Читать книгу The Life of John Marshall, Volume 1: Frontiersman, soldier, lawmaker, 1755-1788 - Albert J. Beveridge - Страница 6

Unless some great and capital change suddenly takes place … this army must inevitably starve, dissolve, or disperse. (Washington, Dec. 23, 1777.)

John Marshall was the best tempered man I ever knew. Nothing discouraged, nothing disturbed him. (Lieutenant Slaughter, of Marshall at Valley Forge.)

Gaunt and bitter swept down the winter of 1777. But the season brought no lean months to the soldiers of King George, no aloes to the Royal officers in fat and snug Philadelphia.355 It was a period of rest and safety for the red-coated privates in the city, where, during the preceding year, Liberty Bell had sounded its clamorous defiance; a time of revelry and merry-making for the officers of the Crown. Gay days chased nights still gayer, and weeks of social frolic made the winter pass like the scenes of a warm and glowing play.

For those who bore the King's commission there were balls at the City Tavern, plays at the South-Street Theater; and many a charming flirtation made lively the passing months for the ladies of the Capital, as well as for lieutenant and captain, major and colonel, of the invaders' army. And after the social festivities, there were, for the officers, carousals at the "Bunch of Grapes" and all night dinners at the "Indian Queen."356

"You can have no idea," wrote beautiful Rebecca Franks, – herself a keen Tory, – to the wife of a patriot, "you can have no idea of the life of continued amusement I live in. I can scarce have a moment to myself. I spent Tuesday evening at Sir William Howe's, where we had a concert and dance… Oh, how I wished Mr. Paca would let you come in for a week or two!.. You'd have an opportunity of raking as much as you choose at Plays, Balls, Concerts, and Assemblies. I have been but three evenings alone since we moved to town."357

"My wife writes me," records a Tory who was without and whose wife was within the Quaker City's gates of felicity, "that everything is gay and happy [in Philadelphia] and it is like to prove a frolicking winter."358 Loyal to the colors of pleasure, society waged a triumphant campaign of brilliant amusement. The materials were there of wit and loveliness, of charm and manners. Such women there were as Peggy Chew and Rebecca Franks, Williamina Bond and Margaret Shippen – afterwards the wife of Benedict Arnold and the probable cause of his fall;359 such men as Banastre Tarleton of the Dragoons, twenty-three years old, handsome and accomplished; brilliant Richard Fitzpatrick of the Guards; Captain John André, whose graces charmed all hearts.360 So lightly went the days and merrily the nights under the British flag in Philadelphia during the winter of 1777-78.

For the common soldiers there were the race-course and the cock-pit, warm quarters for their abodes, and the fatness of the land for their eating. Beef in abundance, more cheese than could be used, wine enough and to spare, provisions of every kind, filled pantry and cellar. For miles around the farmers brought in supplies. The women came by night across fields and through woods with eggs, butter, vegetables, turkeys, chickens, and fresh meat.361 For most of the farmers of English descent in that section hated the war and were actively, though in furtive manner, Tory. They not only supplied the British larder, but gave news of the condition and movements of the Americans.362

Not twenty miles away from these scenes of British plenty and content, of cheer and jollity, of wassail and song, rose the bleak hills and black ravines of Valley Forge, where Washington's army had crawled some weeks after Germantown. On the Schuylkill heights and valleys, the desperate Americans made an encampment which, says Trevelyan, "bids fair to be the most celebrated in the world's history."363 The hills were wooded and the freezing soldiers were told off in parties of twelve to build huts in which to winter. It was more than a month before all these rude habitations were erected.364 While the huts were being built the naked or scarcely clad365 soldiers had to find what shelter they could. Some slept in tents, but most of them lay down beneath the trees.366 For want of blankets, hundreds, had "to sit up all night by fires."367 After Germantown Washington's men had little to eat at any time. On December 2, "the last ration had been delivered and consumed."368 Through treachery, cattle meant for the famishing patriots were driven into the already over-supplied Philadelphia.369

The commissariat failed miserably, perhaps dishonestly, to relieve the desperate want. Two days before Christmas there was "not a single hoof of any kind to slaughter, and not more than twenty-five barrels of flour!"370 Men died by the score from starvation.371 Most of the time "fire cake" made of dirty, soggy dough, warmed over smoky fires, and washed down with polluted water was the only sustenance. Sometimes, testifies Marshall himself, soldiers and officers "were absolutely without food."372 On the way to Valley Forge, Surgeon Waldo writes: "I'm Sick – eat nothing – No Whiskey – No Baggage – Lord, – Lord, – Lord."373 Of the camp itself and of the condition of the men, he chronicles: "Poor food – hard lodging – Cold Weather – fatigue – Nasty Cloaths – nasty Cookery – Vomit half my time – Smoak'd out of my senses – the Devil's in it – I can't Endure it – Why are we sent here to starve and freeze – What sweet Felicities have I left at home; – A charming Wife – pretty Children – Good Beds – good food – good Cookery – all agreeable – all harmonious. Here, all Confusion – Smoke – Cold, – hunger & filthyness – A pox on my bad luck. Here comes a bowl of beef soup, – full of burnt leaves and dirt, sickish enough to make a hector spue – away with it, Boys – I'll live like the Chameleon upon Air."374

