made it

the most lucrative.[157]

By 1765 Thomas Marshall felt himself sufficiently established to acquire

the land where he had lived since his removal from Germantown. In the

autumn of that year he leased from Thomas Ludwell Lee and Colonel

Richard Henry Lee the three hundred and thirty acres on Goose Creek

"whereon the said Thomas Marshall now lives." The lease was "for and

during the natural lives of ... Thomas Marshall, Mary Marshall his wife,

and John Marshall his son and ... the longest liver of them." The

consideration was "five shillings current money in hand paid" and a

"yearly rent of five pounds current money, and the quit rents and Land

Tax."[158]

In 1769 Leeds Parish, embracing Fauquier County, was established.[159]

Of this parish Thomas Marshall became the principal vestryman.[160] This

office supplemented, in dignity and consequence, that of sheriff; the

one was religious and denoted high social status, the other was civil

and evidenced political importance.[161] The occupancy of both marked

Thomas Marshall as the chief figure in the local government and in the

social and political life of Fauquier County, although the holding of

the superior office of burgess left no doubt as to his leadership. The

vestries had immense influence in the civil affairs of the parish and

the absolute management of the practical business of the established

(Episcopal) church.[162] Among the duties and privileges of the vestry

was that of selecting and employing the clergyman.[163]

The vestry of Leeds Parish, with Thomas Marshall at its head, chose for

its minister a young Scotchman, James Thompson, who had arrived in

Virginia a year or two earlier. He lived at first with the Marshall

family.[164] Thus it came about that John Marshall received the first of

his three short periods of formal schooling; for during his trial year

the young[165] Scotch deacon returned Thomas Marshall's hospitality by

giving the elder children such instruction as occasion offered,[166] as

was the custom of parsons, who always were teachers as well as

preachers. We can imagine the embryo clergyman instructing the eldest

son under the shade of the friendly trees in pleasant weather or before

the blazing logs in the great fireplace when winter came. While living

with the Marshall family, he doubtless slept with the children in the

half-loft[167] of that frontier dwelling.

There was nothing unusual about this; indeed, circumstances made it the

common and unavoidable custom. Washington tells us that in his surveying

trips, he frequently slept on the floor in the room of a settler's cabin

where the fireplace was and where husband, wife, children, and visitors

stretched themselves for nightly rest; and he remarks that the person

was lucky who got the spot nearest the fireplace.[168]

At the end of a year the embryo Scottish clergyman's character, ability,

and services having met the approval of Thomas Marshall and his fellow

vestrymen, Thompson returned to England for orders.[169] So ended John

Marshall's first instruction from a trained teacher. His pious tutor

returned the next year, at once married a young woman of the Virginia

frontier, and settled on the glebe near Salem, where he varied his

ministerial duties by teaching such children of his parishioners as

could get to him. It may be that John Marshall was among them.[170]

In the light they throw upon the Marshall family, the political opinions

of Mr. Thompson are as important as was his teaching. True to the

impulses of youth, he was a man of the people, ardently championed their

cause, and was fervently against British misrule, as was his principal

vestryman. Five years later we find him preaching a sermon on the

subject so strong that a part of it has been preserved.[171]

Thus the years of John Marshall's life sped on until his eighteenth

birthday. By this time Thomas Marshall's rapidly growing prosperity

enabled him to buy a larger farm in a more favorable locality. In

January, 1773, he purchased from Thomas Turner seventeen hundred acres

adjacent to North Cobler Mountain, a short distance to the east of his

first location in "The Hollow."[172] For this plantation he paid "nine

hundred and twelve pounds ten shillings current money of Virginia." Here

he established himself for the third time and remained for ten years.

On an elevation overlooking valley, stream, and grove, with the Blue

Ridge as a near background, he built a frame house thirty-three by

thirty feet, the attic or loft under the roof serving as a second

story.[173] The house had seven rooms, four below and three above. One

of the upper rooms is, comparatively, very large, being twenty-one by

fifteen feet; and, according to tradition, this was used as a

school-room for the Marshall children. Indeed, the structure was, for

that section and period, a pretentious dwelling. This is the famous Oak

Hill.[174] The house still stands as a modest wing to the large and

attractive building erected by John Marshall's eldest son, Thomas, many

years later.

[Illustration: OAK HILL

From a water-color. The original house, built by Thomas Marshall in

1773, is shown at the right, in the rear of the main building.]

