The work of John Marshall has been of supreme importance in the development of the American Nation, and its influence grows as time passes. Less is known of Marshall, however, than of any of the great Americans. Indeed, so little has been written of his personal life, and such exalted, if vague, encomium has been paid him, that, even to the legal profession, he has become a kind of mythical being, endowed with virtues and wisdom not of this earth.

He appears to us as a gigantic figure looming, indistinctly, out of the mists of the past, impressive yet lacking vitality, and seemingly without any of those qualities that make historic personages intelligible to a living world of living men. Yet no man in our history was more intensely human than John Marshall and few had careers so full of movement and color. His personal life, his characteristics and the incidents that drew them out, have here been set forth so that we may behold the man as he appeared to those among whom he lived and worked.

It is, of course, Marshall's public work with which we are chiefly concerned. His services as Chief Justice have been so lauded that what he did before he ascended the Supreme Bench has been almost entirely forgotten. His greatest opinions, however, cannot be fully understood without considering his previous life and experience. An account of Marshall the frontiersman, soldier, legislator, lawyer, politician, diplomat, and statesman, and of the conditions he faced in each of these capacities, is essential to a comprehension of Marshall the constructive jurist and of the problems he solved.

In order to make clear the significance of Marshall's public activities, those episodes in American history into which his life was woven have been briefly stated. Although to the historian these are twice-told tales, many of them are not fresh in the minds of the reading public. To say that Marshall took this or that position with reference to the events and questions of his time, without some explanation of them, means little to any one except to the historical scholar.

In the development of his career there must be some clear understanding of the impression made upon him by the actions and opinions of other men, and these, accordingly, have been considered. The influence of his father and of Washington upon John Marshall was profound and determinative, while his life finally became so interlaced with that of Jefferson that a faithful account of the one requires a careful examination of the other.

Vitally important in their effect upon the conduct and attitude of Marshall and of the leading characters of his time were the state of the country, the condition of the people, and the tendency of popular thought. Some reconstruction of the period has, therefore, been attempted. Without a background, the picture and the figures in it lose much of their significance.

The present volumes narrate the life of John Marshall before his epochal labors as Chief Justice began. While this was the period during which events prepared him for his work on the bench, it was also a distinctive phase of his career and, in itself, as important as it was picturesque. It is my purpose to write the final part as soon as the nature of the task permits.

For reading one draft of the manuscript of these volumes I am indebted to Professor Edward Channing, of Harvard University; Dr. J. Franklin Jameson, of the Carnegie Foundation for Historical Research; Professor William E. Dodd, of Chicago University; Professor James A. Woodburn, of Indiana University; Professor Charles A. Beard, of Columbia University; Professor Charles H. Ambler, of Randolph-Macon College; Professor Clarence W. Alvord, of the University of Illinois; Professor D. R. Anderson, of Richmond College; Dr. H. J. Eckenrode, of Richmond College; Dr. Archibald C. Coolidge, Director of the Harvard University Library; Mr. Worthington C. Ford, of the Massachusetts Historical Society; and Mr. Lindsay Swift, Editor of the Boston Public Library. Dr. William G. Stanard, of the Virginia Historical Society, has read the chapters which touch upon the colonial period. I have availed myself of the many helpful suggestions made by these gentlemen and I gratefully acknowledge my obligations to them.

Mr. Swift and Dr. Eckenrode, in addition to reading early drafts of the manuscript, have read the last draft with particular care and I have utilized their criticisms. The proof has been read by Mr. Swift and the comment of this finished critic has been especially valuable.

I am indebted in the highest possible degree to Mr. Worthington C. Ford, of the Massachusetts Historical Society, who has generously aided me with his profound and extensive knowledge of manuscript sources and of the history of the times of which this work treats. His sympathetic interest and whole-hearted helpfulness have not only assisted me, but encouraged and sustained me in the prosecution of my labors.

In making these acknowledgments, I do not in the least shift to other shoulders the responsibility for anything in these volumes. That burden is mine alone.

I extend my thanks to Mr. A. P. C. Griffin, Assistant Librarian, and Mr. Gaillard Hunt, Chief of the Manuscripts Division, of the Library of Congress, who have been unsparing in their efforts to assist me with all the resources of that great library. The officers and their assistants of the Virginia State Library, the Boston Public Library, the Library of Harvard University, the Manuscripts Division of the New York Public Library, the Massachusetts Historical Society, the Pennsylvania Historical Society, and the Virginia Historical Society have been most gracious in affording me all the sources at their command.

I desire to express my appreciation for original material furnished me by several of the descendants and collateral relatives of John Marshall. Miss Emily Harvie, of Richmond, Virginia, placed at my disposal many letters of Marshall to his wife. For the use of the book in which Marshall kept his accounts and wrote notes of law lectures, I am indebted to Mrs. John K. Mason, of Richmond. A large number of original and unpublished letters of Marshall were furnished me by Mr. James M. Marshall, of Front Royal, Virginia, Mr. Robert Y. Conrad, of Winchester, Virginia; Mrs. Alexander H. Sands, of Richmond, Virginia; Miss Sallie Marshall, of Leeds, Virginia; Mrs. Claudia Jones, and Mrs. Fannie G. Campbell of Washington, D.C.; Judge J. K. M. Norton, of Alexandria, Virginia; Mr. A. Moore, Jr., of Berryville, Virginia; Dr. Samuel Eliot Morison, of Boston, Massachusetts, and Professor Charles William Dabney, of Cincinnati, Ohio. Complete copies of the highly valuable correspondence of Mrs. Edward Carrington were supplied by Mr. John B. Minor, of Richmond, Virginia, and by Mr. Carter H. FitzHugh, of Lake Forest, Illinois. Without the material thus generously opened to me, this narrative of Marshall's life would have been more incomplete than it is and many statements in it would, necessarily, have been based on unsupported tradition.