While in overfed and well-heated Philadelphia officers and privates took the morning air to clear the brain from the night's pleasures, John Marshall and his comrades at Valley Forge thus greeted one another: "Good morning Brother Soldier (says one to another) how are you? – All wet, I thank'e, hope you are so – (says the other)."375 Still, these empty, shrunken men managed to squeeze some fun out of it. When reveille sounded, the hoot of an owl would come from a hut door, to be answered by like hoots and the cawing of crows; but made articulate enough to carry in this guise the cry of "'No meat! – No meat!' The distant vales Echo'd back the melancholy sound – 'No Meat! – No Meat!'… What have you for our Dinners, Boys? [one man would cry to another] 'Nothing but Fire Cake and Water, Sir.' At night – 'Gentlemen, the Supper is ready.' What is your Supper, Lads? 'Fire Cake & Water, Sir.'"

Just before Christmas Surgeon Waldo writes: "Lay excessive Cold & uncomfortable last Night – my eyes are started out from their Orbits like a Rabbit's eyes, occasion'd by a great Cold – and Smoke. What have you got for Breakfast, Lads? 'Fire Cake and Water, Sir.' The Lord send that our Commissary of Purchases may live on Fire Cake & Water till their glutted Gutts are turned to Pasteboard."

He admonishes: "Ye who Eat Pumpkin Pie and Roast Turkies – and yet Curse fortune for using you ill – Curse her no more – least she reduce you … to a bit of Fire Cake & a Draught of Cold Water, & in Cold Weather."376

Heart-breaking and pitiful was the aspect of these soldiers of liberty. "There comes a Soldier – His bare feet are seen thro' his worn out Shoes – his legs nearly naked from the tatter'd remains of an only pair of stockings – his Breeches not sufficient to cover his Nakedness – his Shirt hanging in Strings – his hair dishevell'd – his face meagre – his whole appearance pictures a person foresaken & discouraged. He comes, and crys with an air of wretchedness & despair – I am Sick – my feet lame – my legs are sore – my body cover'd with this tormenting Itch – my Cloaths are worn out – my Constitution is broken – my former Activity is exhausted by fatigue – hunger & Cold! – I fail fast I shall soon be no more! And all the reward I shall get will be – 'Poor Will is dead.'"377

On the day after Christmas the soldiers waded through snow halfway to their knees. Soon it was red from their bleeding feet.378 The cold stung like a whip. The huts were like "dungeons and … full as noisome."379 Tar, pitch, and powder had to be burned in them to drive away the awful stench.380 The horses "died by hundreds every week"; the soldiers, staggering with weakness as they were, hitched themselves to the wagons and did the necessary hauling.381 If a portion of earth was warmed by the fires or by their trampling feet, it froze again into ridges which cut like knives. Often some of the few blankets in the army were torn into strips and wrapped around the naked feet of the soldiers only to be rent into shreds by the sharp ice under foot.382 Sick men lay in filthy hovels covered only by their rags, dying and dead comrades crowded by their sides.383

As Christmas approached, even Washington became so disheartened that he feared that "this army must dissolve;"384 and the next day he again warned Congress that, unless the Commissary were quickly improved, "this army must inevitably … starve, dissolve, or disperse."385

Early in 1778 General Varnum wrote General Greene that "The situation of the Camp is such that in all human probability the Army must soon dissolve. Our desertions are astonishingly great."386 "The army must dissolve!" "The army must dissolve!" – the repeated cry comes to us like the chant of a saga of doom.

Had the British attacked resolutely, the Americans would have been shattered beyond hope of recovery.387 On February 1, 1778, only five thousand and twelve men out of a total of more than seventeen thousand were capable of any kind of service: four thousand were unfit for duty because of nakedness.388 The patriot prisoners within the British lines were in even worse case, if we credit but half the accounts then current. "Our brethren," records Surgeon Waldo in his diary, "who are unfortunately Prisoners in Philadelphia, meet with the most savage & inhumane treatments – that Barbarians are Capable of inflicting… One of these poor unhappy men – drove to the last extreem by the rage of hunger – eat his own fingers up to the first joint from the hand, before he died. Others eat the Clay – the Lime – the Stones – of the Prison Walls. Several who died in the Yard had pieces of Bark, Wood, – Clay & Stones in their mouths – which the ravings of hunger had caused them to take in the last Agonies of Life."389

The Moravians in Bethlehem, some miles away from Valley Forge, were the only refuge of the stricken patriots. From the first these Christian socialists were the Good Samaritans of that ghastly winter. This little colony of Germans had been overrun with sick and wounded American soldiers. Valley Forge poured upon it a Niagara of starvation, disease, and death. One building, scarcely large enough for two hundred and fifty beds, was packed with nearly a thousand sick and dying men. Dysentery reduced burly strength to trembling weakness. A peculiar disease rotted blood and bones. Many died on the same foul pallet before it could be changed. The beds were "heaps of polluted litter." Of forty of John Marshall's comrades from a Virginia regiment, which was the "pride of the Old Dominion," only three came out alive.390 "A violent putrid fever," testifies Marshall, "swept off much greater numbers than all the diseases of the camp."391

Need, was there not, at Valley Forge for men of resolve so firm and disposition so sunny that they would not yield to the gloom of these indescribable months? Need, was there not, among these men, for spirits so bright and high that they could penetrate even the death-stricken depression of this fetid camp with the glow of optimism and of hope?