A book was placed in the hands of John Marshall, at this time, that

influenced his mind even more than his reading of Pope's poetry when a

small boy. Blackstone's "Commentaries" was published in America in 1772

and one of the original subscribers was "Captain Thomas Marshall, Clerk

of Dunmore County, Virginia."[175] The youthful backwoodsman read

Blackstone with delight; for this legal classic is the poetry of law,

just as Pope is logic in poetry. Also, Thomas Marshall saw to it that

his son read Blackstone as carefully as circumstances permitted. He had

bought the book for John's use as much as or more than for his own

information. Marshall's parents, with a sharp eye on the calling that

then brought greatest honor and profit, had determined that their eldest

son should be a lawyer. "From my infancy," says Marshall, "I was

destined for the bar."[176] He did not, we believe, give his attention

exclusively to Blackstone. Indeed, it appears certain that his legal

reading at this period was fragmentary and interrupted, for his time was

taken up and his mind largely absorbed by military exercises and study.

He was intent on mastering the art of war against the day when the call

of patriotism should come to him to be a soldier.[177] So the law book

was pushed aside by the manual of arms.

About this time John Marshall was given his second fragment of formal

teaching. He was sent to the school of the Reverend Archibald Campbell

in Westmoreland County.[178] This embryo "academy" was a primitive

affair, but its solitary instructor was a sound classical scholar

equipped with all the learning which the Scottish universities could

give. He was a man of unusual ability, which, it appears, was the common

possession of his family. He was the uncle of the British poet

Campbell.[179]

The sons of this colonial parson school-teacher from Scotland became men

of note and influence, one of them among the most distinguished lawyers

of Virginia.[180] Indeed, it was chiefly in order to teach his two boys

that Mr. Campbell opened his little school in Westmoreland.[181] So,

while John Marshall attended the "academy" for only a few months, that

brief period under such a teacher was worth much in methods of thought

and study.

The third scanty fragment of John Marshall's education by professional

instructors comes seven years later, at a time and under circumstances

which make it necessary to defer a description of it.

During all these years, however, young Marshall was getting another kind

of education more real and more influential on his later life than any

regular schooling could have given him. Thomas Marshall served in the

House of Burgesses at Williamsburg[182] from 1761 until October, 1767,

when he became Sheriff of Fauquier County.[183] In 1769 he was again

chosen Burgess,[184] and reëlected until 1773, when he was appointed

Clerk of Dunmore County.[185] In 1775 he once more appears as Burgess

for Fauquier County.[186] Throughout this period, George Washington also

served as Burgess from Westmoreland County. Thomas Marshall was a member

of the standing committees on Trade, Religion, Propositions and

Grievances, and on several special committees and commissions.[187]

The situations, needs, and interests of the upland counties above the

line of the falls of the rivers, so different from those on the

tidewater, had made the political oligarchy of the lower counties more

distinct and conspicuous than ever. This dominant political force was

aristocratic and selfish. It was generally hostile to the opinions of

the smaller pioneer landowners of the back country and it did not

provide adequately for their necessities. Their petitions for roads,

bridges, and other indispensable requisites of social and industrial

life usually were denied; and their rapidly growing democratic spirit

was scorned with haughty disfavor and contempt.[188]

In the House of Burgesses, one could tell by his apparel and deportment,

no less than by his sentiments, a member from the mountains, and indeed

from anywhere above the fall line of the rivers; and, by the same

tokens, one from the great plantations below. The latter came

fashionably attired, according to the latest English mode, with the silk

knee breeches and stockings, colored coat, ornamented waistcoat, linen

and lace, buckled shoes, garters, and all details of polite adornment

that the London fashion of the time dictated. The upland men were

plainly clad; and those from the border appeared in their native

homespun, with buckskin shirts, coonskin caps, and the queue of their

unpowdered hair tied in a bag or sack of some thin material. To this

upland class of Burgesses, Thomas Marshall belonged.

He had been a member of the House for four years when the difference

between the two Virginia sections and classes suddenly crystallized. The

upper counties found a leader and fought and overcame the hitherto

invincible power of the tidewater aristocracy, which, until then, had

held the Government of Virginia in its lordly hand.

This explosion came in 1765, when John Marshall was ten years old. For

nearly a quarter of a century the combination of the great planter

interests of eastern Virginia had kept John Robinson Speaker of the

House and Treasurer of the Colony.[189] He was an ideal representative

of his class--rich, generous, kindly, and ever ready to oblige his

fellow members of the ruling faction.[190] To these he had lent large

sums of money from the public treasury and, at last, finding himself

lost unless he could find a way out of the financial quagmire in which

he was sinking, Robinson, with his fellow aristocrats, devised a scheme

for establishing a loan office, equipping it with a million and a

quarter of dollars borrowed on the faith of the colony, to be lent to

individuals on personal security.[191] A bill to this effect was

presented and the tidewater machine was oiled and set in motion to put

it through.