Among the many who have aided me, Judge James Keith, of Richmond, Virginia, until recently President of the Court of Appeals of Virginia; Judge J. K. M. Norton and the late Miss Nannie Burwell Norton of Alexandria, Virginia; Mr. William Marshall Bullitt, of Louisville, Kentucky; Mr. Thomas Marshall Smith, of Baltimore, Maryland; Mr. and Mrs. Alexander H. Sands; Mr. W. P. Taylor and Dr. H. Norton Mason, of Richmond, Virginia; Mr. Lucien Keith, Mr. William Horgan, and Mr. William C. Marshall, of Warrenton, Virginia; Judge Henry H. Downing and Mr. Aubrey G. Weaver, of Front Royal, Virginia, have rendered notable assistance in the gathering of data.

I am under particular obligations to Miss Emily Harvie for the use of the striking miniature of Marshall, the reproduction of which appears as the frontispiece to the first volume; to Mr. Roland Gray, of Boston, for the right to reproduce the portrait by Jarvis as the frontispiece of the second volume; to Mr. Douglas H. Thomas of Baltimore, Maryland, for photographs of the portraits of William Randolph, Mary Isham, and Mary Randolph Keith; and to Mr. Charles Edward Marshall, of Glen Mary, Kentucky, for permission to photograph the portrait of Colonel Thomas Marshall.

The large number of citations has made abbreviations necessary. At the end of each volume will be found a careful explanation of references, giving the full title of the work cited, together with the name of the author or editor, and a designation of the edition used.

The index has been made by Mr. David Maydole Matteson, of Cambridge, Massachusetts, and his careful work has added to whatever of value these volumes possess.

Albert J. Beveridge

LIST OF ABBREVIATED TITLES MOST FREQUENTLY CITED

All references here are to the List of Authorities at the end of this volume

Beard: Econ. I. C. See Beard, Charles A. Economic Interpretation of the Constitution of the United States.

Beard: Econ. O. J. D. See Beard, Charles A. Economic Origins of Jeffersonian Democracy.

Bruce: Econ. See Bruce, Philip Alexander. Economic History of Virginia in the Seventeeth Century.

Bruce: Inst. See Bruce, Philip Alexander. Institutional History of Virginia in the Seventeeth Century.

Cor. Rev.: Sparks. See Sparks, Jared. Correspondence of the Revolution.

Eckenrode: R. V. See Eckenrode, H. J. The Revolution in Virginia.

Eckenrode: S. of C. and S. See Eckenrode, H. J. Separation of Church and State in Virginia.

Jefferson's Writings: Washington. See Jefferson, Thomas. Writings. Edited by H. A. Washington.

Monroe's Writings: Hamilton. See Monroe, James. Writings. Edited by Stanislaus Murray Hamilton.

Old Family Letters. See Adams, John. Old Family Letters. Edited by Alexander Biddle.

Wertenbaker: P. and P. See Wertenbaker, Thomas J. Patrician and Plebeian in Virginia; or the Origin and Development of the Social Classes of the Old Dominion.

Wertenbaker: V. U. S. See Wertenbaker, Thomas J. Virginia Under the Stuarts, 1607-1688.

Works: Adams. See Adams, John. Works. Edited by Charles Francis Adams.

Works: Ford. See Jefferson, Thomas. Works. Federal Edition. Edited by Paul Leicester Ford.

Works: Hamilton. See Hamilton, Alexander. Works. Edited by John C. Hamilton.

Works: Lodge. See Hamilton, Alexander. Works. Federal Edition. Edited by Henry Cabot Lodge.

Writings: Conway. See Paine, Thomas. Writings. Edited by Moncure Daniel Conway.

Writings: Ford. See Washington, George. Writings. Edited by Worthington Chauncey Ford.

Writings: Hunt. See Madison, James. Writings. Edited by Gaillard Hunt.

Writings: Smyth. See Franklin, Benjamin. Writings. Edited by Albert Henry Smyth.

Writings: Sparks. See Washington, George. Writings. Edited by Jared Sparks.

CHAPTER I
ANCESTRY AND ENVIRONMENT

Often do the spirits of great events stride on before the events and in to-day already walks to-morrow. (Schiller.)

I was born an American; I will live an American; I shall die an American. (Webster.)

"The British are beaten! The British are beaten!" From cabin to cabin, from settlement to settlement crept, through the slow distances, this report of terror. The astounding news that Braddock was defeated finally reached the big plantations on the tidewater, and then spread dismay and astonishment throughout the colonies.