Such characters were there, we find, and of these the most shining of all was John Marshall of the Virginia line.392 He was a very torch of warmth and encouragement, it appears; for in the journals and diaries left by those who lived through Valley Forge, the name of John Marshall is singled out as conspicuous for these comforting qualities.

"Although," writes Lieutenant Philip Slaughter, who, with the "two Porterfields and Johnson," was the messmate of John Marshall, "they were reduced sometimes to a single shirt, having to wrap themselves in a blanket when that was washed"393 and "the snow was knee-deep all the winter and stained with blood from the naked feet of the soldiers,"394 yet "nothing discouraged, nothing disturbed" John Marshall. "If he had only bread to eat," records his fellow officer, "it was just as well; if only meat it made no difference. If any of the officers murmured at their deprivations, he would shame them by good-natured raillery, or encourage them by his own exuberance of spirits.

"He was an excellent companion, and idolized by the soldiers and his brother officers, whose gloomy hours were enlivened by his inexhaustible fund of anecdote… John Marshall was the best tempered man I ever knew,"395 testifies his comrade and messmate.

So, starving, freezing, half blind with smoke, thinly clad and almost shoeless, John Marshall went through the century-long weeks of Valley Forge, poking fun wherever he found despondency, his drollery bringing laughter to cold-purpled lips, and, his light-hearted heroism shaming into erectness the bent backs of those from whom hope had fled. At one time it would be this prank; another time it would be a different expedient for diversion. By some miracle he got hold of a pair of silk stockings and at midnight made a great commotion because the leaves he had gathered to sleep on had caught fire and burned a hole in his grotesque finery.396

High spirits undismayed, intelligence shining like a lamp, common sense true as the surveyor's level – these were the qualities which at the famine camp at Valley Forge singled the boyish Virginia officer out of all that company of gloom. Just before the army went into winter quarters Captain-Lieutenant Marshall was appointed "Deputy Judge Advocate in the Army of the United States,"397 and at the same time, by the same order, James Monroe was appointed aide-de-camp to Lord Stirling, one of Washington's generals.398

Such was the confidence of his fellow officers and of the soldiers themselves in Marshall's judgment and fairness that they would come to him with their disputes and abide by his decision; and these tasks, it seems, the young Solomon took quite seriously. He heard both sides with utmost patience, and, having taken plenty of time to think it over, rendered his decision, giving the reasons therefor in writing.399 So just after he had turned his twenty-second year, we find John Marshall already showing those qualities which so distinguished him in after life. Valley Forge was a better training for Marshall's peculiar abilities than Oxford or Cambridge could have been.

His superiority was apparent, even to casual observers, notwithstanding his merriment and waggishness. One of a party visiting Valley Forge said of the stripling Virginia officer: "By his appearance then we supposed him about twenty-two or twenty-three years of age. Even so early in life … he appeared to us primus inter pares, for amidst the many commissioned officers he was discriminated for superior intelligence. Our informant, Colonel Ball, of another regiment in the same line,400 represented him as a young man, not only brave, but signally intelligent."401

Marshall's good humor withstood not only the horrors of that terrible winter, but also Washington's iron military rule. The Virginia lieutenant saw men beaten with a hundred stripes for attempting to desert. Once a woman was given a hundred lashes and drummed out of the army. A lieutenant was dismissed from the service in disgrace for sleeping and eating with privates, and for buying a pair of shoes from a soldier.402 Bitter penalties were inflicted on large numbers of civilians for trying to take flour, cattle, and other provisions to the British in Philadelphia;403 a commissary was "mounted on a horse, back foremost, without a Saddle, his Coat turn'd wrong side out his hands tied behind him & drummed out of the Army (Never more to return) by all the Drums in the Division."404

What held the patriot forces together at this time? George Washington, and he alone.405 Had he died, or had he been seriously disabled, the Revolution would have ended. Had typhoid fever seized Washington for a month, had any of those diseases, with which the army was plagued, confined him, the patriot standard would have fallen forever. Washington was the soul of the American cause. Washington was the Government. Washington was the Revolution. The wise and learned of every land agree on this. Professor Channing sums it all up when he declares: "Of all men in history, not one so answers our expectations as Washington. Into whatever part of his life the historian puts his probe, the result is always satisfactory."406

Yet intrigue and calumny sought his ruin. From Burgoyne's surrender on through the darkest days of Valley Forge, the Conway cabal shot its filaments through Congress, society, and even fastened upon the army itself. Gates was its figurehead, Conway its brain, Wilkinson its tool, Rush its amanuensis, and certain members of Congress its accessories before the fact. The good sense and devotion of Patrick Henry, who promptly sent Washington the anonymous letter which Rush wrote to the Virginia Governor,407 prevented that shameful plot from driving Washington out of the service of his country.