As yet, Robinson's predicament was known only to himself and those upon

whom he had bestowed the proceeds of the people's taxes; and no

opposition was expected to the proposed resolution which would extricate

the embarrassed Treasurer. But Patrick Henry, a young member from

Hanover County, who had just been elected to the House of Burgesses and

who had displayed in the famous Parsons case a courage and eloquence

which had given him a reputation throughout the colony,[192] opposed, on

principle, the proposed loan-office law. In a speech of startling power

he attacked the bill and carried with him every member from the up

counties. The bill was lost.[193] It was the first defeat ever

experienced by the combination that had governed Virginia so long that

they felt that it was their inalienable right to do so. One of the votes

that struck this blow was cast by Thomas Marshall.[194] Robinson died

the next year; his defalcation was discovered and the real purpose of

the bill was thus revealed.[195]

Quick on the heels of this victory for popular rights and honest

government trod another event of vital influence on American history.

The British Parliament, the year before, had passed resolutions

declaring the right of Parliament to tax the colonies without

representation, and, indeed, to enact any law it pleased for the

government and administration of British dominions wherever

situated.[196] The colonies protested, Virginia among them; but when

finally Parliament enacted the Stamp Act, although the colonies were in

sullen anger, they yet prepared to submit.[197] The more eminent men

among the Virginia Burgesses were willing to remonstrate once more, but

had not the heart to go further.[198] It was no part of the plan or

feeling of the aristocracy to affront the Royal Government openly. At

this moment, Patrick Henry suddenly offered his historic resolutions,

the last one a bold denial of Parliament's right to pass the Stamp Act,

and a savage defiance of the British Government.[199]

Cautious members of the tidewater organization were aghast. They did not

like the Stamp Act themselves, but they thought that this was going too

far. The logical end of it would be armed conflict, they said; or at the

very least, a temporary suspension of profitable commerce with England.

Their material interests were involved; and while they hazarded these

and life itself most nobly when the test of war finally came, ten years

later, they were not minded to risk either business or comfort until

forced to do so.[200]

But a far stronger influence with them was their hatred of Henry and

their fear of the growing power of the up country. They were smarting

from the defeat[201] of the loan-office bill. They did not relish the

idea of following the audacious Henry and his democratic supporters

from the hills. They resented the leadership which the "new men" were

assuming. To the aristocratic machine it was offensive to have any

movement originate outside itself.[202]

The up-country members to a man rallied about Patrick Henry and fought

beneath the standard of principle which he had raised. The line that

marked the division between these contending forces in the Virginia

House of Burgesses was practically identical with that which separated

them in the loan-office struggle which had just taken place. The same

men who had supported Robinson were now against any measure which might

too radically assert the rights of the colonies and offend both the

throne and Westminster Hall. And as in the Robinson case so in the fight

over Henry's Stamp Act Resolutions, the Burgesses who represented the

frontier settlers and small landowners and who stood for their

democratic views, formed a compact and militant force to strike for

popular government as they already had struck, and successfully, for

honest administration.[203]

Henry's fifth resolution was the first written American assertion of

independence, the virile seed out of which the declaration at

Philadelphia ten years later directly grew. It was over this resolution

that Thomas Jefferson said, "the debate was most bloody";[204] and it

was in this particular part of the debate that Patrick Henry made his

immortal speech, ending with the famous words, "Tarquin and Cæsar had

each his Brutus, Charles the First his Cromwell, and George the Third--"

And as the cries of "Treason! Treason! Treason!" rang from every part of

the hall, Henry, stretching himself to the utmost of his stature,

thundered, "--_may profit by their example_. If _this_ be treason, make

the most of it."[205]

Henry and the stout-hearted men of the hills won the day, but only by a

single vote. Peyton Randolph, the foremost member of the tidewater

aristocracy and Royal Attorney-General, exclaimed, "By God, I would have

given one[206] hundred guineas for a single vote!"[207] Thomas Marshall

again fought by Henry's side and voted for his patriotic defiance of

British injustice.[208]

[Illustration: _Oak Hill_]

This victory of the poorer section of the Old Dominion was, in Virginia,

the real beginning of the active period of the Revolution. It was

more--it was the ending of the hitherto unquestioned supremacy of

the tidewater aristocracy.[209] It marked the effective entrance of the

common man into Virginia's politics and government.

When Thomas Marshall returned to his Blue Ridge home, he described, of

course, the scenes he had witnessed and taken part in. The heart of his

son thrilled, we may be sure, as he listened to his father reciting

Patrick Henry's words of fire and portraying the manner, appearance, and

conduct of that master orator of liberty. So it was that John Marshall,

even when a boy, came into direct and living touch with the outside

world and learned at first hand of the dramatic movement and the mighty

forces that were about to quarry the materials for a nation.