The painted warriors and the uniformed soldiers of the French-Indian alliance had been growing bolder and bolder, their ravages ever more daring and bloody.¹ Already the fear of them had checked the thin wave of pioneer advance; and it seemed to the settlers that their hereditary enemies from across the water might succeed in confining British dominion in America to the narrow strip between the ocean and the mountains. For the royal colonial authorities had not been able to cope with their foes.²

But there was always the reserve power of Great Britain to defend her possessions. If only the home Government would send an army of British veterans, the colonists felt that, as a matter of course, the French and Indians would be routed, the immigrants made safe, and the way cleared for their ever-swelling thousands to take up and people the lands beyond the Alleghanies.

So when at last, in 1755, the redoubtable Braddock and his red-coated regiments landed in Virginia, they were hailed as deliverers. There would be an end, everybody said, to the reign of terror which the atrocities of the French and Indians had created all along the border. For were not the British grenadiers invincible? Was not Edward Braddock an experienced commander, whose bravery was the toast of his fellow officers?³ So the colonists had been told, and so they believed.

They forgave the rudeness of their British champions; and Braddock marched away into the wilderness carrying with him the unquestioning confidence of the people.⁴ It was hardly thought necessary for any Virginia fighting men to accompany him; and that haughty, passionate young Virginia soldier, George Washington (then only twenty-three years of age, but already the chief military figure of the Old Dominion), and his Virginia rangers were invited to accompany Braddock more because they knew the country better than for any real aid in battle that was expected of them. "I have been importuned," testifies Washington, "to make this campaign by General Braddock, … conceiving … that the … knowledge I have … of the country, Indians, &c. … might be useful to him."⁵

So through the ancient and unbroken forests Braddock made his slow and painful way.⁶ Weeks passed; then months.⁷ But there was no impatience, because everybody knew what would happen when his scarlet columns should finally meet and throw themselves upon the enemy. Yet this meeting, when it came, proved to be one of the lesser tragedies of history, and had a deep and fateful effect upon American public opinion and upon the life and future of the American people.⁸

Time has not dulled the vivid picture of that disaster. The golden sunshine of that July day; the pleasant murmur of the waters of the Monongahela; the silent and somber forests; the steady tramp, tramp of the British to the inspiriting music of their regimental bands playing the martial airs of England; the bright uniforms of the advancing columns giving to the background of stream and forest a touch of splendor; and then the ambush and surprise; the war-whoops of savage foes that could not be seen; the hail of invisible death, no pellet of which went astray; the pathetic volleys which the doomed British troops fired at hidden antagonists; the panic; the rout; the pursuit; the slaughter; the crushing, humiliating defeat!⁹

Most of the British officers were killed or wounded as they vainly tried to halt the stampede.¹⁰ Braddock himself received a mortal hurt.¹¹ Raging with battle lust, furious at what he felt was the stupidity and cowardice of the British regulars,¹² the youthful Washington rode among the fear-frenzied Englishmen, striving to save the day. Two horses were shot under him. Four bullets rent his uniform.¹³ But, crazed with fright, the Royal soldiers were beyond human control.

Only the Virginia rangers kept their heads and their courage. Obeying the shouted orders of their young commander, they threw themselves between the terror-stricken British and the savage victors; and, fighting behind trees and rocks, were an ever-moving rampart of fire that saved the flying remnants of the English troops. But for Washington and his rangers, Braddock's whole force would have been annihilated.¹⁴ Colonel Dunbar and his fifteen hundred British regulars, who had been left a short distance behind as a reserve, made off to Philadelphia as fast as their panic-winged feet could carry them.¹⁵

So everywhere went up the cry, "The British are beaten!" At first rumor had it that the whole force was destroyed, and that Washington had been killed in action.¹⁶ But soon another word followed hard upon this error – the word that the boyish Virginia captain and his rangers had fought with coolness, skill, and courage; that they alone had prevented the extinction of the British regulars; that they alone had come out of the conflict with honor and glory.

Thus it was that the American colonists suddenly came to think that they themselves must be their own defenders. It was a revelation, all the more impressive because it was so abrupt, unexpected, and dramatic, that the red-coated professional soldiers were not the unconquerable warriors the colonists had been told that they were.¹⁷ From colonial "mansion" to log cabin, from the provincial "capitals" to the mean and exposed frontier settlements, Braddock's defeat sowed the seed of the idea that Americans must depend upon themselves.¹⁸

As Bacon's Rebellion at Jamestown, exactly one hundred years before Independence was declared at Philadelphia, was the beginning of the American Revolution in its first clear expression of popular rights,¹⁹ so Braddock's defeat was the inception of that same epoch in its lesson of American military self-dependence.²⁰ Down to Concord and Lexington, Great Bridge and Bunker Hill, the overthrow of the King's troops on the Monongahela in 1755 was a theme of common talk among men, a household legend on which American mothers brought up their children.²¹

Close upon the heels of this epoch-making event, John Marshall came into the world. He was born in a little log cabin in the southern part of what now is Fauquier County, Virginia (then a part of Prince William), on September 24, 1755,²² eleven weeks after Braddock's defeat. The Marshall cabin stood about a mile and a half from a cluster of a dozen similar log structures built by a handful of German families whom Governor Spotswood had brought over to work his mines. This little settlement was known as Germantown, and was practically on the frontier.²³

Thomas Marshall, the father of John Marshall, was a close friend of Washington, whom he ardently admired. They were born in the same county, and their acquaintance had begun, apparently, in their boyhood.²⁴ Also, as will presently appear, Thomas Marshall had for about three years been the companion of Washington, when acting as his assistant in surveying the western part of the Fairfax estate.²⁵ From that time forward his attachment to Washington amounted to devotion.²⁶

Also, he was, like Washington, a fighting man.²⁷ It seems strange, therefore, that he did not accompany his hero in the Braddock expedition. There is, indeed, a legend that he did go part of the way.²⁸ But this, like so many stories concerning him, is untrue.²⁹ The careful roster, made by Washington of those under his command,³⁰ does not contain the name of Thomas Marshall either as officer or private. Because of their intimate association it is certain that Washington would not have overlooked him if he had been a member of that historic body of men.