Washington had led his army to defeat after defeat while Gates had gained a glorious victory; Gates was the man for the hour – down, then, with the incompetent Virginian, said the conspirators. The Pennsylvania Legislature, wroth that Howe's army had not been beaten, but allowed to occupy the comfortable Capital of the State, remonstrated to Congress. That body, itself, was full of dissatisfaction with the Commander-in-Chief. Why would he not oust the British from Philadelphia? Why had he allowed Howe to escape when that general marched out to meet him? As the first step toward Washington's downfall, Congress created a new Board of War, with Gates as President; Conway was made Inspector-General.408

The conspirators and those whom their gossip could dupe lied about Washington's motives. His abilities, it was said, were less than ordinary; and his private conduct, went the stealthy whisper, was so bad as to prove the hypocrisy of his deportment.409 Nor were Washington's generals spared. Greene was a sycophant, said these assassins of character; Sullivan a braggart; Stirling "a lazy, ignorant drunkard." These poisoners of reputation declared that General Knox and Alexander Hamilton were "paltry satellites" of Washington and flatterers of his vanity.410 So cunning, subtle, and persistent were these sappers and miners of reputation that even the timely action of Patrick Henry in sending Washington Rush's unsigned attack might not have prevented the great American's overthrow; for envy of Washington's strength, suspicion of his motives, distrust of his abilities, had made some impression even on men like John Adams.411

The great American bore himself with dignity, going hardly further than to let his enemies know that he was aware of their machinations.412 At last, however, he lashed out at Congress. Let that body look to the provisioning of the army if it expected the soldiers to fight. The troops had no food, no clothing. The Quartermaster-General had not been heard from for five months. Did his critics think "the soldiers were made of stocks and stones?" Did they think an active winter campaign over three States with starving naked troops "so easy and practicable a business? I can assure those gentlemen," writes Washington, "that it is a much easier and less distressing thing to draw remonstrances in a comfortable room by a good fireside, than to occupy a cold, bleak hill, and sleep under frost and snow, without clothes or blankets… I have exposed myself to detraction and calumny" because "I am obliged to conceal the true state of the army from public view… No day nor scarce an hour passes without" an officer tendering his resignation.413

Washington was saved finally by the instinctive faith which that part of the common people who still supported the Revolution had in their great leader, and by his soldiers' stanch devotion, which defeat after defeat, retreat hard upon the heels of preceding retreat, hunger and nakedness, wounds and sickness could not shake.

"See the poor Soldier," wrote Surgeon Waldo at Valley Forge. "He labours thro' the Mud & Cold with a Song in his mouth, extolling War & Washington."414

Congress soon became insignificant in numbers, only ten or twelve members attending, and these doing business or idling as suited their whim.415 About the only thing they did was to demand that Washington strike Philadelphia and restore the members of this mimetic government to their soft, warm nests. Higher and yet more lofty in the esteem of his officers and men rose their general. Especially was this true of John Marshall for reasons already given, which ran back into his childhood.

In vain Washington implored the various States to strengthen Congress by sending their best men to this central body. Such able men as had not taken up arms for their country refused to serve in Congress. Nearly every such man "was absorbed in provincial politics, to the exclusion of any keen and intelligent interest in the central Government of his nation."416

Amidst the falling snow at Valley Forge, Washington thus appealed to Colonel Harrison in Virginia: "America never stood in more eminent need of the wise, patriotic, and spirited exertions of her Sons than at this period… The States, separately, are too much engaged in their local concerns… The States … have very inadequate ideas of the present danger."417 The letter could not be sent from that encampment of ice and death for nearly two weeks; and the harassed commander added a postscript of passionate appeal declaring that "our affairs are in a more distressed, ruinous, and deplorable condition than they have been in since the commencement of the War."418

"You are beseeched most earnestly, my dear Colo Harrison," pleaded Washington, "to exert yourself in endeavoring to rescue your Country by … sending your best and ablest Men to Congress – these characters must not slumber nor sleep at home in such times of pressing danger – they must not content themselves in the enjoyment of places of honor or profit in their Country [Virginia]419 while the common interests of America are mouldering and sinking into irretrievable … ruin, in which theirs also must ultimately be involved."420

With such men, Washington asserted, "party disputes and personal quarrels are the great business of the day, whilst the momentous concerns of an empire [America]421 … are but secondary considerations." Therefore, writes Washington, in angry exasperation, "in the present situation of things, I cannot help asking – Where is Mason – Wythe – Jefferson?"422

"Where is Jefferson?" wrote Washington in America's darkest hour, when the army was hardly more than an array of ragged and shoeless skeletons, and when Congress was so weak in numbers and ability that it had become a thing of contempt. Is it not probable that the same question was asked by the shivering soldiers and officers of the Continental army, as they sat about the smoking fires of their noisome huts sinking their chattering teeth into their "Fire Cake" and swallowing their brackish water? If Washington would so write, is it not likely that the men would so talk? For was not Jefferson the penman who had inscribed the Declaration of Independence, for which they were fighting, suffering, dying?

Among the Virginians especially there must have been grave questionings. Just as to John Marshall's army experience the roots of the greatest of his constitutional opinions may clearly be traced, so the beginnings of his personal estimate of Thomas Jefferson may be as plainly found in their relative situations and conduct during the same period.