Finally the epic year of 1775 arrived,--the year of the Boston riots,

Paul Revere's ride, Lexington and Concord,--above all, the year of the

Virginia Resolutions for Arming and Defense. Here we find Thomas

Marshall a member of the Virginia Convention,[210] when once more the

radicals of the up country met and defeated the aristocratic

conservatives of the older counties. The latter counseled prudence. They

argued weightily that the colony was not prepared for war with the Royal

Power across the sea. They urged patience and the working-out of the

problem by processes of conciliation and moderate devices, as those made

timid by their own interests always do.[211] Selfish love of ease made

them forget, for the moment, the lesson of Braddock's defeat. They held

up the overwhelming might of Great Britain and the impotence of the

King's subjects in his western dominions; and they were about to

prevail.

But again Patrick Henry became the voice of America. He offered the

Resolutions for Arming and Defense and carried them with that amazing

speech ending with, "Give me liberty or give me death,"[212] which

always will remain the classic of American liberty. Thomas Marshall, who

sat beneath its spell, declared that it was "one of the most bold,

animated, and vehement pieces of eloquence that had ever been

delivered."[213] Once more he promptly took his stand under Henry's

banner and supported the heroic resolutions with his vote and

influence.[214] So did George Washington, as both had done ten years

before in the battle over Henry's Stamp Act Resolutions in the House of

Burgesses in 1765.[215]

Not from newspapers, then, nor from second-hand rumor did John Marshall,

now nineteen years old, learn of the epochal acts of that convention.

He heard of them from his father's lips. Henry's inspired speech, which

still burns across a century with undiminished power, came to John

Marshall from one who had listened to it, as the family clustered around

the fireside of their Oak Hill home. The effect on John Marshall's mind

and spirit was heroic and profound, as his immediate action and his

conduct for several years demonstrate.

We may be sure that the father was not deceived as to the meaning of it

all; nor did he permit his family to be carried off the solid ground of

reality by any emotional excitement. Thomas Marshall was no fanatic, no

fancy-swayed enthusiast resolving highly in wrought-up moments and

retracting humbly in more sober hours. He was a man who looked before he

leaped; he counted the costs; he made up his mind with knowledge of the

facts. When Thomas Marshall decided to act, no unforeseen circumstance

could make him hesitate, no unexpected obstacle could swerve him from

his course; for he had considered carefully and well; and his son was of

like mettle.

So when Thomas Marshall came back to his Fauquier County home from the

fateful convention of 1775 at Richmond, he knew just what the whole

thing meant; and, so knowing, he gravely welcomed the outcome. He knew

that it meant war; and he knew also what war meant. Already he had been

a Virginia ranger and officer, had seen fighting, had witnessed wounds

and death.[216] The same decision that made him cast his vote for

Henry's resolutions also caused Thomas Marshall to draw his sword from

its scabbard. It inspired him to do more; for the father took down the

rifle from its deerhorn bracket and the hunting-knife from its hook, and

placed them in the hands of his first-born. And so we find father and

son ready for the field and prepared to make the ultimate argument of

willingness to lay down their lives for the cause they believed in.

FOOTNOTES:

[104] Story, in Dillon, iii, 334.

[105] The records of Westmoreland County do not show what disposition

Thomas Marshall made of the one hundred acres given him by his mother.

(Letter of Albert Stuart, Deputy Clerk of Westmoreland County, Virginia,

to the author, Aug. 26, 1913.) He probably abandoned it just as John

Washington and Thomas Pope abandoned one thousand acres of the same

land. (_Supra._)

[106] Westmoreland County is on the Potomac River near its entrance into

Chesapeake Bay. Prince William is about thirty miles farther up the

river. Marshall was born about one hundred miles by wagon road from

Appomattox Creek, northwest toward the Blue Ridge and in the wilderness.

[107] Campbell, 404-05.

[108] More than forty years later the country around the Blue Ridge was

still a dense forest. (La Rochefoucauld, iii, 173.) And the road even

from Richmond to Petersburg, an hundred miles east and south of the

Marshall cabin, as late as 1797 ran through "an almost uninterrupted

succession of woods." (_Ib._, 106; and see _infra_, chap. VII.)

[109] John, 1755; Elizabeth, 1756; Mary, 1757; Thomas, 1761.

[110] Binney, in Dillon, iii, 284.

[111] The ancient trunks of one or two of these trees still stand close

to the house.