So, while the father of John Marshall was not with his friend and leader at Braddock's defeat, no man watched that expedition with more care, awaited its outcome with keener anxiety, or was more affected by the news, than Thomas Marshall. Beneath no rooftree in all the colonies, except, perhaps, that of Washington's brother, could this capital event have made a deeper impression than in the tiny log house in the forests of Prince William County, where John Marshall, a few weeks afterwards, first saw the light of day.

Wars and rumors of wars, ever threatening danger, and stern, strong, quiet preparation to meet whatever befell – these made up the moral and intellectual atmosphere that surrounded the Marshall cabin before and after the coming of Thomas and Mary Marshall's first son. The earliest stories told this child of the frontier³¹ must have been those of daring and sacrifice and the prevailing that comes of them.

Almost from the home-made cradle John Marshall was taught the idea of American solidarity. Braddock's defeat, the most dramatic military event before the Revolution,³² was, as we have seen, the theme of fireside talk; and from this grew, in time, the conviction that Americans, if united,³³ could not only protect their homes from the savages and the French, but defeat, if need be, the British themselves.³⁴ So thought the Marshalls, father and mother; and so they taught their children, as subsequent events show.

It was a remarkable parentage that produced this child who in manhood was to become the master-builder of American Nationality. Curiously enough, it was exactly the same mingling of human elements that gave to the country that great apostle of the rights of man, Thomas Jefferson. Indeed, Jefferson's mother and Marshall's grandmother were first cousins. The mother of Thomas Jefferson was Jane Randolph, daughter of Isham Randolph of Turkey Island; and the mother of John Marshall was Mary Randolph Keith, the daughter of Mary Isham Randolph, whose father was Thomas Randolph of Tuckahoe, the brother of Jefferson's maternal grandfather.

Thus, Thomas Jefferson was the great-grandson and John Marshall the great-great-grandson of William Randolph and Mary Isham. Perhaps no other couple in American history is so remarkable for the number of distinguished descendants. Not only were they the ancestors of Thomas Jefferson and John Marshall, but also of "Light Horse Harry" Lee, of Revolutionary fame, Edmund Randolph, Washington's first Attorney-General, John Randolph of Roanoke, George Randolph, Secretary of War under the Confederate Government, and General Robert E. Lee, the great Southern military leader of the Civil War.^[35]

The Virginia Randolphs were one of the families of that proud colony who were of undoubted gentle descent, their line running clear and unbroken at least as far back as 1550. The Ishams were a somewhat older family, their lineage being well established to 1424. While knighthood was conferred upon one ancestor of Mary Isham, the Randolph and Isham families were of the same social stratum, both being of the English gentry.³⁶ The Virginia Randolphs were brilliant in mind, physically courageous, commanding in character, generally handsome in person, yet often as erratic as they were gifted.

When the gentle Randolph-Isham blood mingled with the sturdier currents of the common people, the result was a human product stronger, steadier, and abler than either. So, when Jane Randolph became the wife of Peter Jefferson, a man from the grass roots, the result was Thomas Jefferson. The union of a daughter of Mary Randolph with Thomas Marshall, a man of the soil and forests, produced John Marshall.³⁷

Physically and mentally, Peter Jefferson and Thomas Marshall were much alike. Both were powerful men of great stature. Both were endowed with rare intellectuality.³⁸ Both were hard-working, provident, and fearless. Even their occupations were the same: both were land surveyors. The chief difference between them was that, whereas Peter Jefferson appears to have been a hearty and convivial person,³⁹ Thomas Marshall seems to have been self-contained though adventurous, and of rather austere habits. Each became the leading man of his county⁴⁰ and both were chosen members of the House of Burgesses.⁴¹

On the paternal side, it is impossible to trace the origin of either Peter Jefferson⁴² or Thomas Marshall farther back than their respective great-grandfathers, without floundering, unavailingly, in genealogical quicksands.

Thomas Marshall was the son of a very small planter in Westmoreland County, Virginia. October 23, 1727, three years before Thomas was born, his father, John Marshall "of the forest," acquired by deed, from William Marshall of King and Queen County, two hundred acres of poor, low, marshy land located on Appomattox Creek.⁴³ Little as the value of land in Virginia then was, and continued to be for three quarters of a century afterwards,⁴⁴ this particular tract seems to have been of an especially inferior quality. The deed states that it is a part of twelve hundred acres which had been granted to "Jno. Washington & Thos. Pope, gents … & by them lost for want of seating."