John Marshall was only a few days beyond his twentieth year when, with his Culpeper Minute Men, he fought the British at Great Bridge. Thomas Jefferson at that time was thirty-two years old; but the prospect of battle on Virginia's soil did not attract him. At Valley Forge, John Marshall had just entered on his twenty-third year, and Thomas Jefferson, thirty-five years old, was neither in the army nor in Congress. Marshall had no fortune; Jefferson was rich.423

So, therefore, when as reserved a man as Washington had finally and with great effort trained himself to be, asked in writing, "Where is Jefferson?" is it not a reasonable inference that the Virginia officers in the familiar talk of comrades, spoke of Jefferson in terms less mild?

And, indeed, where was Thomas Jefferson? After serving in Congress, he refused point-blank to serve there again and resigned the seat to which he had been reëlected. "The situation of my domestic affairs renders it indispensably necessary that I should solicit the substitution of some other person," was the only excuse Jefferson then gave.424 He wanted to go to the State Legislature instead, and to the State Legislature he went. His "domestic affairs" did not prevent that. In his Autobiography, written forty-four years afterward (1821), Jefferson declares that he resigned from Congress and went to the State Legislature because "our [State] legislation under the regal government had many very vicious points which urgently required reformation and I thought I could be of more use in forwarding that work."425

So while the British revels were going on in Philadelphia and the horrors of Valley Forge appeared to be bringing an everlasting night upon American liberty, and when the desperation of the patriot cause wrung from the exasperated Washington his appeal that Virginia's ablest men should strengthen the feeble and tottering Congress, Jefferson was in the State Legislature. But he was not there merely enjoying office and exclusively engaged in party politics as Washington more than intimates. He was starting such vital reforms as the abolition of entails, the revision of the criminal code, the establishment of a free school system, the laying of the legal foundations of religious freedom.426

In short, Jefferson was sowing the seeds of liberalism in Virginia. But it is only human nature that breasts bearing the storm of war should not have thrilled in admiration of this civil husbandry. It was but natural that the benumbed men at Valley Forge should think the season early for the planting of State reforms, however needful, when the very ground of American independence was cold and still freezing with patriot misfortune and British success.

Virginia's Legislature might pass all the so-called laws it liked; the triumph of the British arms would wipe every one of them from the statute books. How futile, until America was free, must all this bill-drafting and reforming have appeared to the hard-driven men on the Schuylkill's Arctic hills! "Here are we," we can hear them say, "in worse case than most armies have been in the whole history of the world; here are we at Valley Forge offering our lives, wrecking our health, losing the little store we have saved up, and doing it gladly for the common American cause; and there, in safe and comfortable Williamsburg or at sumptuous Monticello, is the man who wrote our Declaration of Independence, never venturing within the sound of cannon or smell of powder and even refusing to go to Congress."

The world knows now that Jefferson was not to be blamed. He was not a man of arms, dreaded the duties of a soldier, had no stomach for physical combat.427 He was a philosopher, not a warrior. He loved to write theories into laws that correct civil abuses by wholesale, and to promote the common good by sweeping statutes. Also, he was a born politician, skillful and adroit in party management above any man in our history.428

But as a man of action in rough weather, as an executive in stern times, he himself admitted his deficiency.429 So we know to-day and better understand this great reformer, whose devotion to human rights has made men tolerant of his grave personal shortcomings. Nothing of this, however, could have occurred to the starving, shivering patriot soldiers in their awful plight at Valley Forge. Winning the war was their only thought, as always is the soldier's way.

Early in April, 1778, when, but for the victory at Saratoga, the Revolution seemed well-nigh hopeless to all but the stoutest hearts, an old and valued English friend begged Washington to give up the apparently doomed American cause. The Reverend Andrew Burnaby appealed to him for American and British reunion. "Must the parent and the child be forever at variance? And can either of them be happy, independent of the other?" The interests of the two countries are the same; "united they will constitute the fairest and happiest state in the world; divided they will be quite the reverse. It is not even possible that America should be happy, unconnected with Great Britain." In case America should win, the States will fall asunder from civil discord. The French, "that false and treacherous people," will desert the Americans. Great Britain and America have "the same interest, the same lineage, the same language, the same liberty, the same religion, connecting them." Everybody in England wants reunion; even the Government is anxious to "rectify … errors and misunderstandings." It is time to "heal the wounds on both sides." Washington can achieve this "divine purpose" and "thereby acquire more glory and confer more real and lasting service, both to your own country and to mankind in general than … ever yet happened to the lot of any one man."430

This subtle plea, designed to prepare the way for the British "Commission of Conciliation," neither flattered nor tempted Washington. It insulted him. He acted more vigorously than ever; and, soon afterward, his answer was delivered with cannon and bayonet on the field of Monmouth.431

When the winter had passed, Washington once more appealed to Congress to cease its bickering and indecision. That body was jealous of the army, he declared, whereas, said he, "We should all be considered, Congress and Army, as one people, embarked in one cause, in one interest; acting on the same principle, and to the same end" – a philosophy which a young Virginia officer was then absorbing and continued to absorb, until it became the ruling force in his life.