[112] British map of 1755; Virginia State Library.

[113] See La Rochefoucauld, iii, 707. These "roads" were scarcely more

than mere tracks through the forests. See chap. VII, infra, for

description of roads at the period between the close of the Revolution

and the beginning of our National Government under the Constitution.

Even in the oldest and best settled colonies the roads were very bad.

Chalkley's _Augusta County (Va.) Records_ show many orders regarding

roads; but, considering the general state of highways, (see _infra_,

chap. VII) these probably concerned very primitive efforts. When Thomas

Marshall removed his family to the Blue Ridge, the journey must have

been strenuous even for that hardship-seasoned man.

[114] She was born in 1737. (Paxton, 19.)

[115] At this time, Thomas Marshall had at least two slaves, inherited

from his father. (Will of John Marshall "of the forest," Appendix I.) As

late as 1797 (nearly forty years after Thomas Marshall went to "The

Hollow"), La Rochefoucauld found that even on the "poorer" plantations

about the Blue Ridge the "planters, however wretched their condition,

have all of them one or two negroes." (La Rochefoucauld, iii, 135.)

[116] Personal inspection.

[117] Mill-sawed weather-boarding, held by cut nails, now covers the

sides of the house, the original broad whip-sawed boards, fastened by

wrought nails, having long since decayed.

[118] Practically all log cabins, at that time, had only one story.

[119] See _infra_.

[120] Six more children were born while the Marshalls remained in "The

Hollow": James M., 1764; Judith, 1766; William and Charles, 1767; Lucy,

1768; and Alexander, 1770.

[121] Nearly twenty years later, "Winchester was rude, wild, as nature

had made it," but "it was less so than its inhabitants." (Mrs.

Carrington to her sister Nancy, describing Winchester in 1777, from

personal observation; MS.)

[122] See Mrs. Carrington to her sister Nancy, _infra_, chap. V.

[123] John Marshall, when at the height of his career, liked to talk of

these times. "He ever recurred with fondness to that primitive mode of

life, when he partook with a keen relish of balm tea and mush; and when

the females used thorns for pins." (Howe, 263, and see _Hist. Mag._,

iii, 166.)

Most of the settlers on the frontier and near frontier did not use forks

or tablecloths. Washington found this condition in the house of a

Justice of the Peace. "When we came to supper there was neither a Cloth

upon ye Table nor a knife to eat with; but as good luck would have it,

we had knives of our [own]." (_Writings_: Ford, i, 4.)

Chastellux testifies that, thirty years later, the frontier settlers

were forced to make almost everything they used. Thus, as population

increased, necessity developed men of many trades and the little

communities became self-supporting. (Chastellux, 226-27.)

[124] More than a generation after Thomas Marshall moved to "The Hollow"

in the Blue Ridge large quantities of bear and beaver skins were brought

from the Valley into Staunton, not many miles away, just over the Ridge.

(La Rochefoucauld, iii, 179-80.) The product of the Blue Ridge itself

was sent to Fredericksburg and Alexandria. (See Crèvecoeur, 63-65.)

Thirty years earlier (1733) Colonel Byrd records that "Bears, Wolves,

and Panthers" roamed about the site of Richmond; that deer were

plentiful and rattlesnakes considered a delicacy. (Byrd's _Writings_:

Bassett, 293, 318-19.)

[125] See _infra_, chap. VII.

[126] Even forty years later, all "store" merchandise could be had in

this region only by hauling it from Richmond, Fredericksburg, or

Alexandria. Transportation from the latter place to Winchester cost two

dollars and a half per hundredweight. In 1797, "store" goods of all

kinds cost, in the Blue Ridge, thirty per cent more than in

Philadelphia. (La Rochefoucauld, iii, 203.) From Philadelphia the cost

was four to five dollars per hundredweight. While there appear to have

been country stores at Staunton and Winchester, over the mountains

(Chalkley's _Augusta County (Va.) Records_), the cost of freight to

those places was prohibitive of anything but the most absolute

necessities even ten years after the Constitution was adopted.

[127] _Hist. Mag._, iii, 166; Howe, 263; also, Story, in Dillon, iii,

334.

[128] Story, in Dillon, iii, 331-32.

[129] _Ib._

[130] See Binney, in Dillon, iii, 285.

[131] "Fauquier was then a frontier county ... far in advance of the

ordinary reach of compact population." (Story, in Dillon, iii, 331; also

see _New York Review_ (1838), iii, 333.) Even a generation later (1797),

La Rochefoucauld, writing from personal investigation, says (iii,

227-28): "There is no state so entirely destitute of all means of public

education as Virginia."