Here John Marshall "of the forest"⁴⁵ lived until his death in 1752, and here on April 2, 1730, Thomas Marshall was born. During the quarter of a century that this John Marshall remained on his little farm, he had become possessed of several slaves, mostly, perhaps, by natural increase. By his will he bequeaths to his ten children and to his wife six negro men and women, ten negro boys and girls, and two negro children. In addition to "one negro fellow named Joe and one negro woman named Cate" he gives to his wife "one Gray mair named beauty and side saddle also six hogs also I leave her the use of my land During her widowhood, and afterwards to fall to my son Thomas Marshall and his heirs forever."⁴⁶ One year later the widow, Elizabeth Marshall, deeded half of this two hundred acres to her son Thomas Marshall.⁴⁷

Such was the environment of Thomas Marshall's birth, such the property, family, and station in life of his father. Beyond these facts, nothing positively is known of the ancestry of John Marshall on his father's side. Marshall himself traces it no further back than his grandfather. "My Father, Thomas Marshall, was the eldest son of John Marshall, who intermarried with a Miss Markham and whose parents migrated from Wales, and settled in the county of Westmoreland, in Virginia, where my Father was born."⁴⁸

It is probable, however, that Marshall's paternal great-grandfather was a carpenter of Westmoreland County. A Thomas Marshall, "carpenter," as he describes himself in his will, died in that county in 1704. He devised his land to his son William. A William Marshall of King and Queen County deeded to John Marshall "of the forest," for five shillings, the two hundred acres of land in Westmoreland County, as above stated.⁴⁹ The fair inference is that this William was the elder brother of John "of the forest" and that both were sons of Thomas the "carpenter."

Beyond his paternal grandfather or at furthest his great-grandfather, therefore, the ancestry of John Marshall, on his father's side, is lost in the fogs of uncertainty.⁵⁰ It is only positively known that his grandfather was of the common people and of moderate means.⁵¹

Concerning his paternal grandmother, nothing definitely is established except that she was Elizabeth Markham, daughter of Lewis Markham, once Sheriff of Westmoreland County.⁵²

John Marshall's lineage on his mother's side, however, is long, high, and free from doubt, not only through the Randolphs and Ishams, as we have seen, but through the Keiths. For his maternal grandfather was an Episcopal clergyman, James Keith, of the historic Scottish family of that name, who were hereditary Earls Marischal of Scotland. The Keiths had been soldiers for generations, some of them winning great renown.⁵³ One of them was James Keith, the Prussian field marshal and ablest of the officers of Frederick the Great.⁵⁴ James Keith, a younger son of this distinguished family, was destined for the Church;⁵⁵ but the martial blood flowing in his veins asserted itself and, in his youth, he also became a soldier, upholding with arms the cause of the Pretender. When that rebellion was crushed, he fled to Virginia, resumed his sacred calling, returned to England for orders, came back to Virginia⁵⁶ and during his remaining years performed his priestly duties with rare zeal and devotion.⁵⁷ The motto of the Keiths of Scotland was "Veritas Vincit," and John Marshall adopted it. During most of his life he wore an amethyst with the ancient Keith motto engraved upon it.⁵⁸

When past middle life the Scottish parson married Mary Isham Randolph,⁵⁹ granddaughter of William Randolph and Mary Isham. In 1754 their daughter, Mary Randolph Keith, married Thomas Marshall and became the mother of John Marshall. "My mother was named Mary Keith, she was the daughter of a clergyman, of the name of Keith, who migrated from Scotland and intermarried with a Miss Randolph of James River" is Marshall's comment on his maternal ancestry.⁶⁰

Not only was John Marshall's mother uncommonly well born, but she was more carefully educated than most Virginia women of that period.⁶¹ Her father received in Aberdeen the precise and methodical training of a Scottish college;⁶² and, as all parsons in the Virginia of that time were teachers, it is certain that he carefully instructed his daughter. He was a deeply religious man, especially in his latter years, – so much so, indeed, that there was in him a touch of mysticism; and the two marked qualities of his daughter, Mary, were deep piety and strong intellectuality. She had, too, all the physical hardiness of her Scottish ancestry, fortified by the active and useful labor which all Virginia women of her class at that time performed.

So Thomas Marshall and Mary Keith combined unusual qualities for the founding of a family. Great strength of mind both had, and powerful wills; and through the veins of both poured the blood of daring. Both were studious-minded, too, and husband and wife alike were seized of a passion for self-improvement as well as a determination to better their circumstances. It appears that Thomas Marshall was by nature religiously inclined;⁶³ and this made all the greater harmony between himself and his wife. The physical basis of both husband and wife seems to have been well-nigh perfect.

Fifteen children were the result of this union, every one of whom lived to maturity and almost all of whom rounded out a ripe old age. Every one of them led an honorable and successful life. Nearly all strongly impressed themselves upon the community in which they lived.

It was a peculiar society of which this prolific and virile family formed a part, and its surroundings were as strange as the society itself. Nearly all of Virginia at that time was wilderness,⁶⁴ if we look upon it with the eyes of to-day. The cultivated parts were given over almost entirely to the raising of tobacco, which soon drew from the soil its virgin strength; and the land thus exhausted usually was abandoned to the forest, which again soon covered it. No use was made of the commonest and most obvious fertilizing materials and methods; new spaces were simply cleared.⁶⁵ Thus came a happy-go-lucky improvidence of habits and character.