"No history extant," continues Washington, "can furnish an instance of an army's suffering such uncommon hardships … and bearing them with the same patience and fortitude. To see men without clothes to cover their nakedness, without blankets to lie on, without shoes, by which their marches might be traced by the blood from their feet, and almost as often without provisions as with them, marching through the frost and snow, and at Christmas taking up their winter quarters within a day's march of the enemy, without a house or hut to cover them, 'till they could be built, and submitting to it without a murmur, is proof of patience and obedience which, in my opinion can scarce be paralleled."432

Further shaming Congress into action, Washington says that "with us … the officer … must break in upon his private fortune for present support, without a prospect of future relief"; while, with the British, company commands "are esteemed so honorable and so valuable that they have sold of late from fifteen to twenty-two hundred pounds sterling and … four thousand guineas have been given for a troop of dragoons."433

Finally came the spring of 1778. The spirits of the men rose with the budding of the trees. Games and sport alternated with drill and policing of the camp. The officers made matches for quoits, running, and jumping. Captain-Lieutenant Marshall was the best athlete in his regiment. He could vault over a pole "laid on the heads of two men as high as himself." A supply from home had reached him at last, it appears, and in it were socks. So sometimes Marshall ran races in his stocking feet. In knitting this foot apparel, his mother had made the heels of white yarn, which showed as he ran. Thus came his soldier nickname of "Silver Heels."434

As spring advanced, the troops recovered their strength and, finally, were ready and eager again to meet the enemy. Washington had persuaded General Greene to accept the vital office of Quartermaster-General; and food, clothing, and munitions had somewhat relieved the situation.435 Baron von Steuben had wrought wonders in the drill and discipline of the men and in the officers' knowledge of their technical duties.436 "I should do injustice if I were to be longer silent with regard to the merits of the Baron de [von] Steuben" Washington told Congress, in hearty appreciation of the Prussian general's services.437

Another event of immense importance cheered the patriot forces and raised patriot hopes throughout America. The surrender of Burgoyne had encouraged the French statesmen to attempt the injury of England by helping the revolting colonies. On May 6, 1778, the treaty of alliance with Louis XVI was laid before Congress.438 The miseries of the past winter were forgotten by the army at Valley Forge in the joy over the French Monarch's open championship of the American cause and his attack upon the British.439 For it meant trained troops, ships of war, munitions, and money. It meant more – it signified, in the end, war by France upon England.

The hills of Valley Forge were vocal with huzzas and the roar of cannon. Songs filled the air. The army paraded. Sermons were preached. The rebound went to heights of enthusiasm equaling the former depths of despair.440 Marshall, we may be sure, joined with his characteristic zest in the patriots' revel of happiness. Washington alone had misgivings. He feared that, because of the French alliance, Congress and the States would conclude that "we have nothing more to do" and so "relapse into a state of supineness and perfect security."441 Precisely this occurred.

Soon, however, other inspiriting tidings came – the British, it was said, were about to quit Philadelphia. The gayety in that city had continued throughout the winter, and just before the evacuation, reached its climax in a festival of almost unbelievable opulence and splendor. Processions of flower-decked boats, choruses, spectacles, and parades crowded the day; dancing and music came with sunset, and at midnight, lighted by hundreds of wax candles, twelve hundred people sat down to a dinner of Oriental luxury served by negroes clad in the rich costumes of the East "with silver collars and bracelets."442

When, on June 18, the Royal forces abandoned the city, the Americans were quick in pursuit. On June 28, a day of blistering heat, the battle of Monmouth was fought. That scorching Sunday "was long remembered all over the United States as the most sultry day which had ever been endured since mankind learned to read the thermometer."443

It must have been very hot indeed, for Marshall himself speaks of "the intense heat";444 and he disliked extreme terms. Marshall was one of the advance guard445 under Wayne, with Lee in command of the division. In a previous council of war most of the higher officers were decidedly against risking the action; but Washington overruled them and ordered Lee to attack the British force "the moment it should move from its ground."446

The Commander-in-Chief, with the main body of American troops, was to come to Lee's support. It is unnecessary to go over the details of Lee's unhappy blunder, his retreat, Washington's Berserker rage and stinging rebuke on the battlefield in sight and hearing of officer and private, the turning of the rout into attack, and attack into victory by the sheer masterfulness of the mighty Virginian. From ten o'clock until nightfall the conflict raged, the Americans generally successful.

The overpowering sun made the action all but insufferable. Many died from the effects of the furnace-like heat. The fighting was heavy and often hand to hand. Throughout the day Washington was the very soul of battle. His wrath at Lee's retreat unleashed the lion in him. He rode among the troops inspiring, calming, strengthening, steadying. Perhaps at no time in his life, except at Braddock's defeat, was his peculiar combination of cool-headed generalship and hot-blooded love of combat so manifest in a personal way as on this blazing June day at Monmouth.