[132] See Binney, in Dillon, iii, 285.

[133] Story, in Dillon, iii, 330.

[134] Marshall to Story, July 31, 1833; Story, ii, 150.

[135] See _infra_, chaps. VII and VIII.

[136] "A taste for reading is more prevalent [in Virginia] among the

gentlemen of the first class than in any other part of America; but the

common people are, perhaps, more ignorant than elsewhere." (La

Rochefoucauld, iii, 232.) Other earlier and later travelers confirm this

statement of this careful French observer.

[137] Story thinks that Thomas Marshall, at this time, owned Milton,

Shakespeare, and Dryden. (Dillon, iii, 331.) This is possible. Twenty

years later, Chastellux found Milton, Addison, and Richardson in the

parlor of a New Jersey inn; but this was in the comparatively thickly

settled country adjacent to Philadelphia. (Chastellux, 159.)

[138] Story, in Dillon, iii, 331, and Binney, in _ib._, 283; _Hist.

Mag._, iii, 166.

[139] Lang: _History of English Literature_, 384; and see Gosse:

_History of Eighteenth Century Literature_, 131; also, Traill: _Social

England_, V, 72; Stephen: _Alexander Pope_, 62; and see Cabot to

Hamilton, Nov. 29, 1800; _Cabot_: Lodge, 299.

[140] Binney, in Dillon, iii, 283-84; Washington's _Diary_; MS., Lib.

Cong.

[141] Irving, i, 45; and Lodge: _Washington_, i, 59. Many years later

when he became rich, Washington acquired a good library, part of which

is now in the Boston Athenæum. But as a young and moneyless surveyor he

had no books of his own and his "book" education was limited and

shallow.

[142] Binney, in Dillion, iii, 281-84.

[143] Irving, i, 37, 45; and Sparks, 10.

[144] Irving, i, 27.

[145] Irving, i, 46.

[146] As will appear, the Fairfax estate is closely interwoven into John

Marshall's career. (See vol. II of this work.)

[147] For description of Greenway Court see Pecquet du Bellet, ii, 175.

[148] Washington's _Writings_: Ford, i, footnote to 329.

[149] For a clear but laudatory account of Lord Fairfax see Appendix No.

4 to Burnaby, 197-213. But Fairfax could be hard enough on those who

opposed him, as witness his treatment of Joist Hite. (See _infra_, chap.

V.)

[150] When the Revolution came, however, Fairfax was heartily British.

The objection which the colony made to the title to his estate doubtless

influenced him.

[151] Fairfax was a fair example of the moderate, as distinguished from

the radical or the reactionary. He was against both irresponsible

autocracy and unrestrained democracy. In short, he was what would now be

termed a liberal conservative (although, of course, such a phrase,

descriptive of that demarcation, did not then exist). Much attention

should be given to this unique man in tracing to their ultimate sources

the origins of John Marshall's economic, political, and social

convictions.

[152] Sparks, 11; and Irving, i, 33.

[153] For Fairfax's influence on Washington see Irving, i, 45; and in

general, for fair secondary accounts of Fairfax, see _ib._, 31-46; and

Sparks, 10-11.

[154] Senator Humphrey Marshall says that Thomas Marshall "emulated"

Washington. (Humphrey Marshall, i, 345.)

[155] See _infra_.

[156] Bond of Thomas Marshall as Sheriff, Oct. 26, 1767; Records of

Fauquier County (Va.), Deed Book, iii, 70. Approval of bond by County

Court; Minute Book (from 1764 to 1768), 322. Marshall's bond was "to his

Majesty, George III," to secure payment to the British revenue officers

of all money collected by Marshall for the Crown. (Records of Fauquier

County (Va.), Deed Book, iii, 71.)

[157] Bruce: _Inst._, i, 597, 600; also, ii, 408, 570-74.

[158] Records of Fauquier County (Va.), Deed Book, ii, 42. There is a

curious record of a lease from Lord Fairfax in 1768 to John Marshall for

his life and "the natural lives of Mary his wife and Thomas Marshall his

son and every of them longest living." (Records of Fauquier County

(Va.), Deed Book, iii, 230.) John Marshall was then only thirteen years

old. The lease probably was to Thomas Marshall, the clerk of Lord

Fairfax having confused the names of father and son.

[159] Meade, ii, 218.

[160] In 1773 three deeds for an aggregate of two hundred and twenty

acres "for a glebe" were recorded in Fauquier County to "Thos. Marshall

& Others, Gentlemen, & Vestrymen of Leeds Parish." (Records of Fauquier

County (Va.), Deed Book, V, 401, 403, 422.)