1. For instance, the Indians massacred nine families in Frederick County, just over the Blue Ridge from Fauquier, in June, 1755. (Pennsylvania Journal and Weekly Advertiser, July 24, 1755.)

2. Marshall, i, 12-13; Campbell, 469-71. "The Colonial contingents were not nearly sufficient either in quantity or quality." (Wood, 40.)

3. Braddock had won promotion solely by gallantry in the famous Coldstream Guards, the model and pride of the British army, at a time when a lieutenant-colonelcy in that crack regiment sold for £5000 sterling. (Lowdermilk, 97.)

4. "The British troops had been looked upon as invincible, and preparations had been made in Philadelphia for the celebration of Braddock's anticipated victory." (Ib., 186.)

5. Washington to Robinson, April 20, 1755; Writings: Ford, i, 147.

6. The "wild desert country lying between fort Cumberland and fort Frederick [now the cities of Cumberland and Frederick in Maryland], the most common track of the Indians, in making their incursions into Virginia." (Address in the Maryland House of Delegates, 1757, as quoted by Lowdermilk, 229-30.) Cumberland was "about 56 miles beyond our [Maryland] settlements." (Ib.) Cumberland "is far remote from any of our inhabitants." (Washington to Dinwiddie, Sept. 23, 1756; Writings: Ford, i, 346.) "Will's Creek was on the very outskirts of civilization. The country beyond was an unbroken and almost pathless wilderness." (Lowdermilk, 50.)

7. It took Braddock three weeks to march from Alexandria to Cumberland. He was two months and nineteen days on the way from Alexandria to the place of his defeat. (Ib., 138.)

8. "All America watched his [Braddock's] advance." (Wood, 61.)

9. For best accounts of Braddock's defeat see Bradley, 75-107; Lowdermilk, 156-63; and Marshall, i, 7-10.

10. "Of one hundred and sixty officers, only six escaped." (Lowdermilk, footnote to 175.)

11. Braddock had five horses killed under him. (Ib., 161.)

12. "The dastardly behavior of the Regular [British] troops," who "broke and ran as sheep before hounds." (Washington to Dinwiddie, July 18, 1755; Writings: Ford, i, 173-74.)

13. Washington to John A. Washington, July 18, 1755. (Ib., 176.)

14. "The Virginia companies behaved like men and died like soldiers … of three companies … scarce thirty were left alive." (Washington to Dinwiddie, July 18, 1755; Writings: Ford, i, 173-74.)

15. Lowdermilk, 182-85; and see Washington's Writings: Ford, i, footnote to 175. For account of battle and rout see Washington's letters to Dinwiddie, ib., 173-76; to John A. Washington, July 18, 1755, ib.; to Robert Jackson, Aug. 2, 1755, ib., 177-78; also see Campbell, 472-81. For French account see Hart, ii, 365-67; also, Sargent: History of Braddock's Expedition.

16. Washington to John A. Washington, July 18, 1755; Writings: Ford, i, 175.

17. "The Defeat of Braddock was totally unlooked for, and it excited the most painful surprise." (Lowdermilk, 186.)

18. "After Braddock's defeat, the Colonists jumped to the conclusion that all regulars were useless." (Wood, 40.)

19. See Stanard: Story of Bacon's Rebellion. Bacon's Rebellion deserves the careful study of all who would understand the beginnings of the democratic movement in America. Mrs. Stanard's study is the best brief account of this popular uprising. See also Wertenbaker: V. U. S., chaps. 5 and 6.

20. "The news [of Braddock's defeat] gave a far more terrible blow to the reputation of the regulars than to the British cause [against the French] itself." (Wood, 61.)

21. "From that time [Braddock's defeat] forward the Colonists had a much less exalted opinion of the valor of the royal troops." (Lowdermilk, 186.) The fact that the colonists themselves had been negligent and incompetent in resisting the French or even the Indians did not weaken their newborn faith in their own prowess and their distrust of British power.

22. Autobiography.

23. Campbell, 494. "It is remarkable," says Campbell, "that as late as the year 1756, when the colony was a century and a half old, the Blue Ridge of mountains was virtually the western boundary of Virginia." And see Marshall, i, 15; also, New York Review (1838), iii, 330. For frontier settlements, see the admirable map prepared by Marion F. Lansing and reproduced in Channing, ii.

24. Humphrey Marshall, i, 344-45. Also Binney, in Dillon, iii, 283.

25. See infra, chap. II.

26. Humphrey Marshall, i, 344-45.

27. He was one of a company of militia cavalry the following year, (Journal, H.B. (1756), 378); and he was commissioned as ensign Aug. 27, 1761. (Crozier: Virginia Colonial Militia, 96.) And see infra, chaps, III and IV.

28. Paxton, 20.

29. A copy of a letter (MS.) to Thomas Marshall from his sister Elizabeth Marshall Martin, dated June 15, 1755, referring to the Braddock expedition, shows that he was at home at this time. Furthermore, a man of the quality of Thomas Marshall would not have left his young wife alone in their backwoods cabin at a time so near the birth of their first child, when there was an overabundance of men eager to accompany Braddock.

30. Washington MSS., Lib. Cong.

31. Simon Kenton, the Indian fighter, was born in the same county in the same year as John Marshall. (M'Clung: Sketches of Western Adventure, 93.)

