Читать книгу The Life of John Marshall, Volume 1: Frontiersman, soldier, lawmaker, 1755-1788 - Albert J. Beveridge - Страница 4

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.

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 status119 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 family120 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 frontier131 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 reading135 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 young165 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-loft167 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.

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 Williamsburg182 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 defeat201 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 one206 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

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.