[161] The vestrymen were "the foremost men ... in the parish ... whether

from the point of view of intelligence, wealth or social position."

(Bruce: _Inst._, i, 62; and see Meade, i, 191.)

[162] Bruce: _Inst._, i, 62-93; and see Eckenrode: _S.C. & S._, 13.

[163] Bruce: _Inst._, i, 131 _et seq._

[164] Meade, ii, 219. Bishop Meade here makes a slight error. He says

that Mr. Thompson "lived at first in the family of Colonel Thomas

Marshall, of Oak Hill." Thomas Marshall did not become a colonel until

ten years afterward. (Heitman, 285.) And he did not move to Oak Hill

until 1773, six years later. (Paxton, 20.)

[165] James Thompson was born in 1739. (Meade, ii, 219.)

[166] _Ib._

[167] Forty years later La Rochefoucauld found that the whole family and

all visitors slept in the same room of the cabins of the back country.

(La Rochefoucauld, iv, 595-96.)

[168] "I have not sleep'd above three nights or four in a bed, but,

after walking ... all the day, I lay down before the fire upon a little

hay, straw, fodder or bearskin ... with man, wife, and children, like a

parcel of dogs and cats; and happy is he, who gets the berth nearest the

fire." (Washington to a friend, in 1748; _Writings_: Ford, i, 7.)

Here is another of Washington's descriptions of frontier comforts: "I

not being so good a woodsman as ye rest of my company, striped myself

very orderly and went into ye Bed, as they calld it, when to my

surprize, I found it to be nothing but a little straw matted together

without sheets or any thing else, but only one thread bear [_sic_]

blanket with double its weight of vermin such as Lice, Fleas, &c."

(Washington's _Diary_, March 15, 1747; _ib._, 2.) And see La

Rochefoucauld, iii, 175, for description of homes of farmers in the

Valley forty years later--miserable log huts "which swarmed with

children." Thomas Marshall's little house was much better than, and the

manners of the family were far superior to, those described by

Washington and La Rochefoucauld.

[169] Meade, ii, 219.

[170] _Ib._ Bishop Meade says that Thomas Marshall's sons were sent to

Mr. Thompson again; but Marshall himself told Justice Story that the

Scotch parson taught him when the clergyman lived at his father's house.

[171] Meade, ii, 219. This extract of Mr. Thompson's sermon was

treasonable from the Tory point of view. See _infra_, chap. III.

[172] Records of Fauquier County (Va.), Deed Book, V, 282. This purchase

made Thomas Marshall the owner of about two thousand acres of the best

land in Fauquier County. He had sold his Goose Creek holding in "The

Hollow."

[173] The local legend, current to the present day, is that this house

had the first glass windows in that region, and that the bricks in the

chimney were imported from England. The importation of brick, however,

is doubtful. Very little brick was brought to Virginia from England.

[174] Five more children of Thomas and Mary Marshall were born in this

house: Louis, 1773; Susan, 1775; Charlotte, 1777; Jane, 1779; and Nancy,

1781. (Paxton.)

[175] This volume is now in the possession of Judge J. K. M. Norton, of

Alexandria, Va. On several leaves are printed the names of the

subscribers. Among them are Pelatiah Webster, James Wilson, Nathanael

Greene, John Adams, and others.

[176] _Autobiography._

[177] Binney, in Dillon, iii, 286.

[178] Story and Binney say that Marshall's first schooling was at

Campbell's "academy" and his second and private instruction under Mr.

Thompson. The reverse seems to have been the case.

[179] Meade, ii, 159, and footnote to 160.

[180] _Ib._, 161.

[181] _Ib._

[182] Journal, H.B. (1761-65), 3. Thomas Marshall was seldom out of

office. Burgess, Sheriff, Vestryman, Clerk, were the promising

beginnings of his crowded office-holding career. He became Surveyor of

Fayette County, Kentucky, upon his removal to that district, and

afterwards Collector of Revenue for the District of Ohio. (Humphrey

Marshall, i, 120; and see ii, chap. V, of this work. Thomas Marshall to

Adams, April 28, 1797; MS.) In holding offices, John Marshall followed

in his father's footsteps.

[183] Journal, H.B. (1766-69), 147 and 257.

[184] His election was contested in the House, but decided in Marshall's

favor. (_Ib._ (1761-69), 272, 290, 291.)

[185] _Ib._, (1773-76), 9. County Clerks were then appointed by the

Secretary of State. In some respects the Clerk of the County Court had

greater advantages than the Sheriff. (See Bruce: _Inst._, i, 588 _et

seq._) Dunmore County is now Shenandoah County. The Revolution changed

the name. When Thomas Marshall was appointed Clerk, the House of

Burgesses asked the Governor to issue a writ for a new election in

Fauquier County to fill Marshall's place as Burgess. (_Ib._ (1773-76),

9.)