32. Neither the siege of Louisburg nor the capture of Quebec took such hold on the public imagination as the British disaster on the Monongahela. Also, the colonists felt, though unjustly, that they were entitled to as much credit for the two former events as the British.

33. The idea of unity had already germinated. The year before, Franklin offered his plan of concerted colonial action to the Albany conference. (Writings: Smyth, i, 387.)

34. Wood, 38-42.

35. For these genealogies see Slaughter: Bristol Parish, 212; Lee: Lee of Virginia, 406 et seq.; Randall, i, 6-9; Tucker, i, 26. See Meade, i, footnote to 138-39, for other descendants of William Randolph and Mary Isham.

36. Va. Mag. Hist. and Biog., iii, 261; xviii, 86-87.

37. The curious sameness in the ancestry of Marshall and Jefferson is found also in the surroundings of their birth. Both were born in log cabins in the backwoods. Peter Jefferson, father of Thomas, "was the third or fourth white settler within the space of several miles" of his cabin home, which he built "in a small clearing in the dense and primeval forest." (Randall, i, 11.) Here Jefferson was born, April 2, 1743, a little more than twelve years before John Marshall came into the world, under like conditions and from similar parents. Peter Jefferson was, however, remotely connected by descent, on his mother's side, with men who had been burgesses. His maternal grandfather, Peter Field, was a burgess, and his maternal great-grandfather, Henry Soane, was Speaker of the House of Burgesses. But both Peter Jefferson and Thomas Marshall were "of the people" as distinguished from the gentry.

38. Morse, 3; and Story, in Dillon, iii, 330.

39. Randall, i, 7. Peter Jefferson "purchased" four hundred acres of land from his "bosom friend," William Randolph, the consideration as set forth in the deed being, "Henry Weatherbourne's biggest bowl of arrack punch"! (Ib.)

40. Peter Jefferson was County Lieutenant of Albemarle. (Va. Mag, Hist. and Biog., xxiii, 173-75.) Thomas Marshall was Sheriff of Fauquier.

41. Randall, i, 12-13; and see infra, chap. II.

42. Tucker, i, 26.

43. Records of Westmoreland County, Deeds and Wills, viii, I, 276.

44. Ib. Seventy years later La Rochefoucauld found land adjoining Norfolk heavily covered with valuable timber, close to the water and convenient for shipment, worth only from six to seven dollars an acre. (La Rochefoucauld, iii, 25.) Virginia sold excellent public land for two cents an acre three quarters of a century after this deed to John Marshall "of the forest." (Ambler, 44; and see Turner, Wis. Hist. Soc, 1908, 201.) This same land which William Marshall deeded to John Marshall nearly two hundred years ago is now valued at only from ten to twenty dollars an acre. (Letter of Albert Stuart, Deputy Clerk of Westmoreland County, to author, Aug. 26, 1913.) In 1730 it was probably worth one dollar per acre.

45. A term generally used by the richer people in referring to those of poorer condition who lived in the woods, especially those whose abodes were some distance from the river. (Statement of W. G. Stanard, Secretary of the Virginia Historical Society and Dr. H. J. Eckenrode of Richmond College, and formerly Archivist of the Virginia State Library.) There were, however, Virginia estates called "The Forest." For example, Jefferson's father-in-law, John Wayles, a wealthy man, lived in "The Forest."

46. Will of John Marshall "of the forest," made April 1, 1752, probated May 26, 1752, and recorded June 22, 1752; Records of Westmoreland County, Deeds and Wills, xi, 419 et seq. (Appendix II.)

47. Ib., 421.

48. Autobiography. Marshall gives the ancestry of his wife more fully and specifically. See infra, chap. V.

49. Will of Thomas Marshall, "carpenter," probated May 31, 1704; Records of Westmoreland County, Deeds and Wills, iii, 232 et seq. (Appendix I.)