"Never," testifies Lafayette, who commanded part of the advance and fought through the whole battle, "was General Washington greater in war than in this action. His presence stopped the retreat. His dispositions fixed the victory. His fine appearance on horseback, his calm courage, roused by the animation produced by the vexation of the morning, gave him the air best calculated to excite enthusiasm."447

When Washington was preparing the final stroke, darkness fell. The exhausted Americans, their clothing drenched with sweat, slept on their arms upon the field of battle, their General-in-Chief himself lying on the ground among the living, the wounded, and the dead. Somewhere on that hard-fought ground, Captain-Lieutenant John Marshall stretched himself by his comrades. Washington was determined to press the attack at break of day. But at midnight the British stole away so silently that the Americans did not hear a sound from their retreat.448 The Americans lost eight officers and sixty-one privates killed, one hundred and sixty wounded, and one hundred and thirty missing. The British left more than two hundred and fifty dead upon the field.449

Upon Charles Lee most accounts of the battle of Monmouth have placed the brand of infamy. But John Marshall did not condemn Lee utterly. There were, it appears, two sides of the business – the difficulty of the ground, the mistake made by Scott, a reinforcement of the British rear, and other incidents.450 These appealed even to Washington when the calm of judgment returned to him after the battle was fought and his blazing wrath had cooled; and had Lee not sent insulting letters to the Commander-in-Chief, it is probable that no further action would have been taken.451

Marshall had been in the fight from first to last; he had retreated unwillingly with the other five thousand men whom Lee commanded; he was a fighting man, always eager for the shock of arms; he cherished a devotion to Washington which was the ruling attachment of his life – nevertheless, Marshall felt that more was made of Lee's misconduct than the original offense deserved. Writing as the chosen biographer of Washington, Marshall gives both sides of this controversy.452

This incident throws light upon Marshall's temperament. Other historians in their eulogy of Washington, have lashed the memory of Lee naked through the streets of public scorn. Marshall refuses to join the chorus of denunciation. Instead, he states the whole case with fairness.453

Three days after Monmouth, he was promoted to a full captaincy;454 and, as we have seen, he had been made Deputy Judge Advocate at Valley Forge. Holding these two offices, Marshall continued his military service.

The alliance with the French King, followed by the American success at Monmouth, lulled the patriots into an unwarranted feeling of security. Everybody seemed to think the war was over. Congress became more lethargic than ever, the States more torpid and indifferent. The British had seized the two points commanding King's Ferry on the North River, thus cutting the communication between the small American forces on opposite sides of the Hudson.455 To restore this severed connection was important; and it was essential to arouse once more the declining interest of the people. Washington resolved to take Stony Point, the then well-nigh impregnable position dominating King's Ferry from the New Jersey side.

A body of light infantry was carefully selected from all ranks. It was the flower of Washington's troops in health, stability, courage, and discipline. Upon this "élite of the army," says Dawson, "the safety of the Highlands and, indirectly, that of the cause of America, were dependent."456 This corps of picked soldiers was intended for quick and desperate enterprises of extra hazard. John Marshall was one of those selected.457 Their first notable task was to take Stony Point by assault. Anthony Wayne was placed in command. "I have much at heart," Washington told Wayne, in the capture of this position, "the importance of which … is too obvious to need explanation."458

Yet even to these men on missions of such moment, supplies came tardily and in scant quantities. Wayne's "men were almost naked."459

Finally, on June 15, 1779, the time came for the storming of the fort. It was washed on three sides by the waters of the Hudson and a marsh separated it from the solid land on the west. Heavy guns were on the great hill of rock; lighter batteries were placed on its slope; two rows of abatis were farther down; and the British ships in the river commanded almost every point of attack.460

A party of Wayne's men was detailed to remove obstructions, capture the sentries, and, in general, prepare the way for the assault by the first detachment of the Light Infantry, which was to advance with unloaded muskets, depending exclusively on the bayonet.461 The fort was taken by those assigned to make the initial attempt, Colonel Fleury being the first to enter the stronghold. Below at the edge of the marsh waited the major part of Wayne's little force, among whom was the future Chief Justice of the United States.

If the state of Wayne's nerves is an indication, we know how the young Virginia captain felt, there in the midnight, holding himself in readiness for the order to advance. For early in the evening Wayne thus wrote to his brother-in-law: "This will not reach your eye until the Writer is no more – the Enclosed papers … [will] enable [you] to defend the Character and Support the Honor of the man who … fell in defense of his Country… Attend to the Education of my Little Son & Daughter– I fear that their tender Mother will not Survive this Stroke."462 But the British were overcome more easily than anybody had thought possible,463 and, though wounded, Wayne survived to give more displays of his genuine heroism, while Providence spared John Marshall for a no less gallant and immeasurably greater part in the making of the American Nation.464

But the brilliant exploit went for nothing. The Americans failed to take Verplanck's Point on the eastern bank of the river and the patriot forces were still separated. Unable to spare enough men to garrison Stony Point permanently and since the Ferry remained under the British guns, Washington moved his army to the Highlands. The British at once reoccupied the abandoned fort which Wayne's men had just captured.

A detail from the Light Infantry was placed under Major Henry Lee of Virginia, who was instructed to watch the main forces of the enemy. Among Lee's flying detachment was Captain John Marshall. For three weeks this scouting expedition kept moving among the ravines, hills, and marshes, always in close touch with the British. "At Powles Hook, a point of land on the west side of the Hudson, immediately opposite the town of New York, penetrating deep into the river,"465 the enemy had erected works and garrisoned them with several hundred men. The British had made the Hook an island by digging a deep ditch through which the waters of the river flowed; and otherwise had rendered their position secure.