[186] _Ib._ (1766-69), 163.

[187] _Ib._, 16, 71, 257; (1770-72), 17, 62, 123, 147, 204, 234, 251,

257, 274, 292; (1773-76), 217, 240.

[188] Ambler, Introduction.

[189] Ambler, 17-18.

[190] Henry, i, 71.

[191] _Ib._, 76-77.

[192] Henry, i, 39-48.

[193] Wirt, 71 _et seq._ It passed the House (Journal, H.B. (1761-65),

350); but was disapproved by the Council. (_Ib._, 356; and see Henry, i,

78.)

[194] The "ayes" and "noes" were not recorded in the Journals of the

House; but Jefferson says, in his description of the event, which he

personally witnessed, that Henry "carried with him all the members of

the upper counties and left a minority composed merely of the

aristocracy." (Wirt, 71.) "The members, who, like himself [Henry],

represented the yeomanry of the colony, were filled with admiration and

delight." (Henry, i, 78.)

[195] Wirt, 71. The incident, it appears, was considered closed with the

defeat of the loan-office bill. Robinson having died, nothing further

was done in the matter. For excellent condensed account see Eckenrode:

_R. V._, 16-17.

[196] Declaratory Resolutions.

[197] For the incredible submission and indifference of the colonies

before Patrick Henry's speech, see Henry, i, 63-67. The authorities

given in those pages are conclusive.

[198] _Ib._, 67.

[199] _Ib._, 80-81.

[200] _Ib._, 82-86.

[201] Wirt, 74-76.

[202] Eckenrode: _R. V._, 5-6.

[203] "The members from the upper counties invariably supported Mr.

Henry in his revolutionary measures." (Jefferson's statement to Daniel

Webster, quoted in Henry, i, 87.)

[204] Henry, i, 86.

[205] Henry, i, 86, and authorities there cited in the footnote.

[206] Misquoted in Wirt (79) as "500 guineas."

[207] Jefferson to Wirt, Aug. 14, 1814; _Works_: Ford, xi, 404.

[208] It is most unfortunate that the "ayes" and "noes" were not kept in

the House of Burgesses. In the absence of such a record, Jefferson's

repeated testimony that the up-country members voted and worked with

Henry must be taken as conclusive of Thomas Marshall's vote. For not

only was Marshall Burgess from a frontier county, but Jefferson, at the

time he wrote to Wirt in 1814 (and gave the same account to others

later), had become very bitter against the Marshalls and constantly

attacked John Marshall whom he hated virulently. If Thomas Marshall had

voted out of his class and against Henry, so remarkable a circumstance

would surely have been mentioned by Jefferson, who never overlooked any

circumstance unfavorable to an enemy. Far more positive evidence,

however, is the fact that Washington, who was a Burgess, voted with

Henry, as his letter to Francis Dandridge, Sept. 20, 1765, shows.

(_Writings_: Ford, ii, 209.) And Thomas Marshall always acted with

Washington.

[209] "By these resolutions, Mr. Henry took the lead out of the hands of

those who had heretofore guided the proceedings of the House."

(Jefferson to Wirt, Aug. 14, 1814; _Works_: Ford, xi, 406.)

[210] _Proceedings_, Va. Conv., 1775, March 20, 3; July 17, 3, 5, 7.

[211] Henry, i, 255-61; Wirt, 117-19. Except Henry's speech itself,

Wirt's summary of the arguments of the conservatives is much the best

account of the opposition to Henry's fateful resolutions.

[212] Wirt, 142; Henry, i, 261-66.

[213] _Ib._, 271; and Wirt, 143.

[214] In the absence of the positive proof afforded by a record of the

"ayes" and "noes," Jefferson's testimony, Washington's vote, Thomas

Marshall's tribute to Henry, and above all, the sentiment of the

frontier county he represented, are conclusive testimony as to Thomas

Marshall's stand in this all-important legislative battle which was the

precursor of the iron conflict soon to come in which he bore so heroic a

part. (See Humphrey Marshall, i, 344.)

[215] Washington was appointed a member of the committee provided for in

Henry's second resolution. (Henry, i, 271.)

[216] Thomas Marshall had been ensign, lieutenant, and captain in the

militia, had taken part in the Indian wars, and was a trained soldier.

(Crozier: _Virginia Colonial Militia_, 96.)

The Life of John Marshall, Volume 1: Frontiersman, soldier, lawmaker, 1755-1788 · 第 2 / 12 章