50. Most curiously, precisely this is true of Thomas Jefferson's paternal ancestry.

51. There is a family tradition that the first of this particular Marshall family in America was a Royalist Irish captain who fought under Charles I and came to America when Cromwell prevailed. This may or may not be true. Certainly no proof of it has been discovered. The late Wilson Miles Cary, whose authority is unquestioned in genealogical problems upon which he passed judgment, decided that "the Marshall family begins absolutely with Thomas Marshall, 'Carpenter.'" (The Cary Papers, MSS., Va. Hist. Soc. The Virginia Magazine of History and Biography is soon to publish these valuable genealogical papers.) Within comparatively recent years, this family tradition has been ambitiously elaborated. It includes among John Marshall's ancestors William le Mareschal, who came to England with the Conqueror; the celebrated Richard de Clare, known as "Strongbow"; an Irish king, Dermont; Sir William Marshall, regent of the kingdom of England and restorer of Magna Charta; a Captain John Marshall, who distinguished himself at the siege of Calais in 1558; and finally, the Irish captain who fought Cromwell and fled to Virginia as above mentioned. (Paxton, 7 et seq.) Senator Humphrey Marshall rejected this story as "a myth supported by vanity." (Ib.) Colonel Cary declares that "there is no evidence whatever in support of it." (Cary Papers, MSS.) Other painstaking genealogists have reached the same conclusion. (See, for instance, General Thomas M. Anderson's analysis of the subject in Va. Mag. Hist. and Biog., xii, 328 et seq.) Marshall himself, of course, does not notice this legend in his Autobiography; indeed, it is almost certain that he never heard of it. In constructing this picturesque genealogical theory, the kinship of persons separated by centuries is assumed largely because of a similarity of names. This would not seem to be entirely convincing. There were many Marshalls in Virginia no more related to one another than the various unrelated families by the name of Smith. Indeed, maréchal is the French word for a "shoeing smith." For example, there lived in Westmoreland County, at the same time with John Marshall "of the forest," another John Marshall, who died intestate and the inventory of whose effects was recorded March 26, 1751, a year before John Marshall "of the forest" died. These two John Marshalls do not seem to have been kinsmen. The only prominent person in Virginia named Marshall in 1723-34 was a certain Thomas Marshall who was a member of the colony's House of Burgesses during this period; but he was from Northampton County. (Journal, H.B. (1712-23), xi; ib. (1727-40), viii, and 174.) He does not appear to have been related in any way to John "of the forest." There were numerous Marshalls who were officers in the Revolutionary War from widely separated colonies, apparently unconnected by blood or marriage. For instance, there were Abraham, David, and Benjamin Marshall from Pennsylvania; Christopher Marshall from Massachusetts; Dixon Marshall from North Carolina; Elihu Marshall from New York, etc. (Heitman, 285.) At the same time that John Marshall, the subject of this work, was captain in a Virginia regiment, two other John Marshalls were captains in Pennsylvania regiments. When Thomas Marshall of Virginia was an officer in Washington's army, there were four other Thomas Marshalls, two from Massachusetts, one from South Carolina, and one from Virginia, all Revolutionary officers. (Ib.) When Stony Point was taken by Wayne, among the British prisoners captured was Lieutenant John Marshall of the 17th Regiment of British foot (see Dawson, 86); and Captain John Marshall of Virginia was one of the attacking force. (See infra, chap. IV.) In 1792, John Marshall of King and Queen County, a boatswain, was a Virginia pensioner. (Va. Hist. Prs., v, 544.) He was not related to John Marshall, who had become the leading Richmond lawyer of that time. While Hamilton was Secretary of the Treasury he received several letters from John Marshall, an Englishman, who was in this country and who wrote Hamilton concerning the subject of establishing manufactories. (Hamilton MSS., Lib. Cong.) Illustrations like these might be continued for many pages. They merely show the danger of inferring relationship because of the similarity of names, especially one so general as that of Marshall.

52. The Cary Papers, supra. Here again the Marshall legend riots fantastically. This time it makes the pirate Blackbeard the first husband of Marshall's paternal grandmother; and with this freebooter she is said to have had thrilling and melancholy experiences. It deserves mention only as showing the absurdity of such myths. Blackbeard was one Edward Teach, whose career is well authenticated (Wise, 186.) Colonel Cary put a final quietus on this particular tale, as he did on so many other genealogical fictions.

53. See Douglas: Peerage of Scotland (1764), 448. Also Burke: Peerage (1903), 895; and ib. (1876). This peerage is now extinct. See Burke: Extinct Peerages.

54. For appreciation of this extraordinary man see Carlyle's Frederick the Great.

55. Paxton, 30.

56. From data furnished by Justice James Keith, President of the Court of Appeals of Virginia.

57. Paxton, 30; and see Meade, ii, 216.

58. Data furnished by Thomas Marshall Smith of Baltimore, Md.

59. With this lady the tradition deals most unkindly and in highly colored pictures. An elopement, the deadly revenge of outraged brothers, a broken heart and resulting insanity overcome by gentle treatment, only to be reinduced in old age by a fraudulent Enoch Arden letter apparently written by the lost love of her youth – such are some of the incidents with which this story clothes Marshall's maternal grandmother. (Paxton, 25-26.)

60. Autobiography.

61. In general, Virginia women at this time had very little education (Burnaby, 57.) Sometimes the daughters of prominent and wealthy families could not read or write. (Bruce: Inst., i, 454-55.) Even forty years after John Marshall was born, there was but one girls' school in Virginia. (La Rochefoucauld, iii, 227.) In 1789, there were very few schools of any kind in Virginia, it appears. (Journal, H.B. (Dec. 14, 1789), 130; and see infra, chap. VI.)

62. Paxton, 30. Marischal College, Aberdeen, was founded by George Keith, Fifth Earl Marischal (1593).

63. See infra, chap. II. When Leeds Parish was organized, we find Thomas Marshall its leading vestryman. He was always a stanch churchman.

64. Jones, 35; Burnaby,58. But see Maxwell in William and Mary College Quarterly, xix, 73-103; and see Bruce: Econ., i, 425, 427, 585, 587.

65. "Though tobacco exhausts the land to a prodigious degree, the proprietors take no pains to restore its vigor; they take what the soil will give and abandon it when it gives no longer. They like better to clear new lands than to regenerate the old." (De Warville, 439; and see Fithian, 140.) The land produced only "four or five bushels of wheat per acre or from eight to ten of Indian corn. These fields are never manured, hardly even are they ploughed; and it seldom happens that their owners for two successive years exact from them these scanty crops… The country … everywhere exhibits the features of laziness, of ignorance, and consequently of poverty." (La Rochefoucauld, iii, 106-07, describing land between Richmond and Petersburg, in 1797; and see Schoepf, ii, 32, 48; and Weld, i, 138, 151.)