The daring Lee resolved to surprise and capture the defending force, and Washington, making sure of lines of retreat, approved the adventure. All night of August 18, 1779, Lee's men marched stealthily among the steep hills, passed the main body of the British army who were sleeping soundly; and at three o'clock in the morning crossed the ditch, entered the works, and carried away one hundred and fifty-nine prisoners, losing in the swift, silent effort only two killed and three wounded.466 This audacious feat fired the spirits of the patriot forces and covered the British with humiliation and chagrin.

Here, except for a small incident in Arnold's invasion of Virginia, John Marshall's active participation in actual warfare ended. He was sent home467 because of the expiration of the term of enlistments of the regiments in which he had commanded and the excess of officers which this created.468 The Revolution dragged along; misfortune and discouragement continued to beat upon the granite Washington. The support of Louis XVI was a staff upon which, substantial as it was, the people of the States leaned too heavily. Their exertions relaxed, as we have seen; Jefferson, patriot and reformer, but not efficient as an executive, was Governor of Virginia; and John Marshall waited in vain for the new command which never appeared.

On December 30, 1780, Jefferson received positive news of Arnold's invasion.469 He had been warned by Washington that just this event was likely to occur;470 but he had not summoned to the colors a single man of the militia, probably fifty thousand of whom were available,471 nor taken any measures to prepare for it. Not until the hostile vessels entered Virginia waters to disembark the invading force was General Nelson sent to watch the enemy and call out the local militia of the adjacent vicinity; and not until news came that the British were on their way up the James River did the Governor summon the militia of the neighboring counties. The Royal soldiers reached Richmond on January 4, 1781, without opposition; there Arnold burned some military factories and munitions, and returned down the river. John Marshall hastened to the point of danger, and was one of the small American force that ambushed the British some distance below Westover, but that scattered in panic at the first fire of the invaders.472

Jefferson's conduct at this time and especially during the subsequent invasion of the State has given an unhappy and undeserved coloring to his personal character.473 It all but led to his impeachment by the Virginia Legislature;474 and to this day his biographers are needlessly explanatory and apologetic in regard to this phase of his career. These incidents confirmed the unfortunate impressions of Jefferson which Marshall and nearly all the Virginia officers and soldiers had formed at Valley Forge. Very few of them afterward changed their unfavorable opinion.475

It was his experience, then, on the march, in camp, and on the battlefield, that taught John Marshall the primary lesson of the necessity of efficient government. Also his military life developed his real temperament, which was essentially conservative. He had gone into the army, as he himself declared, with "wild and enthusiastic notions,"476 unlike those of the true Marshall. It did not occur to this fighting Virginia youth when, responding to Patrick Henry's call, he marched southward under the coiled-rattlesnake flag inscribed "Don't tread on me," that anything was needed except to drive the oppressor into the sea. A glorious, vague "liberty" would do the rest, thought the stripling backwoods "shirtman," as indeed almost all of those who favored the patriot cause seemed to think.477

And when in blue and buff, as an officer of the Continental army, he joined Washington, the boyish Virginia lieutenant was still a frontier individualist, though of the moderate type. But four years of fighting and suffering showed him that, without a strong and practical government, democracy cannot solve its giant problems and orderly liberty cannot live. The ramshackle Revolutionary establishment was, he found, no government at all. Hundreds of instances of its incredible dissensions and criminal inefficiency faced him throughout these four terrible years; and Marshall has recorded many of them.

Not only did each State do as it pleased, as we have seen, but these pompous sovereignties actually interfered in direct and fatal fashion with the Continental army itself. For example, when the soldiers of the line from one State happened to be in another State, the civil power of the latter often "attempted to interfere and to discharge them, notwithstanding the fact that they were not even citizens of that State."478 The mutiny of underfed, poorly clothed, unpaid troops, even in the State lines; the yielding of Congress to their demands, which, though just in themselves, it was perilous to grant on compulsion;479 the discontent of the people caused by the forcible State seizure of supplies, – a seizure which a strong National Government could not have surpassed in harshness,480– were still other illustrations of the absolute need of an efficient central power. A few "judicious patriots" did urge the strengthening of National authority, but, writes Marshall, they were helpless to "correct that fatal disposition of power [by States and Congress] which had been made by enthusiasm uninstructed by experience."481 Time and again Marshall describes the utter absence of civil and military correlations and the fearful results he had felt and witnessed while a Revolutionary officer.

Thus it is that, in his service as a soldier in the War for our Independence, we find the fountain-head of John Marshall's National thinking. And every succeeding circumstance of his swift-moving and dramatic life made plainer and clearer the lesson taught him on red battlefield and in fetid camp. No one can really understand Marshall's part in the building of the American Nation without going back to these sources. For, like all living things, Marshall's constructive opinions were not made; they grew. They were not the exclusive result of reasoning; they were the fruit of an intense and vivid human experience working upon a mind and character naturally cautious, constructive, and inclined to order and authority.